CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №6(193)2024
PERSONA GRATA
B. K. Azanov:
Features of investment cooperation in the Eurasian Economic Union
Interview with Berik Quralbayuly Azanov, Ph.D. in economical sciences, master of science in jurisprudence, with the President of the Eurasian Institute of Legal Research and Economic Development.
INTERNATIONAL LAW
Alieva M. N., Labazanov M. T.
On the issue of the functioning of international intergovernmental organizations
Andryukhina I. Yu., Pekhova L. S., Mnatsakanov A. E.
On the issue of the peculiarities of international criminal law
Klimov A. P.
Understanding the principle of transparency in international trade law
Kinyabaeva G. A.
Some aspects of legal regulation of trade, economic and investment cooperation between Russia and Tajikistan at the present stage
Minigulova I. R.
Diplomacy and diplomatic law in the conditions of digitization
Ngatheyo Akony Chany Pavel, Pasenov A. N.
Protecting children’s rights in Africa: Analysis of the African Charter on the Rights and Welfare of the Child
Pasenov A. N., Ngatheyo Akony Chany Pavel
United Nations Peacekeeping Force in Cyprus: international legal status
Wang Zenan, Baynazarov I. N.
Application of international law by national courts
Gasanov T. R., Gasanov F. M.
The concept of «International Transport Law»
Druzhkova A. I., Kalyuzhnaya P. L., Medvedeva D. O., Primak A. V.
The impact of US migration policy on relations with Latin America: political and legal aspects
Ha Thi Hanh, Tran Quang Huy
Vietnam’s situation of extended continental shelf delienation – looking for resolutions from international experience
INTERNATIONAL PUBLIC LAW
Nguyen S. H., Mai X. H.
Model of a trade remedy investigation agency of some emerging economies – suggestions for Vietnam
INTERNATIONAL PRIVATE LAW
Sarafanova P. L.
Russian-Chinese trade cooperation under sanctions pressure: development prospects
EUROPEAN LAW
Chumychkin A. A.
Reform of the control mechanism in the areas of extraction and conservation of marine biological resources in the European Union: legal aspect
THEORY OF STATE AND LAW
Baydarova M. A.
Analysis of legally significant consequences in legal relations
Gayday M. K., Grozin S. Yu., Porokhovaya D. E.
Prevention of conflicts as one of the ways of constructive communication in the field of education
Guseva G. V., Grigorjev E. N.
On the issue of approaches to the definition of «state»: historical and legal aspect
Dudko G. N.
The purpose and objectives of casual interpretation
Yezhikova S. I.
Legal order and special legal order: aspects of the relationship
Pronina K. Yu.
Peculiarities of legal consciousness of civil servants: empirical analysis
Samoylova Zh. V.
The civic position of the individual is the basis of democracy
Strakhov I. A.
Ideas about the “modern state” and its types: problem statement
Tataru B. A.
Interpretation of the concept of legal conformity
Tushko O. Yu.
On the impact of freedom of speech and the right to association on the stability of state power
Ulaeva N. L.
Synergetic approach and synergetic methodology as the basis for legal cognition and research of legal reality
Khovantsev A. S.
The intended purpose of the reference rules of law
HISTORY OF STATE AND LAW
Lonshakov A. A.
The political and legal significance of the organization of the activities of militia formations during the Caucasian War of 1817-1864
Novikova O. I., Nekrasov A. I.
On the question of France’s foreign policy course in the 1920s and 1930s (Part 3)
Rogalev A. A.
Provision of assistance by Chinese nationals to the police of the Priamursky Governor-General’s Office in its activities to protect public order and combat Chinese banditry (second half of the XIX – early XX c.)
CONSTITUTIONAL LAW
Abdurakhmanova E. Kh., Sarkarova D. S.
Some principles of interaction between the state and religious organizations as prerequisites for the realization of the right to freedom of conscience and religion
Alexandrov G. D.
Current aspects of the legal status of the Moscow Government
Alieva Z. I., Alieva L. F.
State and civil society: features of interaction
Amirkhanov N. G., Alieva Z. I.
Legal properties of the constitution of the Russian Federation
Zhivodrova S. A., Zhivodrova N. A.
Features of combating corruption in public service in foreign countries, using the example of the United Arab Emirates
Kuznetsov S. A.
The dialectic of local self-government in Russia: analysis of modern approaches and development prospects in the context of constitutional changes
Mustafina L. R.
Childhood as an element of the Constitutional and legal space of the Russian Federation
Belykh D. V.
Refusal to register political parties: legal nature
Beltseva E. I.
On the essential components of parliamentary control within the framework of analytical discourse
Zhivodrova N. A., Zhivodrova S. A.
The system of prohibitions and restrictions on public service in China as a means of combating corruption
ADMINISTRATIVE LAW
Biryukova E. R.
Administrative and legal regulation of the evaluation of the effectiveness and efficiency of civil servants
Lyannoy G. G.
Lobbying as a factor threatening the security of business activities (administrative and legal aspect)
Matyukhina M. G.
On the question of some problems of the formation of administrative delictology in the Russian doctrine
Tonkoshtan A. R., Sokolova E. M., Chernov Yu. I.
Administrative Internet offenses: ways to identify and prevent them
CIVIL LAW
Abdujalilov A.
Digital law in the context of the Civil Code of the Republic of Tajikistan
Gasanova A. M., Akhmedova Z. A.
The issue of implementing housing rights for orphans and children left without parental care
Deltsova N. V., Samsonov E. D.
General results of the reform the institute of conditional performance of obligations
Karpikova L. V.
A branch of a legal entity as an instrument of its special organization
Linnikov A. S.
Control and supervision activities of the customer under the construction contract
Lityagina A. S., Kokova L. R.
Current issues of regulation of the illegal labor market in the Russian Federation
Malenkaya E. A., Malinova A. G.
Features of Interests as Accessories of Subjects of Law
Paraskevova S. A.
Features of the design project agreement
Permyakov M. V., Bannykh S. G., Sarapultseva A. V.
Crowdfunding: the concept, the experience of foreign countries and the problems of promotion in Russia. Development prospects
Samusenko A. D., Leonov M. R.
Mediation as a way to protect the rights and legitimate interests of entrepreneurs.
Smolina O. S.
Transactions with forest resources via digital platforms in the light of improvements of Civil Code of the Russian Federation and Forest Code of the Russian Federation
Startseva S. V.
Possible ways to improve the legislation on guardianship and guardianship in the Russian Federation
Stepanenko O. G., Cherdakova L. A.
Current issues of compensation for harm in judicial practice
Tokarev A. M.
On some problems related to legal regulation of findings in civil legislation
Trusov F. N.
On the issue of the system of management bodies of the law office
Yastremskiy I. A.
Legal features of the organization and conduct of plastic surgery in Russian plastic surgery clinics for foreign citizens living abroad
Stepanenko O. G., Stepanenko Yu. S.
On the issue of legal regulation of artificial intelligence
Buslenko E. O.
Compensation for moral damage in cases of protection of business reputation of entrepreneurs
Vinichenko Yu. V.
The digital form of civil circulation functioning
Visloguzov I. D.
Self-protection of copyrights to a work on the Internet, features and methods of implementation
Zakirov D. A.
The republican program «Bashkir longevity»: content and potential for development
Startseva S. V.
Problems of using maternity capital to improve housing conditions
Filyakov R. A.
Institute for the prevention of harm in Russian civil law
Yakimushkina M. A.
Transaction in Russian civil law. To the question of the concept
Yastremskiy I. A.
The grounds and procedure for granting a tax deduction to a patient of a plastic surgery clinic
Visloguzov I. D.
Non-fungible token in the system of the modern copyright law
CIVIL PROCESS
Vorontsova I. V., Khakimova G. I.
Problems of law enforcement of types of civil proceedings and some ways to solve them
Erina L. R.
Features of the institution of representation in civil proceedings
Larin V. R., Kareva T. Yu.
On the relationship between abuse of procedural rights in the Russian Federation and some European countries
Lapteva V. D., Elmurzaev A. V.
A claim in the civil procedure of the Russian Federation: problems of defining the concept of a claim
Orlova A. I.
Actual problems of evaluation of screenshots of electronic correspondence of the parties by commercial courts
Elmurzaev A. V., Kuskova I. V., Yurjeva V. Yu.
The role of enforcement proceedings in civil proceedings
Vorontsova I. V., Valitova D. I.
Modern technologies in civil proceedings
Lobov N. V., Elmurzaev A. V.
General characteristics of the persons involved in the case
JUDICIAL, NOTARIAL AND ADVOCACY ACTIVITIES
Abdulazizov A. M., Kazankova T. N.
Problems of applying mediation agreements in practice
ARBITRATION PROCESS
Khachirov A. V., Alaverdyan E.G.
Topical issues of representation in commercial litigation
LAND LAW
Butenko A. G., Kudryavtseva L. V.
Legal regulation of strategic planning in the field of agribusiness
Dereglazov A. A.
The genesis of legislative regulation of land surveying and land management in Russia
Korduban A. E., Ermolina M. A.
Legal mechanism for the use of land plots from energy industry lands
Perepechkina E. G., Losenkov O. I.
Tools for managing the land and property complex of the regions
FAMILY LAW
Krasnova T. V., Kuchinskaya L. A.
Protection of the interests of children in determining the shares in the ownership of housing acquired with the participation of maternal (family) capital
LABOUR LAW
Gudkova D. R., Dolgov D. S.
Problems of legal regulation of the work of medical workers
Kirillova L. S., Girfanova G. G.
Ensuring the right of an employee to protect his dignity during his working life
Linets A. A.
Legal aspects of the application of artificial intelligence technologies in the field of labor (part 3: issues of perception of justice)
Semyannikova D. A.
Problematic issues of maintaining the employment relationship between an employer and an employee with an established disability
Sokolova M. M., Matveev A. K., Fedorova A. V.
Comparative legal analysis of Russia and the Asia-Pacific countries in the field of labor relations
Strogovich Yu. N., Medvedeva I. N.
About long working days in institutions and bodies of the criminal executive system
FINANCIAL LAW
Medzhitov T. V.
Formation of the common market of audit services within the framework of the common financial market of the EAEU
Skobileva I. V., Makhonin D. D., Bavin D. E.
Analysis of tax offences: causes, consequences and ways to overcome
Trifonov G. D.
Practice of application of legislation on digital financial assets and digital currency in the Russian Federation: analysis of court decisions
TAX LAW
Garkavaya Yu. A.
Mandatory method of legal regulation in tax law
ECOLOGICAL LAW
Mokretsov Yu. V.
The legal basis for the use of artificial intelligence in the field of environmental protection: current trends and prospects
ENTREPRENEURIAL LAW
Artsytov N. A., Abramov K. D., Kot M. K.
Public administration reform in the field of state control (supervision): first results
Deltsova N. V.
Quest show as an object of legal protection
Kudelya N. Yu., Mozhenko N. S.
Illegal entrepreneurial activity
Skobileva I. V., Makhonin D. D.
On the application of the risk-based approach in the implementation of control and supervisory activities
Artsytov N. A., Abramov K. D., Kot M. K.
Reform of control and supervisory activities in Russia as a condition for stability of economic relations
CORPORATE LAW
Tkachenko A. A., Glinshikova T. V., Kuznetsova Ya. V.
The essence and legal nature of the corporate agreement
DIGITAL LAW
Dolgov D. S., Gudkova D. R.
Intellectual property created with the help of artificial intelligence: problems of legal protection
ENERGY LAW
Skryabin A. V.
Legal regulation of relations in the field of oil and gas production: identification of problematic aspects
CRIMINAL LAW
Alyshev S. S.
Criminal violence: current state and basic tendencies
Amirkhanyan V. G., Taranenko A. A., Gavrilin S. A.
Features of the activities of the district commissioner for the prevention of extremist crimes
Bairov A. S.
Heroin consumption estimates within a particular region (on the example of the Irkutsk region)
Baranova E. P.
The genesis of deviant behavior of convicted women serving sentences in prison
Gilmutdinova A. F.
The convergence method in the legal regulation of the process of identifying signs of tax crimes
Efremova O. S.
On some current crime trends in the Russian Federation
Zorina N. S., Tsarkova E. G.
Types of crimes and types of risks associated with the Internet environment Internet offenses: classification, risks and prevention measures
Kozarenko Yu. I., Tezikov D. A.
Narcotic plants and narcotic drugs as an object of crime
Makhaev M. A., Aliev A. M.
Genocide as a Crime under Russian Criminal Law
Meshcheryakova T. V., Khasnutdinov R. R.
On the issue of the main directions of countering violent crime in places of detention
Nabiullina V. R.
Administrative prejudice as a means of distinguishing offenses provided for in Article 207.1 of the Criminal Code of the Russian Federation and Part 9 of Article 13.15 of the Code of Administrative Offences of the Russian Federation
Novikova L. V., Suleymanov T. A.
Criminal legal assessment of the acts of a person occupying a higher position in the criminal hierarchy
Openchenko I. V., Gazizov T. I., Kovalev V. V.
Analysis of modern changes and additions to the Criminal Code of the Russian Federation
Pichugin S. A.
Criminal liability for an act provided for in Article 282.4 of the Criminal Code of the Russian Federation: regulation and enforcement issues
Povalyaev E. A.
The development of domestic legal norms providing for responsibility for murder. The occurrence of qualifying signs
Taranin M. A., Gilemkhanova A. G., Shcherbakov A. V., Shestakova N. N.
Features of the application of punishments not related to isolation in relation to minors
Tonaev T. M.
Criminal liability as a type of legal responsibility
Khamzyaeva Yu. R.
Criminal law counteraction to the financing of terrorist activities
Zharov K. A.
Prospects of criminal liability of legal entities in Russia for illegal destruction (damage) of forest plantations in the Russian Federation
Makhaev M. A., Aliev A. M.
Voluntary abandonment of criminal intent as an institute of Russian criminal law
CRIMINAL PROCESS
Adylin D. M., Belyakov A. V., Shishkina K. A.
On the legal improvement of article 86 of the Code of Criminal Procedure of the Russian Federation
Gerasenkov V. M.
Stage of initiating a criminal case: problematic aspects and areas for improvement
Dechkin O. M.
Features of preparation for interrogation of witnesses from among persons serving sentences in criminal cases of crimes against life and health in correctional institutions
Zelenskaya T. V., Litvintseva N. Yu.
On the issue of determining the fairness of the sentence
Luneva A. V., Pokotilova A. E.
Public prosecution and the principle of presumption of innocence: problems of compliance
Makogon I. V., Ignatova E. A.
The possibility of maintaining the procedural independence of the investigator in interaction with the head of the investigative body
Mallaeva Sh. A., Begova D. Ya.
Control over the operational and investigative activities of the internal affairs bodies
Marianov A. A., Musakaeva Z. Z., Ayubova S. I.
Features of the adversarial principle of the parties in criminal proceedings
Makarova V. V.
Prospects for the development of the institute of executive probation in the Russian Federation
Marfin A. Yu., Belyakov A. V.
On the concept of the validity of suspicion when choosing a preventive measure in the form of detention
Orlov V. V., Isaev R. A., Bityutskikh I. V.
Adversarial nature of the parties in pre-trial domestic criminal proceedings as a reflection of the principle of justice
Sokolov Yu. N.
Sign, figure, number, data and information: issues of interpretation
Tsarkova E. G.
Application of intelligent chatbots in the processes of professional training of employees of the penal and correctional system of the Russian Federation
CRIMINAL EXECUTIVE LAW
Asadov V. V., Bakhanaev A. A.
On the problem of monitoring the activities of criminal enforcement inspections
CRIMINALISTICS
Ardashev R. G., Shamurzaev T. T.
“Evidence of behavior” in the context of retrospective analysis
Dolgushina L. V.
Problematic issues of detecting and identifying handprints on various surfaces at the fire site
Akhmetgaleev V. R.
Criminalistic aspects of the application of preventive measures in the context of countering the process of investigating crimes
Vlezko D. A., Chermit Sh. A., Dzyubenko A. A.
About modern types of counteraction to investigation
Dolgushina L. V.
Appointment and conduct of an explosion technical examination when solving crimes related to the use of explosives and explosive devices
CRIMINOLOGY
Malaev A. Kh.
Features of the detection of juvenile delinquency
Pisarevskaya E. A.
Сrimes under Article 157 of the Criminal Code of the Russian Federation: criminal law and criminological problems
Rastoropov S. V.
Features of scientific and methodological support for the training of highly qualified personnel to combat cybercrimes in the field of digital economy and finance
Stupina S. A.
On the issue of fatal poisoning with prohibited substances through the prism of modern national security challenges
JUDICIARY
Lifintsev V. N.
Russian and foreign experience in introducing modern technologies into the judicial system of the XXI century
Snegur A. A., Stepanenko R. A.
Formation of an economic justice system in the territory of Kherson region
Lifintsev V. N.
The state and prospects of reducing the burden on judges
LAW ENFORCEMENT AGENCIES
Vityutnev E. E., Zinnatov R. R., Bludova I. N.
Combat fighting techniques: building combinations and tactics of their application in the practical activities of future employees of security units of persons subject to state protection
Gotskaya N. R.
The essence of documenting criminal activity by operational units of internal affairs bodies
Egoshin I. V., Kopylov I. A., Kuzmin S. S.
The development of psychological stability of students of the Ministry of Internal Affairs of Russia in fire training classes and prospects for the use of psychological techniques to overcome stress in practice
Litvina L. M., Galyautdinov R. R.
On the issue of ensuring public order and public safety during public events
Pavlov D. V., Yuzvak S. A., Shalamova A. Yu., Baykalov V. A.
The essence and features of professional training of future employees of the Ministry of Internal Affairs of Russia in modern conditions
Tonyshev A. V., Udodov A. G.
Features оf education of the culture of interethnic communication in the bodies of internal affairs
SECURITY AND LAW
Aramisov A. A.
Specifics of preventing extremism in higher educational institutions
Balabkin D. A., Abrosimov I. S., Gogoleva V. V.
The concept of terrorism and its theoretical foundations
Korsikova N. A., Asadov V. V.
Terrorism and extremism: social and legal foundations
Rudik M. V., Fakov A. M., Appazov S. S.
Motivation of extremist acts: conformity of form and content
Semenova K. A., Krauze S. V., Larionov V. N., Kosarev S. Yu.
Countering terrorism: historical, theoretical and legal analysis
Goncharov A. S., Krauze S. V., Larionov V. N., Kosarev S. Yu.
High voltage and low liability: problems of calculation of the penalty in the framework of consumer litigation with power supply companies
Isanbaeva D. A., Fedosov A. V., Mikheeva A. D., Shvind D. P., Sultangareeva E. I.
Legislative aspects of digitalization in the field of production safety
PEDAGOGY AND LAW
Voskoboev A. I., Khalilullin F. F., Gorlov V. V., Sharipova A. R.
Innovative technologies used in the process of training cadets and students of universities of the Ministry of Internal Affairs
Danielyan A. S.
Reflections on the use of artificial intelligence in teaching law students
Javadyan Yu. R.
The development of moral qualities of cadets while studying at the educational organization of the Ministry of Internal Affairs of Russia
Zaytseva E. V., Nelyubin R. V., Arkhipov E. V.
Possibilities, problems and technologies of testing on employment on fire preparation in the educational organizations of the Ministry of Internal Affairs of Russia
Isaev R. A., Vodolatskiy K. V., Davidova S. A.
Improving the practical shooting skills of police officers: the US experience
Zorina N. S., Sadykova R. A.
The essence of the psychological and pedagogical study of the personality of juvenile convicts
Karimova S. S., Latypova E. R., Filippov N. N.
The main aspects of the application of communication in the educational process
Molokova L. V.
Aspects of forming soft skills in the process of studying the discipline “basics of business communication” in a technical university
Nikolaev N. Yu., Konstantinov V. N., Kolbyshev P. R.
The effectiveness of binocular aiming for police officers, as well as the method of its development
Starostin V. G., Khrushchev A. V., Mustakimov R. M., Taranin M. A.
Features of the formation of professional competencies in universities of the Ministry of Internal Affairs of Russia
Shanko V. V., Semenov S. G., Starostin V. G., Zinchenko N. N.
Formation of universal competencies among cadets and students of universities of the Ministry of Internal Affairs of Russia
PSYCHOLOGY AND LAW
Almukhametova G. G., Yusupova O. A., Gorlov V. V., Merkazova V. A.
Development of psychological stability of police officers
Kosovskiy V. B., Malikov Sh. E., Kulakova A. A., Kortikov A. V.
Psychological barriers in communication between police officers and citizens
STATE AND LAW
Perepechkina E. G., Losenkov O. I.
Regional social policy: problems of formation and implementation in the Russian Federation
Filippova I. F., Bogdanova Yu. Z.
Legal aspects of youth participation in the work of public associations
POLICY AND LAW
Mirokiyants K. S., Izilyaeva L. O.
The role of regional media in the political and communication system of the Republic of Bashkortostan (on the example of the state TV and radio broadcasting company “Bashkortostan”)
HUMAN RIGHTS
Alexeev G. V.
Digital sovereignty and protection of human rights in international cyberspace
Revina S. N., Gorbunova A. A., Dvoryanchikov V. M.
A new generation of human rights and their protection in the digital space
RELIGION AND LAW
Nazmutdinov R.A.
Fatwa section on the magazine: fatwas of divorse in the 1908 issue
ECONOMY. LAW. SOCIETY
Volov M. A., Gergova Z. H., Bolotoka B. V., Kalabekova L. I.
Features of the implementation of the green economy concept in Asian countries and the countries of the Middle East
Efimova G. M., Bakieva G. R.
Employment in the global energy sector
Kokurin D. I., Novakova S. Yu.
Analysis of the possibilities of ensuring innovation-oriented economic growth in the Russian Federation on the basis of existing fixed assets
Nutsalova M. A., Sayapin A. V.
On the issue of strategic priorities of regional management
Seryozhkin A. A., Rudneva Yu. R.
Digital solutions for the oil and gas fields procurement in the Far North
Taran A. N., Mudarisov R. R., Taran K. A.
Prospects for the development of economic entities of Russia in the context of maintaining the anti-Russian sanctions policy and retaliatory economic measures of the Russian Federation
Biglova A. A.
Trends in interregional economic interaction in the Republic of Bashkortostan
Solovjeva I. A.
Phases and conditions of formation of the commercial sector in the cultural sphere
Tolikova E. E., Kolmakov A. N., Sobko A. A., Glinkina E. M.
Critical analysis of techniques for the use of digital twins and machine learning in order to optimize production processes
Chumlyakov K. S., Ignatyuk Yu. L.
Identification of transport infrastructure links by level of adaptability to internationalization
Wang Yiping, Ravochkin N.N.
Innovations in human resource management of enterprises in the context of digitalization
PHILOSOPHY. LAW. SOCIETY
Bredikhin A. V., Zakopyrin V. N., Lustin Yu. M.
Towards the definition of the concept of “regional community” in the context of modern socio-cultural transformations
Zubkov S. A., Shakhova K. O.
Ecophilic philosophy and aesthetics of Indian design – Vastu
Gofman A. A., Timoschuk A. S.
GO-logic in the strategy of the world Win-Win
Itkulova L. A., Valiullina Z. R., Khayrullin R. N., Khasanova L. R.
Metaphysical foundations of the ecological crisis: transcendental-ethical aspect
ZaytsevN.N.,GavrilenkoM.V.,LevchenkoD.V.
The collapse of liberal democracy
ZubkovS.A.,TyurinaA.Yu.
Zoolatry and phytolatry of Taoism as components of ecophilic philosophy
SobkoR.V.SpirinV.K.,TretyakovI.S.
Is female priesthood believable in Russian traditional culture: reflections on the philosophical intuition
of religious cult Frolova S. R
StepanenkoYu.S.
Historical and cultural “Eastern” alternative civilizational development of Russia
Khokhlova O. M.
Culture of consent: problems of implementation and development prospects
Vildanova M. U.
Understanding human nature in western and eastern philosophy
Sidorov D. N.
The connection between the information activity of the brain and high creative productivity: perspectives and research
Khismatullina G. G.
Solidarity as a criterion for moral progress of modern society
Samedov A. G.
Virtual reality of Parmenides
Abdullin A.F.,Abdulov A.E.,Latypova E. R.
The global situation of social interaction in modern realities
B. K. Azanov:
Features of investment cooperation in the Eurasian Economic Union
Interview with Berik Quralbayuly Azanov, Ph.D. in economical sciences, master of science in jurisprudence, with the President of the Eurasian Institute of Legal Research and Economic Development.
INTERNATIONAL LAW
Alieva M. N., Labazanov M. T.
On the issue of the functioning of international intergovernmental organizations
Andryukhina I. Yu., Pekhova L. S., Mnatsakanov A. E.
On the issue of the peculiarities of international criminal law
Klimov A. P.
Understanding the principle of transparency in international trade law
Kinyabaeva G. A.
Some aspects of legal regulation of trade, economic and investment cooperation between Russia and Tajikistan at the present stage
Minigulova I. R.
Diplomacy and diplomatic law in the conditions of digitization
Ngatheyo Akony Chany Pavel, Pasenov A. N.
Protecting children’s rights in Africa: Analysis of the African Charter on the Rights and Welfare of the Child
Pasenov A. N., Ngatheyo Akony Chany Pavel
United Nations Peacekeeping Force in Cyprus: international legal status
Wang Zenan, Baynazarov I. N.
Application of international law by national courts
Gasanov T. R., Gasanov F. M.
The concept of «International Transport Law»
Druzhkova A. I., Kalyuzhnaya P. L., Medvedeva D. O., Primak A. V.
The impact of US migration policy on relations with Latin America: political and legal aspects
Ha Thi Hanh, Tran Quang Huy
Vietnam’s situation of extended continental shelf delienation – looking for resolutions from international experience
INTERNATIONAL PUBLIC LAW
Nguyen S. H., Mai X. H.
Model of a trade remedy investigation agency of some emerging economies – suggestions for Vietnam
INTERNATIONAL PRIVATE LAW
Sarafanova P. L.
Russian-Chinese trade cooperation under sanctions pressure: development prospects
EUROPEAN LAW
Chumychkin A. A.
Reform of the control mechanism in the areas of extraction and conservation of marine biological resources in the European Union: legal aspect
THEORY OF STATE AND LAW
Baydarova M. A.
Analysis of legally significant consequences in legal relations
Gayday M. K., Grozin S. Yu., Porokhovaya D. E.
Prevention of conflicts as one of the ways of constructive communication in the field of education
Guseva G. V., Grigorjev E. N.
On the issue of approaches to the definition of «state»: historical and legal aspect
Dudko G. N.
The purpose and objectives of casual interpretation
Yezhikova S. I.
Legal order and special legal order: aspects of the relationship
Pronina K. Yu.
Peculiarities of legal consciousness of civil servants: empirical analysis
Samoylova Zh. V.
The civic position of the individual is the basis of democracy
Strakhov I. A.
Ideas about the “modern state” and its types: problem statement
Tataru B. A.
Interpretation of the concept of legal conformity
Tushko O. Yu.
On the impact of freedom of speech and the right to association on the stability of state power
Ulaeva N. L.
Synergetic approach and synergetic methodology as the basis for legal cognition and research of legal reality
Khovantsev A. S.
The intended purpose of the reference rules of law
HISTORY OF STATE AND LAW
Lonshakov A. A.
The political and legal significance of the organization of the activities of militia formations during the Caucasian War of 1817-1864
Novikova O. I., Nekrasov A. I.
On the question of France’s foreign policy course in the 1920s and 1930s (Part 3)
Rogalev A. A.
Provision of assistance by Chinese nationals to the police of the Priamursky Governor-General’s Office in its activities to protect public order and combat Chinese banditry (second half of the XIX – early XX c.)
CONSTITUTIONAL LAW
Abdurakhmanova E. Kh., Sarkarova D. S.
Some principles of interaction between the state and religious organizations as prerequisites for the realization of the right to freedom of conscience and religion
Alexandrov G. D.
Current aspects of the legal status of the Moscow Government
Alieva Z. I., Alieva L. F.
State and civil society: features of interaction
Amirkhanov N. G., Alieva Z. I.
Legal properties of the constitution of the Russian Federation
Zhivodrova S. A., Zhivodrova N. A.
Features of combating corruption in public service in foreign countries, using the example of the United Arab Emirates
Kuznetsov S. A.
The dialectic of local self-government in Russia: analysis of modern approaches and development prospects in the context of constitutional changes
Mustafina L. R.
Childhood as an element of the Constitutional and legal space of the Russian Federation
Belykh D. V.
Refusal to register political parties: legal nature
Beltseva E. I.
On the essential components of parliamentary control within the framework of analytical discourse
Zhivodrova N. A., Zhivodrova S. A.
The system of prohibitions and restrictions on public service in China as a means of combating corruption
ADMINISTRATIVE LAW
Biryukova E. R.
Administrative and legal regulation of the evaluation of the effectiveness and efficiency of civil servants
Lyannoy G. G.
Lobbying as a factor threatening the security of business activities (administrative and legal aspect)
Matyukhina M. G.
On the question of some problems of the formation of administrative delictology in the Russian doctrine
Tonkoshtan A. R., Sokolova E. M., Chernov Yu. I.
Administrative Internet offenses: ways to identify and prevent them
CIVIL LAW
Abdujalilov A.
Digital law in the context of the Civil Code of the Republic of Tajikistan
Gasanova A. M., Akhmedova Z. A.
The issue of implementing housing rights for orphans and children left without parental care
Deltsova N. V., Samsonov E. D.
General results of the reform the institute of conditional performance of obligations
Karpikova L. V.
A branch of a legal entity as an instrument of its special organization
Linnikov A. S.
Control and supervision activities of the customer under the construction contract
Lityagina A. S., Kokova L. R.
Current issues of regulation of the illegal labor market in the Russian Federation
Malenkaya E. A., Malinova A. G.
Features of Interests as Accessories of Subjects of Law
Paraskevova S. A.
Features of the design project agreement
Permyakov M. V., Bannykh S. G., Sarapultseva A. V.
Crowdfunding: the concept, the experience of foreign countries and the problems of promotion in Russia. Development prospects
Samusenko A. D., Leonov M. R.
Mediation as a way to protect the rights and legitimate interests of entrepreneurs.
Smolina O. S.
Transactions with forest resources via digital platforms in the light of improvements of Civil Code of the Russian Federation and Forest Code of the Russian Federation
Startseva S. V.
Possible ways to improve the legislation on guardianship and guardianship in the Russian Federation
Stepanenko O. G., Cherdakova L. A.
Current issues of compensation for harm in judicial practice
Tokarev A. M.
On some problems related to legal regulation of findings in civil legislation
Trusov F. N.
On the issue of the system of management bodies of the law office
Yastremskiy I. A.
Legal features of the organization and conduct of plastic surgery in Russian plastic surgery clinics for foreign citizens living abroad
Stepanenko O. G., Stepanenko Yu. S.
On the issue of legal regulation of artificial intelligence
Buslenko E. O.
Compensation for moral damage in cases of protection of business reputation of entrepreneurs
Vinichenko Yu. V.
The digital form of civil circulation functioning
Visloguzov I. D.
Self-protection of copyrights to a work on the Internet, features and methods of implementation
Zakirov D. A.
The republican program «Bashkir longevity»: content and potential for development
Startseva S. V.
Problems of using maternity capital to improve housing conditions
Filyakov R. A.
Institute for the prevention of harm in Russian civil law
Yakimushkina M. A.
Transaction in Russian civil law. To the question of the concept
Yastremskiy I. A.
The grounds and procedure for granting a tax deduction to a patient of a plastic surgery clinic
Visloguzov I. D.
Non-fungible token in the system of the modern copyright law
CIVIL PROCESS
Vorontsova I. V., Khakimova G. I.
Problems of law enforcement of types of civil proceedings and some ways to solve them
Erina L. R.
Features of the institution of representation in civil proceedings
Larin V. R., Kareva T. Yu.
On the relationship between abuse of procedural rights in the Russian Federation and some European countries
Lapteva V. D., Elmurzaev A. V.
A claim in the civil procedure of the Russian Federation: problems of defining the concept of a claim
Orlova A. I.
Actual problems of evaluation of screenshots of electronic correspondence of the parties by commercial courts
Elmurzaev A. V., Kuskova I. V., Yurjeva V. Yu.
The role of enforcement proceedings in civil proceedings
Vorontsova I. V., Valitova D. I.
Modern technologies in civil proceedings
Lobov N. V., Elmurzaev A. V.
General characteristics of the persons involved in the case
JUDICIAL, NOTARIAL AND ADVOCACY ACTIVITIES
Abdulazizov A. M., Kazankova T. N.
Problems of applying mediation agreements in practice
ARBITRATION PROCESS
Khachirov A. V., Alaverdyan E.G.
Topical issues of representation in commercial litigation
LAND LAW
Butenko A. G., Kudryavtseva L. V.
Legal regulation of strategic planning in the field of agribusiness
Dereglazov A. A.
The genesis of legislative regulation of land surveying and land management in Russia
Korduban A. E., Ermolina M. A.
Legal mechanism for the use of land plots from energy industry lands
Perepechkina E. G., Losenkov O. I.
Tools for managing the land and property complex of the regions
FAMILY LAW
Krasnova T. V., Kuchinskaya L. A.
Protection of the interests of children in determining the shares in the ownership of housing acquired with the participation of maternal (family) capital
LABOUR LAW
Gudkova D. R., Dolgov D. S.
Problems of legal regulation of the work of medical workers
Kirillova L. S., Girfanova G. G.
Ensuring the right of an employee to protect his dignity during his working life
Linets A. A.
Legal aspects of the application of artificial intelligence technologies in the field of labor (part 3: issues of perception of justice)
Semyannikova D. A.
Problematic issues of maintaining the employment relationship between an employer and an employee with an established disability
Sokolova M. M., Matveev A. K., Fedorova A. V.
Comparative legal analysis of Russia and the Asia-Pacific countries in the field of labor relations
Strogovich Yu. N., Medvedeva I. N.
About long working days in institutions and bodies of the criminal executive system
FINANCIAL LAW
Medzhitov T. V.
Formation of the common market of audit services within the framework of the common financial market of the EAEU
Skobileva I. V., Makhonin D. D., Bavin D. E.
Analysis of tax offences: causes, consequences and ways to overcome
Trifonov G. D.
Practice of application of legislation on digital financial assets and digital currency in the Russian Federation: analysis of court decisions
TAX LAW
Garkavaya Yu. A.
Mandatory method of legal regulation in tax law
ECOLOGICAL LAW
Mokretsov Yu. V.
The legal basis for the use of artificial intelligence in the field of environmental protection: current trends and prospects
ENTREPRENEURIAL LAW
Artsytov N. A., Abramov K. D., Kot M. K.
Public administration reform in the field of state control (supervision): first results
Deltsova N. V.
Quest show as an object of legal protection
Kudelya N. Yu., Mozhenko N. S.
Illegal entrepreneurial activity
Skobileva I. V., Makhonin D. D.
On the application of the risk-based approach in the implementation of control and supervisory activities
Artsytov N. A., Abramov K. D., Kot M. K.
Reform of control and supervisory activities in Russia as a condition for stability of economic relations
CORPORATE LAW
Tkachenko A. A., Glinshikova T. V., Kuznetsova Ya. V.
The essence and legal nature of the corporate agreement
DIGITAL LAW
Dolgov D. S., Gudkova D. R.
Intellectual property created with the help of artificial intelligence: problems of legal protection
ENERGY LAW
Skryabin A. V.
Legal regulation of relations in the field of oil and gas production: identification of problematic aspects
CRIMINAL LAW
Alyshev S. S.
Criminal violence: current state and basic tendencies
Amirkhanyan V. G., Taranenko A. A., Gavrilin S. A.
Features of the activities of the district commissioner for the prevention of extremist crimes
Bairov A. S.
Heroin consumption estimates within a particular region (on the example of the Irkutsk region)
Baranova E. P.
The genesis of deviant behavior of convicted women serving sentences in prison
Gilmutdinova A. F.
The convergence method in the legal regulation of the process of identifying signs of tax crimes
Efremova O. S.
On some current crime trends in the Russian Federation
Zorina N. S., Tsarkova E. G.
Types of crimes and types of risks associated with the Internet environment Internet offenses: classification, risks and prevention measures
Kozarenko Yu. I., Tezikov D. A.
Narcotic plants and narcotic drugs as an object of crime
Makhaev M. A., Aliev A. M.
Genocide as a Crime under Russian Criminal Law
Meshcheryakova T. V., Khasnutdinov R. R.
On the issue of the main directions of countering violent crime in places of detention
Nabiullina V. R.
Administrative prejudice as a means of distinguishing offenses provided for in Article 207.1 of the Criminal Code of the Russian Federation and Part 9 of Article 13.15 of the Code of Administrative Offences of the Russian Federation
Novikova L. V., Suleymanov T. A.
Criminal legal assessment of the acts of a person occupying a higher position in the criminal hierarchy
Openchenko I. V., Gazizov T. I., Kovalev V. V.
Analysis of modern changes and additions to the Criminal Code of the Russian Federation
Pichugin S. A.
Criminal liability for an act provided for in Article 282.4 of the Criminal Code of the Russian Federation: regulation and enforcement issues
Povalyaev E. A.
The development of domestic legal norms providing for responsibility for murder. The occurrence of qualifying signs
Taranin M. A., Gilemkhanova A. G., Shcherbakov A. V., Shestakova N. N.
Features of the application of punishments not related to isolation in relation to minors
Tonaev T. M.
Criminal liability as a type of legal responsibility
Khamzyaeva Yu. R.
Criminal law counteraction to the financing of terrorist activities
Zharov K. A.
Prospects of criminal liability of legal entities in Russia for illegal destruction (damage) of forest plantations in the Russian Federation
Makhaev M. A., Aliev A. M.
Voluntary abandonment of criminal intent as an institute of Russian criminal law
CRIMINAL PROCESS
Adylin D. M., Belyakov A. V., Shishkina K. A.
On the legal improvement of article 86 of the Code of Criminal Procedure of the Russian Federation
Gerasenkov V. M.
Stage of initiating a criminal case: problematic aspects and areas for improvement
Dechkin O. M.
Features of preparation for interrogation of witnesses from among persons serving sentences in criminal cases of crimes against life and health in correctional institutions
Zelenskaya T. V., Litvintseva N. Yu.
On the issue of determining the fairness of the sentence
Luneva A. V., Pokotilova A. E.
Public prosecution and the principle of presumption of innocence: problems of compliance
Makogon I. V., Ignatova E. A.
The possibility of maintaining the procedural independence of the investigator in interaction with the head of the investigative body
Mallaeva Sh. A., Begova D. Ya.
Control over the operational and investigative activities of the internal affairs bodies
Marianov A. A., Musakaeva Z. Z., Ayubova S. I.
Features of the adversarial principle of the parties in criminal proceedings
Makarova V. V.
Prospects for the development of the institute of executive probation in the Russian Federation
Marfin A. Yu., Belyakov A. V.
On the concept of the validity of suspicion when choosing a preventive measure in the form of detention
Orlov V. V., Isaev R. A., Bityutskikh I. V.
Adversarial nature of the parties in pre-trial domestic criminal proceedings as a reflection of the principle of justice
Sokolov Yu. N.
Sign, figure, number, data and information: issues of interpretation
Tsarkova E. G.
Application of intelligent chatbots in the processes of professional training of employees of the penal and correctional system of the Russian Federation
CRIMINAL EXECUTIVE LAW
Asadov V. V., Bakhanaev A. A.
On the problem of monitoring the activities of criminal enforcement inspections
CRIMINALISTICS
Ardashev R. G., Shamurzaev T. T.
“Evidence of behavior” in the context of retrospective analysis
Dolgushina L. V.
Problematic issues of detecting and identifying handprints on various surfaces at the fire site
Akhmetgaleev V. R.
Criminalistic aspects of the application of preventive measures in the context of countering the process of investigating crimes
Vlezko D. A., Chermit Sh. A., Dzyubenko A. A.
About modern types of counteraction to investigation
Dolgushina L. V.
Appointment and conduct of an explosion technical examination when solving crimes related to the use of explosives and explosive devices
CRIMINOLOGY
Malaev A. Kh.
Features of the detection of juvenile delinquency
Pisarevskaya E. A.
Сrimes under Article 157 of the Criminal Code of the Russian Federation: criminal law and criminological problems
Rastoropov S. V.
Features of scientific and methodological support for the training of highly qualified personnel to combat cybercrimes in the field of digital economy and finance
Stupina S. A.
On the issue of fatal poisoning with prohibited substances through the prism of modern national security challenges
JUDICIARY
Lifintsev V. N.
Russian and foreign experience in introducing modern technologies into the judicial system of the XXI century
Snegur A. A., Stepanenko R. A.
Formation of an economic justice system in the territory of Kherson region
Lifintsev V. N.
The state and prospects of reducing the burden on judges
LAW ENFORCEMENT AGENCIES
Vityutnev E. E., Zinnatov R. R., Bludova I. N.
Combat fighting techniques: building combinations and tactics of their application in the practical activities of future employees of security units of persons subject to state protection
Gotskaya N. R.
The essence of documenting criminal activity by operational units of internal affairs bodies
Egoshin I. V., Kopylov I. A., Kuzmin S. S.
The development of psychological stability of students of the Ministry of Internal Affairs of Russia in fire training classes and prospects for the use of psychological techniques to overcome stress in practice
Litvina L. M., Galyautdinov R. R.
On the issue of ensuring public order and public safety during public events
Pavlov D. V., Yuzvak S. A., Shalamova A. Yu., Baykalov V. A.
The essence and features of professional training of future employees of the Ministry of Internal Affairs of Russia in modern conditions
Tonyshev A. V., Udodov A. G.
Features оf education of the culture of interethnic communication in the bodies of internal affairs
SECURITY AND LAW
Aramisov A. A.
Specifics of preventing extremism in higher educational institutions
Balabkin D. A., Abrosimov I. S., Gogoleva V. V.
The concept of terrorism and its theoretical foundations
Korsikova N. A., Asadov V. V.
Terrorism and extremism: social and legal foundations
Rudik M. V., Fakov A. M., Appazov S. S.
Motivation of extremist acts: conformity of form and content
Semenova K. A., Krauze S. V., Larionov V. N., Kosarev S. Yu.
Countering terrorism: historical, theoretical and legal analysis
Goncharov A. S., Krauze S. V., Larionov V. N., Kosarev S. Yu.
High voltage and low liability: problems of calculation of the penalty in the framework of consumer litigation with power supply companies
Isanbaeva D. A., Fedosov A. V., Mikheeva A. D., Shvind D. P., Sultangareeva E. I.
Legislative aspects of digitalization in the field of production safety
PEDAGOGY AND LAW
Voskoboev A. I., Khalilullin F. F., Gorlov V. V., Sharipova A. R.
Innovative technologies used in the process of training cadets and students of universities of the Ministry of Internal Affairs
Danielyan A. S.
Reflections on the use of artificial intelligence in teaching law students
Javadyan Yu. R.
The development of moral qualities of cadets while studying at the educational organization of the Ministry of Internal Affairs of Russia
Zaytseva E. V., Nelyubin R. V., Arkhipov E. V.
Possibilities, problems and technologies of testing on employment on fire preparation in the educational organizations of the Ministry of Internal Affairs of Russia
Isaev R. A., Vodolatskiy K. V., Davidova S. A.
Improving the practical shooting skills of police officers: the US experience
Zorina N. S., Sadykova R. A.
The essence of the psychological and pedagogical study of the personality of juvenile convicts
Karimova S. S., Latypova E. R., Filippov N. N.
The main aspects of the application of communication in the educational process
Molokova L. V.
Aspects of forming soft skills in the process of studying the discipline “basics of business communication” in a technical university
Nikolaev N. Yu., Konstantinov V. N., Kolbyshev P. R.
The effectiveness of binocular aiming for police officers, as well as the method of its development
Starostin V. G., Khrushchev A. V., Mustakimov R. M., Taranin M. A.
Features of the formation of professional competencies in universities of the Ministry of Internal Affairs of Russia
Shanko V. V., Semenov S. G., Starostin V. G., Zinchenko N. N.
Formation of universal competencies among cadets and students of universities of the Ministry of Internal Affairs of Russia
PSYCHOLOGY AND LAW
Almukhametova G. G., Yusupova O. A., Gorlov V. V., Merkazova V. A.
Development of psychological stability of police officers
Kosovskiy V. B., Malikov Sh. E., Kulakova A. A., Kortikov A. V.
Psychological barriers in communication between police officers and citizens
STATE AND LAW
Perepechkina E. G., Losenkov O. I.
Regional social policy: problems of formation and implementation in the Russian Federation
Filippova I. F., Bogdanova Yu. Z.
Legal aspects of youth participation in the work of public associations
POLICY AND LAW
Mirokiyants K. S., Izilyaeva L. O.
The role of regional media in the political and communication system of the Republic of Bashkortostan (on the example of the state TV and radio broadcasting company “Bashkortostan”)
HUMAN RIGHTS
Alexeev G. V.
Digital sovereignty and protection of human rights in international cyberspace
Revina S. N., Gorbunova A. A., Dvoryanchikov V. M.
A new generation of human rights and their protection in the digital space
RELIGION AND LAW
Nazmutdinov R.A.
Fatwa section on the magazine: fatwas of divorse in the 1908 issue
ECONOMY. LAW. SOCIETY
Volov M. A., Gergova Z. H., Bolotoka B. V., Kalabekova L. I.
Features of the implementation of the green economy concept in Asian countries and the countries of the Middle East
Efimova G. M., Bakieva G. R.
Employment in the global energy sector
Kokurin D. I., Novakova S. Yu.
Analysis of the possibilities of ensuring innovation-oriented economic growth in the Russian Federation on the basis of existing fixed assets
Nutsalova M. A., Sayapin A. V.
On the issue of strategic priorities of regional management
Seryozhkin A. A., Rudneva Yu. R.
Digital solutions for the oil and gas fields procurement in the Far North
Taran A. N., Mudarisov R. R., Taran K. A.
Prospects for the development of economic entities of Russia in the context of maintaining the anti-Russian sanctions policy and retaliatory economic measures of the Russian Federation
Biglova A. A.
Trends in interregional economic interaction in the Republic of Bashkortostan
Solovjeva I. A.
Phases and conditions of formation of the commercial sector in the cultural sphere
Tolikova E. E., Kolmakov A. N., Sobko A. A., Glinkina E. M.
Critical analysis of techniques for the use of digital twins and machine learning in order to optimize production processes
Chumlyakov K. S., Ignatyuk Yu. L.
Identification of transport infrastructure links by level of adaptability to internationalization
Wang Yiping, Ravochkin N.N.
Innovations in human resource management of enterprises in the context of digitalization
PHILOSOPHY. LAW. SOCIETY
Bredikhin A. V., Zakopyrin V. N., Lustin Yu. M.
Towards the definition of the concept of “regional community” in the context of modern socio-cultural transformations
Zubkov S. A., Shakhova K. O.
Ecophilic philosophy and aesthetics of Indian design – Vastu
Gofman A. A., Timoschuk A. S.
GO-logic in the strategy of the world Win-Win
Itkulova L. A., Valiullina Z. R., Khayrullin R. N., Khasanova L. R.
Metaphysical foundations of the ecological crisis: transcendental-ethical aspect
ZaytsevN.N.,GavrilenkoM.V.,LevchenkoD.V.
The collapse of liberal democracy
ZubkovS.A.,TyurinaA.Yu.
Zoolatry and phytolatry of Taoism as components of ecophilic philosophy
SobkoR.V.SpirinV.K.,TretyakovI.S.
Is female priesthood believable in Russian traditional culture: reflections on the philosophical intuition
of religious cult Frolova S. R
StepanenkoYu.S.
Historical and cultural “Eastern” alternative civilizational development of Russia
Khokhlova O. M.
Culture of consent: problems of implementation and development prospects
Vildanova M. U.
Understanding human nature in western and eastern philosophy
Sidorov D. N.
The connection between the information activity of the brain and high creative productivity: perspectives and research
Khismatullina G. G.
Solidarity as a criterion for moral progress of modern society
Samedov A. G.
Virtual reality of Parmenides
Abdullin A.F.,Abdulov A.E.,Latypova E. R.
The global situation of social interaction in modern realities
PERSONA GRATA
B. K. Azanov:
Features of investment cooperation in the Eurasian Economic Union
Interview with Berik Quralbayuly Azanov, Ph.D. in economical sciences, master of science in jurisprudence, with the President of the Eurasian Institute of Legal Research and Economic Development.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and International law sub-faculty of the Dagestan State University, Makhachkala
LABAZANOV Magomed Tagirovich
magister student of the 2nd course of Constitutional and International law sub-faculty of the Dagestan State University, Makhachkala
ON THE ISSUE OF THE FUNCTIONING OF INTERNATIONAL ORGANI ZATIONS
The article touches upon the problem of the functioning of international intergovernmental organizations as derivative subjects of international law. A definition of international organizations is given, the functional nature and criteria of their international legal personality are emphasized. The authors explore the principles and various reasons on which the classification of international organizations is carried out. Particular attention is paid to the study of the system of functions of international organizations, citing the opinions of prominent scientists. A conclusion is drawn about the special status of such subjects of international law, which gives them the opportunity to effectively realize their international legal personality and competence.
Keywords: international organizations, subjects, international law, legal personality, functions.
Article bibliography
1. International law in legal systems in a broad sense: lectures. – Moscow, 2017. [Electronic resource]. – Access mode: https://mybiblioteka.su/tom2/8-6446.html (date of access: 09.04. 2024).
2. Lukichev D. A. Legal personality of international organizations: topical issues. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravosubektnost-mezhdunarodnyh-organizatsiy-aktualnye-voprosy (date of access: 22.04.2024).
3. Tumanov S. N. International intergovernmental organizations: concept and functional characteristics // Questions of Russian and international law. – 2016. – Vol. 6. No. 11. – Pp. 3-16.
4. Velyaminov G. M. International law: experiences. – Moscow: Statut, 2015. – 1006 p.
5. Morawiecki W. Functions of an international organization. – Moscow: Progress, 1976. – 384 p.
6. Gotsev L. International organizations. – Sofia, 1987. – 126 p.
7. Muravyov V. I. International organizations – specific subjects of international law. – Kyiv: Publishing house of the UMK VO under the Ministry of Higher Education of the Ukrainian SSR, 1990. – 195 p. [Electronic resource]. – Access mode: http: www. lawlibrary.ru/izdanie12932.html(date of access: 12.04.2024).
8. Morozov G. I. International organizations. Some theoretical issues. – Moscow: Mysl, 1974. – 332 p. [Electronic resource]. – Access mode: http: www. lawlibrary.ru/izdanie12932.html (date of access: 04/19/2024).
9. Tumanov S.N. Ibid.
INTERNATIONAL LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of State and municipal management sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
MNATSAKANOV Andrey Eduardovich
Lawyer of Mosizhining LLC, Kaliningrad
ON THE ISSUE OF THE PECULIARITIES OF INTERNATIONAL CRIMINAL LAW
The article examines the issues of the formation and development of international criminal law as an independent branch of law, analyzes the subject and method of legal regulation, as well as the codification of international criminal law. The analysis of the features of international criminal law is presented, on the basis of which the authors conclude that this branch of public law is independent and its complex nature. The relevance of the application of the norms of international criminal law at the present stage in the context of global threats and the search for ways to correlate it with national criminal law is substantiated.
Keywords: public international law, international criminal law, nationalcriminal law, norms.
Article bibliography
1. Alekseev S. S. Law. – M., 1999. – P. 44-45.
2. Rozencvain A. I. International criminal law: a textbook for students in the main educational program of higher education in the direction of training 40.04.01. – Samara. – P. 8.
3. Innogamova-Khegay L. V. International criminal law. – St. Petersburg: Legal Center Press, 2003. – P. 29.
4. Kuznetsov A. P. International criminal law: concept, features, system // Journal of Applied Research. – 2022. – No. 12. – P. 198.
5. Obroskov A. International liability of individuals. [Electronic resource]. – Access mode: https://proza.ru/2014/01/22/228.
6. Erokhin D. V. Codification of international criminal law: political and legal analysis // Siberian Legal Review: Law. – 2021. – Vol. 18. No. 2. – P. 152.
7. Principles of international law recognized by the Charter of the Nuremberg Tribunal and expressed in the decision of this Tribunal (Adopted in 1950 at the second session of the UN International Law Commission). Public international law: collection of documents. – M.: BEK, 1996. – Vol. 2. – P. 101-102.
8. Sokolov S. A. International criminal law as a complex (polyvalent) and integrative branch of law and science of international law // Bulletin of the VGAVT. – 2017. – Issue 51. – P. 216.
9. Zimin V. V. Conclusion and implementation of international treaties on combating individual crimes as one of the main areas of interstate anti-criminal cooperation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 5. – P. 157.
INTERNATIONAL LAW
KLIMOV Alexander Pavlovich
magister student of the Faculty of Law of the M. V. Lomonosov Moscow State University
UNDERSTANDING THE PRINCIPLE OF T RANSPARENCY IN INTERNATIONAL TRADE LAW
This scientific article contains a theoretical analysis of the principle of transparency in international trade law. The author notes that at the moment there is no clear understanding of the principle of transparency in the science of international trade law. The article characterizes the category of “transparency”, examines the relationship of this category with the category of “principle of transparency”, and also defines the principle of transparency based on the synthesis of such categories as “principle of international law” and “transparency”.
Keywords: the principle of transparency, international trade law, the principle of international law, transparency.
Article bibliography
1. ner Carl-Sebastian. Transparency: An Analysis of an Transparency: An Analysis of an Evolving Fundamental Principle in International Economic Law // Michigan Journal of International Law. – Vol. 27. – Iss. 2. 2006. – Pp. 579-628. – [Electronic resource]. – Access mode: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1190&context=mjil – (date of access: 18.03.2024).
2. Bernal Turnes Paloma and Ricardo Ernst. A framework for transparency in international trade // Investigaciones Europeas de Dirección y Economía de la Empresa. – Vol. 21, Iss. 1. – January-April 2015. – Pp. 1-8. – [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/pii/S1135252314000057#bbib0175 (date of access: 07.03.2024).
3. Finel Bernard and Kristin M. Lord. The Surprising Logic of Transparency // International Studies Quarterly. – Vol. 43. No. 2. Jun. – 1999. – Pp. 315-339. – [Electronic resource]. – Access mode: https://transparencylab.org/Documentation/Additional%20resources/Literature/Finel%20et%20al_The%20Surprising%20Logic%20of%20Transparency%20_1999.pdf (accessed: 15.03.2024).
4. Mock William B.T. On the Centrality of Information Law: A Rational Choice Discussion of Information Law and Transparency, 17 J. Marshall J. Computer & Info. – L. 1999. – Pp. 1069-1100. – [Electronic resource]. – Access mode: https://deliverypdf.ssrn.com/delivery.php?ID=0030891260060080991080920071031100760410050460530510610710961250040250730270740700091240230570171260 29014124067067 026000024089058039007032031083020031005090011077083022098088100076096123086108081087107102099085122111093123079031113084031117092106&EXT=pdf&INDEX=TRUE (date of access: 15.03.2024).
5. International law. General part. Textbook for students of law faculties and universities / Ed. Lukashuk I. I. – 3rd ed. – 2005.
6. International Law = Völkerrecht / Wolfgang Graf Witzthum [et al.]; trans. from German, 2nd ed. / [V. Bergmann, compiled]. – M .: Infotropic Media, 2015. – 1072 p. – (German Legal Literature: A Modern Approach: Series; Book 2).
7. Mavroidis Petros and Robert Wolfe. From Sunshine to a Common Agent. The Evolving Understanding of Transparency in the WTO. Robert Schuman Centre for Advanced Studies Research Paper. No. RSCAS PP 2015/01. Columbia Public Law Research Paper. – No. 14-461. – 2015. – Рp. 117-129. – [Electronic resource]. – Access mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2569178 (date of access: 15.03.2024).
8. Romashev Yu. S. and Postnikova E. V. Principles in International Law. Law. Journal of the Higher School of Economics. – 2023. – Vol. 16. No. 3. – P. 192-220. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/printsipy-v-mezhdunarodnom-prave/viewer (date accessed: 15.03.2024).
9. Baranova M. A. Ensuring transparency of international regulation of trade in goods and services within the framework of the GATT/WTO agreements // Trade policy. Trade policy. Trade policy. – 2017. – No. 1/9. ISSN 2499-9415. – 2017. – P. 9-22. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obespechenie-prozrachnosti-mezhdunarodnogo-regulirovaniya-torgovli-tovarami-i-uslugami-v-ramkah-soglasheniy-gatt-vto/viewer (date of access: 15.03.2024).
INTERNATIONAL LAW
KINYABAEVA Gulnazira Airatovna
Ph.D. in historical sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa university of Science and Technology
SOME ASPECTS OF LEGAL REGULATION OF TRADE, ECONOMIC AND INVESTMENT COOPERATION BETWEEN RUSSIA AND TAJIKISTAN AT THE PRESENT STAGE
The Russian Federation and the Republic of Tajikistan have a long history of cooperation and strive to further develop economic relations. Today, it is important to study and identify the prospects for the development of economic cooperation between these two states, including in the field of investment and trade cooperation. International law, being the basis for regulating economic cooperation between States, defines the rules and principles that must be observed in the process of conducting trade and economic transactions. Currently, Russia and Tajikistan are parties to many international treaties and agreements that regulate their trade and economic relations and investment cooperation. In addition, there is a need to consider the internal legislative acts of both states that form the legal basis for mutually beneficial cooperation in this area.
Keywords: investments, trade cooperation, law, Russia, Tajikistan, international relations.
Article bibliography
1. Ignatov A. V. Russian-Tajik relations: political and legal review // Bulletin of the University. – 2015. – No. 4 (51). – P. 57-65.
2. Maitdinova G. M., Sharopov O. M. Tajik-Russian relations in the context of statehood formation (1991-2010) // Post-Soviet studies. – 2022. – No. 1 (5). – P. 18-29.
3. Khamidov N. International legal regulation of economic cooperation between Tajikistan and Russia at the present stage // Bulletin of the Academy of Sciences of the Republic of Tajikistan. Department of Social Sciences. – 2020. – No. 3 (260). – P. 83-91.
4. Khamidov N. International legal regulation of economic cooperation between Tajikistan and Russia at the present stage // Bulletin of the Academy of Sciences of the Republic of Tajikistan. Department of Social Sciences. – 2020. – No. 3 (260). – P. 83-91. – EDN PTQJFO.
5. Aliyeva R. Economic cooperation as a factor in strengthening Tajik-Russian relations / R. Aliyeva // Bulletin of the Pedagogical University. – 2019. – No. 2 (79). – P. 291-295. – EDN WDGYTH.
6. Kinyabaeva G. A. Legal basis for scientific and technical cooperation between the Republic of Bashkortostan and the Republic of Belarus // Legal basis for political and socio-economic integration of the Union State of the Russian Federation and the Republic of Belarus: Proceedings of the International Scientific and Practical Conference, Ufa, June 26-27, 2023. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 125-135.
INTERNATIONAL LAW
MINIGULOVA Ilmira Rafisovna
Ph.D. in philosophical sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
DIPLOMACY AND DIPLOMATIC LAW IN THE CONDITIONS OF DIGITIZATION
The world community is in a stage of profound changes associated with progress in the field of science and technology, in particular, with the emergence of conditions for the implementation of the fourth industrial revolution. The changes affected the system of international relations and international law. Research in the field of digital international relations, digital economy and digital law has become relevant. Considering the interdependence of international law and international relations, hypotheses about deepening knowledge in the field of digital diplomacy and digital diplomatic law are of scientific value.
Keywords: international law, law of external relations, diplomatic law, international relations, digital international relations, digital diplomacy, artificial intelligence.
Article bibliography
1. Popov V. I. Modern diplomacy: theory and practice. – M.: International relations, 2023. – P. 16.
2. History of diplomacy. In 3 volumes. T. 1. / Ed. Potemkin V. P. – M.: OGIZ State Socio-Economic Publishing House, 1941. – P. 16.
3. Digital international relations / Ed. Zinovieva E. S., Shitkova S. V. – M .: Publishing house “Aspect Press”, 2023. – In 2 volumes. Vol. 1. – 354 p.
4. Digital law // DIGITAL LAW JOURNAL. – 2023. – Vol. 4. No. 2. – P. 6.
5. Zonova T. V. Digital diplomacy in the diplomatic and consular service // Law and management. XXI century. – 2015. – No. 3 (36). – P. 178.
6. Zaemsky V. F., Karpovich O. G. Digital diplomacy – diplomacy of the future // Diplomatic service. – 2021. – No. 3. – P. 266.
7. Minigulova I. R. Ethical and legal problems of artificial intelligence / All-Russian scientific conference “Information technologies for intelligent decision-making support”, Ufa-Stavropol, Russia, 2018. – Vol. 1. – P. 299.
8. Zonova T. V. Digital diplomacy in the diplomatic and consular service // Law and management. XXI century. – 2015. – No. 3 (36). – P. 177.
9. Picture of the emerging world: basic features and trends / Report edited by Yakovenko A. V. – M .: Diplomatic Academy of the Ministry of Foreign Affairs of Russia, 2024. – P. 33.
10. International law / Ed. Gasanova K. K and others – M.: UNITY-DANA: Law and Law, 2010. – P. 6.
11. Decree. op. – P. 15.
12. Ibid. – P. 144.
13. Ibid. – P. 145.
14. Iskevich I. S., Podolsky A. V. Diplomatic and consular law. – Tambov: Publishing House of the Federal State Budgetary Educational Institution of Higher Professional Education “TSTU”, 2014. – P. 10.
15. Meshcherikova V. A., Pavelyeva E. A., Paityan R. Kh. et al. Diplomatic and consular law: a textbook. – M.: Prospekt, 2023. – P. 12.
16. Eileen Denza. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. – United Kingdom: Oxford University Press, 2016. [Electronic resource]. – Access mode: https://www.google.ru/books/edition/Diplomatic_Law/n1U0CwAAQBAJ?hl=ru&gbpv=1&dq=Eileen+Denza&printsec=frontcover (date of access: 04/26/2024).
INTERNATIONAL LAW
NGATHEYO Akony Chany Pavel
senior lecturer of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
PASENOV Alexandros Nikolaevich
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
PROTECTING CHILDREN’S RIGHTS IN AFRICA: ANALYSIS OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD
This article examines the normative framework of the African Charter on the Rights and Welfare of the Child, which is considered as the first regional legal instrument for the protection of children’s rights on the African continent. The article begins with a brief historical background. It also highlights its unique strengths and weaknesses within the broader African human rights context. Finally, in the last section, the author examines the functions of the African Committee of Experts on the Rights and Welfare of the Child.
Keywords: Children’s rights, African Charter on the Rights and Welfare of the Child, African realities, African culture, African Women’s Protocol, African Charter, human rights.
Article bibliography
1. Federal Law of December 29, 2022 No. 634-FZ “On Amendments to Article 125 of the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_436217/ (date of access: 04/28/2024).
2. Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202311220013 (date of access: 04/28/2024).
3. F Viljoen ‘Supra-national human rights instruments for the protection of children in Africa: The Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child’ (1998) 31 Comparative and International Law Journal of Southern Africa 199.
4. African Charter on the Rights and Welfare of the Child, 1990. – [Electronic resource]. – Access mode: https://www.acerwc.africa/fr/node/356 (accessed: 28.04.2024).
5. List of countries that have signed, ratified or acceded to the African Charter on the Rights and Welfare of the Child. – [Electronic resource]. – Access mode: https://www.acerwc.africa/fr/member-states/ratifications (date accessed: 24.04.2024).
6. Resolution of the Human Rights Council of 11 April 2017 // Doc. A/HRC/RES/34/17.
7. Resolution of the Human Rights Council of 20 March 2018 // Doc. A/HRC/37/L.40.
INTERNATIONAL LAW
PASENOV Alexandros Nikolaevich
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
NGATHEYO Akony Chany Pavel
senior lecturer of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS: INTERNATIONAL LEGAL STATUS
The article examines the international legal situation of the United Nations Peacekeeping Forces in Cyprus. The authors give a general description of the peacekeeping contingent, analyze the positions of the international community, the Russian Federation, and the Republic of Turkey regarding the international legal status of this formation. The authors note that the Republic of Cyprus and the Turkish Cypriot community still have different views on the situation of the UN Armed Forces in Cyprus, which, in turn, contributes to tension between the peacekeepers and the parties to the conflict.
Keywords: Republic of Cyprus, Greek Cypriots, Turkish Cypriots, United Nations, peacekeepers, Security Council.
Bibliographical list
1. Badtiev T.K. Legal status of the UN Armed Forces in Cyprus // Moscow Journal of International Law. – 1995. – No. 3. – P. 113-120.
2. Biktimirov B. T. The role of Great Britain in the creation of the UN peacekeeping forces in Cyprus // Scientific notes of Kazan State University. Series: Humanities. – 2008. – No. 7. – P. 233-241.
INTERNATIONAL LAW
WANG Zenan
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
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, Petropavlovsk-Kamchatsky
APPLICATION OF INTERNATIONAL LAW BY NATIONAL COURTS
The purpose of this article is to study and analyze the application of international law by national courts. The author seeks to identify the approaches of various countries to the interpretation and use of international rules of law within their national jurisdictions.
Methods: to achieve this goal, the author analyzed court decisions of various countries, examining cases where national courts applied international law.
Results: within the framework of the study, various approaches of national courts to the application of international law were identified. It has been shown that the transnational application of international law is an important tool for ensuring justice and protecting the rights and freedoms of citizens.
Conclusions: the study allowed us to conclude that the application of international law by national courts is essential for the development of the legal world and ensuring international stability.
Keywords: international law, national courts, international treaties, international law.
Article bibliography
1. Ampleeva E. E., Firsov V. V. Practice of the European Court of Human Rights in considering cases against the Russian Federation: textbook. manual. – St. Petersburg, 2021. – 80 p.
2. Zimnenko B. L. International law and Russian law: their relationship // Moscow Journal of International Law. – 2019. – No. 3 (39). – P. 162-168.
3. Kashirkina A. A. Implementation of international legal principles and norms in national legislation // International law and national legislation. – Moscow: Eksmo, 2019. – P. 92-111.
4. Tiunov O. I. The principle of good faith observance of international obligations // International law and national legislation. – M.: Eksmo, 2020. – P. 208-22.
INTERNATIONAL LAW
GASANOV Togrul Rakhmanovich
postgraduate student of Constitutional and international law sub-faculty of the V. N. Tatishchev Astrakhan State University
GASANOV Farid Murshudovich
postgraduate student of Constitutional and international law sub-faculty of the V. N. Tatishchev Astrakhan State University
THE CONCEPT OF «INTERNATIONAL TRANSPORT LAW»
The scientific article emphasizes that international transport law as a phenomenon has a centuries-old history. The beginnings of this institution can be found in ancient times, later it was developed in such states as, for example, Egypt, India, China, etc. It is emphasized that already in Kievan Rus, interstate agreements with Byzantium were in force, as a result of which several treaties were concluded between countries in the 10th century. It is indicated that the term «transport law» itself began to be used only at the end of the 19th century. Currently, a number of international legal acts have been adopted regulating interstate transport communication (however, they do not contain the definition of «international transport law»). Based on their legal norms, it can be stated that it should be understood as transport communication between, as a rule, two states. Taking into account also the analysis of some doctrinal points of view, the author’s interpretation of the wording «international private law» is proposed.
Keywords: international law, international transport law, transport, international acts, interstate transport communication.
Article bibliography
1. Aseev S. V. Some issues of international transport law // Bulletin of the Volga State Academy of Water Transport. – 2008. – No. 24. – P. 71-74.
2. Berdigylydzhov M., Durdyeva D. International economic law // Symbol of science: international scientific journal. – 2023. – No. 4-2. – P. 95-97.
3. Byalt V. S. Legal technique: educational visual aid. – St. Petersburg: Publishing house “LEMA”, 2017. – 99 p.
4. Dukhno N. A., Koryakin V. M. Some methodological approaches to the development of the concept of international transport law of the Russian Federation // Transport law and security. – 2017. – No. 5 (17). – P. 7-14.
5. Kuzmin V. N. The role and place of transport law in the system of Russian law // Transport law and security. – 2016. – No. 7 (7). – P. 16-20.
6. Mishalchenko Yu. V., Semenov D. V. International transport law and international integration: a textbook. – St. Petersburg: St. Petersburg Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia), 2018. – 121 p.
7. Transport law. General part: textbook / Responsible. editors N. A. Dukhno, A. I. Zemlin. ― Moscow: Law Institute of MIIT, 2017. ― 259 p.
INTERNATIONAL LAW
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
student of the Far Eastern Federal University, Vladivostok
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
THE IMPACT OF US MIGRATION POLICY ON RELATIONS WITH LATIN AMERICA: POLITICAL AND LEGAL ASPECTS
This article examines the historical and modern aspects of the migration policy of the United States of America and its impact on political and social relations with Latin America. The evolution of the US migration policy is studied, its key changes and consequences for bilateral and multilateral relations are analyzed. Particular attention is paid to the political reactions of Latin American countries to US migration measures and diplomatic efforts to resolve migration issues. Based on the analysis of successful cases and best practices, recommendations are offered to improve U.S. migration policy, including strengthening the legal protection of migrants, creating legal routes for migration and investing in integration programs. The prospects for the development of migration relations between the United States and Latin America are considered in the context of international cooperation and sustainable development.
Keywords: U.S. migration policy, Latin America, bilateral relations, international cooperation, migrant rights, legal migration, integration programs, sustainable development.
Article bibliography
1. Vertkin A. G., Sidorova N. I. USA and Latin America: political and economic relations // Latin America. – 2019. – No. 4. – P. 34-44.
2. Trush S. V. US migration policy and its impact on relations with Mexico // Bulletin of MGIMO-University. – 2017. – No. 6 (57). – P. 45-53.
3. Gromiko A. A. The impact of US migration policy on international relations in the 21st century // World Economy and International Relations. – 2020. – No. 3. – P. 22-31.
4. Massey D. S., Durand J. & Malone N. J. Beyond Smoke and Mirrors: Mexican Immigration in an Era of Economic Integration. – New York: Russell Sage Foundation, 2003. – 208 p.
5. Hanson G. H. The Economic Logic of Illegal Immigration. – New York: Council on Foreign Relations, 2007. – 83 p.
INTERNATIONAL LAW
HA Thi Hanh
lecturer of Public International Law, Faculty of International Law of the Ho Chi Minh City University of Law
TRAN Quang Huy
magister student of the University of the West of England
VIETNAM’S SITUATION OF EXTENDED CONTINENTAL SHELF DELIENATION – LOOKING FOR RESOLUTIONS FROM INTERNATIONAL EXPERIENCE
Delineation of the extended continental shelf limit is a crucial activity for the utilization of natural resources of coastal states, including Vietnam. However, Vietnam still cannot execute our sovereign rights and judicial jurisdiction on our extended continental shelf because of the objections by the Philippines and China. This article will analyze the practice of Vietnam in delineation of extended continental shelf limits and provide some proposals.
Keywords: Extended Continental Shelf, Delineation of Extended Continental Shelf Limit, Law of Sea .
Reference
1. Diplomatic Note no: CML/14/2019 of China, 12/12/2019.
2. Diplomatic Note no: 249/HC-2009 of Vietnam in replying to Diplomatic no 818 and 819 of the Philippines on 18/8/2009.
3. Diplomatic Note no: 818 of the Philippines to the United Nations on 04/8/2009.
4. Diplomatic Note no: 819 of the Philippines to the United Nations on 04/8/2009.
5. Diplomatic Note no: CML/17/2009 of China, 07/5/2009.
6. Judgment dated 12/10/2021 of International Court of Justice on the sea delimitation between Somalia and Kenya.
7. Judgment dated 14/3/2012 of International Court for the Law of the Sea on Bangladesh v. Myanmar, para 382.
8. Judgment dated 14/3/2012 of International Court for the Law of the Sea on Bangladesh v. Myanmar, para 455.
9. Judgment dated 8/10/2007 of the ICJ on the Nicaragua v. Honduras.
10. Judgment of the Permanent Court of Arbitration on the Barbados v. Trinidad & Tobago.
11. United Nation Convention on the Law of the Sea 1982.
12. Ha Thi Hanh, Tran Quang Huy (2023), “Delimitation of extended continental shelf – International practice and some recommendation for Vietnam ” [Xác định ranh giới thềm lục địa mở rộng – nhìn từ thực tiễn quốc tế và một số đề xuất cho Việt Nam], submitted paper under the conference: “40 years of UNCLOS and 10 years of Vietnam’s law of the Sea 2012” , Ho Chi Minh University of Law.
13. Hoàng Việt (2020), “Vietnam send their objectionable diplomatic note to China in the United Nation” [Việt Nam gửi Công hàm phản đối Trung Quốc tại Liên hợp quốc] // Legislative review. 08.
14. Louise de La Fayette. The Award in the Canada – France Maritime Boundary Arbitration // The International Journal of Marine and Coastal Law. 1993. Vol 8. No 1.
15. Nguyễn Bá Diễn (2008), “Joint exploitation areas in modern international law” [Các vùng khai thác chung trong Luật Quốc tế hiện đại] // Economic – Law Journal. 24.
16. Nguyễn Hồng Thao. The legal fight on the extended continental shelf in the East Sea [Cuộc chiến pháp lý về thềm lục địa mở rộng ở biển Đông] // Ha Noi Law Review. 2020. No. 5. P. 31-45.
17. Trần Hữu Duy Minh (2020), “The process for delineation of extended continental shelf by Vietnam: Challenges and solutions from a legal approach” [Thủ tục xác lập ranh giới ngoài thềm lục địa mở rộng của Việt Nam: Trở ngại và giải pháp từ góc độ pháp lý quốc tế] // Vietnamese Journal of Legal Science. 03.
INTERNATIONAL PUBLIC LAW
NGUYEN Son Ha
Ph.D. in Law of Civil law sub-faculty of the Institute of Law of the Hue University
MAI Xuan Hoi
Ph.D. in Law of Economic law sub-faculty of the Institute of Law of the Hue University
MODEL OF A TRADE REMEDY INVESTIGATION AGENCY OF SOME EMERGING ECONOMIES – SUGGESTIONS FOR VIETNAM
The article discusses the results of a study of Vietnam’s trade protection investigation agency model, conducted after more than 5 years of its existence. It is noted that this model has identified a number of shortcomings that reduce the effectiveness of case investigations in practice. At the same time, in emerging economies such as Thailand and China, trade defense investigation activities are showing very positive results. Based on an analysis of these countries’ investigative agency models, the article offers a number of recommendations for improving Vietnam’s trade defense investigation agency model in the context of modern international economic integration.
Keywords: model, agency, Vietnam, trade protection, trade remedies investigation.
Article bibliography
1. Bui Van Nam. The US is considering lifting tariffs on Chinese goods: will it end soon? trade war? // Law and Development. 2022. No. 2. P. 16-25.
2. Luu Hien Thao. Research of Australian rules and practice of anti-dumping/anti-subsidy investigations on tax evasion // Jurisprudence. 2019. No. 1. P. 52-59.
3. Mai Xuan Hoi. Some models of competition management agencies in the world – The experience of Vietnam // Legal sciences. 2022. No. 01. P. 80-91.
4. Nguyen Khanh Ngoc. Some experiences of China in the process of improving legislation to meet WTO requirements // Social Sciences of Vietnam. 2016. No. 5. P. 66-75.
5. Nguyen Thu Chang. Research on US rules for investigating damages in anti-dumping cases // Vietnamese legal science. 2020. No. 8. P. 106-115.
6. Nguyen Phuong Hoa. Promoting Early Warning and Preventing Trade Remedies Evasion // Law and Practice. 2022. No. 6. P. 36-42 .
7. Nguyen Hong Hanh. Research on New Developments in Trade Defense Investigation Rules and Practices in Thailand // State and Law. 2021. No. 2. P. 92-98.
8. Phung Gia Duc. Improve legislation for the active application of trade measures to imported goods // Law and Development. 2019. No. 7. P. 40-46.
9. Chan Van Tho. Industrialization in the Asia-Pacific era // Society. 2018. No. 9. P. 106-123.
10. Tran Thi Lien Huong. Economic Growth and Social Security in Thailand – Lessons Learned for Vietnam // State Organization. 2020. No. 8. P. 50-58 .
INTERNATIONAL PRIVATE LAW
SARAFANOVA Polina Leonidovna
logistics of the Darby Co. Ltd, St. Petersburg
RUSSIAN-CHINESE TRADE COOPERATION UNDER SANCTIONS PRESSURE: DEVELOPMENT PROSPECTS
Russian-Chinese trade cooperation in 2023 has reached unprecedented historical levels of cooperation and depth, and it is the maintenance of the growth rate of foreign economic relations with China that is the guarantor and key to the stable development of the national economy. Therefore, scientific analysis of the prospects for the development of cooperation is important for the formation of long-term strategies for interaction. The object of the study is the international economy. The subject of the study is Russian-Chinese trade cooperation. The purpose of the study is to present a reasonable forecast about the prospects for its development, based on a heuristic analysis of the historical and current state of Russian-Chinese trade cooperation. It is concluded that China is interested in economic cooperation with a reliable partner, the reliability of which is determined by the mutual historical experience of cooperation between countries. In the eyes of the Chinese leadership, it is President V.V. Putin who is still the guarantor of the Chinese-Russian partnership, so any political upheavals within China’s closest geopolitical partner could negatively affect the relationship between the countries. Hence, it becomes important to continue the course taken towards national sovereignty and maintain the existing political course in Russian foreign policy.
Keywords: export, import, foreign economic activity, direct investment , trade cooperation.
Article bibliographic list
1. Maglinova T. G. Development of Russian-Chinese relations on the example of the Far East / T. G. Maglinova // Notes scientist. – 2021. – No. 8. – P. 376-379. – EDN SVWFOQ.
2. Cadier D. The geopoliticisation of the EU’s Eastern Partnership //The European Union and Its Eastern Neighbourhood. – Routledge, 2021. – P. 77-99.
3. Lardy N. R. , Subramanian A. Sustaining China’s economic growth after the global financial crisis. – Peterson Institute, 2011.
4. Gallagher K. S., Qi Q. Chinese overseas investment policy: Implications for climate change // Global Policy. – 2021. – T. 12. No. 3. – P. 260-272.
5. Qu S. Research of the current situation and problems of cooperation between Northeast China and the Russian Far East against the background of the “strategy of turning to the East” // Discussion. – 2024. – No. 1 (122). – P. 47-52. – DOI 10.46320/2077-7639-2024-1-122-47-52. – EDN ASGQGV.
EUROPEAN LAW
CHUMYCHKIN Alexander Anatoljevich
competitor of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
REFORM OF THE CONTROL MECHANISM IN THE AREAS OF EXTRACTION AND CONSERVATION OF MARINE BIOLOGICAL RESOURCES IN THE EUROPEAN UNION: LEGAL ASPECT
This article is an analysis of Regulation (EC) No 2023/2842 of the European Parliament and of the Council of 22 November 2023, which introduces comprehensive changes to the European Union control system for fishing activities and the subsequent sale of its products. The article substantiates the relevance of changes in the legal regulation of this area within the framework of the EU Common Fisheries Policy. The author analyzed the goals, structure and key provisions of the specified Regulations, and outlined the main directions of the proposed reform of the control system. During the analysis, the author paid special attention to his novelties. The conclusion is made regarding changes in the legal regulation in the system of control over the extraction and conservation of marine biological resources, as well as the subsequent sale of fishing products (including their transportation, processing), after the entry into force of the Regulations , which is based on the statement of expansion and strengthening said controls, supported by the introduction of new technologies and the application of uniform control provisions to fisheries and aquaculture products originating both within the EU and outside it.
Keywords:European Union, legal regulation, Common Fisheries Policy, control system; fishing products, marine biological resources, fishing.
Article bibliography
1. Bekyashev D.K., Bekyashev K.A. International legal issues of combating illegal fishing. Monograph. – M.: Prospect Publishing House, 2015. – 497 p.
2. Bekyashev D.K., Smolnikova N.A., Laeva A.O. Legal aspects of cooperation between the European Union and third countries in the field of fisheries // ADVANCES IN LAW STUDIES. – 2021. – No. 9 (2). – P. 36-40.
3. Bocharova E. V. The main stages of the development of the common fisheries policy of the European Union // Modern law . – 2014. – No. 5. – P. 136-144.
4. Gutsulyak V. N. International Maritime Law: (public and private). – M.: Phoenix, 2006. – 410 p.
5. Kashkin S. Yu., Chetverikov A. O. European Union: Fundamental Acts as amended by the Lisbon Treaty with comments [Electronic resource]. – Access from the reference and legal system “Consultant Plus”.
6. Berg A . Implementing and Enforcing European Fisheries Law: The Implementation and Enforcement of the Common Fisheries Policy in the Netherlands and in the United Kingdom. – Martinus Nijhoff Publishers, 1999. – 334 p.
7. Churchill R., Owen D . The EC Common Fisheries Policy. – Oxford: Oxford University Press, 2010. – 640 p.
8. Symmons C. R. Selected Contemporary Issues in the Law of the Sea. – Martinus Nijhoff Publishers, 2011. – 360 p.
THEORY OF STATE AND LAW
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, associate professor of Justice sub-faculty of the Penza State University
ANALYSIS OF LEGALLY SIGNIFICANT CONSEQUENCES IN LEGAL RELATIONS
In the context of progressive development of legislation and society today, it is undoubtedly necessary to analyze legally significant consequences both from the point of view of available scientific theoretical-oriented research, and, for example, relevant judicial practice, which allows to illustrate the importance of studying legal consequences for the development of national legislation of the Russian Federation. The article analyzes the peculiarities of the emergence and development of legally significant consequences, in cases not related to a thorough and in-depth analysis of forecasting changes in the situation by subjects of legal relations. The differentiated component of the emergence and change of legal consequences for subjects of legal relations is considered, and a possible classification of legally significant consequences in legal relations is presented.
Keywords: legal relations, lawful actions, hostile actions, legally significant consequences, the will of the subject, legal fact, judicial practice.
Article bibliographic list
1. Volkova V. R. Legal consequences: essence and implementation // Law and law. – 2023. – No. 11. – P. 20-22. – DOI: 10.24412/2073-3313-2023-11-20-22.
2. Grishaev S. P., Bogacheva T. V., Sweet Yu. P. Article-by-article commentary to the Civil Code of the Russian Federation. Part one // SPS ConsultantPlus. – 2019.
3. Theory of state and law: course of lectures / edited by V. V. Grib, V. Yu. Panchenko . – Moscow: Prospect, 2023. – 656 p. – ISBN 987-5-392-38506-5.
4. Shershenevich G. F. Selected. T. 4 including the General Theory of Law / Introduction. word, compiled by: P. V. Krasheninnikov. – M.: Statut, 2016. – 752 p. – ISBN 978-5-8354-1260-0 (in translation). ISBN 978-5-8354-1259-4 .
5. Regelsbеrgеr F. Pandekten. Verlag von Duncker & Humblot. – T. I. – 1893. – 629 p. Document code in the NEL 000199_000009_004464711.
THEORY OF STATE AND LAW
GAYDAY Mariya Konstantinovna
Ph.D. in sociological sciences, associate professor, professor of Socio-economic disciplines sub-faculty of the Pedagogical Institute of the Irkutsk State University
GROZIN Sergey Yurjevich
Ph.D. in Law, associate professor, professor of State legal disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
POROKHOVAYA Darya Eduardovna
Inspector of Public Order Protection of the East Siberian LU of the Ministry of Internal Affairs of Russia on transport
PREVENTION OF CONFLICTS AS ONE OF THE WAYS OF CONSTRUCTIVE COMMUNICATION IN THE FIELD OF EDUCATION
The article raises the question of the need to form a comfortable educational environment in a modern school, based on constructive communication between all participants in educational relations. One of the important aspects of the formation of constructive communication, the authors see the prevention of conflicts in the school environment. The problem of predicting options for the development of a conflict situation as preventing the aggravation of the conflict and its transition to a higher level is posed.
Keywords: conflict, school conflict, conflict prevention, constructive communication.
Article bibliography
1. Denisova O. G. Scientific forecasting of social conflict: theoretical approaches and methods // International Journal of Humanities and Natural Sciences. – 2020. – No. 1-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nauchnoe-prognozirovanie-sotsialnogo-konflikta-teoreticheskie-podhody-i-metody (date of access: 02.03.2024).
2. Kirsanova V. G . Teaching the school collective constructive methods of communication // Social pedagogy. – 2015. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obuchenie-shkolnogo-kollektiva-konstruktivnym-metodam- kommunikatsii (date of access: 04.03.2023).
3. Kuzina S. I., Romanova V. A. Fostering a Culture of Non-Violence in the Educational Process as Ensuring the Spiritual Security of Russian Society // State and Municipal Administration. Scientific Notes. – 2015. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vospitanie-kultury-nenasiliya-v-obrazovatelnom-protsesse-kak-obespechenie-duhovnoy-bezopasnosti-rossiyskogo- obschestva (date of access: 05.03.2024).
4. Ryabinina E. V., Ivanov A. V. Stimulating conflicts in the work collective // Bulletin of the Shadrinsk State Pedagogical University. – 2018. – No. 3 (39). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stimulirovanie-konfliktov-v-trudovom-kollektive (date of access: 05.03.2024).
5. Tokareva A. A. Conflicts in the teaching staff: problems and solutions // Bulletin of Science and the likeActiki. – 2020. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konflikty-v-pedagogicheskom-kollektive-problemy-i-puti-resheniya (date of access: 02.04.2024).
THEORY OF STATE AND LAW
GUSEVA Galina Viktorovna
Ph.D. in economical sciences, senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
GRIGORJEV Egor Nikolaevich
student of the 4th course of the Baikal State University, Irkutsk
ON THE ISSUE OF APPROACHES TO THE DEFINITION OF “STATE”: HISTORICAL AND LEGAL ASPECT
The article analyzes the history of the formation of approaches to understanding the term “state”, its evolution in the historical and legal context through division into historical peri-ods. The existing approaches in classical and modern scientific doctrine to the concept of the category “state” are noted. The main characteristics of the concept “state” are determined.
The authors note that throughout the history of the development of the term “state”, un-deniable features of this category have been identified.
Keywords: state, concept of “state, theory of the origin of the state, theory of state and law, history.
Article bibliography
1. Aristotle. Politics / Aristotle; [translated from ancient Greek by S. A. Zhebelev]. – M .: AST, 2023. – 384 p.
2. Butov A. V. The concept of public administration of N. Machiavelli // Bulletin of the Plekhanov Russian University of Economics. – 2016. – No. 6 (90). – P. 174-182.
3. Biryaeva A. V., Sevankaeva V. V. State and Law in the Teachings of John Locke // Contentus. – 2017. – No. 12 (65). – P. 9-14.
4. Montesquieu Sh. On the Spirit of Laws / Montesquieu Sh; [translated from French by A. G. Gornfeld]. – M .: AST, 2022. – 864 p.
5. Grigoriev E. N. European and Russian ideologists of the concept of “enlightened absolutism” // Problems of the Formation of Civil Society: collection of articles of the IX International Scientific Student Conference, Irkutsk, March 19, 2021. Volume Part I. – Irkutsk: Irkutsk Law Institute (branch) of the Federal State Budgetary Educational Institution of Higher Education “University of the Prosecutor’s Office of the Russian Federation”, 2021. – P. 33-38.
6. Dlugach TB Three portraits of the Enlightenment. Montesquieu. Voltaire. Rousseau (from the concept of enlightened absolutism to theories of civil society). – M .: IF RAS, 2006. – 251 p.
7. Goncharov PK Social state: essence, world experience, Russian model // Social and humanitarian knowledge. – 2000. – No. 2. – P. 18-36.
8. Kornakova S. V., Chigrina E. V. Inadmissibility of arbitrary interference in family affairs by state bodies and officials through the prism of social patronage // Baikal Research Journal. – 2016. – Vol. 7. No. 4.
9. Chernysheva Yu. B. The place of the social function of the state in the system of functions of the state: theoretical and conceptual foundations of the study // Education and Law. – 2023. – No. 1. – P. 53-61.
10. Korkunov N. M. Lectures on the General Theory of Law. – Moscow: Yurait, 2024. – 352 p.
11. Carneiro R. L. Theory of the Origin of the State / Ed. by L. E. Grinin [et al.]. — Volgograd: Uchitel, 2006. — P. 55-70.
12. Bukhantsov V. V., Komarova M. V., Chebunin V. P. Theory of the Origin of the State by L. R. Carneiro in the Context of Understanding and Teaching Political Science Problems in Higher Education // Bulletin of the Irkutsk State University of Economics. — 2015. — Vol. 25. No. 4. — P. 722-727.
13. Shaburov A. S. State and Statehood: Relationship Issues // Bulletin of the Irkutsk State University of Economics. – 2012. – No. 3. – P. 126-130.
14. Gulyaev T. R. Problems of international law: abuse of diplomatic privileges and immunities // III Baikal Legal Forum: Materials of international scientific and practical conferences and competition for young scientists, Irkutsk, October 4-6, 2023. – Irkutsk: BSU Publishing House, 2023. – P. 455-459.
THEORY OF STATE AND LAW
DUDKO Georgiy Nikolaevich
lawyer, managing partner of the bureau “Dudko and Partners”, postgraduate student of Theory state and law sub-faculty of the Saratov State Law Academy
THE PURPOSE AND OBJECTIVES OF CASUAL INTERPRETATION
The article draws a correlation between the categories “purpose” and “objectives” of casual interpretation. The author draws attention to the fact that the intended purpose of the casual interpretation of the norm is the accumulation of typical and atypical elements of the legal implementation process. It is established that the purpose of casual interpretation is to clarify the meaning of the content of a rule of law in relation to a specific situation that requires an individual approach. Based on this, four objectives of casual interpretation of a legal text are defined. As a result, it is concluded that the purpose and objectives of casual interpretation are closely related, and therefore cannot be implemented separately from each other.
Keywords: interpretation of law, casual interpretation, purpose of casual interpretation, objectives of casual interpretation, interpretation, interpretive activity, case.
Article bibliography
1. Alekseev S. S. Problems of the Theory of Law: Lecture Course. Vol. 2. – Sverdlovsk, 1973.
2. Vas’kovsky E. V. Civilistic Methodology. Theory of Interpretation and Application of Civil Laws. – Moscow, 2002.
3. Voplenko N. N. Official Interpretation of Legal Norms. – M., 1976.
4. Gavrilova Yu. A. Law enforcement practice: features of meaning formation // Journal of Russian Law. – 2018. – No. 5. – P. 46-53.
5. Gavrilova Yu. A. The meaning of law: philosophical and legal problems of defining the concept // Power. – 2013. – No. 2. – P. 121-123.
6. Kulapov V. L., Arkhipova E. Yu. Theoretical foundations of judicial and prosecutorial activity: in 2 parts: textbook. Part 1. – Saratov, 2020.
7. Kulikov M. A. Dialectics of goals and means: philosophical foundations for studying the effectiveness of legal regulation // Law in the modern world. – 2022. – No. 1 (62). – P. 52-62.
8. Lazarev V. V. Gaps in Law and Ways to Eliminate Them. – M., 1974.
9. Mikhailovsky I. V. Essays on the Philosophy of Law. Vol. 1. – Tomsk, 1914.
10. Pigolkin A. S. Interpretation of Normative Acts in the USSR. – M., 1962.
11. Plakhtiy N. A. Case as a Phenomenon of State-Legal Reality: Problems of Cognition // Second International Theoretical and Legal Readings named after Professor N. A. Pyanov. – Irkutsk, 2021. – P. 80-86.
12. Sumenkov S. Yu. The Ability of Law to Abstract and Concrete as Its Most Important Functional Characteristic // History of State and Law. – 2023. – No. 1. – P. 14-19.
13. Tarbagaev A. N. Concept and purposes of criminal liability. – Krasnoyarsk, 1986.
14. Terekhov E. M. Analysis of the target component of law interpretation activity // Legal paradigm. – 2017. – Vol. 16. No. 3. – P. 52-57.
15. Chertkova Yu. V. Problems of judicial lawmaking in history and modernity // Scientific notes of the Crimean Federal University. Series “Legal Sciences”. – 2015. – No. 1. – P. 255-261.
THEORY OF STATE AND LAW
YEZHIKOVA Svetlana Ivanovna
legal adviser of the notary office of notary Igor Borisovich Shchebunyaev, postgraduate student of the Pen za State University
LEGAL ORDER AND SPECIAL LEGAL ORDER: ASPECTS OF THE RELATIONSHIP
The article examines the categories of legal order and special legal order in the context of their relationship. The author analyzes various theoretical and legal concepts related to the problems of improving the legal order. A characteristic of the legal order and a special legal order is carried out, the signs and aspects of practical implementation are revealed. The necessity of scientific research of a special legal order is substantiated, promising directions of its study are determined. It is concluded that the emergence of a special legal order is due to the presence of special factors closely related to such a feature as the most detailed regulatory specification and regulation.
Keywords: legal order, special legal order, legality, lawful behavior, law and order, legal regime
Article bibliographic list
1. Borisov V. V. The legal order of Soviet society and ways to strengthen it // Issues in the theory of state and law : Sat. Art. Saratov. – 1971. – P. 51-56.
2. Dahl V. I. Explanatory Dictionary of the Living Great Russian Language in 4 Volumes. Volume 2. – Moscow, 2000. – 584 p.
3. Zaitseva E. S. Interpol’s Activities to Counter Terrorism as a Contribution to Strengthening the International Legal Order: Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2008. – 25 p.
4. Ilyin I. A. Theory of State and Law. – Moscow: Zertsalo, Garant, 2003. – P. 388.
5. Afanasyev V. S. Legality and Law and Order // Theory of Law and State / edited by V. V. Lazarev. – M.: Jurist, 2001. – P. 297 @@ Mukhaev R. T. Theory of State and Law. – M.: Unity, 2005. – P. 508.
6. General Theory of Law and State: textbook / Ed. by V. V. Lazarev. – 3rd ed., revised and enlarged. – M.: Jurist, 2001. – 520 p.
7. Repyev A. G. Special Legal Procedure in the System of Legal Advantages // Bulletin of Tomsk State University. Law. Tomsk: Tomsk State University. – 2019. – No. 34. – P. 21-28.
8. Saulyak O. P. Law and Order as a Factor in Ensuring the Stability of the Legal System // Law. Order. Values: monograph / Under the general editorship ofunit E. A. Frolova. – M .: Prospect, 2022 .– 688 p.
9. Sayushkina E. V. On the concept of a special order of Russian criminal proceedings // Gaps in Russian legislation. – 2016. – No. 1. – P. 138-140.
10. Sumenkov S. Yu. Lawful behavior as a substantive basis of the rule of law // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – P. 58-61.
11. Sumenkov S. Yu. Definition of “as an exception”: features of normative use // Bulletin of the Voronezh State University. Series: Law. – 2011. – No. 1. – P. 101-110.
12. Ushakov D. N. Large explanatory dictionary of the modern Russian language: 180,000 words and phrases. – M.: Alta-Print, 2008. – 1239 p.
13. Legal encyclopedic dictionary. Responsible. editor M. N. Marchenko. – M.: Prospect, 2006. – 809 p.
14. Vasiliev M. A. Legal categories: methodological aspects of developing a system of categories of the theory of law: monograph. – M.: Norma: INFRA-M, 2024. – P. 74.
THEORY OF STATE AND LAW
PRONINA Kseniya Yurjevna
Ph.D. in Law, lecturer of Philosophy and history sub-faculty of the Faculty of Law of the Academy of the FPS of Russia, Ryazan
PECULIARITIES OF LEGAL CONSCIOUSNESS OF CIVIL SERVANTS: EMPIRICAL ANALYSIS
The article examines the structure of legal consciousness, including legal knowledge, evaluative attitude to the law and behavioral attitudes of the individual, and also analyzes the data of the author ‘s survey of civil servants and citizens who are not civil servants regarding certain aspects of legal consciousness. It is emphasized that the questions in the questionnaire were conditionally divided into 3 groups in accordance with the structure of legal consciousness. The first block of questions is aimed at identifying the level of awareness of citizens and civil servants in the legal sphere, the second – at studying the evaluative and psychological side of legal consciousness, the third block of questions is related to the individual’s readiness for lawful behavior. It is noted that the legal consciousness of civil servants and citizens has both common and distinct features.
Keywords: law, legal consciousness, civil service, civil servants.
Article bibliography
1. Bainiyazov R. S. Legal consciousness and legal mentality in Russia: dis. … Doctor of Law. – Saratov, 2006. – 349 p.
2. Dobrobaba M. B. Legal consciousness of a civil servant: concept and significance for ensuring the effectiveness of disciplinary liability // Legal Bulletin of the Kuban State University. – 2021. – No. 2. – P. 58-68.
3. Morozevich V. S. The impact of legal consciousness on the legal behavior of an individual // Bulletin of the Volgograd State Pedagogical University. – 2008. – No. 1 (25). – P. 52-55.
4. Pronina K. Yu. Legal nihilism of civil servants in Russia: theoretical and legal aspect: dis. … candidate of legal sciences. – M., 2023. – 229 p.
5. Safronov V. V. Legal consciousness of a citizen: dis. … candidate of legal sciences. – Krasnoyarsk, 2004. – 242 p.
6. Selezneva E. V. Ideas of Russian civil servants about the value of public service // Public administration. Electronic bulletin. – 2023. – No. 96. – P. 88-103.
7. Babaev V. K. [et al.]. Theory of state and law: textbook. for universities / Ed. V. K. Babaeva. 4th ed. reworked and additional – M., 2023. – 582 pp.
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
THE CIVIC POSITION OF THE INDIVIDUAL IS THE BASIS OF DEMOCRACY
The article analyzes the civic position of an individual as the foundation of Russian democracy. It is pointed out that the concept of “citizenship” is insufficiently developed. The author explores this category as an integrative quality of personality, focusing on the legal characteristics of this institution. The subject of the study was also the structural elements of the civil position and its legal foundations. The civic position is examined through the prism of countering the ideology of extremism, terrorism and corruption manifestations.
Keywords: citizenship, civic position, social position, democracy, society, state, extremism, terrorism, corruption.
Article bibliography
1. Devitsky E. I. On the content of the principle of balance of public and private interests // Academic Law Journal. – 2024. – Vol. 25. No. 1. – P. 46-53.
2. Korovin E. M., Tikhiy K. V. On the problems of party representation in the composition of precinct electoralcommissions // Baikal Research Journal. – 2023. – Vol. 14. No. 4. – P. 1681-1690.
3. Keshikova N. V. Democratic foundations of the procedure for the formation of state bodies in Russia // Izvestiya IGEA. – 2007. – No. 1. – P. 53-57.
THEORY OF STATE AND LAW
STRAKHOV Igor Andreevich
researcher of academic degree of Fundamental jurisprudence and international law sub-faculty of the G. B. Mirzoev Russian University of Advocacy acy and Notary
IDEAS ABOUT THE “MODERN STATE” AND ITS TYPES: PROBLEM STATEMENT
In this article, an attempt is made to systematize the ideas existing in legal science about the modern state and its types. In today’s stream of scientific and educational literature, there are various author’s views on the modern state. However, these, as a rule, well-known views are not limited to views on the modern state. Moreover, today’s interest in the modern state and its transformation in connection with the current geopolitical and national-historical processes is reviving again. The problem lies not only in the limited and unsystematic ideas about the modern state, interest in which was lost at one time, but also in the emergence of new, previously non-existent modifications of the modern state in the world. Despite the common and largely identical ideas of researchers, modern science, nevertheless, in its problem field considers much more diverse types of the modern state than can be seen in the current superficial scientific discourse. It seems that each author sees certain features and key features in his “picture of the state”. At the same time, new characteristics and modifications of the signs of the modern state are emerging, which can change our overall attitude to this phenomenon, and which, in our opinion, can be very interesting and relevant. In our article, as a result of a comprehensive generalization of scientific literature, we tried to systematize the existing scientific ideas about the modern state.
Keywords: state, modern state, quasi-modern state, rule of law, quasi-legal state, electronic state.
Article bibliography
1. Alekseeva T. A. “Neoliberal State” in the Context of Globalization // Journal of Comparative Politics. – 2011. – No. 2. – P. 44-56.
2. Grinin L. E. 1997-2001. Formations and Civilizations // Journal “Philosophy and Society” from 1997 to 2001 – P. 427-765.
3. Global Geopolitics. Coll. monograph / Edited by I. I. Abylgaziev, I. V. Ilyin, I. F. Kefeli. – M.: Moscow University Publishing House, 2017. – 320 p.
4. Gumplowicz L. General Doctrine of the State. – St. Petersburg, 1910. – 516 p.
5. Golunsky S. A., Strogovich M. S. Abstract of the Theory of State and Law. – M., 1940. – 144 p.
6. Dzodziev V. Problems of Formation of a Democratic State in Russia. – M., 1996. – 303 p.
7. Jellinek G. General Doctrine of the State. – St. Petersburg, 2004. – P. 312.
8. Kravchuk S. S. State and legal relations in the Soviet socialist state // Soviet state and law. –1956. – No. 10. – P.151-154.
9. Kefeli I. F. Philosophy of geopolitics: monograph. – St. Petersburg: Petropolis, 2007. – 207 p.
10. Marxist-Leninist general theory of state and law. Basic institutions and concepts / Ed. G. N. Manov. – Moscow, 1970. – 622 p.
11. Mamut L. S. People in a rule-of-law state. – M.: NORMA, 1999. – 151 p.
12. Morozova L. A. Problems of Contemporary Russian Statehood: A Textbook. — M.: Legal Literature, 1998. – 253 p.
13. Pipes R. Property and Freedom. — M., 2000. – 490 p.
14. Pashukanis E. B. General Theory of Law and Marxism. 3rd edition. — M., 1927. – 136 p.
15. Law and History of Artistic Culture: A Textbook / [A. I. Alekseev, M. M. Rassolov, A. A. Fedorchenko, et al.]; Federal Educational Institution of Higher Professional Education “Russian Law Academy of the Ministry of Justice of the Russian Federation”. – Moscow: RPA Ministry of Justice of Russia, 2012. – 256.
16. Razuvaev N. V. Evolution of the state: socio-anthropological and legal aspects: dis. … doctor of law, – St. Petersburg, 2016. – 605 p.
17. Rakhimov R. A., Khabibulin A. G. State typology: on the issue of the legality of the category // State and Law. – M.: Nauka, 1999. –№ 3. – P.11-20.
18. The Modern State: Philosophical, Socio-Economic and Legal Foundations in the Context of Globalization: Monograph / Edited by Doctor of Economics, Professor, Honored Scientist of the Russian Federation M. A. Eskindarov, – M., 2011. – 160 p.
19. Strakhov I. A. On the Role and Place of Electronic Democracy in the Information Society // State Power and Local Self-Government. – 2022. – No. 11. – P.16-22.
20. Stuchka P. I. Leninism and the State. – M., 1924. – 190 p.
21. Theory of State and Law / Ed.M. P. Kareva, S. F. Kechekyan, A. S. Fedoseyev, T. I. Fedkina. – M., 1955. – P. 50-51.
22. Tikhomirov Yu. A. State: monograph. – M.: Norma. INFRA-M, 2023. – 319 p.
23. Trakhtenberg A. D. Electronic government: will the “reinvention of the state” take place? // Scientific yearbook of the Institute of Philosophy and Law of the Ural Branch of the Russian Academy of Sciences. – 2012. – Issue 12. – P. 285-297.
24. Khabibulin A. G., Rakhimov R. A. Ideological activity of the state and typology of statehood: monograph; Ministry of Internal Affairs of the Russian Federation. St. Petersburg. University of the Ministry of Internal Affairs of the Russian Federation. – St. Petersburg, 1998. – 260 p.
25. Lukashuk I. I. International Law. Textbook in 2 volumes. – Moscow: Moscow State University, 2007.
26. Stahl Friedrich Julius. Die Philosophie des Rechts. 2. Aufl. Db. 2. – Berlin, 1835. – P. 137.
27. Razuvaev N. V. Modern State… P. 228 et seq. @@ State Liability to Private Individuals (Experience of a Comprehensive Study). In 2 volumes / Ed. by L. I. Antonova. Volume 1. State Obligations to Compensate for Damage Caused to Private Individuals. – St. Petersburg, 2012.
28. Kechekyan S. F. Legal relations in a socialist society. – Moscow, 1958 @@ Yampolskaya Ts. A. Subjects of Soviet administrative law. Abstract of a doctor of legal sciences dissertation. – Moscow, 1958 @@ Petrov G. I. Soviet administrative law. General part. – Leningrad, 1960. – P. 101-102 @@ Kotok V. F. Constitutional and legal relations in socialist countries // Jurisprudence. – 1962. – No. 1 @@ Osnovin V. S. Soviet state and legal relations. – Moscow, 1965 @@ Boytsov V. Ya. The system of subjects of Soviet state law. – Ufa, 1972 @@ Vitkyavichus P. P. Civil legal personality of the Soviet state. – Vilnius, 1978 @@ Braginsky M. I. Participation of the Soviet State in Civil Legal Relations. – M., 1981. Bakhrakh D. V. Subjects of Soviet Administrative Law // Subjects of Soviet Administrative Law: Interuniversity Collection of Scientific Papers. – Sverdlovsk, 1985 @@ Arkhipov S. I. Subject of Law. Theoretical Research. – St. Petersburg, 2004 @@ Chirkin V. E. Legal Entity of Public Law. – M., 2007.
THEORY OF STATE AND LAW
TATARU Boris Anatoljevich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
INTERPRETATION OF THE CONCEPT OF LEGAL CONFORMITY
The concept of ‘legal conformism’ has long been the subject of academic debate in the field of jurisprudence. Although legal conformism is often regarded as a fundamental principle in legal systems around the world, its interpretation and definition of such a concept, has proven to be complex and multifaceted. This article examines the evolution of the definition of legal conformism and its significance for contemporary legal scholarship.
Our analysis shows that legal conformism is not just a static concept, but a dynamic and context-dependent principle that evolves in response to changes in the social, cultural and political context. The relevance of the topic is due to the little-studied nature of this phenomenon from the position of jurisprudence.
Keywords: conformism, legal conformism, evolution of legal conformism.
Bibliography
1. Robert Paul Wolff, Barrington Moore, Jr., and Herbert Marcuse / A Critique of Pure Tolerance. – Boston: Beacon Press, 1969. – Pp. 95-137.
2. Being and time / Martin Heidegger; Translation [from German] by V.V. Bibikhin. – Moscow: Publishing house. Ad Marginem, 1997. – XI, 451 p.; 22 cm; ISBN 5-88059-021-6 (Translated by): B. c.
3. Baron R., Kerr N., Miller N. Social Psychology of the Group. – St. Petersburg: Piter, 2003. – P. 8.
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8. Schopenhauer A. Aphorisms of worldly wisdom. – M.: RIPOL classic, 2016. – P. 65.
THEORY OF STATE AND LAW
TUSHKO Olesya Yurjevna
assistant of Foreign law and comparative law sub-faculty, postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
ON THE IMPACT OF FREEDOM OF SPEECH AND THE RIGHT TO ASSOCIATION ON THE STABILITY OF STATE POWER
Freedom of speech and the right to association are considered by the author as factors affecting the stability of state power. The article analyzes the various points of view of the classics of political and legal thought about their meaning. Freedom of speech and the right to association are important elements of public life that allow the population to interact with the State. Their reasonable limitation is justified, since under certain conditions they can act as destabilizing factors. According to the author, the current Russian legislation makes it possible to ensure the rights of other citizens, peace and harmony in society, and law and order in the state.
Keywords: stability of state power, freedom of speech, right to association, the state, restriction of rights and freedoms.
Bibliographic list of articles
1. Hobbes T. Leviathan, or Matter, form and power of the state, ecclesiastical and civil. – M.: Mysl, 2001.
2. Drobyshevsky S. A. From the classical teachings on politics and law of the 20th century: current ideas of G. Jellinek and D. Easton. – M.: Norma: INFRA-M, 2014 .
3. Drobyshevsky S. A. History of political and legal doctrines: basic classical ideas. – M.: Jurist, 2003.
4. Dyugui L. Constitutional law. General theory of the state. – M.: Printing house of Comrade I. D. Sytin, 1908.
5. Montesquieu Sh. Selected works. – M.: State publishing house of political literature, 1955.
6. Spinoza B. Theological-political treatise. – M.: Academic Project, 2015.
7. Federalist. Political essays of Alexander Hamilton, James Madison, and John Jay. – M.: Progress Publishing Group – Litera, 1993.
THEORY OF STATE AND LAW
ULAEVA Nataliya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
SYNERGETIC APPROACH AND SYNERGETIC METHODOLOGY AS THE BASIS FOR LEGAL COGNITION AND RESEARCH OF LEGAL REALITY
The article reveals the formation of legal synergetics in the general theory of law, its effectiveness for legal science and practice. Special attention is paid to the basics of the synergetic approach, which determines the methodology of knowledge of law and research of legal reality, contributing to the harmonization, stability and productivity of the legal system. The article reveals the essence of the synergetic methodology that combines the methodological tools of knowledge of law, legal processes and phenomena at the present stage. Attention is focused on the main advantages of the synergetic approach and the synergetic methodology.
Keywords: synergetics, tectology, legal synergetics, theory of law, theory of organized systems, synergetic approach , synergetic methodology, synergetic system, legal system, legal regulation, theory of self-organization, coevolutionary changes, legal synergy.
Article bibliography
1. Vershkov A. . A. Tectology: a modern reading // Economics and Management. – 2008. – No. 1. – P. 40.
2. Knyazeva E. N., Kurdyumov S. P. Foundations of synergetics. Regimes with exacerbation, self-organization , tempoworlds. – SPb.: Aleteya, 2002. – P. 25.
3. Moiseev N. N. Modern rationalism. – M.: MGVP “KOKS”, 1995. – P. 275 @@ Vershkov A. A. Tectology : modern reading // Economy and management. – 2008. – No. 1. – P. 40.
4. Grunina V. V. Synergetic foundations of legal regulation. Diss… Cand. of Law. – Vladimir: Research Institute of the Federal Penitentiary Service , 2006. – P. 4.
5. Yarkova E. N. Features of the application of the synergetic method in legal scientific research. Methodology. – University: MGIMO MFA, 2016 – P. 35. [Electronic resource]. – Access mode: http://leksii.org (date of access: 21.04.2024).
6. Chestnov I. L. Understanding of Law in the Postmodern Era. – St. Petersburg: SPbIVESEP, Znanie Society, 2002 . – P. 112.
7. Kurzanov S. V. The Importance of Synergetics for the Theory of Law // Modern Law. – 2019. – No. 12. – P.16-20.
THEORY OF STATE AND LAW
KHOVANTSEV Alexey Sergeevich
lawyer of the Interregional Bar Association of Moscow (Penza branch “Status”); competitor of Theory of state and law sub-faculty of the Saratov State Law Academy
THE INTENDED PURPOSE OF THE REFERENCE RULES OF LAW
The article examines the goals of reference norms, which can be aimed at achieving both general goals of law and specific attitudes. The article analyzes such general goals as the establishment and maintenance of law and order in society; ensuring the security of the state and the balance of interests of society, the state and the individual; protection and protection of the rights, freedoms and legitimate interests of various subjects, etc. At the same time, the teleological purpose of reference norms is characterized by its own goals, peculiar only to them. It is concluded that the target characteristic of the reference norms may be related to the specification of the operation of the rule of law, the addition of a legal prescription and the establishment of an exception (exception) from a legal rule.
Keywords: reference norms, general goals of the norms of law, specific goals of reference norms, normative legal act, specification, addition, exclusion (withdrawal).
Article bibliographic list
1. Kerimov D. A. Philosophical problems of law. – M.: Mysl, 1972. – P. 45.
2. Kiparisov F. G. Blanket norms of Russian law: dis. …cand. legal Sci. – N. Novgorod, 2021. – 360 p.
3. Kulikov M. A. Legal goals and means as the basis of the mechanism of legal regulation // Moscow Law Journal. – 2022. – No. 2. – P. 27.< br /> 4. Malko A. V., Shundikov K. V. Goals and means in law and legal policy. – Saratov: Publishing house SGAP, 2003. – P. 108.
5. Matuzov N. I ., Malko A. V. Theory of State and Law: textbook. – M.: Jurist, 2003. – P. 284.
6. Nozdrachev A. F. Regulatory acts of ministries and departments of the USSR: author’s abstract. diss. … Cand. of Law. – M., 1968. – P. 14.
7. Oleynik P. A. Personality. Democracy. Legality. – M.: Jurid, litera, 1981. – P. 86-87.
8. Perepletchikova A. I. On some features of concretization norms of Russian law // Legal Culture. – 2018. – No. 3 (34). – P. 120.
9. Pigolkin A. S. Interpretation of normative acts of the USSR . – M.: Gosyurizdat, 1962. – P. 17.
10. Shundikov K. V. Goals and means in law (general theoretical aspect): dis. … candidate of legal sciences. – Saratov, 1999. – P. 8.
HISTORY OF STATE AND LAW
LONSHAKOV Anton Alexandrovich
adjunct of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
THE POLITICAL AND LEGAL SIGNIFICANCE OF THE ORGANIZATION OF THE ACTIVITIES OF MILITIA FORMATIONS DURING THE CAUCASIAN WAR OF 1817-1864
The article is devoted to the political and legal significance of the activities of the militia units that took part in the Caucasian War of 1817-1864. The role of the Caucasian militias in the annexation of the North Caucasus to the Russian Empire and the spread of the political and legal order of tsarist Russia among the North Caucasian tribes is considered. The author concludes that the militia formations in the Caucasian War played an extremely important role, forming an armed opposition to the regime of Imam Shamil, as well as the first military and police formations that began to serve under the jurisdiction of the tsarist government of the Russian Empire.
Keywords: the state, the North Caucasus, the Caucasian War of 1817-1864, militia formations.
Article bibliographic list
1. Amirov R. Z. Police functions of the army of the Russian state, XVIII – first quarter of the XIX century: dis. …cand. legal Sciences: 12.00.01. – Moscow, 1996. – 194 p.
2. Borisov A.V., Malygina A.Ya., Mulukaev R.S. Three centuries of Russian police. – M.: RIPOL classic, 2016. – P. 425-441.
3. Gapurov Sh. A., Gapurova M. Sh., Saralieva L. Sh. Political situation in Chechnya in the first half of the 60s . XIX century. // Bulletin of the Academy of Sciences of the Chechen Republic. Academy of Sciences of the Chechen Republic. – 2006.
4. Kantyshev R. Kh. Toy Kantyshev. Service to the Fatherland. – Rostov-on-Don: Southern Publishing House, 2023. – 115 pp.
5. Lapin V.V. The Russian Army in the Caucasian War of the 18th-19th centuries. / St. Petersburg Institute of History, Russian Academy of Sciences, European University in St. Petersburg. – St. Petersburg: European House, 2008. – 396 p.
6. Makarov G. A. History of the development of the police and gendarmerie in The North Caucasus in the second half of the 19th – early 20th centuries: Based on materials from Stavropol and Kuban: diss. … Cand. of History: 07.00.02. – Pyatigorsk, 2005. – 153 p
7. Pozharsky D. V. Protective function of the state (theoretical and methodological problems): dis. … Doctor of Law: 12.00.01. – M., 2015. – P. 119.
8. Skipsky G. A., Mikheeva S. . N. Features of the organization of activities of the police of the Russian Empire in the national outskirts: monograph; Ural Legal Institute of the Ministry of Internal Affairs of Russia, 2021. – 88 p.
HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Ufa University of Science and Technology
NEKRASOV Anton Igorevich
magister student of the 1st course, specialty “International Relations: European and Asian Studies” of the Faculty of World Economics and World Politics of the National Research University “Higher School of Economics”»
ON THE QUESTION OF FRANCE’S FOREIGN POLICY COURSE IN THE 1920S AND 1930S (PART 3)
The article deals with the main problems of the consistency of France’s foreign policy in the 1920s and 1930s. The article also investigates the role of prime ministers and foreign ministers in the decision-making process during the fundamental events of the mentioned period: The Paris Conference, The Genoa Conference, The Locarno Conference, The Four-Power Pact, bilateral and multilateral treaties in the field of security and cooperation. The results of the activities of politicians such as Georges Clemenceau, Raymond Poincare, Aristide Briand, Joseph Paul-Boncour, Louis Barthou and Pierre Laval are analyzed.
Keywords: France, foreign policy, The Treaty of Versailles, Germany, international relations, twentieth century.
Article bibliography
1. Borisov A. Yu., Kleymenova N. E., Narinsky M. M., Sidorov A. Yu. History of international relations. The interwar period and the Second World War. In 3 volumes. Moscow, 2017. Vol. 2. 496 p.
2. Wormser G. La Republique de Clemenceau. Paris, 1961. 522 p.
3. Documents of the foreign policy of the USSR. M., 1961. Vol. 5. 786 p.
4. White S. The Origins of Detente: The Genoa Conference and Soviet-Western Relations, 1921-1922. Cambridge, 1985. 255 p.
5. Belousova Z. S. France and European Security 1929-1939. Moscow: Nauka, 1976. 418 p.
6. Gafurov B. G. The Locarno Treaty between Germany, Belgium, France, Great Britain and Italy. 16 October 1925. Reader on modern history. In 3 volumes. Moscow, 1960. Vol. 1. 799 p.
7. Marchenko M. N. Ideas of pan-Europeanism in the first half of the twentieth century. // Bulletin of Moscow University. Episode 11. Law. 2008. No. 4. pp. 4-13.
8. Soutou G.-H. La France, l’URSS et l’ère de Locarno, 1924-1929. L’URSS et l’Europe des années 20. Sous la dir. de M. Narinski, E. du Réau, G.-H. Soutou, A. Tchoubarian. Paris: Presse de l’Universite de Paris-Sorbonne. 2000. P. 67-90. (in French).
9. Documents of the foreign policy of the USSR. M., 1970. T. XVI. 920 p.
10. Code telegram of the People’s Commissar for Foreign Affairs of the USSR M. M. Litvinov to the People’s Commissariat of Foreign Affairs of the USSR with the text of the Geneva Protocol on issues related to negotiations on the Eastern Pact // B. N. Yeltsin Presidential Library. [Electronic resource] . – Access mode: https://www.prlib.ru/item/1296368 (date of access: 22.02.2024).
11. Documents on British Foreign Policy. L., 1976. Ser. 2. V. XV. 862 p.
12. Gromyko A. A. History of diplomacy. M., 1965. Vol. 3. 831 p.
13. Nesterova T. P. France and the attempt to resolve the Italo-Ethiopian conflict at the end of 1935: the Hoare-Laval plan // Scientific dialogue. 2020. No. 8. P. 398-411.
14. Kravchenko A. A. Italian aggression against Abyssinia and the Khora-Laval plan // Bulletin of Tambov State University. Series: Humanities. 2010. Issue 5. P. 156-161.< br /> 15. Magadeev I. E. German policy in the 20s of the twentieth century in light of the lessons of the First World War // Bulletin of MGIMO-University. 2014. No. 4 (37). P. 35-44.
16. Vershinin A. A. Contradictions of the collective security model: modern historiography on the evolution of the Versailles system of international relations in the 1930s // Bulletin of MGIMO-University. 2022. No. 15 (2) . P. 108-140.
17. Arshintseva O. A., Glushkov A. E. Locarno, 80 years ago // Bulletin of the Altai State University. 2005. No. 4. P. 7-11.
HISTORY OF STATE AND LAW
ROGALEV Alexander Andreevich
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
PROVISION OF ASSISTANCE BY CHINESE NATIONALS TO THE POLICE OF THE PRIAMURSKY GOVERNOR-GENERAL’S OFFICE IN ITS ACTIVITIES TO PROTECT PUBLIC ORDER AND COMBAT CHINESE BANDITRY (SECOND HALF OF THE XIX – EARLY XX C.)
The article is devoted to the study of assistance of Chinese nationals to the Russian police in protecting public order and combating Chinese crime in the Priamursky Governorate-General in the late XIX – early XX centuries.
The peculiarity of the social structure of the Chinese society of the existence of closed, self-governing public associations headed by elected chiefs allowed the Chinese criminal element to hide from Russian justice, which made it difficult and often impossible to fight Chinese crime without involving the Chinese themselves.
The author distinguishes two forms of assistance of Chinese nationals to the Russian police. The first form consisted in direct participation, when the local authorities empowered Chinese chiefs and Chinese merchant societies to protect law and order by establishing positions of Chinese detectives (dozens of investigators). The second form was indirect participation through the financing by the Chinese subjectsof the addition of additional personnel units of the city police at their request.
Keywords: Chinese subjects, police, public order, ethnic crime, facilitation, Russian Far East.
Article bibliography
1. On the composition and structure of the district and city police department // SZ RI. – V. 2. – No. 60310.
2. Copy of the note of the committee under the Governor-General of Eastern Siberia to determine the reasons for the formation of robber gangs in the South Ussuri region dated July 31, 1869 // RGIA. – F 1315. – Op. 1. – D. 6. – L. 25.
3. Rules “On the improvement of the Chinese population in the Amur region” dated March 8, 1887 // RGIA DV. – F. 28. – Op. 1. – D. 96. – L. 30.
4. List of Chinese elders in the city of Vladivostok // RGIA. – F. 28. – Op. 1. – D. 88. – L. 28.
5. On the actions of the Chinese authorities in relation to persons located on Russian territory // AVPRI. – F. 327. – Op. 579. – D. 55. – L. 2.
6. Attitude of the military governor of Primorsky Oblast to the Khabarovsk police master dated January 29, 1907, No. 5110 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 8.
7. Attitude of the Khabarovsk police master to the military governor of Primorsky Oblast dated February 18, 1907, No. 1818 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 29.
8. Attitude of the military governor of Primorsky Oblast to the Khabarovsk police master dated January 19, 1907, No. 9209 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 5–5 ob.
9. The attitude of the Primorsky Governor-General to the military governor of the Primorsky region dated March 14, 1909, No. 2372 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 36.
10. A copy of the attitude of the Police Department for the 2nd office work to the Primorsky Governor-General dated February 5, 1914, No. 22460 // RGIA DV. – F. 1. – Op. 1. – D. 1950. – L. 5–5 rev.
11. The attitude of the Vladivostok police chief to the military governor of Primorsky Oblast dated April 6, 1915, No. 1357 // RGIA DV. – F. 1. – Op. 1. – D. 1987. – L. 15 rev.
12. Petition of the Chinese subject Wang-i-siyu, residing in the city of Vladivostok on Semenovsky Pokos Street, house No. 12, to the bailiff of the 3rd section of the city of Vladivostok dated February 8, 1912 // RGIA DV. – F. 1. – Op. 1. – D. 1928. – L. 1.
13. The attitude of the Police Department for the 2nd office to the Primorsky Governor-General dated April 6, 1912, No. 10875 // RGIA DV. – F. 1. – Op. 1. – D. 1928. – L. 5.
14. Chinese police of Vladivostok // Main Directorate of the Ministry of Internal Affairs of Russia for Primorsky Krai: official. website. [Electronic resource]. – Access mode: https://25.мвд.рф/news/item/13496911 (date of access: 10.02.2023).
CONSTITUTIONAL LAW
ABDURAKHMANOVA Elina Khalidovna
magister student of Constitutional and international law sub-faculty of the Institute Law of the Dagestan State University, Makhachkala
SARKAROVA Dzhamilya Salikhovna
Ph.D. in political sciences, associate professor of Constitutional and international law sub-faculty of the Institute Law of the Dagestan State University, Makhachkala
SOME PRINCIPLES OF INTERACTION BETWEEN THE STATE AND RELIGIOUS ORGANIZATIONS AS PREREQUISITES FOR THE REALIZATION OF THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION
This article examines the constitutional principles of interaction between the Russian state and religious associations as prerequisites for the realization of the right to freedom of conscience and religion. The authors analyzed the amendments to the Constitution of Russia in 2020, according to which the first mention of God appeared in the text of the Basic Law of the country and their impact on the right to profess any religion or not to profess any. The peculiarities of the implementation of the principle of a secular state against the background of active state support for religious organizations representing the interests of followers of traditional religions are also considered.
Keywords: freedom of science and religion, religious organizations, constitutional principles, secular state.
Article bibliography
1. Rumyantsev O. G. From the history of the creation of the Constitution of the Russian Federation. Constitutional commission: transcripts, materials, documents (1990-1993). – M .: Wolters Kluwer, 2007. – P. 320.
2. Osavelyuk A. M. Reflections on the secular state (in light of the 2020 changes in Constitution of Russia) // Current issues of Russian law. – 2020. – No. 8. – P. 33.
3. Shustrov D. G. The essence of the Constitution: main theories: a tutorial. – M.: Yurlitinform, 2017. – P. 25.
4 . Holmes S., Lucky K. Passions for combining // Constitutional law: East European review. – 1994. – No. 4-5. – P. 21.
5. History of political and legal doctrines: Textbook for universities / Under General editor: Academician of the Russian Academy of Sciences, Doctor of Law, Professor V. S. Nersesyants. – 4th ed., revised and enlarged. – M.: Norma, 2004. – P. 128.
6. Bulavina M. A. On the issue of the legal content of the concept of “secular state” // News of MSTU “MAMI”. – 2014. – No. 2. – P. 166.
7. Agafonova A. A. Implementation of the principle of a secular state in Russia: current state and development prospects // Bulletin of Tomsk State University. – 2012. – No. 2. – P. 5.
8. Avakyan S. A. Constitutional Law of Russia. Study course: study guide: in 2 volumes. Volume 1. – 7th ed., revised and enlarged. – Moscow: Norma: INFRA-M, 2022. – P. 187.
CONSTITUTIONAL LAW
ALEXANDROV Grigory Dmitrievich
postgraduate student of the Institute of Economics, Management and Law of the Moscow City Pedagogical University
CURRENT ASPECTS OF THE LEGAL STATUS OF THE MOSCOW GOVERNMENT
The provisions of the Constitution of the Russian Federation determine the independence of the organization of the system of state authorities of the subjects of the Russian Federation. The status of the city of Moscow as the capital of the Russian Federation and at the same time a city of federal significance imposes certain features on the organization and operation of the system of public authorities in the city of Moscow, where an important place is occupied by a permanent and collegial supreme executive authority that carries out law-making and has a wide range of powers and functions. Since the Government of Moscow creates an effective experience in the organization of public administration, the article examines the essence of its legal status, where, based on the analysis of fundamental concepts, their differences and applicability in relation to the studied area, topical aspects and innovations in the legal status of the Government of Moscow are considered. In the context of solving urgent problems, it is proposed to outline the foundations for determining the uniqueness of the legal status of the Moscow Government in the complex system of urban management of the capital.
Keywords: legal status, Government of Moscow, current aspects, status of Moscow.
Article bibliographic list
1. Bezrukov A. V. Constitutional Law of Russia: a textbook. – M.: Yustitsinform, 2019. – 213 p.
2. Gimazova Yu. V. State and municipal administration: a textbook for universities / Under the general editorship of N. A. Omelchenko. – Moscow: Publishing house Yurait, 2021. – 453 p.
3. Vinogradova E. V., Danilevskaya I. L., Patulin G. S. Executive power in the constitutionalo-legal design of modern Russia. government: status, powers, functions // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2021. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolnitelnaya-vlast-v-konstitutsionno-pravovom-izayne-sovremennoy-rossii-pravitelstvo-status-polnomochiya-funktsii (date of access: 11.04.2024).
4. Zinoviev A. V. Status of People’s Deputy of the USSR (problems of theory and practice). – L .: Leningrad State University, 1987. – 159 p.
5. Kalgina A. A. On the Features of the Status of the City of Moscow as a Subject of the Russian Federation // Bulletin of Economic Security. – 2022. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-osobennostyah-statusa-goroda-moskvy-kak-subekta-rossiyskoy-federatsii (date of access: 17.04.2024).
6. Musinova N. N. Trends in the development of local government in the city of Moscow // Bulletin of the State University of Management. – 2018. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tendentsii-razvitiya-mestnogo-samoupravleniya-v-gorode-moskve (date of access: 04/17/2024).
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Liana Fikretovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
STATE AND CIVIL SOCIETY: FEATURES OF INTERACTION
In the article, the authors reveal the features of interaction between the state and civil society, reveal the essence of this concept and its main features. The article provides a brief explanation of how state and non-state institutions influence the formation of a developed civil society, and how the development of legal culture influences a person. Civil society plays a key role in the organization and functioning of society, the state is responsible for governance, legislation and ensuring public safety, while civil society includes non-governmental organizations, social movements, groups that seek to protect the rights and interests of citizens, make their contribution in the development of society through active participation in public life. A full-fledged civil society is possible when it is in a state of equal partnership and high-quality legal interaction with the state.
Keywords: civil legislation, digital rights, government agencies.
Article bibliography
1. Civil society as a guarantee of political dialogue and counteraction to extremism: key constitutional and legal problems. Collective monograph / Head of the author’s collective and responsible editor S. A. Avakyan. – 2015. – 652 p.
2. Lobakhina E. A., Psareva O. V. Features of the relationship between the state and civil society in Russia // Young scientist. — 2021. — No. 20 (362). — P. 251-254.
3. Teplyashin I. V. Legal means ensuring interaction between civil society and the state. Yenisei political and legal readings collection of scientific articles based on the materials of the XV All-Russian scientific and practical conference. – Krasnoyarsk, 2023. – P. 437-442.
4. Makartsev A. A. On the issue of electoral and legal culture and socio-legal means of improving it // Citizen. Elections. Power. – 2020. – No. 2 (16). – P. 92-105.
CONSTITUTIONAL LAW
AMIRKHANOV Amirkhan Gaydarbekovich
magister student of the 2nd year of full-time education of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Z ulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
LEGAL PROPERTIES OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
The scientific article is devoted to the study of the importance of constitutional principles in the law enforcement activities of the Russian Federation. The article examines the essence and role of the basic constitutional principles, such as the principle of the rule of law, the principle of separation of powers and the principle of inviolability of the constitutional system. The authors analyze the historical context of the formation of these principles, their relationship with international norms of law, as well as their importance for ensuring stability, legality and justice in public administration. Special attention is paid to the practical application of constitutional principles by courts and other judicial bodies, their role in ensuring respect for the rights and freedoms of citizens, as well as ensuring the effective functioning of the rule of law.
Keywords: constitutional principles, law enforcement, the Russian Federation, the rule of law, separation of powers, inviolability of the constitutional system, the rule of law.
Article bibliography
1. Aleshkova I. A. Concept and features of the principles of constitutional law // Law and state: theory and practice. – 2019. – No. 4 (172). – P. 27-33.
2. Dagaev R. R. The role and significance of the constitution // The main trends and principles of the implementation of the provisions of the Constitution of the Russian Federation in various branches of the legal system of the Russian Federation: Materials of the II International scientific and practical conference dedicated to the Day of the Constitution of the Russian Federation, Grozny, December 12, 2019. – Grozny: Chechen State University, 2019. – P. 160-162.
3. Osavelyuk E. A. Principles of constitutional law: concept and types // Bulletin of economic security. – 2021. – No. 6. – P. 132-136.
4. Plotnikova I. N. Place and role of constitutional principles in the system of principles of Russian law // Bulletin of the Saratov State Law Academy. – 2021. – No. 3 (140). – P. 28-37.
5. Paramonov A. V. Practical significance of constitutional principles of law // Actual problems of state and law. – 2020. – T. 4. No. 16. – P. 435-441.
CONSTITUTIONAL LAW
ZHIVODROVA Svetlana Anatoljevna
Ph.D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
FEATURES OF COMBATING CORRUPTION IN PUBLIC SERVICE IN FOREIGN COUNTRIES, USING THE EXAMPLE OF THE UNITED ARAB EMIRATES
The article is devoted to the study of an urgent issue – the development of professionalism of civil servants. The content of normative legal acts regulating the issues of professional development of public servants of the United Arab Emirates (UAE) is analyzed. The official statistical data on the number of civil servants who participated in various competence development programs are presented and analyzed. It is concluded that the development and implementation of a training policy in order to strengthen the potential and competence of employees is the most important means of further development of the state.
Keywords: civil service, regulatory legal acts, professional development, civil servants, succession planning.
Article bibliography
1. Vasilyeva A. G., Gavryushina Ya. V. The role of competence of professional personnel in the quality management system of an organization // Modern management model: problems and prospects: materials of the VI All-Russian (national) scientific and practical conference / Under the general editorship of N. V. Kuznetsova, Yu. V. Litovskaya. – Magnitogorsk: Magnitogorsk State Technical University named after G. I. Nosova, 2022. – P. 79-82.
2. Malkhasyan S. S., Kuvaldina E. A. Difficulties in implementing the corporate governance model “70:20:10” in traditional organizational management structures // International Journal of Humanities and Natural Sciences. – 2022. – No. 4-4 (67). – P. 85-87.
3. Shachnev S. A. Professionalization of civil service: problematic aspects and ways to achieve efficiency // Bulletin of Tula State University. Humanities. – 2019. – No. 4. – P. 3-11.
CONSTITUTIONAL LAW
KUZNETSOV Stepan Anatoljevich
Ph.D. in Law, associate professor, associate professor of State and international law sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
THE DIALECTIC OF LOCAL SELF-GOVERNMENT IN RUSSIA: ANALYSIS OF MODERN APPROACHES AND DEVELOPMENT PROSPECTS IN THE CONTEXT OF CONSTITUTIONAL CHANGES
The article deals with modern approaches and development prospects of local self-government in Russia in the light of the latest constitutional changes. The author emphasizes the importance of creating and testing analytical methods for studying regional and municipal features, proposing a transition from traditional binary logic to more complex ternary logic and socio-philosophical dialectics. The paper also analyzes the relations between federal and local authorities, points out the uselessness of criticizing the federal legislator, and emphasizes the importance of global thinking in management. The study aims to identify critical points of integration of local authorities with the subnational level of government and offers preliminary conclusions on this topic.
Keywords: local self-government, regional features, socio-philosophical dialectics, federal legislation, integration, subnational level, constitutional changes, state interests.
Article bibliography
1. On the general principles of organizing local self-government in the Russian Federation: federal law of 06.10.2003 No. 131-FZ (as amended on 23.03.2024). – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus Prof” (date of access: 14.05.2024).
2. Bill No. 40361-8 On the general principles of organizing local self-government in a single system of public authority. – [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/40361-8 (date of access: 14.05.2024).
3. On the general principles of organization of local self-government in the Russian Federation: federal law of 28.08.1995 No. 154-FZ (as amended on 21.07.2005) (no longer in force). – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus Prof” (date of access: 14.05.2024).
4. Kamilova J.V. Constitutional and legal nature of local self-government in modern Russia // Law and Right. – 2019. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konstitutsionno-pravovaya-priroda-mestnogo-samoupravleniya-sovremennoy-rossii (date of access: 14.05.2024).
5. Ovcharenko R.K. General approaches to understanding state and municipal administration // Electronic Bulletin of the Rostov Socio-Economic Institute. – 2016. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschie-podhody-k-ponimaniyu-gosudarstvennogo-i-munitsipalnogo-upravleniya (date accessed: 14.05.2024).
6. Otinova V. E., Trukhanovich D. S. Problems of local self-government in the context of public authority reform in Russia // Notes of a scientist. – 2022. – No. 5. – P. 387-390.
7. Peshin N. L. Constitutional reform of local self-government: the unity of public authority as a new general principle of local self-government organization // Constitutional and municipal law. – 2020. – No. 11. – P. 24-29. – DOI 10.18572/1812-3767-2020-11-24-29.
8. Uskova T. V., Bukhvald E. M., Voroshilov N. V. Local self-government in Russia: results and prospects of reforms // Problems of territorial development. – 2016. – No. 5 (85). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mestnoe-samoupravlenie-v-rossii-itogi-i-perspektivy-reform (date of access: 05.14.2024).
CONSTITUTIONAL LAW
MUSTAFINA Lyaysan Renatovna
senior lecturer of Constitutional and administrative law sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
CHILDHOOD AS AN ELEMENT OF THE CONSTITUTIONAL AND LEGAL SPACE OF THE RUSSIAN FEDERATION
This article examines the role of childhood as a constitutional and legal phenomenon in modern Russian society. The author analyzes various sources of constitutional law, including the Constitution of the Russian Federation, laws, subordinate normative legal acts, strategies, programs, resolutions and definitions of the Constitutional Court of the Russian Federation in order to illustrate how signs, traits and other elements of childhood are objectified in these documents. The article argues that childhood can be classified as a phenomenon included in the constitutional and legal space of the Russian Federation, which is defined as the sphere of regulation by legal norms of models of lawful behavior of the state. The priority importance of child protection, their development and upbringing for society is emphasized, which indicates increased attention to children in public policy.
Keywords: childhood, protection of childhood, child, Constitution, constitutional law
Article bibliographic list
1. Bartsits I. N. Constitutional and legal space of the Russian Federation: abstract. dis. … doc. legal Sci. – M., 2001. – P. 10.
CONSTITUTIONAL LAW
BELYKH Denis Vadimovich
postgraduate student of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
REFUSAL TO REGIST ER POLITICAL PARTIES: LEGAL NATURE
The article deals with the issue of the legal nature of refusal to register political parties. It analyzes the problem of whether the denial of registration is a measure of constitutional and legal responsibility. The constitutional aspects of this issue in the context of legal doctrine, as well as in the context of legislation on political parties are studied. Theoretical and practical aspects of refusal to register political parties are outlined. It is concluded that as a measure of constitutional-legal responsibility, the refusal to register requires legislative improvement.
Keywords:refusal to register, conconstitutional and legal liability of political parties, constitutional and legal tort, legislation.
Article bibliography
1. Baykova TK Constitutional and legal status of political parties in the Russian Federation; diss. … candidate of legal sciences. – M., 2002. – 201 p.
2. Vinogradov VA Constitutional and legal liability: a systemic study: diss. … doctor of legal sciences. – M., 2005. – 348 p.
3. Dmitriev DO Refusal to register and cancellation of registration – the main measures of constitutional and legal liability of candidates // Justice. – 2006. – No. 6.
4. Zaslavsky S. E. Political parties of Russia: Problems of legal institutionalization. – M., 2003. – 299 p.
5. Kondrashev A. A. Constitutional and legal liability in the Russian Federation: theory and practice. – M., 2006. – 345 p.
6. Pleshchenko A. N. Constitutional and legal liability of political parties in the Russian Federation // Symbol of Science. – 2015. – No. 12-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konstitutsionno-pravovaya-otvetstvennost-politicheskih-partiy-v-rf (date of access: 04/01/2024).
CONSTITUTIONAL LAW
BELTSEVA Eka terina Igorevna
adjunct of Constitutional and municipal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ESSENTIAL COMPONENTS OF PARLIAMENTARY CONTROL WITHIN THE FRAMEWORK OF ANALYTICAL DISCOURSE
The article examines the typological and constitutive characteristics of such a legal phenomenon of state legal reality as parliamentary control. The relevance of the analysis of this issue is dictated by the amendments made to the Basic Law of the Russian Federation in 2020, as well as the rich practice of application in countries with established traditions of parliamentarism. Analyzing its multivariate application in the sphere of control over public finances, over the implementation of laws (which are not the object of constitutional control), over delegated legislation, the author progressively examines the entire range of competence connections between the legal institution of parliamentary control and the nature of constitutional regulations, and also analyzes the diversity of scientific views on this problem.
Keywords: functions of the legislative body, design of the form of government, the idea of parliamentary control, spheres, objects of parliamentary control.
Article bibliographic list
1. Bryce D. Modern democracies. – M., “Progress”, 1992. – P. 391.
2. M. Montaigne “Experiments”. – M., Eksmo, 2003. – K. I. – P. 145-146.
3. Montesquieu Ch.-L. On the Spirit of Laws // Selected Works. – M., 1995. – P. 298.
4. Chervonyuk V. I. The Effect of Law: (Methodological Analysis): Abstract of Dissertation, Academy of the Ministry of Internal Affairs of the Russian Federation. – M., 1992. – P. 39.
5. Chervonyuk V. I. Representative Nature of Legislative Authority: Modern Context / Criminal Procedure: Problems of Theory and Practice. – M., 2016. – No. 1. – P. 119.
CONSTITUTIONAL LAW
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
ZHIVODROVA Svetlana Anatoljevna
Ph.D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
THE SYSTEM OF PROHIBITIONS AND RESTRICTIONS ON PUBLIC SERVICE IN CHINA AS A MEANS OF COMBATING CORRUPTION
Combating corruption is the most important task for any country in the world. Corruption has a negative impact on the country’s economy, undermines public confidence in State institutions and hinders social progress. The article examines a set of basic prohibitions and restrictions against Chinese party and government officials. The content of the main normative legal acts containing anti-corruption standards for the activities of public servants is analyzed. It is noted that a special specific law on combating corruption has not been adopted in China. The provisions of the Central Committee of the Communist Party of China and the State Council play an important role in regulating this phenomenon.
Keywords: party officials, civil servants, prohibitions, restrictions, corruption, confiscation, abuse of office.
Article bibliography
1. HSE Anti-Corruption Portal. [Electronic resource]. – Access mode: https://anticor.hse.ru/main/country/China (date of access: 19.03.2024).
2. Ivanova M. A., Ilyushina M. N., Kozlova E. B., Fomenko E. V. Implementation of state policy in the field of combating corruption: the experience of Russia and China on the results of the Russian-Chinese conference //Bulletin of the Russian Law Academy. – 2020. – No. 3. – P. 115-121.
3. Kulakova V. A. Corruption in Russia and China: concept, types, state, counteraction // Russia and China: history and prospects for cooperation. – 2023. – No. 13. – P. 223-235.
4. Mayorov V. I. Mechanisms for combating corruption (on the example of the Russian Federation and the People’s Republic of China) // Jurist-Pravoved. – 2022. – No. 1 (100). – P. 28-33.
5. Sevalnev V. V. Legal regulation of combating corruption in China // Journal of Foreign Legislation and Comparative Law. – 2018. – No. 2 (69). – pp. 69-74.
ADMINISTRATIVE LAW
BIRYUKOVA Evelina Robertovna
senior lecturer of the Vladimir Law Institute of the FPS of Russia
ADMINISTRATIVE AND LEGAL REGULATION OF THE EVALUATION OF THE EFF ECTIVENESS AND EFFICIENCY OF CIVIL SERVANTS
In the article, the author examines issues related to the administrative and legal regulation of evaluating the effectiveness of civil servants. Focuses on the regulatory framework for evaluating the effectiveness of civil servants, its improvement and development. The author pays a special role to the fact that a qualitatively created system for selecting civil service personnel and evaluating the results of their activities directly depends on the success of the functioning of the entire institution of public service, precisely on how interested civil servants are in serving the people and achieving the state and public tasks assigned to them.
Keywords: methods, assessment, administrative and legal regulation, principle, civil service, civil servant, regulatory framework, self-assessment, penal enforcement system.
Article bibliographic list
1. Vasilyeva E. I., Zerchaninova T. E., Ruchkin A. V. Assessing the effectiveness of civil servants // Management consulting. – 2016. – No. 4. – P. 19. (14-26).
2. Davydov K. V. Job descriptions of state civil servants as an element of the reform of the civil service of the Russian Federation: the main legal problems // Administrative law and process. – 2011. – No. 4. – P. 27-32.
3. Korobchenko V. V. Problems of applying a special procedure for remuneration of state civil servants // Labor law in Russia and abroad. – 2014. – No. 2. – P. 31-34.
ADMINISTRATIVE LAW
LYANNOY Gleb Gennadjevich
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
LOBBYING AS A FACTOR THREATENING THE SECURITY OF BUSINESS ACTIVITIES (ADMINISTRATIVE AND LEGAL ASPECT)
The paper is devoted to the consideration of the issue of the history of lobbying. The starting point of the study is the charter of Vladimir Monomakh (1113), which was written by people called lobbyists in modern language. The history of the emergence of lobbying abroad is also considered. A pattern has been established between the traditions that have developed in the country and society, and the currently existing forms of lobbying activity. It is suggested that countries most, realizing the need for this phenomenon, are looking for their own ways to legalize it, trying to find a balance between transparency of this activity and its regulation. The ongoing research suggests that the existing institution of lobbying abroad actually represents the interests of large businesses. The author comes to the reasonable conclusion that lobbying in the format in which it currently exists has negative consequences for entrepreneurship in most foreign countries and in the Russian Federation. This poses an immediate security threat to small, small and medium-sized businesses.
Keywords: lobbying activities, lobbying groups, threat to small and medium-sized enterprises, actions in the interests of big business.
Article bibliography
1. Tagansky M. A brief outline of the history of Russian industry. – St. Petersburg, 1906. – P. 36.
2. The Charter of Vladimir Vsevolodovich for regulating the economy and social sphere of Rus’ (istoriarusi.ru). [Electronic resource]. (date of access: 01/14/2024).
3. What is lobbying? – Professional Association of Institutional Relations. [Electronic resource]. (Accessed: 14.01.2024).
4. Influence Abroad: The state of global lobbying disclosure: Sunlight Foundation. [Electronic resource]. (Accessed: 14.01.2024).
5. Regulating Lobbying – Lobbying Regulation in the North (google.com). [Electronic resource]. (Accessed: 14.01.2024).
6. Regulating Lobbying – Lobbying Regulation in the North (google.com). [Electronic resource].[source]. (date of access: 14.01.2024).
7. 2023 sets new high for midyear lobbying • OpenSecrets. [Electronic resource]. (date of access: 14.01.2024).
8. Zimin V. A., Lukyanova V. V. Economic lobbying in Russia (e-rej.ru). [Electronic resource]. (date of access: 14.01.2024).
9. Zimin V. A., Lukyanova V. V. Economic lobbying in Russia (e-rej.ru) p 6. [Electronic resource]. (date of access: 14.01.2024).
10. The system of supporting legislative activity (duma.gov.ru). [Electronic resource]. (date of access: 14.01.2024).
11. DumaBingo (garaev.space). [Electronic resource]. (date of access: 14.01.2024).
12. DumaBingo (garaev.space). [Electronic resource]. (date of access: 14.01.2024).
13. Top Spenders • OpenSecrets. [Electronic resource]. – Access mode: www.opensecrets.org/federal-lobbying/top-spenders. [Electronic resource]. (date of access: 14.01.2024).
14. Nombre de petites entreprises en France [chiffres clés 2023] (oberlo.fr). [Electronic resource]. (date of access: 14.01.2024).
15. 5 Crazy Facts About Lobbyists / RepresentUs. [Electronic resource]. (date of access: 14.01.2024).
16. Asbestos Claims Transparency Act – American Legislative Exchange Council – American Legislative Exchange Council (alec.org). [Electronic resource]. (date of access: 14.01.2024).
17. Resolution of the Constitutional Court of 27.12.2012 No. 34-P “On the case of verifying the constitutionality of the provisions of paragraph “c” of part one and part five of Article 4 of the Federal Law “On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation” in connection with the request of a group of State Duma deputies.”
18. A manual with answers to questions about the purchase of securities has been prepared for civil servants // SPS Consultant plus.
19. A law on lobbying may appear in Russia / Articles / Izvestia (iz.ru). [Electronic resource]. (date of access: 14.01.2024).
20. Pappe Ya. Sh., Galukhina Ya. S. Russian big business: the first 15 years. Economic Chronicles 1993-2008 [Text]; State University – Higher School of Economics. – M.: Publ. house of the State University Higher School of Economics, 2009. – P. 26.
ADMINISTRATIVE LAW
MATYUKHINA Marina Gennadjevna
adjunct of Management of the activities of units for ensuring the protection of public order sub-faculty of the Center of Command and Staff Exercises of the Academy of Management the MIA of Russia
ON THE QUESTION OF SOME PROBLEMS OF THE FORMATION OF ADMINISTRATIVE DELICTOLOGY IN THE RUSSIAN DOCTRINE
In the article, the author attempts to scientifically comprehend a number of factors influencing the formation of Russian delictological science. The problems of the development of Russian delictology and the difficulties associated with the implementation of relevant results in the practical activities of administrative jurisdiction bodies are clearly shown. In addition, the need for further research of an appropriate orientation is justified.
Keywords: administrative law, administrative offense, delict, delictology, delictological science.
Article bibliography
1. Nikulin M. I. Prevention of administrative offenses (delicts) and reduction of administrative delict // Power and management in the East of Russia. – 2012. – No. 2 (59). – P. 145-149.
2. Criminology: Textbook for university students studying in the specialty “Jurisprudence” / [scientific ed. – N. F. Kuznetsova, V. V. Luneev]. – 2nd ed., revised and enlarged. – M.: Wolters Kluwer, 2004. – 629 p.
3. Remnev V. I. On the necessity of tort law. – In the book: Socialist legality in public administration. – M.: Nauka, 1979. – Pp. 180-184.
4. Dubinin N. P., Karpets I. I., Kudryavtsev V. N. Genetics, behavior, responsibility: on the nature of antisocial acts and ways to prevent them. – M.: Publishing house of political literature, 1989. – 352 p.
5. Zharov S. N. On the social determination of antisocial behavior // Economic and spiritual foundations of personality development. – Voronezh: Voronezh State University, 1979. – P. 135-142.
6. Baimbetov A. A. Social planning as a mechanism for managing the process of combating antisocial phenomena and preventing antisocial behavior (theoretical, methodological and methodological issues): Abstract of a PhD thesis. – Alma-Ata, 1990. – 34 p.
7. Genzyuk E. E. Administrative tort: diss. – M., 2001. – 324 p.
8. Deriuga A. N. Actual issues of development of the science of administrative tort: diss. – Cand. of Law. – Khabarovsk, 2002. – 181 p.
9. Myshlyaev N. P. Theoretical and applied foundations of administrative tort: diss. … doctor of law. – M., 2004. – 46 p.
10. Nikulin M. I. Problems of the science of administrative tort: diss. … doctor of law. – M., 2005. -461 p.
11. Lozbyakov V. P. Criminological foundations of administrative-jurisdictional activities of the Russian police: Abstract of a PhD thesis in Law. – Moscow, 1996. – 40 p.
12. Solovey Yu. P. Legal regulation of police activities in the Russian Federation. – Omsk, 1993. – 501 p.
ADMINISTRATIVE LAW
TONKOSHTAN Anastasiya Ruslanovna
student of the 2nd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
strong>SOKOLOVA Elizaveta Mikhaylovna
student of the 2nd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ADMINISTRATIVE INTERNET OFFENSES: WAYS TO IDENTIFY AND PREVENT THEM
This article discusses some types of Internet offenses and problems of regulating administrative legal relations on the Internet. In the course of analyzing existing problems in eliminating such offenses, various ways to identify and prevent them were proposed, and the causes of administrative offenses committed on the Internet were analyzed. In the modern information society, the use of the Internet has become an integral part of our daily life. However, with the increase in online activity, more and more cases of administrative offenses in the Internet are arising. This article discusses the main ways to identify and violate administrative Internet offenses, and also offers prospects for preventing and combating them. To implement the proposed methods of identifying and preventing these offenses, a proposal is made to change the legal regulation of administrative legal relations on the Internet.
Keywords: administrative legal relations, administrative Internet offenses, methods for identifying administrative offenses, the Internet, administrative responsibility.
Article bibliography
1. Gromovik V. Yu. Administrative offenses on the Internet: essence, classification, preventive measures // Higher education for the 21st century: the role of humanitarian education in the context of technological and socio-cultural changes. – 2019. – P. 762-767.
2. Romantsova A. A. Some problems of administrative offenses committed on the Internet // Forum of young scientists. – 2022. – No. 11 (75). – P. 159-163.
3. Bezruchko E. V., Rysay B. G. Some problems of administrative liability in the field of communications and information // YuP. – 2020. – No. 1 (92). – P. 180-185
4. Shulga A. V., Chernov Yu. I., Sokol A. V. Development of the domestic system of crimes with administrative prejudice: a step forward or two steps back? // Bulletin of the Criminal Procedure Code of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (49). – P. 14-19.
5. Kapinus O. S. Administrative prejudice in criminal law: problems of theory and practice // Journal of Russian Law. – 2019. – No. 6. – P. 78-86.
6. Vishnyakova N. V. Crimes with administrative prejudice: problems of legislative and law enforcement nature // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (34). – P. 5-12.
7. Novgorodov D. A. Commission of an administrative offense on the Internet as a qualifying feature // NB: Administrative law and administration practice. – 2022. – No. 2. – P. 51-60.
8. Dzhafarova N. T. Administrative and legal regulation of relations developing in the Internet space // Legal science and law enforcement practice. – 2020. – No. 4 (54). – pp. 74-81.
CIVIL LAW
ABDUJALILOV Abdujabar
Ph.D. in Law, associate professor, Head of the Department of Private Law of the Institute of Philosophy, Political Science and Law of the Academy Sciences of the Tajikistan
DIGITAL LAW IN THE CONTEXT OF THE CIVIL CODE OF THE REPUBLIC OF TAJIKISTAN
The new version of the Civil Code of the Republic of Tajikistan was adopted in December 2022. The practice of applying voluminous and multi dimensional normative legal acts shows that their content often cannot be ideal. This also happened when the new Civil Code was adopted. In some cases, the new version of the Code contains provisions that are currently neither theoretically nor normatively defined. We are talking about the concept of digital law as an object of sale included in the Code. Based on the results of the analysis of the place of digital law, the author states that the legal provision of digital law given in the code does not correspond to the general scientific concept of digital law. Digital law is not an object of purchase and sale, its legal characteristic is broader than the object of law.
Keywords: Code, law, digital law, digital assets, cryptocurrency, bitcoin, blockchain, token.
Article bibliography
1. Abdujalilov A. Digital law: criticism of the definition // Academic Law Journal. – Dushanbe, 2023. – No. 1 (45).
2. Abdujalilov A. Money on the Internet. Legal problems of cryptocurrencies / Academic Law Journal. – Dushanbe, 2019. – No. 3 (31).
3. Vasilevskaya L. Yu., Poduzova E. B., Tasalov F. A. Digitalization of civil turnover: problems and development trends (civilistic study): monograph. / Ed. L. Yu. Vasilevskaya. – Moscow: Prospect, 2022.
4. Vigna P., Casey M. The Age of Cryptocurrency. How Bitcoin and Blockchain Are Changing the World Order. – Moscow: Mann, Ivanov and Ferber, 2018.
5. Civil Code of the Russian Federation. – Moscow: Omega-L, 2021.
6. Dolbysheva O. N. Problems of Legal Regulation of Digital Assets. – In the collection “Digitalization of Public Law”. – Moscow: RG-Progress, 2019.
7. Objects of Civil Turnover / Ed. by T. V. Deryugina and L. A. Chegovadze. – Moscow: Prospect, 2023.
8. Law of the Digital Environment: Monograph / Ed. T. P. Podshivalova et al. – Moscow: Prospect, 2022.
9. Puchkov V. O. Civilistic Doctrine of the Digital Age: Methodological, Theoretical and Applied Problems. Monograph. – M.: Prospect, 2020.
10. Digital Law. Textbook / Under the general editorship of V. V. Blazheev et al. – M.: Prospect, 2022.
11. Matuzov M. I., Malko A. V. Theory of State and Law. Textbook. – M.: Delo, 2009.
CIVIL LAW
GASANOVA Aynar Mugachirovna
magister student of the 2nd course of the Institute of Law of the Dagestan State University, Makhachkala
AKHMEDOVA Zamira Akhmedovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE ISSUE OF IMPLEMENTING HOUSING RIGHTS FOR ORPHANS AND CHILDREN LEFT WITHOUT PARENTAL CARE
The article examines the issue of housing provision for orphans and children left without parental care in the Russian Federation. Since the implementation of the decree on the Decade of Childhood, attention has been paid to protect their rights. However, many initiatives are planned to be completed only by 2027. The author emphasizes the need to improve the housing provision system for this category of children and discusses factors affecting delays in this process, such as organizational and legislative issues.
Keywords: orphans, children without parental care, housing rights, social adaptation, government funding.
Article bibliography
1. Tatarintseva E. A. Features of the legal status of persons from among orphans and children left without parental care // Social and legal notebook. – 2020. – No. 10. – P. 98.
2. Maksimkina AV Housing rights of orphans and children left without parental care // Lebedev readings: Collection of articles based on the materials of the XXIII All-Russian scientific and practical conference dedicated to the 90th anniversary of the birth of V. I. Lebedev and the 350th anniversary of the birth of Peter I Penza, April 14, 2022. – P. 240.
3. Demirchyan OK Housing rights of orphans and children left without parental care // Problems of lawmaking in the light of modern reform processes: Collection of articles based on the results of the International scientific and practical conference Sterlitamak, March 17, 2018. – P. 58.
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
SAMSONOV Evgeny Dmitrievich
postgraduate student of the Samara State University of Economics
GENERAL RESULTS OF THE REFORM THE INSTITUTE OF CONDITIONAL PERFORMANCE OF OBLIGATIONS
The article is devoted to a brief summary of the reform of one of the institutions of the law of obligations, the normative regulation of which appeared as a result of changes to the Civil Code of the Russian Federation in 2015. Along with the provisions on conditional transactions and counter-performance of obligations, the general part of the law of obligations was supplemented with the provisions of Art. 327.1 on conditional fulfillment of an obligation. The change in the general part of the law of obligations did not go unnoticed by the scientific community; a large number of publications immediately appeared in which civil scientists discussed the legal nature of the conditional fulfillment of an obligation, its relationship with other institutions, as well as the practical consequences of updating the general part of the Civil Code of the Russian Federation. While attempts were made to fill the “doctrinal vacuum” caused by the absence of any theoretical considerations on this issue in Russian civil law, approaches to the application of the new institution were gradually taking shape in judicial practice. So what are the general results that can be summed up after almost nine years since the update of the general part of the law of obligations and the introduction of the institution of conditional performance of obligations?
Keywords : conditional fulfillment of an obligation, conditional transaction, potestative conditions, suspensive conditions, resolutive conditions.
Article bibliographic list
1. Deltsova N. V. ., Samsonov E. D. Current problems of application of the institution of conditional fulfillment of obligations // Eurasian Legal Journal. 2023. No. 5 (180). P. 163-167.
2. Egorov A. V. Polysemy of the concept of obligation: practical aspect // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2011. No. 4. P. 23-42.
3. Performance and termination of an obligation: commentary to Articles 307-328 and 407-419 of the Civil Code of the Russian Federation [Electronic publication. Revision 2.0] / Responsible editor A. G. Karapetyan. Moscow: M-Logos, 2022. 1496 p. – (Comments on the civil legislation #Gloss.)
4. Kotsar Yu. A. Obligation with conditional performance: main aspects of differentiation with related civil law institutions // Business and Law. 2023. No. 9. P. 3-16.
5. Ostapova E. A. The relationship between the legal structures of a transaction concluded under a condition and the conditioned fulfillment of an obligation // Scientific notes of the Crimean Federal University named after V. I. Vernadsky Legal sciences . 2023. Vol. 9 (75). No. 1. P. 293-301.
6. Transactions, representation, limitation period: article-by-article commentary to articles 153-208 of the Civil Code of the Russian Federation [Electronic publication. Edition 1.0] / Ed. A. G. Karapetyan. M.: M-Logos, 2018. 1264 pp.
CIVIL LAW
KARPIKOVA Lyudmila Valerjevna
senior lecturer of Civil law and civil process sub-faculty of the North-Western Institute (branch) of the O. E. Kutafin Moscow State Law University (MSAL), Vologda
A BRANCH OF A LEGAL ENTITY AS AN INSTRUMENT OF ITS SPECIAL ORGANIZATION
The article discusses certain problems of law enforcement practice related to the civil law concept of a branch of a legal entity. The author analyzes the special relations of representation that arises between a legal entity and the head of a branch that is part of the structure of a legal entity, emphasizing the need for a clearer approach by the legislator to the use of the concept of “a separate division of a legal entity”. The signs of a branch specified in Article 55 of the Civil Code of the Russian Federation are interpreted by judicial practice in connection with the fact of the actual activities of the corresponding division, without which the branch will not be considered created. At the same time, the presence of branches in the organizational structure of a legal entity affects the peculiarities of the legal personality of the legal entity itself, and therefore the specified division cannot be recognized as equal to other structural divisions of the legal entity. /p> Keywords: separate subdivision of a legal person, territorial remoteness, branch and representative office, structural subdivision.
Article bibliography
1. Myskin A. V. Branch of a legal entity: organizational and legal aspects of activity // Notary. – 2012. – No. 1.
2. Karpikova L. V. Development of theoretical and legislative ideas about separate divisions legalpersons // Eurasian Law Journal. – 2014. – No. 6 (73).
CIVIL LAW
LINNIKOV Alexander Sergeevich
Ph.D. in Law, lawyer of the Bar Association of the Moscow region “Linnikov and Partners”, Chairman of the Board of the Association of Participants in the payment services market “Non-profit Partnership “National Payment Council”
CONTROL AND SUPERVISION ACTIVITIES OF THE CUSTOMER UNDER THE CONSTRUCTION CONTRACT
The paper considers the specifics of the implementation of the customer’s control and supervisory activities within the framework of a construction contract. It is proved that the control and supervisory activities of the customer under the construction contract can be expressed in various formats, which are only provided for by the terms of the contract and the lack of legislative regulation of this issue. The author’s conclusions are based on an analysis of current legislation, judicial practice and existing doctrinal approaches to the problem under consideration.
Keywords: civil law control, construction contract, control and supervisory activities, management.
Article bibliography
1. Gutnikov O. V. On the issue of the legal nature of subjective corporate law // Journal of Russian Law. – 2017. – No. 3. – P. 54-65.
2. Gutnikov O. V. Corporate liability in civil law. – M .: IZiSP, CONTRACT, 2019. – 488 p.
3. Gutnikov O. V. Management contracts in civil law // Avkhadeev V. R., Astashova V. S., Andrichenko L. V. et al. Contract as a general legal value. – M .: IZiSP, Statut, 2018. – 381 p.
4. Gros L. On the jurisdiction of corporate disputes // Entrepreneurial law. – 2007. – No. 4.
5. Kulichev R. B. Legal regulation of contract work for state needs. – M.: Yustitsinform, 2016. – 192 p.
6. Commentary on the Civil Code of the Russian Federation, part two (article by article) / G. E. Avilov, M. I. Braginsky, V. V. Glyantsev et al.; edited by O. N. Sadikov. 5th ed., corr. and add. using judicial and arbitration practice. – M.: CONTRACT, INFRA-M, 2006. – 987 p. @@ Braginsky M. I., Vitryansky V. V. Contract law. Agreements for the performance of work and the provision of services. Corr. and add. ed. – M.: Statut, 2002. – Book. 3. – 1055 p.
7. Gurova E. A. Manifestation of creditor obligations in various contractual obligations // Laws of Russia: experience, analysis, practice. – 2019. – No. 7. – P. 35-38.
8. Makarov O. V. Obligations of the contractor under the construction contract: problems of improving the law and practice // Advocate practice. – 2010. – No. 3. – P. 8-14.
CIVIL LAW
LITYAGINA Alla Sergeevna
senior lecturer of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
KOKOVA Liana Ruslanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
CURRENT ISSUES OF REGULATION OF THE ILLEGAL LABOR MARKET IN THE RUSSIAN FEDERATION
A difficult socio-economic situation has developed in the Russian Federation under the influence of severe pressure pressure. These negative trends were also reflected in the labor market. The illegal labor market began to grow in 2023, which is explained by a certain range of social and economic reasons. It is obvious that the functioning and growth of the illegal labor market, in turn, has a negative impact on economic development. The article examines the negative consequences of the growth of the illegal labor market and the measures taken in some European countries. Particular attention is paid to regulatory instruments used in Russia. Regulation of the illegal market requires government influence through a regulatory mechanism. The presence of such problems in the Russian market has led to the need to make certain changes to the regulatory framework governing the labor market and labor relations. A definition of the concept of “illegal employment” appears, which states the fact of the existence of such labor relations in Russia. It is necessary to carry out monitoring activities on the state of the labor market as a whole, which will make it possible to quickly respond to changes through changes in the regulatory mechanism. The development of an effective legislative framework in the field of regulation of labor relations is the foundation for combating the illegal labor market in Russia.
Keywords: labor market, illegal employment, demand, supply, working age, employer, employee, violation, state control, tax legislation.
Article bibliographic list
1. Labor codeCS of the Russian Federation of 30.12.2001 No. 197-FZ (as amended on 06.04.2024).
2. Federal Law “On Employment of the Population in the Russian Federation” of 12.12.2023 No. 565-FZ (latest revision).
3. Akyulov R. I. Shadow Labor Market and Economic Security of Russia: Problems and Prospects // Municipality: Economy and Management. – 2020. – No. 3 (32). – P. 97-103.
4. Kuznetsova I. A., Matveeva T. P., Kuznetsova N. A. Practice of Combating the Illegal Labor Market: National and International Legal Aspect // Humanitarian, Socio-Economic and Social Sciences. – 2022. – No. 2. – P. 173-176.
5. Mukhina I. I. Employment and unemployment: crisis or new opportunities // Social and labor research. – 2020. – No. 3 (40). – P. 56-67.
CIVIL LAW
MALENKAYA Ekaterina Andreevna
master of Jurisprudence, Head of the Legal Department of LLC “Synchronization”, Moscow
MALINOVA Anna Grigorjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
FEATURES OF INTERESTS AS ACCESSORIES OF SUBJECTS OF LAW
The civil law analysis of subjective rights and interests as personal belongings reveals the following interesting feature among its other accessories. Subjective rights belong to the group of human belongings that can be alienated, while interests, as well as fundamental rights and freedoms, on the contrary, belong to such a group of accessories that have the properties of inalienability. The paper shows that insufficient attention has been paid to this important circumstance in modern legal research.
Keywords: interest, rights, subjective rights, belonging, subject of law, alienability, inalienability.
Article bibliography
1. Alekseev N. N. Ownership and socialism. An attempt to substantiate the socio-economic program of Eurasianism // Russian philosophy of ownership (XVIII-XX centuries) / Auth.-compiled. K. Isupov, I. Savkin. – St. Petersburg: Ganza, 1993. – 512 p.
2. Vashanova O. V. On the content and legal nature of the principle of non-discrimination of the individual in international law // Russian law journal. – 2003. – No. 4. – P. 121-124.
3. Voltman L. Political anthropology. Research on the influence of evolutionary theory on the doctrine of the political development of peoples / Translated from German. 2nd ed. – M.: White elves, 2000. – 448 p.
4. Glad D. The future evolution of man. Eugenics of the twenty-first century. – M.: Zakharov, 2005. – 176 p.
5. Ilyin I. A. General doctrine of law and state // Ilyin I. A. Collected works. In 10 volumes. Vol. 4 / Comp. and commentary. Yu. T. Lisitsy. – M.: Russkaya kniga, 1994. – 624 p.
6. Ilyin I. A. On the National Vocation of Russia // Ilyin I. A. Collected Works. In 10 volumes. Vol. 7 / Comp. and commentary by Yu. T. Lisitsy. – M.: Russkaya kniga, 1998. – 608 p.
7. Ilyin I. A. Concepts of Law and Power (An Attempt at Methodological Analysis) // Ilyin I. A. Collected Works. In 10 volumes. Vol. 4. – M.: Russkaya kniga, 1994. – 624 p.
8. Ilyin I. A. The Path of Spiritual Renewal // Ilyin I. A. Collected Works. In 10 volumes. Vol. 1 / Comp. and commentary by Yu. T. Lisitsy. – M.: Russkaya Kniga, 1993. – 400 p.
9. Ilyin I. A. The Path of Spiritual Renewal / Comp., author of the foreword, responsible editor O. A. Platonov. – M.: Institute of Russian Civilization, 2011. – 1216 p.
10. Ilyin I. A. The Creative Idea of Our Future // Ilyin I. A. Collected Works. In 10 volumes. Vol. 7 / Comp. and commentary by Yu. T. Lisitsy. – M.: Russkaya Kniga, 1998. – 608 p.
11. Kalamkaryan R. A. Estoppel in International Public Law. – M.: Nauka, 2001. – 236 p.
12. Code of International Private Law (Bustamante Code) // Family Legislation: Information and Reference System. Issue 1. – M.: CD-ROM Publishing House of OOO Media-Service 2000.
13. Commentary on the Family Code of the Russian Federation (educational and practical) / O. G. Alekseeva, L. V. Zayets, L. M. Zvyagintseva et al.; under the general editorship of S. A. Stepanov. – M.: Prospect, 2018. – 352 p.
14. Kulagin M. I. Entrepreneurship and Law: Western Experience // Kulagin M. I. Selected Works. – M.: Statut, 1997. – 330 p. (Classics of Russian civilistics).
15. Leybin V. M. Psychoanalytic anthropology // Bourgeois philosophical anthropology of the twentieth century. – M .: Nauka, 1986. – 296 p.
16. Malinova A. G. “Interest” as a concept of jurisprudence: problems of doctrinal definition // Russian Law Journal. – 2021. – No. 2. – P. 29-42.
17. Malinova A. G. Balance of interests and its “hypostases” in jurisprudence // Russian Law Journal. – 2022. – No. 2. – P. 21-44.
18. Malinova A. G. The concept of “legitimate interests” in family law // Russian Law Journal. – 2001. – No. 1. – P. 62-65.
19. Malinova A. G. Public interests: history, theory and arguments against the use of this term in domestic legislation // Russian Law Journall. – 2023. – No. 1. – P. 65-84.
20. Mordovtsev D. L. Russian women. Biographical essays from Russian history. – M.: Russian Book Chamber. Publishing center, 1993. – 423 p.
21. Legal system of the Netherlands. – M.: Zertsalo, 1998. – 432 p.
22. Radchenko M. V. Improper medical treatment in the reproductive sphere: criminal-legal aspect: author’s abstract. dis. … candidate of legal sciences. – Ekaterinburg, 2002. – 26 p.
23. Chegovadze L. A. System and state of civil legal relations: author’s abstract. dis. … doctor of legal sciences. – M., 2005. – 43 p.
24. Schutz A. Favorites: A world glowing with meaning. – M.: (ROSSPEN), 2004. – 1056 pp.
CIVIL LAW
PARASKEVOVA Svetlana Andreevna
Ph.D. in Law, professor
FEATURES OF THE DESIGN PROJECT AGREEMENT
Every year, the public’s interest in a competent and aesthetic organization of space is growing, this need is reflected in an unnamed design project agreement, the legal regulation and features of which are established to a greater extent by means of judicial practice and its analysis. The essential terms of this agreement and the legal nature are also considered by the doctrine.
It is necessary to consider the essence and features of the design project agreement, the problems of execution, and legislative regulation. Features of the design project of residential and non-residential premises, real estate objects with encumbrances. The article proposes a solution to these problems.
Keywords: design project, terms of reference, judicial practice, real estate.
Article bibliography
1. Volodina A. V. Official work: theory and practice Official work: theory and practice // Bulletin of Chelyabinsk State University. Series: law. – 2022. – No. 7.
2. Zorkoltsev R. D. Interior design: problems of law enforcement. – [Electronic resource]. – Access mode: http://lexandbusiness.ru/view-article.php?id=858/ (date accessed: 05.04.2024).
3. Nadyseva V. M. Some problematic aspects of legal regulation of activities in the field of environmental design // Domestic jurisdiction. – 2020. – No. 3 (42).
4. Rudenko T. Yu. Legal regulation in the field of graphic design: abstract of dis. … candidate of legal sciences: 12.00.03; [Place of protection: Moscow University of the Ministry of Internal Affairs of the Russian Federation]. – Moscow, 2011.
5. Smorodina E. I. Features of the development of a Design project for residential premises // Innovations in science. – 2017. – No. 4 (65).
CIVIL LAW
PERMYAKOV Maxim Vladimirovich
Ph.D. in Law, associate professor of the Ural State University of Economics, Yekaterinburg
BANNYKH Stanislav Germanovich
Ph.D. in philosophical sciences, associate professor, Head of Creative management and humanitarian sciences sub-faculty of the Ural State University of Economics, Yekaterinburg
SARAPULTSEVA Anastasiya Vladislavovna
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Ural State University of Economics, Yekaterinburg
CROWDFUNDING: THE CONCEPT, THE EXPERIENCE OF FOREIGN COUNTRIES AND THE PROBLEMS OF PROMOTION IN RUSSIA. DEVELOPMENT PROSPECTS
The article talks about the concept of crowdfunding, about the problems of crowdfunding in Russia. The examples and experience of foreign countries, namely their promotion in crowdfunding platforms, are considered. Attention is drawn to the gaps in Russian crowdfunding platforms and ways to solve problems are analyzed. Along with this, the authors considered the relevance of using crowdfunding platforms at the current stage of state development in order to create financial attractiveness for sponsors, as an active and interested part of the population in the economic development of the country. As part of the definition of problematic aspects when considering crowdfunding as a phenomenon, algorithms for the most adequate and promising resolution and development of the procedure for its implementation in modern realities are proposed.
Keywords: platform, Internet, funds, financing, sponsor, monetary benefit, project, creator of the idea, reward, monetary equivalent, conventional unit, license, copy, incentive, tool, business, account, PR, marketing.
Article bibliography
1. Kikstarter. [Electronic resource]. – Access mode: https://www.kickstarter.com/
2. Kickstarter – Wikipedia. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Kickstarter.
3. “What is crowdfunding” – Lyudmila Pestereva. [Electronic resource]. – Access mode: https://greedisgood.one/kraudfanding
4. “Why in Russia they don’t believe in crowdfunding” – MikhailZel’din. [Electronic resource]. – Access mode: https://rb.ru/opinion/4-crowd-problems/
5. “Why crowdfunding is unpopular in Russia” – Kirill Kirillov AIR. [Electronic resource]. – Access mode: https://vc.ru/flood/36975-pochemu-kraudfanding-nepopulyaren-v-rossii.
6. “Five reasons to engage in crowdfunding” – Elena Lilenko 07.07.2015 [Electronic resource]. – Access mode: https://yandex.ru/turbo/e-xecutive.ru/s/finance/private/1978709-pyat-prichin-zanyatsya-kraudfandingom.
CIVIL LAW
SAMUSENKO Alexey Dmitrievich
mag ister student of the 2nd course of the Law School of the Far Eastern Federal University, Vladivostok
LEONOV Mikhail Romanovich
assistant of International public and private law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
MEDIATION AS A WAY TO PROTECT THE RIGHTS AND LEGITIMATE INTERESTS OF ENTREPRENEURS.
Mediation is one of the oldest ways to protect human rights, although its relevance still remains at the level of manifestation and state interest. Special interest in this procedure arises at moments of deep and accurate understanding of all the pros and cons. This work is devoted to the mediation method of conflict resolution using the example of entrepreneurial activity. The main problems and disadvantages that seem acceptable in the modern realities of the legal application of this method are highlighted.
Keywords: mediation, mediation agreement, problems of mediation, advantages of mediation
Article bibliographic list
1. Abdullaev K. A., Abramova A. V., Abyzova E. A. et al. Convergence of private law regulation of public relations through the prism effectiveness of law: monograph / Rep. ed. A. N. Levushkin, E. Kh. Nadyseva. M.: Justitsinform, 2023. 672 p.
2. Privalova O. Yu. Corporate agreement. Risk analysis // Economics and business: theory and practice. 2019. No. 4-1. P. 163-166.
3. Rusakova E. P., Frolova E. E., Inshakova A. O. The procedure of mediation in the age of industry 4.0 // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. Cham, 2021. pp. 947-953
4. Frolova E. E., Rusakova E. P. Trends in the development of alternative ways of dispute resolution of neo industrialization subjects // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. Cham, 2021. pp. 1842-1849.
CIVIL LAW
SMOLINA Olga Sergeevna
Ph.D. in Law, Counselor of the Justice 3rd Class, Advisor of the 1nd Class of the State Civil Service of the Russian Federation, Deputy head of the division of viticulture, winemaking and tobacco products of the Department of food and processing industry of Ministry of Agriculture of the Russian Federation
TRANSACTIONS WITH FOREST RESOURCES VIA DIGITAL PLATFORMS IN THE LIGHT OF IMPROVEMENTS OF CIVIL CODE OF THE RUSSIAN FEDERATION AND FOREST CODE OF THE RUSSIAN FEDERATION
The article studies the legal regulation of transactions carried out via digital platforms by the Civil Code of the Russian Federation in the light of the specific features of transactions with forest resources. In order to apply digital platforms to transactions with natural resources, it is suggested to classify transactions with natural resources based on the special property right applicable to natural resources in Russia (Art. 9 of the Constitution of the Russian Federation) by the method of using the resources into transactions without extraction of natural resources and transactions with extraction of natural resources. It demonstrates the essence and specificity of transactions with forest resources carried out via digital platforms with extraction of forest resources in the civil and regulatory aspects. The article points out common material conditions of transactions with forest resources with the extraction of forest resources. Such transactions include: forest lease agreement with extraction of forest resources, woodland sale and purchase agreement, agreement on uncompensated use of forest plot with extraction of forest resources (Articles 29.1, 72, 75 of the Forest Code of the Russian Federation). The study is based on the author’s concept of transactions via a digital platform in the Russian Federation.
Keywords: digital economy, transactions via digital platform, transaction with natural resources, forest
Article bibliography
1. Constitution of the Russian Federation // Rossiyskaya Gazeta. No. 237. December 25, 1993
2. Civil Code of the Russian Federationand (part one) of November 30, 1994 No. 51-FZ // SZ RF. 05.12.1994. No. 32. Art. 3301.
3. Forest Code of the Russian Federation // SZ RF. 11.12.2006. No. 50. Art. 5278.
4. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030” // SZ RF. 15.05.2017. No. 20. Art. 2901.
5. Abova T.E. Transactions in modern civil law. Recognizing them as not concluded or invalid // Transactions in civil and family law, forms of protection of rights and interests of participants in transactions: collection of articles / Ed. T. E. Abova. Moscow: Prospect, 2017. 128 p.
6. Abova T. E. Transactions in Russian civil law. Recognizing them as invalid // Transactions / Ed. T. E. Abova. Moscow: Institute of State and Law of the Russian Academy of Sciences, Academic Law University, 2006. 212 p.
7. Abramov V. V. Contractual regulation of water use in the Russian Federation: author’s abstract. diss. … candidate of legal sciences: Moscow, 2019. 34 p.
8. Bogolyubov S. A. Land legislation and the Concept of development of civil legislation // Journal of Russian Law. 2010. No. 1. Pp. 38-47; SPS “Consultant Plus”.
9. Brinchuk M. M. Special legal regime of natural resources: an essential feature of nature is to be a natural resource // Environmental Law. 2022. No. 3. Pp. 3-9. Consultant Plus.
10. Brinchuk M. M. Special legal regime of natural resources: the concept of nature as a national treasure // Environmental Law. 2021. No. 6. Pp. 3-10. SPS “Consultant Plus”.
11. Bykovsky V. K. Use of forests in the Russian Federation: legal regulation. Moscow: Wolters Kluwer, 2009. 232 p. SPS “Consultant Plus”.
12. Galishin E. U. Features of leasing forest areas: author’s abstract. dis. … Cand. of Law. Moscow, 2008. 33 p.
13. Dubovik O. L. Formation of Environmental Policy: History, Achievements, Trends and Objectives (Analysis of the Theoretical Heritage of O. S. Kolbasov) // Environmental Law. 2007. No. 6. Consultant Plus.
14. Ioffe O. S. Law of Obligations. Moscow: Legal Literature, 1975. 880 p.
15. Peretersky I. S. Transactions, Agreements. Scientific Commentary on the Civil Code of the RSFSR / Ed. by S. M. Prushitsky, S. I. Raevich. Issue V. Moscow: Legal Publishing House of the People’s Commissariat of Justice of the RSFSR, 1929.
16. Sadikov O. N. Invalid and Failed Transactions // Legal World. 2000. No. 6. Pp. 7-11.
17. Sadikov O. N. Some Provisions of the Theory of Soviet Civil Law // Soviet State and Law. 1966. No. 9. Pp. 15-24. Quoted from: V. V. Laptev Entrepreneurial (Business) Law. Selected Works. Yekaterinburg: Business, Management and Law, 2008.
18. Smolina O. S. The Concept of Transactions through a Digital Platform in Light of the Improvement of the Civil Code of the Russian Federation // Eurasian Law Journal. 2019. No. 8. Pp. 120-126.
19. Khalfina R. O. Commentary on Art. 166 of the Civil Code of the Russian Federation with amendments and add. Korshunova N. M. // Scientific and Practical Commentary on the Civil Code of the Russian Federation. In 2 volumes. Volume 1, Parts I and II of the Civil Code of the Russian Federation / Ed. by T. E. Abova, A. Yu. Kabalkin. – 7th ed., revised and enlarged. Moscow: Yurait Publishing House, 2012. 923 p.
20. Resolution of the Constitutional Court of the Russian Federation of 09.01.1998 No. 1-P “On the case of verifying the constitutionality of the Forest Code of the Russian Federation” // Collected Legislation of the Russian Federation. 19.01.1998. No. 3. Art. 429.
21. Resolution of the Arbitration Court of the Urals District dated 10.03.2023 No. F09-688/23 in case No. A60-20268/2022 // SPS Consultant Plus.
22. Resolution of the Arbitration Court of the West Siberian District dated 02.05.2023 No. F04-1102/2023 in case No. A70-11929/2022 // SPS Consultant Plus.
23. Resolution of the Arbitration Court of the Far Eastern District dated 04.10.2022 No. F03-4209/2022 in case No. A04-10002/2021 // SPS Consultant Plus.
24. Resolution of the Arbitration Court of the Far Eastern District dated October 31, 2022 No. F03-5031/2022 in case No. A37-2702/2021 // SPS Consultant Plus.
25. Rohn D., Bican P. M., Brem A., Kraus S., Clauss T. Digital platform-based business models – An exploration of critical success factors // Journal of Engineering and Technology Management, Volume 60, April–June 2021, 101625. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/abs/pii/S092347482100014X (date of visit: 16.01.2024).
26. Muzellec L., Ronteau S., Lambkin M. Two-sided Internet platforms: A business model lifecycle perspective // Industrial Marketing Management, Volume 45, February 2015, Pages 139-150. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/abs/pii/S0019850115000474 (date of access: 16.01.2023).
27. Shivakumar S. K., Sethii S. Building Digital Experience Platforms: A Guide to Developing Next-Generation Enterprise Applications. Apress. 2019. 378 p.
28. [Electronic resource]. – Access mode: https://hsbi.hse.ru/articles/tsifrovye-platformy/ (date of access: 17.01.2023).
CIVIL LAW
STARTSEVASvetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
POSSIBLE WAYS TO IMPROVE THE LEGISLATION ON GUARDIANSHIP AND GUARDIANSHIP IN THE RUSSIAN FEDERATION
The relevance of improving legislation on guardianship and guardianship is determined by the fact that despite a fairly long time period of the existence of the institution of guardianship and guardianship in the legislation of the Russian Federation and extensive law enforcement practice, there are still a number of issues requiring more detailed understanding, which cause a lot of controversy, both in the theory of civil and family law and in law enforcement practice. The effectiveness of legal protection of the legitimate interests of citizens depends on the definition of criteria for worthy and competent guardians and trustees. The degree of legal protection of the rights of wards shows the level of development of the state. There are several opinions about the legal nature of guardianship and guardianship. These circumstances require further research by the Institute of Guardianship and Guardianship. In the course of the work carried out, an analysis of the civil studies of the Institute of Guardianship and Guardianship and a systematic analysis of legislation were carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary at the legislative level to consolidate the possibility of appointing fully capable siblings to minor siblings as guardians/guardians of their minor siblings, or to provide them with the opportunity to fully participate in the lives of underage incapacitated siblings; the need to expand the grounds for termination of custody of a child of minor parents; unification of legislation by introducing a common terminology, principles and goals of establishing guardianship and guardianship.
Keywords: guardianship, guardianship, minors, limited legal capacity, incapacitated, guardianship and guardianship authority .
Article bibliographic list
1. Rybalka E. A., Kazantseva E. V. Legal regulation of guardianship and trusteeship institutions in Roman law and modern Russia // Jurist – Pravoved. 2019. No. 4 (91).
2. Ermolaeva T. A. Private law aspects of regulating guardianship and trusteeship relations // Bulletin of SSLA. 2019. No. 6 (131).
3. Kagiyev A. M. Legal nature of guardianship and trusteeship in the Russian Federation // Bulletin of Science. 2021. No. 2 (35).
4. Nintsieva T. M., Mashukova E. M. Analysis legal regulation of guardianship and trusteeship in Russia // Law and state: theory and practice. 2023. No. 6 (222).
5. Menyailo L. N., Tishchenko I. V., Menyailo D. V. Legal status minor parents. Law and state: theory and practice. 2023. No. 11 (227).
6. Maslak I. N. On the issue of the problem of legal regulation of guardianship and trusteeship over minors // International journal of humanitarian and natural sciences. 2020. No. 12-3.
7. Umarova M. A., Karamurzova I. B. Features of domestic legal policy in the field of guardianship and trusteeship // Law and state: theory and practice. 2023. No. 3 (219).
8. Rakhvanova D. N. Prospects for the development of the institution of guardianship and trusteeship in Russia // Interactive Science. 2022. No. 7 (72).
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
CHERDAKOVA Larisa Anatoljevna
Ph.D. in Law, associate professor, Head of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
CURRENT ISSUES OF COMPENSATION FOR HARM IN JUDICIAL PRACTICE
The article discusses issues related to compensation for harm in judicial practice. Law enforcement activities do not always reflect the unambiguous position of the courts in similar cases of compensation for harm, which creates discussions of both a theoretical and practical nature. The legal doctrine indicates the need to rethink the legal categories that relate to the institution of compensation for harm. The Supreme Court of the Russian Federation almost every year publishes a review of the practice of considering disputes related to compensation for harm, however, the courts continue to encounter certain difficulties in resolving this category of cases.
Keywords: harm, compensation for harm, moral damage, compensation, recovery, criteria, guilt.
Article bibliographic list
1. Eremin N. V., Goncharov A.I. Responsibility of the parties under an agreement for the provision of medical services for a feeservices // International Journal of Humanities and Natural Sciences. – 2024. – No. 2-3 (89). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otvetstvennost-storon-po-dogovoru-vozmezdnogo-okazaniya-meditsinskih-uslug (date of access: 07/14/2024).
2. Soloviev V. Yu. Procedural features of determining the form and amount of compensation for moral damage as a way to protect civil rights // Education and Law. – 2022. – No. 10. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/protsessualnye-osobennosti-opredeleniya-formy-i-razmera-kompensatsii-moralnogo-vreda-kak-sposoba-zaschity-grazhdanskih-prav (date of access: 10.18.2023).
CIVIL LAW
TOKAREV Alexander Maximovich
student of the Far Eastern Federal University, Vladivostok
ON SOME PROBLEMS RELATED TO LEGAL REGULATION OF FINDINGS IN CIVIL LEGISLATION
The article studies the problems arising in the context of legal regulation of finds in civil legislation. The author analyzes the existing norms and provisions relating to the legal regime of finds and identifies contradictions and ambiguities that may arise in resolving disputes on this issue. The article also considers the concepts and key features of a find. Particular attention is paid to possible ways of improving the legislation in order to provide a clearer and more effective regulation in civil circulation
Keywords: find, civil law, property right, problems of legal regulation.
Article bibliographic list
1. Narushevich A. S. The concept and essence of a find in domestic legislation // Bulletin of the KRU of the Ministry of Internal Affairs of Russia. 2015. No. 3 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-suschnost-nahodki-v-otechestvennom-zakonodatelstve (date of access: 11.04.2024).
2. Ulimaev R. Yu., Cheretskikh A. V. Issues of legal regulation of reward for a find // Agrarian and land law. 2023. No. 11 (227). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-pravovogo-regulirovaniya-voznagrazhdeniya-za-nahodku (date of access: 11.04.2024).
3. Ryabinin N. A., Filipson K. Yu. The relationship between theft and discovery: issues of theory and practice // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2021. No. 3 (91). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sootnoshenie-krazhi-i-nahodki-voprosy-teorii-i-praktiki (date of access: 11.04.2024).
4. Galiullina R. Kh., Ulimaev R. Yu. Nakhodka and stray animals: a comparative analysis of civil legislation // Agrarian and land law. 2023. No. 9 (225). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nahodka-i-beznadzornye-zhivotnye-sravnitelnyy-analiz-grazhdanskogo-zakonodatelstva (date of access: 16.04.2024).
5. Khilyuta V. V. The nature of the find and its significance for determining the criminal illegality of the appropriation of the found property // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. 2018. No. 4. (108). [Electronic resource]. – Access mode: https://elib.grsu.by/doc/47683 (date of access: 04/16/2024)
CIVIL LAW
TRUSOV Fyodor Nikolaevich
student of the professional retraining program in the direction of “Management” “Management of law business” for obtaining a professional degree “Doctor of Legal Administration”
ON THE ISSUE OF THE SYSTEM OF MANAGEMENT BODIES OF THE LAW OFFICE
The article is devoted to the study of the system of governing bodies of a law office as an institution of partnership in advocacy. The author analyzed the essence and main elements of the system of governing bodies of a law office, and classified the governing bodies according to various criteria.
Keywords: law office, partnership management system, general meeting, managing partner, sole executive body.
Article bibliography
1. Solovieva S. V. Models of managing the activities of a non-profit legal entity // Journal of Russian Law. – 2017. – No. 3. – P. 73-81.
2. The role of the managing partner in the organization and work of a law firm // [Electronic resource]. – Access mode: https://lfacademy.ru (date of visit: 02/22/2024).
3. Shitkina I. S. Executive bodies of a business entity: monograph. – M.: Statute, 2022. – P. 316.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
LEGAL FEAT URES OF THE ORGANIZATION AND CONDUCT OF PLASTIC SURGERY IN RUSSIAN PLASTIC SURGERY CLINICS FOR FOREIGNCITIZENS LIVING ABROAD
The article discusses the concept and types of plastic surgery, and examines the phenomenon of medical tourism, including in Russia. The peculiarities of the legal regulation of medical care in Russia for foreign citizens are revealed. It was revealed that foreign citizens who arrived on the territory of Russia for the purpose of performing plastic surgery on a planned basis conclude contracts with clinics for the provision of paid medical services, the content of the rights and obligations of the parties under which generally does not differ from the rights and obligations of the parties under similar agreements between Russian contractors. It is noted that foreign citizens temporarily staying in the Russian Federation cannot count on free medical care under the compulsory medical insurance system and, when receiving emergency medical care (including in the field of plastic surgery), must apply for a voluntary medical insurance policy. The problem of financing medical services provided to foreign citizens temporarily staying in Russia is outlined, which consists in the absence of a mandatory or voluntary medical insurance policy for this citizen or a member of his family, or the non-coverage of real expenses for the treatment of a foreign citizen with the acquired policy.
Keywords: plastic surgery, medical care, surgery, medical tourism, contract, foreign citizen, customer, clinic, voluntary medical insurance policy .
Article bibliographic list
1. Valisheva A. L. Foreign citizens as subjects of the right to health protection and medical care // Economics, sociology and law. 2020 . No. 12.
2. Gorovenko S. V. Providing medical care to foreign citizens // University Medicine of the Urals. 2022. Vol. 8. No. 4 (31).
3. Seleznev V. D. Medical tourism and its development in modern conditions // Bulletin of the National Academy of Tourism. 2012. No. 4 (24).
4. Sergeev Yu. D., Aleksandrova O. Yu., Nasyrova A. N. On organizational and legal aspects of providing medical care to foreign citizens (using the example of cases with pathology of the maxillofacial region) // Medical law. 2014 . No. 3.
5. Strebkova E. G. Problems of implementing the right of foreign citizens and stateless persons to health protection and medical care // Bulletin of the Saratov State Law Academy. 2020. No. 5 (136).
6. Suleimanova F. O. Problems of realization of the right to medical care by workers from the EAEU member states in the Russian Federation. [Electronic resource]. – Access mode: https://dspace.spbu.ru/bitstream/11701/ 38650/1/357-367.pdf.
7. Shepeleva D. A., Tikhomirov A. V. Problems and solutions of legal support of medical tourism // Chief physician: economy and law. 2012. No. 2.
8. Shelyakin V. To Russia for health // Modern insurance technologies // 2023. No. 1.
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in philosophical sciences, professor of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
ON THE ISSUE OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE
Issues related to artificial intelligence are of particular relevance at the present stage of state development. This program is gradually being introduced into all spheres of public life. Moreover, the legislator is implementing step-by-step legal regulation of artificial intelligence; Thus, acts have already been adopted establishing the definition and specifics of the use of artificial intelligence. However, the main feature is that currently there is no single legal act regulating the status of artificial intelligence.
Keywords: artificial intelligence, regulations, digitalization, neural network.
Article bibliography
1. Ignatenko V. A. Ethical problems of introducing artificial intelligence into the life of Russian society: cultural and philosophical aspect // International journal of humanitarian and natural sciences. – 2022 . – No. 2-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/eticheskie-problemy-vnedreniya-iskusstvennogo-intellekta-v-zhizn-rossiyskogo-obschestva-kulturno-filosofskiy-aspekt (date of access: 11.05.2024).
2. Levchenko V. F. Menshutkin V. V. Evolution according to L. A. Orbeli and artificial intelligence // Rus. ornithol. journal. – 2024. – No. 2385. [Electronic resource]. – Access mode: https: //cyberleninka.ru/article/n/evolyutsiya-po-l-a-orbeli-i-iskusstvennyy-intellekt (date accessed)st: 07/12/2024).
CIVIL LAW
BUSLENKO Egor Olegovich
postgraduate student of Civil law and general legal disciplines sub-faculty of the Central Russian Institute of Management – branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Orel
COMPENSATION FOR MORAL DAMAGE IN CASES OF PROTECTION OF BUSINESS REPUTATION OF ENTREPRENEURS
Within the framework of the article, the author analyzes the procedure for compensation for moral damage in cases of protection of business reputation in entrepreneurial activity. The study found that in most cases, plaintiffs overestimate the amount of claims for compensation for moral damage; it is not uncommon for courts to calculate the amount of compensation for moral damage in identical cases, the amounts of which differ tenfold; there is no mechanism in legislation to compensate for expenses incurred by an entrepreneur to restore a damaged reputation. The author has attempted to solve these problems, so he has developed the following mechanism, which can include: conducting advertising campaigns; attracting experts; placing additional information on the packaging, etc. The author also considers it possible to amend the title and text of Article 1100 of the Civil Code of the Russian Federation, replacing the word “moral” harm with “immaterial”.
Keywords: business reputation, moral damage, entrepreneur, judicial practice.
Article bibliographic list
1. Buzurnyuk I. G. Protection of honor, dignity and business reputation in Russia civil law // Synergy Sciences. – 2022. – No. 77. – P. 466-478.
2. Vylegzhanina E. V., Sherstobitova M. A. Assessment of the business reputation of an organization // International Journal of Humanities and Natural Sciences. – 2019. – No. 2 -2. – P. 68-70.
3. Rozhkova M. A. Judicial practice in cases of protection of business reputation of legal entities and entrepreneurs // Business and Law. – 2010. – No. 2. – P. 45 -49.
4. Trilenko O. S. The concept of “moral damage” in modern civil legislation of Russia // Integration of sciences. – 2018. – No. 7 (22). – P. 116-119.
5. Shashurina A. G. Problems of the concept of moral damage in civil law // Alley of Science. – 2019. – Vol. 3. No. 6 (33). – P. 472-474 .
CIVIL LAW
VINICHENKO Yuliya Varazdatovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Baikal State University, Irkutsk
THE DIGITAL FORM OF CIVIL CIRCULATION FUNCTIONING
In the development of the author’s idea of the need to distinguish the actual and legal forms of functioning of civil circulation, consisting in the change of owners of circulation objects, and determined by the shape of the objects being wrapped, the thesis about the actual, and not the legal nature of the actions of the subjects participating in the circulation in the digital environment is substantiated. Based on this, it is concluded that the digital form of the change in the owners of objects (through electronic and digital technologies or exclusively in the digital environment) should be attributed to the actual form of the functioning of civil circulation.
Keywords: civil circulation; functioning of civil circulation; forms of functioning of civil circulation; digital form of functioning of civil circulation; actual and legal forms of functioning of civil circulation; digitalization.
Article bibliography
1. Zhigas M. G., Kuzmina S. N. Blockchain and decentralized monetary system: principles of construction and development paths // Bulletin of the Baikal State University. 2020. Vol. 30. No. 1. P. 79-88.
2. Samarukha V. I., Krasnova T. G., Plotnikova T. N. Development of the digital economy in Russia and the regions of the Siberian Federal District // News of the Baikal State University. 2019. Vol. 29. No. 3. Pp. 476–483.
3. Zheleva O. V. Criteria for the use of information technology in criminal proceedings // Siberian criminal procedure and forensic readings. 2020. No. 3 (29). P. 9-19.
4. Kornakova S.V. Critical assessment of the “digitization” of criminal proceedings // Library of the criminalist. 2018. No. 3 (38). P. 58-63.
5. On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation: Federal Law of 18.03.2019 No. 34-FZ // SZ RF. 2019. No. 12. Art. 1224.
6. National standard of the Russian Federation. Information protection. Identification and authentication. General provisions: approved and put into effect by order of Rosstandart dated 10.04.2020 No. 159-st. Moscow: Standartinform, 2020.
7. GOST R 70262.1-2022 “National standard of the Russian Federation. Information protection. Identification and authentication. Identification trust levels”: approved. and was put into effect by order of Rosstandart dated 05.08.2022 No. 740-st. M.: FGBU “RST”, 2022.
8. Kartskhia A. A. Civil-law model for regulating digital technologies: author’s abstract. dis. … Doctor of Law. Moscow, 2019. 44 p.
9. Kirsanova E. E. Account as an object of civil rights // Bulletin of Arbitration Practice. 2020. No. 2 (87). P. 44 -48.
10. Rozhkova M.A. On the legal aspects of using regtech and suptech technologies // Business and Law. 2020. No. 6. P. 3–12
11. Vasilevskaya L. Yu., Poduzova E. B., Tasalov F. A. Digitalization of civil turnover: problems and development trends (civilistic research): monograph: in 5 tt. T. I / Ed. by L. Yu. Vasilevskaya. M.: Prospect, 2021. 287 p.
12. Vainap V.A. Fundamentals of legal regulation of the digital economy // Law and Economics. 2017. No. 11. P. 5-18
CIVIL LAW
VISLOGUZOV Igor Dmitrievich
postgraduate student of the 2nd course of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SELF-PROTECTION OF COPYRIGHTS TO A WORK ON THE INTERNET, FEATURES AND METHODS OF IMPLEMENTATION
Violation of intellectual property rights with the development of the Internet and the widespread availability of digital technologies has become a widespread and commonplace phenomenon. Legislators around the world have not ignored this problem and have provided copyright holders with many effective mechanisms for protecting their intellectual property rights, but often the copyright holder manages to stop the violation of their rights without going to court or other state-authorized organizations. This article will discuss such a phenomenon as self-defense of civil rights in the field of intellectual property, and will consider possible ways of its implementation and development prospects.
Keywords: civil law, methods of protecting civil rights, copyright, self-defense of law.
Article bibliographic list
1. V. A. Constitutional human right to self-defense in Russian Federation: dis. …cand. legal Sciences: 12.00.02. – Volgograd, 2003. – 230 pp.
2. Savelyev I. E. Blockchain technology and its application // Prand applied informatics. – 2016. – No. 6 (66).
3. Sitnik A. A. NFT As an object of legal regulation // Actual problems of Russian law. – 2022. – No. 12 (145).
CIVIL LAW
ZAKIROV Damir Azatovich
postgraduate student of Civil law and process and private international law sub-faculty of the Faculty of Law of the Academy of Labor and Social Relations
THE REPUBLIC AN PROGRAM “BASHKIR LONGEVITY”: CONTENT AND POTENTIAL FOR DEVELOPMENT
The relevance of the research topic is due to the fact that the active aging of the population in Russia requires an integrated approach to solving the problems of older citizens. In the Russian Federation, numerous programs have been developed at the regional level and at the level of the subjects of the Russian Federation, providing older people with the opportunity to socialize in new social conditions, as well as developing a set of measures for adaptation, a healthy lifestyle, and meeting various social needs for older people. The article provides a comparative analysis of the basic practical measures of the regional active longevity program and considers the possibility of their application for the development of the republican program “Bashkir longevity”.
Keywords: “Bashkir longevity”, active longevity, healthy lifestyle, citizens of the older generation, event programs.
Bibliographic list
1. Current problems of active longevity and quality of life elderly people: Sat. Art. based on the results of the Third Region. scientific-practical conf. – Kaluga: Kaluga State University, 2021. – 198 p.
2. Chausov N. Yu., Gagarina S. N., Chausov N. N. Introduction to strategic management of active longevity: theory, methodology, practice. – Kaluga: Kaluga State University, 2020. – 178 p.
3. Almazova V. A., Buylova I. E. The practice of active longevity as a way to develop the potential of the older generation // Problems of social psychology and social work: Proceedings of the XVIII All-Russian. Paryginsky scientific-practical. conf. – SPb.: St. Petersburg Humanitarian. University of Trade Unions, 2023. – P. 160-162.
4. Svishcheva I. K., Korotkaya I. I. Implementation of the active longevity strategy in the practice of social work with the elderly // Scientific results in social work. – 2022. – Vol. 1. No. 1. – P. 5-13.
5. Chausov N. Yu., Vasiliev I. D. Active longevity and factors of its provision // Russian Economic Bulletin. – 2022. – Vol. 5. No. 2. – P. 210-216.
6. Nesmeyanova I. A. Social services market and active longevity // Self-government. 2019. – Vol. 2. No. 1. – P. 270-272.
7. Rakhmatullina Z. B., Kovrov V. F. The Bashkir Longevity Project within the Framework of the Russian Concept of Active Longevity // Issues of Humanitarian Sciences. – 2022. – No. 3. – P. 26-29.
8. Khalikova E. Longevity in Bashkir // Vatandash. – 2022. – No. 10. – P. 16-27.
9. Rakhmatullina Z. B. The Bashkir Longevity Project as a Way to Form Motivation for a Healthy Lifestyle in the Elderly // Social Work in the Modern World: Theory and Practice: Collection of articles. – Maykop: Adyghe State University, 2023. – P. 256-260.
10. Rakhmatullina Z. B. Problems of Population Aging and the Search for Effective Solutions // Culture, Personality, Society in the Context of Change: New Challenges, Problems, Prospects: Proceedings of the 26th Int. Conf. – Ekaterinburg: Ural State Pedagogical University, 2023. – pp. 435-443.
CIVIL LAW
STARTSEVA Svetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
PROBLEMS OF USING MATERNITY CAPITAL TO IMPROVE HOUSING CONDITIONS
The relevance of improving legislation in the field of the use of maternity capital in order to improve housing conditions is relevant for many citizens who have children and are unable to earn money for these purposes on their own. The opportunity to improve housing conditions can also serve as a basis for the implementation of the state’s goals in the field of demographic policy. To improve the demographic situation, the national Demography project was launched. In the course of the work carried out, an analysis of the scientific research of the Institute of Maternity Capital and a systematic analysis of legislation were carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary at the legislative level to fix the possibility of exempting the seller of residential premises from paying income tax if the housing was owned by him less than the established minimum period of ownership, and the buyer uses maternity capital, establishing the size of the shares of children in the purchased housing, not less than the proportional proportion to the amount of invested maternity capital, to introduce a new norm on criteria for improving the life of a ward, etc.
Keywords: family members, minors, maternity capital, improvement of housing conditions, guardianship and guardianship authority.
Article bibliography
1. Chernyshova E. V. Problems associated with the application of the Federal Law “on additional measures of state support for families with children” dated 12/29/2006 No. 256-FZ // Territory of Science. 2019. No. 4.
2. Velieva E. Sh., Gulevich I. V. Maternity capital: current state, certain aspects of the implementation of the right to maternity capital // Modern Science. 2020. No. 2-1.
3. Mironova TK Legal nature of relations on the provision of maternity (family) capital // Issues of Russian and International Law. 2019. Vol. 9. No. 10-1.
4. Taybulatova AN Efficiency of the implementation of the “maternity capital” program in Russia // Hypothesis. 2019. No. 1 (6).
5. Markov SN, Alekseeva AV Maternity capital: essence, mechanism, problems and development prospects // Skif. Issues of student science. 2019. No. 8 (36).
6. Petrova R. E. Actual problems of law enforcement in the field of using maternity capital // Actual problems of criminal law, criminology, criminal procedure and penal law: theory and practice: Proceedings of the IX international scientific and practical conference, Tambov, April 23-24, 2020 / Editorial board: E. Yu. Kuzmenko [et al.]. Tambov: Derzhavinsky Publishing House, 2020.
7. Baikina Yu. O., Koltunov A. L. Problems of using maternity capital to improve the housing conditions of families // News of universities. Sociology. Economics. Politics. 2021. No. 3.
8. Kovaleva O. A., Pyshnova E. S. Implementation of some principles of housing law in the aspect of the implementation of the rights of minors in housing and civil legal relations // Century of quality. 2022. No. 2.
CIVIL LAW
FILYAKOV Ruslan Alexeevich
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
INST ITUTE FOR THE PREVENTION OF HARM IN RUSSIAN CIVIL LAW
The article discusses the problems of the institution of harm prevention in Russian civil law. The author examines the legal nature of this institution, its features, as well as doctrinal approaches to its understanding. It is discussed that the prohibition of actions or suspension of activities that entails a threat of harm cannot be considered as a measure of civil liability. The correlation of this institution with tort law is under investigation. The existence of special predelict relations in the event of a threat of harm is substantiated, and their key signs are also investigated.
Keywords: obligation, tort, method of protection, predelict relations, protective legal relations, civil legislation.
Article bibliography
1. Bogdanov D. E. Evolution of civil liability. Experience of comparative legal research: Monograph. – M .: UNITY-DANA, 2011. – 119 p.
2. Civil law and process. Selected works / E. A. Krasheninnikov [et al.]; editor-in-chief Yu. V. Baigusheva. – M.: Yurait Publishing House, 2024. – 1125 p.
3. Ershov O. G. On the Development of the Civil Theory of Non-Contractual Relations to Prevent Damage during Construction // Fundamentals of Economics, Management and Law. – 2013. – No. 2. – P. 128-131.
4. Jourdain P. Principles of Civil Liability // Bulletin of Civil Law. – 2021. – No. 4. – P. 212-241.
5. Claims and Court Decisions: Collection of Articles / R. S. Bevzenko, E. A. Belyanevich, I. A. Voitko et al.; edited by M. A. Rozhkova. – M.: Statut, 2009 // SPS ConsultantPlus.
6. Karkhalev D. N. Mechanism of civil-legal regulation of security relations. – M.: Infotropic Media, 2022 // SPS ConsultantPlus.
7. Krasheninnikov E. A. Interest and subjective civil law // Jurisprudence. – 2000. – No. 3. – P. 133-141.
8. Kukharev A. E. Model of the tort of creating a danger in the civil law of Ukraine // Obligations arising not from the contract: Collection of articles / Ed. M. A. Rozhkova. – M.: Statut, 2015. – 444 p.
9. Malbin D. A. Preventive function of a negatory claim // Actual problems of Russian law. – 2023. – No. 7. – P. 86-90.
10. Senotrusova E. V. Prohibition, suspension and restriction of activities as measures of civil liability: dis. … candidate of legal sciences: 5.1.3. – Perm, 2023. – 191 p.
11. Senotrusova E. M. Institute for the prevention of harm in Russian civil law: current state and areas for improvement // Actualproblems of Russian law. – 2022. – No. 3 // SPS ConsultantPlus.
12. Sinaisky V. I. Russian civil law / Series “Classics of Russian civilistics”. – M.: “Statut”, 2002. – 638 p.
13. Fleishits E. A. Selected works on civil law. In 2 vols. Vol. 2. – M.: Statut, 2015. – 720 p.
14. H. Koziol. Prevention under Tort Law from a Traditional Point of View. Jiři Hrádek (eds.), Prevention in Law, Prague: Centrum právní komparatistiky Právnické fakulty Universitá Karlovy v Praze (Charles University Prague; ISBN 978-80-87146-90-3) 2013, pp. 133-157.
15. Gribanov V. P. Interest in Civil Law // Soviet State and Law. – 1967. – No. 1. – P. 49-56.
16. Gribanov V. P. Implementation and Protection of Civil Rights: Monograph. – 2nd ed. – M.: Statute, 2022. – P. 372.
CIVIL LAW
YAKIMUSHKINA Mariya Andreevna
postgraduate student, candidate for the degree of candidate of legal sciences of Civil law sub-faculty of the I. M. Gubkin Russian State University of Oil and Gas
TRANSACTION IN RUSSIAN CIVIL LAW. TO THE QUESTION OF THE CONCEPT
The article considers the legal nature of the transaction on the basis of the study of normative and other sources. The author analyzes the concept, nature and essence of the transaction in modern Russian civil legislation. Draws conclusions and characterizes the transaction as a type of legal act. Analyzes the civil legislation in force in the country on the subject of conceptual analysis of the transaction.
Keywords: civil law, transaction, expression of will, lawful action, contract, legal facts.
Bibliographic list of articles
1. Kovalev O. A. Aspects of studying the institution of a transaction in the theory of civil law. – M., 2001. – 56 p.
2. Matveyev I. V. Legal nature of invalid transactions. – M., 2004. – 156 p.
3. Melnikov V. S. Theoretical problems of legal regulation of transactions (under modern civil legislation of the Russian Federation): dis. … Doctor of Law. – M., 2003. – 413 p.
4. Gutnikov O. V. Invalid transactions in civil law: Theory and practice of challenging. – M., 2003. – 353 p.
5. Kurmashev N. V. The doctrine of will in a legal transaction in Soviet and modern Russian civilistic science // Bulletin of civil law. – 2007. – P. 69.
6. Shershenevich G. F. Textbook of Russian civil law. – M., 1995. – P. 113.
7. Meyer D. I. Russian civil law: In 2 parts. – M.: Statut, 1997. – Part 1. – P. 177 – 178.
8. Alekseev S. S. Unilateral transactions in the mechanism of civil law regulation // Anthology of the Ural civilistics. 1925-1989. Collection of articles. – M.: Statut, 2001. – P. 54-68.
9. Belov V. A. Civil law. General part. Vol. II. Persons, goods, facts: textbook. – M.: Yurait Publishing House, 2011. – P. 620-621.
10. Agarkov M. M. The concept of a transaction under Soviet civil law // Soviet state and law. – 1946. – No. 3-4. – P. 46.
11. Braginsky M. I. Transactions: concept, types and forms (commentary to the new Civil Code of the Russian Federation). – M., 1995. – P. 43.
12. Egiazarov V. A. Civil-law transactions. – M., 1995. – P. 3.
13. Sklovsky K. I. Transaction and its effect. Commentary to Chapter 9 of the Civil Code of the Russian Federation. The principle of good faith. 4th ed., suppl. – Moscow: Statut, 2019. – P. 65.
14. Melnikov V. S. On the issue of the concept of a civil contract // Russian judge. – 2012. – No. 12. – P. 37-42.
15. Simatova E. L., Shapoval O. V. Some problems of applying the term “transaction” in modern civil law // Lawyer-legal expert. – 2015. – No. 3 (70). – pp. 66-69.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
GROUNDS AND PROCEDURE FOR PROVIDING A TAX DEDUCTION TO A PATIENT OF A PLASTIC SURGERY CLINIC
The article examines the concept and types of plastic surgery. The procedure and methods of obtaining tax social deductions for patients of plastic surgery clinics are disclosed. It was revealed that the paid operation should be included in the list of expensive types of treatment, if they are carried out for medical reasons. The documents that must be submitted to the tax authority to confirm the right to deduction are given. It is noted that from 01.01.2024, the maximum amounts of social deductions for treatment and the procedure for their provision are increasing.
Keywords: plastic surgery, plastic surgery, clinic, treatment, deduction, tax deduction, tax authority.
Article bibliography
1. Tax Code of the Russian Federation (part two) of 05.08.2000 No. 117-FZ // Collection of Legislation of the Russian Federation, 07.08.2000, No. 32, art. 3340.
2. Resolution of the Government of the Russian Federation of December 29, 2022 No. 2497 “On the Program of State Guarantees for the Provision of Free Medical Care to Citizens for 2023 and for the Planning Period of 2024 and 2025” // Collected Legislation of the Russian Federation, January 2, 2023, No. 1 (Part II), Art. 302.
3. Federal Law of April 28, 2023 No. 159-FZ “On Amendments to Articles 219 and 257 of Part Two of the Tax Code of the Russian Federation” // Collected Legislation of the Russian Federation, May 1, 2023, No. 18, Art. 3236.
4. Aksenova A. A. Mechanism for obtaining a social deduction for treatment when calculating personal income tax // World of Science. Issue 2. 2014.
5. Budantseva V. A., Onchina K. S., Badeeva E. A. Tax deductions for personal income tax as a tool of the tax system. Social and humanitarian sciences in the 21st century: results, challenges, prospects. Collection of scientific papers of the All-Russian scientific and practical conference “Social and humanitarian sciences in the 21st century: results, challenges, prospects”. Moscow: Fora-print; 2020.
6. Durov R. S., Varnakova E. V., Kobzev K. O., Kobzeva N. D. Implementation of a tax deduction refund after receiving a medical service // In the collection: Science and education: problems and innovations. collection of articles from the IV International Scientific and Practical Conference. Penza, 2020.
7. Polyakova M. A., Nosov A. V. Tax deductions: essence and problems of their application. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalogovye-vychety-suschnost-i-problemy-ih-primeneniya?ysclid=lpli5lop7x642129848.
8. Soboleva M. E. Nomenclature of medical services and obtaining a social tax deduction // Alley of Science. 2021. Vol. 1. No. 8 (59).
9. Solodimova T. Yu. Social tax deductions. Certain aspects of provision // // Economy, entrepreneurship and law. 2013. No. 5.
10. Tatarov K. Yu. Tax deduction for treatment: modern presentation technologies // Financial Bulletin: Finance, taxes, insurance, accounting. 2020. No. 9.
CIVIL LAW
VISLOGUZOV Igor Dmitrievich
postgraduate student of the 2nd course of the direction of “Private-legal (civil) sciences” of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
NON-FUNGIBLE TOKEN IN THE SYSTEM OF THE MODERN COPYRIGHT LAW
Non-fungible token, abbreviated NFT, from the English non-fungible token, is a relatively new concept that arose along with the concept of blockchain. Due to its novelty, the issue of legal regulation of this technology has not been resolved. In the conditions of the modern information space, one of the key elements of which is the Internet, NFT technology, due to its capabilities, is of interest in matters of copyright protection. This article will examine the concept of NFT, assess the prospects that this technology provides in the field of protecting intellectual property rights, its current role in the field of intellectual property, as well as the prospects for its further development and application.
Keywords: non-fungible toke, copyright, intellectual property, NFT
Article bibliography
1. Vasilevskaya L. Yu. Token as a new object of civil rights: problems of legal qualification of digital law // Actual problems of Russian law. 2019. No. 5 (102).
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, Head of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
KHAKIMOVA Gulnaz Ilnurovna
bachelor of the 3rd course of the Faculty of Training Specialists for the Judicial System of the Faculty of Law of the Kazan branch of the Russian State University of Justice
PROBLEMS OF LAW ENFORCEMENT OF TYPES OF CIVIL PROCEED INGS AND SOME WAYS TO SOLVE THEM
The article is devoted to approaches to solving the problem of law enforcement of types of civil proceedings. The author also connects the ways of solving the law enforcement of types of civil proceedings with solving the problem of the workload of the judicial system of the Russian Federation. The article examines the current trends in civil proceedings – simplification and differentiation. Various ways of solving the problem of different types of civil proceedings are also proposed, namely: writ, special, correspondence within the framework of claim proceedings.
Keywords: judicial system, workload of the judicial system of the Russian Federation, simplification, differentiation, writ proceedings, court order, debtor, recoverer, absentee proceedings, claim proceedings, court session, respect for the reasons for non-attendance at the court session.
Article bibliographic list
1.Nagdalieva L. S. History of the development of simplified and order proceedings in Russian arbitration and civil proceedings // Actual problems of Russian law. – 2010. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-razvitiya-uproschennogo-i-prikaznogo-proizvodstva-v-rossiyskom-arbitrazhnom-i-grazhdanskom-protsesse (date of access: 16.05.2024).
2. Martynenko M. A., Grigoryan G. P. Contents of claim proceedings in civil proceedings // Bulletin of science. – 2019. – No. 1 (10). – P. 60. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soderzhanie-iskovogo-proizvodstva-v-grazhdanskom-protsesse (Date of access: 05.16.2024).
CIVIL PROCEDURE
ERINA Liana Ruslanov na
student of the Kazan branch of the Russian University of Justice
FEATURES OF THE INSTITUTION OF REPRESENTATION IN CIVIL PROCEEDINGS
This article examines the historical aspects of the development of the institution of representation in civil proceedings: it briefly outlines the main stages of the development of the institution, and analyzes the content of the legal framework governing issues of representation. The points of view of several authors are examined and current problems characteristic of the current stage of development of the institution of representation in civil proceedings in Russia are considered. Possible ways to solve these problems are proposed.
Keywords: representative, lawyer, attorney, consultant, notary, representation, process, civil process.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020) Reference and legal system “ConsultantPlus”
2. Federal Constitutional Law of 31.12.1996 No. 1-FKZ (as amended on 16.04.2022) “On the Judicial System of the Russian Federation” (as amended and supplemented, entered into force on 01.01.2023) // Reference and legal system “ConsultantPlus”
3. Arbitration Procedure Code of the Russian Federation of July 24, 2002 No. 95-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on January 5, 2024) // Reference and legal system “ConsultantPlus”
4. Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on December 25, 2023, as amended on January 25, 2024) // Reference and legal system “ConsultantPlus”
5. Civil Code of the Russian Federation. Part 1 of 30.11.1994 No. 51-FZ (as amended on 24.07.2023) // Reference and legal system “ConsultantPlus”
6. Arzumanyan, T. V., Rotova Ya. A. Features of representation in civil proceedings // Young scientist. – 2022. – No. 24 (419). – P. 171-173.
7. Velikanova T. A. Institute of representation in civil law // Issues of Russian justice. – 2019. – No. 4. – P. 124-132.
8. Zorkina A. Yu., Nikolenko A. A. Institute of representation in civil proceedings as a means of guaranteeing the constitutional foundations of legal proceedings // International journal of humanitarian and natural sciences. – 2020. – No. 10-3. – P. 88-90.
9. Izutina S. V., Barkova M. A. Civil-law institute of representation at the present stage: prospects and proposals for legal regulation // Economy. Law. Society. – 2019. – No. 1 (17). – P. 42-47.
10. Selezneva O. V. Formation of the institute of representation and its development at the present stage // Actual problems of Russian law. – 2009. – No. 1. – P. 76-82.
11. Tyurina D. S., Fadeev A. V. Representation in civil proceedings // Modern Science. – 2019. – No. 12-3. – P. 275-278.
12. Legal basis for the institution of representation in civil proceedings. – [Electronic resource]. – Access mode: https://conf.siblu.ru/pravovye-osnovy-instituta-predstavitelstva-v-grazhdanskom-processe (date of access: 17.02.2024).
13. Appellate ruling of the Ostrovsky District Court of the Kostroma Region dated August 21, 2013 in case No. 11-11-2013. – [Electronic resource]. – Access mode: https://www.garant.ru (date of access: 17.04.2023).
14. Bogomolov M. V. Institute of judicial representation in civil and arbitration proceedings // Bulletin of PAGS. – 2013. – No. 2 (35). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/institut-sudebnogo-predstavitelstva-v-sovremennom-grazhdanskom-i-arbitrazhnom-protsesse (date of access: 04/17/2024).
CIVIL PROCEDURE
LARIN Vadim Ruslanovich
magister student of the 2nd course of the Far Eastern Federal University, Vladivostok
KAREVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Far Eastern Federal University, Vladivostok
ON THE RELATIONSHIP BETWEEN ABUSE OF PROCEDURAL RIGHTS INTHE RUSSIAN FEDERATION AND SOME EUROPEAN COUNTRIES
This article examines the issue of the concept of abuse of procedural law in the Russian Federation and some European countries belonging to the Romano-Germanic legal family. The work provides foreign sources of civil procedural law, the positions of scientists on this issue, which show that there are two different approaches to the abuse of procedural law.
The author proposes to move away from the “French” approach in Russian legislation to abuse of procedural law and adopt the “German” experience. A similar approach, based on the general ethical and legal principle of good faith, would be more correct for the Russian civil process.
Keywords: abuse of procedural rights, concept of abuse of procedural rights, types of abuse of procedural rights, civil procedure, French legislation, German legislation, Polish legislation.
Article bibliography
1. Abolonin V. O . Abuse of the right to sue in civil proceedings in Germany: author’s abstract. diss. … candidate of legal sciences. – Ekaterinburg, 2008. – P. 27.
2. Lyabakh A. O. History of the development of abuse of rights in Germany , France and Switzerland // Education and Law. – 2018. – No. 5. – P. 288-291.
3. Soloviev A. A. Civil Procedure Code of the French Republic: general characteristics // Education and Law. – 2017. – No. 4. – P. 274 .
4. Commentary on the Arbitration Procedure Code of the Russian Federation / Ed. by V. F. Yakovlev, M. K. Yukov. – M.: Gorodets-publishing house, 2003. – P. 139.
CIVIL PROCEDURE
LAPTEVA Vera Dmitrievna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
A CLAIM IN THE CIVIL PROCEDURE OF THE RUSSIAN FEDERATION: PROBLEMS OF DEFINING THE CONCEPT OF A CLAIM
This article discusses current issues related to the consideration of the concept of a claim in civil proceedings. The problem of the concept of a claim in civil proceedings and its legal nature is considered. The author considered the concepts (theories) of understanding the claim from the substantive and procedural sides, as well as analyzed the positions of scientists regarding its legal nature. The concept of the subject of the claim was also considered. The author concludes that it is necessary to consolidate the legal definition of “claim” in civil procedural legislation, which would help eliminate the legal gap, as well as the discussion in the scientific community regarding the legal nature of the claim.
Keywords: civil procedure, civil proceedings, lawsuit, court, procedural law.3
Article bibliography
1. Constitution Russian Federation (adopted by popular vote on 12.12.1993 with amendments from 04.10.2022) // Official Internet portal of legal information (www.pravo.gov.ru) from October 6, 2022.
2. Civil Procedure Code of the Russian Federation ” dated 14.11.2002 No. 138-FZ (as amended on 25.12.2023, as amended on 25.01.2024) // Collection of Legislation of the Russian Federation”. – 18.11.2002. – No. 46. – Art. 4532.
3. Abova T. E., Bonner A. T. Professor Mark Arkadyevich Gurvich // Bulletin of the University named after O. E. Kutafin (MSAL). – 2015. – No. 9 (13). – P. 176-183.
4. Ivakin V. N. The concept of a claim: problems of definition // LexRussica (Russian law) . – 2019. – No. 12 (157). – P. 28-40.
5. Kolganova A. D. The concept of a claim in civil proceedings // Forum of young scientists. – 2021. – No. 2 (54).- P. 50-53.
6. Osokina G. L. Civil procedure. General part: textbook. – 3rd ed., revised. – Moscow: Norma: INFRA-M, 2013. – 703 p.
7. Pyatiletov I. M. Change of the subject of the claim: Questions of the science of Soviet civil procedural law // Works: Questions of the science of Soviet civil procedural law. Works of VYuZI. – M.: RIO VYuZI, 1975. – V. 38. – P. 153-180.
CIVIL PROCEDURE
ORLOVA Alexandra Ivanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ACTUAL PROBLEMS OF EVALUATION OF SCREENSHOTS OF ELECTRONIC CORRESPONDENCE OF THE PARTIES BY COMMERCIAL COURTS
The article analyzes the problems that arise in the process of considering economic disputes when evaluating the screenshots of e-mail correspondence submitted by the parties in support oftheir position. The author notes that the courts ambiguously assess such evidence in cases where the content of the submitted correspondence is not notarized. Based on the results of the study, the author concludes that there is a presumption of the admissibility of screenshots certified by the persons participating in the case, which can be refuted only by the results of verification of the statement of the procedural opponent about the falsification of such evidence.
Keywords: evidence, screenshot, admissibility, written form of the contract, electronic form, information.
Article bibliographic list
1. Filippov A. E. Certain legal aspects of regulating the turnover of digital assets in Russia and abroad // Arbitration disputes. – 2018. – No. 4. – P.85-91.
2. Boriskina N. I. Procedural form of evidence in modern civil proceedings: Diss. … Cand. of Law. – M.: Moscow State University named after M. V. Lomonosov, 2020. – 178 p.
3. Yuzefovich V. B. Evidence and proof in arbitration proceedings: analysis of law enforcement practice. Conclusions of a forensic lawyer. – M .: Infotropic Media, 2012. – 240 p. .
CIVIL PROCEEDINGS
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
KUSKOVA Irina Vitaljevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St . Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
YURJEVA Valentina Yurjevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St . Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
THE ROLE OF ENFORCEMENT PROCEEDINGS IN CIVIL PROCEEDINGS
In the article, the authors analyzed the essence of enforcement proceedings, and revealed the importance of enforcement proceedings for the entire civil process as a whole. According to the authors, enforcement proceedings are not just the final stage of the process, but the stage at which court decisions are actually executed, which is of great practical importance. The authors express the position that through enforcement proceedings it is possible to realize various tasks and goals that face the civil process. The primary importance of enforcement proceedings is to ensure the rights, freedoms and legitimate interests of both individuals and legal entities, as well as the entire state as a whole. The authors point out that enforcement proceedings allow for a balance of interests of the parties involved in the civil process.
Keywords: enforcement proceedings, civil proceedings, judicial acts, bailiff, recovery.
Article bibliography
1. Bakurova N. N. Enforcement proceedings and administrative reform // Modern Russian law: interaction of science, rule-making and practice. Part 3 . – M.: Prospect, 2018. – 366 p.
2. Bikbaeva V.Kh. Concept and objectives of enforcement proceedings // Young scientist. – 2018. – No. 38 (224). – P. 109-112 .
3. Vikut M.A., Isaenkova O.V. Enforcement proceedings: practical training. – M.: Spark, 2016. – 412 p.
4. Koshcheeva E. S. The place of the court in enforcement proceedings // Bulletin of KSU named after N. A. Nekrasov. – 2016. – No. 5. – P. 197-199.
5. Maleshin D. Ya. Complex branch of law of enforcement proceedings // Bulletin of civil procedure. – 2020. – No. 4. – P. 58-88.
6. Rogozhkina Yu. Yu . The place of enforcement proceedings in the Russian legal system // Young scientist. – 2020. – No. 44 (334). – pp. 273-275.
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, associate professor, Head of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
VALITOVA Diana Ildarovna
student of the 3rd course of the Faculty of Law of the Kazan branch of the Russian State University of Justice
MODERN TECHNOLOGIES IN CIVIL PROCEEDINGS
In this article the author considers the possibility of more active introduction of modern technologies in civil proceedings. The experience of other countries in this matter is considered, and the prospects of their introduction into the Russian judicial system are analyzed. The author primarily favors a common national digital system with elements of artificial intelligence and assesses the advantages of its implementation.
Keywords: e-justice, artificial intelligence, civil process, civil litigation, artificial intelligence, digitalization, modern technologies.
Article bibliography
1. Antinucci M. The EU Ethical Charter on the Use of Artificial Intelligence Technologies in the Judicial System and the Legislation Regulating Blockchain as a “Trojan Horse” for the Fight against Counterfeiting in a Global Perspective // Bulletin of the Kutafin Moscow State Law University (MSAL). – 2020. – No. 2 (66). – P. 36-42.
2. Gelieva I. N. Use of Digital Technologies in Civil Proceedings // Scientific Notes of the Vernadsky Crimean Federal University. Legal Sciences. – 2023. – Vol. 9. No. 3. – P. 349-355.
3. Gubina E. N. Digitalization of civil proceedings: pros and cons of innovative technologies // Innovations in science and practice: Collection of articles based on the materials of the XVI international scientific and practical conference. In 3 parts, Barnaul, April 17, 2019. Volume Part 3. – Barnaul: Limited Liability Company Dendra, 2019. – P. 46-50.
4. Khabrieva T. Ya. Law in the context of digital reality // Journal of Russian Law. – 2018. – No. 1 (253). – pp. 85-102.
CIVIL PROCESS
LOBOV Nikita Vladimirovich
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
GENERAL CHARACTERISTICS OF THE PERSONS INVOLVED IN THE CASE
The article examines the main subjects of the civil process. The judicial body plays the role of an independent and neutral participant in the process, which makes decisions based on the evidence presented and applies the law. The parties in the process act as defenders of their interests and present their arguments and evidence before the court. The author of the article also identifies other subjects of civil procedure, such as third parties, experts, translators and other specialists who can participate in the process and facilitate the administration of justice. In conclusion, the author notes that the subject composition and classification of the civil process are important aspects of its implementation and ensure the fairness and effectiveness of justice.
Keywords: civil procedure, civil proceedings, court, civil law, subjects of civil law relations, judicial authority, assistance in the administration of justice.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments dated 04.10.2022) // Official Internet portal of legal information (www.pravo.gov.ru) dated October 6, 2022.
2. The Civil Procedure Code of the Russian Federation dated 14.11.2002 No. 138-FZ (as amended on 25.12.2023, as amended on 25.01.2024) // Collection of Legislation of the Russian Federation”. – 18.11.2002. – No. 46. – Art. 4532.
3. Borzykh D.S., Gelenidze M.E., Orlova E.E. Procedural rights and obligations of persons participating in the case // Economic aspects of industrial development in the transition to a digital economy: Collection of scientific articles based on the materials of the II International Scientific and Practical Conference, Ufa, May 08, 2020. – Ufa: Limited Liability Company “Scientific Publishing Center” Vestnik Nauki “, 2020. – P. 253-257.
4. Branovitsky K. L. Concept and meaning of judicial guidance in the consideration of a case on the merits in civil proceedings in Germany // Law. Moscow. – 2014. – No. 4. – P. 177-186.
5. Smirnov A. S. Persons participating in a case as subjects of a civil procedural legal relationship // Interactive Science. – 2024. – No. 1 (87). – P. 68-71.
JUDICIAL, NOTARIAL AND LAWYER ACTIVITIES
ABDULAZIZOV Anar Mehmanovich
magister student of Civil and arbitration process sub-faculty of the Samara State University of Economics
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
PROBLEMS OF APPLYING MEDIATION AGREEMENTS IN PRACTICE
The article discusses the frequency of use of notarized mediation agreements in practice will increase due to overcoming the above factors. One of the options for solving the problem would be to consolidate at the normative level the mechanism of interaction between the mediator and the notary during mediation. Mediation as an alternative method of dispute resolution is rapidly developing and becoming increasingly popular. However, despite their advantages, mediation agreements in practice face a number of problems and difficulties.
This work explores the problems that arise when applying mediation agreements in practice. The main reasons that make it difficult to successfully conclude and implement mediation agreements are analyzed, including insufficient information to the parties, insufficient confidence in the mediation process, as well as difficulties in ensuring the execution of agreements.
Keywords: dispute, mediation, agreement, notary, insurance.
Article bibliographic list
1. Federal Law of July 26, 2019 No. 197- Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” // Rossiyskaya Gazeta. – No. 166. – July 31, 2019.
2. Arbitration Procedural Code of the Russian Federation” dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023, as amended on June 22, 2023) // Collection of Legislation of the Russian Federation . – 29.07.2002. – No. 30. – Art. 3012.
3. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (as amended on 24.06.2023, as amended on 20.07.2023) // Collection of Legislation of the Russian Federation. – 18.11.2002. – No. 46. – Art. 4532.
4. Federal Law of 27.07.2010 No. 193-FZ (as amended on 26.07.2019) “On an alternative dispute resolution procedure with the participation of a mediator (mediation procedure)” // Collection of Legislation of the Russian Federation. – 02.08.2010 . – No. 31. – Art. 4162.
5. Ageeva G. E. [Electronic resource]. – Access mode: http://test.ssla.ru/dissertation/dissert/20-06-2014- 1d.
6. Kazankova T. N., Ekamasova E. V. Digital transformation of society in the context of new challenges // Questions of Economics and Law. – 2022. – No. 169. – P. 10-13.
7. Lang P. P. [Electronic resource]. – Access mode: https://search.rsl.ru/ru/record/01011022172.
8. Rosfinmonitoring, edited on July 23, 2021. [Electronic resource]. – Access mode: https://fedsfm.ru/news/5246.
9. Kazankova T. Artificial intelligence as an object of legal protection // In the collection: Current Achievements, Challenges and Digital Chances of Knowledge Based Economy. – Cham, 2021. – P. 371-376.
10. In the collection: Digital Technologies in the New Socio-Economic Reality. Lecture Notes in Networks and Systems. Series “Lecture notes in networks and systems”. – 2022. – pp. 637-643.
ARBITRATION PROCESS
KHACHIROV Adam Valerjevich
student of the 4th course Faculty of Law of the Crimean branch of the Russian State University of Justice, Simferopol
ALAVERDYAN Egine Grigorovna
lecturer of Civil and arbitration proceedings sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
TOPICAL ISSUES OF REPRESENTATION IN COMMERCIAL LITIGATION
The article is devoted to the analysis of current issues arising in the process of attorneys’ participation in commercial litigation. The author focuses on such matters as the need to present an attorney’s warrant instead of a power of attorney, difficulties in assessing the reasonableness of expenses for representative services and their recovery, as well as obstacles in obtaining information upon attorneys’ requests. The paper proposes specific legislative amendments aimed at eliminating the identified problems and optimizing the activities of attorneys in the commercial litigation process. In addition, the article touches upon the development of electronic services designed to improve the efficiency of representatives’ work in the context of digitalization of justice.
Keywords: commercial litigation, legal representation , attorney, warrant, power of attorney, reasonableness of expenses, attorney’s request.
Bibliographical list of articles
1. Arbitration process: a textbook for students of law universities and faculties. – 5th ed., revised. and additional / Ed. M.K. Treshnikova. – M.: Gorodets, 2016. – P. 154-155.
2. Semenov A. V., Chizhikova A. V., Brik V. I. Problems of practical application of the lawyer’s request // Eurasian Law Journal. – 2022. – No. 1 (164). – P. 421-423. – EDN TOGFVO.
3. The Importance of the Ethics of a Lawyer’s Behavior, Principles and Methods of Its Implementation / A. E. Nurjanyan, F. G. Popandopulo, A. V. Semenov, I. S. Kulikovskaya // International Journal of Humanities and Natural Sciences. – 2021. – No. 11-4 (62). – P. 76-79. – DOI 10.24412/2500-1000-2021-11 -4-76-79. – EDN HHSAQM.
4. Nurjanyan A. E., Popandopulo F. G., Chizhikova A. V. Representation in the arbitration court // Modern school of Russia. Modernization issues. – 2021. – No. 8-2 (37 ). – P. 49-51. – EDN QVIRPP.
5. Prokofiev M. G. Some problems of participation of a lawyer in arbitration proceedings // Young scientist. – 2019. –№ 24 (262). – P. 249-251.
6. Kondratenko N. A., Shirokova M. V. On the problem of implementing the institution of professional representation in arbitration proceedings // Bulletin of the Arbitration Court of the Moscow Region. – 2018. – № 1. – P. 82-91.
LAND LAW
BUTENKO Anastasiya Georgievna
magister student of the 1st course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
LEGAL REGULATION OF STRATEGIC PLANNING IN THE FIELD OF AGRIBUSINESS
This article analyzes the legal regulation of strategic planning in the field of agribusiness. The relevance of the stated research topic is directly due to the importance of agriculture and the agricultural complex for the country. Traditionally, in the history of Russia, the state pays increased attention to the problems and issues of agricultural development, adopts various kinds of state programs, develops support measures, etc. However, agriculture remains one of the most problematic areas in the country, all measures taken are widely criticized and at the present stage there has not been any significant growth in agriculture, which indicates the low effectiveness of government programs for the development of agriculture and measures to support them.
Keywords: agribusiness, agricultural complex, agriculture, strategic planning, planning, agribusiness development, agricultural development, agricultural production, agricultural sector.
Article bibliography
• Basos E. V. State housing policy for the development of rural areas // Family and housing law. – 2022. – No. 5. – P. 24-27.
• Voronina N. P. Legal support for the digitalization of agriculture // Law and digital economy. – 2021. – No. 3. – pp. 20-26.
LAND LAW
DEREGLAZOV Anton Alexeevich
postgraduate student of International and public law sub-faculty of the Faculty of Law of the Financial University under the Government of the Russian Federation
THE GENESIS OF LEGISLATIVE REGULATION OF LAND SURVEYING AND LAND MANAGEMENT IN RUSSIA
The article discusses historical and functional approaches to the periodization of the main stages of the development of legislative regulation of land surveying and land management in Russia. It is shown that using the historical method, six main stages of the development of legislative regulation of land surveying and land management in Russia can be identified, based on the adoption of the most important legal acts that most strongly influenced the transformation of public relations in this area. The author also substantiates a functional approach for the periodization of legislative regulation of land surveying and land management in Russia, which allows us to consider the development of legislative regulation from the point of view of the main function of land management, the fulfillment of which legislation is designed to ensure in a particular historical period.
Keywords: land surveying, land management, land management, history of land management, land law.
Bibliography of articles
1. Varlamov A. A., Khabarov A. V. Ecology of land use and protection of natural resources. – M.: KolosS, 1999. – P. 159.
2. Derman M. Backward plot // Specialist in socialist agriculture. – 1932. – No. 7-8. – P. 11-14.
3. Komov N. V. Russian model of land use and land management. – M., 2001. – P. 625.
4. Komov N. V., Rodin A. Z., Alakoz V. V. Land relations and land management in Russia. – M.: Ruslit, 1995. – P. 509.
5. Kofod A. A. “Russian land management” // Rural Bulletin. – SPb.: 1914. – P. 172.
LAND LAW
KORDUBAN Alexandra Evgenjevna
student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg Polytechnic University, associate professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
LEGAL MECHANISM FOR THE USE OF LAND PLOTS FROM ENERGY INDUSTRY LANDS
The article is devoted to the study of the legal mechanism for the use of land plots from energy lands, as well as to the identificationof some features of the legal regime of this category of land. The study of the legal mechanism for the use of energy land helps to identify the main problems that arise in the process of direct use of land, which in the future can contribute to the development of ways to solve them. It is concluded that there is an objective need to simplify some administrative procedures for more efficient and safe use of these lands. According to the authors, it is advisable to determine a single body responsible for developing land legal policy and exercising control over the use of land plots for their intended purpose.
Keywords: energy lands, use of land plots, legal regime of energy lands, Land Code of the Russian Federation, intended purpose.
Article bibliographic list
1. Land Code of the Russian Federation from 25.10.2001 No. 136-FZ (as amended on 14.02.2024) (as amended and supplemented, entered into force on 01.04.2024) // SPS “ConsultantPlus”.
2. Order of the Federal Service for State registration, cadastre and cartography dated November 10, 2020 No. P/0412 “On approval of the classifier of types of permitted use land plots” (as amended on 23.06.2022) // SPS “ConsultantPlus”.
3. Federal Law “On Land Management” dated 18.06.2001 No. 78-FZ (as amended on 30.12.2021) // SPS ” ConsultantPlus”.
4. “Review of the practice of courts considering cases related to changing the type of permitted use of a land plot” (approved by the Presidium of the Supreme Court of the Russian Federation on 11/14/2018) // SPS “ConsultantPlus”.
5. Ignatyeva I. A. Placement of energy facilities on lands and land plots without their provision and establishment of an easement, public easement: problems of legal regulation and law enforcement // Laws of Russia: experience, analysis, practice. – 2023. – No. 2. – pp. 14-21.
LAND LAW
PEREPECHKINA Elena Gennadjevna
Ph.D. in economical sciences, associate professor of the Russian State Social University
LOSENKOV Oleg Igorevich
Ph.D. in political science, associate professor of the Astrakhan State Technical University
TOOLS FOR MANAGING THE LAND AND PROPERTY COMPLEX OF THE REGIONS
The main instrument of state regulation in the ZIK management system are: control, analysis and monitoring of real estate; lending programs; financing and tools of fiscal policy. With the help of this set of tools, the authorities exert a controlling influence on the subjects of management of the property complex. According to the authors, there are problematic issues in the management of the ZIK, the absence of which will preclude the possibility of ensuring sustainable development and fully realizing the inherent potential of the ZIK. Existing problems are related to maintaining reliable information regarding the use of real estate and its condition; difficulties in maintaining ZIK-related real estate in a competitive condition and attracting investments; a decrease in budget revenues due to a reduction in the area of land in circulation.
Keywords: land and property complex, region, management, sustainable development, budget policy.
Article bibliographic list
1. “Land Code of the Russian Federation” dated 10.25.2001 No. 136-FZ (as amended on 12.30.2020) (as amended and supplemented. , entered into force on 10.01.2021) // SPS “Consultant Plus”.
2. State budgetary institution of the Astrakhan region “Center for assistance in the development of the land and property complex”. Ministry of Property and Urban Development Relations of the Astrakhan Region. [Electronic resource ]. – Access mode: https://augi.astrobl.ru/podvedomstvennye-ucrezdeniya/286-guaocsrzk (date of access: 30.04.2024).
3. Ministry of Property and Urban Development Relations of the Astrakhan Region. [Electronic resource]. – Access mode: https://augi.astrobl.ru/ (date accessed: 30.04.2024).
4. Strategy for spatial development of the Russian Federation for the period up to 2025 (approved by the order of the Government of the Russian Federation No. 207-r dated 13.02.2019 ) // SPS “ConsultantPlus”.
FAMILY LAW
KRASNOVA Tatyana Vladimirovna
associate professor of Civil law disciplines sub-faculty of the Tyumen State University
KUCHINSKAYA Lidiya Alexeevna
senior lecturer of Civil law disciplines sub-faculty of the Tyumen State University
PROTECTION OF THE INTERESTS OF CHILDREN IN DETERMINING THE SHARES IN THE OWNERSHIP OF HOUSING ACQUIRED WITH THE PARTICIPATION OF MATERNAL (FAMILY) CAPITAL
The article examines the current state and prospects for the development of legal regulation of relations related to the protection of children’s rights during the dissolution of marriage and the division of housing acquired with the participation of maternal (family) capital. The authors explore controversial issues, determining the range of subjects of common shared ownership of the specified object, the problems of determining the legal regime of the spouses’ property, the specifics of including an agreement on determining the shares in the ownership right. In conclusion, the authors conclude that it is necessary to change existing approaches to determining the child’s share of ownership, taking into account the analysis of current judicial practice.
Keywords:maternal ( family) capital, shared ownership, protection of children’s rights.
Article bibliographic list
1. Bevzenko R. S. Commentary on Art. 8.1. Civil Code // Basic provisions of civil law: Article-by-article commentary on articles 1 – 16.1 of the Civil Code of the Russian Federation / Rep. ed. A. G. Karapetov. M.: Statut, 2020. 573 p.
2. Nazemtsev D. M. On the issue of identifying the legal nature of the obligation to register in common ownership a residential property acquired (built, reconstructed) using maternal (family) capital // Family and housing law. 2022. No. 5. P. 35-40.
3. Rasskazova N. Yu. Acquisition of residential premises using maternity (family) capital // Law. 2021. No. 11. P. 104-115.
4. Ruzakova O. A., Demkina A. V. Issues of development of Russian legislation on de facto marital relations // Civil law. 2024. No. 3. P. 39-41.
5. Chashkova S. Yu. Legal regimes of property of spouses: issues of theory and practice // Family and housing law. 2023. No. 6. P. 13-17.< br /> 6. Chashkova S. Yu. Grounds and procedure for the emergence of a regime of common shared property among spouses: dissonance of legal regulation and judicial practice // Family and housing law. 2022. No. 4. pp. 17-21.
LABOR LAW
GUDKOVA Diana Ruslanovna
student of the Far Eastern Federal University, Vladivostok
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
PROBLEMS OF LEGAL REGULATION OF THE WORK OF MEDICAL WORKERS
In the presented article, the authors analyze national legislation aimed at regulating the work of medical workers, as well as identify gaps in this regulation. This work reflects the specifics of the work of medical workers, in connection with which the authors propose amendments to the labor legislation of the Russian Federation, which would improve the legal status of healthcare workers, which, in turn, could contribute to the influx of young personnel into the ranks of medical workers.
Keywords: medical workers, the Labor Code of the Russian Federation, medical care, legal regulation of labor, the healthcare sector.
Article bibliographic list
1. Pichugina E. N. Problems of legal regulation of labor of medical workers // International scientific journal “Bulletin of Science”. – 2023. – No. 10 (67 ). – Volume 4. October. – Art. 391.
2. Cherkashina M. I. Features of legal regulation of labor of medical workers // Journal “Issues of Russian Justice”. – 2020. – No. 7. – Art. 405.
LABOR LAW
KIRILLOVA Larisa Sergeevna
Ph.D. in Law, associate professor of Environmental, labor law and civil process sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University; associate professor of Civil process law sub-faculty of the Kazan Branch of the Russian State University of Justice
GIRFANOVA Gulfina Gamilevna
student of the 4th course of the Faculty of Law of Kazan (Privolzhie) Federal University
ENSURING THE RIGHT OF AN EMPLOYEE TO PROTECT HIS DIGNITY DURING HIS WORKING LIFE
The article examines the content of the principle of ensuring the employee’s right to protect his dignity during his working life and the problems of its protection. It is noted that “personal dignity” does not have a legal definition, despite the mention of this category in regulations. It is also stated that the mechanisms enshrined in civil law are not suitable for the employee to protect his dignity, which is due to the authoritative nature of labor relations. However, there are currently no special industry-specific protection mechanisms. In this regard, amendments to the Labor Code of the Russian Federation are proposed to solve the identified problem.
Keywords: labor law; labor relations; principles of labor law; employee dignity .
Article bibliographic list
1. Kirillova L. S. On personal non-property rights of an employee // Bulletin of the Volga University named after V. N. Tatishchev. – 2022. – T. 1. No. 2 (101). – P. 107-114.
2. Loos E. V.., Titova E. A. General characteristics of the concept of honor and dignity of an individual // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (30).
3. Lushnikova M. V. Personal non-property labor rights in the 21st century // Labor law in Russia and abroad. – 2020. – No. 1. – P. 17-20.
4. Menger A. Civil law and the poor classes of the population. – St. Petersburg: Publishing house “Prosveshchenie”, 1906. – 229 p.
5. Suleimanova F. O. Prospects for ratification of Article 26 of the European Social Charter (the right of an employee to protect his dignity during work) // Social and pension law. – 2022. – No. 1. – P. 43-49.
6. Shtanko I. N. Personal dignity as a legal phenomenon: dis. … Cand. of Law. – Vladimir, 2006. – 194 p.
7. Shcherbakova O. V. The principle of ensuring the employee’s right to protect his dignity during labor activity // Russian Law Journal. – 2019. – No. 1. – P. 124-129.
LABOR LAW
LINETS Alexander Alexandrovich
Ph.D. in Law, associate professor of Labor law sub-faculty of the M. V. Lomonosov Moscow State University
LEGAL ASPECTS OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE FIELD OF LABOR (PART 3: ISSUES OF PERCEPTION OF JUSTICE)
The development and widespread introduction of artificial intelligence technologies have the potential to significantly transform the labor market and the characteristics of the interaction of its subjects. This transformation can have both a positive and a negative impact on the economic and social development of society, as well as on the position of the subjects of the labor market. The research of possible reactions of the state to the development of legislation in response to the above-mentioned changes in line with the harmonization of the interests of employees, employers and the state is becoming relevant. This issue is primarily based on the question of whether there is a need for legal regulation in the area under consideration at all, and, if the answer is yes, in determining the specifics of the relevant regulation, in particular the issues of legitimizing decision-making by employers using AI and the perception of the fairness of such decisions (both in a substantive and procedural sense). In part three of this study, the limits of the implementation of labor power using an AI system are considered.
Keywords: artificial intelligence, labor standards, prohibition of discrimination, legal constructions.
Article bibliographic list
1. Penov Yu. V. Labor management in a mixed economy: legal problems: dis. …cand. legal Sci. – Saint Petersburg, 2003. – 218 p.
2. Erokhina T. V. On the issue of the illegality of termination of an employment contract before the expiration of the notice period // Bulletin of the Saratov State Law Academy. – 2023. – No. 5 (154). – P. 278-284.
3. Filipova I. A. The impact of digital technologies on labor: guidelines for labor law. – Nizhny Novgorod: Nizhny Novgorod State University, 2021. – 106 p.
LABOR LAW
SEMYANNIKOVA Dina Alexandrovna
Ph.D. in Law, associate professor of Civil and labor law sub-faculty of the North-West Institute of Management of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
PROBLEMATIC ISSUES OF MAINTAINING THE EMPLOYMENT RELATIONSHIP BETWEEN AN EMPLOYER AND AN EMPLOYEE WITH AN ESTABLISHED DISABILITY
Within the framework of the research author considers problematic issues related to the organization of specially equipped workplaces for disabled people and the adaptation of the work process in accordance with both the needs of both the disabled person and the needs of the employer. The author concludes that the provision of reasonable accommodation for employees with disabilities in the workplace should take place with the concerted cooperation of the state and the employer, which includes consistent actions mediated by the new legislative regulation.
Keywords: disabled person, labor, workplace equipment, reasonable accommodation, military personnel.
Article bibliography
1. Buyanova M. O. [et al.]. Social and labor rehabilitation and adaptation of disabled people and the elderly: a teaching aid for universities. – Moscow: Yurait Publishing House, 2024. – 133 p.
2. Abdulaeva Z. Z., Magomedova P. I. Foreign experience of labor rehabilitation of disabled people in order to promote their employment and the possibility of its adaptation to Russian practice // Regional problems of economic transformation. – 2020. – No. 8. – P.141-148.
3. Aleksandra, Polak-Sopinska., Monika, Owczarek. (2017). Workplace Adjustments for People with Disabilities. A Case Study of a Research Company. Part II – Adjustment Recommendations. 355-367. doi: 10.1007/978-3-319-60474-9_33.
4. Ayu, Pratiwi., Pius, Triwahyudi. Jaminan Perlindungan yang Berkeadilan bagi Tenaga Kerja Difabel Akibat Kecelakaan Kerja. – 2020. – No. 7 (2). – R. 66-75. doi: 10.20961/BESTUUR.V7I2.40407.
5. Javier, Stillig. 3 The Current and Future Law of Accommodation. – 2023. – R. 49-62. doi: 10.1515/9783110743647-004.
6. Tsetsegmaa T., Ariunbileg S.M. The rights of persons with disabilities to work: challenges and solutions // Human resource and leadership journal. – 2022. – No. 7 (2). – R. 26-48. doi: 10.47941/hrlj.987.
LABOR LAW
SOKOLOVA Mariya Maximovna
student of the 2nd course of the Far Eastern Federal University, Vladivostok
MATVEEV Andrey Konstantinovich
student of the 2nd course of the Far Eastern Federal University, Vladivostok
FEDOROVA Anna Vladimirovna
student of the 2nd course of the Far Eastern Federal University, Vladivostok
COMPARATIVE LEGAL ANALYSIS OF RUSSIA AND THE ASIA-PACIFIC COUNTRIES IN THE FIELD OF LABOR RELATIONS
In this article, the authors conduct a comparative legal analysis of labor relations in Russia and the countries of the Asia-Pacific region (APR). They consider the main aspects of labor relations, as well as rights and obligations. As a result of the study, similarities and differences in the legislation and practice of applying labor legislation between the countries of the region and Russia are revealed. The data obtained allow us to draw conclusions about the trends in the development of labor relations in these countries and determine the prospects for improving legislation in this area.
Keywords: labor relations, minimum wage, labor, working day, vacation, labor legislation, employee, employer, countries of the Asia-Pacific region.
Bibliographic list
1. Toki Masahito , Sychenko E. V. Features of Japanese labor law // Bulletin of St. Petersburg University. – 2000. – Law 3. – P. 679-692.
2. Labor Standards Act (Act No. 49 of 1947).
3. Simut G., Arpajita R., Atima M. Employment & Labour Laws and Regulations India. – 2024. – Р. 3-50.
4. Carlo D., Matteo C., Eva D. Аccording to the labor law of China. – CLL, 2019. – Р . 1-34.
5. Vorsina A. I. Labor relations in the People’s Republic of China: legal regulation // Young scientist. – 2019. – No. 26 (264). – P. 194-196. – [Electronic resource]. – Access mode: https://moluch.ru/archive/264/61225/ (date of access: 04/29/2024).
6. Public Sector (Governance) ACT 2018 (No. 2018).
7. Labor Protection Act of 1998.
LABOR LAW
STROGOVICH Yuriy Nikolaevich
senior scientific researcher of the Department for Improving the Regulatory and Legal Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
MEDVEDEVA Inna Nikolaevna
scientific researcher of the Department on the study of the problems of employment of convicts and the economic problems of the functioning of the penal enforcement system of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ABOUT LONG WORKING DAYS IN INSTITUTIONS AND BODIES OF THE CRIMINAL EXECUTIVE SYSTEM
The reason for writing the article was a scientific study completed last month aimed at determining the labor costs of employees of institutions and bodies of the penal system of the Russian Federation to implement the functions of social work with prisoners in the past 2023. Since all of these employees (employees classified as federal civil servants and employees working on the basis of an employment contract) were given an irregular working (office) day, and work under these conditions is classified by labor legislation as one of the types of work outside the established working hours time, there was a need for an in-depth analysis of the legal norms governing working (office) time . Based on the results of this study, certain defects in legal regulation were identified and proposals were made for their possible elimination.
Keywords: work time, working hours, irregular working hours, established working hours.
Article bibliographic listto
1. Khnykin G. V. Problems of legal regulation of working hours // Labor law in Russia and abroad. – 2023. – No. 4. – P. 43-46.
2. Kostyan I. A., Berezhnov A. A. Irregular working hours: issues of reforming labor legislation // Labor law in Russia and abroad. – 2018. – No. 1. – P. 14-17.
3. Kuroles I. I. Irregular working hours: how not to abuse the right? // Personnel decisions. – 2018. – No. 8. – pp. 14-17.
FINANCIAL LAW
MEDZHITOV Tamerlan Vaitovich
postgraduate student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University Russia
FORMATION OF THE COMMON MARKET OF AUDIT SERVICES WITHIN THE FRAMEWORK OF THE COMMON FINANCIAL MARKET OF THE EAEU
The article studies the process of building a single market of audit services in the conditions of continuing Eurasian integration and ensuring the freedom of financial services provision. The provisions of the Agreement on the implementation of audit activities within the EAEU from April 19, 2022 are analyzed in detail, the comparative legal analysis of individual provisions of the national legislation of the member states on audit is carried out, the perspective directions of further development of the EAEU law in the field of regulation of audit activities are highlighted – including, taking into account the EU experience.
Keywords: single financial market, Eurasian integration, EAEU, audit, audit activity, audit services, financial market, financial services, financial control, EAEU law.
Article bibliography
1. Bova V. A. Problems of formation of a single market of the EAEU in the field of audit and ways to solve them // Economic, historical, legal, philosophical views of our time. Proceedings of the VIII All-Russian scientific and practical conference. Rostov-on-Don, 2022.
2. Bulgakova L. I. Building a Single Market for Audit Services in the EAEU // Colloquium-Journal. 2019. No. 13.
3. Emchenko L. Yu. Foreign Experience in Organizing and Implementing Audit Activities // Innovative Science. 2016. No. 8-3.
4. Zueva I. A. Current Stage of Development of Eurasian Economic Integration in the Sphere of Auditing Activities // International Accounting. 2022. No. 10.
5. Kolobaeva O. B. Actual Problems of Auditing Activities in the Territory of the European Economic Union (EAEU) // Audit Statements. 2019. No. 2.
6. Austin A. A., Carpenter T. D., Christ M. H., Nielson C. S. The Data Analytics Journey: Interactions Among Auditors, Managers, Regulation, and Technology // Contemporary Accounting Research. 2021. No. 3.
FINANCIAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 3rd year 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
MAKHONIN Danila Dmitrievich
student of the 3rd year 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
BAVIN Dmitriy Evgenjevich
student of the 3rd year of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
ANALYSIS OF TAX OFFENCES: CAUSES, CONSEQUENCES AND WAYS TO OVERCOME
The article examines various ways of committing tax offenses, including concealment of income and understatement of the tax base. The reasons and factors contributing to the commission of tax offenses are considered: economic, political, moral and technical, as well as their consequences. An analysis of current legislation, current law enforcement practice is given. A number of measures aimed at preventing offenses in the tax sphere are proposed.
Keywords: taxes, tax offenses, tax evasion, Tax Code, budget deficit, fiscal authorities, tax control, tax culture.
Article bibliography
1. “Constitution of the Russian Federation” (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020).
2. Tax Code of the Russian Federation (TC RF) dated July 31, 1998 No. 146-FZ.
3. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on 06.04.2024).
4. “Criminal Code of the Russian Federation” dated 13.06.1996 No. 63-FZ (as amended on 06.04.2024).
5. “Criminal Procedure Code of the Russian Federation” dated 18.12.2001 No. 174-FZ (as amended on 22.04.2024) (as amended and supplemented, entered into force on 15.05.2024).
6. Order of the Prosecutor General’s Office of Russia dated24.10.2023 No. 736 “On the organization of prosecutorial supervision over the implementation of legislation in the tax sphere.”
7. Information letter of the Bank of Russia dated 27.12.2023 No. IN-08-12/69 “On increasing the attention of credit institutions to transactions with the participation of persons whose activities show signs of illegal activity in the financial market.”
8. Godme P. M. Financial law / Textbook edited by P. M. Godme. – M .: Progress, 1978. – P. 564.
9. Krokhina Yu. A. Tax law: textbook for the academic bachelor’s degree / Yu. A. Krokhina. – 7th ed., revised. and add. – M.: Yurait Publishing House, 2015. – P. 506.
10. Golova E. E. Tax offenses as a threat to the country’s economic security // Economy, entrepreneurship and law. – 2024. – Vol. 14. – No. 5.
11. Maiburov I. A. Mass opportunism of taxpayers as a consequence of the absence of tax morality in our society // Journal “Taxes and financial law”. – 2012. – No. 9. – P. 179-193.
12. Burova L. A. Tax evasion as a form of manifestation of shadow economic relations // Bulletin of the Buryat State University. – 2014. – No. 1. – P. 101-104.
FINANCIAL LAW
TRIFONOV Georgiy Dmitrievich
postgraduate student of the State Academic University of Humanities
PRACTICE OF APPLICATION OF LEGISLATION ON D IGITAL FINANCIAL ASSETS AND DIGITAL CURRENCY IN THE RUSSIAN FEDERATION: ANALYSIS OF COURT DECISIONS
This article examines some aspects of the legal regulation of the circulation of digital financial assets under sanctions. The emergence of digital values in civil circulation has necessitated not only the development of appropriate legal regulation. It is also necessary to take into account the current situation, complicated by the sanctions imposed against Russia.
The purpose of the article is to consider the features of the legal regulation of the circulation of digital financial assets under sanctions.
Research methodology. In the course of writing the article, a number of general scientific methods were used, which made it possible to comprehensively and thoroughly study the topic. The author used the following methods: induction and deduction, analysis and synthesis, logic, legal modeling and forecasting. Thanks to an integrated approach, it was possible to thoroughly study some aspects of the issue under study.
Research results. Based on the results of the study, it was possible to identify some aspects of the legal regulation of digital financial services under sanctions. It is concluded that information about investors is not transferred within the framework of international cooperation, it refers to confidential information stored in registers in the form of a record (code) and is not public in the registers of international exchanges. Accordingly, international sanctions risks are assessed as minimal. Therefore, digital assets can be freely used under sanctions.
Keywords: digital financial assets, money surrogates, digital currency, cryptocurrency, debt obligations, financial instruments, investment platforms, court, judicial practice, consumer protection legislation
Article bibliography
1. Andryushin S. A., Kuznetsova V. V. Financial markets, technological innovations and financial stability: risks and problems of regulation // Actual problems of economics and law. – 2019. – Vol. 13. No. 3. – P. 1315.
2. Koshelev K. A. Definition of the category “digital financial assets: economic, legal and accounting aspects // Innovations and investments. – 2021. – No. 2. – P. 114.
3. Laptev V. A. Digital assets as objects of civil rights // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 2. – P. 159-204.
4. Mashinova A. S. Legal aspects of the introduction of a digital railway into the economic system of the Russian Federation // Modern information technologies in education, science and industry. Collection of scientific papers of the XIV International Conference and XII International Competition of Scientific and Scientific-Methodological Works. – M .: OOO “Izd-vo” Ekon-Inform “, 2019. – P. 168.
5. Pravkin S. A., Smirnova V. V. On the issue of “digital human rights” in the digital economy // Legal bulletin. – 2020. – Vol. 5. No. 2. – P. 18.
6. Pravkin S. A., Smirnova V. V. Digital rights and digital financial assets // State and law: problems and prospects for improvement: collection of scientific papers of the 5th International Scientific Conference, Kursk, September 30, 2022. – Kursk: South-West State University, 2022. – P. 73-76.
7. Public-law means of efficient development of economy and finance. Part 1. Public-law means of digitalization of management, economic and social space: monograph / Co. of authors; edited by G. F. Ruchkina, M. A. Lapina. –M.: RUSAINS, 2020. – 246 p.
8. Sannikova L. V., Kharitonova Yu. S. Digital assets as objects of entrepreneurial turnover // Law and Economics. – 2018. – No. 4. – P. 25-30.
9. Digital assets and virtual property: how the virtual relates to the digital // Law. Ru. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2018/6/13/cifrovye_aktivy_i_virtualnoe_imuschestvo_kak_sootnositsya_virtualnoe_s_cifrovym (date of access: 10.11.2023).
10. Shaidullina V.K. Legal regulation of cryptocurrency turnover: foreign experience // Society: politics, economics, law. – 2018. – No. 4. – pp. 79-86.
TAX LAW
GARKAVAYA Yuliya Alexandrovna
student of the 3rd course of the Faculty of Law of the Financial University under the Government of the Russian Federation
MANDATORY METHOD LEGAL REGULATION IN TAX LAW
The article discusses aspects of the application of the imperative method in tax law. Today, the use of this method is complicated by a number of problems that are relevant for the development of society and the state, therefore it is necessary to pay special attention to solving such problems and proposing ways to eliminate them. The study of issues related to the use of the imperative method in tax legal relations will allow us to pay more attention to its impact on financial stability, social justice, overall economic development in the state, including answering the question about the results of its application and the need for it.
Keywords: imperative method, tax law, government regulation, tax legislation, tax legal relations.
Article bibliography
1. Nazarov V. N. On the method of tax law // Financial law. – 2009. – No. 8. – P. 26-30.
2. Revva S. Yu. Illegal tax optimization of personal income tax and insurance premiums: signs and liability // Legal Bulletin. – 2024. – V. 9. No. 1. – P. 81-93.
3. Ryadchin A. A. Method of legal regulation as a criterion for determining the essence of tax law // Bulletin of Volgograd State University. Series 9: Research of young scientists. – 2017. – No. 15. – P. 135-137.
4. Sibagatullina F. A., Maady A. I. Methods of legal regulation in financial law on the example of specific cases // Original research. – 2020. – Vol. 10. No. 11. – P. 187-191.
5. Khachaturov R. L. The concept of the method of legal regulation // Theoretical and practical problems of the development of the penal system in the Russian Federation and abroad: a collection of abstracts of speeches and reports of participants in the International scientific and practical conference, Ryazan, November 28-29, 2018. Vol. 2. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2018. – P. 526-532.
6. Shafikov D. A., Afzaletdinova G. Kh. Problems of the subject and method of financial law in modern conditions // Alley of Science. – 2018. – Vol. 6. No. 4 (20). – pp. 240-245.
ECOLOGICAL LAW
MOKRETSOV Yuriy Vladimirovich
Ph.D. in economical sciences, senior lecturer, associate professor of the Vologda Institute of Law and Economics of the FPS of Russia
THE LEGAL BASIS FOR THE USE OF ARTIFICIAL INTELLIGENCE IN THE FIELD OF ENVIRONMENTAL PROTECTION: CURRENT TRENDS AND PROSPECTS
This article discusses the possibilities of using modern information technologies based on the use of artificial intelligence, which can be used to simulate climate change and sustainable environmental development. Currently, the use of information technologies based on artificial intelligence in the field of ecology can become one of the main innovative tools for achieving sustainable development goals and ensuring a favorable environment. The use of artificial intelligence-based modeling tools requires the development of new regulatory and legal mechanisms. The article also suggests automating the process of monitoring and modeling ecosystems, which would open up new opportunities for developing effective strategies for sustainable environmental development. In order to improve environmental legislation, it is proposed to set out in a new edition some regulatory legal acts in the field of control and supervisory activities.
Keywords: green artificial intelligence, environmental safety, monitoring, forecasting.
BUSINESS LAW
ARTSYTOV Nikolay Andreevich
master student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
ABRAMOV Kirill Dmitrievich
magister student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
PUBLIC ADMINISTRATION REFORM IN THE FIELD OF STATE CONTROL (SUPERVISION): FIRST RESULTS
Changing approaches to public administration in terms of the formation of the principles of openness, digitalization of management processes carried out by the Government of the Russian Federation in order to ensure an increase in the index of trust of citizens and business communities in government, and a reduction in the administrative burden on entrepreneurs, was directly reflected in the restructuring of the system of state control (supervision) of business activities. Law No. 248-FZ has been in force for several years, although not in full, and is designed to consolidate at the legislative level new approaches to the state’s supervisory policy. During the period of validity of the Law, an understanding of the peculiarities of applying the innovations of the institution of supervisory activities has already developed, and the practice of implementing the provisions of the Law has also been formed. In this article, the authors offer an analysis of the problematic aspects of Law No. 248-FZ and provide criticism of its individual provisions. The authors concluded that it is necessary to eliminate some of the shortcomings that impede the implementation of the concept of the Law as a leading regulatory act in the field of state supervisory activities.
Keywords: state control (supervision), control measures, reform of legislation on state control (supervision).
Bibliographic list
1. Chambers D., McLaughlin P ., Stanley L. Regulation and poverty: An empirical examination of the relationship between the incidence of federal regulation and the occurrence of poverty across the US state // Public Choice. 2019. Vol. 180. No. 1-2. 144 p.
2. Minin A.A. Control and supervision as the boundaries of the influence of the authorized body on the business entity in the context of reforming control and supervisory activities // Entrepreneurial law. 2021. No. 2.
3. Control, supervision and permitting activities in the Russian Federation. Analytical report 2020-2021. [Electronic resource]. – Access mode: https://goskontrol-rspp.ru/upload/iblock/854/M2021_v.10.0 .pdf.
BUSINESS LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
QUEST SHOW AS AN OBJECT OF LEGAL PROTECTION
The article discusses the issues of legal protection of such a popular type of entertainment events as a quest show. The specified object is not named among the protected objects of intellectual rights, however, by its nature it is the result of intellectual activity. The article discusses the elements of the quest show protected as intellectual property. The author concludes that this object has the characteristics of a complex object, and therefore it is necessary to extend the legal effect of Article 1240 of the Civil Code of the Russian Federation to it. The author makes a proposal to amend the current legislation in terms of expanding the list of complex objects and including quest shows in it.
Keywords: quest show, intellectual property rights, exclusive rights, legal protection, complex object of intellectual property rights.
Article bibliographic list
1. Abramkina E. E. Game by someone else’s rules: a reality quest scenario as object of author’s examination // Jurislinguistics. – 2020. – No. 18. – P. 12-15.
2. Akimov A. Yu., Smirnov D. V. Creation of an instrumental system for the formation and conduct of quests in an open area // Bulletin of the Academy of Children’s and Youth Tourism and local history. – 2016. – No. 2. – P. 7-17. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sozdanie-instrumentalnoy-sistemy-dlya-formirovaniya-i – conducting-quests-on-the-open-territory (date of access: 27.04.2024).
3. Ananyeva A. Yu. Format of the result of intellectual activity as an emerging object of intellectual rights // Actual problems of Russian law. – 2019. – No. 7 (104). – P. 57-66.
4. Grigoriev D. “Format” as an object of copyright. – [Electronic resource]. – Access mode: https://zakon. ru/blog/2015/1/20/format_kak_obekt_avtorskogo_prava (date of access: 28.04.2024).
5. Kopylov A. Yu. Problems of qualification of complex objects of intellectual property rights // Journal of Russian Law. – 2021. – T. 25 . No. 6. – P. 75-90.
6. Decision of the Arbitration Court of Moscow dated 14.10.2014 in case No. A40-84902/14. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/19f0b7ed-bfc9-445d-b830-e55e4f55796f/5c96fbdb-e39b-47ae-a56c-dc820c59d2d7/A40-84902-2014_20141014_Reshenija_i_postanovlenija.pdf?isAddStamp=True ( access date: 27.04.2024).
7. Decision of the Meshchansky District Court of Moscow dated 06.04.2023 in case No. 2-190/2023. – [Electronic resource]. – Access mode: https://mos-gorsud.ru/rs/meshchanskij/services/cases/civil/details/60684ac0-c7ad-11ec-a907-c10293aa7b06 (date of access: 04/27/2024).
8. Smirnova E. “Quest room” as an object of copyright. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2015/7/14/kvestrum_kak_obekt_avtorskogo_prava (date of access: 04/27/2024).
BUSINESS LAW
KUDELYA Natalya Yurjevna
senior lecturer of Competition and business law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
MOZHENKO Nikita Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
ILLEGAL ENTREPRENEURIAL ACTIVITY
The relevance of The topic is due to the fact that there is no unified approach in determining the criminal-legal signs of illegal entrepreneurship. In this regard, theoretical and practical positions are analyzed. As a result, it is possible to develop certain conclusions concerning the studied topic. , as well as some problems. The authors emphasize the gaps that require further regulation.
Keywords: illegal entrepreneurship, entrepreneurial activity, elements of the crime, criminal law features, business law , criminal law.
Article bibliography
1. Morozova S. Yu. [et al.]. Entrepreneurial law: textbook for universities / Edited by S. Yu. . Morozova. – 3rd ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 592 p. – (Higher education). – Text: direct.
2. Merzlyakova A. V. Object of illegal entrepreneurship // EPP. – 2016. – No. 2. – P. 185-194.
3. Aleksandrova N. S., Kosorukova O. A. K the issue of criminal liability for illegal entrepreneurial activity // Humanitarian, socio-economic and social sciences. – 2019. – No. 3. – P. 78-81.
4. Borovikov V. B., Smerdov A. A. Criminal Law. Special Part: Textbook for Secondary Vocational Education / Pedited by V. B. Borovikov. – 7th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 505 p. – (Professional education). – Text: direct.
BUSINESS LAW
SCOBILEVA Irina Vyacheslavovna
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivost ok
MAKHONIN Danila Dmitrievich
student of the 3rd year 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
ON THE APPLICATION OF THE RISK-BASED APPROACH IN THE IMPLEMENTATION OF CONTROL AND SUPERVISORY ACTIVITIES
The article raises the question of the expediency of the application of risk-oriented approach by control and supervisory authorities. The authors cite foreign experience of using this method in the sphere of public administration, consider the prerequisites for its introduction in the Russian Federation. The current legislation is analyzed, gaps are identified, and possible options for eliminating the identified shortcomings are outlined. The vectors of risk-oriented system development in the era of digitalization are considered, with emphasis on the use of neural networks to automate data processing.
Keywords: risk-oriented approach, control and supervision activities, state control (supervision), state control (supervision) bodies, control activities, reform of control and supervision activities, risk categories, business entities.
Article bibliographic list
1. Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation” dated July 31, 2020 No. 248-FZ.
2. Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” dated December 26, 2008 No. 294-FZ.
3. Resolution of the Government of the Russian Federation of 17.08.2016 No. 806 (as amended on 28.09.2022) “On the Application of a Risk-Oriented Approach in Organizing Certain Types of State Control (Supervision) and Amending Certain Acts of the Government of the Russian Federation” (together with the “Rules for Classifying the Activities of Legal Entities and Individual Entrepreneurs and (or) the Production Facilities Used by Them as a Certain Risk Category or a Certain Class (Category) of Hazard”).
4. Passport of the priority program “Reform of control and supervisory activities” (Appendix to the minutes of the Presidium of the Council under the President of the Russian Federation for Strategic Development and Priority Projects dated 21.12.2016 No. 12).
5. Lapina M.A. The Essence of State Control (Supervision) and the Genesis of Its Legislative Definition // Bulletin of the Financial University. – 2016. – V. 20. No. 4. – P. 152-157.
6. Smetankina G. I., Dorokhova O. V. Foreign experience of applying a risk-oriented approach in the implementation of control and supervisory activities // World Science. – 2020. – No. 1 (34). – P. 454-458.
7. Pyatkov L. E. International experience of applying a risk-oriented approach in the implementation of financial control // Naukosphere. – 2021. – No. 6 (1). – P. 431-435.
8. Hi-News.ru: article “AI defeated the best London lawyers” dated 03.11.2017. – [Electronic resource]. – Access mode: https://hi-news.ru/technology/ii-pobedil-luchshix-londonskix-yuristov.html (date of access: 12.05.2024).
9. Tass.ru: V. V. Putin instructed to complete the transition to a risk-oriented approach by 2025 from 01.04.2024. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/20409361 (date of access: 07.05.2024).
10. Message of the President to the Federal Assembly 2024 – [Electronic resource]. – Access mode: http://duma.gov.ru/news/58905/ (date accessed: 07.05.2024).
11. Gov.ru: Business inspections have become more effective as of 09.02.2024. – [Electronic resource]. – Access mode: https://ac.gov.ru/news/page/proverki-biznesa-stali-effektivnee-27718 (date accessed: 07.05.2024).
12. Garant.ru: Risk-oriented approach: priority of state control reform as of 18.08.2020. – [Electronic resource]. – Access mode: https://www.garant.ru/article/1406579/ (date of access: 05/07/2024).
BUSINESS LAW
ARTSYTOV Nikolay Andreevich
magister student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
ABRAMOV Kirill Dmitrievich
magister student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
REFORM OF CONTROL AND SUPERVISORY ACTIVITIES IN RUSSIA AS A CONDITION FOR STABILITY OF ECONOMIC RELATIONS
The current state of the economic system of the Russian state requires a revision of previously established stereotypes in the relationship between business and the state, based on administrative pressure and the opacity of decisions made. The idea of a “service” state involves, first of all, reforming the public administration system, the structure of which includes control and supervisory activities. In this article, the authors, based on statistical data, show changes in the state’s approaches to carrying out control and supervisory activities, while identifying some problems that are delaying changes in this area. The authors generally positively admired the new principles of control (supervision) in economic activity. Limiting the types of control measures and the grounds for their implementation has already led to a reduction in the financial burden on business and has reduced the costs of the budget system for the maintenance of state control (supervision) bodies.
Keywords: state control (supervision), control measures, reform of legislation on state control (supervision).
Article bibliography
1. Control, supervisory and permitting activities in the Russian Federation. Analytical report 2020–2021. – [Electronic resource]. – Access mode: https://goskontrol-rspp.ru/upload/iblock/854/M2021_v.10.0.pdf.
2. Consolidated report on state control (supervision), municipal control in the Russian Federation in 2021. Prepared by the Ministry of Economic Development of the Russian Federation. – [Electronic resource]. – Access mode: https://ohranatruda.ru/upload/iblock/8df/9dgpkrkpx0bavnqzow3uk4qnjubkgwlx/Doklad-KND-za-2021.pdf.
CORPORATE LAW
TKACHENKO Anastasiya Alexandrovna
bachelor student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHIKOVA Tatyana 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, Krasnodar
KUZNETSOVA Yana Vyacheslavovna
bachelor student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
THE ESSENCE AND LEGAL NATURE OF THE CORPORATE AGREEMENT
The The article is devoted to the study of the essence of a corporate agreement and its place in the system of civil law contracts. The sufficiency of the provisions of civil legislation concerning the content of a corporate agreement is analyzed. The main problematic issues affecting the effectiveness of the use of a corporate agreement are identified. The authors of the article come to the conclusion that it is necessary to improve the norms of civil legislation aimed at specifying the essence, legal nature, and content of a corporate agreement. A proposal has been formulated on the expediency of including norms on state registration of a corporate agreement in the Civil Code of the Russian Federation and special laws.
Keywords: corporate agreement, corporation, business entity, participants in the corporate agreement.
Article bibliography
1. Zharikova M. N. Application of general provisions of the Civil Code on obligations to relations arising between the parties to a corporate agreement: author’s abstract. diss. … cand. jurid. . sciences. – M., 2021. – P. 42.
2. Guryev V. N. Shareholders’ agreements as a group of corporate agreements: diss. … candidate of legal sciences. – M., 2012. – P. 89.
3. Gabibova A. G., Glinshchikova T. V. Corporation as an object of a hereditary contract // Eurasian Law Journal. – 2023. – No. 1 (176).- pp. 134-135.
DIGITAL LAW
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
GUDKOVA Diana Ruslanovna
student of the Far Eastern Federal University, Vladivostok
INTELLECTUAL PROPERTY CREATED WITH THE HELP OF ARTIFICIAL INTELLIGENCE: PROBLEMS OF LEGAL PROTECTION
In the modern world, the prospects for creating intellectual property using artificial intelligence are visible to the naked eye. However, the legal regulation of this area is not sufficiently clear. Consequently, potential creators are afraid of the risks that may overtake them in an unprepared legal regime. That is why it is relevant to conduct research on the problems of legal protection of objects that are created directly by artificial intelligence. The article analyzes doctrinal proposals on the legal status of the result of intellectual activity and possible solutions to this issue from the point of view of the authors.
Keywords: artificial intelligence, intellectual property, civil rights and obligations, regulation, security and protection.
Article bibliography
1. National Strategy for the Development of Artificial Intelligence for the Period up to 2030, approved by Decree of the President of the Russian Federation of October 10, 2019 No. 49.
2. Gorodov O. A. Features of the transition of the results of intellectual activity into the public domain // News of Higher Education Institutions. Jurisprudence. – 2017. – No. 3 (332).
3. Gadzhiev G. A., Voynikanis E. A. Can a robot be a subject of law (search for legal norms to regulate the digital economy) // Law. Journal of the Higher School of Economics. – 2018. – No. 4. – P. 24-48.
4. Ponkin I. V., Redkina A. I. Artificial intelligence from the point of view of rights // Bulletin of RUDN. Series: Legal Sciences. – 2018. – Vol. 22. No. 1. – P. 91-109.
5. Rocco S. Originality and authorship in Al-generated works: the Australian copyright law perspective // Law and Media Working paper series / ed. Oreste Pollicino; editor-in-chief Marco Bassini. – Milan, 2021. – No. 6. – P. 1-12. – [Electronic resource]. – Access mode: https://www.medialaws.eu/wps-2021-6-originality-and-authorship-in-ai-generated-works/
ENERGY LAW
SKRYABIN Alexander Vladislavovich
student of the APP-23 group of the Baikal State University , Irkutsk
LEGAL REGULATION OF RELATIONS IN THE FIELD OF OIL AND GAS PRODUCTION: IDENTIFICATION OF PROBLEMATIC ASPECTS
The article analyzes the legal regulation of relations in the oil and gas extraction industry, identifying gaps and deficiencies in the legislation governing economic relations related to the design and development of deposits. The paper examines the system of regulations regulating the control over the process of oil and gas extraction in the Russian Federation, and also indicates the need to improve it in order to introduce measures of responsibility for violations in the field of environmental safety and negative impact on the environment.
Keywords: legal regulation, normative legal acts, norms, oil and gas industry, oil and gas production, environment.
Article bibliography
1. Bondarenko A. B. Status and prospects of legal regulation of fuel and energy complex industries of Russia // Energy law. – 2015. – No. 2. – P. 15-20.
2. Romanova V. V. On the specifics of the legal regime of oil and oil products // Energy law. – 2014. – No. 2. – P. 11-15.
3. Salieva R. N., Fatkudinov Z. M. Legal problems of oil and gas production regulation // Russian Justice. – 2009. – No. 4. – P. 2-5.
4. Shakerov R. Legislative support for oil production // EZh-Yurist. – 2017. – No. 31. – P. 8.
CRIMINAL LAW
ALYSHEV Sergey Sergeevich
associate professor of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
IMINAL VIOLENCE: CURRENT STATE AND BASIC TENDENCIES
The problem under study is very interesting and relevant, since violent crimes cover a group of the most socially dangerous attacks on life, health, bodily and sexual integrity of a person.
Violent crimes surpass many other criminal manifestations in terms of the degree of public danger and the severity of the caused consequences. Persons who commit violent crimes spread the stereotype of aggressive and violent behavior in the household and leisure microenvironment. It is precisely such criminal acts that are most reprehensible from the point of view of universal morality. The escalation of criminal violence causes reasonable concern among citizens.
Keywords: violence, trends, state of criminal violence, crime, prevention.
Article bibliography
1. Kirillova A. S. Criminological characteristics of violent crime // Student forum. – 2021. – No. 32-3 (168). – P. 5-8.
2. Mikhailov A. E., Semenov S. A., Tarakanov I. A. Violent crime: state and trends // Humanities, socio-economic and social sciences. – 2020. – No. 9. – P. 139-142.
3. Vaganova K. V. Violent crime in Russia: criminological characteristics and current preventive measures // Best research article. – 2020. – P. 119-123.
4. Grigoriev A. S., Kirillov M. A. Criminological characteristics of mercenary-violent crime // Current problems of criminal, penal law and criminology. – 2020.– pp. 94-98.
CRIMINAL LAW
AMIRKHANYAN Vahe Gagikovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
TATARENKO Andrey Alexandrovich
lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russi
GAVRILIN Sergey Alexandrovich
Deputy Head of Social and humanitarian disciplines sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
FEATURES OF THE ACTIVITIES OF THE DISTRICT COMMISSIONER FOR THE PREVENTION OF EXTREMIST CRIMES
The activities of local police commissioners for the prevention of extremist crimes are of particular importance in the context of modern challenges and threats. This article reveals the specifics of the work of district police officers in countering extremist manifestations, focusing on preventive measures and interaction with the public. The methods of detecting and suppressing the spread of extremist materials, as well as ways to counteract recruitment into extremist organizations, are described. Special attention is paid to the legal foundations of the activities of district commissioners in the field of prevention of extremism and the importance of observing the rule of law in the implementation of preventive measures. The issues of information and explanatory work with the population and improving the legal literacy of citizens are considered. In conclusion, the need to improve the forms and methods of work of district commissioners in this area is emphasized in order to ensure public safety and prevent threats of extremism.
Keywords: local police commissioner, extremism, terrorism, crime fighting, terrorist organizations.
Article bibliography
1. Kirillov I. A. On the problem of the causes of terrorism. // Siberian legal Bulletin. – 2018. – No. 2. – P. 24-29.
2. Kochoi S. A. On counteracting extremism // Criminal law. – 2018. – No. 2. – P. 103-106. < br /> 3. Kuznetsova N. F. Problems of Crime Qualification. Lectures on the special course “Fundamentals of Crime Qualification” / Scientific. Ed. and Preface. V. N. Kudryavtseva. – M.: Publishing house “Gorodets”, 2018. – P. 27-33.
4. Luchin V. O. Constitution of the Russian Federation. Issues of implementation. – M.: UNITY-DANA , 2018. – 96 p.
5. Marlukhina E. O., Rozhdestvina A. A. Commentary on Federal Law No. 35-FZ of February 26, 2013 “On Counteracting Terrorism”. – M .: Eksmo, 2019 . – 215 s.
CRIMINAL LAW
BAIROV Andrey Semyonovich
Ph.D. in philosophical sciences, senior lecturer of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
HEROIN CONSUMPTION ESTIMATES WITHIN A PARTICULAR REGION (ON THE EXAMPLE OF THE IRKUTSK REGION)
The article deals with the actual and practically significant problem of calculating the volume of drug consumption. The analysis of the information of the drug dispensary and the information center of the Ministry of Internal Affairs was carried out. The level of annual heroin consumption in the Irkutsk region has been approximately calculated. The routes for the entry of heroin into the territory of the Irkutsk region have been studied. Data from the regional psychoneurological dispensary were analyzed. The average daily dose of opiate consumption in the region has been established. The content of diacetylmorphine in seized controlled substances was calculated.
Keywords: heroin, diacetylmorphine, opium addiction, wholesale lots, average daily dose, recidivism, formula.
Article bibliography
1. Archive of the Information Center of the Main Directorate of the Ministry of Internal Affairs for the Irkutsk Region.
2. Data of the Irkutsk Regional Psychoneurological Dispensary
3. Order of the Federal Drug Control Service of Russia dated March 29, 2013 No. 122-R.
CRIMINAL LAW
BARANOVA Ekaterina Pavlovna
lecturer of Civil law disciplines sub-faculty of the Pskov branch of the University of the FPS of Russia
THE GENESIS OF DEVIANT BEHAVIOR OF CONVICTED WOMEN SERVING SENTENCES IN PRISON
The article is devoted to the consideration of a negative social phenomenon – the commission of crimes by women while they are serving a sentence of imprisonment. The author reflected the reasons contributing to the formation of primary criminal motivation, as well as contributing to the commission of illegal acts within penitentiary institutions. The author suggests solutions to the identified problem, involving an integrated approach.
Keywords: women’s crime; crime in places of deprivation of liberty; causes of crimes; preventive methods; an integrated approach.
Article bibliography
1. Antonyan Yu. M. Psychological alienation of the individual and criminal behavior. – Yerevan, 1987. – P. 20.
2. Abeltsev S. N. Personality of the criminal and the problems of criminal violence. – Moscow, 2000. – P. 79.
3. Khokhrin S. A, Smirnov S. N. Experience of public-private partnership of the Federal Penitentiary Service of Russia in the Komi Republic // Analytical review. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2014. – P. 5.
4. Rastoropov S. V. Combating intentional infliction of serious harm to the health of citizens in correctional labor colonies. – Ryazan, 1996. – P. 115.
CRIMINAL LAW
GILMUTDINOVA Alina Faritovna
postgraduate student (scientific specialty 5.1.4 – criminal law sciences) of the Institute of Law of the Chelyabinsk State University
strong>THE CONVERGENCE METHOD IN THE LEGAL REGULATION OF THE PROCESS OF IDENTIFYING SIGNS OF TAX CRIMES
To date, no unified position has been developed on the issue of the list of reasons for initiating a criminal case on the grounds of crimes provided for in Articles 198-199 of the Criminal Code of the Russian Federation (tax crimes). The legislator made this list as wide as possible, then reduced it. His latest decision to reduce the list to one entity, the tax authority, is perceived ambiguously among the scientific community of law enforcement officials. Such a situation can become a factor that negatively affects the uniformity of judicial practice, the final results of criminal proceedings, and, in general, the implementation of the constitutional principles of legality, equality, justice, and respect for the dignity of the individual (Part 2 of Article 15 of the Constitution).
The task is set in the list of existing ones to formulate one’s own position on the latest changes in the grounds for initiating criminal cases on tax.
The methodological basis of the study was the dialectical-materialistic method of cognition, through which the contradictory process of developing ideas about subjects who are authorized to initiate criminal proceedings on tax crimes is revealed; the systematic-structural method of determining and analyzing the same means of identifying signs of a tax crime, the regulation of the procedure for the application of which is determined by different legislation – criminal procedural and tax law.
The study reveals the competition of opinions and the author’s position on the issue of greater/lesser effectiveness of the means, the procedure for the application of which is regulated by various branches of law (criminal procedure, tax)
The increasing tendency of convergence of tax legislation norms into criminal proceedings is also proved.
Keywords: convergence, the stage of initiation of a criminal case, signs of tax crimes.
Article bibliographic list
1. Aminev F. G. Convergence in procedural law and problems of forensic practice // Forensic expert. 2022. No. 1. P. 38-39.
2. Glukhova E. V., Sergeev A. B. Legislative regulation of the use of operational search activities results in criminal proceedings in relation to European guidelines for the legality of their (ORM) implementation // Russian investigator. 2017. No. 11. P. 8-12.
3. Glukhova E. V., Sergeev A. B. International law and decisions of the European Court in the development of domestic criminal proceedings. Chelyabinsk, 2018.
4. Ershova I. V., Tarasenko O. A. Law enforcement practice on establishing facts of legal significance in the field of entrepreneurial activity // Entrepreneurial law. 2020. No. 3. P. 3-10.
5. Kuptsov I. A. Initiation of a case on a tax crime is again impossible without the initiative of the tax service // Law. 2023. No. 6. P. 161-177.
6. Ryabokonev S. I., Sergeev A. B. Competing directions of further development of pre-trial investigation and investigation in the court of first instance // Bulletin of the Academy of the Investigative Committee of the Russian Federation. 2019. No. 1 (19). P. 110-113.
7. Sergeev A. B. Critical analysis of certain provisions of the draft federal law “On forensic activity in the Russian Federation” // Legal science and law enforcement practice. 2019. No. 2 (48). P. 156-162.
8. Khokhryakova E. A., Sergeev A. B. The stage of initiation of a criminal case – an “atavism” of the criminal process? // Bulletin of the Chelyabinsk State University. 2015. No. 17 (372). P. 163-170.
9. Sharipova A. R. Conceptual foundations of inter-branch convergence in judicial proceedings on criminal cases: dis. … Doctor of Law. Federal State Budgetary Educational Institution of Higher Education “Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation”of the Russian Federation”. 2023. 503 pp. // Forensic expert. 2022. No. 1. P. 38-39.
CRIMINAL LAW
EFREMOVA Olga Sergeevna
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Faculty of Law of the St. Petersburg University of the FPS of Russia
ON SOME CURRENT CRIME TRENDS IN THE RUSSIAN FEDERATION
The scientific article examines some current trends in crime in the Russian Federation. The official statistics of the Ministry of Internal Affairs of the Russian Federation on certain types of crime for 2020-2023 are analyzed Based on. In the analysis, the following trends were identified: a decrease in the total number of registered crimes; an increase in the number of disclosures by law enforcement officers of crimes in previous years; an increase in the number of detected crimes related to drug trafficking, as well as committed crimes of this type for the purpose of sale; reducing the number of crimes committed by foreign citizens. For each of these trends, current prevention and prevention measures are considered, including taking into account specific types of crime.
Keywords: crime, trends, patterns, measures, prevention, prevention.
Article bibliography
1. Ivanov R. V., Krasnikov N. I. Methods of preventive action against organized ethnic crime and the system of measures that comprise them // Criminal-executive system: law, economics, management. – 2024. – No. 1. – P. 17-19.
2. Koimshidi G. F. Criminal prevalence of the Russian Federation. In the collection: Problems of development of modern society. Collection of scientific articles of the 9th All-Russian national scientific and practical conference . In 3 volumes. – Kursk, 2024. – P. 260-263.
3. Korsikova N. A., Lukyanova G. V. Regulatory framework for preventing migration crime: a criminological study // Law. Law. State. – 2023. – No. 4 (40). – P. 41-43.
4. Kuvaev A. M., Saprunov A. G. Organized crime as a threat to national security of the Russian Federation // Epomen.- 2018. – No. 17. – P. 53-57.
5. Usacheva E. A. Improvement of state fingerprint registration in the Russian Federation at the present stage. DOI 10.17150/2411-6262.2023.14(3).1244- 1252. EDN UPQWLM // Baikal Research Journal. – 2023. – T. 14. No. 3. – P. 1244-1252.
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
TYPES OF CRIMES AND TYPES OF RISKS ASSOCIATED WITH THE INTERNET ENVIRONMENT INTERNET OFFENSES: CLASSIFICATION, RISKS AND PREVENTION MEASURES
This article is devoted to the issue of analyzing the types of crimes and risks associated with the Internet environment. The paper details the concept and features of cybercrime, classifies computer crimes, considers measures to combat cybercrime, considers and analyzes the types of risks arising from the user’s interaction with the Internet environment. Special attention is paid to the formation of professional competencies of law enforcement officers in the field of combating cybercrime.
Keywords: crimes, cybercrimes, risks, Internet, Internet environment.
Article bibliographic list
• Voyskunsky A. E. Psychology and the Internet. – M.: Akropol, 2010. – 439 p.
• Voyskunsky A. E . Phenomenon of Internet addiction // Humanitarian research on the Internet / Ed. by A. E. Voyskunsky. – M., 2006. – P. 100-131.
• Criminal Code of the Russian Federation of 13.06.1996 N 63- F3 // “Collection of Legislation of the Russian Federation”. – 17.06.1996. – N 25.
• Young K. S. Caught in the net: how to recognize the signs of Internet addiction – and a winning strategy for recovery / By Kimberly S. Young, – Canada, 1998. – 248 p.
• Tsarkova E. G., Zorina N. S. On the issue of using visualization tools in analyzing crime data in the regions // Law and Management. – 2024. – No. 2. – P. 127-131.
CRIMINAL LAW
KOZARENKO Yuliya Igorevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Educational and scientific complex on the preliminary investigation in the DIA of the Volgograd Academy of the MIA of Russia
TEZIKOV Dmitriy Alexandrovich
senior lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
NARCOTIC PLANTS AND NARCOTIC DRUGS AS AN OBJECT OF CRIME
In the article, the author examines the views and relationship between narcotic and narcotic plants. The characteristics of individual drugs and plants that lead to judicial practice in the field of rapid drug trafficking are given. Drugs and plants that most often appear as a subject of crime are considered. The author describes the main trends in the world in the field of drug legalization. In addition, we are pursuing further criminal enforcement measures against illegal drug trafficking.
Keywords: drugs, addiction, cannabis, sale, mixtures, consumption, legalization.
Article bibliographic list
1. Federal Law of 01/08/1998 No. 3-FZ (as amended on 04/28/2023) “On narcotic drugs and psychotropic substances” // Collection of legislation of the Russian Federation. – 1998. – No. 2. – Art. 219.
2. Decree of the President of the Russian Federation of November 23, 2020 No. 733 (as amended on March 29, 2023) “On approval of the Strategy of the state anti-drug policy for the period up to 2030”. [Electronic resource. – Access mode: https: //www.consultant.ru/ (date accessed: 17.04.2024).
3. RF Government Resolution of 30.06.1998 No. 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation » // Collection of Legislation of the Russian Federation. – 06.07.1998. – No. 27. – Art. 3198.
4. Decision of the Supreme Court of the Russian Federation dated 09.10.2023 No. AKPI23-449. [Electronic resource. – Access mode: https://base.garant.ru/(date of access: 17.04.2024). < br /> 5. Sentence of the Yegoryevsky City Court of the Moscow Region dated September 29, 2023 in case No. 1-375/2023. [Electronic resource. – Access mode: https://sudact.ru/ (date of access: April 17, 2024 ).
6. Report of the International Narcotics Control Board for 2022. [Electronic resource. – Access mode: https://unis.unvienna.org/ (date of access: 21.04.2024).
7. Prokhorova M. L., Mikhailov A. E., Pikin I. V. [et al. ] Legal and organizational foundations for combating drug trafficking: textbook / Under the general editorship of M. L. Prokhorova, A. E. Mikhailov. – Moscow: INFRA-M, 2024. – 298 p.
8. Yachmeneva M. A. The subject of a criminal offense as an element of the forensic characteristics of crimes related to illegal drug trafficking committed with the participation of minors // South Ural forensic readings. reports of the scientific and practical conference (Ufa, 12/24/2020). Issue 28 / Responsible editor: R. I. Zainullin. – Ufa: RIC BashSU, 2021. – pp. 64-70.
9. Coca: The History and Medical Significance of an Ancient Andean Tradition // Hindawi Publishing Corporation Emergency Medicine International Volume 2016. [Electronic resource. – Access mode: http://dx.doi.org/ (date of access: 04/21/2024).
CRIMINAL LAW
MAKHAEV Makhmud Abdulkadyr-ogly
Ph.D. in Law, senior lecturer of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ALIEV Abdulmalik Magomedovich
Ph.D. in Law, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
GENOCIDE AS A CRIME UNDER RUSSIAN CRIMINAL LAW
The article examines genocide as one of the most serious crimes against humanity, analyzing its regulation under Russian criminal law (Article 357 of the Criminal Code of the Russian Federation), judicial practice, issues, and ways to further improve legislation, as well as problems of international cooperation in this field.
Keywords: genocide, crimes against humanity, criminal liability, international law, UN Convention.
Bibliography of articles
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on July 28, 2023) // SPS “Consultant Plus”.
2. Belyaev A. A. Criminal liability for genocide: theory and practice // Journal of Russian law. – 2022. – No. 5. – P. 34.
3. Moskalov G. . L. Law enforcement practice in cases of genocide: Russian and international experience // Criminal law. – 2020. – No. 7. – P. 78.
4. Safronova E. V. Problems of criminal liability for genocide in Russian law // Bulletin of Moscow University. Series 11: Law. – 2021. – No. 4. – P. 56.
CRIMINAL LAW
MESHCHERYAKOVA Tatyana Viktorovna
senior lecturer of Administrative and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KHASNUTDINOV Renat Rafailjevich
Ph.D. in Law, associate professor, associate professor of Organization of combating economic crimes sub-faculty of the Institute of Law of the Samara State University of Economics
ON THE ISSUE OF THE MAIN DIRECTIONS OF COUNTERING VIOLENT CRIME IN PLACES OF DETENTION
The article examines the criminological and criminal law features of penitentiary crime against life and health. In particular, it is noted that there is a need to strengthen criminal liability for violent crimes committed by convicts in isolation from society. In addition, there is a significant decrease in the number of convicts held in correctional institutions against the background of a consistently high proportion of penitentiary crime. Also of great importance is the latent component of the type of crime under consideration, indicating the presence of problematic issues in the organization of work on the identification and disclosure of violent crimes in correctional institutions. On this basis, specific measures are proposed, primarily of a criminal and organizational and managerial nature, aimed at optimizing the prevention of violent crime in places of detention.
Keywords: violent crime , life, health, convict, counteraction, correctional institution.
Article bibliographic list
1. Criminology: textbook for universities / Yu. M. Antonyan. – 3rd ed., revised. and additional — Moscow: Yurait Publishing House, 2024. — P. 335.
2. Meeting with the Chairman of the Supreme Court Vyacheslav Lebedev // President of Russia: official website. [Electronic resource]. – Access mode: http://www.kremlin .ru/events/president/news/71173 (date accessed: 09.04.2024).
3. On approval of the Concept for the development of the penal system of the Russian Federation for the period up to 2030: order of the Government of the Russian Federation of April 29, 2021 . No. 1138-r. – Text: electronic // Reference and legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consul tant.ru (date of access: 04/09/2024).
CRIMINAL LAW
NABIULLINA Viktoriya Romanovna
senior lecturer of Technosphere safety sub-faculty of the Northern Trans-Ural State Agricultural University, Tyumen
ADMINISTRATIVE PREJUDICE AS A MEANS OF DISTINGUISHING OFFENSES PROVIDED FOR IN ARTICLE 207.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION AND PART 9 OF ARTICLE 13.15 OF THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION
The article analyzes statistical information and court decisions concerning the use of Art. 207.1 and 207.2 of the Criminal Code of the Russian Federation in law enforcement practice. The new offenses of public dissemination of knowingly false socially significant information introduced in 2020 need to be improved taking into account the current practice. In particular, in connection with the need to eliminate sectoral competition between Article 207.1 of the Criminal Code of the Russian Federation and part 9 of Article 13.15 of the Code of Administrative Offences of the Russian Federation, it is proposed to provide for administrative prejudice under Article 207.1 of the Criminal Code of the RF, which will make it possible to unambiguously distinguish between the offenses.
Keywords: knowingly false information, socially significant information, administrative prejudice, article 207.1 of the Criminal Code of the Russian Federation, part 9 of article 13.15 of the Code of Administrative Offences of the Russian Federation.
Article bibliographic list
1. Tarhanov I. A. , Bikeev I. I., Latypova E. Y., Begishev I. R., Nikitin S. G., Magometovich B. A. Pandemia and Criminal Law: On Criminalization of Socially Dangerous Actions in Russia // In Laplage Em Revista. – 2020. – Vol. 6(A). – R. 63-68.
2. Latypova E. Yu . On the criminalization of certain criminal acts in the context of the COVID-19 pandemic // Legal and moral aspects of the functioning of civil society. Collection of materials of the International scientific and practical conference dedicated to the memory of the honored scientist of the Russian Federation, Doctor of Law, Professor V. P. Malkov. 2 parts. 2020. P. 462-469.
3. Balandin V. I. On the grounds and limits of criminalization of public dissemination of knowingly false information in the media and information and telecommunication networks // Bulletin of Yaroslavl State University. Series Humanities.- 2021. – Vol. 15. No. 3. – P. 398-407.
4. Tonkikh K. G. Problems of distinguishing between public dissemination of deliberately false socially significant informationand within the framework of criminal and administrative liability // Problems and prospects in the international transfer of innovative technologies. Collection of articles based on the results of the International scientific and practical conference. – Sterlitamak, 2021. – P. 77-81.
CRIMINAL LAW
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 of the Academy of the FPS of Russia
CRIMINAL LEGAL ASSESSMENT OF THE ACTS OF A PERSON OCCUPYING A HIGHER POSITION IN THE CRIMINAL HIERARCHY
The article examines the signs of the corpus delicti provided for in Part 4 of Articles 210 and 210 .1 of the Criminal Code of the Russian Federation, which provides for criminal liability for a person occupying a higher position in the criminal hierarchy. The peculiarity of the issue is that a person is criminally liable for having a high criminal status, that is, a person is liable not for an act, but for a state in public life. The difficulty in law enforcement lies in determining the moment of the end of this crime. The fact of leadership in the criminal world, within the meaning of the law, forms the composition of a completed crime.
Keywords: organized crime, the fight against crime, the leader occupying the highest position in the criminal hierarchy, the head of the organized crime group.
Article bibliographic list
1. Skoblikov P. A. The highest position in the criminal hierarchy. – M., 2021. – P. 9.
2. Pikin I. V., Tarakanov I. A. Occupying the highest position in the criminal hierarchy: features of criminal-legal qualification // Actual problems of the state and law. – 2021. – No. 5 (19). – P. 501.
3. Agapov P. V., Salnikov N. V., Kondratyuk S. V. Actual issues of implementation of criminal liability for occupying the highest position in the criminal hierarchy // Law and order: history, theory, practice. – 2021. – No. 3 (30). – P. 51.
4. Topilskaya E. V. On the features of the crimes provided for in Articles 210 and 210.1 of the Criminal Code of the Russian Federation // CriminalistЪ. – 2020. – No. 2 (31). – P. 39.
5. Novozhilov S. S. Features of persons with status leadership in the criminal environment // Legal studies. – 2023. – No. 5. – P. 32.
6. Novozhilov S. S. Highest position in the criminal hierarchy: problems of applying part 4 of article 210 and article 210.1 of the Criminal Code of the Russian Federation // Legal studies. – 2022. – No. 4. – P. 56.
CRIMINAL LAW
OPENCHENKO Ivan Vladimirovich
lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
KOVALEV Vitaliy Vitaljevich
Ph.D. in technical sciences, Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
GAZIZOV Timur Irshatovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ANALYSIS OF MODERN CHANGES AND ADDITIONS TO THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The Criminal Code of the Russian Federation, like any other legislation, is not static. It is constantly changing and being supplemented, reflecting changes in society, new trends in crime and the improvement of the legal system. In recent years, the number of amendments and additions to the Criminal Code of the Russian Federation has increased significantly, which actualizes the study of problems related to this process. Over the past few years, many changes have been made to the Criminal Code of the Russian Federation, which have changed the existing criminal law policy. This situation is due to the following reasons: turbulence in international relations, flat-shaped consequences, the economic crisis, the departure of many foreign companies from Russia, the conduct of a special military operation (hereinafter referred to as SVO) and many others, which necessitates a comprehensive analysis of modern criminal legislation.
Keywords: Criminal Code, changes and amendments, criminal legislation, special military operation, trends, pandemic.
Article bibliography
1. Kleymenov M. P. Methodology of criminal-legal forecasting // Law enforcement. – 2022. – No. 4. – P. 277-288.
2. Lopashenko N. A. Main results of criminal legislation reform in 2022: analytical review // Lex Russica. – 2023. – No. 4 (197). – P. 115-135.
3. Sitnikova A.I. Moratorium on the currentchanges in criminal legislation: PRO ET CONTRA // Legal technology. – 2023. – No. 17. – P. 463-469.
CRIMINAL LAW
PICHUGIN Sergey Andreevich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
CRIMINAL LIABILITY FOR AN ACT PROVIDED FOR IN ARTICLE 282.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: REGULATION AND ENFORCEMENT ISSUES
The article is dedicated to the issues of responsibility for the crime provided for in Article 282.4 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 282.4 of the Criminal Code of the Russian Federation and the practice of its application. The main attention is paid to the characteristics of the subject of the crime (various types of attributes and symbols prohibited by current legislation) and the objective side. Based on the analysis of normative legal acts, literary sources and law enforcement practice, the legally significant signs of the specified corpus delicti, as well as issues of its qualification, are considered. Examples from judicial practice of the application of Article 282.4 of the Criminal Code of the Russian Federation are given, its problematic aspects are indicated. In the final part, conclusions are drawn on the topic of the study.
Keywords: extremism, extremist organization, Nazi paraphernalia and symbols, paraphernalia and symbols of an extremist organization, prohibited paraphernalia and symbols, crime, punishment, criminal law.
Article bibliographic list
1. Abdullin A. R. Criminalization of repeated propaganda s or public display of Nazi paraphernalia or symbols (Article 282.4 of the Criminal Code of the Russian Federation) // Eurasian Legal Journal. – 2022. – No. 11 (174). – P. 192-193.
2. Shavyrkin I. A., Volkov A. S. Normative consolidation of the signs of the composition of crimes defined by the provisions of Chapter 29 of the Criminal Code of the Russian Federation // Legal science. – 2023. – No. 6. – P. 175-178.
3. Criminal law of the Russian Federation. Special part: textbook / I. V. Pikin, M. L. Prokhorova, N. A. Gorshkova [et al.]; under the general editorship of M. L. Prokhorova, I. V. Pikin. – Moscow: INFRA-M, 2024. – 642 p. + Additional materials. – (Higher education). [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/2092336 – ISBN 978-5-16-019165-2.
4. Sheveleva K. V. Criminal-legal means of protecting the historical memory of the peoples of the Russian Federation about the events of World War II and the Great Patriotic War: dis. … Cand. of Law. – Moscow, 2023. – 243 p.
5. Dictionary of foreign words: edited by I. V. Lekhin and prof. F. N. Petrov. – Moscow: YUNVES, 1995. – 832 p.
6. Rydchenko K. D. Some features of ensuring the ban on propaganda and public display of Nazi attributes and symbols // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2009. – No. 2. – P. 60-65.
7. Pikin I. V., Tarakanov I. A., Pichugin S. A. Problems of criminal-legal counteraction to propaganda or public demonstration of attributes and symbols of extremist organizations // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023 – T. 9 (75). No. 3. – pp. 502-507.
CRIMINAL LAW
POVALYAEV Eduard Andreevich
lecturer of Operational investigative activities and special equipment sub-faculty of the Lugansk branch of the Voronezh Institute of the MIA of Russia, major of police
strong>THE DEVELOPMENT OF DOMESTIC LEGAL NORMS PROVIDING FOR RESPONSIBILITY FOR MURDER. THE OCCURRENCE OF QUALIFYING SIGNS
The article will consider the norms of law providing for responsibility for the commission of murders, early sources of law that operated on the territory of Russia in different historical periods, the circumstances aggravating the murders are identified, their partial analysis is carried out, and comparison with the norms of criminal law in modern Russia. The continuity of qualifying features from one source to another is displayed, as well as their significance for the formation of the current norms of the criminal legislation of the Russian Federation.
Keywords: murder, qualifying feature, criminal liability, source of law.
Article bibliographic list
1. Code of Law of 1497 // Internet portal “Wikisource”. [Electronic resource]. – Access mode: https://ru.wikisource.org/wiki/%D0%A1%D1%83%D0%B4%D0%B5%D0%B1%D0%BD%D0%B8%D0%BA_1497_%D0%B3%D0%BE%D0%B4%D0%B0 (date of access: 18.02.2024)
2. Penal Codepenal and correctional, department two. – St. Petersburg: Type. 2 departments of the proper. e. i. v. chancery, 1845. // Internet portal “Russian State Library”. [Electronic resource]. – Access mode: https://dlib.rsl.ru/viewer/01002889696 (date of access: 19.02.2024)
3. Internet portal “National Legal Internet Portal of the Republic of Belarus”. Criminal Code of 1903. [Electronic resource]. – Access mode: https://pravo.by/upload/pdf/krim-pravo/ugolovnoe_ulogenie_1903_goda.pdf (date accessed: 20.02.2024)
4. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 31.07.2020) // [Electronic resource]. SPS “ConsultantPlus” (date accessed: 20.02.2024)
5. Federal Law of December 8, 2003 No. 162-FZ “On Amendments and Additions to the Criminal Code of the Russian Federation” (with amendments and additions) // SPS “Garant”. [Electronic resource]. – Access mode: http://base.garant.ru/12133485/1cafb24d049dcd1e7707a22d98e9858f/#ixzz6kObqhhH4 (date of access: 02.21.2024)
CRIMINAL LAW
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
GILEMKHANOVA Aigul Galievna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire Training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
SHESTAKOVA Natalya Nikolaevna
Deputy Head of the Investigation Department of the Department of the MIA of Russia for the city of Megion of the MIA of Russia for the Khanty-Mansiysk Autonomous Okrug, major of police
FEATURES OF THE APPLICATION OF PUNISHMENTS NOT RELATED TO ISOLATION IN RELATION TO MINORS
This article examines the specifics of the appointment of alternative types of punishment for minors not related to imprisonment. Special emphasis is placed on the forced labor activity of juvenile convicts, including the imposition of such types of punishments as: compulsory labor, correctional labor. The authors analyze the effectiveness of such measures as a means of punishment and a tool for socialization, discipline and the acquisition of practical skills for minors. The article also offers recommendations on improving the norms of criminal legislation governing the imposition of fines against minors.
Keywords: juvenile delinquent, punishment, fine, correctional labor, compulsory labor, alternative punishments.
Article bibliographic list
1. Buryanova E. S. Prospects for the development of punishments alternative to imprisonment // Forum of young scientists. – 2022. – No. 11 (75). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perspektivy-razvitiya-alternativnyh-lisheniyu-svobody-nakazaniy (date of access: 01.05.2024).
2. Golberg K. A. On some issues of the controversial concept of “punishments not associated with isolation from society” // Gaps in Russian legislation. – 2017. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-voprosah-diskussionnosti-ponyatiya-nakazaniy-ne-svyazannyh-s-izolyatsiey-ot-obschestva (date of access: 01.05.2024).
3. Kashuba Yu. A. The system of criminal punishments for minors: current state and reform trends // Bulletin of the Kuzbass Institute. – 2018. – No. 4 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sistema-ugolovnyh-nakazaniy-nesovershennoletnih-sovremennoe-sostoyanie-i-tendentsii-reformirovaniya (date of access: 01.05.2024).
4. Rogova E. V., Gaidai M. K. Current state of practice of applying criminal penalties to minors // Bulletin of the UYU. – 2020. – No. 1 (87). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennoe-sostoyanie-praktiki-primeneniya-ugolovnyh-nakazaniy-k-nesovershennoletnim (date of access: 01.05.2024).
5. Churlyaeva I. V., Vyborova A. N. Punishments alternative to imprisonment applied to minors // Bulletin of the Law Faculty of the Southern Federal University. – 2021. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nakazaniya-alternativnye-lisheniyu-svobody-primenyaemye-v-otnoshenii-nesovershennoletnih-lits (date of access: 05/01/2024).
CRIMINAL LAW
TONAEV Tonay Magomednyuryevich
magister student of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL LIABILITY AS A TYPE OF LEGAL RESPONSIBILITY
The article studies the issues of criminal responsibility, which is considered from the position of a variety of legal responsibility. The range of views on the essence and content of criminal responsibility is determined, the concept of criminal responsibility, distinctive criminal responsibility, the content, as well as the types of punishments that are awarded to the perpetrator when carrying out an illegal act are considered. The legal comparative analysis of criminal responsibility with other types of legal responsibility is carried out. On the basis of the studied material, the author’s definition of criminal responsibility is formulated, its content is disclosed and features that distinguish criminal responsibility from other types of legal responsibility are revealed. It is noted that each crime committed entails criminal liability. Recognition of a person convicted of committing a crime as a convicted person entails criminal consequences.
Keywords: legal responsibility, criminal responsibility, duty, state condemnation, limitations, attributes, offenses.
Article bibliography
1. Avkopashvili D. T. Current issues of criminal liability // Legal science in the 21st century: current problems and prospects for their solutions. – Shakhty, 2020. – P. 42-43.
2. Bogdanov A. V. Criminal liability as a type of legal liability: concept, content and features // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 245 -247.
3. Borisenko I. A. The concept of criminal liability. Classification of measures of criminal-legal nature // Young scientist. – 2023. – No. 23 (470). – P. 296-301.
4. Golendeev A. S. Concept and general characteristics of release from criminal liability // Student Bulletin. – 2022. – No. 14-4 ( 206). – P. 28-30.
5. Dolgopolov K. A. Concept and legal nature of the basis of criminal liability // Journal of Legal Research. – 2023. – Vol. 8. No. 1. – P. 50- 56.
6. Dubovskaya A.K. Criminal liability as a type of legal liability // Modern Science. – 2022. – No. 4-1. – P. 104-109.
7. Nurkaeva M.K. The nature of criminal liability // Law: retrospective and prospect. – 2021. – No. 1 (5). – P. 80-84.
8. Sentsov A.S. , Volkolupova V. A. On the concept of criminal liability: general theoretical aspects // Innovations. Science. Education. – 2022. – No. 52. – P. 309-315.
9. Sidorov D. E. The concept of criminal liability in criminal law and its content // Criminal-legal and criminological directions of combating crime: Collection of materials of the Interregional scientific and practical conference of faculty, postgraduate students and students. – Simferopol, 2024. – P. 133-135.
10. Sukhanberdieva, D., Abdykadyrov D. Z. The concept of criminal liability and its types // In Situ. – 2023. – No. 5. – P. 139-141.
11. Chernyshova E. A. Criminal liability: concept, features, grounds, moment of occurrence, form of implementation // Scientific news. – 2022. – No. 28. – P. 346-348.
CRIMINAL LAW
KHAMZYAEVA Yuliya Radikovna
Ph.D. in Law, lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia
CRIMINAL LAW COUNTERACTION TO THE FINANCING OF TERRORIST ACTIVITIES
The article examines the relevance of the topic of terrorism for Russia, examines statistical data on the number of registered terrorist crimes. The special significance of the topic of terrorism for Russia has been revealed. The analysis of criminal legislation in the field of counteraction to terrorism is carried out. Gaps related to the definition of “financing of terrorism” have been identified. The author’s position on the criminalization of terrorist financing is indicated in a separate article 2057 “Financing of terrorist activities” of the Criminal Code of the Russian Federation. In connection with the introduction of Article 2057 of the Criminal Code of the Russian Federation, the author proposed to decriminalize part 2 of Article 361 of the Criminal Code of the Russian Federation.
Keywords: terrorism, terrorist financing, terrorist activities, international terrorism.
Article bibliography
1. Agapov P. V. The latest anti-terrorist legislation: problems of socio-criminological determination // Society and Law. – 2014. – No. 1 (47). – P. 73-77.
2. The quality of criminal law: problems of the Special Part: monograph / Ed. A. I. Rarog. – M.: Prospect, 2022. – P. 199.
3. Kiriyenko M. S. Failure to report a crime: old composition in new conditions // Advocate. – 2016. – No. 7. – P. 9-14.
4. Khamzyaeva Yu. R. Criminological and criminal-legal aspects of countering terrorism in Russia and foreign countries (on the example of member states of the DogoVora on collective security): dis. …cand. legal Sciences: 12.00.08. – Kazan, 2017. – 311 p.
CRIMINAL LAW
ZHAROV Konstantin Alexandrovich
magister student of Criminal law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PROSPECTS OF CRIMINAL LIABILITY OF LEGAL ENTITIES IN RUSSIA FOR ILLEGAL DESTRUCTION (DAMAGE) OF FOREST PLANTATIONS IN THE RUSSIAN FEDERATION
This article analyzes various strategies and methods used in Russian and European legislation to assess their effectiveness and consider the introduction of new criminal measures . The authors examine existing administrative penalties in the Russian Federation and propose innovative changes to the Criminal Code, including the introduction of new articles aimed at combating environmental offenses.
Keywords: environmental crimes, forest plantations, criminal code of the Russian Federation, administrative fines, preventive measures, international experience, legislative changes, corporate responsibility.
Article bibliography
1. Antoshchenko A. . V., Prudnikova I. V. On the issue of criminal liability for illegal logging of forest stands // Modern science: current problems of theory and practice. Series: Economics and Law. – 2023. – No. 10. – P. 99-102.– DOI: 10.37882/2223-2974.2023.10.01.
2. Artamonova M. A. On some issues of criminal liability for environmental crimes under the legislation of foreign countries // Bulletin of the Samara Humanitarian Academy. Series: Law. – 2013. – No. 2 (14). – P. 175-184.
3. Gladyshev D. Yu. Some aspects of criminal liability for crimes infringing on the animal world, according to the legislation of Brazil // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia . – 2012. – No. 2 (18). – P. 162-166.
4. Grishakov A. G., Felyaev E. A., Fedyaev E. A. Features of the execution of a warning and an administrative fine as types of punishment for administrative offenses // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs Russia. – 2012. – No. 3 (55). – P. 35-38.
5. Dedkova T. A., Andreev E. I. Problems of liability for illegal logging of forest stands in the Russian Federation // Criminal Justice . – 2018. – No. 12. – P. 127-131. – DOI: 10.17223/23088451/12/25.
6. Dorozhkin I. O. On the issue of the advisability of introducing criminal liability of legal entities // Eurasian Legal magazine. – 2023. – No. 12 (187). – P. 313-314.
7. Dyakonova D. I. On the issue of criminal liability of legal entities // Issues of Russian justice. – 2023. – No. 24. – P. . 364-371.
8. Kuznetsova N. I., Urda M. N. And again about the criminal liability of legal entities: two views on the problem (on the example of environmental crimes) // All-Russian Criminological Journal. – 2023. – T. 17. No. 6. – P. 567-576. – DOI: 10.17150/2500-4255.2023.17(6).567-576.
9. Fokina S. I., Vyvolokina A. V., Ponomarenko E. I. Problems of bringing to criminal liability for violations of environmental safety // Economy, ecology and society of Russia in the 21st century. – 2021. – Vol. 2. No. 1. – P. 328-331. – DOI: 10.52899/9785883036247_328.
CRIMINAL LAW
MAKHAEV Makhmud Abdulkadyr-ogly
Ph.D. in Law, senior lecturer of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ALIEV Abdulmalik Magomedovich
Ph.D. in Law, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
VOLUNTARY ABANDONMENT OF CRIMINAL INTENT AS AN INSTITUTE OF RUSSIAN CRIMINAL LAW
In this article, the author attempts to highlight the specifics of the criminal law institution of voluntary abandonment of criminal intent. This institution in Russian criminal law contributes to reducing crime rates by encouraging individuals to renounce criminal intentions. The article examines the history, legal foundations, and practice of applying this institution, identifies problems in legal regulation, and suggests ways to address them.
Keywords: criminal law, institute of voluntary abandonment, crime, criminal intentions, criminal liability, qualification of crime.
Article bibliography
1. Ivashko S. A. Voluntary abandonment of crime: some issues theories and practices // Issues of Russian and international law. – 2018. – No. 3. – P. 45.
2. Kondratyev P. M. Problems of applying the institution of voluntary refusal to commit a crime // Russian lawyer. – 2020. – No. 7. – P. 30.
3. Lomanov I. V. Voluntary refusal to commit a crime in modern Russian criminal law: analysis of judicial practice // Journal of Russian Law. – 2019. – No. 2. – P. 65.
4. Mescheryakov A. Yu. History of the formation of the institution of voluntary refusal to commit a crime in Russian law // Law and Law Enforcement. – 2022. – No. 5. – P. 22-29.
5. Nikulin V. F. Legal nature and criteria for voluntary refusal to commit a crime // Law and Life. – 2021. – No. 4. – P. 50.
CRIMINAL PROCEEDINGS
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
ADYLIN Dmitriy Mikhaylovich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SHISHKINA Kseniya Alexandrovna
student of the 3rd course of the Samara State University of Economics
ON THE LEGAL IMPROVEMENT OF ARTICLE 86 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The paper considers the problem associated with the lack of a definition of evidence gathering in the law, as well as the issues of the legal position of the defense counsel and prosecutor in the implementation of this activity. It is proposed to make some adjustments to the provisions of Article 86 of the Criminal Procedure Code of the Russian Federation. In particular, the definition of the term “gathering of evidence” is formulated. The exclusion of the prosecutor from the subjects listed in part 1 is justified. Taking into account the actual scope of the defense counsel’s rights, it is concluded that it is advisable to change the content of part 3. A proposal is made to introduce a criminal procedural norm regulating the procedure for recording evidence of the defense.
Keywords: collection of evidence, definition, rights of defense counsel, principle of equality and adversarial proceedings, powers of the prosecutor.
Bibliographical list br /> 1. Balakshin V.S. On the issue of the concept and content of obtaining evidence in criminal proceedings // Jurisprudence. – 2014. – No. 1 (312). – P. 149.
2. Bezlepkin B. T. Commentary on the Criminal Procedure Code of the Russian Federation (article by article). – 16th ed., revised and enlarged. – M .: Prospect, 2023. – P. 122.
3. Zaitseva E. A., Sadovsky A. I. In development of the doctrine of S. A. Sheifer on the formation of evidence // Bulletin of SSU. – 2014. – No. 11-2 (122). – P. 24.
4. Kozlov F. V. Participation of the prosecutor in collecting evidence in a criminal case at the pre-trial stages of criminal proceedings // Young scientist. – 2021. – No. 43 (385). – P. 112-114.
5. Pivovarova A. O. Problems of collecting evidence by the defense in criminal proceedings // Young scientist. – 2018. – No. 44 (230). – P. 168-170.
6. Epifanov M. I. Evidence and proving in criminal proceedings // Young scientist. – 2022. – No. 48 (443). – P. 252-255 @@ Rossinsky S. B. Collection of evidence as the “first” stage of proving in a criminal case // Legal Bulletin of Samara University. – 2020. – No. 3. – P. 91-101 @@ Kornakova S. V. Evidence and proving in criminal proceedings: problems of understanding their content // Lex Russica (Russian law). – 2023. – V. 76. No. 1 (194). – P. 98-109.
7. Zagashtokov D. Yu. Powers of the prosecutor to prove during the preliminary investigation // Scientific News. – 2022. – No. 11 (52). – P. 13-21 @@ Chich Zh. T. Collection of evidence by the prosecutor in criminal proceedings // Legal science. – 2021. – No. 4. – P. 155-157; and others.
8. Smirnov A. V., Kalinovsky K. B. Criminal procedure. Textbook / Under the general editorship of prof. Smirnov A. V. – 4th ed., revised. and add. – M.: KNORUS, 2008. – P. 210-211.
9. Sheifer S. A. Evidence and proof in criminal cases: problems of theory and legal regulation. – M.: Norma, 2009. – P. 34.
10. Shcherba S. P., Erezhipaliev D. I. The prosecutor in pre-trial proceedings in criminal cases: functions, legal status, powers. – M.: Yurlitinform, 2015. – P. 64.
CRIMINAL PROCEEDINGS
GERASENKOV Vadim Mikhaylovich
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Academician I. G. Petrovsky Bryansk State University
STAGE OF INITIATING A CRIMINAL CASE: PROBLEMATIC ASPECTS AND AREAS FOR IMPROVEMENT
This article discusses directions for improving the procedural regulation of the stage of initiating a criminal case. Justifications are given for the objective need to improve the stage of initiating a criminal case in three areas: clearly defining and consolidating the procedural position of persons involved in verifying a statement or report of a crime who do not have public authority in criminal proceedings; fixing the procedural order of carrying out certain procedural actions, which include obtaining explanations and ordering a forensic examination; determining the evidentiary value of data obtained from the results of verification of statements and reports of a crime and their use as evidence and the process of proof in criminal proceedings. Based on the results of a study of areas for improving the stage of initiating a criminal case, appropriate proposals were made to introduce changes and additions to the criminal procedural legislation. Based on the results of the study, general conclusions were made that the proposed changes and additions to the criminal procedural legislation will strengthen the guarantees of the rights and legitimate interests of persons involved in verifying statements or reports of crimes, improve the procedural regulation of the stage of initiating a criminal case, and resolve controversial issues regarding the evidentiary value of the results obtained from the stage of initiating a criminal case.
Keywords: criminal procedural legislation, stage of initiating a criminal case, evidence, procedural status, procedural order, explanations, forensic examination, criminal proceedings, statement or report of a crime.
Article bibliographic list
1 Bagmet A. M., Osmanova N. V. Stage of initiating a criminal case: problems and ways to solve them // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2020. – No. 1 (23). – P. 83-86.
2. Mitkova Yu. S., Vekhov V. B. Problems of determining the legal status of individual participants in the stage of initiation of a criminal case. – Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (51 ). – P. 168-175.
3. Smirnov P. A. Explanations during the preliminary verification of information about a crime – the blurred line of testimony in criminal proceedings // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2022. – No. 6 – pp. 46-52.
CRIMINAL PROCEDURE
DECHKIN Oleg Mikhaylovich
senior lecturer of Criminal process, criminalistics and law enforcement intelligence operations sub-faculty of the Law Faculty of the Vologda Institute of Law and Economics of the FPS of Russia
FEATURES OF PREPARATION FOR INTERROGATION OF WITNESSES FROM AMONG PERSONS SERVING SENTENCES IN CRIMINAL CASES OF CRIMES AGAINST LIFE AND HEALTH IN CORRECTIONAL INSTITUTIONS
In a scientific article, the author examines the specifics of identifying witnesses from among those serving sentences, as well as preparatory work for interrogating these persons when investigating crimes against life and health in correctional institutions. One of the key conditions for the preparation of this investigative action in correctional institutions is the active interaction of the investigator, the investigator with the operational workers of these institutions.
Keywords: crimes against life and health; preparation for interrogation; crime detection and investigation; witness; correctional institution; convicted; investigative action; operational-search measures.
Article bibliographic list
1. Belkin R. S., Livshits E. M. Tactics of investigative actions. – Moscow: Novyi Yurist, 1997. – 176 p.
2. Medvedev S. I. Investigation of murders and causing of bodily harm in correctional labor institutions. – Ryazan: Publishing House of the Ryazan Higher School of the USSR Ministry of Internal Affairs, 1987. – 72 p.
3. Shuruhnov N. G. Use of organizational, procedural, information technology tools to enhance the participation of convicts in interrogation during the investigation of crimes committed in institutions of the Federal Penitentiary Service // Criminal-executive law. – 2015. – No. 4 (22). – P. 35-39.
CRIMINAL PROCEEDINGS
ZELENSKAYA Tatyana Valerjevna
Ph.D. in Law, associate professor of Criminal process and judicial supervision sub-faculty of the Baikal State University, Irkutsk
LITVINTSEVA Natalya Yurjevna
Ph.D. in Law, associate professor, associate professor of Criminal process and judicial supervision sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF DETERMINING THE FAIRNESS OF THE SENTENCE
The article deals with topical issues of determining the fairness of a sentence. The concept of justice, the justice of the sentence, the relationship between the concepts of justice of punishment and the justice of the sentence is investigated. It is discussed that justice as a legal category is expressed in the right of everyone to a fair trial, and the fairness of the verdict, first of all, depends on the fairness of the criminal procedure. The use of the category of justice in the criminal procedure law makes it possible to evaluate the verdict of the court not only from the point of view of its compliance with the requirements of the law, but also from the point of view of morality. It is argued that the justice of the verdict acts as a moral assessment of the verdict in the eyes of society and should be a reflection of social justice.
Keywords: criminal proceedings, court decision, final court decision, sentence, requirements imposed on the sentence, the fairness of the sentence.
Article bibliography
1. Volodina L. M. Judicial power and problems of implementing the purpose of criminal proceedings // Siberian criminal procedural and forensic readings. – 2019. – No. 4. – P. 29. – P. 28-40.
2. Kornakova S. V. On the issue of the principle of justice // Siberian criminal procedural and forensic readings. – 2014. – No. 2 (6). – P. 64-70.
3. Dahl V. I. Explanatory Dictionary of the Russian Language. Modern Spelling. – M.: Ast, 2001. – 759 p.
4. Hobbes T. Works: in 2 volumes. – Vol. 2. – M.: Mysl, 1991. – 621 p.
5. Bozrov V. M. On the Problem of Fairness in Criminal Proceedings // Russian Judge. – 2005. – No. 4. – P. 15-18.
6. Ryabtseva E. V. Proportionality in Criminal Proceedings through the Prism of a Fair Balance of Interests // Baikal Research Journal. – 2015. – No. 1.
7. Shadrina E. G. The Importance of the Principle of Procedural Justice for Criminal Prosecution // Russian Judge. – 2023. – No. 5. – P. 24-29.
8. Leibniz G. V. Works: in 4 volumes. – Vol. 4. – M.: Mysl, 1989. – 554 p.
9. Kornakova S. V. Adversarial nature – a condition for equality of the parties in criminal proceedings // Legal science and law enforcement practice. – 2009. – No. 1 (7). – P. 92-97.
10. On the practice of assigning criminal punishment by the courts of the Russian Federation: Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58 (as amended on December 18, 2018) // Bulletin of the Supreme Court of the Russian Federation. – 2016. – No. 2.
11. On the case of verifying the constitutionality of the provisions of Article 159.4 of the Criminal Code of the Russian Federation in connection with the request of the Salekhard City Court of the Yamalo-Nenets Autonomous Okrug: Resolution of the Constitutional Court of the Russian Federation of December 11, 2014 No. 32-P // Collection of Legislation of the Russian Federation. – 2014. – No. 52 (Part I). – Art. 7784.
12. Grinenko A.V. Verdict of the court of first instance: essence, properties, meaning // Russian judge. – 2023. – No. 10. – pp. 20-25.
CRIMINAL PROCEDURE
LUNEVA Anna Vladimirovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice, Khabarovsk
POKATILOVA Elena Evgenjevna
magister student of the Far Eastern branch of the Russian State University of Justice, Khabarovsk
PUBLIC PROSECUTION AND THE PRINCIPLE OF PRESUMPTION OF INNOCENCE: PROBLEMS OF COMPLIATION ANCE
The article analyzes the problem of compliance with the principle of presumption of innocence by the state prosecution. This principle is fundamental in the Russian criminal process. In particular, the article analyzes certain elements of the presumption of innocence, and also addresses the issue of compliance with the rules of burden of proof distribution when considering Part 2 of Article 14 and Part 4 of Article 235 of the Criminal Procedure Code of the Russian Federation. In the content of the article, the author states that the duty to prove guilt is fully entrusted to the state prosecution.
Keywords: presumption of innocence, public prosecution, guilt, accused, proof, prosecutor’s office, burden of proof, adversarial nature of the parties.
Article bibliography
1. Definition of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 16.07.2015 in case No. 45-APU15-35 // Access from the SPS “Consultant Plus”.
2. Malakhova L. I. On the essence of the principle of the presumption of innocence // Judicial power and criminal procedure. – 2020. – No. 3. – P. 41-46.
3. Mamontova E. A., Dyatchina D. A. The principle of the presumption of innocence: concept and essence // Young scientist. – 2022. – No. 7 (402). – P. 93-95.
4. Omarieva A. N. Presumption of innocence and its importance in the administration of justice // Bulletin of the Volga Region Institute of Management. – 2019. – No. 2. – P. 64-69.
CRIMINAL PROCEEDINGS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of the Educational and scientific complex on the preliminary investigation in the DIA of the Volgograd Academy of the MIA of Russia
IGNATOVA Ekaterina Alexandrovna
senior Lecturer of Criminal process and criminalistics sub-faculty of theNovorossiysk branch of the Krasnodar University of the MIA of Russia
THE POSSIBILITY OF MAINTAINING THE PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR IN INTERACTION WITH THE HEAD OF THE INVESTIGATIVE BODY
This article examines the specifics of the investigator’s interaction with the head of the investigative body. The problems of regulatory regulation and the practice of exercising the procedural functions and powers of these officials are studied in order to develop recommendations on expanding the procedural powers of the investigator, improving the quality of their investigation of crimes. The author has made an attempt within the framework of this article to highlight the problems of the so-called “procedural independence of the investigator”, which continues to be the subject of scientific and practical polemics for a long period of time.
Keywords: criminal case, investigator, head of the investigative body, instructions, procedural independence, powers, appeal.
Article bibliography:
1. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language: 80,000 Words and Phraseological Expressions. 4th ed. – M., 1997. – 944 p.
2 . Russian investigator. – 2019. – No. 3. – Moscow: Jurist Publishing Group, 2019.
3. Artamonov A. N., Safronov D. M. General conditions of preliminary investigation: a tutorial. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2017 . – P. 12.
4. Interview of the Chairman of the Investigative Committee of Russia to the TASS agency. [Electronic resource]. – Access mode: https://dzen.ru/a/ZXLcjcDMrGTbT9yK. (date of access 04/28/2024).
5. Ivanov M. A. Procedural independence of the investigator // Modern technologies in the global scientific space: collection of articles. Int. scientific and practical conf. – Ufa, 2017. – P. 142.
6. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The Importance of Speech Culture in the Work of an Investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – P. 116-121.
CRIMINAL PROCEEDINGS
MALLAEVA Shakiyat Artikovna
Master student of the 1st course of correspondence studies at the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CONTROL OVER THE OPERATIONAL AND INVESTIGATIVE ACTIVITIES OF THE INTERNAL AFFAIRS BODIES
Control over the operational investigative activities of the internal affairs bodies is a key aspect of ensuring compliance with the rule of law, protection of citizens’ rights and freedoms, as well as the effective functioning of the law enforcement system as a whole. This topic is a comprehensive analysis of the control mechanisms used to assess the legality and expediency of the use of operational investigative measures by law enforcement agencies. Both internal and external control tools are analyzed, including internal control by the law enforcement agency itself, control by state bodies (for example, the prosecutor’s office), as well as public control carried out by public organizations and civil society. Particular attention is paid to legislative support for the control of operational investigative activities, including regulations defining procedures and control mechanisms.
Keywords: control, operational investigative activities, law enforcement agencies, legality , protection of rights, public control, efficiency.
Article bibliography
1. Abdullayev A. Control over operational-search activities // Problems of improving legislation: collection of scientific articles by students of the Faculty of Law. Volume Issue-77/19. – Makhachkala: Limited Liability Company “ALEF”, 2019. – P. 96-97.
2. Ivanov P. I. Departmental control over operational-search activities as an integral part of state control (system and structure) // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (31). – P. 135-141.
3. Menshchikov M. A. Control and supervision of operational-search activities // Modern problems of jurisprudence: Collection of scientific papers of master’s and postgraduate students / Ministry of Science and Higher Education of the Russian Federation, South Ural State University, Law Institute, Laboratory of Private Law. Volume 3. – Chelyabinsk: Publishing Center of SUSU, 2019. – P. 231-233.
4. Puchnin A. V., Putilin V. V. Concept, essence and legal mechanism for organizing control and supervision of operational-search activities // Public safety, legality and law and order in the III millennium. – 2019. – No. 5-1. – P. 304-309.
5. Pozdnyakov A. N. Control over operational investigative activities of internal affairs agencies asone of the forms of powers exercised by the state in the sphere of law enforcement // Academic Thought. – 2021. – No. 2 (15). – P. 87-93.
CRIMINAL PROCEDURE
MARIANOV Alikhan Abdulayevich
Ph.D. in historical sciences, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala, branch in Izberbash of the Dagestan State University
MUSAKAEVA Zarema Zelimkhanovna
Ph.D . in pedagogical sciences, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
AYUBOVA Shuainat Israpilovna
Ph.D. in historical sciences, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
FEATURES OF THE ADVERSARIAL PRINCIPLE OF THE PARTIES IN CRIMINAL PROCEEDINGS
The article touches on the topic of legislative regulation of the principle of adversarial law at the constitutional level and within certain branches of law, and also examines its application at the stages before trial and during judicial proceedings in criminal cases, including special procedures. Particular attention is paid to the functions of the prosecutor in maintaining the principle of competition. Thus, the adversarial principle is emphasized as a key element to ensure fair proceedings. In general, the article provides a detailed analysis of the principle of adversarial behavior of participants in criminal proceedings, highlighting its theoretical foundations, legislative justification and aspects of practical implementation.
Keywords: principles of legal proceedings, adversarial nature of the parties, signs of adversarial behavior of the parties, participants in criminal proceedings.
Article bibliography
1. Gryaznov A. O. The relationship between the purpose of criminal proceedings and the goals of public prosecution // Actual problems of economics and law. – 2014. – No. 2. – P. 221-226. – EDN SERCRV.
2. Pechnikov G. A., Blinkov A. P., Parshina E. N. Prosecution and defense as “elements of adversarial proceedings” in the modern criminal procedure code of the Russian Federation // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (51). – P. 130-136. – DOI 10.36511/2078-5356-2020-3-130-136. – EDN QKVJDR.
CRIMINAL PROCEEDINGS
MAKAROVA Valentina Vladimirovna
Ph.D . in Law, senior lecturer of Philosophy and history sub-faculty of the Faculty of Law of the Academy of the FPS of Russia
PROSPECTS FOR THE DEVELOPMENT OF THE INSTITUTE OF EXECUTIVE PROBATION IN THE RUSSIAN FEDERATION
This article attempts a comprehensive analysis of legislation regarding the implementation of measures within the framework of executive probation, and suggests prospects for the development of this criminal law institution. The following methods were used in writing the article: dialectical, historical and legal, method of legal modeling, analysis, synthesis and other general scientific and private scientific research methods. On the basis of the research being conducted, the author’s additions to the legislation in the field of executive probation are proposed, which make it possible to increase the effectiveness of the activities of probation group employees in practice. The findings can be used for further development of legislation in the field of probation.
Keywords: penal inspection, executive probation.
Article bibliographic list
1. Shuruhnov N. G. Prison Trusteeship Society: goals, structure, legal and organizational areas of activity (analysis of the Charter) // Gaps HYPERLINK “https://www.elibrary.ru/contents .asp?id=41158236” HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236″in HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236” HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236” Russian HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236” HYPERLINK “https://www.elibrary. ru/contents.asp?id=41158236″legislation. – 2019. – No. HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236&selid=41158250” HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236&selid =41158250″5. – P. 65-69.
2. Regulations on the committees for assistance to those released from places of imprisonment: approved by the board of the People’s Commissariat of Justice on January 18, 1922 No. 18/-1922 // Collection of the main orders, circulars and instructions of the People’s Commissariat of Justice and the NKVD of the RSFSR for 1918-1928 on the activities of places of deprivation of liberty. – M., 1959. – P. 10.
3. Abaturov A. I. Historical and legal analysis of the provision of post-penitentiary care in Soviet Russia (1917-1990) // Criminal-executive HYPERLINK “https:// www.elibrary.ru/contents.asp?id=34035472” HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472″right. – 2014. – No. HYPERLINK “https://www.elibrary .ru/contents.asp?id=34035472&selid=22516568” HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472&selid=22516568″1 HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472&selid=22516568” HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472&selid=22516568″(17). – P. 75-78.
4. Kryukova O. Yu., Emelyanova Zh. E. Foreign experience of implementing sentence (executive) probation on the example of the Republic of Kazakhstan // Ius HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323″Publicum HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323″et HYPERLINK “https://www.elibrary.ru/ contents.asp?id=49859323” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323″Privatum. – 2022. – No. HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334″4 HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334″(19). – P. 97-105.
5. Dagaev S. S. Probation Institute as a Means of Preventing Recidivism // In the book: VI International Penitentiary Forum “Crime, Punishment, Correction”. Collection of abstracts of speeches and reports of the forum participants (dedicated to the 30th anniversary of the adoption of the Constitution of the Russian Federation and the Law of the Russian Federation of July 21, 1993 No. 5473-I “On the institutions and bodies of the penal system of the Russian Federation”). Academy of the Federal Penitentiary Service of Russia, 2023. – P. 172-176.
CRIMINAL PROCEEDINGS
MARFIN Artem Yurjevich
postgraduate student of the 1st course of the Samara State University of Economics
BELYAKOV Alexey Vladimirovich
Ph.D. of Law, associate professor of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ON THE CONCEPT OF THE VALIDITY OF SUSPICION WHEN CHOOSING A PREVENTIVE MEASURE IN THE FORM OF DETENTION
Officials conducting a preliminary investigation, applying to the court with a petition for the election of a preventive measure in the form of detention, should take into account the requirement of substantiation of suspicion. This article examines the possibility of eliminating such a gap in the Russian criminal procedure law as the absence of the concept of the validity of suspicion and proposes to consolidate the definition of this concept legislatively.
Keywords: reasonable suspicion, preventive measure, detention, preliminary investigation body, court.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 41 of 19.12.2013.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 23 of 24.05.2016.
3. Definition of the Constitutional Court of the Russian Federation of 12.07.2005 No. 323-O “On refusal to accept for consideration the complaint of citizen Vladislav Igorevich Sheychenko on the violation of his constitutional rights by Articles 17, 88, 234 and 235 of the Criminal Procedure Code of the Russian Federation.
4. Resolution of the Constitutional Court of the Russian Federation of 19.05.2022 No. 20-P “On the case of verifying the constitutionality of paragraph 3 of part one of Article 24 and part two of Article 27 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of citizen A. V. Novkunsky”.
5. Mashtakova S. A. Problems of applying a preventive measure in the form of detention // Central Scientific Bulletin. – 2018. – No. 10S1. – P. 13-15.
6. Chikulina A. R. “Reasonable suspicion” as a condition for the court to choose a preventive measure // Law and order: history, theory, practice. – 2023. – No. 4 (39). – P. 118-123.
7. Ustinov A. A. Validity of Suspicion of Involvement in a Crime Committed When Choosing a Preventive Measure by the Court // Legal Science and Law Enforcement Practice. – 2021. – No. 1 (55). – P. 27-33.
8. Semenov V. A. Suspicion in Domestic Criminal Proceedings: History and Modernity // Legal Bulletin of the Kuban State University. – 2023. – No. 1. – P. 101-108.
9. Samusevich A. G. Persuasiveness of Evidence: Problems of Understanding in the Theory of Law // Leningrad Law Journal. – 2022. – No. 1 (67). – P. 33-46.
10. Fox, Campbell and Hartley v. the United Kingdom: ECHR judgment of August 30, 1990. Identification number: ESN-1990-S-004. Access from the reference and legal system “ConsultantPlus”.
CRIMINAL PROCEEDINGS
ORLOV Vladimir Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
ISAEV Rizvan Abdullaevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
BITYUTSKIKH Ivan Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
ADVERSARIAL NATURE OF THE PARTIES IN PRE-TRIAL DOMESTIC CRIMINAL PROCEEDINGS AS A REFLECTION OF THE PRINCIPLE OF JUSTICE
The article is devoted to the study of the role of adversarial parties at the pre-trial stages of the domestic criminal process as a manifestation of the principle of justice. The author considers the participation of the prosecution and defense parties in proving, as well as in appealing decisions and actions (inaction) of officials of the preliminary investigation bodies. The active role of the parties in collecting, verifying and evaluating evidence contributes to a comprehensive, complete and objective investigation of all the circumstances of the case, establishing the truth and making a legitimate and reasonable decision. The parties, having equal procedural opportunities, have the right to present evidence, file petitions, participate in procedural actions, which allows them to defend their positions and influence the formation of the evidence base. At the same time, the author notes that in practice, the implementation of adversarial proceedings at the pre-trial stages is not always equivalent, since the prosecution side has broader powers than the defense side. In conclusion, the author concludes that the participation of the prosecution and defense parties in proving and appealing at the pre-trial stages is an important reflection of the principle of justice in modern domestic criminal proceedings. The expansion of the procedural capabilities of the parties indicates the improvement of their procedural and legal status, which ensures an increase in the effectiveness of the adversarial form of criminal proceedings and the protection of the rights of the participants.
Keywords: adversarial nature, fairness of criminal proceedings, verification and evaluation of evidence, establishment of the truth, reasoned decision, truth, evidence, pre-trial stages, appeal of decisions.
Article bibliographic list
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 24.02.2021).
2. Kachalov V. I. Adversarial nature at pre-trial stages of criminal proceedings // Russian investigator. – 2021. – No. 3. – P. 9-13.
3. Bozrov V. M. Implementation of the adversarial principle in criminal proceedings // Russian judge. – 2022. – No. 1. – P. 14-18.
4. Aleksandrov A. S. Problems of ensuring adversarial proceedings during preliminary investigation // Russian investigator. – 2021. – No. 7. – P. 8-12.
5. Grinenko A. V. Further development of adversarial proceedings in pre-trial proceedings in criminal cases // Russian Justice. – 2022. – No. 1. – pp. 21-24.
CRIMINAL PROCEDURE
SOKOLOV Yuriy Nikolaevich
Ph.D. in Law, associate professor of Information law sub-faculty, associate professor of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
SIGN, FIGURE, NUMBER, DATA AND INFORMATION: ISSUES OF INTERPRETATION
The article discusses the controversial issues of the use of certain terms and phrases derived from the concept of “digit”, which have a semantic content that does not correspond to those objects of the surrounding reality that they are intended to designate and identify. Using various examples, the key aspects of the interpretation of the concepts of a sign, digit, number, data, information and its individual types are proposed (recalled). The conclusion is made about the fallacy of using such word forms in various fields of human activity, to which they are not related, and the inadmissibility of such application in the field of law.
Keywords: language, content of terms, digital code for presenting information, information technology, data circulation.
Article bibliography
1. Baturin Yu. M. Mythology of digital transformation // Works of the Department of Historical and Philosophical Sciences. Vol. 11. M.: Publisher: Russian Academy of Sciences, 2022. P. 174-180.
2. Grishina E. P. Accessibility and quality of justice in the context of the development of digital technologies // Russian judge. 2024. No. 3. P. 45-50.
3. Zhmurov D. V., Agildin V. V. Victims of sexual violence mediated by digital technologies // Russian investigator. 2023. No. 12. P. 45-48 .
4. Zazulin A. I. Legal and methodological foundations for using digital information in evidence in criminal cases: author’s abstract. dis. … candidate of legal sciences. Yekaterinburg, 2018. 32 p.
5 . Zigura N. A. Computer information as a type of doc.evidence in criminal proceedings in Russia: author’s abstract. diss. … candidate of legal sciences. Chelyabinsk, 2010. 21 p.
6. Kalyagina L. V., Razumov P. V. Category “data”: concept, essence, approaches to analysis // Bulletin of KrasSAU. 2014. No. 4. Pp. 3-8.
7. Kryukov V. V. Origin of numbers and figures // Scientific statements. 2023. No. 16 (40). Pp. 28-31.
8. Kryukov V. V. Sum of axiology: monograph. Novosibirsk: Publishing house of NSTU, 2018. 207 p.: ill., 10 color ill. (Series “Monographs of NSTU”).
9. Kuznetsov Yu. I. Natural Science and Mathematics. Novosibirsk: Lada Publishing House, 2002. 255 p.
10. Kushnirenko S. P. Digital Information as an Independent Object of Forensic Research // Bulletin of Criminalistics. 2006. Issue 2 (18). Pp. 43-47.
11. Menninger K. Numbers, Symbols, Words / Translated from English by E.V. Lomanova. Moscow: ZAO Tsentrpoligraf, 2021. 543 p.
12. Meshcheryakov V. A., Trukhachev V. V. Formation of Evidence Based on Electronic Digital Information // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2012. No. 2. P. 108-110.
13. Explanatory Dictionary of the Living Great Russian Language: In 4 Volumes / Dahl V. I. M .: RIPOL classic, 2006. Volume 1. A-Z. 752 p.
14. Fatyanov A. A. On the definition of “computer information” in Russian criminal legislation // Information law. 2017. No. 3 (53). P. 11-16.
15. Fatyanov A. A. Legal support for information security in the Russian Federation: a tutorial. M .: Jurist, 2001. 412 p.
16. Chernikova N. V. Numbers and figures // Science and Life. 2010. No. 4. pp. 95-96.
17. Westera W. The Digital Turn. How the Internet Transforms Our Existence. Author House, 2013. 174 p.
CRIMINAL PROCEDURE
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
APPLICATION OF INTELLIGENT CHATBOTS IN THE PROCESSES OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE PENAL AND CORRECTIONAL SYSTEM OF THE RUSSIAN FEDERATION
Professional training of employees of the Penal System of the Russian Federation is an important area of activity to ensure the security of the state. In the conditions of rapid development of technologies, expansion of ways of implementation of criminogenic threats there is a need to develop innovative educational approaches, serving the prompt response to the challenges of modernity, including through the development of professional competencies of employees. The paper considers the urgent task of improving the efficiency of professional education of employees of the Federal Penitentiary Service of Russia through the introduction of artificial intelligence technologies, including chatbots with artificial intelligence, into the educational process. The main attention is paid to the consideration of practical aspects of the application of the above information systems, pedagogical principles of application of artificial intelligence systems in the educational process of departmental higher education institutions, analysis of advantages and disadvantages of the application of artificial intelligence systems, as well as assessment of the potential positive effect of their application in the professional training of Penal System of Russia employees.
Keywords: professional education, artificial intelligence, dialog assistant, chatbot, continuing education, digital competencies, Penal System of the Russian Federation.
Article bibliographic list
1. Avksentyeva E. Yu., Khoroshavin A. A. Augmented reality technology and prospects for the joint use of augmented reality and gamification techniques // Modern education: traditions and innovations. – 2018. – No. 3. – P. 47-51.
2. Churakov D. Yu., Tsarkova E. G. Promising directions of information technologies in the penal system of the Russian Federation // Actual problems of the activities of the penal system units: Collection of materials of the All-Russian scientific and practical conference. In 2 parts, Voronezh, May 23, 2019. Part 1. – Voronezh: Publishing and printing center “Scientific book”, 2019. – P. 238-253.
3. Churakov D. Yu, Tsarkova E. G., Belyaev A. K., Eremin I. M. Study of biometric personality recognition technologies in closed-circuit television systems and the possibility of their application in institutions of the penal system of the Russian Federation // Current issues of informatization of the Federal Penitentiary Service at the present stage of development of the penal system: collection of materials of the round table, Tver, April 21, 2020. – Tveрь: FKU NIIIT FSIN of Russia, 2020. – P. 148-162.
4. Smirnova A. M. Chatbots in the service of the penal system // Information technologies in the penal system. – 2023. – No. 3. – P. 35-42.
CRIMINAL-EXECUTIVE 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 University of the FPS of Russia
BAKHANAEV Askhab Andievich
cadet of the Pskov branch of the University of the FPS of Russia
ON THE PROBLEM OF MONITORING THE ACTIVITIES OF CRIMINAL E NFORCEMENT INSPECTIONS
The article considers control as a managerial function. The authors consistently substantiate the importance of control for improving the effectiveness of the activities of penal enforcement inspections, analyze the current state of penal enforcement inspections, the level of repeat criminality of convicts who are registered with them. The main provisions of the article are based on the research conducted by the authors. The authors analyze the specifics of monitoring the activities of criminal enforcement inspections.
Keywords: penal enforcement inspections, a convicted person who is registered with penal enforcement inspections; control over the activities of penal enforcement inspections.
Article bibliography
1. Yuzhanin V. E., Grigoryan I. G. On the concept of assistance from government agencies and the public in the work of criminal-executive inspections // Man: crime and punishment. – 2019. – Vol. 27. No. 1.
CRIMINALISTICS
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty of the Institute of Social Sciences of the Irkutsk State University
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and criminalistics sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz Russian Slavic University
“EVIDENCE OF BEHAVIOR” IN THE CONTEXT OF RETROSPECTIVE ANALYSIS
This article examines historical issues related to evidence of behavior. The characteristic of the behavioral reactions of the suspects is given. The involuntary actions of people who commit guilty forms of behavior are indicated. Separate varieties of medieval judicial magic in Western Europe are named. The fundamental differences between the similar mental states of the guilty and those not involved in the crime are given.
Keywords: exposing criminals, evidence of behavior, ordeals, solving crimes.
Article bibliography
1. Belkin R. S. Forensic Encyclopedia. – M., 1997. – P. 236.
2. Ardashev R. G., Kitaev N. N. Post-criminal suicide of murderers as evidence of behavior // Scientific notes of the Tavrichesky National University named after V. I. Vernadsky. Series: Legal sciences. – 2011. – Vol. 24 (63). – No. 2. – P. 232-236.
3. Kovalev A. I. The Role of Behavioral Evidence in Planning Murder Investigations // Features of Investigating Individual Types and Groups of Crimes. – Sverdlovsk, 1980. – P. 72-74.
4. Gustov G. A. An Integrated Approach to Solving Murder. – Arkhangelsk, 1989. – P. 38-41.
5. Shamurzaev T. T., Kitaev N. N., Kitaeva V. N. Forensic Science and Spiritualism. On the Penetration of Pseudoscience into Jurisprudence // Law and Right. – 2019. – No. 3. – P. 115-117.
6. Shamurzaev T. T., Ardashev R. G. Timeliness of solving serial murders as an indicator of the professionalism of law enforcement agencies // Law and Order. – 2021. – No. 9. – P. 158-160.
7. Shamurzaev T. T., Ardashev R. G. Activities of law enforcement agencies to search for missing persons and corpses of victims. – Bishkek, 2022. – 160 p.
8. Zvecharovsky I. E. Post-criminal behavior: concept, responsibility, incentives. – Irkutsk, 1993. – P. 17.
9. Ponomarenko Yu. V. Application of the method of forensic retrospection in the investigation of crimes: Abstract. dis. … Cand. of Law. – Minsk, 2003. – P. 13.
10. Strizhov A. I. About magic herbs, signs and some superstitions. – M., 1968. – P. 5.
11. Green L. The last secrets of old Africa. – M. 1966. – P. 35.
12. Varlamov V. A. Lie detector. – M., 2004. – P. 6-8.
13. Levenstiy A. Superstition and criminal law. – St. Petersburg, 1897. – P. 62-63, 64.
14. Schneikert G. The secret of the criminal and the ways to its disclosure (to the doctrine of judicial evidence). – M., 1925. – P. 8-9.
15. Medical occultism. Paramedicine. Ed. by O. Prokop. – M., 1971. – P. 104.
16. Lisichenko A.K., Zelenkovsky A.S. On the concept of negative circumstances and the mechanism of their occurrence // Forensic science and forensic examination. Issue 39. – Kiev, 1989. – P. 7.
FRIENDLY STUDY
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PROBLEMATIC ISSUES OF DETECTING AND IDENTIFYING HANDPRINTS ON VARIOUS SURFACES AT THE FIRE SITE
The article analyzes certain issues related to methods of obtaining evidentiary information during investigations in cases. Improving the detection and investigation of crimes depends on the introduction of new methods for studying physical evidence.
Investigation of the fire site and identification of traces of combustion should not exclude the detection of fingerprints hidden under a layer of soot on the remains of glass and metal objects suitable for identification. In this article, special attention is paid to the consideration of problematic issues when detecting fingerprints hidden under a layer of soot on the surface of non-porous materials.
Keywords: fire, fingerprints, fingerprint examination, trace detection, scene of the incident.
Article bibliography
1. Tumanov A. A., Shakhverdi N. M., Sidorenko A. N., Sergeev P. G. Detection of fingerprints on objects made of heat-resistant materials after exposure to high temperatures // Expert practice. Moscow: Forensic Science Center of the Ministry of Internal Affairs of Russia, 1978. No. 12.
2. Chetvergov M. A. On the integration of modern technologies in detecting fingerprints at the scene of a fire // Bulletin of Economic Security. 2022. No. 1. pp. 210-214. [Electronic resource]. – Access mode: https://doi.org/10.24412/2414-3995-2022-1-210-214. (date of access: 12.04.2024).
3. Zernov S. I. Tasks of fire-technical expertise and methods for their solution: a tutorial. M.: GU ECC of the Ministry of Internal Affairs of Russia, 2001.
CRIMINALISTICS
AKHMETGALEEV Vadim Ralifovich
Deputy Head of the Department – Head of the Investigative group of the Department of the MIA of Russia for the Mishkin district, major of justice
CRIM INALISTIC ASPECTS OF THE APPLICATION OF PREVENTIVE MEASURES IN THE CONTEXT OF COUNTERING THE PROCESS OF INVESTIGATING CRIMES
The article reveals the tactical possibilities of preventive measures in identifying illegal counteraction to the legitimate activities of an investigator or inquirer. The article shows the subject composition of persons who, along with the person under investigation, may illegally oppose the preliminary investigation process. Based on the analysis of the most typical investigative situations indicating signs of implemented or planned counteraction to the preliminary investigation, the importance of preventive measures in identifying subjects of illegal counteraction to the investigation process and the direction of their negative actions is revealed. Based on the negative orientation of persons providing illegal opposition to the investigation process, certain preventive measures are proposed for use and their ability to prevent, suppress and neutralize the actions of the person under investigation and those assisting him is shown.
Keywords: preventive measures, counteraction to the investigation, tactics of application, detection of obstruction, suppression of illegal actions, neutralization of negative consequences.
Bibliographical list
1 . Davletov A. A. The problem of the status of a criminally prosecuted person at the stage of initiating a criminal case // Russian Legal Journal. – 2015. – No. 4. – P. 61-67.
2. Pavlyukov V. V. Practical methods of obtaining and using the results of the operational-search measure “obtaining computer information” // Bulletin of KSU. – 2020. – No. 3. – P. 199-203.
3. Tishutina I. V. Overcoming counteraction to the investigation of organized criminal activity (organizational, legal and tactical foundations): dis. … Doctor of Law. – M., 2013. – 488 p.
4. Tishutina I. V. Counteraction to the investigation of organized criminal activity: theory and practice of detection and overcoming. – M., 2012. – 346 p.
5. Shevchenko V. M. Psychological and legal characteristics of criminal counteraction to the investigation of group crimes // International Journal of Psychology and Pedagogy in Service Activities. – 2016. – No. 3-3. – P. 67-87.
CRIMINALISTICS
VLEZKO Dmitriy Alexandrovich
employee of Criminology sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERMIT Shikham Askerovich
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
DZYUBENKO Anastasiya Alexandrovna
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ABOUT MODERN TYPES OF COUNTERACTION TO INVESTIGATION
Within the framework of this article, the issues related to the implementation of counteraction to the investigation, which most often represents illegal activity, are considered. The main characteristics of this activity are highlighted, as well as its most common modern types are analyzed. Many scientific papers have been devoted to the study of counteraction to the investigation. In this regard, to date, researchers have come to an almost unanimous opinion that countering an investigation is intentional actions, or a set of such actions that are committed by persons interested in this in order to avoid their exposure, or to mitigate punishment for a crime committed. There are such types of counteraction as external and internal. The internal is carried out by the participants in the criminal process, and the external is carried out by persons who are connected with the investigator or inquirer by working relations, as well as persons on whom the subjects of the investigation are in a dependent position.
Keywords: counteraction to the investigation, technical counteraction, digital traces, subjects of counteraction, concealment of traces, interest.
Article bibliography
1. Badzgaradze T. A., Bachieva A. V., Boziev T. O. Forms and methods of overcoming resistance to the detection and investigation of crimes in the sphere of economic activity // Journal of legal and economic research. – 2021. – No. 2. – P. 58.
2. Vlezko D. A. On methods of overcoming counteraction to investigation // Modern problems of domestic forensics and prospects for its development: Collection of scientific articles based on the materials of the All-Russian scientific and practical conference ( with international participation), dedicated to the 20th anniversary of the Department of Forensic Science / Ed. G. M. Meretukov. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2019. – P. 232-238.
3 . Vlezko D. A., Salykina D. A. On the issue of criminal liability for crimes related to extremist activity // Polythematic network electronic scientific journal of the Kuban State Agrarian University. – 2017. – No. 132. – P. 104-116.
4. Kosynkin A. A. Some aspects of overcoming resistance to the investigation of crimes in the field of computer information at the stage of preliminary investigation // Russian investigator. – 2022. – No. 2. – P. 2-4.
5. Kosynkin A. A. Overcoming counteraction to the investigation of crimes in the field of computer information: monograph / Ed. by Dr. of Law N. A. Podolny. – M .: Yurlitinform, 2023. – P. 12.
6. Popov V. P. Private forensic theories in the system of forensic support for the investigation of evidence falsification // Expert-criminalist. – 2020. – No. 1. – P. 33-35.
7. Rodina M. E. Main directions of counteracting extremism / / Russian investigator. – 2016. – No. 15. – P. 7-11.
CRIMINALISTICS
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
APPOINTMENT AND CONDUCT OF AN EXPLOSION TECHNICAL EXAMINATION WHEN SOLVING CRIMES RELATED TO THE USE OF EXPLOSIVES AND EXPLOSIVE DEVICES
The article analyzes issues related to the investigation of incidents related to explosions, the appointment and conduct of an explosive examination. When organizing and planning the investigation of criminal explosions, it is necessary to take into account their features due not only to the increased danger arising from the threat of a second explosion, but also to conditions that largely determine the possibility of detecting traces and meet the requirements of informativity. Within the framework of this article, special attention is paid to the consideration of explosive examination within the framework of the modern classification of forensic examinations. In addition, the system of objects of forensic explosive examination is being considered.
Keywords: explosion, explosive, explosive device, detection of traces of an explosion, place of accident, object of examination, explosive examination.
Article bibliographic listk
1. Dolgushina L.V. Forensic features of the initial investigative actions related to the inspection of the explosion sitea // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 398-399.
2. Biryukov V. V. Forensic weapons science. – Lugansk: SPD Reznikov V.S., 2013. – 256 p. – ISBN 978-617-509-301-6.
3. Kabakova E. S., Dolgushina L. V. Detection of traces of an explosion at the scene // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 383-385.
4. Kotkin P. N. Tactics of emergency actions at the scene of an explosion associated with the use of an explosive device // Forensic expert. – 2006. – No. 2. – P. 10-16.
5. Antonov V. P., Belozerova I. I., Bertovsky L. V., Borinskaya S. A. Forensic Science: Textbook for Bachelors / Ed. L. V. Bertovsky; Russian Peoples’ Friendship University. – Moscow: Prospect, 2018. – 961 p.
6. Shkhagapsoev Z. L., Gauzhaeva V. A. Tasks of Preliminary Investigation of Explosion Traces at the Crime Scene // Business in Law. Economic and Legal Journal. – 2014. – No. 2. – P. 283-285.
CRIMINOLOGY
MALAEV Azret Khusenovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, captain of police
FEATURES OF THE DETECTION OF JUVENILE DELINQUENCY
The article examines the social determinants of juvenile delinquency, which are one of the important problems of modern Russian society. The author characterizes the features of juvenile delinquency, which subsequently cause them to be the source of their deviant behavior. The criminological characteristics of juvenile delinquency are considered. The author suggests his own ways of effective preventive work in the fight against juvenile delinquency.
Keywords: adolescents, crime, socio-economic problems, prevention, deviant behavior.
Article bibliography
1. Tokareva E. V. Criminological aspect of juvenile delinquency and promising directions of the fight against juvenile delinquency // Science diary. – 2022. – No. 10.
2. Shamkin L. I., Bobylev A. A., Ozerov I. N. General and individual measures to prevent juvenile delinquency // Global scientific potential. – 2023. – No. 5. – P. 129-131.
3. Kashintseva N. A. Problems of juvenile delinquency, group nature of juvenile delinquency// Bulletin of the State Educational Institution of Additional Professional Education of the Tyumen Region “IPC and PPRO Tula”. Tula educational space. – 2021. – No. 1. – P. 110-112.
4. Shikhaleva S. D., Kravchenko O. O. Juvenile delinquency as a problem of modern society // Youth. Science. Innovations. – 2023. – V. 2. – P. 69-74.
5. Vasilyeva A. N., Portnyagina A. Yu. Prevention of juvenile delinquency// Problems of modern pedagogical education. – 2021. – No. 71. – P. 62-65.
6. Gerasimova E. V., Zhukova A. P. Determinants of juvenile delinquency as a problem of modern society // Criminal procedural protection of the rights and legitimate interests of minors. – 2023. – No. 1. – P. 46-49.
7. Animokov I. K. Individual preventive work with minors as a means of preventing juvenile delinquency // Gaps in Russian legislation. – 2020. – Vol. 13. No. 4. – P. 351-354.
8. Dyshina A. I. Problems of preventing juvenile delinquency and ways to solve it // Postgraduate student. – 2021. – No. 4. – pp. 81-84.
CRIMINOLOGY
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Criminal law department sub-faculty of the North-West Branch of the Russian State University of Justice, St. Petersburg)
CRIMES UNDER ARTICLE 157 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: CRIMINAL LAW AND CRIMINOLOGICAL PROBLEMS
The article examines the issues of criminal law regulation of malicious evasion of payment of funds for the maintenance of children or disabled parents. The author pays attention to the criminological aspect of the problem under study, it is noted that the analyzed assaults remain the most common and detectable among the crimes provided for in Chapter 20 of the Criminal Code of the Russian Federation. Despite the apparent evidence of what has been done, there is a significant latency of encroachments due to the desire of parents to resolve everything “amicably”, the presence of “gray” salaries and a number of other reasons. Legislative and law enforcement problems have been identified that do not allow to adequately counteract these criminal encroachments, and ways to solve them have been proposed.
Keywords: malice, evasion, children, parents, tendencies.
Bibliographic list
1. Makeeva I. S., Kharlamova A. A. Non-payment of funds for the maintenance of children or disabled parents // Law ness. – 2021. – No. 10. – P. 40-45.
2. Prozumentov L. M. Criminal-legal protection and responsibility of minors in the Russian Federation. – Tomsk: Publishing house of Tomsk State University, 2017. – 308 p.
CRIMINOLOGY
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor, professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, Head of the Department of Criminal Law, Process and Criminalistics of the Faculty of Law of the NRU “Higher School of Economics”
FEATURES OF SCIENTIFIC AND METHODOLOGICAL SUPPORT FOR THE TRAINING OF HIGHLY QUALIFIED PERSONNEL TO COMBAT C YBERCRIMES IN THE FIELD OF DIGITAL ECONOMY AND FINANCE
The article states the increase in the number of crimes in the Russian Federation committed using modern computer technology and information technology.
In this regard, the main task of the higher education system at the present stage is the training of highly qualified modern legal personnel capable of countering modern cybercrime at all levels – from lawmaking to law enforcement, as well as the creation of a multi-stage system for its prevention.
Hierarchically structured systems of legal algorithms formed within the framework of the developed models and methods to combat modern cybercrimes are focused on the prompt detection, timely disclosure and proper investigation of cybercrimes in the field of digital economy and finance.
Keywords: digitalization, digital transformation, artificial intelligence, cybercrimes, investigation of cybercrimes, personnel training, additional professional education.
Article bibliography
1. Bertovsky L. V., Kurbatova S. M. High-tech law as an element of the mechanism of Russian statehood // Bulletin of the Khakass State University named after N. F. Katanov. – 2023.
– No. 3 (45). – P. 110-111.
2. Eliseev V. S., Velento I. I. Theory of economic law: the theory of branches of law that ensure economic relations. – M.: “Prospect”, 2019.
– 416 p.
3. Rozhkova M. A. Categories “digital law”, “digital rights” and “digital currency” in Russian law // Law of the digital economy – 2021 (17): Yearbook-anthology. – M.: OOO “Izdatelstvo” STATUT “, 2021. – P. 10-68.
4. Saveliev D. A. Information law and e-state. Introductory course: Tutorial. – SPb.: ITMO University, 2012. – 71 p.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF FATAL POISONING WITH PROHIBITED SUBSTANCES THROUGH THE PRISM OF MODERN NATIONAL SECURITY CHALLENGES
The article analyzes the level of poisoning with prohibited substances, including fatal ones, based on data from the annual monitoring of the drug situation in the Russian Federation. By analysis comparative with the results of sociological surveys on the study of public opinion on the drug situation, correlations have been established on the intensification of criminal activities for the distribution of drugs among the male part of the population aged 30 to 50 years, as well as on the increase in the number of fatal poisoning with prohibited substances among this category of the population, which in modern conditions should be considered as a challenge to Russia’s national security.
Keywords: drug situation, anesthesia, drug addiction, monitoring of drug addiction, poisoning with narcotic and psychoactive substances, mortality, national security, anti-drug prevention.
Bibliographic list
1. The number of drug poisonings has increased in Siberia. [Electronic resource]. – Access mode: https://rg.ru/2024/03/27/reg-sibfo/v-sibiri-vyroslo-kolichestvo-otravlenij-narkotikami.html (date of access: 15.05.2024).
2. Murashko reported an increase in the number of poisonings with narcotic substances in Russia. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/16549447 (date of access: 15.05.2024).
3. Drug addiction: monitoring. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/narkoticheskaja-zavisimost-monitoring (date of access: 15.05.2024).
4. Kharitonova N. CSTO and the problem of hybrid wars. [Electronic resource]. – Access mode: https://e-cis.info/news/566/116300/ (date of access: 15.05.2024).
5. Stupina S. A. Drug use in modern conditions: Individual causes and preventive measures // Epoch of science. – 2024. – No. 37. – P. 124-130.
6. Report on the drug situation in the Krasnoyarsk Territory in 2023:Approved at the meeting of the Anti-Drug Commission of Krasnoyarsk Krai on 20.03.2024. [Electronic resource]. – Access mode: http://www.krskstate.ru/safety/ank/info (date of access: 15.05.2024).
7. Report on the drug situation in the Russian Federation in 2022: approved on July 5, 2023 at the meeting of the State Anti-Drug Committee. [Electronic resource]. – Access mode: https://гак.мвд.рф/мониторинг-наркоситуация/выгревки-из-докладов-о-наркоситуация (date of access: 15.05.2024).
8. Predicted challenges and threats to national security of the Russian Federation and directions for their neutralization / Under the general editorship of A. S. Korzhevsky. – M.: RSUH Publishing House, 2021 – 562 pp.
JUDICIAL PROCEEDING
LIFINTSEV Vladislav Nikolaevich
Arbitration Court of the city of Moscow, assistant judge
RUSSIAN AND FOREIGN EXPERIENCE INTRO DUCING MODERN TECHNOLOGIES INTO THE JUDICIAL SYSTEM OF THE XXI CENTURY
The article is dedicated to the topic of the introduction of modern technologies into the judicial system in the first decades of the XXI century. The main global trends have been studied, the foreign experience of using modern technologies in the consideration of cases in courts has been analyzed. The characteristic features of information technologies used in judicial activity are highlighted. Special attention is paid to the problem of the use of artificial intelligence in the administration of justice. As a result of the study of foreign experience, the most suitable ways of introducing information technologies for the Russian judicial system have been identified, which would be useful to adopt for use in the courts of our country.
Keywords: information technology, digitization, video conferencing, voice protocols, electronic justice, electronic court proceedings, predictive justice, artificial intelligence.
Article bibliography
1. Burdina E. V. Digitalization of judicial activity: directions, forecasts and risks // Court administrator. 2020. No. 2. P. 10-14.
2. Darda A. V. The impact of modern information technologies on the administration of justice // Legal science. 2020. No. 10. P. 60-64.
3. Dragilev E. V., Drovalevoy L. S., Palamarchuk S. A. Informatization of the judicial system of China // Legal science. 2022. No. 8. P. 54-59.
4. Zhurkina O. V., Maksimenko E. I. Digital justice on the example of Internet courts of China // Issues of Russian and International Law. 2020. Vol. 10. No. 6. P. 138-143.
5. Kachalova O. V. European standards for the use of information technology in legal proceedings in the context of modern challenges and threats // The rule of law: theory and practice. 2022. No. 1 (67). P. 101-115.
6. Kupchina E. V. Application of Artificial Intelligence Technology in the US Civil Procedure System // Legal Concept. 2021. No. 4. P. 63-71.
7. Luzhina A. N. Digital Justice Reform: France and Russia // Social and Humanitarian Sciences. 2022. No. 3. P. 110-118.
LEGAL PROCEEDINGS
SNEGUR Alexander Anatoljevich
Ph.D. in Law, Chairman of the Arbitration Court of the Kherson region, Genichesk
STEPANENKO Roman Alexeevich
Ph.D. in Law, Deputy Chairman of the Arbitration Court of the Kherson region, Genichesk
FORMATION OF AN ECONOMIC JUSTICE SYSTEM IN THE TERRITORY OF KHERSON REGION
In 2022, a number of new entities became part of the Russian Federation, one of which was the Kherson region. Today, the process of creating a Russian justice system is taking place in this territory. Note that the spread of Russian justice at the moment occurs only in part of the territories of the Kherson region, which is primarily due to the ongoing military operations and the occupation of certain areas of the Kherson region. This article is devoted to the formation of the economic justice system in the Kherson region. The article examines the main problems of forming an economic justice system, and also suggests ways to solve them. In conclusion, it is concluded that the judicial system of the Kherson region is being formed and smoothly enters into the legal system of the Russian Federation, taking into account the current Russian legislation. Despite the fact that this subject relatively recently became part of the Russian Federation, the legal field in it has already been quite strengthened and stabilized, including thanks to the prompt, competent and educational work of the Arbitration Court of the Kherson Region.
Keywords: justice, legislation, Kherson region, legal system, judicial system.
Article bibliographic list
1. Bogatyrev E. V. Economic justice: genesis, evolution and prospects // Konstitunational and municipal law. – 2010. – No. 10. – P. 6-10.
2. Zakharov A. V., Akimov N. A. Economic justice in the mechanism of implementation of the economic function of the state // Law and state: theory and practice. – 2019. – No. 5 (173). – P. 37-40.
3. Kleandrov M. I. Economic justice in Russia: past, present, future. – Moscow: Voltere Kluwer, 2006. – 600 p.
4. Komsomolskaya Pravda Kherson. – [Electronic resource]. – Access mode: https://www.herson.kp.ru/daily/27525/4790211/
5. Nazarov I. D. Economic justice as an instrument for regulating economic relations in Russia // Modern science-intensive technologies. Regional supplement. – 2015. – No. 2 (42). – P. 74-77.
6. Entrepreneurial law of the Russian Federation / Ed. E. P. Gubin, P. G. Lakhno. – M.: Yurist, 2003. – 1001 p.
JUDICIAL PROCEEDINGS
LIFINTSEV Vladislav Nikolaevich
Arbitration Court of the city of Moscow, assistant judge
THE STATE AND PROSPECTS OF REDUCING THE BURD EN ON JUDGES
This article examines the state of the judicial burden on judges of courts of general jurisdiction and arbitration courts of the Russian Federation. An analysis of the proposed ways to reduce the judicial burden is carried out, their positive and negative aspects are considered. The most effective ways to reduce the workload on judges are given. A simplified form of legal proceedings is considered, which is aimed at the effective and efficient protection of rights and interests. This practice helps to significantly reduce the judicial workload. Pre-trial dispute resolution with the participation of a mediator is an excellent way to reduce the number of claims filed and, accordingly, to reduce the workload on judges. Taking into account these promising areas, it is necessary to make appropriate changes to procedural legislation and other legal acts.
Keywords: judicial burden, judicial system, mediation, order proceedings, simplified proceedings, e-justice, quasi-courts.
Article bibliography
1. Bocharov T. Yu., Volkov V. V., Voskobitova L. A., Dmitrieva A. V., Smola A. A. Proposals for improving the judicial system in the Russian Federation and changes in regulations for the purpose of their implementation. Moscow, 2018. 116 p.
2. Kachalova O. V. Methods for optimizing the judicial workload: keeping up with the times // Judge. 2020. No. 12 (120). P. 26-30.
3. Kartashova A. G., Pirozhkova I. G. Quasi-judicial institutions in the legal space: definition and approaches to definition // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2019. No. 3 (83). P. 49-54.
4. Makarova-Zemlyanskaya A. A. Optimization and legislative definition of the norms of the judicial workload of judges // Legal sciences: problems and prospects: materials of the IX Int. scientific conf. Kazan, 2020. P. 23-29.
5. Posulikhina N. S., Kozyreva A. B. Alternative dispute resolution methods as a measure to reduce the burden on the courts: a comparative legal study // Lex Russia. 2021. No. 9. P. 144-153.
LAW ENFORCEMENT AUTHORITIES
VITYUTNEV Evgeniy Evgenjevich
Head of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
>ZINNATOV Roland Rifatovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BLUDOVA Inna Nikolaevna
associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
COMBAT FIGHTING TECHNIQUES: BUILDING COMBINATIONS AND TACTICS OF THEIR APPLICATION IN THE PRACTICAL ACTIVITIES OF FUTURE EMPLOYEES OF SECURITY UNITS OF PERSONS SUBJECT TO STATE PROTECTION
The article reveals the importance of special physical qualities that are developed by studying various combat techniques of fighting both individually by employees of state protection, and in interaction with other employees of the Department of Internal Affairs of the Russian Federation, as well as by mastering and practicing shooting skills from service weapons. We must not forget that strength, motor coordination, speed qualities and abilities also guarantee not only the skillful performance of tasks assigned to an employee of the Department of Internal Affairs of the Russian Federation, but also his personal safety.
An important factor is the consideration of anthropological data during the use of force. In the practical sphere, as a rule, rivals are not the same in weight category, height, gender and physical fitness. It is not uncommon for cases to arise that a criminal is physically more developed than a law enforcement officer. In this regard, an increase in the infliction of harm to health of varying severity to employees of the Department of Internal Affairs is explained.
Keywords: professional training, physical training, physical qualities, combat fighting techniques, physical qualities, state protection, hand-to-hand combat.
Article bibliography
1. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodical and practical foundations of physical training and education of students of educational organizations of the Ministry of Internal Affairs of Russia: Textbook. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p. – ISBN 978-5-7247-1179-1. – EDN GBDLJV.
2. Ivanov A. I., Mavropulo O. S., Tashchiyan A. A. [et al.]. Study of the nature of attacks on police officers in the line of duty as a basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia // Scientific Notes of P. F. Lesgaft University. – 2023. – No. 4 (218). – P. 130-134. – DOI 10.34835/issn.2308-1961.2023.04.p130-135. – EDN EQRRUF.
3. Babin A. V., Mingulov I. R. Features of the formation of strength abilities in police officers of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, Orel, June 23, 2022. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 30-33. – EDN OKKFHP.
4. Khorolsky V. V., Nadtoka S. V., Koloyagyo P. V., Babin A. V. Activities of police officers during special administrative-legal regimes // Review of pedagogical research. – 2023. – Vol. 5. No. 2. – Pp. 33-36. – EDN DYKLKB.
5. On the police: Federal Law of February 7, 2011 No. 3-FZ // Reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 03/10/2024). – Text: electronic.
LAW ENFORCEMENT BODIES
Gotskaya N. R.
THE ESSENCE OF DOCUMENTING CRIMINAL ACTIVITY BY OPERATIONAL UNITS OF INTERNAL AFFAIRS BODIES
The crimes disclosure is primarily the active activity of operational units to identify and record the fact of the commission of a specific crime, implemented in both obvious and non-obvious conditions. In turn, the disclosure of crimes by criminal investigation units is reflected (both documentary and functional) in the process of documenting the criminal activities of specific individuals. It is within the framework of documentation by employees of operational divisions of internal affairs bodies that a set of operational search measures of various structure and content is implemented in order to identify and disclose specific types of crimes.
Keywords: documentation of criminal activity, disclosure of crimes, implementation of documentation of criminal actions, stages of documentation, operational investigative measures.
Article bibliography
1. Astishina T. V. Features of the fight against organized criminal groups encroaching on public morality // Bulletin of the Institute of Criminal Procedure of the Ministry of Internal Affairs of Russia. – 2014. – No. 2. – P. 34-37.
2. Vozgrin I. A. Scientific foundations of forensic methods of crime investigation: course of lectures. – St. Petersburg, 1993. – 79 p.
3. Gannochka V. V., Zakalyapin D. V., Meshcherin A. I. Fundamentals of operational-search activity: a textbook for university students studying in the specialty 030501 “Jurisprudence”. – Pyatigorsk: OOO “RIA na KMV”, 2009. – P. 124.
LAW ENFORCEMENT AGENCIES
EGOSHIN Igor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Head of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
KOPYLOV Ivan Alexeevich
lecturer of Fire training sub-faculty of the East Siberian Law Institute of the MIA of Russia, Irkutsk
KUZMIN Sergey Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
THE DEVELOPMENT OF PSYCHOLOGICAL STABILITY OF STUDENTS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN FIRE TRAINING CLASSES AND PROSPECTS FOR THE USE OF PSYCHOLOGICAL TECHNIQUES TO OVERCOME STRESS IN PRACTICE
Topical issues of overcoming stressful situations that arise when firing firearms through the use of various psychological techniques, as well as consideration of the causes of their occurrence. Formation of psychological resistance of cadets and police officers to sudden stressful situations related to the use of firearms, which have the prospect of overcoming stress in practice. The author suggests ways to overcome stress and develop the skills of calm response to stressful situations with firearms.
Keywords: fire training, cadet, psychological stability, firearms.
Article bibliography
1. Arkhipov S. N. Fire training in the system of professional training of employees of internal affairs bodies: problems and solutions // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (6). – P. 171-173.
2. Konychev A. A., Merkulova Yu. N., Chebaev A. A. Psychological training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia in fire training // The Age of Science. – 2019. – No. 19. – P. 36-38.
3. Melnik E. A., Shults D. V. Stressful situations faced by cadets during shooting during fire training classes // Young scientist. – 2022. – No. 48 (443). – P. 536-538.
4. Semenov V. V., Medvedev I. V. Preparation of cadets of higher educational institutions of the Ministry of Internal Affairs of Russia for stressful situations during fire training classes // Actual problems of combating crimes and other offenses. – 2016. – No. 16-2. – pp. 191-194.
LAW ENFORCEMENT BODIES
LITVINA Liliya Mikhaylovna
senior lecturer of Criminal process sub-faculty of the Kazan Law Institute of the MIA of Russia
GALYAUTDINOV Rafisovich< br /> lecturer of Tactical, special and fire training sub-faculty of the Kazan Law Institute of the MIA of Russia
ON THE ISSUE OF ENSURING PUBLIC ORDER AND PUBLIC SAFETY DURING PUBLIC EVENTS
This article discusses issues related to ensuring public order and public safety by internal affairs bodies during public and mass events. The problematic issues of bringing persons to administrative responsibility under Art. 20.2 of the Code of Administrative Offenses of the Russian Federation and criminal liability under Art. 212.1. Criminal Code of the Russian Federation. Based on an analysis of offenses committed in this area, the authors provide promising directions in the issue of ensuring law and order during public events.
Keywords: internal affairs bodies, public order, public safety public events, mass events, uncoordinated actions, crime, administrative offense.
Article bibliography
1. Lozovsky D. N. On the issue of the activities of law enforcement agencies to ensure security during mass sports events of international level (foreign practice) // Current issues of combating crimes and other offenses. – 2013. – No. 13-2. – P. 24-25.
2. Kvasha A. A., Kapranova Yu. V., Sokolov V. A. Administrative liability. – Rostov-on-Don: Rostov Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 12-19.
3. Kustova N. K. Actual issues of ensuring law and order during public events // Actual issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training of employees of internal affairs bodies: Materials of the international scientific and practical conference, St. Petersburg, May 25-27, 2023. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 200-202.
LAW ENFORCEMENT BODIES
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Institute of the MIA of Russia
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SHALAMOVA Anna Yurjevna
lecturer of Criminal law and criminology sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
BAYKALOV Vladislav Alexandrovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
THE ESSENCE AND FEATURES OF PROFESSIONAL TRAINING OF FUTURE EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN MODERN CONDITIONS
The authors analyze the essence and features of the professional training of future police officers in the context of modern conditions and challenges. The authors explore the current requirements for personnel in law enforcement agencies and identify the main aspects that determine the effectiveness of training specialists to work in law enforcement agencies. This article examines the main problems of vocational training faced by both teachers and students. The authors conclude that the professional training of future employees of the Ministry of Internal Affairs of Russia in modern conditions is a complex and multifaceted process that requires constant updating and adaptation.
Keywords: professional training, police officer, vocational training, competence development, skills formation.
Article bibliography
1. Aripshev A. M. Some issues of professional training of police officers // Gaps in Russian legislation. – 2017. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-professionalnoy-podgotovki-sotrudnikov-politsii (date of access: 02.05.2024).
2. Gubchenko E. S. The essence and features of professional training of future employees of the Ministry of Internal Affairs of Russia in the context of the modern socio-cultural situation // Problems of modern pedagogical education. – 2022. – No. 77-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/suschnost-i-osobennosti-professionalnoy-podgotovki-buduschih-sotrudnikov-mvd-rossii-v-usloviyah-sovremennoy-sotsiokulturnoy (date of access: 02.05.2024).
3. Medvedev I. V. On the effectiveness of professional training of employees of the internal affairs bodies of the Russian Federation // Problems of modern pedagogical education. – 2018. – No. 60-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-effektivnosti-professionalnogo-obucheniya-sotrudnikov-organov-vnutrennih-del-rossiyskoy-federatsii (date of access: 02.05.2024).
4. Seleznev V. I. General professional initial training of police officers hired for the first time // Police activity. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obscheprofessionalnaya-nachalnaya-podgotovka-sotrudnikov-politsii-vpervye-prinyatyh-na-sluzhbu (date of access: 02.05.2024).
5. Seleznev V. I., Kasatkina N. V. Professional training of a police officer in modern conditions // Professional education in Russia and abroad. – 2017. – No. 1 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnoe-obuchenie-sotrudnika-politsii-v-sovremennyh-usloviyah (date of access: 05/02/2024).
LAW ENFORCEMENT AUTHORITIES
TONYSHEV Alexander Vladimirovich
Ph.D. in Law, associate professor of Personnel management and educational work sub-faculty of the Educational and Scientific Complex for Researching Problems of Personnel Work and Moral and Psychological Support of the Activity of Internal Affairs Bodies of the St. Petersburg University of the MIA of Russia
UDODOV Alexander Grigorievich
Ph.D. in Law, associate professor of Legal regulation of entrepreneurial and applied jurisprudence sub-faculty of the Moscow Financial and Industrial University “Synergy”
FEATURES OF EDUCATION OF THE CULTURE OF INTERETHNIC COMMUNICATION IN THE BODIES OF INTERNAL AFFAIRS
The content of the proposed article separately considers the directions of interethnic communication within the professional teams of the Ministry of Internal Affairs and the relationship of employees with citizens. The factors that trigger destructive tendencies in the interaction of these subjects are also noted and recommendations for their minimization are given. As the main means of formation of the culture of interethnic communication in the conclusions are indicated legal prohibitions and regulations, familiarization of employees with the rules directing the communication of subjects of such communication to the goals of professional nature and introduction of the case method in the educational activity.
Keywords: education, interethnic communication, people, police, national identity, ethno-cultural competence.
Article bibliography
1. Cheremisova I. V. Formation of the culture of interethnic communication of cadets as a component of professional training in accordance with aesthetic criteria // Pedagogical activity as a creative process: Materials of the All-Russian scientific and practical conference (with international participation), Grozny, October 29, 2022. – Makhachkala: Limited Liability Company “ALEF Publishing House”, 2022. – P. 598-605. – EDN QYSFRB.
2. Skvortsova E. V. Ethnocultural competence of police officers // Psychopedagogy in law enforcement agencies. – 2016. – No. 3 (66). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/etnokulturnaya-kompetentnost-sotrudnikov-politsii (date of access: 05/21/2024).
3. Udovov G. A. Tolerance in the relationship between students and teachers // Language. Culture. Communication: Materials of the All-Russian scientific and practical conference, St. Petersburg, November 29, 2022. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 99-103. – EDN KWLANC.
4. Udovov G. A., DemidovA. V. Respect for the individual in the educational process // Moral and psychological support for the activities of internal affairs bodies: modern approaches and development prospects: materials of the All-Russian scientific and practical conference, St. Petersburg, December 14, 2022 / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 274-277. – EDN FIMQYK.
SECURITY AND LAW
ARAMISOV Amir Aslanovich
Ph.D. in pedagogical sciences, lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SPECIFICS OF PREVENTING EXTREMISM IN HIGHER EDUCATIONAL INSTITUTIONS
The article discusses the features of organizing preventive work to counter extremism in higher educational institutions. Higher educational institutions are mainly concentrated among young people, and higher educational institutions have the ability to implement large-scale measures to counter extremism. Creating the necessary pedagogical conditions for students to realize their creative and scientific potential is a necessary direction for the implementation of effective preventive work. However, in higher educational institutions of the Russian Federation, the implementation of programs for the prevention of extremism is not effective, since it is not systemic in nature, but is represented by individual events. At the same time, higher education institutions have the necessary pedagogical and psychological resources and mechanisms of influence. It is necessary to develop a conceptual model for the prevention of extremism in higher educational institutions, which will include psychological, social and pedagogical components. The use of the model and the possibility of changing it will improve the efficiency of preventive work at the university. It is important to take into account that solving problems of countering extremism is not exclusively the task of educational institutions; the implementation of preventive measures is possible only with the involvement of government authorities at various levels.
Keywords: extremism, ideology, prevention, educational institution, students, counteraction, youth environment, law enforcement agencies, conflicts,
Article bibliographic list
• Archakov M.K. Political extremism: essence, manifestations, countermeasures: monograph / Under scientific. ed. Yu. A. Ermakova. – Moscow: Yurait Publishing House, 2020. – 295 p.
• Akhilgov A. M. Responsibility for extremist crimes // Young scientist. – 2020. – No. 40 (330). – P. 91-94.
• Veshkin S. V. Model for the prevention of ethnic extremism among students during their studies at a university // Modern problems of science and education. – 2020. – No. 6. – P. 1-6.
• Serdyuk N. V., Grishchenko L. L., Stolyarenko A. M. Psychological and pedagogical aspects of the prevention of extremism among young people // Psychology and law Psyandlaw.ru. – 2018. – T. 8. No. 3. – P. 167-178.
• Tkhazeplov T. M. Prevention of extremism and terrorism among youth // Law and Management. – 2022. – No. 5. – P. 67-69.
SAFETY AND LAW
BALABKIN Dmitriy Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
GOGOLEVA Valentina Vladimirovna
associate professor of the Higher School of Law and Forensic-Technical Expertise of Peter the Great the St. Petersburg Polytechnic University
THE CONCEPT OF TERRORISM AND ITS THEORETICAL FOUNDATIONS
The article discusses the theoretical aspects of the concept of terrorism, its nature and key points in the history of this concept. The article also provides an analysis of the definitions of researchers of this phenomenon, synthesizes a general definition based on the work done, and characterizes the object and subject of terrorism. The authors conclude that the concept of terrorism is difficult to define unambiguously, since it has many different manifestations and forms. However, the main theoretical approaches to the study of terrorism are legal, sociological, political science and psychological. Each of these approaches allows us to more deeply understand the causes of terrorist acts, the mechanisms of their functioning and methods of prevention. Sstudying the theoretical foundations of terrorism allows us not only to combat this phenomenon, but also to prevent its occurrence in the future.
Keywords: concept of terrorism, definition of the concept of “terrorism”, problem of terrorism, characteristics of terrorism, terrorist act.
Article bibliography
1. Gorbunov Yu. S. On the definition of the concepts of “Terrorism” and “Terrorism” // Journal of Russian Law. – 2010. – No. 2 (158). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-opredelenii-ponyatiy-terror-i-terrorizm (date of access: 03/16/2024).
2. Dvoretsky I. Ch. Latin-Russian dictionary. – M., 1976 @@ Latin-Russian Lexicon / Comp. I. Kronberg. 1st ed. – Part 2. – M., 1824. – P. 1009-1011.
3. Deryugina Yu. N. Terrorism: criminal-legal and criminological aspects: dis. … candidate of legal sciences. – M., 2001. – P. 47.
4. Nikitin A. V. Terrorism as a form of deviant behavior (criminological aspect): dis. … candidate of legal sciences. – St. Petersburg, 2003. – P. 35.
5. Fundamentals of counteracting terrorism: textbook for students of higher educational institutions / [Ya. D. Vishnyakov, G. A. Bondarenko, S. G. Vasin, E. V. Gratsiansky]; edited by Ya. D. Vishnyakov. – M.: Publishing Center “Academy”, 2006. – 240 p.
6. Yakovlev A. Yu. And again about terrorism: another attempt to find its definition // Social and humanitarian knowledge. – 2012. – No. 4. – P. 130.
SECURITY AND LAW
KORSIKOVA Natalya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Aerospace instrumentation sub-faculty of the St. Petersburg State University
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 University of the FPS of Russia
TERRORISM AND EXTREMISM: SOCIAL AND LEGAL FOUNDATIONS
The article is devoted to the social and criminological analysis of crimes of terrorist and extremist orientation, with the justification of the main directions of the implementation of criminological knowledge in the practical activities of law enforcement agencies. The article examines the criminological features of terrorism and extremism at the present stage of development of society. The following elements of criminological characteristics of terrorism and extremism are touched upon, such as: causes of crime of terrorist and extremist orientation; quantitative indicators of terrorism and extremism in the Russian Federation, as well as the structure of extremist activity and terrorism in Russia, taking into account the modern realities of society development.
Keywords: terrorism, extremist activity, national security, counteraction to terrorism, counteraction to extremism.
Article bibliographic list
1. Mits D.S. Anti-terrorist function of the state and general problems of modernization // Education and Law. 2020. No. 8. Pp. 13-19.
2. Ozhegov S.I. Dictionary of the Russian language. 10th ed., stereotype. Ed. by N. Yu. Shvedova. Moscow: Sov. Encyclopedia, 1973. 846 p.
3. Averyanov Yu. I. Political Science: Encyclopedia of Words. M.: Publishing house of Moscow Commercial University, 1993. 431 p.
4. Protasov D. S. History of the study and the problem of defining the concept of extremism of socio-political orientation // Education and science in modern realities: mater. Int. scientific-practical. conf. FSBEI HE “Chuvash State University named after I.N. Ulyanov”. Cheboksary, 2022. Pp. 8-10.
5. Sergun E. P. Extremism in Russian criminal law: author’s abstract. dis. … candidate of legal sciences: 12.00.08. Tambov, 2009. 24 pp.
SAFETY AND LAW
RUDIK Mikhail Viktorovich
Ph.D. of Law, associate professor, associate professor of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
FAKOV Azamat Mukhajidovich
associate professor of Activities of internal affairs bodies in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
APPAZOV Said
Ph.D. of Law, associate professor, lecturer of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
MOTIVATION OF EXTREMIST ACTS: CONFORMITY OF FORM AND CONTENT
The article describes the problem of mixing scriptural texts into the motivational activities of extremist groups, which, by changing the content of religious tenets, justify violence and terror against their opponents. At the same timee time, a global threat has been growing in the world community, consisting of the use of individual religious movements in order to artificially create a relationship of intolerance, hostility and mental confrontation. At the same time, this technology is actively used by some countries to change not only geopolitical priorities, but also to physically eliminate heads of state by organizing coups d’etat. In this process, extremist sentiments artificially fueled by Western curators play a major role. The authors point out the need to exchange experience with other countries and international organizations that are not dependent on the United States and carry out foreign and domestic policies independently, clearly understanding the hidden threat posed by an incorrect understanding of the texts of religious scriptures.
Keywords: extremism, motives, sacred texts, religion, ideology, crime.
Bibliographic list
1 Why was Gaddafi overthrown? [Electronic resource]. – Access mode: https://tass.ru/mezhdunarodnaya-panorama/10939841. (date of access: 12.04.2024).
2. Ignatov A. N. Criminogenicity of technogenicity // Society and Law. – 2019. – No. 2. – P. 34-40.
3. Criminal Code of the Russian Federation” of 13.06.1996 No. 63-FZ (as amended on 06.04.2024). [Electronic resource]. – Access mode : https://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 12.04.2024).
4. The Holy Quran. [Electronic resource]. – Access mode: https://quran-online. ru. (date accessed: 14.04.2024).
SECURITY AND LAW
SEMENOVA Kristina Andreevna
senior lecturer of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
KRAUZE Sergei Vladimirovich
senior lecturer of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
LARIONOV Vyacheslav Nikolaevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurievich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
COUNTERING TERRORISM: HISTORICAL, THEORETICAL AND LEGAL ANALYSIS
The article provides a historical, theoretical and legal analysis of the concept of countering terrorism. The features of the legal regulation of the fight against terrorism in Pre-Revolutionary Russia, the USSR and the Russian Federation have been studied. A conclusion is drawn about the relationship between modern Russian criminal counter-terrorism legislation and pre-revolutionary and Soviet legislation. However, a significant difference in the anti-terrorist legislation of the Russian Federation is the identification of public safety as the object of the crime, which is based on ensuring and protecting the rights and freedoms of man and citizen, the material and spiritual values of society. At the same time, pre-revolutionary and Soviet legislation consolidated the interests of the state and state power as objects of terrorist activity. Other features of modern Russian criminal counter-terrorism legislation are highlighted.
Keywords: counter-terrorism, criminal law of Pre-Revolutionary Russia, criminal law of the USSR, Criminal Code of the Russian Federation
Article bibliographic list
1. Cathedral Code of 1649, Legal base “Garant”. [Electronic resource]. – Access mode: https://constitution .garant.ru/history/act1600-1918/2001/ (date accessed: 18.04.2024).
2. Gugasari E. S. Responsibility for terrorist crimes under the criminal legislation of the Russian Empire of the 19th century // Bulletin of the Tomsk State University. Law. – 2013. – No. 3 (9). – P.9-13.
3. Mulukaev R. S. On the issue of historical experience in the fight against terrorism // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (52). – P. 117-123.
4. Shalagin A.E., Grebenkin M.Yu. Counteraction to extremism and terrorism: history and modernity // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3. – P. 4-12.
5. Code on criminal and correctional punishments of 1845 [Electronic resource]. – Access mode: http://xn--e1aaejmenocxq.xn--p1ai/node/13654, (date of access: 16.04.2024).
6. Gugasari E. S. Features of the qualification of terrorist crimes under the Criminal Code 1903 // Man: crime and punishment. – 2013. – No. 2. – P. 97-100.
7. Kolotkov M. B. Organizational and legal transformations in the fight againstterror in Russia in 1903-1904 // New Perspective. – 2019. – No. 2. – P. 91-102.
8. Makarov G. S. History of the development of Soviet criminal legislation on responsibility for terrorism // Young scientist. – 2015. – No. 11 (91) – P. 1078-1080.
9. Kapitonova E. A. History of the development of legal regulation of responsibility for terrorism in Russia in the pre-revolutionary and Soviet period // News of universities. Volga region. Social sciences. – 2016. – No. 4 (40). – pp. 17-28.
SAFETY AND LAW
GONCHAROV Aleksey Sergeevich
postgraduate student of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
KRAUZE Sergei Vladimirovich
senior lecturer of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
LARIONOV Vyacheslav Nikolaevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurievich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
HIGH VOLTAGE AND LOW LIABILITY: PROBLEMS OF CALCULATION OF THE PENALTY IN THE FRAMEWORK OF CONSUMER LITIGATION WITH POWER SUPPLY COMPANIES
This article analyzes the current legal issues that arise when determining the amount of the penalty under the Law on Consumer Rights Protection” through the prism of legal relations arising in connection with the supply of substandard electricity that caused damage. The main legal categories of consumer protection – “quality” and “safety” – are considered. The article analyzes judicial practice and various approaches to the calculation of the penalty under Article 22 of the Law on Consumer Rights Protection. The question is raised about the need to amend the current legislation in order to ensure compliance with the principle of fairness in determining the amount of the penalty in cases of damage caused by goods of inadequate quality.
Keywords: penalty; consumer rights; electricity; property damage.
Article bibliography
1. Law of the Russian Federation of 07.02.1992 No. 2300-1 “On the Protection of Consumer Rights” // “Rossiyskaya Gazeta”, No. 8, 16.01.1996.
2. Housing Code of the Russian Federation of 29.12.2004 No. 188-FZ (as amended on 01.03.2023) // Collection of Legislation of the Russian Federation. – 03.01.2005.
3. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 26.05.2015 No. 5-KG15-45 // SPS “ConsultantPlus”.
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6. Decision of the Sovetsky District Court of the city of Orsk dated 15.10.2015 in case No. 2-1778/2015 // SPS “ConsultantPlus”.
7. Decision of the Central District Court of Orenburg dated 23.05.2016 in case No. 2-188/2016 (2-6180/2015) // SPS “ConsultantPlus”.
8. Resolutions of the Government of the Russian Federation dated 04.05.2012 No. 442 “On the functioning of retail electricity markets, full and (or) partial restriction of the electricity consumption regime” // SPS “ConsultantPlus”.
9. Housing Code of the Russian Federation dated 29.12.2004 No. 188-FZ (as amended on 21.11.2022) // [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=102090645 (date of access 12/29/2022).
10. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 10/23/2018 No. 78-KG18-44 // SPS “ConsultantPlus”.
11. Determination of the First Cassation Court of General Jurisdiction dated 04/17/2020 No. 88-9047/2020 // SPS “ConsultantPlus”.
12. How much do Russians pay for housing and communal services // Tinkoff magazine: official website. [Electronic resource]. – Access mode: https://journal.tinkoff.ru/zakroy-vodu-stat/ (date of access 05.04.2023).
SECURITY AND LAW
ISANBAEVA Dina Azatovna
student of the Ufa State Petroleum Technical University
FEDOSOV Artyom Vasiljevich
Ph.D. in technical sciences, Head of Industrial safety and labor protection sub-faculty of the Ufa State Petroleum Technical University
MIKHEEVA Anastasiya Dmitrievna
student of the Ufa State Petroleum Technical University
SHVIND Darya Pavlovna
student of the Ufa State Petroleum Technical University
SULTANGAREVA Elina Idarovna
student of the Ufa State Petroleum Technical University
LEGISLATIVE ASPECTS OF DIGITALIZATION IN THE FIELD OF PRODUCTION SAFETY
This article examines the relevance of legislative aspects in the field of industrial safety in modern society in the context of digitalization and technological development. Particular attention is paid to technosphere safety as an integral part of industrial safety. The main directions of digitalization in the field of technosphere safety are described, such as monitoring and condition control, analysis and forecasting, risk management, training and advanced training, and information support. The main legislation, aspects of digitalization, including the use of artificial intelligence, robotization, unmanned vehicles and integrated industrial safety management, as well as four main trends in the field of industrial safety management are discussed.
Keywords: industrial safety, technosphere safety, digitalization, monitoring, control, risk management, legislation, artificial intelligence.
Article bibliography
1. Rudenko R. V., Panasenko M. I., Boronina Yu. S., Skovikova A. A. Digitalization of technosphere safety in Russia. – [Electronic resource]. – Access mode: https://scilead.ru/article/1521 -digitization-of-technical-safety-in-. – 2022. – No. 3. – 48 p.
2. Fedosov A. V., Tazhetdinova A. A., Ganiev A. M. Problems of labor protection legislation and ways to solve them // Eurasian Law Journal. – 2023. – No. 9. – P. 241-242.
3. Fedosov A. V., Bashirova D. V., Fedosova E. A., Zaripov I. I. Changes in legislative requirements for the procedure for providing employees with funds individual protection // Eurasian Law Journal. – 2023. – No. 11. – P. 442-443.
4. Fedosov A. V., Musin R. R., Panin S. S., Tumanova E. Yu. Experience in implementing cross-disciplinary training in labor protection // Network publication “Oil and Gas Business”. – 2024. – No. 2. – P. 95-100.
5. Fedosov A. V., Abdrakhmanov N. Kh., Guseva A. S., Akhmet’yanov R. R. Possibility of using the results of non-destructive testing for assessing professional risks in the occupational safety management system. Safety of man-made and natural systems. – 2022. – No. 1. – P. 4-8.
EDAGOGY AND LAW
VOSKOBOEV Alexander Ivanovich
Head of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
KHALILULLIN Fail Fargatovich
Ph.D. in psychological sciences, associate professor of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia, colonel of police
GORLOV Vitaliy Viktorovich
Deputy Head of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
SHARIPOVA Aliya Rashitovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
INNOVATIVE TECHNOLOGIES USED IN THE PROCESS OF TRAINING CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS
This article analyzes the importance of using innovative technologies in the training of cadets and students of the Ministry of Internal Affairs of Russia, at the same time, the authors consider innovative technologies used in the training of students in universities of the Ministry of Internal Affairs of Russia. The authors discuss various methods and approaches used to train future law enforcement officers, with an emphasis on the use of advanced technologies in the educational process. The article discusses such innovative learning tools as virtual reality, simulators and shooting simulators used in fire training classes and others that help to increase the effectiveness of training and prepare cadets for real-life situations that they may encounter in their professional activities. The authors also analyze the advantages and challenges associated with the introduction of these innovations, as well as offer recommendations for their effective use in the educational process in educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: innovative technologies, educational process, educational technologies, cadet training, innovative learning tools.
Article bibliography
1. Gvozdkov P. Yu ., Gilmutdinova N. I., Bondarenko D. M. Application of innovative technologies in the educational process for physical training of cadets (students) of universities of the Ministry of Internal Affairs of Russia // Scientific notes of Lesgaft University. – 2023. – No. 1 (215). [Electronic resource ]. – Access mode: https://cyberleninka.ru/article/n/primenenie-innovatsionnyh-tehnologiy-v-uchebnom-protsesse-po-fizicheskoy-podgotovke-kursantov-slushateley-vuzov-sistemy-mvd-rossii (date of access: 03.05.2024).
2. Makhmudova N. R., Mukhamadiev S. I. Innovative technologies in education // Issues of science and education. – 2019. – No. 11 (57). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovanii-6 (date of access: 04.05.2024).
3. Romanov M. S., Didyuk A. Ya., Trifonenko N. M., Solodyankin D. V. The impact of digitalization on the activities of the bodies of the Ministry of Internal Affairs of Russia // Legal science. – 2022. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozdeystvie-tsifrovizatsii-na-deyatelnost-organov-mvd-rossii (date of access: 04.05.2024).
4. Russkova Yu. N. The nature and content of interactive learning technologies as a means of developing professional competencies among cadets of educational organizations of the Ministry of Internal Affairs of Russia // Proceedings of the XI International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2019/article/2018017605 (date accessed: 03.05.2024).
5. Tanaeva Z. R., Ivanova L. F. Interactive simulators and virtual trainers in the system of electronic training tools for future law enforcement officers // Bulletin of SUSU. Series: Law. – 2020. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-simulyatory-i-virtualnye-trenazhery-v-sisteme-elektronnyh-sredstv-obucheniya-buduschih-sotrudnikov-pravoohranitelnyh (date of access: 04.05.2024).
6. Torgersen A. S. Use of simulators in fire training in educational organizations of the Ministry of Internal Affairs of Russia // E-Scio. – 2020. – No. 10 (49). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-trenazherov-v-ognevoy-podgotovke-v-obrazovatelnyh-organizatsiyah-mvd-rossii (date of access: 04.05.2024).
EDAGOGY AND LAW
DANIELYAN Armen Sergeevich
Ph.D. in Law, CEO of LLC “Legal Support Center “Veritas””, Krasnodar
REFLECTIONS ON THE USE OF ARTIFICIAL INTELLIGENCE IN TEACHING LAW STUDENTS
The article discusses the use of artificial intelligence (AI) in legal education. The benefits of AI, such as optimization of training and legal analytics, are noted, as well as the risks associated with data protection and potential job losses.
To adapt education to the challenges of AI, it is proposed to revise the curriculum and introduce mandatory advanced training courses for lawyers in the field of AI, and also emphasizes the need to develop interdisciplinary skills and address ethical issues when integrating AI into the legal field.
Keywords: legal education, artificial intelligence, law, legal activity, legal profession, digitalization, digital technologies
Article bibliography
1. Kochkin M. Creation of educational simulators with GPT / ChatGPT for a lawyer and teacher: transcript of materials from an open seminar from the series “How to teach lawyers” (Faculty of Law, National Research University Higher School of Economics, April 3, 2023). – M., 2023. – P. 24-29.
2. Lonskaya S. V. Practical teaching methods in the context of digital transformation: history of law in higher education: teaching aid. – M., 2024. – 219 p.
3. Malko A. V., Salomatin A. Yu. Legal education in a globalizing society // News of higher educational institutions. Jurisprudence. – 2017. – No. 5. – P. 16-31.
4. Sokolova A. A. Artificial intelligence in jurisprudence: risks of implementation // Legal technology. – 2019. – No. 13. – P. 350-356.
5. AI in Education Market Report, 2032 // Global Market Insights. – 2022. – 64 p.
6. Connell W., Hamlin M. Black Artificial Intelligence and Legal Education // The Computer & Internet Lawyer. – 2019. – Vol. 36. No. 5. – P. 15-17.
7. Fornasier M. de Oliveira Legal education in the 21st century and the artificial intelligence // Revista Opinião Jurídica. – 2021. – Vol. 19. No. 31. – P. 1-32
8. Gordon J.- S. General Introduction // Future Law, Ethics, and Smart Technologies / ed. by J.-S Gordon. – Netherlands: Brill, 2024. – P. 1-11.
9. Hu T., Lu H. Study on the Influence of Artificial Intelligence on Legal Profession // 5th International Conference on Economics, Management, Law and Education (EMLE 2019). – 2019. – P. 964-968.
10. Susskind R. Tomorrow’s Lawyers: An Introduction to Your Future. – Oxford, 2013. – 288 p.
11. Wang Z. J. Between Constancy and Change: Legal Practice and Legal Education in the Age of Technology) // Law in context. – 2019. – Vol. 36. Iss. 1. – P. 64-79.
EDAGOGY AND LAW
JAVADYAN Yuriy Rachikovich
lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE DEVELOPMENT OF MORAL QUALITIES OF CADETS WHILE STUDYING AT THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article examines the problems of developing the moral qualities of cadets when studying in an educational organization of the Ministry of Internal Affairs of Russia, examines the values and spiritual and moral guidelines on the basis of which the value and semantic sphere of employees of internal affairs bodies is formed, examines the most effective approaches to creating pedagogical conditions for the development of spiritual and moral guidelines for cadets of the Ministry of Internal Affairs of Russia in the study of disciplines.
Keywords: the educational process, the University of the Ministry of Internal Affairs of Russia, pedagogical conditions, value-semantic orientation, cadets of the educational organization of the Ministry of Internal Affairs of Russia, spiritual and moral guidelines.
Article bibliography
1. Bakanova A. A. Existential aspect of overcoming crisis situations in adolescence // Life safety is a profession of the 21st century: problems of formation and development prospects: collection . tr. All-Russian scientific-practical. Conf., St. Petersburg, November 19-20, 2002 – St. Petersburg, 2002. – P. 82-84.
2. Borytko N. M. Theory and practice of formation of professional position of teacher-educator in the system continuous education: author’s abstract. diss. … doctor of ped. sciences: 13.00.08. – Volgograd, 2001. – 39 p.
3. Derkach A. A. Acmeology: textbook. – M.: Publishing house ” RAGS, 2002. – 650 p.
4. Eroshenkov N. V. Professional and moral training of cadets in the educational environment of the higher education institution of the Ministry of Internal Affairs of Russia: author’s abstract. diss. … candidate of ped. sciences: 13.00.08. – Belgorod, 2014. – 26 p.
5. Lebedenko I. M. Educational environmentand educational institution of the Ministry of Internal Affairs of Russia: author’s abstract. dis. … candidate of ped. sciences: 13.00.08. – Moscow, 2011. – 24 p.
6. Leontiev A. N. Activity. Consciousness. Personality. – Moscow: Politizdat, 1975. – 304 p.
7. Ushinsky K. D. Problems of pedagogy. – Moscow: Publishing house “URAO”, 2002. – 542 p.
PEDAGOGY AND LAW
ZAYTSEVA Ekaterina Vasiljevna
Ph.D. in Law, associate professor, Deputy Head of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
ARKHIPOV Evgeniy Vladimirovich
senior lecturer of Fire and technical training culty of the Barnaul Law Institute of the MIA of Russia
POSSIBILITIES, PROBLEMS AND TECHNOLOGIES OF TESTING ON EMPLOYMENT ON FIRE PREPARATION IN THE EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article features use of tests at carrying out of lessons on fire preparation at cadets and listeners of the educational organizations of the Ministry of Internal Affairs of Russia are considered. Conditions of effective application of tests in educational process depending on a grade level are defined. Problems of use of the test as principal view of control of theoretical knowledge are revealed. Possibilities and technologies of creation of the training test and system of adaptive testing with reference to discipline “fire preparation” are considered.
Keywords: fire preparation, testing, the test, the test task, the training test, adaptive testing, system of remote training, the educational organizations of the Ministry of Internal Affairs of Russia.
Article bibliographic list
1. Avanesov V. S. Composition of test tasks. – M., 2002. – 240 p.
2. Artyushkin O. V., Artyushkina T. A. Evolution of models of pedagogical testing of students in the system of higher professional education // Bulletin of Khakass State University named after N. F. Katanov. – 2013. – No. 3. – P. 119-123.
3. Tomashev M. V., Avdeev A. S., Krasnova M. V. Adaptive testing as a means of managing the quality of education // Computer Science and Education. – 2018. – No. 9. – P. 27-33.
4. Muzafin R. R., Nikiforov P. V. Types of educational and methodological support for special disciplines in distance learning // International Journal of Humanities and Natural Sciences. – 2023. – No. 9-1 (84). – P. 100-102. – DOI 10.24412/2500-1000-2023-9-1-100-102. – EDN BYZGNW.
5. Muzafin R. R., Nikiforov P. V., Ten N. A. Practice-oriented approach in fire training classes // Eurasian Law Journal. – 2021. – No. 3 (154). – P. 410-411. – EDN AKQAME.
6. Romanov A. A., Murtazin A. I. Application of the “Ahead of Reading” method in tactical training classes // Training of personnel for law enforcement agencies: modern trends and educational technologies: Proceedings of the XXV All-Russian Scientific and Methodological Conference, Irkutsk, February 27-28, 2020. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 155-156. – EDN JBQSBK.
PEDAGOGY AND LAW
ISAEV Rizvan Abdullaevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
VODOLATSKIY Konstantin Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
DAVYDOVA Snezhana Anatoljevna
lecturer of Tactical and special training -faculty of the Rostov Law Institute of the MIA of Russia
IMPROVING THE PRACTICAL SHOOTING SKILLS OF POLICE OFFICERS: THE US EXPERIENCE
The article summarizes the experience of teaching shooting skills to American police officers. Shooting instructor Michael Cavanaugh believes that sports shooting plays an important role in the development of shooting skills. He refutes myths associated with a biased attitude towards such training. S. Stoughton considers cases of illegal use of weapons as a result of instilling fear of a potential criminal. He believes that fire training is not only a training of the body, but also of the brain. At the end of the article, conclusions are drawn based on the materials of publications.
Keywords: firearms, police officers, fire training, shooting skills, training.
Bibliography
1. Active Shooter Training // UCLA. Police Department website. [Electronic resource]. – Access mode: https://police.ucla.edu/active-shooter-training (date of access: 19.04.2024).
2. Campbell B. PPC (Practical Police Course) Shooting // Cheaper than dirt site. [Electronic resource]. – Access mode: https://blog.cheaperthandirt.com/practical-police-course/ (date of publication: 19.03.2020).
3. Cavanaugh M. A. How action shooting sports can help law enforcement // Police1 site. [Electronic resource]. – Access mode: https://www.police1.com/police-products/firearms/training/articles/how-action-shooting-sports-can-help-law-enforcement-o75CdQA3HZPamvj5/ (date of publication: 02/09/2023).
4. Sensiba J. Police Need to Train for Longer Rifle Shots // Police Magazine site. [Electronic resource]. – Access mode: https://www.policemag.com/training/news/15662307/uvalde-police-need-to-train-for-longer-rifle-shots/ (date of publication: 01/18/2024).
5. Stoughton S. How Police Training Contributes to Avoidable Deaths / S. Stoughton // The Atlantic site. [Electronic resource]. – Access mode: https://www.theatlantic.com/national/archive/2014/12/police-gun-shooting-training-ferguson/383681/ (date of publication: 12.12.2014).
6. Kosikovsky A. R., Litvin D. V., Kupavtsev T. S. et al. Practice of using firearms by employees of the internal affairs bodies of the Russian Federation: a teaching aid. – Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2021. – 60 p.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Ex ecution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
SADYKOVA Regina Aidarovna
researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”, captain of the internal service
THE ESSENCE OF THE PSYCHOLOGICAL AND PEDAGOGICAL STUDY OF THE PERSONALITY OF JUVENILE CONVICTS
In this article, the author examines the importance and essence of the psychological and pedagogical study of the personality of juvenile convicts. The article describes the reason why this type of knowledge is important in the process of re-education of convicts, as well as the consequences of the lack of appropriate competencies among educators. In the end, the author came to conclusions about the essential characteristics and importance of the work of educators in the psychological and pedagogical study of their wards.
Keywords: penal enforcement system, educational colony, juvenile convict, education, correction, psychology, pedagogy.
Article bibliography
1. Vetra A. V. 1.5. Psychological characteristics of juvenile convicts and the main directions of their psychological and pedagogical support in places of deprivation of liberty // Deviant behavior of the individual and the group: Collective monograph / Responsible. editor A. Yu. Nagornova. -2021. – P. 52-61.
2. Efimenko A. A. The essence of psychological and pedagogical study of the personality of juvenile convicts // The penitentiary system of Russia in modern conditions of development of society: from the paradigm of punishment to correction and resocialization. – 2022. – P. 38-43.
3. Korosteleva N. A., Shatunova Ya. A., Rubtsov V. V. Psychological and pedagogical support of juvenile convicts prone to sociopathic behavior // Social and psychological problems of the modern family: psychological and pedagogical support and mentoring. – 2023. – P. 189-193.
4. Kirillova T. V. Psychological and pedagogical aspects of the organization of work to prevent recidivism of juvenile convicts // Actual problems of combating crimes and other offenses. – 2021. – No. 21-2. – pp. 91-93.
EDAGOGY AND LAW
KARIMOVA Sevara Salimovna
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch 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 Technical University, branch in Sterlitamak
FILIPPOV Nikita Nikolaevich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
THE MAIN ASPECTS OF THE APPLICATION OF COMMUNICATION IN THE EDUCATIONAL PROCESS
It should be stressed that аn important aspect of pedagogical communication is the using of simple language, which allows students to easily understand the material and assimilate it. The prerequisites for the emergence of the discipline “intercultural communication” are analyzed and the need to develop communication skills for personal and professional growth is considered. The authors emphasized that the main aspects of the application of communication contribute to successful work and improve professional reputation. An important part of the article is the development of intercultural communication skills, the introduction of practical foreign language teaching. Successful intercultural communication is possible under the condition of specific intercultural communication which is developed in the process of communication between students and the teacher. Thus, the development of communication skills is considered, including the ability to listen, to ask questions, to adapt one’s speech to the audience, to respect and to understand the cultural characteristics of other peoples is a prerequisite for successful interaction in an international environment.
Keywords: learning, skills, communication, teacher, student, pupil, intercultural communication.
Article bibliography
1. Grushevitskaya T. G., Popkov V. D., Sadokhin A. P. Fundamentals of Intercultural Communication: Textbook for Universities // Ed. by A. P. Sadokhin. – M.: UNITY-DANA, 2003. < br /> 2. Dorofeeva M. Yu., Latypova E. R. The relevance of intercultural communications for modern society: collection of conference papers // Society, pedagogy, psychology: current research: materials of the All-Russian. scientific-practical. conf. with international participation (Cheboksary, 2021). – Cheboksary: ”Laru-tăru” (“Wednesday”) publishing house ħurě, 2021.
3. Kristofik I. S. Communication and understanding in educational environment: principles of learning // Education and the city: The third mission of the university. Resources for mutual development: Collection of articles based on the results of the Fifth and Sixth annual international symposia. 2022-2023 / Edited by S. N. Vachkova. – Moscow: Limited Liability Company “A-Prior”, 2023. – P. 158-175.
4. Latypova E. R., Rizvanova E. R. From the Basics of the Theory of Intercultural Communication // Experience of Creation and Implementation technological innovations in education: Collection of materials of the International scientific and practical conference, Cheboksary, October 27, 2017 / Editorial board: L. A. Abramova [et al.]. – Cheboksary: Limited Liability Company “Publishing House “Sreda”, 2017. – P. 124-127.
5. Latypova E. R. The essence of intercultural competence // Modern paradigms of linguistic research: methods and approaches: Collection of materials of the International scientific and practical conference, Sterlitamak, November 23-24, 2017 / Editor-in-chief N. V. Matveeva. – Sterlitamak: Sterlitamak branch of the Federal State Budgetary Educational Institution of Higher Education “Bashkir State University”, 2017. – P. 131-134.
6. Latypova E. R., Baibarodova E. V., Gimaletdinova A. A. Communications in professional legal activity // Alley of Science. – 2018. – Vol. 2. No. 3 (19). – P. 530-533.
7. Latypova E. R., Anikina E. N., Osipova A. S. Intercultural communications in professional training of a specialist // Issues of pedagogy. – 2019. – No. 4-2.
8. Latypova E. R., Makarov P. A., Khabibullina A. N. The importance of studying intercultural Communications in the modern world // Issues of pedagogy. – 2019. – No. 3.
9. Chernyshev Yu. V. Communication in the pedagogical process // Social science and social psychology. – 2023. – No. 7-4 (51). – pp. 2-6.
EDAGOGY AND LAW
MOLOKOVA Lada Vladimirovna
senior lecturer of Professorship of advertising and journalism sub-faculty of the Institute of Economics, Management and Law of the Irkutsk National Research Technical University
ASPECTS OF FORMING SOFT SKILLS IN THE PROCESS OF STUDYING THE DISCIPLINE “BASICS OF BUSINESS COMMUNICATION” IN A TECHNICAL UNIVERSITY
The article discusses the importance of soft skills for technical specialists in the modern world, which requires high adaptability and mobility for successful employment and career development. The author analyzes the impact of soft skills on the professional value of specialists, especially focusing on communication skills and effective interaction, which become critical in interpersonal communication and teamwork. Special attention is paid to the development of soft skills in the educational programs of technical universities, where the focus is traditionally on natural sciences and technologies.
Keywords: Soft skills, flexible skills , interpersonal interaction, business communications, universal competencies, professional value, careerprospects, personal development, technical universities, modern employee requirements.
Article bibliography
1. Tsymbalyuk A. E., Vinogradova V. O. Psychological content of soft skills // Yaroslavl Pedagogical Bulletin. – 2019. – No. 6 (111). – P. 120-127.
2. Stolyarova S. A., Logunova O. V., Kovchina N. V. Relevance of soft skills in the professional plan of future specialists in the social sphere // International Research Journal. – 2021. – No. 10 (112). – [Electronic resource]. – Access mode: https://research-journal.org/archive/10-112-2021-october/aktualnost-soft-skills-v-professionalnom-plane-budushhix-specialistov-socialnoj-sfery (date of access: 20.05.2024).
3. Glenn J. L. “New” model of customer service: customer advocate, company representative // Business Education Forum. – 2008. – No. 62 (4). – P. 7-13.
4. Hemby K. V., Krews M. E. Integrating university and college career services programs into the business communications curriculum // Journal of Applied Research in Business Education. – 2005. – No. III (1).
5. Fedorova O. V. Formation of hard skills, soft skills and digital skills in students of the Faculty of Information Technology of the University of Management “TISBI” // OTO. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-hard-skills-soft-skills-i-digital-skills-u-studentov-fakulteta-informatsionnyh-tehnologiy-uvo-universitet-upravleniya-tisbi (date of access: 20.05.2024).
6. Feidl Ch., Bialik M., Trilling B. Four-dimensional education / Trans. P. Luksha. – M .: Skolkovo, 2016. – 212 pp.
7. Dorfman O. V., Chernova O. E. Development of communicative competence of students of technical universities as a strategy for teaching effective communication // Litera. – 2022. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-kommunikativnoy-kompetentsii-studentov-tehnicheskih-vuzov-kak-strategiya-obucheniya-effektivnoy-kommunikatsii (date of access: 05/22/2024).
8. Chanko A. D. Team building in modern organizations: an interdisciplinary synthesis of psychology and management // Bulletin of St. Petersburg University. Management. – 2007. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/komandoobrazovanie-v-sovremennyh-organizatsiyah-mezhdistsiplinarnyy-sintez-psihologii-i-menedzhmenta-1 (date of access: 05/23/2024).
9. Bogdan E. S. Development of soft skills as an important component in the formation of competencies of competitive graduates of engineering fields // Bulletin of Eurasian Science. – 2019. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-soft-skills-kak-vazhnyy-komponent-formirovaniya-kompetentsiy-konkurentosposobnyh-vypusknikov-inzhenernyh-napravleniy (date of access: 05/25/2024).
10. Markova A. A., Yurtaeva L. V. The importance of humanitarian disciplines in a technical university // Reshetnev readings. – 2018. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachimost-gumanitarnyh-distsiplin-v-tehnicheskom-vuze (date of access: 05/25/2024).
11. Khizhnaya A. V., Bystrova N. V., Sharygina E. N. Development of soft skills (“flexible skills”) for a successful career of university graduates // Problems of modern pedagogical education. – 2019. – No. 65-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-soft-skills-gibkih-navykov-dlya-uspeshnoy-kariery-vypusknikov-vuza (date of access: 05/25/2024).
12. Sorokopud Yu. V., Amchislavskaya E. Yu., Yaroslavtseva A. V. Soft skills and their role in the training of modern specialists // MNKO. – 2021. – No. 1 (86). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soft-skills-myagkie-navyki-i-ih-rol-v-podgotovke-sovremennyh-spetsialistov (date of access: 05/25/2024).
13. Volkova A. G. Training a 21st century specialist in “soft skills” // Scientific and practical aspects of the development of the agro-industrial complex: materials of the national scientific conference, Krasnoyarsk, November 12, 2021. Volume Part 2. – Krasnoyarsk: B. i., 2021. – P. 238-241.
14. Beskrovnaya O. V. Specifics of the culture of business communication within the framework of professions of the “Man – Man” type // Gaudeamus. – 2017. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-kultury-delovogo-obscheniya-v-ramkah-professiy-tipa-chelovek-chelovek (date of access: 05/25/2024).
15. Novgorodtseva I. V. Competence-based approach to the formation of communicative competence of students of technical specialties // Siberian pedagogical journal. – 2007. – No. 12. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompetentnostnyy-podhod-k-formirovaniyu-kommunikativnoy-kompetentnosti-studentov-tehnicheskih-spetsialnostey (date of access: 05/25/2024).
PEDAGOGY AND LAW
NIKOLAEV NikolayYurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
KONSTANTINOV Vladimir Nikolaevich
Ph.D. in pedagogical sciences, associate professor of Fire training sub-faculty of the East Siberian Law Institute of the MIA of Russia, Irkutsk
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
THE EFFECTIVENESS OF BINOCULAR AIMING FOR POLICE OFFICERS, AS WELL AS THE METHOD OF ITS DEVELOPMENT
The article considers binocular aiming as the main method of aiming necessary for a police officer, both in the course of official activity and in the training process in fire training classes, as well as highlights the advantages of binocular aiming in relation to monocular . The authors have identified binocular spatial features and proposed an action plan to improve the skill of binoculars, aiming to increase professionalism in the performance of official duties, to ensure the personal safety of an employee of the internal affairs bodies.
Keywords: fire training, firearms, binocular vision, training, binocular and monocular aiming, development methods, visual system, viewing angle.
Article bibliography
1. Konstantinov V.N., Egoshin I.V., Sysoev A.A. Improving the skills of bringing weapons to combat readiness in fire training classes in educational organizations of the Ministry of Internal Affairs of Russia // Police activity. – 2020. – No. 2. – P. 1-16.
2. Afinogenov T. P., Nazarenko B. A., Kravtsov S. V. The influence of binocular and monocular vision, as well as visual acuity on the accuracy of hitting a target when shooting // Izvestiya TULSU. Physical Education. Sports.- 2019. – No. 10. – P. 1-7.
EDAGOGY AND LAW
STAROSTIN Vadim Gennadjevich
senior lecturer of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
KHRUSHCHEV Alexander Viktorovich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, major of police
MUSTAKIMOV Ruslan Maratovich< br /> lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
FEATURES OF THE FORMATION OF PROFESSIONAL COMPETENCIES IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article analyzes the terms “professional competence”, “competence”, and presents the approaches of various authors to understanding the terms under consideration. The authors note that the formation of professional competencies should vary depending on the specific field of training and the profile of the student’s training. The forms and methods of conducting training sessions, as well as the conditions of the educational process, play an important role in the formation of professional competencies.
Keywords: competencies, competence approach , professional competence, skills formation, teaching methods.
Article bibliography
1. Dottuev T. I., Kodzokov A. Kh., Beshtoev R. O. Improving the professional competence of police officers (on the example of physical training teachers in educational organizations of the Ministry of Internal Affairs of Russia) // Journal of Applied Research. – 2021. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-professionalnoy-kompetentnosti-sotrudnikov-politsii-na-primere-prepodavateley-fizicheskoy-podgotovki-v (date of access: 06.05.2024).
2. Kalinin S. V. Development of technology for the formation of professional competencies of police officers of the Ministry of Internal Affairs of Russia // Modern problems of science and education. – 2015. – No. 5. [Electronic resource]. – Access mode: https://science-education.ru/ ru/article/view?id=22186 (date accessed: 06.05.2024).
3. Mardanov D. R. Professional competencies of future officers-employees of the Internal Affairs Directorate in the context of professional police activities // Bulletin of Economic Security. – 2017. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnye-kompetentsii-buduschih-ofitserov-sotrudnikov-ovd-v-kontekste-professionalnoy-deyatelnosti-politsii ( access date: 06.05.2024).
4. Petrov K. N. Physical fitness as one of the professional competencies of a police officer // E-Scio. – 2020. – No. 9 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fizicheskaya-podgotovka-kak-odna-iz-professionalnyh-kompetentsiy-sotrudnika-politsii (date of access: 06.05.2024).
5. Sorvacheva I. D. Professional competencies and competence of a teacher // Problems of modern pedagogical education. – 2022. – No. 74-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnye-kompetentsii-i-kompetentnost-pedagoga (date of access: 06.05.2024).
6. Fain T. A. Research approach – technology of competence-based paradigm in additional professional education // Scientific support for the system of advanced training of personnel. – 2016. – No. 3 (28). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/issledovatelskiy-podhod-tehnologiya-kompetentnostnoy-paradigmy-v-dopolnitelnom-professionalnom-obrazovanii (date of access: 05/06/2024).
PEDAGOGY AND LAW
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SEMENOV Sergey Gennadjevich
Ph.D. in agricultural sciences, associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
STAROSTIN Vadim Gennadjevich
senior lecturer of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
ZINCHENKO Nikolay Nikolaevich
lecturer of Tactical and special training sub-faculty of the Ro stov Law Institute of the MIA of Russia
FORMATION OF UNIVERSAL COMPETENCIES AMONG CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article presents a classification of universal competencies, as well as some of them are considered in detail. In particular, the authors consider the role of developing goal-setting skills, planning and formation of communicative competence. The authors note the most optimal technologies and methods for the development of universal competencies and conclude that the development of universal competencies is important in the future profession of cadets and students of universities of the Ministry of Internal Affairs.
Keywords: goal setting, planning, universal competencies, future police officer, communication skills, competencies.
Article bibliography
1. Arzamasceva N. G., Konstantinova V. V., Arefieva S. A. Universal competencies of students: content and means of their development // Bulletin of the Mari State University. – 2023. – No. 2 (50). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/universalnye-kompetentsii-studentov-soderzhanie-i-sredstva-ih-razvitiya (date of access: 05/28/2024).
2. Zemlyachenko L. V., Taraskina O. I., Lyapina V. A. Specifics of the formation of universal competencies of goal-setting and planning in primary school students // Problems of modern pedagogical education. – 2022. – No. 77-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-formirovaniya-u-mladshih-shkolnikov-universalnyh-kompetentnostey-tselepolaganiya-i-planirovaniya (date of access: 05/28/2024).
3. Kodzokov S. A. Development of the goal-setting competence of a cadet of the University of Internal Troops of the Ministry of Internal Affairs // Theory and practice of social development. – 2014. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-kompetentsii-tselepolaganiya-kursanta-vuza-vnutrennih-voysk-mvd (date of access: 05/28/2024).
4. Mikhanova O. P. Formation of universal competencies: from theory to practice // News of universities. Volga region. Humanities. – 2009. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-universalnyh-kompetentsiy-ot-teorii-k-praktike (date of access: 05/28/2024).
5. Pashentseva K. D., Anufrieva D. A. Communicative competence of police officers as a factor in their success in professional activities // Psychology and pedagogy of service activities. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnaya-kompetentnost-sotrudnikov-politsii-kak-faktor-ih-uspeshnosti-v-professionalnoy-deyatelnosti (date of access: 05/28/2024).
PSYCHOLOGY AND LAW
ALMUKHAMETOVA Gulfiya Gayazovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia
YUSUPOVA Olga Anatoljevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Fire training sub-faculty of the Siberian Law Instituteof the MIA of Russia, Krasnoyarsk
GORLOV Vitaliy Viktorovich
Deputy Head of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
MERKAZOVA Valentina Anatoljevna
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
DEVELOPMENT OF PSYCHOLOGICAL STABILITY OF POLICE OFFICERS
This article examines the factors influencing the development of psychological stability of police officers, as well as analyzes existing methods and techniques for the development of psychological stability. The study identifies effective approaches to the development of psychological stability, including comprehensive and individual approaches. An integrated approach involves the use of various methods and tools, while an individual approach is based on taking into account the individual characteristics of each employee. The results of the study may be useful for the development and implementation of programs for the development of psychological stability in the police.
Keywords: psychological stability, stress resistance, police officer, development of qualities, emotional stability.
Article bibliography
1. Achabaeva L.Kh., Bogatyreva A.S., Dotdueva Zh.B., Bakhina L.A., Adzhigaitarova N.M. Psychological factors influencing personality stability // Scientific notes Lesgaft University. – 2020. – No. 11 (189). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-faktory-okazyvayuschie-vliyanie-na-ustoychivost-lichnosti (date of access: 20.05.2024).
2. Goncharova N. A., Ivanova A. M. Differential psychological analysis of the characteristics of psychological stability of employees of internal affairs bodies // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (93). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/differentsialno-psihologicheskiy-analiz-osobennostey-psihologicheskoy-ustoychivosti-sotrudnikov-organov-vnutrennih-del (date of access: 20.05.2024).
3. Zhiltsova Yu. V. On the issue of psychological stability of cadets // Scientific notes of Lesgaft University. – 2021. – No. 3 (193). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k- voprosu-psihologicheskoy-ustoychivosti-kursantov (date of access: 20.05.2024).
4. Karabash D. V. Improving the psychological stability of employees of internal affairs bodies // Problems of modern pedagogical education. – 2020. – No. 66-1.[Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/povyshenie-psihologicheskoy-ustoychivosti-sotrudnikov-organov-vnutrennih-del (date of access: 20.05.2024).
5. Faustova A. G., Afanasyeva A. E., Vinogradova I. S. Psychological stability and phenomenologically close categories // Personality in a changing world: health, adaptation, development. – 2021. – No. 1 (32). [Electronic resource].- Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-ustoychivost-i-fenomenologicheski-blizkie-kategorii (date of access: 05.20.2024).
PSYCHOLOGY AND LAW
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
MALIKOV Shamil Emilevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
KULAKOVA Anna Augustovna
Deputy Head of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
KORTIKOV Alexey Valerjevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PSYCHOLOGICAL BARRIERS IN COMMUNICATION BETWEEN POLICE OFFICERS AND CITIZENS
This article classifies the psychological barriers that arise in the process of communication between police officers and citizens. The authors analyze the main types of barriers, such as motivational, intellectual, volitional, emotional and others. The results of the study are of interest to specialists in the fields of psychology, criminology and law enforcement, as well as for those who are interested in improving the quality of interaction between law enforcement agencies and society.
Keywords: communication barrier, communication, police officer, psychological barrier, communication.
Article bibliography
1. Basharova O. G., Timokhina A. V. Methods of overcoming communication barriers in business communication // Humanitarian, socio-economic and societysciences. – 2022. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-preodoleniya-kommunikativnyh-barierov-v-delovom-obschenii (date of access: 05/14/2024).
2. Goncharova O. P. Causes of the emergence of socio-psychological barriers to communication // Forum of young scientists. – 2020. – No. 11 (51). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-vozniknoveniya-sotsialno-psihologicheskih-barierov-obscheniya (date of access: 14.05.2024).
3. Gordeeva E. V. Communication barriers and methods of overcoming them // Economy and society. – 2016. – No. 3 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bariery-obscheniya-i-priemy-ih-preodoleniya (date of access: 14.05.2024).
4. Mekhovnikova V. V. Communication barriers and methods of overcoming them // Economy and society. – 2016. – No. 3 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bariery-obscheniya-i-puti-ih-preodoleniya (date accessed: 14.05.2024).
5. Rodin V. F., Balashova V. A. Some problems of professional communication of a district police officer with citizens // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-professionalnogo-obscheniya-uchastkovogo-upolnomochennogo-politsii-s-grazhdanami (date accessed: 14.05.2024).
6. Usmanova E. F. Communication barriers in the activities of law enforcement officers // Humanitarian and political-legal studies. – 2021. – No. 4 (15). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-v-deyatelnosti-sotrudnikov-pravoohranitelnyh-organov (date of access: 05/14/2024).
7. Khadikov R. Sh., Koblov F. Ch. On the role of interpersonal communication in establishing interaction between police officers and citizens // Scientific and methodological electronic journal “Concept”. – 2016. – Vol. 17. – P. 731-735. [Electronic resource]. – Access mode: http://e-koncept.ru/2016/46321.htm.
STATE AND LAW
PEREPECHKINA Elena Gennadjevna
Ph.D. in economical sciences, associate professor of the Russian State Social University
LOSENKOV Oleg Igorevich
Ph.D. in political science, associate professor of the Astrakhan State Technical University
REGIONAL SOCIAL POLICY: PROBLEMS OF FORMATION AND IMPLEMENTATION IN THE RUSSIAN FEDERATION
At the regional level, social policy consists of providing conditions for improving the well-being of the population living in a certain territory, reproducing social guarantees in terms of creating economic incentives for their participation in social production in the same territory. Therefore, measures implemented by regional authorities in the field of social policy should be aimed at solving specific problems social through economic instruments, which is more effective. According to the authors, through the introduction of social cards in the Astrakhan region, the provision of social assistance can be ensured according to such criteria as need and targeting. Budget savings will also have a positive effect. The result should be an increase in the standard of living of the population of the Astrakhan region simultaneously with the implementation of the principle of social justice.
Keywords: state program, social policy, targeting, efficiency.
Article bibliography
1. Brief collection Astrakhan region in figures 2021-2022 [Electronic resource]. – Access mode: https://30.rosstat.gov.ru/storage/mediabank/Краткий%20сборник%20Астрахская%20область%20в%20цифрах%202021-2022гг.pdf (date of access: 30.04.2024).
2. On the forecast of socio-economic development of the Astrakhan region for the medium term until 2025. Ministry of Economic Development of the Astrakhan Region. [Electronic resource]. – Access mode: https://minec.astrobl.ru/docs/document-16g6g-54e0a-6g3-4e4e.
3. Reports. Ministry of Economic Development of the Astrakhan Region [Electronic resource]. – Access mode: https://minec.astrobl.ru/documents/otcyoty (date of access: 04/30/2024).
4. Federal Law of 07/17/1999 N 178-FZ “On State Social Assistance” // SZ RF. – 1999. – N 29. – Art. 3699.
STATE AND LAW
FILIPPOVA Irina Anatoljevna
Ph.D. in sociological sciences, associate professor of Economics and organization of production sub-faculty of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University, Tyumen
LEGAL ASPECTS OF YOUTH PARTICIPATION IN THE WORK OF PUBLIC ASSOCIATIONS
The article discusses the legal aspects of the participation of Tyumen youth in the work of youth public associations. The results of studies conducted by researchers in some Russian regions are analyzed. It is shown that young people are practically not involved in the work of youth organizations. The most popular among young people are events related to the organization of mass social events, as well as the development of sports among young people and the promotion of a healthy lifestyle.
Keywords: values, youth rights, civil society, citizenship, patriotism, public policy, public associations, education system, upbringing.
Bibliographic list
1. Bedrik A. V., Shchukina E. L. State national policy and youth associations in the south of Russia // Caucasian Science Bridge. – 2021. – T. 4. No. 4 (14). – P. 10-16.
2. Bragina D. G., Noev A. I. Youth organizations and associations as institutions of civil society in Yakutia at the turn of the XX-XXI centuries // Theories and problems of political research. – 2022 . – V. 11. No. 2A. – P. 68-77.
3. Dragic O. A., Subbotin V. Ya., Ploskov A. L., Poltavskaya L. R. Professional and Applied Physical Training students of technical universities (study guide) // International Journal of Applied and Fundamental Research. – 2014. – No. 6. – P. 98-99.
4. Leonova O. V., Volkova A. E. State policy of the Russian Federation on the formation of citizenship and patriotism among young people: sociological and political analysis // Srednerusskiy Bulletin of Social Sciences. – 2021. – Vol. 16. No. 1. – P. 175-193.
5. Putin approved the foundations of state policy for the preservation of traditional values. [Electronic resource]. – Access mode: https://www.rbc.ru/politics/09/11/2022/636bbc199a79473f80a317a4 (date of access: 03.05.2024).
6. Sagiev T. A., Fokin A. M., Alyabyev A. N., Subbotin V. Ya. Relevance of strength abilities of biathletes in competitive activities // Bulletin of Tula State University. Physical Education. Sport. – 2020. – No. 10. – P. 156-162.
7. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of sports and mass work with students. Materials of the All-Russian scientific and methodological conference. – 2015. – P. 130-133.
8. Decree of the President of the Russian Federation of 09.11.2022 No. 809 “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_430906/c595db4951fa2b3967c0a1bcc5e5bbf7332e9c38/ (date of access: 03.05.2024).
9. Dragic O. A., Klyushnikova E. A., Subbotin V. Ya., Ozhiganova M. V., Ryabova N. N., Ostrovskaya N. A., Markova N. V., Smirnova I. A., Poltavskaya L. R., Kazantsev S. Ya. Physiological principles of increasing performance and adaptation processes in a university setting: a tutorial. – Tyumen: TIU, 2018. – 182 pp.
POLITICS AND LAW
MIROKIYANTS Kseniya Sergeevna
student in the field of Advertising and Public Relations, training profile “Communications in Politics, business and social Design” of the Ufa State Petroleum Technical University
IZILYAEVA Lyudmila Olegovna
Ph.D. of political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
THE ROLE OF REGIONAL MEDIA IN THE POLITICAL AND COMMUNICATION SYSTEM OF THE REPUBLIC< br /> OF BASHKORTOSTAN (ON THE EXAMPLE OF THE STATE TV AND RADIO BROADCASTING COMPANY
“BASHKORTOSTAN”)
The article analyzes the tools of media influence on the consciousness, opinion and representations of residents of the Republic of Bashkortostan, as well as the role of the State Television and Radio Broadcasting Company “Bashkortostan” in the political and communication system of the region. It has been proven that such features of GTRK Bashkortostan’s activities as the transmission of relevant information, efficiency and feedback have a positive impact on the political and communication system of the Republic of Bashkortostan.
Keywords: mass media, regional mass media, political and communication system, Republic of Bashkortostan.
Article bibliography
1. Gareev E. S., Minakov P. A., Gaysina L. M., Valitova N. E. Theocratic interactions in communities: political and legal analysis // Economics and management: scientific and practical journal. – 2019.
– No. 2 (146). – P . 156-158.
2. GTRK “Bashkortostan”. [Electronic resource]. – Access mode: https://gtrk.tv/o-kompanii (date of access: 24.04.2024).
3. Izilyaeva L. O., Vasiliev Ya. K., Mirokiyants K. S., Yasavieva A. I. Opportunities and risks of using artificial intelligence in the sphere of political relations of the Russian Federation // Economy and management: scientific and practical journal. – 2024. – No. 1. – P. 136-139.
4. Kosareva K. I. Search for new forms of interaction with the media in government bodies // Socio-economic phenomena and processes. – 2019. -V. 14. No. 106. – P. 44-46
5. Ovchinsky A. S., Bondarenko A. V., Lukianov M. Yu. About information in the world of digital data // Eurasian Law Journal. – 2023. – No. 5. – pp. 14-16.
HUMAN RIGHTS
ALEXEEV Georgiy Valerjevich
Ph.D. in Law, associate professor of International maritime law sub-faculty of the St. Petersburg Maritime Technical University
DIGITAL SOVEREIGNTY AND PROTECTION OF HUMAN RIGHTS IN INTERNATIONAL CYBERSPACE
The concept of digital sovereignty in European law reflects a protective approach to the legal regime of the information space and is aimed at solving cybersecurity problems. The current paradigm of international cyberspace is based on human rights and technological leadership. Big data and deep machine learning produce artificial intelligence that is unable to take responsibility for its decisions. Decentralized models of automatic decision-making by robots significantly affect public control, with which the principle of sovereignty is normatively associated. Participant observation and narrative analysis of legal documents show that since creativity determines the quality of cyberspace, the implementation of digital sovereignty is built on the basis of mutual trust and cooperation. Widespread international recognition of digital rights and freedoms of citizens in cyberspace, on its way from the Internet to the Metaverse, is accompanied by the mechanization of law, which leads to increased digital control. Ensuring cybersecurity and combating cybercrime should not lead to situations in which robots are allowed by law to do more than humans. The judiciary in the process of its digital transformation bears the responsibility for maintaining such a balance between personal freedom and public control in which humanistic values and ideals prevail.
Keywords: information security, artificial intelligence, digital rights, Internet, Metaverse, robot, virtual reality, cybercrime.
Article bibliography
1. Avakyan S. A. On the role of constitutional law in the context of new tasks and conceptual solutions for the political future of Russia // Bulletin of Moscow University. Series 11: Law. – 2023. – No. 1. – P. 3-21. – EDN: KDJEEA DOI: 10.55959/MSU0130-0113-11-64-1-1.
2. Alekseev G. V. Expansion of areas of application of information technologies and information security of the state // Management consulting. – 2017. – No. 5 (101). – P. 8-19. – EDN: YRNAPF.
3. Arkhipov V. V., Naumov V. B. On some issues of theoretical foundations for the development of legislation on robotics: aspects of will and legal capacity // Law. – 2017. – No. 5. – P. 157-170. – EDN: YNUESF.
4. Danilenkov A. V. State sovereignty of the Russian Federation in the information and telecommunications network “Internet” // Lex Russica (Russian law). – 2017. – No. 7 (128). – P. 154-165. – EDN: ZGLADJ DOI: 10.17803/1729-5920.2017.128.7.154-165.
5. Zorkin V. D. Providentia or the Law of the Future in the Age of Digitalization // State and Law. – 2020. – No. 6. – P. 7-19. – EDN: RJFHSE DOI: 10.31857/S013207690009932-7.
6. Kartkhia A. A. Metauniverse and its Inhabitants // Intellectual Property Law. – 2023. – No. 1. – P. 16-20. – EDN: UVRAHW DOI: 10.18572/2072-4322-2023-1-16-20.
7. Neznamov A. V., Naumov V. B. Strategy for regulating robotics and cyber-physical systems // Law. – 2018. – No. 2. – P. 69-89. – EDN: TIGDET.
8. Nikodimov I. Yu. Information law and information society: general characteristics of the stages of formation and foundation, regulated public relations // Legal science: history and modernity. – 2016. – No. 2. – P. 88-95. – EDN: WHOWIV.
9. Talapina E. V. Human rights and digital sovereignty // State power and local self-government. – 2020. – No. 6. – P. 10-15. – EDN: RROVHB DOI: 10.18572/1813-1247-2020-6-10-15.
10. Talapina E. V. Law and digitalization: new challenges and prospects // Journal of Russian law. – 2018. – No. 2 (254). – P. 5-17. – EDN: YNJEIF DOI: 10.12737/art_2018_2_1.
11. Chistov R. S., Medvedev S. O. The position of the individual in the modern information society // Russian Humanitarian Journal. – 2023. – Vol. 12. No. 1. – P. 29-45. – EDN: MQJVVT DOI: 10.15643/libartrus-2023.1.3.
12. Shakhnazarov B. A. Territorial principle of intellectual property protection and the effect of state sovereignty in the digital space // Lex Russica (Russian Law). – 2018. – No. 12 (145). – pp. 132-144. – EDN: YRVHSP DOI: 10.17803/1729-5920.2018.145.12.132-144.
13. Danelyan A. A., Gulyaeva E. E. International Legal Aspects of Cybersecurity // Moscow Journal of International Law. – 2020. – No. 1. – P. 44-53. – EDN: GISRWK DOI: 10.24833/0869-0049-2020-1-44-53.
14. Dror-Shpoliansky D., Shany Y. It’s the End of the (Offline) World as We Know It: From Human Rights to Digital Human Rights – A Proposed Typology // European Journal of International Law. – 2021. – Vol. 32. Iss. 4. – R. 1249-1282. – [Electronic resource]. – Access mode: https://doi.org/10.1093/ejil/chab087.
15. Liman A., Weber K. Quantum Computing: Bridging the National Security–Digital Sovereignty Divide // European Journal of Risk Regulation. – 2023. – Vol. 14. Iss. 3. – R. 476-483. DOI:10.1017/err.2023.44.
16. March C., Schieferdecker I. Technological Sovereignty as Ability, Not Autarky // International Studies Review. – 2023. – Vol. 25. Iss. 2. – R. 1-16. – DOI: 10.1093/isr/viad012.
17. Pollicino O. Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism? – Hart Publishing, Oxford, 2021. – DOI: 10.5040/9781509912728.
18. Roberts H., Hine E., Floridi L. Digital Sovereignty, Digital Expansionism, and the Prospects for Global AI Governance. – DOI: 10.1007/978-3-031-41566-1_4.
19. Tridimas T., Gentile G. The Essence of Rights: An Unreliable Boundary? // German Law Journal. – 2019. – Vol. 20. Iss. 6. – R. 794-816. – DOI:10.1017/glj.2019.63.
HUMAN RIGHTS
REVINA Svetlana Nikolaevna
Ph.D. in Law, professor, Head of public law sub-faculty of the Samara State University of Economics
GORBUNOVA Anastasiya Alexeevna
student of the Samara State University of Economics
DVORYANCHIKOV Vladislav Mikhaylovich
postgraduate student of the Samara State University of Economics
A NEW GENERATION OF HUMAN RIGHTS AND THEIR PROTECTION IN THE DIGITAL SPACE
The article examines a new generation of human rights and analyzes the nature of their occurrence, as well as the issue of their protection in a digital society. Special attention is paid to the description of various approaches to the study of digital rights: the most controversial issues and controversial aspects.
Keywords: digital rights, a new generation of human rights , digitalization, national security.
Article bibliography
1. Sungurov A. Yu. Generations of human rights: the main stages of development of the legal idea and legal institution // Institute of the Commissioner on human rights in the constituent entities of the Russian Federation: a textbook / Ed. by A. Yu. Sungurov. – St. Petersburg: Norma, 2023. – P. 151.
2. Lukasheva E. A. “Generations” of human rights / / Human Rights: textbook / Ed. E. A. Lukasheva. – 2nd ed., revised. – M.: Norma, 2019. – 560 p.
3. Abashidze A. Kh., Solntsev A. M. Somatic rights as a challenge // Human rights and challenges of the 21st century: textbook / Ed. A. . H. Abashidze. – M.: RUDN, 2016. – 336 p.
4. Salikov M. S., Nesmeyanova S. E., Mochalov A. N., Kolobaeva N. E., Ivanova K. A. Human rights on the Internet: a collection of monographs. – Ekaterinburg: Publishing house of the UPI UMC, 2019. – 148 p.
5. Talapina E. V. Evolution of human rights in the digital age // Proceedings of the Institute of State and rights of the Russian Academy of Sciences. – 2019. – V. 14. No. 3. – P. 108-133.
6. Ammosov A. O. Formation of Internet censorship in the Russian Federation from 2012 to 2017 // Academy. – 2017. – No. 10 (25). – P. 62–66. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-internet-tsenzury-v-rossiyskoy-federatsii-s-2012-po-2017-gody (date of access: 05/06/2024).
RELIGION AND LAW
NAZMUTDINOV Raykhan Akhatovich
Imam-khatib of the Ak Kaen parish of Nizhnekamsk, Nizhnekamsk district of the Republic of Tatarstan, doctoral student of the Bulgarian Islamic Academy
FATWA SECTION ON THE MAGAZINE: FATWAS OF DIVORSE IN THE 1908 ISSUE
The January of 1908, in Ufa, the Orenburg Mohammedan Spiritual Assembly started publishing the magazine “Maglyumate mahkamai shargyya Yrynburgia” (“News of the Orenburg Mohammedan Spiritual Assembly”). The magazine was published by September of 1917 with a break since 1910 to 1916 years.
The purpose of the magazine was to communicate with imams and religious leaders.
One of the sections of the magazine was “Bab al-fatawa” (“Section of fatwas”), in which questions from readers and answers to them were published. The article is devoted to the study of the fatwas section of the Maglumat magazine for 1908, in particular, the question of divorce in No. 12 and the answers (fatwas) to this question.
Keywords: OMDS, Maglumat, fatwa, talaq, tahlil, divorce.
Article bibliography
1. Abd ar-Rahman ibn Muhammad ibn Sulayman al-Kulaybuli, Majmu’ al-Anhur fi sharhhi multaka al-abhur, tahqiq Muhammad ibn Ahmad al-Mukhtar, Dar al-Kutub al-‘Ilmiya. – Beirut, 2016.
2. Abdrafikova G.Kh. Arabic-language periodicals and the journal “Maglyumat” // Russia and the East: interaction of countries and peoples: tr. All-Russian Congress of Orientalists, dedicated to the 125th anniversary of the birth of the outstanding orientalist Akhmet-Zaki Validi Togan. Book. 2. – Ufa: IYaL USC RAS, 2015. – P. 240–241.
3. Abdrafikova G. Kh., Igdavletov I. S., Salikhov A. G. Institute of History, Language and Literature, Ufa Federal Research Center of the Russian Academy of Sciences, Ufa, Russian Federation, Source Studies Aspects of the History of Islam in Russia on the Pages of the Maglyumat Magazine. 1908–1917.
4. Azamatova G. B. The Maglyumat Magazine – the Printed Heritage of the Orenburg Muftiate (1908–1917) // National Cultural Heritage of Russia: Regional Aspect. Proceedings of the VII All-Russian Scientific and Practical Conference: in 2 parts. Volume Part I. Edited by S. V. Solovieva. – Samara: Publisher: Samara State Institute of Culture, 2019.
5. Marjani Sh. Mustafadel-akhbar.
6. Minnulin R.Kh. “Mәgʼlүmate Mahkәmәi Shargyya Orenburg” magazines // Gasyrlar avazy = Echo of centuries 2000. – No. 3/4. – pp. 227-235.
7. Fakhretdin R. “Asar”. Volumes 3 and 4, Ruhiyat. – Kazan, 2010. – pp. 376-378.
8. Fatawa al-Bazzaziya, Dar al-fiqr, 2010.
9. Shams ad-Din Muhammad al-Khurasani al-Kuhustani, Jamig ar-Rumuz. – Calcutta, 1858.
10. Maglumat. – 1908. – No. 2.
11. Maglumat. – 1908. – No. 9.
12. Maglumat. – 1908. – No. 12.
13. Maglumat. – 1908. – No. 15.
14. Maglumat. – 1908. – No. 16.
15. Maglumat. – 1908. – No. 18.
16. Maglumat. – 1908. – No. 19.
ECONOMY. RIGHT. SOCIETY
VOLOV Murat Anatoljevich
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
GERGOVA Zalina Husenovna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
BOLOTOKA Bela Vitaljevna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
KALABEKOVA Leila Ibragimovna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
FEATURES OF THE IMPLEMENTATION OF THE GREEN ECONOMY CONCEPT IN ASIAN COUNTRIES AND THE COUNTRIES OF THE MIDDLE EAST
In modern conditions of active development of new technologies, the economy is also changing, becoming more and more innovative. One of the current areas of economic development, especially in developed countries, is the creation of a green economy. For the Russian economy, this phenomenon is relatively new and, accordingly, does not have an economic, regulatory, or technological foundation. The creation and development of a green economy should be based on the experience of other countries. Thus, this article examines the experience of Asian countries (using the example of China) and the countries of the Middle East (using the example of the United Arab Emirates). Studying the experience of these countries is important, since the UAE is one of the first states to identify at the highest level of government the need to build and develop a green economy. China occupies a leading position, which is explained by the desire to overcome the environmental crisis in the country. The need to transition to a green economy is driven by global environmental problems. However, not all countries have the appropriate economic, human and technical resources that are necessary to create a green economy. This in turn contributes to the uneven concentration of green technologies and products in the world. As a result, the environmental situation in countries develops differently. It is necessary to develop mutual cooperation in the development of green technologies and the production of green products.
Keywords: green economy, innovation, technology, environment, ecology, energy resources, green building, pollution, resources, investment.
Article bibliography
1. Steblyanskaya A., Ai M., Bocharnikov V., Denisov A. Green economy strategies in China // Foresight. 2021. Vol. 15. No. 1. P. 74-85.
2. Filonik A. O. Green economy – a new challengeTo the Arab East // Eastern Analytics. 2018. No. 1. Pp. 39-47.
3. Alekseeva A. N., Achba L. V., Ostrovskaya N. V. Experience in implementing regional concepts for the development of a circular “green” economy in countries of the world // Management Consulting. 2022. No. 12. Pp. 32-41.
4. Vilisov M. V. Myths and reality of the “green” economy // Economic and social problems of Russia. 2022. No. 1. Pp. 14-25.
5. Kodaneva S. I. Green economy: from understanding the content of the concept to the practice of its implementation (experience of Russia and foreign countries). Moscow: Ruscience, 2020. 144 pp.
ECONOMY. RIGHT. SOCIETY
EFIMOVA Gulsiya Maratovna
senior lecturer of Integrated engineering and computer graphics sub-faculty of the Ufa State Petroleum Technical University
BAKIEVA Glusa Rafaelovna
Ph.D. in economic sciences, associate professor of the Ufa University of Science and Technology
EMPLOYMENT IN THE GLOBAL ENERGY SECTOR
The transition to clean energy and efforts to decarbonize energy are the prevailing trend changing global energy employment. Countries, which now account for more than 70% of global emissions, have committed to achieving zero emission targets by the middle of the century, which will create millions of new jobs in the field of clean energy worldwide. Therefore, the main focus of this work is on the study of employment issues in the global energy sector, as well as the analysis of changing trends in this sector.
Keywords: employment, energy, education, innovation, economic growth.
Bibliographic list
1. Human capital in the realities of our time // Economics and Entrepreneurship. – 2023. – No. 12 (161). – pp. 585-588. – DOI 10.34925/EIP.2023.161.12.115. – EDN ASCZOM
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3. Vassilyeva Y. P., Karachurina G. G., Gaisina A. V., Fazrakhmanov I. I. Digitalization of the Oil and Gas Complex as a Key Parameter of Innovative Processes // Business 4.0 as a Subject of the Digital Economy. – Cham: Springer, 2022. – P. 1093-1097. – DOI 10.1007/978-3-030-90324-4_181. (Scopus)
4. Karachurina G. G., Vassilyeva Y. P., Gaisina A. V., Khisamutdinov I. A., Mantserova T. F. World Nuclear Power in the Context of Sustainable Development // Geo-Economy of the Future: Sustainable Agriculture and Alternative Energy: Volume II. – 2022. – No. 2. – P. 265-275. (Scopus)
5. Gaysina AV, Kharisova AZ, Apokina KV Ergonomic indicators of the workplace as factors influencing human capital in the context of digitalization // Bulletin of USPTU. Science, education, economics. Series: Economics. – 2022. – No. 1 (39). – P. 30-34.
6. Bakieva GR, Bakirov IR, Banova AV, Gaysina AV Transformation of personnel issues as a high-quality tool for improving business efficiency // Applied economic research. – 2023. – No. S2. – P. 178-186.
7. Bakieva G. R. Specifics of Business Model Analysis in the Digital Economy // Economy and Entrepreneurship. – 2022. – No. 6 (143). – P. 1358-1361.
ECONOMY. LAW. SOCIETY
KOKURIN Dmitriy Ivanovich
Ph.D. in economical sciences, professor of Economics and management sub-faculty of the Moscow International University
NOVAKOVA Sofya Yurjevna
Ph.D. in economical sciences, doctoral student of the I. S. Turgenev Orel State University
ANALYSIS OF THE POSSIBILITIES OF ENSURING INNOVATION-ORIENTED ECONOMIC GROWTH IN THE RUSSIAN FEDERATION ON THE BASIS OF EXISTING FIXED ASSETS
The article examines the dynamics of the availability and condition of fixed assets of the Russian Federation in 2013- 2022, while fixed assets are considered as a base for ensuring innovation-oriented economic growth. It was found that despite the growing cost of fixed assets, the coefficient of renewal of fixed assets has significantly decreased, both in the whole country and in most regions of the Central Federal District.
Keywords: economic growth, innovation-oriented economic growth, fixed assets.
Article bibliography
1. The concept of technological development for the period up to 2030 (approved by the Order of the Government of the Russian Federation of 20.05.203 No. 1315-r). [Electronic resource. – Access mode: http://government.ru/news/48570/
2. Decree of the President of the Russian Federation No. 309 of 07.05.2024 “On the national development goals of the Russian Federation for the period up to 2030 and for the period up to 2036.” [Electronic resource. – Access mode: http://publication.pravo.gov.ru/document/0001202405070015?ysclid=lwd3phah3y789886771
3. Explanatory dictionary of statistical terms. Fundamentalsfunds. [Electronic resource. – Access mode: https://43.rosstat.gov.ru/storage/mediabank/glossary+Fondy[1].pdf.
ECONOMY. LAW. SOCIETY
SAYAPIN Alexey Viktorovich
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
NUTSALOVA Maryam Abubakarovna
postgraduate student of the G. R. Derzhavin Tambov State University
ON THE ISSUE OF STRATEGIC PRIORITIES OF REGIONAL MANAGEMENT
The article presents the main theses of the study of the problem of developing strategic priorities for the management of an agricultural and industrial region of a peripheral type. Based on a systematic approach, we propose our own interpretation of strategic priorities as strategic alternatives within the framework of suboptimal strategies for the socio-economic development of the region. Strategic priorities in the fields of production and demography of the studied region have been identified.
Keywords: strategizing the socio-economic development of the region, personnel security of the region, settlement structure, unstable employment, “salary revolution”.
Article bibliography
1. Savkina R. V. National projects in the system of measures to achieve the goals of effective economic development // Innovations and investments. – 2020. – No. 4. – P. 287-293.
2. Law of the Tambov Region of May 30, 2018 No. 246-Z “On the strategy of socio-economic development of the Tambov Region until 2035”. [Electronic resource]. – Access mode: https://www.tambov.gov.ru/strategiya-socialno-ekonomicheskogo-razvitiya-tambovskoj-oblasti-do-2035-goda.html.
3. Danilov R. S., Kartysheva R. S. National projects as a mechanism for solving the problem of disproportions in regional development // Russian Economic Bulletin. – 2020. – No. 3. – P. 156-160.
4. Russian labor market: trends, institutions, structural changes. Report of the Center for Labor Research (CLR) and the Laboratory for Labor Market Research (LIMR) of the National Research University Higher School of Economics / Ed. V. Gimpelson, R. Kapelyushnikov, S. Roshchin. – M., 2017. [Electronic resource]. – Access mode: https://www.hse.ru/mirror/pubs/share/218427624.
5. Bobkov V. N. Theoretical and methodological approaches to resolving contradictions between national goals and national projects // Proceedings of the VEO of Russia. – 2019. – No. 3. – P. 77-99.
6. Sayapin A. V. On the motives of shadow employment // Global problems of modernization of the national economy. Proceedings of the X International scientific and practical conference. Responsible. editor A. A. Burmistrova [et al.]. – Tambov, 2021. – P. 142-147.
7. Glatskikh O. V. Development algorithm: national projects in the Russian Federation as a factor in productive social changes and overcoming institutional deficits // Central Russian Bulletin of Social Sciences. – 2020. – No. 2. – P. 51-165.
8. Strategy for spatial development of the Russian Federation for the period up to 2025. [Electronic resource]. – Access mode: http://static.government.ru/media/files/UVAlqUtT08o60RktoOXl22JjAe7irNxc.pdf.
ECONOMY. LAW. SOCIETY
SERYOZHKIN Alexander Alexandrovich
magister student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University, Chief Specialist in working with warehouses of the Messoyakha CPU, Tyumen Branch of GAZPROMNEFT-SUPPLY LLC
DIGITAL SOLUTIONS FOR THE OIL AND GAS FIELDS PROCUREMENT IN THE FAR NORTH
The article is dedicated to the study of digital solutions in the procurement and organization of warehousing in the oil and gas fields of the Far North region. The relevance of the study is due to the rapid growth of digitalization of logistics production processes, the unique products of which compete and modify existing approaches to solving complex logistics problems in hard-to-reach areas of oil and gas fields in the Far North region.
Keywords: warehouse logistics, digitalization, logistics, warehouse, oil and gas field.
Article bibliography
1. Volgin V. V. Warehouse: logistics, management, analysis. – 10th ed., revised and enlarged. – Moscow: Publishing and Trading Corporation “Dashkov and Co.”, 2009.
2. Gadzhinsky A. M. Practical training in logistics. – 2nd ed., revised and enlarged. – M.: Publishing and Book Trading Center “Marketing”, 2001.
3. Afonin A. M. Industrial logistics: a tutorial. – M.: Forum, 2013.
4. Volgin V. V. Storekeeper: Warehouse arrangement. Warehouse operations. Managementwarehouse. Regulatory documents. – 3rd ed., revised and enlarged. – M.: Os-89, 2005.
5. Volgin V. V. Logistics of acceptance and shipment of goods: a practical guide. – M.: Dashkov i K, 2009.
6. Alesinskaya T. V. Fundamentals of logistics. General issues of logistics management. – Taganrog: Publishing house of TRTU, 2004.
ECONOMY. LAW. SOCIETY
TARAN Alexander Nikolaevich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
TARAN Kirill Alexandrovich
cadet of the V. Ya. Kikot Moscow University of the MIA of Russia
MUDARISOV Rinat Radikovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROSPECTS FOR THE DEVELOPMENT OF ECONOMIC ENTITIES OF RUSSIA IN THE CONTEXT OF MAINTAINING THE ANTI-RUSSIAN SANCTIONS POLICY AND RETALIATORY ECONOMIC MEASURES OF THE RUSSIAN FEDERATION
In the article, the author analyzes the market situation in the context of anti-Russian sanctions. To assess changes in the state of economic entities in 2022, the information and analytical material obtained during the HSE survey was studied. The dynamics of economic indicators and parameters for the main industries has been built. Based on the conducted research, a forward-looking opinion is given on the prospects for the development of economic entities of the Russian Federation.
Keywords: sanctions, inflation, price expectations, capacity utilization, business confidence index.
Article bibliography
1. Pankov V. V., Kazakova N. A. Economic analysis – M.: Magistr, 2022. – 624 p.
2. Ostapkovich G. V., Lipkind T. M., Lola I. S. Business climate in industry in August 2022 – M.: HSE, 2022. – 20 p.
3. Modern structure of international private law. [Electronic resource]. – Access mode: https://www.cbr.ru/analytics/dkp/inflationary_expectations/Infl_exp_22-06/ (date of access: 23.01.2024).
4. Taran K. A., Taran A. N. Problems of digital transformation of individual entrepreneurship in modern times // Digital transformation as a vector of sustainable development: Proceedings of the IV All-Russian scientific and practical conference, Kazan, December 09, 2021. – Kazan: Publishing house “Poznanie”, 2021. – Pp. 233-236. – EDN BVUEJC.
ECONOMY. LAW. SOCIETY
BIGLOVA Alfiya Anvarovna
Ph.D. in economic sciences, senior researcher Institute of Socio-Economic Research, Ufa Scientific Center of the Russian Academy of Sciences, associate professor of the Ufa University of Science and Technology
TRENDS IN INTERREGIONAL ECONOMIC INTERACTION IN THE REPUBLIC OF BASHKORTOSTAN
The article examines the problems of economic development and interregional interaction of the Republic of Bashkortostan. The author’s conclusions are based on normative and methodological sources, data from official government websites of the Russian Federation, specialized literature, periodicals in the field of territorial development, as well as statistical data. The objectives of the study are: analysis of indicators of economic development of the region, identification of mechanisms of interregional interaction. The following methods were used during the study: analysis of scientific sources, statistical analysis describing the dynamics of regional development.
It is concluded that the sustainable development of the region is largely influenced by the expansion of economic ties for the mutual exchange of goods, including those not produced in the region. The Republic is one of the leading regions and makes an important contribution to the development of the country’s economy, but the intensification and expansion of interregional cooperation will contribute to the emergence of new production sites and accelerate the modernization of existing industries. The resulting effect will stimulate the development of industries oriented towards domestic demand.
Keywords: region, territorial development, interregional interaction, regional development, priority development areas, open economic zones, socio-economic development.
Пристатейный библиографический список
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2. Gataullin R. F. The main factors in the development of interregional and inter-municipal interactions at the current stage of spatial development // Bulletin of Udmurt University. Series: Economy and Law. 2022.v. 32. No. 3. P. 425-431.
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4. Ataeva A. G., Ulyaeva A. G. Interterritorial interaction in strategic planning documents (based on the materials of the regions of the Volga Federal District) // Bulletin of PNIPU. Social and Economic Sciences. 2023. No. 1. P. 176-191.
5. Rubtsov G. G., Litvinenko A. N. The role of interregional cooperation in the system of modern regional economy of Russia // Scientific and technical statements of the St. Petersburg State Polytechnical University. Economic sciences. 2019. Vol. 12. No. 1. Pp. 97-110.
6. Kurushina E. V., Petrov M. B. Success criteria for spatial development projects based on interregional integration // Economy of the region. 2018. Vol. 14. No. 1. Pp. 176-189.
7. Bikmetov E. Yu., Kuznetsova E. V., Ruvenny I. Ya. Regional aspect of territorial marketing (on the example of the Republic of Bashkortostan) // Bulletin of Perm National Research Polytechnic University. Social and Economic Sciences. 2023. No. 1. Pp. 209-224.
8. Biglova A. A. Features and problems of development of territories with a special legal regime under sanctions // Economy and Management: scientific and practical journal. 2023. No. 6. P. 44-50.
9. Biglova A. A. Study of the potential of the Republic of Bashkortostan for the development of interregional interaction. Science of Krasnoyarsk. 2023. No. 12 (4). P. 33-44.
10. Yakovenko N. V., Komov I. V., Didenko O. V. Strategic planning as a tool for managing territorial development: theoretical aspects // Management of socio-economic systems. Theory, methodology, practice. Monograph. Penza: Science and education, 2017. P. 62-74.
11. Ministry of Foreign Economic Relations and Congress Activities of the Republic of Bashkortostan. Report on the progress and assessment of the effectiveness of the implementation of the state program “Development of foreign economic relations, international and interregional cooperation of the Republic of Bashkortostan”. [Electronic resource]. – Access mode: https://foreign.bashkortostan.ru/documents/reports/341383/.
12. Regions of Russia: social and economic indicators. Federal State Statistics Service, 2023. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/region_pokaz_2023.pdf.
13. Real-time analytical service. [Electronic resource]. – Access mode: https://m.realnoevremya.ru/articles/271911-reyting-regionov-rossii-po-ekonomicheskogo-razvitiyu-v-2022-godu.
14. Federal State Statistics Service. Social and economic indicators of the regions of Russia. official publication 2021-2023. [Electronic resource]. – Access mode: https://rosstat.gov.ru/storage/mediabank/region_pokaz_2023.pdf (date of access: 09.03.24).
15. Ministry of Economic Development and Investment Policy of the Republic of Bashkortostan. Report on the implementation of the state program Economic and Investment Development of the Republic of Bashkortostan. [Electronic resource]. – Access mode: https://economy.bashkortostan.ru/
16. Association of Clusters, Technology Parks and SEZs of Russia. [Electronic resource]. – Access mode: https://www.akitrf.ru/.
17. Association of Clusters of the Republic of Bashkortostan. [Electronic resource]. – Access mode: http://ak-rb.ru/.
18. Mirzoev R. S. Interregional interactions in the Russian economic space // Bulletin of the Volgograd State University. Series 3: Economy. Ecology. 2011. No. 1 (18). P. 96-101.
19. Territorial settlement and structural transformation of the regional economy (conceptual foundations of analysis and modeling): collective monograph / Ed. by prof. Gainanov D. A. Ufa: ISEI Ufa Federal Research Center of the Russian Academy of Sciences, 2022. 184 p.
ECONOMY. LAW. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Social and cultural activities and pedagogy sub-faculty of the Orel State Institute of Culture
PHASES AND CONDITIONS OF FORMATION OF THE COMMERCIAL SECTOR IN THE CULTURAL SPHERE
The formation of the commercial sector in our country took place gradually, in several stages, each of which has its own peculiarities and essential characteristics. And if in the Soviet period the share of private business in the cultural sphere was near to zero, today it is a dynamically developing sector, flexibly and quickly responding to the changes in the external environment and the emergence of new technologies. The speed of development of the commercial sector is determined by a set of institutional conditions and factors that set its framework and limitations.
Keywords: cultural sphere, commercial sector, transformation, cultural and creative industries, creative cluster, institutional conditions.
Article bibliography
1. Gribkov D. N., Svergunova N. M. The Impact of the Transformation of Library Specialists’ Competencies on the Adaptation of Higher Library and Information Education Programs to the Requirements of the Digital Economy // Education and Cultural Space. – 2022. – No. 4. – P. 113-129.
2. Matveev V. V., Annenkova A. A., Gribkov D. N. Using Augmented Reality Technology in Training Library and Information Specialists // Scientific and Methodological Electronic Journal “Concept”. – 2022. – No. 7. – P. 15-29. – DOI 10.24412/2304-120X-2022-11051
3. Mokeeva E. Yu. The system of training personnel for the social sphere within the framework of the implementation of national projects // Education and cultural space. – 2021. – No. 3. – P. 80-87. – DOI 10.53722/27132803_2021_3_80.
4. Rudnik B. L. Transformation of economic mechanisms in the cultural sphere: consistent development or movement in a circle? // Issues of public and municipal administration. – 2015. – No. 3. – P. 83-102.
5. Solovieva I. A. Clustering of the creative economy / I. A. Solovieva // Scientific and practice-oriented support for socio-cultural activities in the context of the development of creative industries. – Orel: Oryol State Institute of Culture, 2023. – P. 78-94.
6. Solovieva I. A. Institutional features of the formation of the commercial sector in the socio-cultural sphere // Problems of development of modern society: collection of scientific articles of the 4th All-Russian scientific and practical conference, Kursk, January 24-25, 2019 / South-West State University. – Kursk: South-West State University, 2019. – P. 275-279.
ECONOMY. LAW. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economical sciences, professor of the N. E. Bauman Moscow State Technical University
KOLMAKOV Alexey Nikolaevich
Ph.D. in economical sciences, professor of the All-Russian Scientific Research Institute of Fisheries and Oceanography, Moscow
SOBKO Andrey Alexandrovich
magister student of the N. E. Bauman Moscow State Technical University
GLINKINA Elina Maximovna
magister student of the N. E. Bauman Moscow State Technical University
CRITICAL ANALYSIS OF TECHNIQUES FOR THE USE OF DIGITAL TWINS AND MACHINE LEARNING IN ORDER TO OPTIMIZE PRODUCTION PROCESSES
The purpose of the research is to analyze, substantiate and select the optimal methodology for the introduction of digital twins and machinery technologies into production processes.
The advantages and disadvantages of using digital technologies in various aspects of production processes are revealed. A comparative analysis of the methods of using digital twins and machine learning is carried out. The new results of the introduction of digital twins and machine learning in production processes for the period from 2022 to 2024 are systematized. The simulation of solving production problems using a digital twin and machine learning has been performed.
Keywords: digital twin, methodology, machine learning, production processes.
Article bibliography
1. Minakova I.V., Tuboltseva A.S. Hyperautomation of business processes of modern companies: advantages and disadvantages // Actual issues of sustainable development of the state, society and economy: collection of scientific articles of the 2nd All-Russian scientific and practical conference, Kursk, November 02-03, 2023. – Kursk, 2023. – P. 261-265.
2. Nikitina M. A. Smart technologies in the food industry // Modern problems of automation of technological processes and production: collection of scientific reports of the scientific and practical conference with international participation dedicated to the 100th anniversary of the birth of I.K. Petrov, Moscow, October 11, 2023. – Kursk: ZAO “Universitetskaya kniga”, 2023. – P. 273-278.
3. Baeva A. V. Epistemic challenges of AI, Big Data and Megascience: what is the future of scientific objectivity in the new digital reality // Science and Technology: Questions of History and Theory: Proceedings of the XLIV International Annual Scientific Conference of the St. Petersburg Branch of the Russian National Committee on the History and Philosophy of Science and Technology of the Russian Academy of Sciences, St. Petersburg, October 23-27, 2023. – Saint Petersburg: OOO “Izdatelstvo Skifiya-print”, 2023. – P. 306-308.
4. Kazakov O. D., Azarenko N. Yu., Lysenko A. N. Digital reengineering of business process models based on their quality metrics // Economy. Informatics. – 2023. – No. 50 (4). – P. 781-791. [Electronic resource]. – Access mode: https://doi.org/10.52575/2712-746X-2023-50-4-781-791.
5. Z. Lv, J. Guo and H. Lv. “Safety Poka Yoke in Zero-Defect Manufacturing Based on Digital Twins” in IEEE Transactions on Industrial Informatics, vol. 19, no. 2, pp. 1176-1184, Feb. 2023, doi: 10.1109/TII.2021.3139897. [Electronic resource]. – Access mode: https://ieeexplore.ieee.org/document/9669046.
6. D. Allison, P. Smith and K. McLaughlin “Digital Twin-Enhanced Methodology for Training Edge-Based Models for Cyber Security Applications”, 2022 IEEE 20th International Conference on Industrial Informatics (INDIN), Perth, Australia, 2022, pp. 226-232, doi: 10.1109/INDIN51773.2022.9976095. [Electronic resource]. – Access mode: https://ieeexplore.ieee.org/document/9976095.
7. Yakhni M. F., Hosni H., Cauet S., Sakout A., Etien E., Rambault L., Assoum H. , El-Gohary M. Design of a Digital Twin for an Industrial Vacuum Process: A Predictive Maintenance Approach. Machines 2022, 10, 686. [Electronic resource]. – Access mode: https://doi.org/10.3390/machines10080686.
8. Dong Y.; Chen Q.; Ding W.; Shao N.; Chen G.; Li G. State Evaluation and Fault Prediction of Protection System Equipment Based on Digital Twin Technology. Appl. Sci. 2022, 12, 7539. [Electronic resource]. – Access mode: https://doi.org/10.3390/app12157539.
9. W. Sun, N. Xu, L. Wang, H. Zhang and Y. Zhang “Dynamic Digital Twin and Federated Learning With Incentives for Air-Ground Networks,” in IEEE Transactions on Network Science and Engineering, vol. 9, no. 1, pp. 321-333, 1 Jan.-Feb. 2022, doi: 10.1109/TNSE.2020.3048137.
10. X. Li et al. “Scientific Machine Learning Enables Multiphysics Digital Twins of Large-Scale Electronic Chips,” in IEEE Transactions on Microwave Theory and Techniques, vol. 70, no. 12, pp. 5305-5318, Dec. 2022, doi: 10.1109/TMTT.2022.3208917.
11. J. Huang, T. Li, W. Song and Z. Zheng “Research on Bearing Digital Twin Modeling and Residual Life Predictive Simulation Based on Deep Learning” 2022 IEEE 5th International Conference on Electronics Technology (ICET), Chengdu, China, 2022, pp. 553-557, doi: 10.1109/ICET55676.2022.9824825.
ECONOMICS. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems 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
IDENTIFICATION OF TRANSPORT INFRASTRUCTURE LINKS BY LEVEL OF ADAPTABILITY TO INTERNATIONALIZATION
The article examines the internationalization of transport infrastructure of international importance. The varying degrees of adaptability of transport infrastructure to internationalization are due to regional discrepancies in transport development and uneven spatial development of the territory. The essence and role of adaptability of transport infrastructure links to the changing conditions of internationalization is revealed; a coefficient and model of adaptability, parameterization of the model, and a scheme for identifying transport infrastructure links according to the level of adaptability to internationalization are proposed.
Keywords: internationalization, international transport infrastructure, adaptability, objective function, model.
Article bibliography
1. Reznik L. G. Index of severity of operating conditions of machines // News of higher educational institutions. Oil and Gas. – 2000. – No. 1. – P. 112-115.
2. Reznik L. G. Scientific Foundations of Adaptation of Automobiles to Operating Conditions: diss. … Doctor of Engineering Sciences. – Tyumen , 1981. – 355 p.
3. Reznik L. G., Romalis G. M., Charkov S. T. Efficiency of using cars in different operating conditions. – M.: Transport, 1989. – 128 p.
4. Savchenko E. E. Theoretical and methodological approaches to the study of system-forming infrastructure at the stage of transformation of the economic space of the region: diss. … Doctor of Economics: 08.00.05 . – Irkutsk, 2016. – 363 p.
5. Sokolov B. V., Mirotin L. B., Nekrasov A. G. Development and implementation of the methodology and techniques of joint multi-criteria synthesis and adaptive management of the creation, application and development functionally stable integrated transport, logistics and information systems of the new generation // Transport Bulletin. – 2011. – No. 6. – P. 25-30.
6. Chumlyakov K. S. Methodological approach to the development of international transport infrastructure in the context of internationalization of world economic relations // Development of territorial socio-economic systems: issues of theory and practice . Proceedings of the XVII International Scientific and Practical Conference of Young Scientists. General editorship of Lavrikova Yu. G., 2020. – P. 204-207.
7. Chumlyakov K. S. Adaptability as a generalizing category of internationalization of transport infrastructure // Transport and transport and technological systems: Proceedings of the International Scientific and Technical Conference, Tyumen, April 13-14, 2023 / Editor-in-Chief P.V. Evtin. – Tyumen: Tyumen Industrial University, 2023. – Pp. 388-391.
8. Chumlyakov K.S., Chumlyakova D.V. Internationalization of Transport Infrastructure: Contents of the Concept and Directions // Eurasian Law Journal. – 2021. – No. 12 (163). – Pp. 518-520. DOI 10.46320/2073-4506-2021-12-163-518-520.
ECONOMY. RIGHT. SOCIETY
WANG Yiping
masters of the Higher School of Modern Social Sciences of the M. V. Lomonosov Moscow State University
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, Kemerovo; professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
INNOVATIONS IN HUMAN RESOURCE MANAGEMENT OF ENTERPRISES IN THE CONTEXT OF DIGITALIZATION
Innovation in human resource management is, first of all, the creation of an effective digital environment for human resource management, which largely determines the effectiveness of digitalization of the national economy. The object of research is the digital economy. The subject of the research is human resources in the digital environment. The purpose of the study is to consider the nature and content of innovations in human resource management of enterprises in the context of digitalization. In the context of globalization and high competition, quick and effective management decisions are required in all areas of activity, including productivity and compensation management. The use of digital technologies in this area allows for more accurate and objective salary calculations, taking into account market data and requirements for the professional competencies of personnel.
Keywords: digital environment, personnel management, software package, service sector, digital economy.
Article bibliography
1. Dimetrenko S. A. The impact of the digital economy on labor productivity // Current issues modern economic science: Proceedings of the XIII International Scientific Conference, Astrakhan, April 21, 2023 / Authors: E. O. Vostrikova, I. V. Chertina. – Astrakhan: Federal State Budgetary Educational Institution of Higher Education “Astrakhan State University named after V.N. Tatishcheva”, 2023. – P. 12-14. – EDN AXAADY.
2. Mugaeva E. V. Digital transformation of human resource management technologies // Bulletin of the Academy of Knowledge. – 2022. – No. 51 (4). – P. 200-204. – EDN JEPYWD.
3. Inozemtseva S. A. Technologies of digital transformation in Russia // Actual problems of economics, sociology and law. – 2018. – No. 1. – P. 44-47. – EDN UUYXFX.
PHILOSOPHY. LAW. SOCIETY
BREDIKHIN Anton Viktorovich
Ph .D. in historical sciences, leading researcher of the Institute of China and Modern Asia of the Russian Academy of Sciences
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
LUSTIN Yuriy Mikhaylovich
Ph .D. in philosophical sciences, associate professor, associate professor of Philosophy sub-faculty of the Mikhail Tugan-Baranovsky Donetsk National University of Economics and Trade
TOWARDS THE DEFINITION OF THE CONCEPT OF “REGIONAL COMMUNITY” IN THE CONTEXT OF MODERN SOCIO-CULTURAL TRANSFORMATIONS
This article examines the form of regional communities as an example of the implementation of the trends of regionalism in response to the movement of globalism. The authors present various approaches to the definition of the concept of “regional community”, its characteristics are given, examples of manifestations of regional patriotism and the work of community organizations are presented. As a result of the study, the characteristics of regional communities in the context of modern challenges are given.
Keywords: Cossacks, small homeland, patriotism, regionalism, regional community
Article bibliographic list
1. Boronoev A. O. The concept of a small homeland: definition and content // Society. Social. Development. – 2020. – No. 3. – P . 60-66.
2. Bredikhin A. V. Cossack Don: between Ukraine and Russia. – M.: IIU MGOU, 2017. – 124 p.
3. Gapich A. E. Differentiation of social structures of the regional community of Stavropol Krai // Theory and practice of social development. – 2007. – № 2.
4. Dokuchaev D. S. Regional identity of the Russian person in modern conditions: socio-philosophical analysis. Diss. … Cand. Philosophical Sciences. – 2011. – 181 p.
5. Motalov Yu. G. Regional community and ethnic migrants: socio-philosophical analysis of the relationship of needs. Diss. … Cand. Philosophical Sciences. – 2013. – 158 p.
PHILOSOPHY. LAW. SOCIETY
ZUBKOVSergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
SHAKHOVA Katerina Olegovna
student of the bachelor’s degree in religious studies of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State University
ECOPHILIC PHILOSOPHY AND AESTHETICS OF INDIAN DESIGN – VASTU
The article reveals the features of ecophilic ancient Indian philosophy and aesthetics in the context of Indian sacred design – Vastu. Sacred space, definition of the components of nature: these are signs of ecophilic views on the world and man. Through an appeal to “Vastu Shastra”, as a Vedic treatise on the surrounding space and the unity of living things with the environment, an understanding of approaches to the harmonization of man and nature, man and society is given. The practical approach is to understand the philosophy of Vastu to appreciate the attractive designs and textures that adorn the homes. The aesthetics of design and ease of use of space consists of a positive impact on a person and his psyche.
Keywords: Vastu, Vastu Shastra, ecophilic philosophy, aesthetics, Vedic design , space, environment, harmony.
Article bibliographic list
1. Venketesh R. Vastu-Feng Shui. – M.: K. Kravchuk Publishing House, 2003. – 347 p.
2. Zubkov S. A. Criteria of religious ecophilia // Bulletin of the Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Vol. 28. – P. 92-100. Doi.org/10.26516/2073- 3380.2019.28.92.
3. Zubkov S. A Ecophilic images of Vedic philosophy // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 500-503.
4. Igelnik L. Indian Vastu and Chinese Feng Shui. – M.: Profit Style, 2003. – 336 p.
5. Ilvitskaya S. V., Dunichkin I. V. Interrelation of principles of designing religious and residential buildings in the tradition of Vedic architecture Vastu // Housing construction. – 2017. – No. 1–2. – P. 55–59.
6. Kajol Shastri. Vedic Architecture Vastu: Principles of Building Your Ideal Home. – M.: Vedic Technology, 2012. – 224 p.
7. Krishna T. Indian Art of Vastu. Organization of the Environment for Strengthening health, achieving well-being and finding happiness. – M.: Grand-Fair, 2004. – 272 p.
8. Lysenko V. G. Vastu // Philosophy of Buddhism: encyclopedia. – M.: Institute of Philosophy of the Russian Academy of Sciences, 2011. – P. 202-203.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Fire, tactical and special training sub-faculty of the Law Faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
GO-LOGIC IN THE STRATEGY OF THE WORLD WIN-WIN
In the state of New Mexico the USA, the city of Santa Fa, there is a complexity Institute that discusses the problems of futurology, resource security, energy, demography, war, cognitiveness, climate, and growth limits. In Russia, a well-known researcher of the development of complex systems A.I.Fursov turned to the functioning of this structure and conference on complexity. The point is that the events of politics have aggravated global stability. Riskingness, instability, uncontrollability, inconsistency, hybridization of processes – this is an incomplete list of factors that make the controllability of sociotechnical platforms. A. I. Fursov indicates in his works that democracy, the market system, liberalism and similar concepts are only an information curtain of rigid control of world corporations, appraisers, percentages and other beneficiaries of global control.
Keywords : models of complexity, geoenergetics, prospects of mankind, chaosmos, GO-logic, flickering chess, instability, fuzziness, dialectics.
Article bibliography
1. Belov A. V. Singer of “blooming complexity” (185 years since the birth of K. N. Leontiev) // Humanities and socio-economic sciences. – 2016. – No. 5. – P. 55-58.
2. Goffman A. A., Timoshchuk A. S. Complex society: non-stationarity, hybridization, precarization // Social relations. – 2021. – No. 2 (37). – P. 90-101.
3. Nesterov A. V. Philosophy of complexity: definitions of the term “complexity” and measurement of complexity. – M.: Preprint, 2016. – 30 p.
4. Timoshchuk A. S. Can a complex society be good? // Dialogue of cultures in the era of global risks. In 2 parts. Part 2. – Minsk: BSU, 2016. – P. 415-418.
5 . Timoshchuk A. S. Methodology of complexity // Educational resources and technologies. – 2021. – No. 1 (34). – pp. 85-91.
PHILOSOPHY. RIGHT. SOCIETY
ITKULOVA Leysyan Ahmetovna
Ph.D. in philosophical sciences, professor, Head of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
VALIULLINA Zaynab Rahimyanovna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
KHAYRULLIN Rim Nurovich
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
KHASANOVA Liliya Ravilevna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
METAPHYSICAL FOUNDATIONS OF THE ECOLOGICAL CRISIS: TRANSCENDENTAL-ETHICAL ASPECT
The authors of this article explore the ultimate foundations of the ecological crisis from the point of view of the transcendental-ethical approach to spirituality. “Clip-ism” is noted as a problem of modern thinking. Metaphysics in its classical sense, along with dialectics, is considered as a means of systematically understanding the past, present and future. This, in turn, brings us to the ideas of freedom and sustainability in the development of man and society. The environmental crisis can be overcome through a new ideological synthesis that will provide feedback to the environment.
Keywords: metaphysics, dialectics, ecological crisis, ecological culture, transcendental-ethical approach, creativity, self-awareness, sustainability, principle of complementarity, principle of correspondence.
Article bibliographic list
1. Itkulova L. A. Worldview of the Bashkir ethnic group: philosophical anthropological analysis. – Ufa: RIC BashSU, 2021.
2. Krapivensky S. E. Social philosophy. – M.: VLADOS, 1998.
3. Khasanova L. R. Social memory of the nation (social and philosophical analysis of the traditions of the Bashkir people). Abstract of dis. … for the degree of candidate of philosophical sciences. – Ufa , 2000.
4. Lukyanov A. V. The idea of metacriticism of “pure” love (philosophical introduction to the problem of the relationship between dialectics and metaphysics). – Ufa: Bashkir University Press, 2001.
5 . Aristotle. Works in 4 volumes. Vol. 1. – M.: Mysl, 1976.
6. Ilyasov R. R. Game as an object of philosophical knowledge. Ontological and epistemological aspects. Abstract of diss. … Doctor of Philosophy. . sciences. – Ufa, 2006.
7. Helmut Girndt. Das “Ich” des erstenGrundsatzes der Grundlage in der Sicht der Wissenschaftslehre von 1804 // Fichte-Studien. Bd. 10. Amsterdam-Atlanta: GA. – 1997. – P. 319-333.
8. Zaynab R. Valiullina, Arkadiy V. Lukjanov, Marina A. Puskarewa. Philosophy of ecological crisis and two forms of modern dialectics // Utopía y praxis latinoamericana. – 2018. – Año: 23. No. 82. – Рp. 410-415.
9. Schelling F. V. J. The System of World Epochs: Munich Lectures of 1827-1828 as recorded by Ernst Laso. – Tomsk: Vodoley Publishing House, 1999.
10. Schelling F. V. Y. Philosophy of revelation. Vol. 1. – SPb.: Nauka, 2000.
11. Dobrokhotov A. L. Philosophy of culture: textbook for universities. – M.: ID Higher School of Economics, 2016.
12. Fedotova V. G. Practical and spiritual development of reality. – M.: Science, 1991.
PHILOSOPHY. RIGHT. SOCIETY
ZAYTSEV Nikolay Nikolaevich
Ph.D. in pedagogical sciences, senior lecturer of Humanitarian and social sciences sub-faculty of the General of the Army I. K. Yakovlev Novosibirsk Military Institute of the troops of the National Guard of the Russian Federation
GAVRILENKO Mariya Vitaljevna
Ph.D. in historical sciences, associate professor, professor of Humanitarian and social sciences sub-faculty of the General of the Army I. K. Yakovlev Novosibirsk Military Institute of the troops of the National Guard of the Russian Federation
LEVCHENKO Dmitriy Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Automobiles, armored weapons and equipment sub-faculty of the General of the Army I. K. Yakovlev Novosibirsk Military Institute of the Nation-al Guard of the Russian Federation
THE COLLAPSE OF LIBERAL DEMOCRACY
The authors of the article examine the concept of the “end of history,” according towhich the end of the Cold War in the West was seen by many as a defining cultural triumph, marking the advent of a post-historical era, when wars and bloody revolutions will be a thing of the past. But it did not take long for the end of the “end of history” to become apparent both in the geostrategic and political-cultural spheres. The events that followed the collapse of the Soviet Un-ion in the Middle East and the Balkans called into question the concept of F. Fukuyama. The au-thors, having analyzed a series of events, come to the conclusion that the concept of the “end of history” is untenable at the present stage, when Russia has moved to active action against Western civilization, which inculcates liberal values .
Keywords: social philosophy, neoliberalism, «end of history», democracy, war.
Article bibliography< br /> 1. Bulavina M. A. The failed “end of history” in the prism of civilizational legislation // Bulletin of the East Siberian Open Academy. – 2022. – No. 45 (45). – EDN MTILOJ.
2. Vinogradov A. V., Zaitsev N. N., Zavyalova A. N. Neoliberalism as a threat to the education system // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 57-60. – EDN FKFFKP.
3. Korobitsyna L. V. “The Origins of World War II” by A. J. P. Taylor: Towards the Problem of the Discussion of the 1960s . In British historical science // The beginning of the Second World War: national historiographic traditions and historical memory: materials of the international scientific and practical conference / Editor-in-chief V.N. Zemtsov. – Ekaterinburg, 2017. – P. 50-56. – EDN NSUBTD.
4. Rudnykh D. A., Udalov A. S., Zaitsev N. N. Dehumanization as the essence of the ideology of Nazism // Actual problems of the humanities: Materials of the All-Russian scientific and practical conference / Responsible editor D. A. Pogonyshev . – Nizhnevartovsk: NVSU, 2022. – P. 291-293. – DOI 10.36906/NVSU-2022/49. – EDN ZHMGQI.
5. Savvin A. M. Development of theories and ideology of modernization of Russia // History. Hist. -rics. Sources: electronic scientific journal. – 2023. – No. 1. – P. 55-65. – EDN LIIJUB.
6. Fukuyama F. The End of History and the Last Man [translated from English by M. B . Levina]. – M.: ACT, 2015. – 575 p.
7. Khanaliev N. U. NATO expansion to the East near the borders of Russia as an overt threat of military pressure on the security and sovereignty of the Russian Federation // Questions of Political Science.– 2022. – T. 12. No. 6 (82). – S. 1954-1967. – DOI 10.35775/PSI.2022.82.6.015. – EDN REOQFV.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
TYURINA Arina Yurjevna
student of the bachelor’s degree in religious studies of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State University
ZOOLATRY AND PHYTOLATRY OF TAOISM AS COMPONENTS OF ECOPHILIC PHILOSOPHY
The article reveals the features of individual biocentric, eco-theological campaigns of the ancient Chinese religious system of Taoism. Taoism as a theology and philosophy, built on the principles of ecophilic connections between humans and animals and plants, includes components of the veneration of these organisms, traces of animalistic and dendrological symbolism in culture. Religious cults of animals and plants indicate the biocentric tendencies of ecophilic religions and philosophical systems that contribute to the formation of the foundations of an ecological culture, respect for all forms of life and the harmonization of human society.
Keywords: Taoism, ecophilic philosophy, plants, animals, nature, symbol, harmony.
Article bibliography
1. Wen Jian, Gorobets L. A. Taoism in modern China. – Blagoveshchensk: Publ. AmSU, 2002. – 210 p.
2. Zubkov S. A. Criteria of religious ecophility // Bulletin of Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Vol. 28. – P. 92-100. Doi.org/10.26516/2073-3380.2019.28.92.
3. Zubkov S. A., Zubkov E. S. Ecophilic philosophy and music of Ancient China // Eurasian Law Journal. – 2023. – No. 3 (178) . – P. 515-517.
4. Christiansen R. Ecotheology. – Arkhangelsk: Publishing House Pomor State University named after M. V. Lomonosov, 2002. – 297 p.
5. Loewe Michael China of the Han Dynasty. Everyday life, religion, culture. – M.: ZAO Tsentrpoligraf, 2000. – 224 p.
6. Maspero A. Taoism. – SPb.: Nauka, 2007. – 294 p.
7. Torchinov E. A. Daoist practices. 2001. – SPb.: Azbuka-classic; Petersburg Oriental Studies, 2004. – 256 p.
PHILOSOPHY. LAW. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of the Volga branch of the Russian State University of Justice
SPIRIN Vasiliy Konstantinovich
master of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
TRETYAKOV Ilya Sergeevich
bachelor of theology, master of religious studies, lecturer of the Nizhny Novgorod Theological Seminary
IS FEMALE PRIESTHOOD BELIEVABLE IN RUSSIAN TRADITIONAL CULTURE: REFLECTIONS ON THE PHILOSOPHICAL INTUITION OF RELIGIOUS CULT FROLOVA S. R.
This article continues a series of studies devoted to the Nizhny Novgorod cult in honor of the icon of the Mother of God ” Resurrecting Russia”. In the previous article on the pages of the Eurasian Legal Bulletin we investigated the religious and philosophical views of Frolova S. R. concerning the quasi-Orthodox (conditionally Orthodox) side of her icon. In this article we turn to the mystical or isoteric discourse of the religious cult under study, where Svetlana Robertovna also showed herself as an original thinker, creatively changing and interpreting theosophical, Wiccan and other ideas.
Keywords: Icon “Resurrecting Russia”, Abode of Light, Frolova S. R., Matushka Fotinia, Great Mother, Wiccanism, female priesthood, sophiology, Silver Age.
Article bibliography
1. Sobko R. V., Spirin V. K., Tretyakov I. S. Christology and pneumatology of Mother Fotinia: on the issue of the religious affiliation of the cult of Frolova S. R // Eurasian Law Journal. – 2023. – No. 9 (184). – P. 323-325. – EDN COOONM.
2. Sobko R. V., Spirin V. K., Tretyakov I. S. Is the cult in honor of the icon “Resurrecting Rus'” Mariological? // Eurasian Law Journal. – 2023. – No. 8 (183). – P. 528-530. – EDN UUAJZD.
3. Sobko R. V. Union of the Scarlet and White Rose (religious and philosophical feuilleton) // Damaskin. – 2014. – No. 4 (29 ). – P. 42-52. – EDN LXOOQF.
4. Newspaper “Temple of Light” No. 5. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/gazeta-hram-sveta5.pdf (date of access: 04/27/2024).
5. Greer J. M. The Occult Book: A Chronological Journey, from Alchemy to Wicca. New York. – USA: Sterling Publishing, 2018.
6. Newspaper “Temple of Light” No. 11. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/11 -SAYT.pdf (date accessed: 27.04.2024).
7. Newspaper “Temple of Light” No. 12. [Electronic resource]. – Access mode: https://hram-vr.narod.ru/12-2.pdf (access date: 04/27/2024).
8. Pollock K. “Between the Worlds”: Ritual Constructions of Sacred Space in Feminist Wicca. – Saarbrücken: VDM Verlag Dr. Müller, 2009.
9. Georg Günter Blum: Byzantinische Mystik. Ihre Praxis und Theologie vom 7. Jahrhundert bis zum Beginn der Turkokratie, ihre Fortdauer in der Neuzeit. Lit Verlag. – Berlin 2009.
10. Newspaper “Temple of Light” No. 17. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-17-sayt.pdf (date of access: 04/27/2024).
11. Newspaper “Temple of Light” No. 18. [Electronic resource] . – Access mode: http://hram-vr.narod.ru/GAZETA-18.pdf (date of access: 04/27/2024).
12. Newspaper “Temple of Light” No. 15. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-15-sayt_1.pdf (date of access: 27.04.2024).
PHILOSOPHY. LAW. SOCIETY
STEPANENKO Yuriy Sergeevich
Ph.D. in philosophical sciences, professor of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
HISTORICAL AND CULTURAL “EASTERN” ALTERNATIVE CIVILIZATIONAL DEVELOPMENT OF RUSSIA
The article deals with the civilizational, historical and cultural development of Russia from the Middle Ages to the present day, its cyclicality and isolation from Europe. As a result of progressive historical development, the spiritual and material prerequisites for the formation of the foundations of Russian statehood were formed. The acculturation of Russia is the “soft power” of the West, a method of European integration and “erasing” of Russian civilization, nullifying its fruits, instilling a sense of inferiority. The European model of socio-economic development is offered both to Russia and the world as a whole, as the only true and obligatory for all mankind. The historical confrontation with the West leads Russia to a new round of spiritual and political confrontation, examples of which can be traced in the era of Alexander Nevsky, Ivan the Terrible and in the Soviet era. The turn to the East is considered as an alternative path of Russia’s civilizational development against the background of global confrontation with the West in order to preserve state sovereignty.
Keywords: alternative, European integration, Ivan the Terrible, Peter I, germanization, East.
PHILOSOPHY. RIGHT. SOCIETY
KHOKHLOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Public administration sub-faculty of the Insti-tute of Social Sciences of the Irkutsk State University
CULTURE OF CONSENT: PROBLEMS OF IMPLEMENTATION AND DEVELOPMENT PROSPECTS
The article analyzes the problems of the culture of consent that periodically arises at the pre-sent stage of development of society. The author provides evidence that the culture of consent is a factor that stabilizes society, necessary for its full development, and ensures the effective interaction of various social systems. The author’s definition of the “culture of consent” is given, its place in the culture as a whole is considered, and the expected prospects for the development of a culture of consent in the near future are given. The author presents the point of view that a culture of consent complements social development with innovative potential, and provides prospects for the further existence of society.
Keywords: culture of consent, social system, development prospects, effective interaction.
Article bibliographic list
1. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions. – M.: AZ, 1994. – 928 pp.
2. Modern philosophical dictionary / Under the general. ed. V. E. Kemerova. – M.: Academic project, 2004. – 864 p.
3. Stepin S. S. New philosophical encyclopedia: in 4 volumes / Ed. V. S. Stepin. – M.: Mysl, 2001. – V. 3. – 988 p.
4. Ushakov D. N. Large explanatory dictionary of the Russian language. New modern edition. – 2023. – 816 p.
5. Khokhlova O. M. Dichotomy of “agreement-disagreement” in the social sphere (philosophical and methodological analysis). Abstract of Cand. Philosophical Sciences: 09.00.11: Bauman Moscow State Technical University. – M., 2013. – 22 p.
6. Khokhlova O. M. Program for achieving public harmony in modern Russian society // Scientific and methodological electronic journal “Concept”. – 2016. – No. T. 15 . – P. 1376-1380.
7. Khokhlova O. M. Formation of the concepts of “agreement” and “disagreement” in the history of philosophical thought // Humanitarian Bulletin of Bauman Moscow State Technical University. – 2022. – No. 2 (94). – P. 1-16.
PHILOSOPHY. LAW. SOCIETY
VILDANOVA Mariam Uralovna
competitor of Philosophy and cultural studies sub-faculty of the Ufa University of Sciences and Technologies
UNDERSTANDING HUMAN NATURE IN WESTERN AND EASTERN PHILOSOPHY
The article discusses two methodologies for understanding and revealing human nature: western and eastern. The Western European methodology of sciences in understanding human nature initially relies on the dialectic of subject-object research activity, on the formulation of a scientific hypothesis and its empirical confirmation by an experimental-empirical base, which still needs to be justified by theoretical conclusions. For Western philosophy, what is true is what has been scientifically proven and is confirmed in scientific works. The Eastern philosophy is based on a different methodology. Her methodological approach to man is focused on inner work, on the knowledge of a particular person’s own nature in the practice of meditation and contemplation. When a person, through indistinguishable wisdom (Prajna), comprehends his own nature as the nature of the Buddha, then any logic is filled with intuitive knowledge. Such an approach is unacceptable for scientific thinking, because its evidence base should be based on a conceptual and categorical system of cognition with its general principles and the criterion of the truth of inferred knowledge.
Keywords: philosophy, science, methodology, reflection, truth, intuition, wisdom.
Article bibliographic list
1. Husserl E. Ideas towards pure phenomenology and phenomenological philosophy. Book 1: General introduction to pure phenomenology. – Moscow, 2009. – 489 pp.
2. Tao Te Ching / [Lao Tzu; lane from ancient China Masutaro Konishi, Yang Hin-Shun]. – St. Petersburg: Lenizdat, 2013. – 187 p.
3. Dhammapada: [Buddhists. Sat. sayings] / Trans. from Pali, introduced. and comment. V. N. Toporova. – Samara: Agni, 1998. – 225 pp.
4. Zen Buddhism. Suzuki D. Fundamentals of Zen Buddhism. Katsuki S. Zen Practice. – Bishkek: MP “Odyssey”, 1993. – 672 p.
5. Androsov V. P. Buddhist classics of Ancient India, the Word of Buddha and treatises of Nagarjuna in translations from Pali, Sanskrit. – M.: Open World, 2008 . – 512 p.
6. Sri Ramana Maharshi: The Message of Truth and the Direct Path to Oneself. – L.: Tiruvannamalai: Sri Ramanasramam, 1991. – 192 p.
7. Suzuki D. T. Basic principles of Mahayana Buddhism. – M., 2002. – 382 p.
PHILOSOPHY. RIGHT. SOCIETY
SIDOROV Denis Nikolaevich
postgraduate student of Philosophy and cultural studies sub-faculty of the South Ural State Humanitarian Pedagogical University
THE CONNECTION BETWEEN THE INFORMATION ACTIVITY OF THE BRAIN AND HIGH CREATIVE PRODUCTIVITY: PERSPECTIVES AND RESEARCH
This article attempts to reveal the connection between the information activity of the brain and high creative productivity. The author reviews the existing research and puts forward assumptions about further prospects for studying the topic under consideration. Discusses various aspects of the information activity of the brain, such as perception, attention, memory and thinking, as well as their impact on creativity and creative productivity. Some methods of measuring the information activity of the brain are touched upon, such as functional magnetic resonance imaging (fMRT) and electroencephalography (EEF), which allow studying the activity of the human brain during the performance of creative tasks.
The The author refers to the results of studies that have determined the relationship between the activation of certain brain areas and high creative productivity. In addition, the importance of the concept of “flexibility of thinking”, that is, the ability of the brain to adapt to external conditions, generating new ideas and solutions, is discussed.
In conclusion, the author emphasizes the need for further study of a promising topic for a deeper understanding of the relationship between the information activity of the brain and the ability to think creatively. Understanding this connection can be useful in various fields such as education, art, science and business, as well as allowing the development of new methods that enhance the creativity of modern man.
Keywords: information activity, thinking, productivity, creativity, cognitive thinking, brainstorming, prefrontal cortex, brain.
Article bibliography
1. Anokhin K. V. Cognitom : in search of a fundamental neuroscientific theory of consciousness // I. P. Pavlov Journal of Higher Nervous Activity. 2021. Vol. 71. No. 1. P. 39-71. DOI: 10.31857/S0044467721010032.
2. Belova S. S . Creativity and executive functions: a review of foreign differential psychological studies // Modern foreign psychology. 2021. Vol. 10. No. 4. P. 44-54. DOI:10.17759/jmfp.2021100404.
3. Volkova E. N., Miklyaeva A. V., Khoroshikh V. V. Subjective prerequisites for psychological well-being of gifted people people // Psychological Science and Education. 2022. Vol. 27. No. 1. P. 92-103. DOI: 10.17759/pse.2022270108.
4. Grigoriev A. A., Sugonyaev K. V. Dynamics of the general factor intelligence and scientific progress in the 18th-20th centuries // Institute of Psychology of the Russian Academy of Sciences. Social and Economic Psychology. 2022. Vol. 7. No. 1 (25). P. 28-46. DOI:10.38098/ipran. sep_2022_25_1_02.
5. Zeigarnik B. V. Pathopsychology. Moscow: Yurait, 2022. 367 p.
6. Zirenko M. S., Kornilova T. V. Tolerance to uncertainty, intelligence, and personality traits: A cross-cultural study of Russian and American students // Bulletin of Moscow State Regional University. Series: Psychological Sciences. 2021. No. 1. P. 20-31. DOI: 10.18384/2310-7235-2021-1 -20-31.
7. Kozyakov R. V. Basic approaches to the development of professional creative thinking // New science: history of formation, current state, development prospects: collection. articles of the International scientific and practical conference: Novosibirsk, February 27, 2022 / Ed. A. A. Sukiasyan. Ufa: OMEGA SCIENCES, 2022. Pp. 154-157. [Electronic resource]. – Access mode: https:// www.elibrary.ru/item.asp?id=48031556&selid=48031672 (date accessed: 25.07.2023).
8. Concepts of creative thinking and the main approaches to its study [Electronic resource]// Modern foreign psychology . 2022. Volume 11. No. 4. [Electronic resource]. – Access mode: https://psyjournals.ru/journals/jmfp/archive/2022_n4/Kozyakov (date of access: 07/25/2023).
9. Maslow A. The Far Limits of the Human Psyche / Ed. N. Rimitsan . SPb.: Piter, 2022. 444 p.
10. Velichkovsky B. M., Knyazev G. G., Valueva E. A., Ushakov D. V. New approaches in the study of creative thinking: from the phenomenology of insight to objective methods and neural network models // Questions of Psychology. 2019. No. 3. P. 3-16. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=39207105 (date of access: 13.10.2022).
11. Rubtsov V. V., Kudryavtsev V. T. Thinking according to Vygotsky // Cultural-historical psychology. 2021. Vol. 17. No. 3. P. 160-161. DOI: 10.17759/chp.2021170320.
12. Kholodnaya M. A. “The splitting effect” of creativity indicators // Psychology creativity and giftedness: Collection of articles from the All-Russian scientific and practical conference with international participation:Moscow, November 15-17, 2021: In 3 parts. in 3 parts. Part 1 / Ed. by D. B. Bogoyavlenskaya. Moscow: Association of Technical Universities, 2021. Pp. 14-18. DOI: 10.53677/9785919160441_14_18.
13. Acar S., Burnett C., Cabra J. F. Ingredients of creativity: Originality and more // Creativity Research Journal. 2017. Vol. 29. No. 2. P. 133-144. DOI:10.1080/10400419.2017.1302776.
14. Perchtold-Stefan C. M., Fink A., Rominger C., Papousek I. Creative, antagonistic, and angry? Exploring the roots of malevolent creativity with a Real World idea generation task // The Journal of Creative Behavior. 2020. Vol. 55. No. 3. P. 710-722. DOI:10.1002/jocb.48.
15. Kapoor H., Kaufman J. C. Unbound: The Relationship Among Creativity, Moral Foundations, and Dark Personality // The Journal of Creative Behavior. 2022. Vol. 56. No. 2. P. 182-193. DOI:10.1002/jocb. 523.
16. Mercier M., Lubart T. The effects of board games on creative potential // Journal of Creative Behaviorthis. 2021. Vol. 55. No. 3. P. 875-885. DOI:10.1002/jocb. 494.
PHILOSOPHY. RIGHT. SOCIETY
KHISMATULLINA Galiya Galeevna
postgraduate student of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
SOLIDARITY AS A CRITERION FOR MORAL PROGRESS OF MODERN SOCIETY
The topic of solidarity inevitably appears in difficult, crisis times as one of the ways solving social problems. The author presents the idea that solidarity is an ambivalent form of integration and the forces that support the accumulation of solidarity within a small social group prevent the expansion of solidarity, i.e. “solidarity among one’s own” cannot automatically develop into “solidarity among strangers”, which, in the author’s opinion, is an indicator of the moral progress of society.
Keywords: solidarity, moral progress, expanded solidarity, solidarity among strangers.
Article bibliography
1. Durkheim E. On the division of social labor. The method of sociology. – Moscow: “Nauka”, 1991
2. Mead George Herbert. Consciousness, self and society / Mead D. – Moscow: Direct-Media, 2007. – 34 p. – [Electronic resource]. – Access mode: http://www.biblioclub.ru/index.php?page=book&id=26548 (date accessed: 20.04.2024).
3. Pozdyaeva S. M. Cultural modernization as the most important direction of social reform in modern Russia // Eurasian Law Journal. – 2016. – No. 9 (100). – P. 361-363.
4. Sautkina V. A. Public demand for solidarity: historical retrospective and modern reality // South-Russian Journal of Social Sciences. – 2019. – Vol. 20. No. 2. – P. 70-85.
5. Simonova O. A. Socio-cultural practices of cohesion in modern societies: characteristic features and research strategies. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-kulturnye-praktiki-splochennosti-v-sovremennyh-obschestvah-harakternye-cherty-i-issledovatelskie-strategii-vvedenie-k/viewer (date of access: 22.04.2024).
6. Freud Z. Discontent with Culture. – [Electronic resource]. – Access mode: https://royallib.com/read/freyd_zigmund/nedovolstvo_kulturoy.html#0 (date of access: 22.04.2024).
7. Brunkhorst Hauke. Solidarität unter Fremden. – FISCHER Verlag GmbH, Frankfurt am Main 2014. – 221 p.
8. Clark Jeff R. und Dwight R. Lee (2011, 2015): Markt und Moral, in: Der Markt und seine moralischen Grundlagen, hrsg. von Ingo Pies. – Freiburg und München. – P. 12–76.
9. Habermas Jürgen. Nachmetaphysiches Denken. – Frankfurt am Main 1988. – P. 209.
10. Pies Ingo (2015): Solidarität unter Fremden – Zur moralischen Leistungsfähigkeit des Marktes, Diskussionspapier. – No. 2015–5. – ISBN 978-3-86829-774-4. – Martin-Luther-University of Halle-Wittenberg, Lehrstuhl für Wirtschaftsethik, Halle (Saale), – [Electronic resource]. – Access mode: https://nbn-resolving.de/urn:nbn:de:gbv:3:2-47319.
PHILOSOPHY. LAW. SOCIETY
SAMEDOV Aladdin Garash-ogly
postgraduate student of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
VIRTUAL REALITY OF PARMENIDES
The subject of the study is the reason that forced Parmenides to come to the conclusion that the world is an illusion. This reason is the content of consciousness, i.e. information, since pure consciousness does not contain information. For this purpose, the Existing is studied – as containing information. Being, consisting of pure consciousness, is also explored. With the help of virtual reality, which easily deceives consciousness, it is discovered that Parmenides took off the “helmet” of virtual reality from his eyes and took part in Genesis. According to Parmenides, it turns out that in Genesis, in the eternal world, where peace reigns, movement and multiplicity disappear. As a result, Parmenides comes to the conclusion that plurality is the opinion of people. Next, the problem of “is” is explored, from which Parmenides concludes that “is” has always been, and “not is” leads to ignorance. He asks the question: “How can non-existence become Being in the future”? In fact, it is not possible to step over and wait for the beginning. If Parmenides could separate information from Being, he could imagine a beginning only in Existence. And he could separate Existence from Being.
Research method or methodology: Analysis of the approaches of thinkers in the history of philosophy to the reality or illusion nature of the world. Comparing the views of ancient thinkers about the illusory nature of the world with the results of modern scientific achievements, partly with virtual reality technology.
The scientific novelty lies in the fact that only Existence exists and it consists of information that is absent in Being. Being does not exist. Being is eternal, unchanging, unborn and indestructible… since there is no information and movement there. It is one in is one, it simply is. Because Being is pure consciousness, in which there is no perception. Perception arises when consciousness acquires content. Therefore, without consciousness content is pure consciousness. And for pure consciousness the Existence disappears. In fact, Existence exists, but since it is not perceived by pure consciousness, consciousness concludes that the world is an illusion. But the world, with its instability and transience, is actually approaching an illusion.
Keywords: consciousness, pure consciousness, being, essence, movement, illusion, reality, virtuality, exists , non-existent
Article bibliography
1. Elkhova O. I. Ontological content of virtual reality. 2011. [Electronic resource]. – Access mode: https: //cheloveknauka.com/ontologicheskoe-soderzhanie-virtualnoy-realnosti (date of access: 27.01.2023).
2. Hellenic poets. VIII-III centuries BC. Epic. Elegich, Iamby, Melika / Resp. . ed. M. L. Gasparov. – M.: Ladomir, 1999. – 515 pp.
3. Russell B. History of Western philosophy. – Rostov-on-Don: Phoenix publishing house, 2002. – 992 pp.
4. Kudryashev A.F. Modern ontology: current problems // Bulletin of the Bashkir University. – 2009. – T. 14. No. 3 (I). – P. 119.
5. Kant I. Works in 8 volumes. T. 1 – M.: CHORO, 1994. – 544 pp.
6. Kant I. Critique of Pure Reason / Translated . with him. N. Lossky. – M.: Publishing house. Eximo, 2006. – 736 pp.
7. Heidegger M. Being and time / Trans. from Germ. V. V. Bibikhina. – 5th ed. – M.: Academichesky Proekt, 2015. – 460 p.
PHILOSOPHY. LAW. SOCIETY
ABDULLIN Arthur Faritovich
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
ABDULOV Azamat Eduardovich
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch 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 Technical University, branch in Sterlitamak
THE GLOBAL SITUATION OF SOCIAL INTERACTION IN MODERN REALITIES
In the modern era of rapid globalization, internationalization of economic systems, integration into the global community, and the emergence of an open information and social global space, there has arisen a need for the development of intercultural interaction in diplomacy, trade, science, healthcare, and all spheres of professional activity. Intercultural communication can be defined as a set of various forms of communication between representatives of strikingly different cultures. Language serves as one of the key elements of communication, reflecting the unique environment in which a people’s culture exists. The most important consequence of these processes is the broad opportunities for interaction between bearers of different cultures, which has sparked scientific interest in the process, mechanisms, and conditions of intercultural interaction, mutual influence, interpenetration of cultures, and intercultural communication. The interaction of cultures takes place in a specific socio-cultural space in which cultures function and unfold their dialogue, which is essential for both the process of cultural interaction itself and its outcome. Slight changes in any element of this space can lead to serious transformations in intercultural interactions.
Keywords: language; worldview; contacts; globalization; transformation; functioning; interaction; conflict.
Article bibliography
1. Bakhtin N. B. Sociolinguistics and Sociology of Language – St. Petersburg, 2014. – P. 235.
2. Bibler B. C. From Science of Teaching to the Logic of Culture – Moscow: Politizdat, 2015. – P. 412.
3. Verbitsky A. A. Cross-cultural context of education and the formation of a new pedagogical paradigm // Higher education today. – 2018. – No. 8. – P. 28-31.
4. Vladimirova L. P. Intercultural communication in the modern world // Successes of modern science and education. – 2017. – No. 1. – P. 22-24.
5. Zelenina E. V. Basic approaches to the study of intercultural competence // Science and modern society: interaction and development. – 2016. – № 1. – P. 100-103.
6. Kurban E. N. Intercultural interaction and intercultural communication: towards defining aspects // Society and power. – 2013. – № 1. – P. 97-101.
7. Latypova E. R. Formation of intercultural competence of university students in the context of two-level training // Bulletin of Tver State University. Series: Pedagogy and Psychology. – 2016. – № 3. – P. 58-64.
8. Latypova E. R. Features of intercultural communication and its aspects in social and pedagogical activity // Pedagogical journal. – 2018. – № 2. – P. 14-21.
9. Nikitin V. A. From dialogue of confessions to dialogue of cultures // Russian thought. – 2018. – P. 67.
10. Sabanenko E. I. Intercultural interaction: essence, typology, social regulation // Young scientist. – 2014. – № 21. – P. 816-819.
11. Sourovneva A. A. Intercultural communication as a global problem of the modern world // Electronic network polythematic journal “Scientific works of KubSTU”. – 2017. – No. 6. – P. 389-396.
12. Ter-Minasova S. G. War and Peace of Languages and Cultures. – M., 2018. – P. 43.
13. Schweitzer A. D. Modern Sociolinguistics: Theory, Problems, Methods – M., 2012. – P. 172.
14. Yakushina O. I. Cultural Interaction and Prospects for the Implementation of Intercultural Communication // Communicology. – 2017. – No. 6. – P. 51-59.
B. K. Azanov:
Features of investment cooperation in the Eurasian Economic Union
Interview with Berik Quralbayuly Azanov, Ph.D. in economical sciences, master of science in jurisprudence, with the President of the Eurasian Institute of Legal Research and Economic Development.
INTERNATIONAL LAW
ALIEVA Madina Nizamovna
Ph.D. in Law, associate professor of Constitutional and International law sub-faculty of the Dagestan State University, Makhachkala
LABAZANOV Magomed Tagirovich
magister student of the 2nd course of Constitutional and International law sub-faculty of the Dagestan State University, Makhachkala
ON THE ISSUE OF THE FUNCTIONING OF INTERNATIONAL ORGANI ZATIONS
The article touches upon the problem of the functioning of international intergovernmental organizations as derivative subjects of international law. A definition of international organizations is given, the functional nature and criteria of their international legal personality are emphasized. The authors explore the principles and various reasons on which the classification of international organizations is carried out. Particular attention is paid to the study of the system of functions of international organizations, citing the opinions of prominent scientists. A conclusion is drawn about the special status of such subjects of international law, which gives them the opportunity to effectively realize their international legal personality and competence.
Keywords: international organizations, subjects, international law, legal personality, functions.
Article bibliography
1. International law in legal systems in a broad sense: lectures. – Moscow, 2017. [Electronic resource]. – Access mode: https://mybiblioteka.su/tom2/8-6446.html (date of access: 09.04. 2024).
2. Lukichev D. A. Legal personality of international organizations: topical issues. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravosubektnost-mezhdunarodnyh-organizatsiy-aktualnye-voprosy (date of access: 22.04.2024).
3. Tumanov S. N. International intergovernmental organizations: concept and functional characteristics // Questions of Russian and international law. – 2016. – Vol. 6. No. 11. – Pp. 3-16.
4. Velyaminov G. M. International law: experiences. – Moscow: Statut, 2015. – 1006 p.
5. Morawiecki W. Functions of an international organization. – Moscow: Progress, 1976. – 384 p.
6. Gotsev L. International organizations. – Sofia, 1987. – 126 p.
7. Muravyov V. I. International organizations – specific subjects of international law. – Kyiv: Publishing house of the UMK VO under the Ministry of Higher Education of the Ukrainian SSR, 1990. – 195 p. [Electronic resource]. – Access mode: http: www. lawlibrary.ru/izdanie12932.html(date of access: 12.04.2024).
8. Morozov G. I. International organizations. Some theoretical issues. – Moscow: Mysl, 1974. – 332 p. [Electronic resource]. – Access mode: http: www. lawlibrary.ru/izdanie12932.html (date of access: 04/19/2024).
9. Tumanov S.N. Ibid.
INTERNATIONAL LAW
ANDRYUKHINA Irina Yurjevna
Ph.D. in pedagogical sciences, associate professor of State and municipal management sub-faculty of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
PEKHOVA Lyudmila Stepanovna
Ph.D. in pedagogical sciences, Deputy Director of the Center for Additional Education of the Western branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Kaliningrad
MNATSAKANOV Andrey Eduardovich
Lawyer of Mosizhining LLC, Kaliningrad
ON THE ISSUE OF THE PECULIARITIES OF INTERNATIONAL CRIMINAL LAW
The article examines the issues of the formation and development of international criminal law as an independent branch of law, analyzes the subject and method of legal regulation, as well as the codification of international criminal law. The analysis of the features of international criminal law is presented, on the basis of which the authors conclude that this branch of public law is independent and its complex nature. The relevance of the application of the norms of international criminal law at the present stage in the context of global threats and the search for ways to correlate it with national criminal law is substantiated.
Keywords: public international law, international criminal law, nationalcriminal law, norms.
Article bibliography
1. Alekseev S. S. Law. – M., 1999. – P. 44-45.
2. Rozencvain A. I. International criminal law: a textbook for students in the main educational program of higher education in the direction of training 40.04.01. – Samara. – P. 8.
3. Innogamova-Khegay L. V. International criminal law. – St. Petersburg: Legal Center Press, 2003. – P. 29.
4. Kuznetsov A. P. International criminal law: concept, features, system // Journal of Applied Research. – 2022. – No. 12. – P. 198.
5. Obroskov A. International liability of individuals. [Electronic resource]. – Access mode: https://proza.ru/2014/01/22/228.
6. Erokhin D. V. Codification of international criminal law: political and legal analysis // Siberian Legal Review: Law. – 2021. – Vol. 18. No. 2. – P. 152.
7. Principles of international law recognized by the Charter of the Nuremberg Tribunal and expressed in the decision of this Tribunal (Adopted in 1950 at the second session of the UN International Law Commission). Public international law: collection of documents. – M.: BEK, 1996. – Vol. 2. – P. 101-102.
8. Sokolov S. A. International criminal law as a complex (polyvalent) and integrative branch of law and science of international law // Bulletin of the VGAVT. – 2017. – Issue 51. – P. 216.
9. Zimin V. V. Conclusion and implementation of international treaties on combating individual crimes as one of the main areas of interstate anti-criminal cooperation // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2018. – No. 5. – P. 157.
INTERNATIONAL LAW
KLIMOV Alexander Pavlovich
magister student of the Faculty of Law of the M. V. Lomonosov Moscow State University
UNDERSTANDING THE PRINCIPLE OF T RANSPARENCY IN INTERNATIONAL TRADE LAW
This scientific article contains a theoretical analysis of the principle of transparency in international trade law. The author notes that at the moment there is no clear understanding of the principle of transparency in the science of international trade law. The article characterizes the category of “transparency”, examines the relationship of this category with the category of “principle of transparency”, and also defines the principle of transparency based on the synthesis of such categories as “principle of international law” and “transparency”.
Keywords: the principle of transparency, international trade law, the principle of international law, transparency.
Article bibliography
1. ner Carl-Sebastian. Transparency: An Analysis of an Transparency: An Analysis of an Evolving Fundamental Principle in International Economic Law // Michigan Journal of International Law. – Vol. 27. – Iss. 2. 2006. – Pp. 579-628. – [Electronic resource]. – Access mode: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1190&context=mjil – (date of access: 18.03.2024).
2. Bernal Turnes Paloma and Ricardo Ernst. A framework for transparency in international trade // Investigaciones Europeas de Dirección y Economía de la Empresa. – Vol. 21, Iss. 1. – January-April 2015. – Pp. 1-8. – [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/pii/S1135252314000057#bbib0175 (date of access: 07.03.2024).
3. Finel Bernard and Kristin M. Lord. The Surprising Logic of Transparency // International Studies Quarterly. – Vol. 43. No. 2. Jun. – 1999. – Pp. 315-339. – [Electronic resource]. – Access mode: https://transparencylab.org/Documentation/Additional%20resources/Literature/Finel%20et%20al_The%20Surprising%20Logic%20of%20Transparency%20_1999.pdf (accessed: 15.03.2024).
4. Mock William B.T. On the Centrality of Information Law: A Rational Choice Discussion of Information Law and Transparency, 17 J. Marshall J. Computer & Info. – L. 1999. – Pp. 1069-1100. – [Electronic resource]. – Access mode: https://deliverypdf.ssrn.com/delivery.php?ID=0030891260060080991080920071031100760410050460530510610710961250040250730270740700091240230570171260 29014124067067 026000024089058039007032031083020031005090011077083022098088100076096123086108081087107102099085122111093123079031113084031117092106&EXT=pdf&INDEX=TRUE (date of access: 15.03.2024).
5. International law. General part. Textbook for students of law faculties and universities / Ed. Lukashuk I. I. – 3rd ed. – 2005.
6. International Law = Völkerrecht / Wolfgang Graf Witzthum [et al.]; trans. from German, 2nd ed. / [V. Bergmann, compiled]. – M .: Infotropic Media, 2015. – 1072 p. – (German Legal Literature: A Modern Approach: Series; Book 2).
7. Mavroidis Petros and Robert Wolfe. From Sunshine to a Common Agent. The Evolving Understanding of Transparency in the WTO. Robert Schuman Centre for Advanced Studies Research Paper. No. RSCAS PP 2015/01. Columbia Public Law Research Paper. – No. 14-461. – 2015. – Рp. 117-129. – [Electronic resource]. – Access mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2569178 (date of access: 15.03.2024).
8. Romashev Yu. S. and Postnikova E. V. Principles in International Law. Law. Journal of the Higher School of Economics. – 2023. – Vol. 16. No. 3. – P. 192-220. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/printsipy-v-mezhdunarodnom-prave/viewer (date accessed: 15.03.2024).
9. Baranova M. A. Ensuring transparency of international regulation of trade in goods and services within the framework of the GATT/WTO agreements // Trade policy. Trade policy. Trade policy. – 2017. – No. 1/9. ISSN 2499-9415. – 2017. – P. 9-22. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obespechenie-prozrachnosti-mezhdunarodnogo-regulirovaniya-torgovli-tovarami-i-uslugami-v-ramkah-soglasheniy-gatt-vto/viewer (date of access: 15.03.2024).
INTERNATIONAL LAW
KINYABAEVA Gulnazira Airatovna
Ph.D. in historical sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa university of Science and Technology
SOME ASPECTS OF LEGAL REGULATION OF TRADE, ECONOMIC AND INVESTMENT COOPERATION BETWEEN RUSSIA AND TAJIKISTAN AT THE PRESENT STAGE
The Russian Federation and the Republic of Tajikistan have a long history of cooperation and strive to further develop economic relations. Today, it is important to study and identify the prospects for the development of economic cooperation between these two states, including in the field of investment and trade cooperation. International law, being the basis for regulating economic cooperation between States, defines the rules and principles that must be observed in the process of conducting trade and economic transactions. Currently, Russia and Tajikistan are parties to many international treaties and agreements that regulate their trade and economic relations and investment cooperation. In addition, there is a need to consider the internal legislative acts of both states that form the legal basis for mutually beneficial cooperation in this area.
Keywords: investments, trade cooperation, law, Russia, Tajikistan, international relations.
Article bibliography
1. Ignatov A. V. Russian-Tajik relations: political and legal review // Bulletin of the University. – 2015. – No. 4 (51). – P. 57-65.
2. Maitdinova G. M., Sharopov O. M. Tajik-Russian relations in the context of statehood formation (1991-2010) // Post-Soviet studies. – 2022. – No. 1 (5). – P. 18-29.
3. Khamidov N. International legal regulation of economic cooperation between Tajikistan and Russia at the present stage // Bulletin of the Academy of Sciences of the Republic of Tajikistan. Department of Social Sciences. – 2020. – No. 3 (260). – P. 83-91.
4. Khamidov N. International legal regulation of economic cooperation between Tajikistan and Russia at the present stage // Bulletin of the Academy of Sciences of the Republic of Tajikistan. Department of Social Sciences. – 2020. – No. 3 (260). – P. 83-91. – EDN PTQJFO.
5. Aliyeva R. Economic cooperation as a factor in strengthening Tajik-Russian relations / R. Aliyeva // Bulletin of the Pedagogical University. – 2019. – No. 2 (79). – P. 291-295. – EDN WDGYTH.
6. Kinyabaeva G. A. Legal basis for scientific and technical cooperation between the Republic of Bashkortostan and the Republic of Belarus // Legal basis for political and socio-economic integration of the Union State of the Russian Federation and the Republic of Belarus: Proceedings of the International Scientific and Practical Conference, Ufa, June 26-27, 2023. – Ufa: Research Institute for Problems of the Rule of Law, 2023. – P. 125-135.
INTERNATIONAL LAW
MINIGULOVA Ilmira Rafisovna
Ph.D. in philosophical sciences, associate professor of International and integration law sub-faculty of the Institute of Law of the Ufa University of Science and Technology
DIPLOMACY AND DIPLOMATIC LAW IN THE CONDITIONS OF DIGITIZATION
The world community is in a stage of profound changes associated with progress in the field of science and technology, in particular, with the emergence of conditions for the implementation of the fourth industrial revolution. The changes affected the system of international relations and international law. Research in the field of digital international relations, digital economy and digital law has become relevant. Considering the interdependence of international law and international relations, hypotheses about deepening knowledge in the field of digital diplomacy and digital diplomatic law are of scientific value.
Keywords: international law, law of external relations, diplomatic law, international relations, digital international relations, digital diplomacy, artificial intelligence.
Article bibliography
1. Popov V. I. Modern diplomacy: theory and practice. – M.: International relations, 2023. – P. 16.
2. History of diplomacy. In 3 volumes. T. 1. / Ed. Potemkin V. P. – M.: OGIZ State Socio-Economic Publishing House, 1941. – P. 16.
3. Digital international relations / Ed. Zinovieva E. S., Shitkova S. V. – M .: Publishing house “Aspect Press”, 2023. – In 2 volumes. Vol. 1. – 354 p.
4. Digital law // DIGITAL LAW JOURNAL. – 2023. – Vol. 4. No. 2. – P. 6.
5. Zonova T. V. Digital diplomacy in the diplomatic and consular service // Law and management. XXI century. – 2015. – No. 3 (36). – P. 178.
6. Zaemsky V. F., Karpovich O. G. Digital diplomacy – diplomacy of the future // Diplomatic service. – 2021. – No. 3. – P. 266.
7. Minigulova I. R. Ethical and legal problems of artificial intelligence / All-Russian scientific conference “Information technologies for intelligent decision-making support”, Ufa-Stavropol, Russia, 2018. – Vol. 1. – P. 299.
8. Zonova T. V. Digital diplomacy in the diplomatic and consular service // Law and management. XXI century. – 2015. – No. 3 (36). – P. 177.
9. Picture of the emerging world: basic features and trends / Report edited by Yakovenko A. V. – M .: Diplomatic Academy of the Ministry of Foreign Affairs of Russia, 2024. – P. 33.
10. International law / Ed. Gasanova K. K and others – M.: UNITY-DANA: Law and Law, 2010. – P. 6.
11. Decree. op. – P. 15.
12. Ibid. – P. 144.
13. Ibid. – P. 145.
14. Iskevich I. S., Podolsky A. V. Diplomatic and consular law. – Tambov: Publishing House of the Federal State Budgetary Educational Institution of Higher Professional Education “TSTU”, 2014. – P. 10.
15. Meshcherikova V. A., Pavelyeva E. A., Paityan R. Kh. et al. Diplomatic and consular law: a textbook. – M.: Prospekt, 2023. – P. 12.
16. Eileen Denza. Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations. – United Kingdom: Oxford University Press, 2016. [Electronic resource]. – Access mode: https://www.google.ru/books/edition/Diplomatic_Law/n1U0CwAAQBAJ?hl=ru&gbpv=1&dq=Eileen+Denza&printsec=frontcover (date of access: 04/26/2024).
INTERNATIONAL LAW
NGATHEYO Akony Chany Pavel
senior lecturer of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
PASENOV Alexandros Nikolaevich
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
PROTECTING CHILDREN’S RIGHTS IN AFRICA: ANALYSIS OF THE AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD
This article examines the normative framework of the African Charter on the Rights and Welfare of the Child, which is considered as the first regional legal instrument for the protection of children’s rights on the African continent. The article begins with a brief historical background. It also highlights its unique strengths and weaknesses within the broader African human rights context. Finally, in the last section, the author examines the functions of the African Committee of Experts on the Rights and Welfare of the Child.
Keywords: Children’s rights, African Charter on the Rights and Welfare of the Child, African realities, African culture, African Women’s Protocol, African Charter, human rights.
Article bibliography
1. Federal Law of December 29, 2022 No. 634-FZ “On Amendments to Article 125 of the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”. – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_436217/ (date of access: 04/28/2024).
2. Official Internet portal of legal information. – [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/document/0001202311220013 (date of access: 04/28/2024).
3. F Viljoen ‘Supra-national human rights instruments for the protection of children in Africa: The Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child’ (1998) 31 Comparative and International Law Journal of Southern Africa 199.
4. African Charter on the Rights and Welfare of the Child, 1990. – [Electronic resource]. – Access mode: https://www.acerwc.africa/fr/node/356 (accessed: 28.04.2024).
5. List of countries that have signed, ratified or acceded to the African Charter on the Rights and Welfare of the Child. – [Electronic resource]. – Access mode: https://www.acerwc.africa/fr/member-states/ratifications (date accessed: 24.04.2024).
6. Resolution of the Human Rights Council of 11 April 2017 // Doc. A/HRC/RES/34/17.
7. Resolution of the Human Rights Council of 20 March 2018 // Doc. A/HRC/37/L.40.
INTERNATIONAL LAW
PASENOV Alexandros Nikolaevich
associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
NGATHEYO Akony Chany Pavel
senior lecturer of Constitutional and international law sub-faculty of the Institute of Law of the Belgorod National Research State University
UNITED NATIONS PEACEKEEPING FORCE IN CYPRUS: INTERNATIONAL LEGAL STATUS
The article examines the international legal situation of the United Nations Peacekeeping Forces in Cyprus. The authors give a general description of the peacekeeping contingent, analyze the positions of the international community, the Russian Federation, and the Republic of Turkey regarding the international legal status of this formation. The authors note that the Republic of Cyprus and the Turkish Cypriot community still have different views on the situation of the UN Armed Forces in Cyprus, which, in turn, contributes to tension between the peacekeepers and the parties to the conflict.
Keywords: Republic of Cyprus, Greek Cypriots, Turkish Cypriots, United Nations, peacekeepers, Security Council.
Bibliographical list
1. Badtiev T.K. Legal status of the UN Armed Forces in Cyprus // Moscow Journal of International Law. – 1995. – No. 3. – P. 113-120.
2. Biktimirov B. T. The role of Great Britain in the creation of the UN peacekeeping forces in Cyprus // Scientific notes of Kazan State University. Series: Humanities. – 2008. – No. 7. – P. 233-241.
INTERNATIONAL LAW
WANG Zenan
postgraduate student of International law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
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, Petropavlovsk-Kamchatsky
APPLICATION OF INTERNATIONAL LAW BY NATIONAL COURTS
The purpose of this article is to study and analyze the application of international law by national courts. The author seeks to identify the approaches of various countries to the interpretation and use of international rules of law within their national jurisdictions.
Methods: to achieve this goal, the author analyzed court decisions of various countries, examining cases where national courts applied international law.
Results: within the framework of the study, various approaches of national courts to the application of international law were identified. It has been shown that the transnational application of international law is an important tool for ensuring justice and protecting the rights and freedoms of citizens.
Conclusions: the study allowed us to conclude that the application of international law by national courts is essential for the development of the legal world and ensuring international stability.
Keywords: international law, national courts, international treaties, international law.
Article bibliography
1. Ampleeva E. E., Firsov V. V. Practice of the European Court of Human Rights in considering cases against the Russian Federation: textbook. manual. – St. Petersburg, 2021. – 80 p.
2. Zimnenko B. L. International law and Russian law: their relationship // Moscow Journal of International Law. – 2019. – No. 3 (39). – P. 162-168.
3. Kashirkina A. A. Implementation of international legal principles and norms in national legislation // International law and national legislation. – Moscow: Eksmo, 2019. – P. 92-111.
4. Tiunov O. I. The principle of good faith observance of international obligations // International law and national legislation. – M.: Eksmo, 2020. – P. 208-22.
INTERNATIONAL LAW
GASANOV Togrul Rakhmanovich
postgraduate student of Constitutional and international law sub-faculty of the V. N. Tatishchev Astrakhan State University
GASANOV Farid Murshudovich
postgraduate student of Constitutional and international law sub-faculty of the V. N. Tatishchev Astrakhan State University
THE CONCEPT OF «INTERNATIONAL TRANSPORT LAW»
The scientific article emphasizes that international transport law as a phenomenon has a centuries-old history. The beginnings of this institution can be found in ancient times, later it was developed in such states as, for example, Egypt, India, China, etc. It is emphasized that already in Kievan Rus, interstate agreements with Byzantium were in force, as a result of which several treaties were concluded between countries in the 10th century. It is indicated that the term «transport law» itself began to be used only at the end of the 19th century. Currently, a number of international legal acts have been adopted regulating interstate transport communication (however, they do not contain the definition of «international transport law»). Based on their legal norms, it can be stated that it should be understood as transport communication between, as a rule, two states. Taking into account also the analysis of some doctrinal points of view, the author’s interpretation of the wording «international private law» is proposed.
Keywords: international law, international transport law, transport, international acts, interstate transport communication.
Article bibliography
1. Aseev S. V. Some issues of international transport law // Bulletin of the Volga State Academy of Water Transport. – 2008. – No. 24. – P. 71-74.
2. Berdigylydzhov M., Durdyeva D. International economic law // Symbol of science: international scientific journal. – 2023. – No. 4-2. – P. 95-97.
3. Byalt V. S. Legal technique: educational visual aid. – St. Petersburg: Publishing house “LEMA”, 2017. – 99 p.
4. Dukhno N. A., Koryakin V. M. Some methodological approaches to the development of the concept of international transport law of the Russian Federation // Transport law and security. – 2017. – No. 5 (17). – P. 7-14.
5. Kuzmin V. N. The role and place of transport law in the system of Russian law // Transport law and security. – 2016. – No. 7 (7). – P. 16-20.
6. Mishalchenko Yu. V., Semenov D. V. International transport law and international integration: a textbook. – St. Petersburg: St. Petersburg Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia), 2018. – 121 p.
7. Transport law. General part: textbook / Responsible. editors N. A. Dukhno, A. I. Zemlin. ― Moscow: Law Institute of MIIT, 2017. ― 259 p.
INTERNATIONAL LAW
DRUZHKOVA Alexandra Igorevna
student of the Far Eastern Federal University, Vladivostok
KALYUZHNAYA Polina Leonidovna
student of the Far Eastern Federal University, Vladivostok
MEDVEDEVA Darya Olegovna
student of the Far Eastern Federal University, Vladivostok
PRIMAK Alexander Vadimovich
student of the Far Eastern Federal University, Vladivostok
THE IMPACT OF US MIGRATION POLICY ON RELATIONS WITH LATIN AMERICA: POLITICAL AND LEGAL ASPECTS
This article examines the historical and modern aspects of the migration policy of the United States of America and its impact on political and social relations with Latin America. The evolution of the US migration policy is studied, its key changes and consequences for bilateral and multilateral relations are analyzed. Particular attention is paid to the political reactions of Latin American countries to US migration measures and diplomatic efforts to resolve migration issues. Based on the analysis of successful cases and best practices, recommendations are offered to improve U.S. migration policy, including strengthening the legal protection of migrants, creating legal routes for migration and investing in integration programs. The prospects for the development of migration relations between the United States and Latin America are considered in the context of international cooperation and sustainable development.
Keywords: U.S. migration policy, Latin America, bilateral relations, international cooperation, migrant rights, legal migration, integration programs, sustainable development.
Article bibliography
1. Vertkin A. G., Sidorova N. I. USA and Latin America: political and economic relations // Latin America. – 2019. – No. 4. – P. 34-44.
2. Trush S. V. US migration policy and its impact on relations with Mexico // Bulletin of MGIMO-University. – 2017. – No. 6 (57). – P. 45-53.
3. Gromiko A. A. The impact of US migration policy on international relations in the 21st century // World Economy and International Relations. – 2020. – No. 3. – P. 22-31.
4. Massey D. S., Durand J. & Malone N. J. Beyond Smoke and Mirrors: Mexican Immigration in an Era of Economic Integration. – New York: Russell Sage Foundation, 2003. – 208 p.
5. Hanson G. H. The Economic Logic of Illegal Immigration. – New York: Council on Foreign Relations, 2007. – 83 p.
INTERNATIONAL LAW
HA Thi Hanh
lecturer of Public International Law, Faculty of International Law of the Ho Chi Minh City University of Law
TRAN Quang Huy
magister student of the University of the West of England
VIETNAM’S SITUATION OF EXTENDED CONTINENTAL SHELF DELIENATION – LOOKING FOR RESOLUTIONS FROM INTERNATIONAL EXPERIENCE
Delineation of the extended continental shelf limit is a crucial activity for the utilization of natural resources of coastal states, including Vietnam. However, Vietnam still cannot execute our sovereign rights and judicial jurisdiction on our extended continental shelf because of the objections by the Philippines and China. This article will analyze the practice of Vietnam in delineation of extended continental shelf limits and provide some proposals.
Keywords: Extended Continental Shelf, Delineation of Extended Continental Shelf Limit, Law of Sea .
Reference
1. Diplomatic Note no: CML/14/2019 of China, 12/12/2019.
2. Diplomatic Note no: 249/HC-2009 of Vietnam in replying to Diplomatic no 818 and 819 of the Philippines on 18/8/2009.
3. Diplomatic Note no: 818 of the Philippines to the United Nations on 04/8/2009.
4. Diplomatic Note no: 819 of the Philippines to the United Nations on 04/8/2009.
5. Diplomatic Note no: CML/17/2009 of China, 07/5/2009.
6. Judgment dated 12/10/2021 of International Court of Justice on the sea delimitation between Somalia and Kenya.
7. Judgment dated 14/3/2012 of International Court for the Law of the Sea on Bangladesh v. Myanmar, para 382.
8. Judgment dated 14/3/2012 of International Court for the Law of the Sea on Bangladesh v. Myanmar, para 455.
9. Judgment dated 8/10/2007 of the ICJ on the Nicaragua v. Honduras.
10. Judgment of the Permanent Court of Arbitration on the Barbados v. Trinidad & Tobago.
11. United Nation Convention on the Law of the Sea 1982.
12. Ha Thi Hanh, Tran Quang Huy (2023), “Delimitation of extended continental shelf – International practice and some recommendation for Vietnam ” [Xác định ranh giới thềm lục địa mở rộng – nhìn từ thực tiễn quốc tế và một số đề xuất cho Việt Nam], submitted paper under the conference: “40 years of UNCLOS and 10 years of Vietnam’s law of the Sea 2012” , Ho Chi Minh University of Law.
13. Hoàng Việt (2020), “Vietnam send their objectionable diplomatic note to China in the United Nation” [Việt Nam gửi Công hàm phản đối Trung Quốc tại Liên hợp quốc] // Legislative review. 08.
14. Louise de La Fayette. The Award in the Canada – France Maritime Boundary Arbitration // The International Journal of Marine and Coastal Law. 1993. Vol 8. No 1.
15. Nguyễn Bá Diễn (2008), “Joint exploitation areas in modern international law” [Các vùng khai thác chung trong Luật Quốc tế hiện đại] // Economic – Law Journal. 24.
16. Nguyễn Hồng Thao. The legal fight on the extended continental shelf in the East Sea [Cuộc chiến pháp lý về thềm lục địa mở rộng ở biển Đông] // Ha Noi Law Review. 2020. No. 5. P. 31-45.
17. Trần Hữu Duy Minh (2020), “The process for delineation of extended continental shelf by Vietnam: Challenges and solutions from a legal approach” [Thủ tục xác lập ranh giới ngoài thềm lục địa mở rộng của Việt Nam: Trở ngại và giải pháp từ góc độ pháp lý quốc tế] // Vietnamese Journal of Legal Science. 03.
INTERNATIONAL PUBLIC LAW
NGUYEN Son Ha
Ph.D. in Law of Civil law sub-faculty of the Institute of Law of the Hue University
MAI Xuan Hoi
Ph.D. in Law of Economic law sub-faculty of the Institute of Law of the Hue University
MODEL OF A TRADE REMEDY INVESTIGATION AGENCY OF SOME EMERGING ECONOMIES – SUGGESTIONS FOR VIETNAM
The article discusses the results of a study of Vietnam’s trade protection investigation agency model, conducted after more than 5 years of its existence. It is noted that this model has identified a number of shortcomings that reduce the effectiveness of case investigations in practice. At the same time, in emerging economies such as Thailand and China, trade defense investigation activities are showing very positive results. Based on an analysis of these countries’ investigative agency models, the article offers a number of recommendations for improving Vietnam’s trade defense investigation agency model in the context of modern international economic integration.
Keywords: model, agency, Vietnam, trade protection, trade remedies investigation.
Article bibliography
1. Bui Van Nam. The US is considering lifting tariffs on Chinese goods: will it end soon? trade war? // Law and Development. 2022. No. 2. P. 16-25.
2. Luu Hien Thao. Research of Australian rules and practice of anti-dumping/anti-subsidy investigations on tax evasion // Jurisprudence. 2019. No. 1. P. 52-59.
3. Mai Xuan Hoi. Some models of competition management agencies in the world – The experience of Vietnam // Legal sciences. 2022. No. 01. P. 80-91.
4. Nguyen Khanh Ngoc. Some experiences of China in the process of improving legislation to meet WTO requirements // Social Sciences of Vietnam. 2016. No. 5. P. 66-75.
5. Nguyen Thu Chang. Research on US rules for investigating damages in anti-dumping cases // Vietnamese legal science. 2020. No. 8. P. 106-115.
6. Nguyen Phuong Hoa. Promoting Early Warning and Preventing Trade Remedies Evasion // Law and Practice. 2022. No. 6. P. 36-42 .
7. Nguyen Hong Hanh. Research on New Developments in Trade Defense Investigation Rules and Practices in Thailand // State and Law. 2021. No. 2. P. 92-98.
8. Phung Gia Duc. Improve legislation for the active application of trade measures to imported goods // Law and Development. 2019. No. 7. P. 40-46.
9. Chan Van Tho. Industrialization in the Asia-Pacific era // Society. 2018. No. 9. P. 106-123.
10. Tran Thi Lien Huong. Economic Growth and Social Security in Thailand – Lessons Learned for Vietnam // State Organization. 2020. No. 8. P. 50-58 .
INTERNATIONAL PRIVATE LAW
SARAFANOVA Polina Leonidovna
logistics of the Darby Co. Ltd, St. Petersburg
RUSSIAN-CHINESE TRADE COOPERATION UNDER SANCTIONS PRESSURE: DEVELOPMENT PROSPECTS
Russian-Chinese trade cooperation in 2023 has reached unprecedented historical levels of cooperation and depth, and it is the maintenance of the growth rate of foreign economic relations with China that is the guarantor and key to the stable development of the national economy. Therefore, scientific analysis of the prospects for the development of cooperation is important for the formation of long-term strategies for interaction. The object of the study is the international economy. The subject of the study is Russian-Chinese trade cooperation. The purpose of the study is to present a reasonable forecast about the prospects for its development, based on a heuristic analysis of the historical and current state of Russian-Chinese trade cooperation. It is concluded that China is interested in economic cooperation with a reliable partner, the reliability of which is determined by the mutual historical experience of cooperation between countries. In the eyes of the Chinese leadership, it is President V.V. Putin who is still the guarantor of the Chinese-Russian partnership, so any political upheavals within China’s closest geopolitical partner could negatively affect the relationship between the countries. Hence, it becomes important to continue the course taken towards national sovereignty and maintain the existing political course in Russian foreign policy.
Keywords: export, import, foreign economic activity, direct investment , trade cooperation.
Article bibliographic list
1. Maglinova T. G. Development of Russian-Chinese relations on the example of the Far East / T. G. Maglinova // Notes scientist. – 2021. – No. 8. – P. 376-379. – EDN SVWFOQ.
2. Cadier D. The geopoliticisation of the EU’s Eastern Partnership //The European Union and Its Eastern Neighbourhood. – Routledge, 2021. – P. 77-99.
3. Lardy N. R. , Subramanian A. Sustaining China’s economic growth after the global financial crisis. – Peterson Institute, 2011.
4. Gallagher K. S., Qi Q. Chinese overseas investment policy: Implications for climate change // Global Policy. – 2021. – T. 12. No. 3. – P. 260-272.
5. Qu S. Research of the current situation and problems of cooperation between Northeast China and the Russian Far East against the background of the “strategy of turning to the East” // Discussion. – 2024. – No. 1 (122). – P. 47-52. – DOI 10.46320/2077-7639-2024-1-122-47-52. – EDN ASGQGV.
EUROPEAN LAW
CHUMYCHKIN Alexander Anatoljevich
competitor of Integration and European law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
REFORM OF THE CONTROL MECHANISM IN THE AREAS OF EXTRACTION AND CONSERVATION OF MARINE BIOLOGICAL RESOURCES IN THE EUROPEAN UNION: LEGAL ASPECT
This article is an analysis of Regulation (EC) No 2023/2842 of the European Parliament and of the Council of 22 November 2023, which introduces comprehensive changes to the European Union control system for fishing activities and the subsequent sale of its products. The article substantiates the relevance of changes in the legal regulation of this area within the framework of the EU Common Fisheries Policy. The author analyzed the goals, structure and key provisions of the specified Regulations, and outlined the main directions of the proposed reform of the control system. During the analysis, the author paid special attention to his novelties. The conclusion is made regarding changes in the legal regulation in the system of control over the extraction and conservation of marine biological resources, as well as the subsequent sale of fishing products (including their transportation, processing), after the entry into force of the Regulations , which is based on the statement of expansion and strengthening said controls, supported by the introduction of new technologies and the application of uniform control provisions to fisheries and aquaculture products originating both within the EU and outside it.
Keywords:European Union, legal regulation, Common Fisheries Policy, control system; fishing products, marine biological resources, fishing.
Article bibliography
1. Bekyashev D.K., Bekyashev K.A. International legal issues of combating illegal fishing. Monograph. – M.: Prospect Publishing House, 2015. – 497 p.
2. Bekyashev D.K., Smolnikova N.A., Laeva A.O. Legal aspects of cooperation between the European Union and third countries in the field of fisheries // ADVANCES IN LAW STUDIES. – 2021. – No. 9 (2). – P. 36-40.
3. Bocharova E. V. The main stages of the development of the common fisheries policy of the European Union // Modern law . – 2014. – No. 5. – P. 136-144.
4. Gutsulyak V. N. International Maritime Law: (public and private). – M.: Phoenix, 2006. – 410 p.
5. Kashkin S. Yu., Chetverikov A. O. European Union: Fundamental Acts as amended by the Lisbon Treaty with comments [Electronic resource]. – Access from the reference and legal system “Consultant Plus”.
6. Berg A . Implementing and Enforcing European Fisheries Law: The Implementation and Enforcement of the Common Fisheries Policy in the Netherlands and in the United Kingdom. – Martinus Nijhoff Publishers, 1999. – 334 p.
7. Churchill R., Owen D . The EC Common Fisheries Policy. – Oxford: Oxford University Press, 2010. – 640 p.
8. Symmons C. R. Selected Contemporary Issues in the Law of the Sea. – Martinus Nijhoff Publishers, 2011. – 360 p.
THEORY OF STATE AND LAW
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, associate professor of Justice sub-faculty of the Penza State University
ANALYSIS OF LEGALLY SIGNIFICANT CONSEQUENCES IN LEGAL RELATIONS
In the context of progressive development of legislation and society today, it is undoubtedly necessary to analyze legally significant consequences both from the point of view of available scientific theoretical-oriented research, and, for example, relevant judicial practice, which allows to illustrate the importance of studying legal consequences for the development of national legislation of the Russian Federation. The article analyzes the peculiarities of the emergence and development of legally significant consequences, in cases not related to a thorough and in-depth analysis of forecasting changes in the situation by subjects of legal relations. The differentiated component of the emergence and change of legal consequences for subjects of legal relations is considered, and a possible classification of legally significant consequences in legal relations is presented.
Keywords: legal relations, lawful actions, hostile actions, legally significant consequences, the will of the subject, legal fact, judicial practice.
Article bibliographic list
1. Volkova V. R. Legal consequences: essence and implementation // Law and law. – 2023. – No. 11. – P. 20-22. – DOI: 10.24412/2073-3313-2023-11-20-22.
2. Grishaev S. P., Bogacheva T. V., Sweet Yu. P. Article-by-article commentary to the Civil Code of the Russian Federation. Part one // SPS ConsultantPlus. – 2019.
3. Theory of state and law: course of lectures / edited by V. V. Grib, V. Yu. Panchenko . – Moscow: Prospect, 2023. – 656 p. – ISBN 987-5-392-38506-5.
4. Shershenevich G. F. Selected. T. 4 including the General Theory of Law / Introduction. word, compiled by: P. V. Krasheninnikov. – M.: Statut, 2016. – 752 p. – ISBN 978-5-8354-1260-0 (in translation). ISBN 978-5-8354-1259-4 .
5. Regelsbеrgеr F. Pandekten. Verlag von Duncker & Humblot. – T. I. – 1893. – 629 p. Document code in the NEL 000199_000009_004464711.
THEORY OF STATE AND LAW
GAYDAY Mariya Konstantinovna
Ph.D. in sociological sciences, associate professor, professor of Socio-economic disciplines sub-faculty of the Pedagogical Institute of the Irkutsk State University
GROZIN Sergey Yurjevich
Ph.D. in Law, associate professor, professor of State legal disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk
POROKHOVAYA Darya Eduardovna
Inspector of Public Order Protection of the East Siberian LU of the Ministry of Internal Affairs of Russia on transport
PREVENTION OF CONFLICTS AS ONE OF THE WAYS OF CONSTRUCTIVE COMMUNICATION IN THE FIELD OF EDUCATION
The article raises the question of the need to form a comfortable educational environment in a modern school, based on constructive communication between all participants in educational relations. One of the important aspects of the formation of constructive communication, the authors see the prevention of conflicts in the school environment. The problem of predicting options for the development of a conflict situation as preventing the aggravation of the conflict and its transition to a higher level is posed.
Keywords: conflict, school conflict, conflict prevention, constructive communication.
Article bibliography
1. Denisova O. G. Scientific forecasting of social conflict: theoretical approaches and methods // International Journal of Humanities and Natural Sciences. – 2020. – No. 1-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nauchnoe-prognozirovanie-sotsialnogo-konflikta-teoreticheskie-podhody-i-metody (date of access: 02.03.2024).
2. Kirsanova V. G . Teaching the school collective constructive methods of communication // Social pedagogy. – 2015. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obuchenie-shkolnogo-kollektiva-konstruktivnym-metodam- kommunikatsii (date of access: 04.03.2023).
3. Kuzina S. I., Romanova V. A. Fostering a Culture of Non-Violence in the Educational Process as Ensuring the Spiritual Security of Russian Society // State and Municipal Administration. Scientific Notes. – 2015. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vospitanie-kultury-nenasiliya-v-obrazovatelnom-protsesse-kak-obespechenie-duhovnoy-bezopasnosti-rossiyskogo- obschestva (date of access: 05.03.2024).
4. Ryabinina E. V., Ivanov A. V. Stimulating conflicts in the work collective // Bulletin of the Shadrinsk State Pedagogical University. – 2018. – No. 3 (39). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stimulirovanie-konfliktov-v-trudovom-kollektive (date of access: 05.03.2024).
5. Tokareva A. A. Conflicts in the teaching staff: problems and solutions // Bulletin of Science and the likeActiki. – 2020. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konflikty-v-pedagogicheskom-kollektive-problemy-i-puti-resheniya (date of access: 02.04.2024).
THEORY OF STATE AND LAW
GUSEVA Galina Viktorovna
Ph.D. in economical sciences, senior lecturer of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
GRIGORJEV Egor Nikolaevich
student of the 4th course of the Baikal State University, Irkutsk
ON THE ISSUE OF APPROACHES TO THE DEFINITION OF “STATE”: HISTORICAL AND LEGAL ASPECT
The article analyzes the history of the formation of approaches to understanding the term “state”, its evolution in the historical and legal context through division into historical peri-ods. The existing approaches in classical and modern scientific doctrine to the concept of the category “state” are noted. The main characteristics of the concept “state” are determined.
The authors note that throughout the history of the development of the term “state”, un-deniable features of this category have been identified.
Keywords: state, concept of “state, theory of the origin of the state, theory of state and law, history.
Article bibliography
1. Aristotle. Politics / Aristotle; [translated from ancient Greek by S. A. Zhebelev]. – M .: AST, 2023. – 384 p.
2. Butov A. V. The concept of public administration of N. Machiavelli // Bulletin of the Plekhanov Russian University of Economics. – 2016. – No. 6 (90). – P. 174-182.
3. Biryaeva A. V., Sevankaeva V. V. State and Law in the Teachings of John Locke // Contentus. – 2017. – No. 12 (65). – P. 9-14.
4. Montesquieu Sh. On the Spirit of Laws / Montesquieu Sh; [translated from French by A. G. Gornfeld]. – M .: AST, 2022. – 864 p.
5. Grigoriev E. N. European and Russian ideologists of the concept of “enlightened absolutism” // Problems of the Formation of Civil Society: collection of articles of the IX International Scientific Student Conference, Irkutsk, March 19, 2021. Volume Part I. – Irkutsk: Irkutsk Law Institute (branch) of the Federal State Budgetary Educational Institution of Higher Education “University of the Prosecutor’s Office of the Russian Federation”, 2021. – P. 33-38.
6. Dlugach TB Three portraits of the Enlightenment. Montesquieu. Voltaire. Rousseau (from the concept of enlightened absolutism to theories of civil society). – M .: IF RAS, 2006. – 251 p.
7. Goncharov PK Social state: essence, world experience, Russian model // Social and humanitarian knowledge. – 2000. – No. 2. – P. 18-36.
8. Kornakova S. V., Chigrina E. V. Inadmissibility of arbitrary interference in family affairs by state bodies and officials through the prism of social patronage // Baikal Research Journal. – 2016. – Vol. 7. No. 4.
9. Chernysheva Yu. B. The place of the social function of the state in the system of functions of the state: theoretical and conceptual foundations of the study // Education and Law. – 2023. – No. 1. – P. 53-61.
10. Korkunov N. M. Lectures on the General Theory of Law. – Moscow: Yurait, 2024. – 352 p.
11. Carneiro R. L. Theory of the Origin of the State / Ed. by L. E. Grinin [et al.]. — Volgograd: Uchitel, 2006. — P. 55-70.
12. Bukhantsov V. V., Komarova M. V., Chebunin V. P. Theory of the Origin of the State by L. R. Carneiro in the Context of Understanding and Teaching Political Science Problems in Higher Education // Bulletin of the Irkutsk State University of Economics. — 2015. — Vol. 25. No. 4. — P. 722-727.
13. Shaburov A. S. State and Statehood: Relationship Issues // Bulletin of the Irkutsk State University of Economics. – 2012. – No. 3. – P. 126-130.
14. Gulyaev T. R. Problems of international law: abuse of diplomatic privileges and immunities // III Baikal Legal Forum: Materials of international scientific and practical conferences and competition for young scientists, Irkutsk, October 4-6, 2023. – Irkutsk: BSU Publishing House, 2023. – P. 455-459.
THEORY OF STATE AND LAW
DUDKO Georgiy Nikolaevich
lawyer, managing partner of the bureau “Dudko and Partners”, postgraduate student of Theory state and law sub-faculty of the Saratov State Law Academy
THE PURPOSE AND OBJECTIVES OF CASUAL INTERPRETATION
The article draws a correlation between the categories “purpose” and “objectives” of casual interpretation. The author draws attention to the fact that the intended purpose of the casual interpretation of the norm is the accumulation of typical and atypical elements of the legal implementation process. It is established that the purpose of casual interpretation is to clarify the meaning of the content of a rule of law in relation to a specific situation that requires an individual approach. Based on this, four objectives of casual interpretation of a legal text are defined. As a result, it is concluded that the purpose and objectives of casual interpretation are closely related, and therefore cannot be implemented separately from each other.
Keywords: interpretation of law, casual interpretation, purpose of casual interpretation, objectives of casual interpretation, interpretation, interpretive activity, case.
Article bibliography
1. Alekseev S. S. Problems of the Theory of Law: Lecture Course. Vol. 2. – Sverdlovsk, 1973.
2. Vas’kovsky E. V. Civilistic Methodology. Theory of Interpretation and Application of Civil Laws. – Moscow, 2002.
3. Voplenko N. N. Official Interpretation of Legal Norms. – M., 1976.
4. Gavrilova Yu. A. Law enforcement practice: features of meaning formation // Journal of Russian Law. – 2018. – No. 5. – P. 46-53.
5. Gavrilova Yu. A. The meaning of law: philosophical and legal problems of defining the concept // Power. – 2013. – No. 2. – P. 121-123.
6. Kulapov V. L., Arkhipova E. Yu. Theoretical foundations of judicial and prosecutorial activity: in 2 parts: textbook. Part 1. – Saratov, 2020.
7. Kulikov M. A. Dialectics of goals and means: philosophical foundations for studying the effectiveness of legal regulation // Law in the modern world. – 2022. – No. 1 (62). – P. 52-62.
8. Lazarev V. V. Gaps in Law and Ways to Eliminate Them. – M., 1974.
9. Mikhailovsky I. V. Essays on the Philosophy of Law. Vol. 1. – Tomsk, 1914.
10. Pigolkin A. S. Interpretation of Normative Acts in the USSR. – M., 1962.
11. Plakhtiy N. A. Case as a Phenomenon of State-Legal Reality: Problems of Cognition // Second International Theoretical and Legal Readings named after Professor N. A. Pyanov. – Irkutsk, 2021. – P. 80-86.
12. Sumenkov S. Yu. The Ability of Law to Abstract and Concrete as Its Most Important Functional Characteristic // History of State and Law. – 2023. – No. 1. – P. 14-19.
13. Tarbagaev A. N. Concept and purposes of criminal liability. – Krasnoyarsk, 1986.
14. Terekhov E. M. Analysis of the target component of law interpretation activity // Legal paradigm. – 2017. – Vol. 16. No. 3. – P. 52-57.
15. Chertkova Yu. V. Problems of judicial lawmaking in history and modernity // Scientific notes of the Crimean Federal University. Series “Legal Sciences”. – 2015. – No. 1. – P. 255-261.
THEORY OF STATE AND LAW
YEZHIKOVA Svetlana Ivanovna
legal adviser of the notary office of notary Igor Borisovich Shchebunyaev, postgraduate student of the Pen za State University
LEGAL ORDER AND SPECIAL LEGAL ORDER: ASPECTS OF THE RELATIONSHIP
The article examines the categories of legal order and special legal order in the context of their relationship. The author analyzes various theoretical and legal concepts related to the problems of improving the legal order. A characteristic of the legal order and a special legal order is carried out, the signs and aspects of practical implementation are revealed. The necessity of scientific research of a special legal order is substantiated, promising directions of its study are determined. It is concluded that the emergence of a special legal order is due to the presence of special factors closely related to such a feature as the most detailed regulatory specification and regulation.
Keywords: legal order, special legal order, legality, lawful behavior, law and order, legal regime
Article bibliographic list
1. Borisov V. V. The legal order of Soviet society and ways to strengthen it // Issues in the theory of state and law : Sat. Art. Saratov. – 1971. – P. 51-56.
2. Dahl V. I. Explanatory Dictionary of the Living Great Russian Language in 4 Volumes. Volume 2. – Moscow, 2000. – 584 p.
3. Zaitseva E. S. Interpol’s Activities to Counter Terrorism as a Contribution to Strengthening the International Legal Order: Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2008. – 25 p.
4. Ilyin I. A. Theory of State and Law. – Moscow: Zertsalo, Garant, 2003. – P. 388.
5. Afanasyev V. S. Legality and Law and Order // Theory of Law and State / edited by V. V. Lazarev. – M.: Jurist, 2001. – P. 297 @@ Mukhaev R. T. Theory of State and Law. – M.: Unity, 2005. – P. 508.
6. General Theory of Law and State: textbook / Ed. by V. V. Lazarev. – 3rd ed., revised and enlarged. – M.: Jurist, 2001. – 520 p.
7. Repyev A. G. Special Legal Procedure in the System of Legal Advantages // Bulletin of Tomsk State University. Law. Tomsk: Tomsk State University. – 2019. – No. 34. – P. 21-28.
8. Saulyak O. P. Law and Order as a Factor in Ensuring the Stability of the Legal System // Law. Order. Values: monograph / Under the general editorship ofunit E. A. Frolova. – M .: Prospect, 2022 .– 688 p.
9. Sayushkina E. V. On the concept of a special order of Russian criminal proceedings // Gaps in Russian legislation. – 2016. – No. 1. – P. 138-140.
10. Sumenkov S. Yu. Lawful behavior as a substantive basis of the rule of law // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (53). – P. 58-61.
11. Sumenkov S. Yu. Definition of “as an exception”: features of normative use // Bulletin of the Voronezh State University. Series: Law. – 2011. – No. 1. – P. 101-110.
12. Ushakov D. N. Large explanatory dictionary of the modern Russian language: 180,000 words and phrases. – M.: Alta-Print, 2008. – 1239 p.
13. Legal encyclopedic dictionary. Responsible. editor M. N. Marchenko. – M.: Prospect, 2006. – 809 p.
14. Vasiliev M. A. Legal categories: methodological aspects of developing a system of categories of the theory of law: monograph. – M.: Norma: INFRA-M, 2024. – P. 74.
THEORY OF STATE AND LAW
PRONINA Kseniya Yurjevna
Ph.D. in Law, lecturer of Philosophy and history sub-faculty of the Faculty of Law of the Academy of the FPS of Russia, Ryazan
PECULIARITIES OF LEGAL CONSCIOUSNESS OF CIVIL SERVANTS: EMPIRICAL ANALYSIS
The article examines the structure of legal consciousness, including legal knowledge, evaluative attitude to the law and behavioral attitudes of the individual, and also analyzes the data of the author ‘s survey of civil servants and citizens who are not civil servants regarding certain aspects of legal consciousness. It is emphasized that the questions in the questionnaire were conditionally divided into 3 groups in accordance with the structure of legal consciousness. The first block of questions is aimed at identifying the level of awareness of citizens and civil servants in the legal sphere, the second – at studying the evaluative and psychological side of legal consciousness, the third block of questions is related to the individual’s readiness for lawful behavior. It is noted that the legal consciousness of civil servants and citizens has both common and distinct features.
Keywords: law, legal consciousness, civil service, civil servants.
Article bibliography
1. Bainiyazov R. S. Legal consciousness and legal mentality in Russia: dis. … Doctor of Law. – Saratov, 2006. – 349 p.
2. Dobrobaba M. B. Legal consciousness of a civil servant: concept and significance for ensuring the effectiveness of disciplinary liability // Legal Bulletin of the Kuban State University. – 2021. – No. 2. – P. 58-68.
3. Morozevich V. S. The impact of legal consciousness on the legal behavior of an individual // Bulletin of the Volgograd State Pedagogical University. – 2008. – No. 1 (25). – P. 52-55.
4. Pronina K. Yu. Legal nihilism of civil servants in Russia: theoretical and legal aspect: dis. … candidate of legal sciences. – M., 2023. – 229 p.
5. Safronov V. V. Legal consciousness of a citizen: dis. … candidate of legal sciences. – Krasnoyarsk, 2004. – 242 p.
6. Selezneva E. V. Ideas of Russian civil servants about the value of public service // Public administration. Electronic bulletin. – 2023. – No. 96. – P. 88-103.
7. Babaev V. K. [et al.]. Theory of state and law: textbook. for universities / Ed. V. K. Babaeva. 4th ed. reworked and additional – M., 2023. – 582 pp.
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
THE CIVIC POSITION OF THE INDIVIDUAL IS THE BASIS OF DEMOCRACY
The article analyzes the civic position of an individual as the foundation of Russian democracy. It is pointed out that the concept of “citizenship” is insufficiently developed. The author explores this category as an integrative quality of personality, focusing on the legal characteristics of this institution. The subject of the study was also the structural elements of the civil position and its legal foundations. The civic position is examined through the prism of countering the ideology of extremism, terrorism and corruption manifestations.
Keywords: citizenship, civic position, social position, democracy, society, state, extremism, terrorism, corruption.
Article bibliography
1. Devitsky E. I. On the content of the principle of balance of public and private interests // Academic Law Journal. – 2024. – Vol. 25. No. 1. – P. 46-53.
2. Korovin E. M., Tikhiy K. V. On the problems of party representation in the composition of precinct electoralcommissions // Baikal Research Journal. – 2023. – Vol. 14. No. 4. – P. 1681-1690.
3. Keshikova N. V. Democratic foundations of the procedure for the formation of state bodies in Russia // Izvestiya IGEA. – 2007. – No. 1. – P. 53-57.
THEORY OF STATE AND LAW
STRAKHOV Igor Andreevich
researcher of academic degree of Fundamental jurisprudence and international law sub-faculty of the G. B. Mirzoev Russian University of Advocacy acy and Notary
IDEAS ABOUT THE “MODERN STATE” AND ITS TYPES: PROBLEM STATEMENT
In this article, an attempt is made to systematize the ideas existing in legal science about the modern state and its types. In today’s stream of scientific and educational literature, there are various author’s views on the modern state. However, these, as a rule, well-known views are not limited to views on the modern state. Moreover, today’s interest in the modern state and its transformation in connection with the current geopolitical and national-historical processes is reviving again. The problem lies not only in the limited and unsystematic ideas about the modern state, interest in which was lost at one time, but also in the emergence of new, previously non-existent modifications of the modern state in the world. Despite the common and largely identical ideas of researchers, modern science, nevertheless, in its problem field considers much more diverse types of the modern state than can be seen in the current superficial scientific discourse. It seems that each author sees certain features and key features in his “picture of the state”. At the same time, new characteristics and modifications of the signs of the modern state are emerging, which can change our overall attitude to this phenomenon, and which, in our opinion, can be very interesting and relevant. In our article, as a result of a comprehensive generalization of scientific literature, we tried to systematize the existing scientific ideas about the modern state.
Keywords: state, modern state, quasi-modern state, rule of law, quasi-legal state, electronic state.
Article bibliography
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2. Grinin L. E. 1997-2001. Formations and Civilizations // Journal “Philosophy and Society” from 1997 to 2001 – P. 427-765.
3. Global Geopolitics. Coll. monograph / Edited by I. I. Abylgaziev, I. V. Ilyin, I. F. Kefeli. – M.: Moscow University Publishing House, 2017. – 320 p.
4. Gumplowicz L. General Doctrine of the State. – St. Petersburg, 1910. – 516 p.
5. Golunsky S. A., Strogovich M. S. Abstract of the Theory of State and Law. – M., 1940. – 144 p.
6. Dzodziev V. Problems of Formation of a Democratic State in Russia. – M., 1996. – 303 p.
7. Jellinek G. General Doctrine of the State. – St. Petersburg, 2004. – P. 312.
8. Kravchuk S. S. State and legal relations in the Soviet socialist state // Soviet state and law. –1956. – No. 10. – P.151-154.
9. Kefeli I. F. Philosophy of geopolitics: monograph. – St. Petersburg: Petropolis, 2007. – 207 p.
10. Marxist-Leninist general theory of state and law. Basic institutions and concepts / Ed. G. N. Manov. – Moscow, 1970. – 622 p.
11. Mamut L. S. People in a rule-of-law state. – M.: NORMA, 1999. – 151 p.
12. Morozova L. A. Problems of Contemporary Russian Statehood: A Textbook. — M.: Legal Literature, 1998. – 253 p.
13. Pipes R. Property and Freedom. — M., 2000. – 490 p.
14. Pashukanis E. B. General Theory of Law and Marxism. 3rd edition. — M., 1927. – 136 p.
15. Law and History of Artistic Culture: A Textbook / [A. I. Alekseev, M. M. Rassolov, A. A. Fedorchenko, et al.]; Federal Educational Institution of Higher Professional Education “Russian Law Academy of the Ministry of Justice of the Russian Federation”. – Moscow: RPA Ministry of Justice of Russia, 2012. – 256.
16. Razuvaev N. V. Evolution of the state: socio-anthropological and legal aspects: dis. … doctor of law, – St. Petersburg, 2016. – 605 p.
17. Rakhimov R. A., Khabibulin A. G. State typology: on the issue of the legality of the category // State and Law. – M.: Nauka, 1999. –№ 3. – P.11-20.
18. The Modern State: Philosophical, Socio-Economic and Legal Foundations in the Context of Globalization: Monograph / Edited by Doctor of Economics, Professor, Honored Scientist of the Russian Federation M. A. Eskindarov, – M., 2011. – 160 p.
19. Strakhov I. A. On the Role and Place of Electronic Democracy in the Information Society // State Power and Local Self-Government. – 2022. – No. 11. – P.16-22.
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22. Tikhomirov Yu. A. State: monograph. – M.: Norma. INFRA-M, 2023. – 319 p.
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26. Stahl Friedrich Julius. Die Philosophie des Rechts. 2. Aufl. Db. 2. – Berlin, 1835. – P. 137.
27. Razuvaev N. V. Modern State… P. 228 et seq. @@ State Liability to Private Individuals (Experience of a Comprehensive Study). In 2 volumes / Ed. by L. I. Antonova. Volume 1. State Obligations to Compensate for Damage Caused to Private Individuals. – St. Petersburg, 2012.
28. Kechekyan S. F. Legal relations in a socialist society. – Moscow, 1958 @@ Yampolskaya Ts. A. Subjects of Soviet administrative law. Abstract of a doctor of legal sciences dissertation. – Moscow, 1958 @@ Petrov G. I. Soviet administrative law. General part. – Leningrad, 1960. – P. 101-102 @@ Kotok V. F. Constitutional and legal relations in socialist countries // Jurisprudence. – 1962. – No. 1 @@ Osnovin V. S. Soviet state and legal relations. – Moscow, 1965 @@ Boytsov V. Ya. The system of subjects of Soviet state law. – Ufa, 1972 @@ Vitkyavichus P. P. Civil legal personality of the Soviet state. – Vilnius, 1978 @@ Braginsky M. I. Participation of the Soviet State in Civil Legal Relations. – M., 1981. Bakhrakh D. V. Subjects of Soviet Administrative Law // Subjects of Soviet Administrative Law: Interuniversity Collection of Scientific Papers. – Sverdlovsk, 1985 @@ Arkhipov S. I. Subject of Law. Theoretical Research. – St. Petersburg, 2004 @@ Chirkin V. E. Legal Entity of Public Law. – M., 2007.
THEORY OF STATE AND LAW
TATARU Boris Anatoljevich
adjunct of the Faculty of Training of Scientific and Scientific-pedagogical Personnel of the Academy of Management of the MIA of Russia
INTERPRETATION OF THE CONCEPT OF LEGAL CONFORMITY
The concept of ‘legal conformism’ has long been the subject of academic debate in the field of jurisprudence. Although legal conformism is often regarded as a fundamental principle in legal systems around the world, its interpretation and definition of such a concept, has proven to be complex and multifaceted. This article examines the evolution of the definition of legal conformism and its significance for contemporary legal scholarship.
Our analysis shows that legal conformism is not just a static concept, but a dynamic and context-dependent principle that evolves in response to changes in the social, cultural and political context. The relevance of the topic is due to the little-studied nature of this phenomenon from the position of jurisprudence.
Keywords: conformism, legal conformism, evolution of legal conformism.
Bibliography
1. Robert Paul Wolff, Barrington Moore, Jr., and Herbert Marcuse / A Critique of Pure Tolerance. – Boston: Beacon Press, 1969. – Pp. 95-137.
2. Being and time / Martin Heidegger; Translation [from German] by V.V. Bibikhin. – Moscow: Publishing house. Ad Marginem, 1997. – XI, 451 p.; 22 cm; ISBN 5-88059-021-6 (Translated by): B. c.
3. Baron R., Kerr N., Miller N. Social Psychology of the Group. – St. Petersburg: Piter, 2003. – P. 8.
4. Democracy in America: Trans. from French / Alexis de Tocqueville; Preface by G. J. Laski [pp. 5-22; Comment. by V. T. Oleynik]. – Moscow: Progress, 1992. – 559,[1] p., [8] l. ill.: port.; 25 cm; ISBN 5-01-002688-0 (In translation): B. c.
5. Durkheim E. Elementary forms of religious life. – M .: Delo, 2018 .– P. 52.
6. Kon I. S. Personality as a subject of social relations / I. S. Kon, Dr. Philosoph. sciences. – Moscow: Znanie, 1966 .– 48 p.
7. Philosophy: Encyclopedic Dictionary / Ed. A. A. Ivin. – M .: Gardariki, 2004 .– P. 468.
8. Schopenhauer A. Aphorisms of worldly wisdom. – M.: RIPOL classic, 2016. – P. 65.
THEORY OF STATE AND LAW
TUSHKO Olesya Yurjevna
assistant of Foreign law and comparative law sub-faculty, postgraduate student of Theory and history of state and law sub-faculty of the Institute of Law of the Siberian Federal University, Krasnoyarsk
ON THE IMPACT OF FREEDOM OF SPEECH AND THE RIGHT TO ASSOCIATION ON THE STABILITY OF STATE POWER
Freedom of speech and the right to association are considered by the author as factors affecting the stability of state power. The article analyzes the various points of view of the classics of political and legal thought about their meaning. Freedom of speech and the right to association are important elements of public life that allow the population to interact with the State. Their reasonable limitation is justified, since under certain conditions they can act as destabilizing factors. According to the author, the current Russian legislation makes it possible to ensure the rights of other citizens, peace and harmony in society, and law and order in the state.
Keywords: stability of state power, freedom of speech, right to association, the state, restriction of rights and freedoms.
Bibliographic list of articles
1. Hobbes T. Leviathan, or Matter, form and power of the state, ecclesiastical and civil. – M.: Mysl, 2001.
2. Drobyshevsky S. A. From the classical teachings on politics and law of the 20th century: current ideas of G. Jellinek and D. Easton. – M.: Norma: INFRA-M, 2014 .
3. Drobyshevsky S. A. History of political and legal doctrines: basic classical ideas. – M.: Jurist, 2003.
4. Dyugui L. Constitutional law. General theory of the state. – M.: Printing house of Comrade I. D. Sytin, 1908.
5. Montesquieu Sh. Selected works. – M.: State publishing house of political literature, 1955.
6. Spinoza B. Theological-political treatise. – M.: Academic Project, 2015.
7. Federalist. Political essays of Alexander Hamilton, James Madison, and John Jay. – M.: Progress Publishing Group – Litera, 1993.
THEORY OF STATE AND LAW
ULAEVA Nataliya Lvovna
Ph.D. in Law, associate professor, associate professor of Theory and history of law and state sub-faculty of the Krasnodar University of the MIA of Russia
SYNERGETIC APPROACH AND SYNERGETIC METHODOLOGY AS THE BASIS FOR LEGAL COGNITION AND RESEARCH OF LEGAL REALITY
The article reveals the formation of legal synergetics in the general theory of law, its effectiveness for legal science and practice. Special attention is paid to the basics of the synergetic approach, which determines the methodology of knowledge of law and research of legal reality, contributing to the harmonization, stability and productivity of the legal system. The article reveals the essence of the synergetic methodology that combines the methodological tools of knowledge of law, legal processes and phenomena at the present stage. Attention is focused on the main advantages of the synergetic approach and the synergetic methodology.
Keywords: synergetics, tectology, legal synergetics, theory of law, theory of organized systems, synergetic approach , synergetic methodology, synergetic system, legal system, legal regulation, theory of self-organization, coevolutionary changes, legal synergy.
Article bibliography
1. Vershkov A. . A. Tectology: a modern reading // Economics and Management. – 2008. – No. 1. – P. 40.
2. Knyazeva E. N., Kurdyumov S. P. Foundations of synergetics. Regimes with exacerbation, self-organization , tempoworlds. – SPb.: Aleteya, 2002. – P. 25.
3. Moiseev N. N. Modern rationalism. – M.: MGVP “KOKS”, 1995. – P. 275 @@ Vershkov A. A. Tectology : modern reading // Economy and management. – 2008. – No. 1. – P. 40.
4. Grunina V. V. Synergetic foundations of legal regulation. Diss… Cand. of Law. – Vladimir: Research Institute of the Federal Penitentiary Service , 2006. – P. 4.
5. Yarkova E. N. Features of the application of the synergetic method in legal scientific research. Methodology. – University: MGIMO MFA, 2016 – P. 35. [Electronic resource]. – Access mode: http://leksii.org (date of access: 21.04.2024).
6. Chestnov I. L. Understanding of Law in the Postmodern Era. – St. Petersburg: SPbIVESEP, Znanie Society, 2002 . – P. 112.
7. Kurzanov S. V. The Importance of Synergetics for the Theory of Law // Modern Law. – 2019. – No. 12. – P.16-20.
THEORY OF STATE AND LAW
KHOVANTSEV Alexey Sergeevich
lawyer of the Interregional Bar Association of Moscow (Penza branch “Status”); competitor of Theory of state and law sub-faculty of the Saratov State Law Academy
THE INTENDED PURPOSE OF THE REFERENCE RULES OF LAW
The article examines the goals of reference norms, which can be aimed at achieving both general goals of law and specific attitudes. The article analyzes such general goals as the establishment and maintenance of law and order in society; ensuring the security of the state and the balance of interests of society, the state and the individual; protection and protection of the rights, freedoms and legitimate interests of various subjects, etc. At the same time, the teleological purpose of reference norms is characterized by its own goals, peculiar only to them. It is concluded that the target characteristic of the reference norms may be related to the specification of the operation of the rule of law, the addition of a legal prescription and the establishment of an exception (exception) from a legal rule.
Keywords: reference norms, general goals of the norms of law, specific goals of reference norms, normative legal act, specification, addition, exclusion (withdrawal).
Article bibliographic list
1. Kerimov D. A. Philosophical problems of law. – M.: Mysl, 1972. – P. 45.
2. Kiparisov F. G. Blanket norms of Russian law: dis. …cand. legal Sci. – N. Novgorod, 2021. – 360 p.
3. Kulikov M. A. Legal goals and means as the basis of the mechanism of legal regulation // Moscow Law Journal. – 2022. – No. 2. – P. 27.< br /> 4. Malko A. V., Shundikov K. V. Goals and means in law and legal policy. – Saratov: Publishing house SGAP, 2003. – P. 108.
5. Matuzov N. I ., Malko A. V. Theory of State and Law: textbook. – M.: Jurist, 2003. – P. 284.
6. Nozdrachev A. F. Regulatory acts of ministries and departments of the USSR: author’s abstract. diss. … Cand. of Law. – M., 1968. – P. 14.
7. Oleynik P. A. Personality. Democracy. Legality. – M.: Jurid, litera, 1981. – P. 86-87.
8. Perepletchikova A. I. On some features of concretization norms of Russian law // Legal Culture. – 2018. – No. 3 (34). – P. 120.
9. Pigolkin A. S. Interpretation of normative acts of the USSR . – M.: Gosyurizdat, 1962. – P. 17.
10. Shundikov K. V. Goals and means in law (general theoretical aspect): dis. … candidate of legal sciences. – Saratov, 1999. – P. 8.
HISTORY OF STATE AND LAW
LONSHAKOV Anton Alexandrovich
adjunct of State and legal disciplines sub-faculty of the Academy of Management of the MIA of Russia
THE POLITICAL AND LEGAL SIGNIFICANCE OF THE ORGANIZATION OF THE ACTIVITIES OF MILITIA FORMATIONS DURING THE CAUCASIAN WAR OF 1817-1864
The article is devoted to the political and legal significance of the activities of the militia units that took part in the Caucasian War of 1817-1864. The role of the Caucasian militias in the annexation of the North Caucasus to the Russian Empire and the spread of the political and legal order of tsarist Russia among the North Caucasian tribes is considered. The author concludes that the militia formations in the Caucasian War played an extremely important role, forming an armed opposition to the regime of Imam Shamil, as well as the first military and police formations that began to serve under the jurisdiction of the tsarist government of the Russian Empire.
Keywords: the state, the North Caucasus, the Caucasian War of 1817-1864, militia formations.
Article bibliographic list
1. Amirov R. Z. Police functions of the army of the Russian state, XVIII – first quarter of the XIX century: dis. …cand. legal Sciences: 12.00.01. – Moscow, 1996. – 194 p.
2. Borisov A.V., Malygina A.Ya., Mulukaev R.S. Three centuries of Russian police. – M.: RIPOL classic, 2016. – P. 425-441.
3. Gapurov Sh. A., Gapurova M. Sh., Saralieva L. Sh. Political situation in Chechnya in the first half of the 60s . XIX century. // Bulletin of the Academy of Sciences of the Chechen Republic. Academy of Sciences of the Chechen Republic. – 2006.
4. Kantyshev R. Kh. Toy Kantyshev. Service to the Fatherland. – Rostov-on-Don: Southern Publishing House, 2023. – 115 pp.
5. Lapin V.V. The Russian Army in the Caucasian War of the 18th-19th centuries. / St. Petersburg Institute of History, Russian Academy of Sciences, European University in St. Petersburg. – St. Petersburg: European House, 2008. – 396 p.
6. Makarov G. A. History of the development of the police and gendarmerie in The North Caucasus in the second half of the 19th – early 20th centuries: Based on materials from Stavropol and Kuban: diss. … Cand. of History: 07.00.02. – Pyatigorsk, 2005. – 153 p
7. Pozharsky D. V. Protective function of the state (theoretical and methodological problems): dis. … Doctor of Law: 12.00.01. – M., 2015. – P. 119.
8. Skipsky G. A., Mikheeva S. . N. Features of the organization of activities of the police of the Russian Empire in the national outskirts: monograph; Ural Legal Institute of the Ministry of Internal Affairs of Russia, 2021. – 88 p.
HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty of the Institute of law of the Ufa University of Science and Technology
NEKRASOV Anton Igorevich
magister student of the 1st course, specialty “International Relations: European and Asian Studies” of the Faculty of World Economics and World Politics of the National Research University “Higher School of Economics”»
ON THE QUESTION OF FRANCE’S FOREIGN POLICY COURSE IN THE 1920S AND 1930S (PART 3)
The article deals with the main problems of the consistency of France’s foreign policy in the 1920s and 1930s. The article also investigates the role of prime ministers and foreign ministers in the decision-making process during the fundamental events of the mentioned period: The Paris Conference, The Genoa Conference, The Locarno Conference, The Four-Power Pact, bilateral and multilateral treaties in the field of security and cooperation. The results of the activities of politicians such as Georges Clemenceau, Raymond Poincare, Aristide Briand, Joseph Paul-Boncour, Louis Barthou and Pierre Laval are analyzed.
Keywords: France, foreign policy, The Treaty of Versailles, Germany, international relations, twentieth century.
Article bibliography
1. Borisov A. Yu., Kleymenova N. E., Narinsky M. M., Sidorov A. Yu. History of international relations. The interwar period and the Second World War. In 3 volumes. Moscow, 2017. Vol. 2. 496 p.
2. Wormser G. La Republique de Clemenceau. Paris, 1961. 522 p.
3. Documents of the foreign policy of the USSR. M., 1961. Vol. 5. 786 p.
4. White S. The Origins of Detente: The Genoa Conference and Soviet-Western Relations, 1921-1922. Cambridge, 1985. 255 p.
5. Belousova Z. S. France and European Security 1929-1939. Moscow: Nauka, 1976. 418 p.
6. Gafurov B. G. The Locarno Treaty between Germany, Belgium, France, Great Britain and Italy. 16 October 1925. Reader on modern history. In 3 volumes. Moscow, 1960. Vol. 1. 799 p.
7. Marchenko M. N. Ideas of pan-Europeanism in the first half of the twentieth century. // Bulletin of Moscow University. Episode 11. Law. 2008. No. 4. pp. 4-13.
8. Soutou G.-H. La France, l’URSS et l’ère de Locarno, 1924-1929. L’URSS et l’Europe des années 20. Sous la dir. de M. Narinski, E. du Réau, G.-H. Soutou, A. Tchoubarian. Paris: Presse de l’Universite de Paris-Sorbonne. 2000. P. 67-90. (in French).
9. Documents of the foreign policy of the USSR. M., 1970. T. XVI. 920 p.
10. Code telegram of the People’s Commissar for Foreign Affairs of the USSR M. M. Litvinov to the People’s Commissariat of Foreign Affairs of the USSR with the text of the Geneva Protocol on issues related to negotiations on the Eastern Pact // B. N. Yeltsin Presidential Library. [Electronic resource] . – Access mode: https://www.prlib.ru/item/1296368 (date of access: 22.02.2024).
11. Documents on British Foreign Policy. L., 1976. Ser. 2. V. XV. 862 p.
12. Gromyko A. A. History of diplomacy. M., 1965. Vol. 3. 831 p.
13. Nesterova T. P. France and the attempt to resolve the Italo-Ethiopian conflict at the end of 1935: the Hoare-Laval plan // Scientific dialogue. 2020. No. 8. P. 398-411.
14. Kravchenko A. A. Italian aggression against Abyssinia and the Khora-Laval plan // Bulletin of Tambov State University. Series: Humanities. 2010. Issue 5. P. 156-161.< br /> 15. Magadeev I. E. German policy in the 20s of the twentieth century in light of the lessons of the First World War // Bulletin of MGIMO-University. 2014. No. 4 (37). P. 35-44.
16. Vershinin A. A. Contradictions of the collective security model: modern historiography on the evolution of the Versailles system of international relations in the 1930s // Bulletin of MGIMO-University. 2022. No. 15 (2) . P. 108-140.
17. Arshintseva O. A., Glushkov A. E. Locarno, 80 years ago // Bulletin of the Altai State University. 2005. No. 4. P. 7-11.
HISTORY OF STATE AND LAW
ROGALEV Alexander Andreevich
adjunct of the Faculty of Training of Scientific, Pedagogical and Scientific Personnel of the V. Ya. Kikot Moscow University of the MIA of Russia
PROVISION OF ASSISTANCE BY CHINESE NATIONALS TO THE POLICE OF THE PRIAMURSKY GOVERNOR-GENERAL’S OFFICE IN ITS ACTIVITIES TO PROTECT PUBLIC ORDER AND COMBAT CHINESE BANDITRY (SECOND HALF OF THE XIX – EARLY XX C.)
The article is devoted to the study of assistance of Chinese nationals to the Russian police in protecting public order and combating Chinese crime in the Priamursky Governorate-General in the late XIX – early XX centuries.
The peculiarity of the social structure of the Chinese society of the existence of closed, self-governing public associations headed by elected chiefs allowed the Chinese criminal element to hide from Russian justice, which made it difficult and often impossible to fight Chinese crime without involving the Chinese themselves.
The author distinguishes two forms of assistance of Chinese nationals to the Russian police. The first form consisted in direct participation, when the local authorities empowered Chinese chiefs and Chinese merchant societies to protect law and order by establishing positions of Chinese detectives (dozens of investigators). The second form was indirect participation through the financing by the Chinese subjectsof the addition of additional personnel units of the city police at their request.
Keywords: Chinese subjects, police, public order, ethnic crime, facilitation, Russian Far East.
Article bibliography
1. On the composition and structure of the district and city police department // SZ RI. – V. 2. – No. 60310.
2. Copy of the note of the committee under the Governor-General of Eastern Siberia to determine the reasons for the formation of robber gangs in the South Ussuri region dated July 31, 1869 // RGIA. – F 1315. – Op. 1. – D. 6. – L. 25.
3. Rules “On the improvement of the Chinese population in the Amur region” dated March 8, 1887 // RGIA DV. – F. 28. – Op. 1. – D. 96. – L. 30.
4. List of Chinese elders in the city of Vladivostok // RGIA. – F. 28. – Op. 1. – D. 88. – L. 28.
5. On the actions of the Chinese authorities in relation to persons located on Russian territory // AVPRI. – F. 327. – Op. 579. – D. 55. – L. 2.
6. Attitude of the military governor of Primorsky Oblast to the Khabarovsk police master dated January 29, 1907, No. 5110 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 8.
7. Attitude of the Khabarovsk police master to the military governor of Primorsky Oblast dated February 18, 1907, No. 1818 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 29.
8. Attitude of the military governor of Primorsky Oblast to the Khabarovsk police master dated January 19, 1907, No. 9209 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 5–5 ob.
9. The attitude of the Primorsky Governor-General to the military governor of the Primorsky region dated March 14, 1909, No. 2372 // RGIA DV. – F. 1. – Op. 1. – D. 1792. – L. 36.
10. A copy of the attitude of the Police Department for the 2nd office work to the Primorsky Governor-General dated February 5, 1914, No. 22460 // RGIA DV. – F. 1. – Op. 1. – D. 1950. – L. 5–5 rev.
11. The attitude of the Vladivostok police chief to the military governor of Primorsky Oblast dated April 6, 1915, No. 1357 // RGIA DV. – F. 1. – Op. 1. – D. 1987. – L. 15 rev.
12. Petition of the Chinese subject Wang-i-siyu, residing in the city of Vladivostok on Semenovsky Pokos Street, house No. 12, to the bailiff of the 3rd section of the city of Vladivostok dated February 8, 1912 // RGIA DV. – F. 1. – Op. 1. – D. 1928. – L. 1.
13. The attitude of the Police Department for the 2nd office to the Primorsky Governor-General dated April 6, 1912, No. 10875 // RGIA DV. – F. 1. – Op. 1. – D. 1928. – L. 5.
14. Chinese police of Vladivostok // Main Directorate of the Ministry of Internal Affairs of Russia for Primorsky Krai: official. website. [Electronic resource]. – Access mode: https://25.мвд.рф/news/item/13496911 (date of access: 10.02.2023).
CONSTITUTIONAL LAW
ABDURAKHMANOVA Elina Khalidovna
magister student of Constitutional and international law sub-faculty of the Institute Law of the Dagestan State University, Makhachkala
SARKAROVA Dzhamilya Salikhovna
Ph.D. in political sciences, associate professor of Constitutional and international law sub-faculty of the Institute Law of the Dagestan State University, Makhachkala
SOME PRINCIPLES OF INTERACTION BETWEEN THE STATE AND RELIGIOUS ORGANIZATIONS AS PREREQUISITES FOR THE REALIZATION OF THE RIGHT TO FREEDOM OF CONSCIENCE AND RELIGION
This article examines the constitutional principles of interaction between the Russian state and religious associations as prerequisites for the realization of the right to freedom of conscience and religion. The authors analyzed the amendments to the Constitution of Russia in 2020, according to which the first mention of God appeared in the text of the Basic Law of the country and their impact on the right to profess any religion or not to profess any. The peculiarities of the implementation of the principle of a secular state against the background of active state support for religious organizations representing the interests of followers of traditional religions are also considered.
Keywords: freedom of science and religion, religious organizations, constitutional principles, secular state.
Article bibliography
1. Rumyantsev O. G. From the history of the creation of the Constitution of the Russian Federation. Constitutional commission: transcripts, materials, documents (1990-1993). – M .: Wolters Kluwer, 2007. – P. 320.
2. Osavelyuk A. M. Reflections on the secular state (in light of the 2020 changes in Constitution of Russia) // Current issues of Russian law. – 2020. – No. 8. – P. 33.
3. Shustrov D. G. The essence of the Constitution: main theories: a tutorial. – M.: Yurlitinform, 2017. – P. 25.
4 . Holmes S., Lucky K. Passions for combining // Constitutional law: East European review. – 1994. – No. 4-5. – P. 21.
5. History of political and legal doctrines: Textbook for universities / Under General editor: Academician of the Russian Academy of Sciences, Doctor of Law, Professor V. S. Nersesyants. – 4th ed., revised and enlarged. – M.: Norma, 2004. – P. 128.
6. Bulavina M. A. On the issue of the legal content of the concept of “secular state” // News of MSTU “MAMI”. – 2014. – No. 2. – P. 166.
7. Agafonova A. A. Implementation of the principle of a secular state in Russia: current state and development prospects // Bulletin of Tomsk State University. – 2012. – No. 2. – P. 5.
8. Avakyan S. A. Constitutional Law of Russia. Study course: study guide: in 2 volumes. Volume 1. – 7th ed., revised and enlarged. – Moscow: Norma: INFRA-M, 2022. – P. 187.
CONSTITUTIONAL LAW
ALEXANDROV Grigory Dmitrievich
postgraduate student of the Institute of Economics, Management and Law of the Moscow City Pedagogical University
CURRENT ASPECTS OF THE LEGAL STATUS OF THE MOSCOW GOVERNMENT
The provisions of the Constitution of the Russian Federation determine the independence of the organization of the system of state authorities of the subjects of the Russian Federation. The status of the city of Moscow as the capital of the Russian Federation and at the same time a city of federal significance imposes certain features on the organization and operation of the system of public authorities in the city of Moscow, where an important place is occupied by a permanent and collegial supreme executive authority that carries out law-making and has a wide range of powers and functions. Since the Government of Moscow creates an effective experience in the organization of public administration, the article examines the essence of its legal status, where, based on the analysis of fundamental concepts, their differences and applicability in relation to the studied area, topical aspects and innovations in the legal status of the Government of Moscow are considered. In the context of solving urgent problems, it is proposed to outline the foundations for determining the uniqueness of the legal status of the Moscow Government in the complex system of urban management of the capital.
Keywords: legal status, Government of Moscow, current aspects, status of Moscow.
Article bibliographic list
1. Bezrukov A. V. Constitutional Law of Russia: a textbook. – M.: Yustitsinform, 2019. – 213 p.
2. Gimazova Yu. V. State and municipal administration: a textbook for universities / Under the general editorship of N. A. Omelchenko. – Moscow: Publishing house Yurait, 2021. – 453 p.
3. Vinogradova E. V., Danilevskaya I. L., Patulin G. S. Executive power in the constitutionalo-legal design of modern Russia. government: status, powers, functions // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. – 2021. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolnitelnaya-vlast-v-konstitutsionno-pravovom-izayne-sovremennoy-rossii-pravitelstvo-status-polnomochiya-funktsii (date of access: 11.04.2024).
4. Zinoviev A. V. Status of People’s Deputy of the USSR (problems of theory and practice). – L .: Leningrad State University, 1987. – 159 p.
5. Kalgina A. A. On the Features of the Status of the City of Moscow as a Subject of the Russian Federation // Bulletin of Economic Security. – 2022. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-osobennostyah-statusa-goroda-moskvy-kak-subekta-rossiyskoy-federatsii (date of access: 17.04.2024).
6. Musinova N. N. Trends in the development of local government in the city of Moscow // Bulletin of the State University of Management. – 2018. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tendentsii-razvitiya-mestnogo-samoupravleniya-v-gorode-moskve (date of access: 04/17/2024).
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Liana Fikretovna
magister student of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
STATE AND CIVIL SOCIETY: FEATURES OF INTERACTION
In the article, the authors reveal the features of interaction between the state and civil society, reveal the essence of this concept and its main features. The article provides a brief explanation of how state and non-state institutions influence the formation of a developed civil society, and how the development of legal culture influences a person. Civil society plays a key role in the organization and functioning of society, the state is responsible for governance, legislation and ensuring public safety, while civil society includes non-governmental organizations, social movements, groups that seek to protect the rights and interests of citizens, make their contribution in the development of society through active participation in public life. A full-fledged civil society is possible when it is in a state of equal partnership and high-quality legal interaction with the state.
Keywords: civil legislation, digital rights, government agencies.
Article bibliography
1. Civil society as a guarantee of political dialogue and counteraction to extremism: key constitutional and legal problems. Collective monograph / Head of the author’s collective and responsible editor S. A. Avakyan. – 2015. – 652 p.
2. Lobakhina E. A., Psareva O. V. Features of the relationship between the state and civil society in Russia // Young scientist. — 2021. — No. 20 (362). — P. 251-254.
3. Teplyashin I. V. Legal means ensuring interaction between civil society and the state. Yenisei political and legal readings collection of scientific articles based on the materials of the XV All-Russian scientific and practical conference. – Krasnoyarsk, 2023. – P. 437-442.
4. Makartsev A. A. On the issue of electoral and legal culture and socio-legal means of improving it // Citizen. Elections. Power. – 2020. – No. 2 (16). – P. 92-105.
CONSTITUTIONAL LAW
AMIRKHANOV Amirkhan Gaydarbekovich
magister student of the 2nd year of full-time education of the Institute of Law of the Dagestan State University, Makhachkala
ALIEVA Z ulfiya Ibragimovna
Ph.D. in Law, associate professor of Constitutional and international law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
LEGAL PROPERTIES OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
The scientific article is devoted to the study of the importance of constitutional principles in the law enforcement activities of the Russian Federation. The article examines the essence and role of the basic constitutional principles, such as the principle of the rule of law, the principle of separation of powers and the principle of inviolability of the constitutional system. The authors analyze the historical context of the formation of these principles, their relationship with international norms of law, as well as their importance for ensuring stability, legality and justice in public administration. Special attention is paid to the practical application of constitutional principles by courts and other judicial bodies, their role in ensuring respect for the rights and freedoms of citizens, as well as ensuring the effective functioning of the rule of law.
Keywords: constitutional principles, law enforcement, the Russian Federation, the rule of law, separation of powers, inviolability of the constitutional system, the rule of law.
Article bibliography
1. Aleshkova I. A. Concept and features of the principles of constitutional law // Law and state: theory and practice. – 2019. – No. 4 (172). – P. 27-33.
2. Dagaev R. R. The role and significance of the constitution // The main trends and principles of the implementation of the provisions of the Constitution of the Russian Federation in various branches of the legal system of the Russian Federation: Materials of the II International scientific and practical conference dedicated to the Day of the Constitution of the Russian Federation, Grozny, December 12, 2019. – Grozny: Chechen State University, 2019. – P. 160-162.
3. Osavelyuk E. A. Principles of constitutional law: concept and types // Bulletin of economic security. – 2021. – No. 6. – P. 132-136.
4. Plotnikova I. N. Place and role of constitutional principles in the system of principles of Russian law // Bulletin of the Saratov State Law Academy. – 2021. – No. 3 (140). – P. 28-37.
5. Paramonov A. V. Practical significance of constitutional principles of law // Actual problems of state and law. – 2020. – T. 4. No. 16. – P. 435-441.
CONSTITUTIONAL LAW
ZHIVODROVA Svetlana Anatoljevna
Ph.D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
FEATURES OF COMBATING CORRUPTION IN PUBLIC SERVICE IN FOREIGN COUNTRIES, USING THE EXAMPLE OF THE UNITED ARAB EMIRATES
The article is devoted to the study of an urgent issue – the development of professionalism of civil servants. The content of normative legal acts regulating the issues of professional development of public servants of the United Arab Emirates (UAE) is analyzed. The official statistical data on the number of civil servants who participated in various competence development programs are presented and analyzed. It is concluded that the development and implementation of a training policy in order to strengthen the potential and competence of employees is the most important means of further development of the state.
Keywords: civil service, regulatory legal acts, professional development, civil servants, succession planning.
Article bibliography
1. Vasilyeva A. G., Gavryushina Ya. V. The role of competence of professional personnel in the quality management system of an organization // Modern management model: problems and prospects: materials of the VI All-Russian (national) scientific and practical conference / Under the general editorship of N. V. Kuznetsova, Yu. V. Litovskaya. – Magnitogorsk: Magnitogorsk State Technical University named after G. I. Nosova, 2022. – P. 79-82.
2. Malkhasyan S. S., Kuvaldina E. A. Difficulties in implementing the corporate governance model “70:20:10” in traditional organizational management structures // International Journal of Humanities and Natural Sciences. – 2022. – No. 4-4 (67). – P. 85-87.
3. Shachnev S. A. Professionalization of civil service: problematic aspects and ways to achieve efficiency // Bulletin of Tula State University. Humanities. – 2019. – No. 4. – P. 3-11.
CONSTITUTIONAL LAW
KUZNETSOV Stepan Anatoljevich
Ph.D. in Law, associate professor, associate professor of State and international law sub-faculty of the M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
THE DIALECTIC OF LOCAL SELF-GOVERNMENT IN RUSSIA: ANALYSIS OF MODERN APPROACHES AND DEVELOPMENT PROSPECTS IN THE CONTEXT OF CONSTITUTIONAL CHANGES
The article deals with modern approaches and development prospects of local self-government in Russia in the light of the latest constitutional changes. The author emphasizes the importance of creating and testing analytical methods for studying regional and municipal features, proposing a transition from traditional binary logic to more complex ternary logic and socio-philosophical dialectics. The paper also analyzes the relations between federal and local authorities, points out the uselessness of criticizing the federal legislator, and emphasizes the importance of global thinking in management. The study aims to identify critical points of integration of local authorities with the subnational level of government and offers preliminary conclusions on this topic.
Keywords: local self-government, regional features, socio-philosophical dialectics, federal legislation, integration, subnational level, constitutional changes, state interests.
Article bibliography
1. On the general principles of organizing local self-government in the Russian Federation: federal law of 06.10.2003 No. 131-FZ (as amended on 23.03.2024). – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus Prof” (date of access: 14.05.2024).
2. Bill No. 40361-8 On the general principles of organizing local self-government in a single system of public authority. – [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/40361-8 (date of access: 14.05.2024).
3. On the general principles of organization of local self-government in the Russian Federation: federal law of 28.08.1995 No. 154-FZ (as amended on 21.07.2005) (no longer in force). – [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus Prof” (date of access: 14.05.2024).
4. Kamilova J.V. Constitutional and legal nature of local self-government in modern Russia // Law and Right. – 2019. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konstitutsionno-pravovaya-priroda-mestnogo-samoupravleniya-sovremennoy-rossii (date of access: 14.05.2024).
5. Ovcharenko R.K. General approaches to understanding state and municipal administration // Electronic Bulletin of the Rostov Socio-Economic Institute. – 2016. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschie-podhody-k-ponimaniyu-gosudarstvennogo-i-munitsipalnogo-upravleniya (date accessed: 14.05.2024).
6. Otinova V. E., Trukhanovich D. S. Problems of local self-government in the context of public authority reform in Russia // Notes of a scientist. – 2022. – No. 5. – P. 387-390.
7. Peshin N. L. Constitutional reform of local self-government: the unity of public authority as a new general principle of local self-government organization // Constitutional and municipal law. – 2020. – No. 11. – P. 24-29. – DOI 10.18572/1812-3767-2020-11-24-29.
8. Uskova T. V., Bukhvald E. M., Voroshilov N. V. Local self-government in Russia: results and prospects of reforms // Problems of territorial development. – 2016. – No. 5 (85). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mestnoe-samoupravlenie-v-rossii-itogi-i-perspektivy-reform (date of access: 05.14.2024).
CONSTITUTIONAL LAW
MUSTAFINA Lyaysan Renatovna
senior lecturer of Constitutional and administrative law sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University
CHILDHOOD AS AN ELEMENT OF THE CONSTITUTIONAL AND LEGAL SPACE OF THE RUSSIAN FEDERATION
This article examines the role of childhood as a constitutional and legal phenomenon in modern Russian society. The author analyzes various sources of constitutional law, including the Constitution of the Russian Federation, laws, subordinate normative legal acts, strategies, programs, resolutions and definitions of the Constitutional Court of the Russian Federation in order to illustrate how signs, traits and other elements of childhood are objectified in these documents. The article argues that childhood can be classified as a phenomenon included in the constitutional and legal space of the Russian Federation, which is defined as the sphere of regulation by legal norms of models of lawful behavior of the state. The priority importance of child protection, their development and upbringing for society is emphasized, which indicates increased attention to children in public policy.
Keywords: childhood, protection of childhood, child, Constitution, constitutional law
Article bibliographic list
1. Bartsits I. N. Constitutional and legal space of the Russian Federation: abstract. dis. … doc. legal Sci. – M., 2001. – P. 10.
CONSTITUTIONAL LAW
BELYKH Denis Vadimovich
postgraduate student of Constitutional and administrative law sub-faculty of the Baikal State University, Irkutsk
REFUSAL TO REGIST ER POLITICAL PARTIES: LEGAL NATURE
The article deals with the issue of the legal nature of refusal to register political parties. It analyzes the problem of whether the denial of registration is a measure of constitutional and legal responsibility. The constitutional aspects of this issue in the context of legal doctrine, as well as in the context of legislation on political parties are studied. Theoretical and practical aspects of refusal to register political parties are outlined. It is concluded that as a measure of constitutional-legal responsibility, the refusal to register requires legislative improvement.
Keywords:refusal to register, conconstitutional and legal liability of political parties, constitutional and legal tort, legislation.
Article bibliography
1. Baykova TK Constitutional and legal status of political parties in the Russian Federation; diss. … candidate of legal sciences. – M., 2002. – 201 p.
2. Vinogradov VA Constitutional and legal liability: a systemic study: diss. … doctor of legal sciences. – M., 2005. – 348 p.
3. Dmitriev DO Refusal to register and cancellation of registration – the main measures of constitutional and legal liability of candidates // Justice. – 2006. – No. 6.
4. Zaslavsky S. E. Political parties of Russia: Problems of legal institutionalization. – M., 2003. – 299 p.
5. Kondrashev A. A. Constitutional and legal liability in the Russian Federation: theory and practice. – M., 2006. – 345 p.
6. Pleshchenko A. N. Constitutional and legal liability of political parties in the Russian Federation // Symbol of Science. – 2015. – No. 12-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/konstitutsionno-pravovaya-otvetstvennost-politicheskih-partiy-v-rf (date of access: 04/01/2024).
CONSTITUTIONAL LAW
BELTSEVA Eka terina Igorevna
adjunct of Constitutional and municipal law sub-faculty of the V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ESSENTIAL COMPONENTS OF PARLIAMENTARY CONTROL WITHIN THE FRAMEWORK OF ANALYTICAL DISCOURSE
The article examines the typological and constitutive characteristics of such a legal phenomenon of state legal reality as parliamentary control. The relevance of the analysis of this issue is dictated by the amendments made to the Basic Law of the Russian Federation in 2020, as well as the rich practice of application in countries with established traditions of parliamentarism. Analyzing its multivariate application in the sphere of control over public finances, over the implementation of laws (which are not the object of constitutional control), over delegated legislation, the author progressively examines the entire range of competence connections between the legal institution of parliamentary control and the nature of constitutional regulations, and also analyzes the diversity of scientific views on this problem.
Keywords: functions of the legislative body, design of the form of government, the idea of parliamentary control, spheres, objects of parliamentary control.
Article bibliographic list
1. Bryce D. Modern democracies. – M., “Progress”, 1992. – P. 391.
2. M. Montaigne “Experiments”. – M., Eksmo, 2003. – K. I. – P. 145-146.
3. Montesquieu Ch.-L. On the Spirit of Laws // Selected Works. – M., 1995. – P. 298.
4. Chervonyuk V. I. The Effect of Law: (Methodological Analysis): Abstract of Dissertation, Academy of the Ministry of Internal Affairs of the Russian Federation. – M., 1992. – P. 39.
5. Chervonyuk V. I. Representative Nature of Legislative Authority: Modern Context / Criminal Procedure: Problems of Theory and Practice. – M., 2016. – No. 1. – P. 119.
CONSTITUTIONAL LAW
ZHIVODROVA Nadezhda Anatoljevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Penza State University
ZHIVODROVA Svetlana Anatoljevna
Ph.D. in historical sciences, associate professor of Management and public administration sub-faculty of the Penza State University
THE SYSTEM OF PROHIBITIONS AND RESTRICTIONS ON PUBLIC SERVICE IN CHINA AS A MEANS OF COMBATING CORRUPTION
Combating corruption is the most important task for any country in the world. Corruption has a negative impact on the country’s economy, undermines public confidence in State institutions and hinders social progress. The article examines a set of basic prohibitions and restrictions against Chinese party and government officials. The content of the main normative legal acts containing anti-corruption standards for the activities of public servants is analyzed. It is noted that a special specific law on combating corruption has not been adopted in China. The provisions of the Central Committee of the Communist Party of China and the State Council play an important role in regulating this phenomenon.
Keywords: party officials, civil servants, prohibitions, restrictions, corruption, confiscation, abuse of office.
Article bibliography
1. HSE Anti-Corruption Portal. [Electronic resource]. – Access mode: https://anticor.hse.ru/main/country/China (date of access: 19.03.2024).
2. Ivanova M. A., Ilyushina M. N., Kozlova E. B., Fomenko E. V. Implementation of state policy in the field of combating corruption: the experience of Russia and China on the results of the Russian-Chinese conference //Bulletin of the Russian Law Academy. – 2020. – No. 3. – P. 115-121.
3. Kulakova V. A. Corruption in Russia and China: concept, types, state, counteraction // Russia and China: history and prospects for cooperation. – 2023. – No. 13. – P. 223-235.
4. Mayorov V. I. Mechanisms for combating corruption (on the example of the Russian Federation and the People’s Republic of China) // Jurist-Pravoved. – 2022. – No. 1 (100). – P. 28-33.
5. Sevalnev V. V. Legal regulation of combating corruption in China // Journal of Foreign Legislation and Comparative Law. – 2018. – No. 2 (69). – pp. 69-74.
ADMINISTRATIVE LAW
BIRYUKOVA Evelina Robertovna
senior lecturer of the Vladimir Law Institute of the FPS of Russia
ADMINISTRATIVE AND LEGAL REGULATION OF THE EVALUATION OF THE EFF ECTIVENESS AND EFFICIENCY OF CIVIL SERVANTS
In the article, the author examines issues related to the administrative and legal regulation of evaluating the effectiveness of civil servants. Focuses on the regulatory framework for evaluating the effectiveness of civil servants, its improvement and development. The author pays a special role to the fact that a qualitatively created system for selecting civil service personnel and evaluating the results of their activities directly depends on the success of the functioning of the entire institution of public service, precisely on how interested civil servants are in serving the people and achieving the state and public tasks assigned to them.
Keywords: methods, assessment, administrative and legal regulation, principle, civil service, civil servant, regulatory framework, self-assessment, penal enforcement system.
Article bibliographic list
1. Vasilyeva E. I., Zerchaninova T. E., Ruchkin A. V. Assessing the effectiveness of civil servants // Management consulting. – 2016. – No. 4. – P. 19. (14-26).
2. Davydov K. V. Job descriptions of state civil servants as an element of the reform of the civil service of the Russian Federation: the main legal problems // Administrative law and process. – 2011. – No. 4. – P. 27-32.
3. Korobchenko V. V. Problems of applying a special procedure for remuneration of state civil servants // Labor law in Russia and abroad. – 2014. – No. 2. – P. 31-34.
ADMINISTRATIVE LAW
LYANNOY Gleb Gennadjevich
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-faculty of the Baikal State University, Irkutsk
LOBBYING AS A FACTOR THREATENING THE SECURITY OF BUSINESS ACTIVITIES (ADMINISTRATIVE AND LEGAL ASPECT)
The paper is devoted to the consideration of the issue of the history of lobbying. The starting point of the study is the charter of Vladimir Monomakh (1113), which was written by people called lobbyists in modern language. The history of the emergence of lobbying abroad is also considered. A pattern has been established between the traditions that have developed in the country and society, and the currently existing forms of lobbying activity. It is suggested that countries most, realizing the need for this phenomenon, are looking for their own ways to legalize it, trying to find a balance between transparency of this activity and its regulation. The ongoing research suggests that the existing institution of lobbying abroad actually represents the interests of large businesses. The author comes to the reasonable conclusion that lobbying in the format in which it currently exists has negative consequences for entrepreneurship in most foreign countries and in the Russian Federation. This poses an immediate security threat to small, small and medium-sized businesses.
Keywords: lobbying activities, lobbying groups, threat to small and medium-sized enterprises, actions in the interests of big business.
Article bibliography
1. Tagansky M. A brief outline of the history of Russian industry. – St. Petersburg, 1906. – P. 36.
2. The Charter of Vladimir Vsevolodovich for regulating the economy and social sphere of Rus’ (istoriarusi.ru). [Electronic resource]. (date of access: 01/14/2024).
3. What is lobbying? – Professional Association of Institutional Relations. [Electronic resource]. (Accessed: 14.01.2024).
4. Influence Abroad: The state of global lobbying disclosure: Sunlight Foundation. [Electronic resource]. (Accessed: 14.01.2024).
5. Regulating Lobbying – Lobbying Regulation in the North (google.com). [Electronic resource]. (Accessed: 14.01.2024).
6. Regulating Lobbying – Lobbying Regulation in the North (google.com). [Electronic resource].[source]. (date of access: 14.01.2024).
7. 2023 sets new high for midyear lobbying • OpenSecrets. [Electronic resource]. (date of access: 14.01.2024).
8. Zimin V. A., Lukyanova V. V. Economic lobbying in Russia (e-rej.ru). [Electronic resource]. (date of access: 14.01.2024).
9. Zimin V. A., Lukyanova V. V. Economic lobbying in Russia (e-rej.ru) p 6. [Electronic resource]. (date of access: 14.01.2024).
10. The system of supporting legislative activity (duma.gov.ru). [Electronic resource]. (date of access: 14.01.2024).
11. DumaBingo (garaev.space). [Electronic resource]. (date of access: 14.01.2024).
12. DumaBingo (garaev.space). [Electronic resource]. (date of access: 14.01.2024).
13. Top Spenders • OpenSecrets. [Electronic resource]. – Access mode: www.opensecrets.org/federal-lobbying/top-spenders. [Electronic resource]. (date of access: 14.01.2024).
14. Nombre de petites entreprises en France [chiffres clés 2023] (oberlo.fr). [Electronic resource]. (date of access: 14.01.2024).
15. 5 Crazy Facts About Lobbyists / RepresentUs. [Electronic resource]. (date of access: 14.01.2024).
16. Asbestos Claims Transparency Act – American Legislative Exchange Council – American Legislative Exchange Council (alec.org). [Electronic resource]. (date of access: 14.01.2024).
17. Resolution of the Constitutional Court of 27.12.2012 No. 34-P “On the case of verifying the constitutionality of the provisions of paragraph “c” of part one and part five of Article 4 of the Federal Law “On the Status of a Member of the Federation Council and the Status of a Deputy of the State Duma of the Federal Assembly of the Russian Federation” in connection with the request of a group of State Duma deputies.”
18. A manual with answers to questions about the purchase of securities has been prepared for civil servants // SPS Consultant plus.
19. A law on lobbying may appear in Russia / Articles / Izvestia (iz.ru). [Electronic resource]. (date of access: 14.01.2024).
20. Pappe Ya. Sh., Galukhina Ya. S. Russian big business: the first 15 years. Economic Chronicles 1993-2008 [Text]; State University – Higher School of Economics. – M.: Publ. house of the State University Higher School of Economics, 2009. – P. 26.
ADMINISTRATIVE LAW
MATYUKHINA Marina Gennadjevna
adjunct of Management of the activities of units for ensuring the protection of public order sub-faculty of the Center of Command and Staff Exercises of the Academy of Management the MIA of Russia
ON THE QUESTION OF SOME PROBLEMS OF THE FORMATION OF ADMINISTRATIVE DELICTOLOGY IN THE RUSSIAN DOCTRINE
In the article, the author attempts to scientifically comprehend a number of factors influencing the formation of Russian delictological science. The problems of the development of Russian delictology and the difficulties associated with the implementation of relevant results in the practical activities of administrative jurisdiction bodies are clearly shown. In addition, the need for further research of an appropriate orientation is justified.
Keywords: administrative law, administrative offense, delict, delictology, delictological science.
Article bibliography
1. Nikulin M. I. Prevention of administrative offenses (delicts) and reduction of administrative delict // Power and management in the East of Russia. – 2012. – No. 2 (59). – P. 145-149.
2. Criminology: Textbook for university students studying in the specialty “Jurisprudence” / [scientific ed. – N. F. Kuznetsova, V. V. Luneev]. – 2nd ed., revised and enlarged. – M.: Wolters Kluwer, 2004. – 629 p.
3. Remnev V. I. On the necessity of tort law. – In the book: Socialist legality in public administration. – M.: Nauka, 1979. – Pp. 180-184.
4. Dubinin N. P., Karpets I. I., Kudryavtsev V. N. Genetics, behavior, responsibility: on the nature of antisocial acts and ways to prevent them. – M.: Publishing house of political literature, 1989. – 352 p.
5. Zharov S. N. On the social determination of antisocial behavior // Economic and spiritual foundations of personality development. – Voronezh: Voronezh State University, 1979. – P. 135-142.
6. Baimbetov A. A. Social planning as a mechanism for managing the process of combating antisocial phenomena and preventing antisocial behavior (theoretical, methodological and methodological issues): Abstract of a PhD thesis. – Alma-Ata, 1990. – 34 p.
7. Genzyuk E. E. Administrative tort: diss. – M., 2001. – 324 p.
8. Deriuga A. N. Actual issues of development of the science of administrative tort: diss. – Cand. of Law. – Khabarovsk, 2002. – 181 p.
9. Myshlyaev N. P. Theoretical and applied foundations of administrative tort: diss. … doctor of law. – M., 2004. – 46 p.
10. Nikulin M. I. Problems of the science of administrative tort: diss. … doctor of law. – M., 2005. -461 p.
11. Lozbyakov V. P. Criminological foundations of administrative-jurisdictional activities of the Russian police: Abstract of a PhD thesis in Law. – Moscow, 1996. – 40 p.
12. Solovey Yu. P. Legal regulation of police activities in the Russian Federation. – Omsk, 1993. – 501 p.
ADMINISTRATIVE LAW
TONKOSHTAN Anastasiya Ruslanovna
student of the 2nd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
strong>SOKOLOVA Elizaveta Mikhaylovna
student of the 2nd course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERNOV Yuriy Ivanovich
Ph.D. in Law, associate professor of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ADMINISTRATIVE INTERNET OFFENSES: WAYS TO IDENTIFY AND PREVENT THEM
This article discusses some types of Internet offenses and problems of regulating administrative legal relations on the Internet. In the course of analyzing existing problems in eliminating such offenses, various ways to identify and prevent them were proposed, and the causes of administrative offenses committed on the Internet were analyzed. In the modern information society, the use of the Internet has become an integral part of our daily life. However, with the increase in online activity, more and more cases of administrative offenses in the Internet are arising. This article discusses the main ways to identify and violate administrative Internet offenses, and also offers prospects for preventing and combating them. To implement the proposed methods of identifying and preventing these offenses, a proposal is made to change the legal regulation of administrative legal relations on the Internet.
Keywords: administrative legal relations, administrative Internet offenses, methods for identifying administrative offenses, the Internet, administrative responsibility.
Article bibliography
1. Gromovik V. Yu. Administrative offenses on the Internet: essence, classification, preventive measures // Higher education for the 21st century: the role of humanitarian education in the context of technological and socio-cultural changes. – 2019. – P. 762-767.
2. Romantsova A. A. Some problems of administrative offenses committed on the Internet // Forum of young scientists. – 2022. – No. 11 (75). – P. 159-163.
3. Bezruchko E. V., Rysay B. G. Some problems of administrative liability in the field of communications and information // YuP. – 2020. – No. 1 (92). – P. 180-185
4. Shulga A. V., Chernov Yu. I., Sokol A. V. Development of the domestic system of crimes with administrative prejudice: a step forward or two steps back? // Bulletin of the Criminal Procedure Code of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (49). – P. 14-19.
5. Kapinus O. S. Administrative prejudice in criminal law: problems of theory and practice // Journal of Russian Law. – 2019. – No. 6. – P. 78-86.
6. Vishnyakova N. V. Crimes with administrative prejudice: problems of legislative and law enforcement nature // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 1 (34). – P. 5-12.
7. Novgorodov D. A. Commission of an administrative offense on the Internet as a qualifying feature // NB: Administrative law and administration practice. – 2022. – No. 2. – P. 51-60.
8. Dzhafarova N. T. Administrative and legal regulation of relations developing in the Internet space // Legal science and law enforcement practice. – 2020. – No. 4 (54). – pp. 74-81.
CIVIL LAW
ABDUJALILOV Abdujabar
Ph.D. in Law, associate professor, Head of the Department of Private Law of the Institute of Philosophy, Political Science and Law of the Academy Sciences of the Tajikistan
DIGITAL LAW IN THE CONTEXT OF THE CIVIL CODE OF THE REPUBLIC OF TAJIKISTAN
The new version of the Civil Code of the Republic of Tajikistan was adopted in December 2022. The practice of applying voluminous and multi dimensional normative legal acts shows that their content often cannot be ideal. This also happened when the new Civil Code was adopted. In some cases, the new version of the Code contains provisions that are currently neither theoretically nor normatively defined. We are talking about the concept of digital law as an object of sale included in the Code. Based on the results of the analysis of the place of digital law, the author states that the legal provision of digital law given in the code does not correspond to the general scientific concept of digital law. Digital law is not an object of purchase and sale, its legal characteristic is broader than the object of law.
Keywords: Code, law, digital law, digital assets, cryptocurrency, bitcoin, blockchain, token.
Article bibliography
1. Abdujalilov A. Digital law: criticism of the definition // Academic Law Journal. – Dushanbe, 2023. – No. 1 (45).
2. Abdujalilov A. Money on the Internet. Legal problems of cryptocurrencies / Academic Law Journal. – Dushanbe, 2019. – No. 3 (31).
3. Vasilevskaya L. Yu., Poduzova E. B., Tasalov F. A. Digitalization of civil turnover: problems and development trends (civilistic study): monograph. / Ed. L. Yu. Vasilevskaya. – Moscow: Prospect, 2022.
4. Vigna P., Casey M. The Age of Cryptocurrency. How Bitcoin and Blockchain Are Changing the World Order. – Moscow: Mann, Ivanov and Ferber, 2018.
5. Civil Code of the Russian Federation. – Moscow: Omega-L, 2021.
6. Dolbysheva O. N. Problems of Legal Regulation of Digital Assets. – In the collection “Digitalization of Public Law”. – Moscow: RG-Progress, 2019.
7. Objects of Civil Turnover / Ed. by T. V. Deryugina and L. A. Chegovadze. – Moscow: Prospect, 2023.
8. Law of the Digital Environment: Monograph / Ed. T. P. Podshivalova et al. – Moscow: Prospect, 2022.
9. Puchkov V. O. Civilistic Doctrine of the Digital Age: Methodological, Theoretical and Applied Problems. Monograph. – M.: Prospect, 2020.
10. Digital Law. Textbook / Under the general editorship of V. V. Blazheev et al. – M.: Prospect, 2022.
11. Matuzov M. I., Malko A. V. Theory of State and Law. Textbook. – M.: Delo, 2009.
CIVIL LAW
GASANOVA Aynar Mugachirovna
magister student of the 2nd course of the Institute of Law of the Dagestan State University, Makhachkala
AKHMEDOVA Zamira Akhmedovna
Ph.D. in Law, associate professor of Civil law sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
THE ISSUE OF IMPLEMENTING HOUSING RIGHTS FOR ORPHANS AND CHILDREN LEFT WITHOUT PARENTAL CARE
The article examines the issue of housing provision for orphans and children left without parental care in the Russian Federation. Since the implementation of the decree on the Decade of Childhood, attention has been paid to protect their rights. However, many initiatives are planned to be completed only by 2027. The author emphasizes the need to improve the housing provision system for this category of children and discusses factors affecting delays in this process, such as organizational and legislative issues.
Keywords: orphans, children without parental care, housing rights, social adaptation, government funding.
Article bibliography
1. Tatarintseva E. A. Features of the legal status of persons from among orphans and children left without parental care // Social and legal notebook. – 2020. – No. 10. – P. 98.
2. Maksimkina AV Housing rights of orphans and children left without parental care // Lebedev readings: Collection of articles based on the materials of the XXIII All-Russian scientific and practical conference dedicated to the 90th anniversary of the birth of V. I. Lebedev and the 350th anniversary of the birth of Peter I Penza, April 14, 2022. – P. 240.
3. Demirchyan OK Housing rights of orphans and children left without parental care // Problems of lawmaking in the light of modern reform processes: Collection of articles based on the results of the International scientific and practical conference Sterlitamak, March 17, 2018. – P. 58.
CIVIL LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
SAMSONOV Evgeny Dmitrievich
postgraduate student of the Samara State University of Economics
GENERAL RESULTS OF THE REFORM THE INSTITUTE OF CONDITIONAL PERFORMANCE OF OBLIGATIONS
The article is devoted to a brief summary of the reform of one of the institutions of the law of obligations, the normative regulation of which appeared as a result of changes to the Civil Code of the Russian Federation in 2015. Along with the provisions on conditional transactions and counter-performance of obligations, the general part of the law of obligations was supplemented with the provisions of Art. 327.1 on conditional fulfillment of an obligation. The change in the general part of the law of obligations did not go unnoticed by the scientific community; a large number of publications immediately appeared in which civil scientists discussed the legal nature of the conditional fulfillment of an obligation, its relationship with other institutions, as well as the practical consequences of updating the general part of the Civil Code of the Russian Federation. While attempts were made to fill the “doctrinal vacuum” caused by the absence of any theoretical considerations on this issue in Russian civil law, approaches to the application of the new institution were gradually taking shape in judicial practice. So what are the general results that can be summed up after almost nine years since the update of the general part of the law of obligations and the introduction of the institution of conditional performance of obligations?
Keywords : conditional fulfillment of an obligation, conditional transaction, potestative conditions, suspensive conditions, resolutive conditions.
Article bibliographic list
1. Deltsova N. V. ., Samsonov E. D. Current problems of application of the institution of conditional fulfillment of obligations // Eurasian Legal Journal. 2023. No. 5 (180). P. 163-167.
2. Egorov A. V. Polysemy of the concept of obligation: practical aspect // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2011. No. 4. P. 23-42.
3. Performance and termination of an obligation: commentary to Articles 307-328 and 407-419 of the Civil Code of the Russian Federation [Electronic publication. Revision 2.0] / Responsible editor A. G. Karapetyan. Moscow: M-Logos, 2022. 1496 p. – (Comments on the civil legislation #Gloss.)
4. Kotsar Yu. A. Obligation with conditional performance: main aspects of differentiation with related civil law institutions // Business and Law. 2023. No. 9. P. 3-16.
5. Ostapova E. A. The relationship between the legal structures of a transaction concluded under a condition and the conditioned fulfillment of an obligation // Scientific notes of the Crimean Federal University named after V. I. Vernadsky Legal sciences . 2023. Vol. 9 (75). No. 1. P. 293-301.
6. Transactions, representation, limitation period: article-by-article commentary to articles 153-208 of the Civil Code of the Russian Federation [Electronic publication. Edition 1.0] / Ed. A. G. Karapetyan. M.: M-Logos, 2018. 1264 pp.
CIVIL LAW
KARPIKOVA Lyudmila Valerjevna
senior lecturer of Civil law and civil process sub-faculty of the North-Western Institute (branch) of the O. E. Kutafin Moscow State Law University (MSAL), Vologda
A BRANCH OF A LEGAL ENTITY AS AN INSTRUMENT OF ITS SPECIAL ORGANIZATION
The article discusses certain problems of law enforcement practice related to the civil law concept of a branch of a legal entity. The author analyzes the special relations of representation that arises between a legal entity and the head of a branch that is part of the structure of a legal entity, emphasizing the need for a clearer approach by the legislator to the use of the concept of “a separate division of a legal entity”. The signs of a branch specified in Article 55 of the Civil Code of the Russian Federation are interpreted by judicial practice in connection with the fact of the actual activities of the corresponding division, without which the branch will not be considered created. At the same time, the presence of branches in the organizational structure of a legal entity affects the peculiarities of the legal personality of the legal entity itself, and therefore the specified division cannot be recognized as equal to other structural divisions of the legal entity. /p> Keywords: separate subdivision of a legal person, territorial remoteness, branch and representative office, structural subdivision.
Article bibliography
1. Myskin A. V. Branch of a legal entity: organizational and legal aspects of activity // Notary. – 2012. – No. 1.
2. Karpikova L. V. Development of theoretical and legislative ideas about separate divisions legalpersons // Eurasian Law Journal. – 2014. – No. 6 (73).
CIVIL LAW
LINNIKOV Alexander Sergeevich
Ph.D. in Law, lawyer of the Bar Association of the Moscow region “Linnikov and Partners”, Chairman of the Board of the Association of Participants in the payment services market “Non-profit Partnership “National Payment Council”
CONTROL AND SUPERVISION ACTIVITIES OF THE CUSTOMER UNDER THE CONSTRUCTION CONTRACT
The paper considers the specifics of the implementation of the customer’s control and supervisory activities within the framework of a construction contract. It is proved that the control and supervisory activities of the customer under the construction contract can be expressed in various formats, which are only provided for by the terms of the contract and the lack of legislative regulation of this issue. The author’s conclusions are based on an analysis of current legislation, judicial practice and existing doctrinal approaches to the problem under consideration.
Keywords: civil law control, construction contract, control and supervisory activities, management.
Article bibliography
1. Gutnikov O. V. On the issue of the legal nature of subjective corporate law // Journal of Russian Law. – 2017. – No. 3. – P. 54-65.
2. Gutnikov O. V. Corporate liability in civil law. – M .: IZiSP, CONTRACT, 2019. – 488 p.
3. Gutnikov O. V. Management contracts in civil law // Avkhadeev V. R., Astashova V. S., Andrichenko L. V. et al. Contract as a general legal value. – M .: IZiSP, Statut, 2018. – 381 p.
4. Gros L. On the jurisdiction of corporate disputes // Entrepreneurial law. – 2007. – No. 4.
5. Kulichev R. B. Legal regulation of contract work for state needs. – M.: Yustitsinform, 2016. – 192 p.
6. Commentary on the Civil Code of the Russian Federation, part two (article by article) / G. E. Avilov, M. I. Braginsky, V. V. Glyantsev et al.; edited by O. N. Sadikov. 5th ed., corr. and add. using judicial and arbitration practice. – M.: CONTRACT, INFRA-M, 2006. – 987 p. @@ Braginsky M. I., Vitryansky V. V. Contract law. Agreements for the performance of work and the provision of services. Corr. and add. ed. – M.: Statut, 2002. – Book. 3. – 1055 p.
7. Gurova E. A. Manifestation of creditor obligations in various contractual obligations // Laws of Russia: experience, analysis, practice. – 2019. – No. 7. – P. 35-38.
8. Makarov O. V. Obligations of the contractor under the construction contract: problems of improving the law and practice // Advocate practice. – 2010. – No. 3. – P. 8-14.
CIVIL LAW
LITYAGINA Alla Sergeevna
senior lecturer of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
KOKOVA Liana Ruslanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Kh. M. Berbekov Kabardino-Balkarian State University
CURRENT ISSUES OF REGULATION OF THE ILLEGAL LABOR MARKET IN THE RUSSIAN FEDERATION
A difficult socio-economic situation has developed in the Russian Federation under the influence of severe pressure pressure. These negative trends were also reflected in the labor market. The illegal labor market began to grow in 2023, which is explained by a certain range of social and economic reasons. It is obvious that the functioning and growth of the illegal labor market, in turn, has a negative impact on economic development. The article examines the negative consequences of the growth of the illegal labor market and the measures taken in some European countries. Particular attention is paid to regulatory instruments used in Russia. Regulation of the illegal market requires government influence through a regulatory mechanism. The presence of such problems in the Russian market has led to the need to make certain changes to the regulatory framework governing the labor market and labor relations. A definition of the concept of “illegal employment” appears, which states the fact of the existence of such labor relations in Russia. It is necessary to carry out monitoring activities on the state of the labor market as a whole, which will make it possible to quickly respond to changes through changes in the regulatory mechanism. The development of an effective legislative framework in the field of regulation of labor relations is the foundation for combating the illegal labor market in Russia.
Keywords: labor market, illegal employment, demand, supply, working age, employer, employee, violation, state control, tax legislation.
Article bibliographic list
1. Labor codeCS of the Russian Federation of 30.12.2001 No. 197-FZ (as amended on 06.04.2024).
2. Federal Law “On Employment of the Population in the Russian Federation” of 12.12.2023 No. 565-FZ (latest revision).
3. Akyulov R. I. Shadow Labor Market and Economic Security of Russia: Problems and Prospects // Municipality: Economy and Management. – 2020. – No. 3 (32). – P. 97-103.
4. Kuznetsova I. A., Matveeva T. P., Kuznetsova N. A. Practice of Combating the Illegal Labor Market: National and International Legal Aspect // Humanitarian, Socio-Economic and Social Sciences. – 2022. – No. 2. – P. 173-176.
5. Mukhina I. I. Employment and unemployment: crisis or new opportunities // Social and labor research. – 2020. – No. 3 (40). – P. 56-67.
CIVIL LAW
MALENKAYA Ekaterina Andreevna
master of Jurisprudence, Head of the Legal Department of LLC “Synchronization”, Moscow
MALINOVA Anna Grigorjevna
Ph.D. in Law, associate professor of Civil law sub-faculty of the O. E. Kutafin Moscow State Law University (MSLA)
FEATURES OF INTERESTS AS ACCESSORIES OF SUBJECTS OF LAW
The civil law analysis of subjective rights and interests as personal belongings reveals the following interesting feature among its other accessories. Subjective rights belong to the group of human belongings that can be alienated, while interests, as well as fundamental rights and freedoms, on the contrary, belong to such a group of accessories that have the properties of inalienability. The paper shows that insufficient attention has been paid to this important circumstance in modern legal research.
Keywords: interest, rights, subjective rights, belonging, subject of law, alienability, inalienability.
Article bibliography
1. Alekseev N. N. Ownership and socialism. An attempt to substantiate the socio-economic program of Eurasianism // Russian philosophy of ownership (XVIII-XX centuries) / Auth.-compiled. K. Isupov, I. Savkin. – St. Petersburg: Ganza, 1993. – 512 p.
2. Vashanova O. V. On the content and legal nature of the principle of non-discrimination of the individual in international law // Russian law journal. – 2003. – No. 4. – P. 121-124.
3. Voltman L. Political anthropology. Research on the influence of evolutionary theory on the doctrine of the political development of peoples / Translated from German. 2nd ed. – M.: White elves, 2000. – 448 p.
4. Glad D. The future evolution of man. Eugenics of the twenty-first century. – M.: Zakharov, 2005. – 176 p.
5. Ilyin I. A. General doctrine of law and state // Ilyin I. A. Collected works. In 10 volumes. Vol. 4 / Comp. and commentary. Yu. T. Lisitsy. – M.: Russkaya kniga, 1994. – 624 p.
6. Ilyin I. A. On the National Vocation of Russia // Ilyin I. A. Collected Works. In 10 volumes. Vol. 7 / Comp. and commentary by Yu. T. Lisitsy. – M.: Russkaya kniga, 1998. – 608 p.
7. Ilyin I. A. Concepts of Law and Power (An Attempt at Methodological Analysis) // Ilyin I. A. Collected Works. In 10 volumes. Vol. 4. – M.: Russkaya kniga, 1994. – 624 p.
8. Ilyin I. A. The Path of Spiritual Renewal // Ilyin I. A. Collected Works. In 10 volumes. Vol. 1 / Comp. and commentary by Yu. T. Lisitsy. – M.: Russkaya Kniga, 1993. – 400 p.
9. Ilyin I. A. The Path of Spiritual Renewal / Comp., author of the foreword, responsible editor O. A. Platonov. – M.: Institute of Russian Civilization, 2011. – 1216 p.
10. Ilyin I. A. The Creative Idea of Our Future // Ilyin I. A. Collected Works. In 10 volumes. Vol. 7 / Comp. and commentary by Yu. T. Lisitsy. – M.: Russkaya Kniga, 1998. – 608 p.
11. Kalamkaryan R. A. Estoppel in International Public Law. – M.: Nauka, 2001. – 236 p.
12. Code of International Private Law (Bustamante Code) // Family Legislation: Information and Reference System. Issue 1. – M.: CD-ROM Publishing House of OOO Media-Service 2000.
13. Commentary on the Family Code of the Russian Federation (educational and practical) / O. G. Alekseeva, L. V. Zayets, L. M. Zvyagintseva et al.; under the general editorship of S. A. Stepanov. – M.: Prospect, 2018. – 352 p.
14. Kulagin M. I. Entrepreneurship and Law: Western Experience // Kulagin M. I. Selected Works. – M.: Statut, 1997. – 330 p. (Classics of Russian civilistics).
15. Leybin V. M. Psychoanalytic anthropology // Bourgeois philosophical anthropology of the twentieth century. – M .: Nauka, 1986. – 296 p.
16. Malinova A. G. “Interest” as a concept of jurisprudence: problems of doctrinal definition // Russian Law Journal. – 2021. – No. 2. – P. 29-42.
17. Malinova A. G. Balance of interests and its “hypostases” in jurisprudence // Russian Law Journal. – 2022. – No. 2. – P. 21-44.
18. Malinova A. G. The concept of “legitimate interests” in family law // Russian Law Journal. – 2001. – No. 1. – P. 62-65.
19. Malinova A. G. Public interests: history, theory and arguments against the use of this term in domestic legislation // Russian Law Journall. – 2023. – No. 1. – P. 65-84.
20. Mordovtsev D. L. Russian women. Biographical essays from Russian history. – M.: Russian Book Chamber. Publishing center, 1993. – 423 p.
21. Legal system of the Netherlands. – M.: Zertsalo, 1998. – 432 p.
22. Radchenko M. V. Improper medical treatment in the reproductive sphere: criminal-legal aspect: author’s abstract. dis. … candidate of legal sciences. – Ekaterinburg, 2002. – 26 p.
23. Chegovadze L. A. System and state of civil legal relations: author’s abstract. dis. … doctor of legal sciences. – M., 2005. – 43 p.
24. Schutz A. Favorites: A world glowing with meaning. – M.: (ROSSPEN), 2004. – 1056 pp.
CIVIL LAW
PARASKEVOVA Svetlana Andreevna
Ph.D. in Law, professor
FEATURES OF THE DESIGN PROJECT AGREEMENT
Every year, the public’s interest in a competent and aesthetic organization of space is growing, this need is reflected in an unnamed design project agreement, the legal regulation and features of which are established to a greater extent by means of judicial practice and its analysis. The essential terms of this agreement and the legal nature are also considered by the doctrine.
It is necessary to consider the essence and features of the design project agreement, the problems of execution, and legislative regulation. Features of the design project of residential and non-residential premises, real estate objects with encumbrances. The article proposes a solution to these problems.
Keywords: design project, terms of reference, judicial practice, real estate.
Article bibliography
1. Volodina A. V. Official work: theory and practice Official work: theory and practice // Bulletin of Chelyabinsk State University. Series: law. – 2022. – No. 7.
2. Zorkoltsev R. D. Interior design: problems of law enforcement. – [Electronic resource]. – Access mode: http://lexandbusiness.ru/view-article.php?id=858/ (date accessed: 05.04.2024).
3. Nadyseva V. M. Some problematic aspects of legal regulation of activities in the field of environmental design // Domestic jurisdiction. – 2020. – No. 3 (42).
4. Rudenko T. Yu. Legal regulation in the field of graphic design: abstract of dis. … candidate of legal sciences: 12.00.03; [Place of protection: Moscow University of the Ministry of Internal Affairs of the Russian Federation]. – Moscow, 2011.
5. Smorodina E. I. Features of the development of a Design project for residential premises // Innovations in science. – 2017. – No. 4 (65).
CIVIL LAW
PERMYAKOV Maxim Vladimirovich
Ph.D. in Law, associate professor of the Ural State University of Economics, Yekaterinburg
BANNYKH Stanislav Germanovich
Ph.D. in philosophical sciences, associate professor, Head of Creative management and humanitarian sciences sub-faculty of the Ural State University of Economics, Yekaterinburg
SARAPULTSEVA Anastasiya Vladislavovna
Ph.D. in philosophical sciences, associate professor of History and philosophy sub-faculty of the Ural State University of Economics, Yekaterinburg
CROWDFUNDING: THE CONCEPT, THE EXPERIENCE OF FOREIGN COUNTRIES AND THE PROBLEMS OF PROMOTION IN RUSSIA. DEVELOPMENT PROSPECTS
The article talks about the concept of crowdfunding, about the problems of crowdfunding in Russia. The examples and experience of foreign countries, namely their promotion in crowdfunding platforms, are considered. Attention is drawn to the gaps in Russian crowdfunding platforms and ways to solve problems are analyzed. Along with this, the authors considered the relevance of using crowdfunding platforms at the current stage of state development in order to create financial attractiveness for sponsors, as an active and interested part of the population in the economic development of the country. As part of the definition of problematic aspects when considering crowdfunding as a phenomenon, algorithms for the most adequate and promising resolution and development of the procedure for its implementation in modern realities are proposed.
Keywords: platform, Internet, funds, financing, sponsor, monetary benefit, project, creator of the idea, reward, monetary equivalent, conventional unit, license, copy, incentive, tool, business, account, PR, marketing.
Article bibliography
1. Kikstarter. [Electronic resource]. – Access mode: https://www.kickstarter.com/
2. Kickstarter – Wikipedia. [Electronic resource]. – Access mode: https://ru.wikipedia.org/wiki/Kickstarter.
3. “What is crowdfunding” – Lyudmila Pestereva. [Electronic resource]. – Access mode: https://greedisgood.one/kraudfanding
4. “Why in Russia they don’t believe in crowdfunding” – MikhailZel’din. [Electronic resource]. – Access mode: https://rb.ru/opinion/4-crowd-problems/
5. “Why crowdfunding is unpopular in Russia” – Kirill Kirillov AIR. [Electronic resource]. – Access mode: https://vc.ru/flood/36975-pochemu-kraudfanding-nepopulyaren-v-rossii.
6. “Five reasons to engage in crowdfunding” – Elena Lilenko 07.07.2015 [Electronic resource]. – Access mode: https://yandex.ru/turbo/e-xecutive.ru/s/finance/private/1978709-pyat-prichin-zanyatsya-kraudfandingom.
CIVIL LAW
SAMUSENKO Alexey Dmitrievich
mag ister student of the 2nd course of the Law School of the Far Eastern Federal University, Vladivostok
LEONOV Mikhail Romanovich
assistant of International public and private law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
MEDIATION AS A WAY TO PROTECT THE RIGHTS AND LEGITIMATE INTERESTS OF ENTREPRENEURS.
Mediation is one of the oldest ways to protect human rights, although its relevance still remains at the level of manifestation and state interest. Special interest in this procedure arises at moments of deep and accurate understanding of all the pros and cons. This work is devoted to the mediation method of conflict resolution using the example of entrepreneurial activity. The main problems and disadvantages that seem acceptable in the modern realities of the legal application of this method are highlighted.
Keywords: mediation, mediation agreement, problems of mediation, advantages of mediation
Article bibliographic list
1. Abdullaev K. A., Abramova A. V., Abyzova E. A. et al. Convergence of private law regulation of public relations through the prism effectiveness of law: monograph / Rep. ed. A. N. Levushkin, E. Kh. Nadyseva. M.: Justitsinform, 2023. 672 p.
2. Privalova O. Yu. Corporate agreement. Risk analysis // Economics and business: theory and practice. 2019. No. 4-1. P. 163-166.
3. Rusakova E. P., Frolova E. E., Inshakova A. O. The procedure of mediation in the age of industry 4.0 // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. Cham, 2021. pp. 947-953
4. Frolova E. E., Rusakova E. P. Trends in the development of alternative ways of dispute resolution of neo industrialization subjects // Modern Global Economic System: Evolutional Development vs. Revolutionary Leap. Institute of Scientific Communications Conference. Cham, 2021. pp. 1842-1849.
CIVIL LAW
SMOLINA Olga Sergeevna
Ph.D. in Law, Counselor of the Justice 3rd Class, Advisor of the 1nd Class of the State Civil Service of the Russian Federation, Deputy head of the division of viticulture, winemaking and tobacco products of the Department of food and processing industry of Ministry of Agriculture of the Russian Federation
TRANSACTIONS WITH FOREST RESOURCES VIA DIGITAL PLATFORMS IN THE LIGHT OF IMPROVEMENTS OF CIVIL CODE OF THE RUSSIAN FEDERATION AND FOREST CODE OF THE RUSSIAN FEDERATION
The article studies the legal regulation of transactions carried out via digital platforms by the Civil Code of the Russian Federation in the light of the specific features of transactions with forest resources. In order to apply digital platforms to transactions with natural resources, it is suggested to classify transactions with natural resources based on the special property right applicable to natural resources in Russia (Art. 9 of the Constitution of the Russian Federation) by the method of using the resources into transactions without extraction of natural resources and transactions with extraction of natural resources. It demonstrates the essence and specificity of transactions with forest resources carried out via digital platforms with extraction of forest resources in the civil and regulatory aspects. The article points out common material conditions of transactions with forest resources with the extraction of forest resources. Such transactions include: forest lease agreement with extraction of forest resources, woodland sale and purchase agreement, agreement on uncompensated use of forest plot with extraction of forest resources (Articles 29.1, 72, 75 of the Forest Code of the Russian Federation). The study is based on the author’s concept of transactions via a digital platform in the Russian Federation.
Keywords: digital economy, transactions via digital platform, transaction with natural resources, forest
Article bibliography
1. Constitution of the Russian Federation // Rossiyskaya Gazeta. No. 237. December 25, 1993
2. Civil Code of the Russian Federationand (part one) of November 30, 1994 No. 51-FZ // SZ RF. 05.12.1994. No. 32. Art. 3301.
3. Forest Code of the Russian Federation // SZ RF. 11.12.2006. No. 50. Art. 5278.
4. Decree of the President of the Russian Federation of May 9, 2017 No. 203 “On the Strategy for the Development of the Information Society in the Russian Federation for 2017-2030” // SZ RF. 15.05.2017. No. 20. Art. 2901.
5. Abova T.E. Transactions in modern civil law. Recognizing them as not concluded or invalid // Transactions in civil and family law, forms of protection of rights and interests of participants in transactions: collection of articles / Ed. T. E. Abova. Moscow: Prospect, 2017. 128 p.
6. Abova T. E. Transactions in Russian civil law. Recognizing them as invalid // Transactions / Ed. T. E. Abova. Moscow: Institute of State and Law of the Russian Academy of Sciences, Academic Law University, 2006. 212 p.
7. Abramov V. V. Contractual regulation of water use in the Russian Federation: author’s abstract. diss. … candidate of legal sciences: Moscow, 2019. 34 p.
8. Bogolyubov S. A. Land legislation and the Concept of development of civil legislation // Journal of Russian Law. 2010. No. 1. Pp. 38-47; SPS “Consultant Plus”.
9. Brinchuk M. M. Special legal regime of natural resources: an essential feature of nature is to be a natural resource // Environmental Law. 2022. No. 3. Pp. 3-9. Consultant Plus.
10. Brinchuk M. M. Special legal regime of natural resources: the concept of nature as a national treasure // Environmental Law. 2021. No. 6. Pp. 3-10. SPS “Consultant Plus”.
11. Bykovsky V. K. Use of forests in the Russian Federation: legal regulation. Moscow: Wolters Kluwer, 2009. 232 p. SPS “Consultant Plus”.
12. Galishin E. U. Features of leasing forest areas: author’s abstract. dis. … Cand. of Law. Moscow, 2008. 33 p.
13. Dubovik O. L. Formation of Environmental Policy: History, Achievements, Trends and Objectives (Analysis of the Theoretical Heritage of O. S. Kolbasov) // Environmental Law. 2007. No. 6. Consultant Plus.
14. Ioffe O. S. Law of Obligations. Moscow: Legal Literature, 1975. 880 p.
15. Peretersky I. S. Transactions, Agreements. Scientific Commentary on the Civil Code of the RSFSR / Ed. by S. M. Prushitsky, S. I. Raevich. Issue V. Moscow: Legal Publishing House of the People’s Commissariat of Justice of the RSFSR, 1929.
16. Sadikov O. N. Invalid and Failed Transactions // Legal World. 2000. No. 6. Pp. 7-11.
17. Sadikov O. N. Some Provisions of the Theory of Soviet Civil Law // Soviet State and Law. 1966. No. 9. Pp. 15-24. Quoted from: V. V. Laptev Entrepreneurial (Business) Law. Selected Works. Yekaterinburg: Business, Management and Law, 2008.
18. Smolina O. S. The Concept of Transactions through a Digital Platform in Light of the Improvement of the Civil Code of the Russian Federation // Eurasian Law Journal. 2019. No. 8. Pp. 120-126.
19. Khalfina R. O. Commentary on Art. 166 of the Civil Code of the Russian Federation with amendments and add. Korshunova N. M. // Scientific and Practical Commentary on the Civil Code of the Russian Federation. In 2 volumes. Volume 1, Parts I and II of the Civil Code of the Russian Federation / Ed. by T. E. Abova, A. Yu. Kabalkin. – 7th ed., revised and enlarged. Moscow: Yurait Publishing House, 2012. 923 p.
20. Resolution of the Constitutional Court of the Russian Federation of 09.01.1998 No. 1-P “On the case of verifying the constitutionality of the Forest Code of the Russian Federation” // Collected Legislation of the Russian Federation. 19.01.1998. No. 3. Art. 429.
21. Resolution of the Arbitration Court of the Urals District dated 10.03.2023 No. F09-688/23 in case No. A60-20268/2022 // SPS Consultant Plus.
22. Resolution of the Arbitration Court of the West Siberian District dated 02.05.2023 No. F04-1102/2023 in case No. A70-11929/2022 // SPS Consultant Plus.
23. Resolution of the Arbitration Court of the Far Eastern District dated 04.10.2022 No. F03-4209/2022 in case No. A04-10002/2021 // SPS Consultant Plus.
24. Resolution of the Arbitration Court of the Far Eastern District dated October 31, 2022 No. F03-5031/2022 in case No. A37-2702/2021 // SPS Consultant Plus.
25. Rohn D., Bican P. M., Brem A., Kraus S., Clauss T. Digital platform-based business models – An exploration of critical success factors // Journal of Engineering and Technology Management, Volume 60, April–June 2021, 101625. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/abs/pii/S092347482100014X (date of visit: 16.01.2024).
26. Muzellec L., Ronteau S., Lambkin M. Two-sided Internet platforms: A business model lifecycle perspective // Industrial Marketing Management, Volume 45, February 2015, Pages 139-150. [Electronic resource]. – Access mode: https://www.sciencedirect.com/science/article/abs/pii/S0019850115000474 (date of access: 16.01.2023).
27. Shivakumar S. K., Sethii S. Building Digital Experience Platforms: A Guide to Developing Next-Generation Enterprise Applications. Apress. 2019. 378 p.
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CIVIL LAW
STARTSEVASvetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
POSSIBLE WAYS TO IMPROVE THE LEGISLATION ON GUARDIANSHIP AND GUARDIANSHIP IN THE RUSSIAN FEDERATION
The relevance of improving legislation on guardianship and guardianship is determined by the fact that despite a fairly long time period of the existence of the institution of guardianship and guardianship in the legislation of the Russian Federation and extensive law enforcement practice, there are still a number of issues requiring more detailed understanding, which cause a lot of controversy, both in the theory of civil and family law and in law enforcement practice. The effectiveness of legal protection of the legitimate interests of citizens depends on the definition of criteria for worthy and competent guardians and trustees. The degree of legal protection of the rights of wards shows the level of development of the state. There are several opinions about the legal nature of guardianship and guardianship. These circumstances require further research by the Institute of Guardianship and Guardianship. In the course of the work carried out, an analysis of the civil studies of the Institute of Guardianship and Guardianship and a systematic analysis of legislation were carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary at the legislative level to consolidate the possibility of appointing fully capable siblings to minor siblings as guardians/guardians of their minor siblings, or to provide them with the opportunity to fully participate in the lives of underage incapacitated siblings; the need to expand the grounds for termination of custody of a child of minor parents; unification of legislation by introducing a common terminology, principles and goals of establishing guardianship and guardianship.
Keywords: guardianship, guardianship, minors, limited legal capacity, incapacitated, guardianship and guardianship authority .
Article bibliographic list
1. Rybalka E. A., Kazantseva E. V. Legal regulation of guardianship and trusteeship institutions in Roman law and modern Russia // Jurist – Pravoved. 2019. No. 4 (91).
2. Ermolaeva T. A. Private law aspects of regulating guardianship and trusteeship relations // Bulletin of SSLA. 2019. No. 6 (131).
3. Kagiyev A. M. Legal nature of guardianship and trusteeship in the Russian Federation // Bulletin of Science. 2021. No. 2 (35).
4. Nintsieva T. M., Mashukova E. M. Analysis legal regulation of guardianship and trusteeship in Russia // Law and state: theory and practice. 2023. No. 6 (222).
5. Menyailo L. N., Tishchenko I. V., Menyailo D. V. Legal status minor parents. Law and state: theory and practice. 2023. No. 11 (227).
6. Maslak I. N. On the issue of the problem of legal regulation of guardianship and trusteeship over minors // International journal of humanitarian and natural sciences. 2020. No. 12-3.
7. Umarova M. A., Karamurzova I. B. Features of domestic legal policy in the field of guardianship and trusteeship // Law and state: theory and practice. 2023. No. 3 (219).
8. Rakhvanova D. N. Prospects for the development of the institution of guardianship and trusteeship in Russia // Interactive Science. 2022. No. 7 (72).
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
CHERDAKOVA Larisa Anatoljevna
Ph.D. in Law, associate professor, Head of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
CURRENT ISSUES OF COMPENSATION FOR HARM IN JUDICIAL PRACTICE
The article discusses issues related to compensation for harm in judicial practice. Law enforcement activities do not always reflect the unambiguous position of the courts in similar cases of compensation for harm, which creates discussions of both a theoretical and practical nature. The legal doctrine indicates the need to rethink the legal categories that relate to the institution of compensation for harm. The Supreme Court of the Russian Federation almost every year publishes a review of the practice of considering disputes related to compensation for harm, however, the courts continue to encounter certain difficulties in resolving this category of cases.
Keywords: harm, compensation for harm, moral damage, compensation, recovery, criteria, guilt.
Article bibliographic list
1. Eremin N. V., Goncharov A.I. Responsibility of the parties under an agreement for the provision of medical services for a feeservices // International Journal of Humanities and Natural Sciences. – 2024. – No. 2-3 (89). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/otvetstvennost-storon-po-dogovoru-vozmezdnogo-okazaniya-meditsinskih-uslug (date of access: 07/14/2024).
2. Soloviev V. Yu. Procedural features of determining the form and amount of compensation for moral damage as a way to protect civil rights // Education and Law. – 2022. – No. 10. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/protsessualnye-osobennosti-opredeleniya-formy-i-razmera-kompensatsii-moralnogo-vreda-kak-sposoba-zaschity-grazhdanskih-prav (date of access: 10.18.2023).
CIVIL LAW
TOKAREV Alexander Maximovich
student of the Far Eastern Federal University, Vladivostok
ON SOME PROBLEMS RELATED TO LEGAL REGULATION OF FINDINGS IN CIVIL LEGISLATION
The article studies the problems arising in the context of legal regulation of finds in civil legislation. The author analyzes the existing norms and provisions relating to the legal regime of finds and identifies contradictions and ambiguities that may arise in resolving disputes on this issue. The article also considers the concepts and key features of a find. Particular attention is paid to possible ways of improving the legislation in order to provide a clearer and more effective regulation in civil circulation
Keywords: find, civil law, property right, problems of legal regulation.
Article bibliographic list
1. Narushevich A. S. The concept and essence of a find in domestic legislation // Bulletin of the KRU of the Ministry of Internal Affairs of Russia. 2015. No. 3 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ponyatie-i-suschnost-nahodki-v-otechestvennom-zakonodatelstve (date of access: 11.04.2024).
2. Ulimaev R. Yu., Cheretskikh A. V. Issues of legal regulation of reward for a find // Agrarian and land law. 2023. No. 11 (227). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/voprosy-pravovogo-regulirovaniya-voznagrazhdeniya-za-nahodku (date of access: 11.04.2024).
3. Ryabinin N. A., Filipson K. Yu. The relationship between theft and discovery: issues of theory and practice // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2021. No. 3 (91). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sootnoshenie-krazhi-i-nahodki-voprosy-teorii-i-praktiki (date of access: 11.04.2024).
4. Galiullina R. Kh., Ulimaev R. Yu. Nakhodka and stray animals: a comparative analysis of civil legislation // Agrarian and land law. 2023. No. 9 (225). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nahodka-i-beznadzornye-zhivotnye-sravnitelnyy-analiz-grazhdanskogo-zakonodatelstva (date of access: 16.04.2024).
5. Khilyuta V. V. The nature of the find and its significance for determining the criminal illegality of the appropriation of the found property // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. 2018. No. 4. (108). [Electronic resource]. – Access mode: https://elib.grsu.by/doc/47683 (date of access: 04/16/2024)
CIVIL LAW
TRUSOV Fyodor Nikolaevich
student of the professional retraining program in the direction of “Management” “Management of law business” for obtaining a professional degree “Doctor of Legal Administration”
ON THE ISSUE OF THE SYSTEM OF MANAGEMENT BODIES OF THE LAW OFFICE
The article is devoted to the study of the system of governing bodies of a law office as an institution of partnership in advocacy. The author analyzed the essence and main elements of the system of governing bodies of a law office, and classified the governing bodies according to various criteria.
Keywords: law office, partnership management system, general meeting, managing partner, sole executive body.
Article bibliography
1. Solovieva S. V. Models of managing the activities of a non-profit legal entity // Journal of Russian Law. – 2017. – No. 3. – P. 73-81.
2. The role of the managing partner in the organization and work of a law firm // [Electronic resource]. – Access mode: https://lfacademy.ru (date of visit: 02/22/2024).
3. Shitkina I. S. Executive bodies of a business entity: monograph. – M.: Statute, 2022. – P. 316.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
LEGAL FEAT URES OF THE ORGANIZATION AND CONDUCT OF PLASTIC SURGERY IN RUSSIAN PLASTIC SURGERY CLINICS FOR FOREIGNCITIZENS LIVING ABROAD
The article discusses the concept and types of plastic surgery, and examines the phenomenon of medical tourism, including in Russia. The peculiarities of the legal regulation of medical care in Russia for foreign citizens are revealed. It was revealed that foreign citizens who arrived on the territory of Russia for the purpose of performing plastic surgery on a planned basis conclude contracts with clinics for the provision of paid medical services, the content of the rights and obligations of the parties under which generally does not differ from the rights and obligations of the parties under similar agreements between Russian contractors. It is noted that foreign citizens temporarily staying in the Russian Federation cannot count on free medical care under the compulsory medical insurance system and, when receiving emergency medical care (including in the field of plastic surgery), must apply for a voluntary medical insurance policy. The problem of financing medical services provided to foreign citizens temporarily staying in Russia is outlined, which consists in the absence of a mandatory or voluntary medical insurance policy for this citizen or a member of his family, or the non-coverage of real expenses for the treatment of a foreign citizen with the acquired policy.
Keywords: plastic surgery, medical care, surgery, medical tourism, contract, foreign citizen, customer, clinic, voluntary medical insurance policy .
Article bibliographic list
1. Valisheva A. L. Foreign citizens as subjects of the right to health protection and medical care // Economics, sociology and law. 2020 . No. 12.
2. Gorovenko S. V. Providing medical care to foreign citizens // University Medicine of the Urals. 2022. Vol. 8. No. 4 (31).
3. Seleznev V. D. Medical tourism and its development in modern conditions // Bulletin of the National Academy of Tourism. 2012. No. 4 (24).
4. Sergeev Yu. D., Aleksandrova O. Yu., Nasyrova A. N. On organizational and legal aspects of providing medical care to foreign citizens (using the example of cases with pathology of the maxillofacial region) // Medical law. 2014 . No. 3.
5. Strebkova E. G. Problems of implementing the right of foreign citizens and stateless persons to health protection and medical care // Bulletin of the Saratov State Law Academy. 2020. No. 5 (136).
6. Suleimanova F. O. Problems of realization of the right to medical care by workers from the EAEU member states in the Russian Federation. [Electronic resource]. – Access mode: https://dspace.spbu.ru/bitstream/11701/ 38650/1/357-367.pdf.
7. Shepeleva D. A., Tikhomirov A. V. Problems and solutions of legal support of medical tourism // Chief physician: economy and law. 2012. No. 2.
8. Shelyakin V. To Russia for health // Modern insurance technologies // 2023. No. 1.
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in sociological sciences, associate professor, associate professor of Civil law sub-faculty of the East Siberian Branch of the Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in philosophical sciences, professor of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
ON THE ISSUE OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE
Issues related to artificial intelligence are of particular relevance at the present stage of state development. This program is gradually being introduced into all spheres of public life. Moreover, the legislator is implementing step-by-step legal regulation of artificial intelligence; Thus, acts have already been adopted establishing the definition and specifics of the use of artificial intelligence. However, the main feature is that currently there is no single legal act regulating the status of artificial intelligence.
Keywords: artificial intelligence, regulations, digitalization, neural network.
Article bibliography
1. Ignatenko V. A. Ethical problems of introducing artificial intelligence into the life of Russian society: cultural and philosophical aspect // International journal of humanitarian and natural sciences. – 2022 . – No. 2-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/eticheskie-problemy-vnedreniya-iskusstvennogo-intellekta-v-zhizn-rossiyskogo-obschestva-kulturno-filosofskiy-aspekt (date of access: 11.05.2024).
2. Levchenko V. F. Menshutkin V. V. Evolution according to L. A. Orbeli and artificial intelligence // Rus. ornithol. journal. – 2024. – No. 2385. [Electronic resource]. – Access mode: https: //cyberleninka.ru/article/n/evolyutsiya-po-l-a-orbeli-i-iskusstvennyy-intellekt (date accessed)st: 07/12/2024).
CIVIL LAW
BUSLENKO Egor Olegovich
postgraduate student of Civil law and general legal disciplines sub-faculty of the Central Russian Institute of Management – branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Orel
COMPENSATION FOR MORAL DAMAGE IN CASES OF PROTECTION OF BUSINESS REPUTATION OF ENTREPRENEURS
Within the framework of the article, the author analyzes the procedure for compensation for moral damage in cases of protection of business reputation in entrepreneurial activity. The study found that in most cases, plaintiffs overestimate the amount of claims for compensation for moral damage; it is not uncommon for courts to calculate the amount of compensation for moral damage in identical cases, the amounts of which differ tenfold; there is no mechanism in legislation to compensate for expenses incurred by an entrepreneur to restore a damaged reputation. The author has attempted to solve these problems, so he has developed the following mechanism, which can include: conducting advertising campaigns; attracting experts; placing additional information on the packaging, etc. The author also considers it possible to amend the title and text of Article 1100 of the Civil Code of the Russian Federation, replacing the word “moral” harm with “immaterial”.
Keywords: business reputation, moral damage, entrepreneur, judicial practice.
Article bibliographic list
1. Buzurnyuk I. G. Protection of honor, dignity and business reputation in Russia civil law // Synergy Sciences. – 2022. – No. 77. – P. 466-478.
2. Vylegzhanina E. V., Sherstobitova M. A. Assessment of the business reputation of an organization // International Journal of Humanities and Natural Sciences. – 2019. – No. 2 -2. – P. 68-70.
3. Rozhkova M. A. Judicial practice in cases of protection of business reputation of legal entities and entrepreneurs // Business and Law. – 2010. – No. 2. – P. 45 -49.
4. Trilenko O. S. The concept of “moral damage” in modern civil legislation of Russia // Integration of sciences. – 2018. – No. 7 (22). – P. 116-119.
5. Shashurina A. G. Problems of the concept of moral damage in civil law // Alley of Science. – 2019. – Vol. 3. No. 6 (33). – P. 472-474 .
CIVIL LAW
VINICHENKO Yuliya Varazdatovna
Ph.D. in Law, associate professor, Head of Civil law and process sub-faculty of the Baikal State University, Irkutsk
THE DIGITAL FORM OF CIVIL CIRCULATION FUNCTIONING
In the development of the author’s idea of the need to distinguish the actual and legal forms of functioning of civil circulation, consisting in the change of owners of circulation objects, and determined by the shape of the objects being wrapped, the thesis about the actual, and not the legal nature of the actions of the subjects participating in the circulation in the digital environment is substantiated. Based on this, it is concluded that the digital form of the change in the owners of objects (through electronic and digital technologies or exclusively in the digital environment) should be attributed to the actual form of the functioning of civil circulation.
Keywords: civil circulation; functioning of civil circulation; forms of functioning of civil circulation; digital form of functioning of civil circulation; actual and legal forms of functioning of civil circulation; digitalization.
Article bibliography
1. Zhigas M. G., Kuzmina S. N. Blockchain and decentralized monetary system: principles of construction and development paths // Bulletin of the Baikal State University. 2020. Vol. 30. No. 1. P. 79-88.
2. Samarukha V. I., Krasnova T. G., Plotnikova T. N. Development of the digital economy in Russia and the regions of the Siberian Federal District // News of the Baikal State University. 2019. Vol. 29. No. 3. Pp. 476–483.
3. Zheleva O. V. Criteria for the use of information technology in criminal proceedings // Siberian criminal procedure and forensic readings. 2020. No. 3 (29). P. 9-19.
4. Kornakova S.V. Critical assessment of the “digitization” of criminal proceedings // Library of the criminalist. 2018. No. 3 (38). P. 58-63.
5. On Amendments to Parts One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation: Federal Law of 18.03.2019 No. 34-FZ // SZ RF. 2019. No. 12. Art. 1224.
6. National standard of the Russian Federation. Information protection. Identification and authentication. General provisions: approved and put into effect by order of Rosstandart dated 10.04.2020 No. 159-st. Moscow: Standartinform, 2020.
7. GOST R 70262.1-2022 “National standard of the Russian Federation. Information protection. Identification and authentication. Identification trust levels”: approved. and was put into effect by order of Rosstandart dated 05.08.2022 No. 740-st. M.: FGBU “RST”, 2022.
8. Kartskhia A. A. Civil-law model for regulating digital technologies: author’s abstract. dis. … Doctor of Law. Moscow, 2019. 44 p.
9. Kirsanova E. E. Account as an object of civil rights // Bulletin of Arbitration Practice. 2020. No. 2 (87). P. 44 -48.
10. Rozhkova M.A. On the legal aspects of using regtech and suptech technologies // Business and Law. 2020. No. 6. P. 3–12
11. Vasilevskaya L. Yu., Poduzova E. B., Tasalov F. A. Digitalization of civil turnover: problems and development trends (civilistic research): monograph: in 5 tt. T. I / Ed. by L. Yu. Vasilevskaya. M.: Prospect, 2021. 287 p.
12. Vainap V.A. Fundamentals of legal regulation of the digital economy // Law and Economics. 2017. No. 11. P. 5-18
CIVIL LAW
VISLOGUZOV Igor Dmitrievich
postgraduate student of the 2nd course of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
SELF-PROTECTION OF COPYRIGHTS TO A WORK ON THE INTERNET, FEATURES AND METHODS OF IMPLEMENTATION
Violation of intellectual property rights with the development of the Internet and the widespread availability of digital technologies has become a widespread and commonplace phenomenon. Legislators around the world have not ignored this problem and have provided copyright holders with many effective mechanisms for protecting their intellectual property rights, but often the copyright holder manages to stop the violation of their rights without going to court or other state-authorized organizations. This article will discuss such a phenomenon as self-defense of civil rights in the field of intellectual property, and will consider possible ways of its implementation and development prospects.
Keywords: civil law, methods of protecting civil rights, copyright, self-defense of law.
Article bibliographic list
1. V. A. Constitutional human right to self-defense in Russian Federation: dis. …cand. legal Sciences: 12.00.02. – Volgograd, 2003. – 230 pp.
2. Savelyev I. E. Blockchain technology and its application // Prand applied informatics. – 2016. – No. 6 (66).
3. Sitnik A. A. NFT As an object of legal regulation // Actual problems of Russian law. – 2022. – No. 12 (145).
CIVIL LAW
ZAKIROV Damir Azatovich
postgraduate student of Civil law and process and private international law sub-faculty of the Faculty of Law of the Academy of Labor and Social Relations
THE REPUBLIC AN PROGRAM “BASHKIR LONGEVITY”: CONTENT AND POTENTIAL FOR DEVELOPMENT
The relevance of the research topic is due to the fact that the active aging of the population in Russia requires an integrated approach to solving the problems of older citizens. In the Russian Federation, numerous programs have been developed at the regional level and at the level of the subjects of the Russian Federation, providing older people with the opportunity to socialize in new social conditions, as well as developing a set of measures for adaptation, a healthy lifestyle, and meeting various social needs for older people. The article provides a comparative analysis of the basic practical measures of the regional active longevity program and considers the possibility of their application for the development of the republican program “Bashkir longevity”.
Keywords: “Bashkir longevity”, active longevity, healthy lifestyle, citizens of the older generation, event programs.
Bibliographic list
1. Current problems of active longevity and quality of life elderly people: Sat. Art. based on the results of the Third Region. scientific-practical conf. – Kaluga: Kaluga State University, 2021. – 198 p.
2. Chausov N. Yu., Gagarina S. N., Chausov N. N. Introduction to strategic management of active longevity: theory, methodology, practice. – Kaluga: Kaluga State University, 2020. – 178 p.
3. Almazova V. A., Buylova I. E. The practice of active longevity as a way to develop the potential of the older generation // Problems of social psychology and social work: Proceedings of the XVIII All-Russian. Paryginsky scientific-practical. conf. – SPb.: St. Petersburg Humanitarian. University of Trade Unions, 2023. – P. 160-162.
4. Svishcheva I. K., Korotkaya I. I. Implementation of the active longevity strategy in the practice of social work with the elderly // Scientific results in social work. – 2022. – Vol. 1. No. 1. – P. 5-13.
5. Chausov N. Yu., Vasiliev I. D. Active longevity and factors of its provision // Russian Economic Bulletin. – 2022. – Vol. 5. No. 2. – P. 210-216.
6. Nesmeyanova I. A. Social services market and active longevity // Self-government. 2019. – Vol. 2. No. 1. – P. 270-272.
7. Rakhmatullina Z. B., Kovrov V. F. The Bashkir Longevity Project within the Framework of the Russian Concept of Active Longevity // Issues of Humanitarian Sciences. – 2022. – No. 3. – P. 26-29.
8. Khalikova E. Longevity in Bashkir // Vatandash. – 2022. – No. 10. – P. 16-27.
9. Rakhmatullina Z. B. The Bashkir Longevity Project as a Way to Form Motivation for a Healthy Lifestyle in the Elderly // Social Work in the Modern World: Theory and Practice: Collection of articles. – Maykop: Adyghe State University, 2023. – P. 256-260.
10. Rakhmatullina Z. B. Problems of Population Aging and the Search for Effective Solutions // Culture, Personality, Society in the Context of Change: New Challenges, Problems, Prospects: Proceedings of the 26th Int. Conf. – Ekaterinburg: Ural State Pedagogical University, 2023. – pp. 435-443.
CIVIL LAW
STARTSEVA Svetlana Vasiljevna
senior lecturer of Legal support of economic activity sub-faculty of the Institute of Law of the Samara State University of Economics
PROBLEMS OF USING MATERNITY CAPITAL TO IMPROVE HOUSING CONDITIONS
The relevance of improving legislation in the field of the use of maternity capital in order to improve housing conditions is relevant for many citizens who have children and are unable to earn money for these purposes on their own. The opportunity to improve housing conditions can also serve as a basis for the implementation of the state’s goals in the field of demographic policy. To improve the demographic situation, the national Demography project was launched. In the course of the work carried out, an analysis of the scientific research of the Institute of Maternity Capital and a systematic analysis of legislation were carried out. Based on the results of the analysis, the author came to the conclusion that it is necessary at the legislative level to fix the possibility of exempting the seller of residential premises from paying income tax if the housing was owned by him less than the established minimum period of ownership, and the buyer uses maternity capital, establishing the size of the shares of children in the purchased housing, not less than the proportional proportion to the amount of invested maternity capital, to introduce a new norm on criteria for improving the life of a ward, etc.
Keywords: family members, minors, maternity capital, improvement of housing conditions, guardianship and guardianship authority.
Article bibliography
1. Chernyshova E. V. Problems associated with the application of the Federal Law “on additional measures of state support for families with children” dated 12/29/2006 No. 256-FZ // Territory of Science. 2019. No. 4.
2. Velieva E. Sh., Gulevich I. V. Maternity capital: current state, certain aspects of the implementation of the right to maternity capital // Modern Science. 2020. No. 2-1.
3. Mironova TK Legal nature of relations on the provision of maternity (family) capital // Issues of Russian and International Law. 2019. Vol. 9. No. 10-1.
4. Taybulatova AN Efficiency of the implementation of the “maternity capital” program in Russia // Hypothesis. 2019. No. 1 (6).
5. Markov SN, Alekseeva AV Maternity capital: essence, mechanism, problems and development prospects // Skif. Issues of student science. 2019. No. 8 (36).
6. Petrova R. E. Actual problems of law enforcement in the field of using maternity capital // Actual problems of criminal law, criminology, criminal procedure and penal law: theory and practice: Proceedings of the IX international scientific and practical conference, Tambov, April 23-24, 2020 / Editorial board: E. Yu. Kuzmenko [et al.]. Tambov: Derzhavinsky Publishing House, 2020.
7. Baikina Yu. O., Koltunov A. L. Problems of using maternity capital to improve the housing conditions of families // News of universities. Sociology. Economics. Politics. 2021. No. 3.
8. Kovaleva O. A., Pyshnova E. S. Implementation of some principles of housing law in the aspect of the implementation of the rights of minors in housing and civil legal relations // Century of quality. 2022. No. 2.
CIVIL LAW
FILYAKOV Ruslan Alexeevich
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
INST ITUTE FOR THE PREVENTION OF HARM IN RUSSIAN CIVIL LAW
The article discusses the problems of the institution of harm prevention in Russian civil law. The author examines the legal nature of this institution, its features, as well as doctrinal approaches to its understanding. It is discussed that the prohibition of actions or suspension of activities that entails a threat of harm cannot be considered as a measure of civil liability. The correlation of this institution with tort law is under investigation. The existence of special predelict relations in the event of a threat of harm is substantiated, and their key signs are also investigated.
Keywords: obligation, tort, method of protection, predelict relations, protective legal relations, civil legislation.
Article bibliography
1. Bogdanov D. E. Evolution of civil liability. Experience of comparative legal research: Monograph. – M .: UNITY-DANA, 2011. – 119 p.
2. Civil law and process. Selected works / E. A. Krasheninnikov [et al.]; editor-in-chief Yu. V. Baigusheva. – M.: Yurait Publishing House, 2024. – 1125 p.
3. Ershov O. G. On the Development of the Civil Theory of Non-Contractual Relations to Prevent Damage during Construction // Fundamentals of Economics, Management and Law. – 2013. – No. 2. – P. 128-131.
4. Jourdain P. Principles of Civil Liability // Bulletin of Civil Law. – 2021. – No. 4. – P. 212-241.
5. Claims and Court Decisions: Collection of Articles / R. S. Bevzenko, E. A. Belyanevich, I. A. Voitko et al.; edited by M. A. Rozhkova. – M.: Statut, 2009 // SPS ConsultantPlus.
6. Karkhalev D. N. Mechanism of civil-legal regulation of security relations. – M.: Infotropic Media, 2022 // SPS ConsultantPlus.
7. Krasheninnikov E. A. Interest and subjective civil law // Jurisprudence. – 2000. – No. 3. – P. 133-141.
8. Kukharev A. E. Model of the tort of creating a danger in the civil law of Ukraine // Obligations arising not from the contract: Collection of articles / Ed. M. A. Rozhkova. – M.: Statut, 2015. – 444 p.
9. Malbin D. A. Preventive function of a negatory claim // Actual problems of Russian law. – 2023. – No. 7. – P. 86-90.
10. Senotrusova E. V. Prohibition, suspension and restriction of activities as measures of civil liability: dis. … candidate of legal sciences: 5.1.3. – Perm, 2023. – 191 p.
11. Senotrusova E. M. Institute for the prevention of harm in Russian civil law: current state and areas for improvement // Actualproblems of Russian law. – 2022. – No. 3 // SPS ConsultantPlus.
12. Sinaisky V. I. Russian civil law / Series “Classics of Russian civilistics”. – M.: “Statut”, 2002. – 638 p.
13. Fleishits E. A. Selected works on civil law. In 2 vols. Vol. 2. – M.: Statut, 2015. – 720 p.
14. H. Koziol. Prevention under Tort Law from a Traditional Point of View. Jiři Hrádek (eds.), Prevention in Law, Prague: Centrum právní komparatistiky Právnické fakulty Universitá Karlovy v Praze (Charles University Prague; ISBN 978-80-87146-90-3) 2013, pp. 133-157.
15. Gribanov V. P. Interest in Civil Law // Soviet State and Law. – 1967. – No. 1. – P. 49-56.
16. Gribanov V. P. Implementation and Protection of Civil Rights: Monograph. – 2nd ed. – M.: Statute, 2022. – P. 372.
CIVIL LAW
YAKIMUSHKINA Mariya Andreevna
postgraduate student, candidate for the degree of candidate of legal sciences of Civil law sub-faculty of the I. M. Gubkin Russian State University of Oil and Gas
TRANSACTION IN RUSSIAN CIVIL LAW. TO THE QUESTION OF THE CONCEPT
The article considers the legal nature of the transaction on the basis of the study of normative and other sources. The author analyzes the concept, nature and essence of the transaction in modern Russian civil legislation. Draws conclusions and characterizes the transaction as a type of legal act. Analyzes the civil legislation in force in the country on the subject of conceptual analysis of the transaction.
Keywords: civil law, transaction, expression of will, lawful action, contract, legal facts.
Bibliographic list of articles
1. Kovalev O. A. Aspects of studying the institution of a transaction in the theory of civil law. – M., 2001. – 56 p.
2. Matveyev I. V. Legal nature of invalid transactions. – M., 2004. – 156 p.
3. Melnikov V. S. Theoretical problems of legal regulation of transactions (under modern civil legislation of the Russian Federation): dis. … Doctor of Law. – M., 2003. – 413 p.
4. Gutnikov O. V. Invalid transactions in civil law: Theory and practice of challenging. – M., 2003. – 353 p.
5. Kurmashev N. V. The doctrine of will in a legal transaction in Soviet and modern Russian civilistic science // Bulletin of civil law. – 2007. – P. 69.
6. Shershenevich G. F. Textbook of Russian civil law. – M., 1995. – P. 113.
7. Meyer D. I. Russian civil law: In 2 parts. – M.: Statut, 1997. – Part 1. – P. 177 – 178.
8. Alekseev S. S. Unilateral transactions in the mechanism of civil law regulation // Anthology of the Ural civilistics. 1925-1989. Collection of articles. – M.: Statut, 2001. – P. 54-68.
9. Belov V. A. Civil law. General part. Vol. II. Persons, goods, facts: textbook. – M.: Yurait Publishing House, 2011. – P. 620-621.
10. Agarkov M. M. The concept of a transaction under Soviet civil law // Soviet state and law. – 1946. – No. 3-4. – P. 46.
11. Braginsky M. I. Transactions: concept, types and forms (commentary to the new Civil Code of the Russian Federation). – M., 1995. – P. 43.
12. Egiazarov V. A. Civil-law transactions. – M., 1995. – P. 3.
13. Sklovsky K. I. Transaction and its effect. Commentary to Chapter 9 of the Civil Code of the Russian Federation. The principle of good faith. 4th ed., suppl. – Moscow: Statut, 2019. – P. 65.
14. Melnikov V. S. On the issue of the concept of a civil contract // Russian judge. – 2012. – No. 12. – P. 37-42.
15. Simatova E. L., Shapoval O. V. Some problems of applying the term “transaction” in modern civil law // Lawyer-legal expert. – 2015. – No. 3 (70). – pp. 66-69.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
GROUNDS AND PROCEDURE FOR PROVIDING A TAX DEDUCTION TO A PATIENT OF A PLASTIC SURGERY CLINIC
The article examines the concept and types of plastic surgery. The procedure and methods of obtaining tax social deductions for patients of plastic surgery clinics are disclosed. It was revealed that the paid operation should be included in the list of expensive types of treatment, if they are carried out for medical reasons. The documents that must be submitted to the tax authority to confirm the right to deduction are given. It is noted that from 01.01.2024, the maximum amounts of social deductions for treatment and the procedure for their provision are increasing.
Keywords: plastic surgery, plastic surgery, clinic, treatment, deduction, tax deduction, tax authority.
Article bibliography
1. Tax Code of the Russian Federation (part two) of 05.08.2000 No. 117-FZ // Collection of Legislation of the Russian Federation, 07.08.2000, No. 32, art. 3340.
2. Resolution of the Government of the Russian Federation of December 29, 2022 No. 2497 “On the Program of State Guarantees for the Provision of Free Medical Care to Citizens for 2023 and for the Planning Period of 2024 and 2025” // Collected Legislation of the Russian Federation, January 2, 2023, No. 1 (Part II), Art. 302.
3. Federal Law of April 28, 2023 No. 159-FZ “On Amendments to Articles 219 and 257 of Part Two of the Tax Code of the Russian Federation” // Collected Legislation of the Russian Federation, May 1, 2023, No. 18, Art. 3236.
4. Aksenova A. A. Mechanism for obtaining a social deduction for treatment when calculating personal income tax // World of Science. Issue 2. 2014.
5. Budantseva V. A., Onchina K. S., Badeeva E. A. Tax deductions for personal income tax as a tool of the tax system. Social and humanitarian sciences in the 21st century: results, challenges, prospects. Collection of scientific papers of the All-Russian scientific and practical conference “Social and humanitarian sciences in the 21st century: results, challenges, prospects”. Moscow: Fora-print; 2020.
6. Durov R. S., Varnakova E. V., Kobzev K. O., Kobzeva N. D. Implementation of a tax deduction refund after receiving a medical service // In the collection: Science and education: problems and innovations. collection of articles from the IV International Scientific and Practical Conference. Penza, 2020.
7. Polyakova M. A., Nosov A. V. Tax deductions: essence and problems of their application. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nalogovye-vychety-suschnost-i-problemy-ih-primeneniya?ysclid=lpli5lop7x642129848.
8. Soboleva M. E. Nomenclature of medical services and obtaining a social tax deduction // Alley of Science. 2021. Vol. 1. No. 8 (59).
9. Solodimova T. Yu. Social tax deductions. Certain aspects of provision // // Economy, entrepreneurship and law. 2013. No. 5.
10. Tatarov K. Yu. Tax deduction for treatment: modern presentation technologies // Financial Bulletin: Finance, taxes, insurance, accounting. 2020. No. 9.
CIVIL LAW
VISLOGUZOV Igor Dmitrievich
postgraduate student of the 2nd course of the direction of “Private-legal (civil) sciences” of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University of Russia
NON-FUNGIBLE TOKEN IN THE SYSTEM OF THE MODERN COPYRIGHT LAW
Non-fungible token, abbreviated NFT, from the English non-fungible token, is a relatively new concept that arose along with the concept of blockchain. Due to its novelty, the issue of legal regulation of this technology has not been resolved. In the conditions of the modern information space, one of the key elements of which is the Internet, NFT technology, due to its capabilities, is of interest in matters of copyright protection. This article will examine the concept of NFT, assess the prospects that this technology provides in the field of protecting intellectual property rights, its current role in the field of intellectual property, as well as the prospects for its further development and application.
Keywords: non-fungible toke, copyright, intellectual property, NFT
Article bibliography
1. Vasilevskaya L. Yu. Token as a new object of civil rights: problems of legal qualification of digital law // Actual problems of Russian law. 2019. No. 5 (102).
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, Head of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
KHAKIMOVA Gulnaz Ilnurovna
bachelor of the 3rd course of the Faculty of Training Specialists for the Judicial System of the Faculty of Law of the Kazan branch of the Russian State University of Justice
PROBLEMS OF LAW ENFORCEMENT OF TYPES OF CIVIL PROCEED INGS AND SOME WAYS TO SOLVE THEM
The article is devoted to approaches to solving the problem of law enforcement of types of civil proceedings. The author also connects the ways of solving the law enforcement of types of civil proceedings with solving the problem of the workload of the judicial system of the Russian Federation. The article examines the current trends in civil proceedings – simplification and differentiation. Various ways of solving the problem of different types of civil proceedings are also proposed, namely: writ, special, correspondence within the framework of claim proceedings.
Keywords: judicial system, workload of the judicial system of the Russian Federation, simplification, differentiation, writ proceedings, court order, debtor, recoverer, absentee proceedings, claim proceedings, court session, respect for the reasons for non-attendance at the court session.
Article bibliographic list
1.Nagdalieva L. S. History of the development of simplified and order proceedings in Russian arbitration and civil proceedings // Actual problems of Russian law. – 2010. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/istoriya-razvitiya-uproschennogo-i-prikaznogo-proizvodstva-v-rossiyskom-arbitrazhnom-i-grazhdanskom-protsesse (date of access: 16.05.2024).
2. Martynenko M. A., Grigoryan G. P. Contents of claim proceedings in civil proceedings // Bulletin of science. – 2019. – No. 1 (10). – P. 60. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soderzhanie-iskovogo-proizvodstva-v-grazhdanskom-protsesse (Date of access: 05.16.2024).
CIVIL PROCEDURE
ERINA Liana Ruslanov na
student of the Kazan branch of the Russian University of Justice
FEATURES OF THE INSTITUTION OF REPRESENTATION IN CIVIL PROCEEDINGS
This article examines the historical aspects of the development of the institution of representation in civil proceedings: it briefly outlines the main stages of the development of the institution, and analyzes the content of the legal framework governing issues of representation. The points of view of several authors are examined and current problems characteristic of the current stage of development of the institution of representation in civil proceedings in Russia are considered. Possible ways to solve these problems are proposed.
Keywords: representative, lawyer, attorney, consultant, notary, representation, process, civil process.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020) Reference and legal system “ConsultantPlus”
2. Federal Constitutional Law of 31.12.1996 No. 1-FKZ (as amended on 16.04.2022) “On the Judicial System of the Russian Federation” (as amended and supplemented, entered into force on 01.01.2023) // Reference and legal system “ConsultantPlus”
3. Arbitration Procedure Code of the Russian Federation of July 24, 2002 No. 95-FZ (as amended on December 25, 2023) (as amended and supplemented, entered into force on January 5, 2024) // Reference and legal system “ConsultantPlus”
4. Civil Procedure Code of the Russian Federation of November 14, 2002 No. 138-FZ (as amended on December 25, 2023, as amended on January 25, 2024) // Reference and legal system “ConsultantPlus”
5. Civil Code of the Russian Federation. Part 1 of 30.11.1994 No. 51-FZ (as amended on 24.07.2023) // Reference and legal system “ConsultantPlus”
6. Arzumanyan, T. V., Rotova Ya. A. Features of representation in civil proceedings // Young scientist. – 2022. – No. 24 (419). – P. 171-173.
7. Velikanova T. A. Institute of representation in civil law // Issues of Russian justice. – 2019. – No. 4. – P. 124-132.
8. Zorkina A. Yu., Nikolenko A. A. Institute of representation in civil proceedings as a means of guaranteeing the constitutional foundations of legal proceedings // International journal of humanitarian and natural sciences. – 2020. – No. 10-3. – P. 88-90.
9. Izutina S. V., Barkova M. A. Civil-law institute of representation at the present stage: prospects and proposals for legal regulation // Economy. Law. Society. – 2019. – No. 1 (17). – P. 42-47.
10. Selezneva O. V. Formation of the institute of representation and its development at the present stage // Actual problems of Russian law. – 2009. – No. 1. – P. 76-82.
11. Tyurina D. S., Fadeev A. V. Representation in civil proceedings // Modern Science. – 2019. – No. 12-3. – P. 275-278.
12. Legal basis for the institution of representation in civil proceedings. – [Electronic resource]. – Access mode: https://conf.siblu.ru/pravovye-osnovy-instituta-predstavitelstva-v-grazhdanskom-processe (date of access: 17.02.2024).
13. Appellate ruling of the Ostrovsky District Court of the Kostroma Region dated August 21, 2013 in case No. 11-11-2013. – [Electronic resource]. – Access mode: https://www.garant.ru (date of access: 17.04.2023).
14. Bogomolov M. V. Institute of judicial representation in civil and arbitration proceedings // Bulletin of PAGS. – 2013. – No. 2 (35). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/institut-sudebnogo-predstavitelstva-v-sovremennom-grazhdanskom-i-arbitrazhnom-protsesse (date of access: 04/17/2024).
CIVIL PROCEDURE
LARIN Vadim Ruslanovich
magister student of the 2nd course of the Far Eastern Federal University, Vladivostok
KAREVA Tatyana Yurjevna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Far Eastern Federal University, Vladivostok
ON THE RELATIONSHIP BETWEEN ABUSE OF PROCEDURAL RIGHTS INTHE RUSSIAN FEDERATION AND SOME EUROPEAN COUNTRIES
This article examines the issue of the concept of abuse of procedural law in the Russian Federation and some European countries belonging to the Romano-Germanic legal family. The work provides foreign sources of civil procedural law, the positions of scientists on this issue, which show that there are two different approaches to the abuse of procedural law.
The author proposes to move away from the “French” approach in Russian legislation to abuse of procedural law and adopt the “German” experience. A similar approach, based on the general ethical and legal principle of good faith, would be more correct for the Russian civil process.
Keywords: abuse of procedural rights, concept of abuse of procedural rights, types of abuse of procedural rights, civil procedure, French legislation, German legislation, Polish legislation.
Article bibliography
1. Abolonin V. O . Abuse of the right to sue in civil proceedings in Germany: author’s abstract. diss. … candidate of legal sciences. – Ekaterinburg, 2008. – P. 27.
2. Lyabakh A. O. History of the development of abuse of rights in Germany , France and Switzerland // Education and Law. – 2018. – No. 5. – P. 288-291.
3. Soloviev A. A. Civil Procedure Code of the French Republic: general characteristics // Education and Law. – 2017. – No. 4. – P. 274 .
4. Commentary on the Arbitration Procedure Code of the Russian Federation / Ed. by V. F. Yakovlev, M. K. Yukov. – M.: Gorodets-publishing house, 2003. – P. 139.
CIVIL PROCEDURE
LAPTEVA Vera Dmitrievna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
A CLAIM IN THE CIVIL PROCEDURE OF THE RUSSIAN FEDERATION: PROBLEMS OF DEFINING THE CONCEPT OF A CLAIM
This article discusses current issues related to the consideration of the concept of a claim in civil proceedings. The problem of the concept of a claim in civil proceedings and its legal nature is considered. The author considered the concepts (theories) of understanding the claim from the substantive and procedural sides, as well as analyzed the positions of scientists regarding its legal nature. The concept of the subject of the claim was also considered. The author concludes that it is necessary to consolidate the legal definition of “claim” in civil procedural legislation, which would help eliminate the legal gap, as well as the discussion in the scientific community regarding the legal nature of the claim.
Keywords: civil procedure, civil proceedings, lawsuit, court, procedural law.3
Article bibliography
1. Constitution Russian Federation (adopted by popular vote on 12.12.1993 with amendments from 04.10.2022) // Official Internet portal of legal information (www.pravo.gov.ru) from October 6, 2022.
2. Civil Procedure Code of the Russian Federation ” dated 14.11.2002 No. 138-FZ (as amended on 25.12.2023, as amended on 25.01.2024) // Collection of Legislation of the Russian Federation”. – 18.11.2002. – No. 46. – Art. 4532.
3. Abova T. E., Bonner A. T. Professor Mark Arkadyevich Gurvich // Bulletin of the University named after O. E. Kutafin (MSAL). – 2015. – No. 9 (13). – P. 176-183.
4. Ivakin V. N. The concept of a claim: problems of definition // LexRussica (Russian law) . – 2019. – No. 12 (157). – P. 28-40.
5. Kolganova A. D. The concept of a claim in civil proceedings // Forum of young scientists. – 2021. – No. 2 (54).- P. 50-53.
6. Osokina G. L. Civil procedure. General part: textbook. – 3rd ed., revised. – Moscow: Norma: INFRA-M, 2013. – 703 p.
7. Pyatiletov I. M. Change of the subject of the claim: Questions of the science of Soviet civil procedural law // Works: Questions of the science of Soviet civil procedural law. Works of VYuZI. – M.: RIO VYuZI, 1975. – V. 38. – P. 153-180.
CIVIL PROCEDURE
ORLOVA Alexandra Ivanovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty of the Krasnoyarsk State Agrarian University
ACTUAL PROBLEMS OF EVALUATION OF SCREENSHOTS OF ELECTRONIC CORRESPONDENCE OF THE PARTIES BY COMMERCIAL COURTS
The article analyzes the problems that arise in the process of considering economic disputes when evaluating the screenshots of e-mail correspondence submitted by the parties in support oftheir position. The author notes that the courts ambiguously assess such evidence in cases where the content of the submitted correspondence is not notarized. Based on the results of the study, the author concludes that there is a presumption of the admissibility of screenshots certified by the persons participating in the case, which can be refuted only by the results of verification of the statement of the procedural opponent about the falsification of such evidence.
Keywords: evidence, screenshot, admissibility, written form of the contract, electronic form, information.
Article bibliographic list
1. Filippov A. E. Certain legal aspects of regulating the turnover of digital assets in Russia and abroad // Arbitration disputes. – 2018. – No. 4. – P.85-91.
2. Boriskina N. I. Procedural form of evidence in modern civil proceedings: Diss. … Cand. of Law. – M.: Moscow State University named after M. V. Lomonosov, 2020. – 178 p.
3. Yuzefovich V. B. Evidence and proof in arbitration proceedings: analysis of law enforcement practice. Conclusions of a forensic lawyer. – M .: Infotropic Media, 2012. – 240 p. .
CIVIL PROCEEDINGS
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
KUSKOVA Irina Vitaljevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St . Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
YURJEVA Valentina Yurjevna
student of the Hero of the Russian Federation, Army General E. N. Zinichev St . Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
THE ROLE OF ENFORCEMENT PROCEEDINGS IN CIVIL PROCEEDINGS
In the article, the authors analyzed the essence of enforcement proceedings, and revealed the importance of enforcement proceedings for the entire civil process as a whole. According to the authors, enforcement proceedings are not just the final stage of the process, but the stage at which court decisions are actually executed, which is of great practical importance. The authors express the position that through enforcement proceedings it is possible to realize various tasks and goals that face the civil process. The primary importance of enforcement proceedings is to ensure the rights, freedoms and legitimate interests of both individuals and legal entities, as well as the entire state as a whole. The authors point out that enforcement proceedings allow for a balance of interests of the parties involved in the civil process.
Keywords: enforcement proceedings, civil proceedings, judicial acts, bailiff, recovery.
Article bibliography
1. Bakurova N. N. Enforcement proceedings and administrative reform // Modern Russian law: interaction of science, rule-making and practice. Part 3 . – M.: Prospect, 2018. – 366 p.
2. Bikbaeva V.Kh. Concept and objectives of enforcement proceedings // Young scientist. – 2018. – No. 38 (224). – P. 109-112 .
3. Vikut M.A., Isaenkova O.V. Enforcement proceedings: practical training. – M.: Spark, 2016. – 412 p.
4. Koshcheeva E. S. The place of the court in enforcement proceedings // Bulletin of KSU named after N. A. Nekrasov. – 2016. – No. 5. – P. 197-199.
5. Maleshin D. Ya. Complex branch of law of enforcement proceedings // Bulletin of civil procedure. – 2020. – No. 4. – P. 58-88.
6. Rogozhkina Yu. Yu . The place of enforcement proceedings in the Russian legal system // Young scientist. – 2020. – No. 44 (334). – pp. 273-275.
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, associate professor, Head of Civil process law sub-faculty of the Kazan branch of the Russian State University of Justice
VALITOVA Diana Ildarovna
student of the 3rd course of the Faculty of Law of the Kazan branch of the Russian State University of Justice
MODERN TECHNOLOGIES IN CIVIL PROCEEDINGS
In this article the author considers the possibility of more active introduction of modern technologies in civil proceedings. The experience of other countries in this matter is considered, and the prospects of their introduction into the Russian judicial system are analyzed. The author primarily favors a common national digital system with elements of artificial intelligence and assesses the advantages of its implementation.
Keywords: e-justice, artificial intelligence, civil process, civil litigation, artificial intelligence, digitalization, modern technologies.
Article bibliography
1. Antinucci M. The EU Ethical Charter on the Use of Artificial Intelligence Technologies in the Judicial System and the Legislation Regulating Blockchain as a “Trojan Horse” for the Fight against Counterfeiting in a Global Perspective // Bulletin of the Kutafin Moscow State Law University (MSAL). – 2020. – No. 2 (66). – P. 36-42.
2. Gelieva I. N. Use of Digital Technologies in Civil Proceedings // Scientific Notes of the Vernadsky Crimean Federal University. Legal Sciences. – 2023. – Vol. 9. No. 3. – P. 349-355.
3. Gubina E. N. Digitalization of civil proceedings: pros and cons of innovative technologies // Innovations in science and practice: Collection of articles based on the materials of the XVI international scientific and practical conference. In 3 parts, Barnaul, April 17, 2019. Volume Part 3. – Barnaul: Limited Liability Company Dendra, 2019. – P. 46-50.
4. Khabrieva T. Ya. Law in the context of digital reality // Journal of Russian Law. – 2018. – No. 1 (253). – pp. 85-102.
CIVIL PROCESS
LOBOV Nikita Vladimirovich
student of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
ELMURZAEV Asoltan Valerjevich
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty of the Hero of the Russian Federation, Army General E. N. Zinichev St. Petersburg University of the State Fire Service of the Ministry of Emergency Situations of Russia
GENERAL CHARACTERISTICS OF THE PERSONS INVOLVED IN THE CASE
The article examines the main subjects of the civil process. The judicial body plays the role of an independent and neutral participant in the process, which makes decisions based on the evidence presented and applies the law. The parties in the process act as defenders of their interests and present their arguments and evidence before the court. The author of the article also identifies other subjects of civil procedure, such as third parties, experts, translators and other specialists who can participate in the process and facilitate the administration of justice. In conclusion, the author notes that the subject composition and classification of the civil process are important aspects of its implementation and ensure the fairness and effectiveness of justice.
Keywords: civil procedure, civil proceedings, court, civil law, subjects of civil law relations, judicial authority, assistance in the administration of justice.
Article bibliography
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments dated 04.10.2022) // Official Internet portal of legal information (www.pravo.gov.ru) dated October 6, 2022.
2. The Civil Procedure Code of the Russian Federation dated 14.11.2002 No. 138-FZ (as amended on 25.12.2023, as amended on 25.01.2024) // Collection of Legislation of the Russian Federation”. – 18.11.2002. – No. 46. – Art. 4532.
3. Borzykh D.S., Gelenidze M.E., Orlova E.E. Procedural rights and obligations of persons participating in the case // Economic aspects of industrial development in the transition to a digital economy: Collection of scientific articles based on the materials of the II International Scientific and Practical Conference, Ufa, May 08, 2020. – Ufa: Limited Liability Company “Scientific Publishing Center” Vestnik Nauki “, 2020. – P. 253-257.
4. Branovitsky K. L. Concept and meaning of judicial guidance in the consideration of a case on the merits in civil proceedings in Germany // Law. Moscow. – 2014. – No. 4. – P. 177-186.
5. Smirnov A. S. Persons participating in a case as subjects of a civil procedural legal relationship // Interactive Science. – 2024. – No. 1 (87). – P. 68-71.
JUDICIAL, NOTARIAL AND LAWYER ACTIVITIES
ABDULAZIZOV Anar Mehmanovich
magister student of Civil and arbitration process sub-faculty of the Samara State University of Economics
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty of the Samara State University of Economics
PROBLEMS OF APPLYING MEDIATION AGREEMENTS IN PRACTICE
The article discusses the frequency of use of notarized mediation agreements in practice will increase due to overcoming the above factors. One of the options for solving the problem would be to consolidate at the normative level the mechanism of interaction between the mediator and the notary during mediation. Mediation as an alternative method of dispute resolution is rapidly developing and becoming increasingly popular. However, despite their advantages, mediation agreements in practice face a number of problems and difficulties.
This work explores the problems that arise when applying mediation agreements in practice. The main reasons that make it difficult to successfully conclude and implement mediation agreements are analyzed, including insufficient information to the parties, insufficient confidence in the mediation process, as well as difficulties in ensuring the execution of agreements.
Keywords: dispute, mediation, agreement, notary, insurance.
Article bibliographic list
1. Federal Law of July 26, 2019 No. 197- Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” // Rossiyskaya Gazeta. – No. 166. – July 31, 2019.
2. Arbitration Procedural Code of the Russian Federation” dated July 24, 2002 No. 95-FZ (as amended on March 18, 2023, as amended on June 22, 2023) // Collection of Legislation of the Russian Federation . – 29.07.2002. – No. 30. – Art. 3012.
3. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (as amended on 24.06.2023, as amended on 20.07.2023) // Collection of Legislation of the Russian Federation. – 18.11.2002. – No. 46. – Art. 4532.
4. Federal Law of 27.07.2010 No. 193-FZ (as amended on 26.07.2019) “On an alternative dispute resolution procedure with the participation of a mediator (mediation procedure)” // Collection of Legislation of the Russian Federation. – 02.08.2010 . – No. 31. – Art. 4162.
5. Ageeva G. E. [Electronic resource]. – Access mode: http://test.ssla.ru/dissertation/dissert/20-06-2014- 1d.
6. Kazankova T. N., Ekamasova E. V. Digital transformation of society in the context of new challenges // Questions of Economics and Law. – 2022. – No. 169. – P. 10-13.
7. Lang P. P. [Electronic resource]. – Access mode: https://search.rsl.ru/ru/record/01011022172.
8. Rosfinmonitoring, edited on July 23, 2021. [Electronic resource]. – Access mode: https://fedsfm.ru/news/5246.
9. Kazankova T. Artificial intelligence as an object of legal protection // In the collection: Current Achievements, Challenges and Digital Chances of Knowledge Based Economy. – Cham, 2021. – P. 371-376.
10. In the collection: Digital Technologies in the New Socio-Economic Reality. Lecture Notes in Networks and Systems. Series “Lecture notes in networks and systems”. – 2022. – pp. 637-643.
ARBITRATION PROCESS
KHACHIROV Adam Valerjevich
student of the 4th course Faculty of Law of the Crimean branch of the Russian State University of Justice, Simferopol
ALAVERDYAN Egine Grigorovna
lecturer of Civil and arbitration proceedings sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
TOPICAL ISSUES OF REPRESENTATION IN COMMERCIAL LITIGATION
The article is devoted to the analysis of current issues arising in the process of attorneys’ participation in commercial litigation. The author focuses on such matters as the need to present an attorney’s warrant instead of a power of attorney, difficulties in assessing the reasonableness of expenses for representative services and their recovery, as well as obstacles in obtaining information upon attorneys’ requests. The paper proposes specific legislative amendments aimed at eliminating the identified problems and optimizing the activities of attorneys in the commercial litigation process. In addition, the article touches upon the development of electronic services designed to improve the efficiency of representatives’ work in the context of digitalization of justice.
Keywords: commercial litigation, legal representation , attorney, warrant, power of attorney, reasonableness of expenses, attorney’s request.
Bibliographical list of articles
1. Arbitration process: a textbook for students of law universities and faculties. – 5th ed., revised. and additional / Ed. M.K. Treshnikova. – M.: Gorodets, 2016. – P. 154-155.
2. Semenov A. V., Chizhikova A. V., Brik V. I. Problems of practical application of the lawyer’s request // Eurasian Law Journal. – 2022. – No. 1 (164). – P. 421-423. – EDN TOGFVO.
3. The Importance of the Ethics of a Lawyer’s Behavior, Principles and Methods of Its Implementation / A. E. Nurjanyan, F. G. Popandopulo, A. V. Semenov, I. S. Kulikovskaya // International Journal of Humanities and Natural Sciences. – 2021. – No. 11-4 (62). – P. 76-79. – DOI 10.24412/2500-1000-2021-11 -4-76-79. – EDN HHSAQM.
4. Nurjanyan A. E., Popandopulo F. G., Chizhikova A. V. Representation in the arbitration court // Modern school of Russia. Modernization issues. – 2021. – No. 8-2 (37 ). – P. 49-51. – EDN QVIRPP.
5. Prokofiev M. G. Some problems of participation of a lawyer in arbitration proceedings // Young scientist. – 2019. –№ 24 (262). – P. 249-251.
6. Kondratenko N. A., Shirokova M. V. On the problem of implementing the institution of professional representation in arbitration proceedings // Bulletin of the Arbitration Court of the Moscow Region. – 2018. – № 1. – P. 82-91.
LAND LAW
BUTENKO Anastasiya Georgievna
magister student of the 1st course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
KUDRYAVTSEVA Larisa Vladimirovna
Ph.D. in Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
LEGAL REGULATION OF STRATEGIC PLANNING IN THE FIELD OF AGRIBUSINESS
This article analyzes the legal regulation of strategic planning in the field of agribusiness. The relevance of the stated research topic is directly due to the importance of agriculture and the agricultural complex for the country. Traditionally, in the history of Russia, the state pays increased attention to the problems and issues of agricultural development, adopts various kinds of state programs, develops support measures, etc. However, agriculture remains one of the most problematic areas in the country, all measures taken are widely criticized and at the present stage there has not been any significant growth in agriculture, which indicates the low effectiveness of government programs for the development of agriculture and measures to support them.
Keywords: agribusiness, agricultural complex, agriculture, strategic planning, planning, agribusiness development, agricultural development, agricultural production, agricultural sector.
Article bibliography
• Basos E. V. State housing policy for the development of rural areas // Family and housing law. – 2022. – No. 5. – P. 24-27.
• Voronina N. P. Legal support for the digitalization of agriculture // Law and digital economy. – 2021. – No. 3. – pp. 20-26.
LAND LAW
DEREGLAZOV Anton Alexeevich
postgraduate student of International and public law sub-faculty of the Faculty of Law of the Financial University under the Government of the Russian Federation
THE GENESIS OF LEGISLATIVE REGULATION OF LAND SURVEYING AND LAND MANAGEMENT IN RUSSIA
The article discusses historical and functional approaches to the periodization of the main stages of the development of legislative regulation of land surveying and land management in Russia. It is shown that using the historical method, six main stages of the development of legislative regulation of land surveying and land management in Russia can be identified, based on the adoption of the most important legal acts that most strongly influenced the transformation of public relations in this area. The author also substantiates a functional approach for the periodization of legislative regulation of land surveying and land management in Russia, which allows us to consider the development of legislative regulation from the point of view of the main function of land management, the fulfillment of which legislation is designed to ensure in a particular historical period.
Keywords: land surveying, land management, land management, history of land management, land law.
Bibliography of articles
1. Varlamov A. A., Khabarov A. V. Ecology of land use and protection of natural resources. – M.: KolosS, 1999. – P. 159.
2. Derman M. Backward plot // Specialist in socialist agriculture. – 1932. – No. 7-8. – P. 11-14.
3. Komov N. V. Russian model of land use and land management. – M., 2001. – P. 625.
4. Komov N. V., Rodin A. Z., Alakoz V. V. Land relations and land management in Russia. – M.: Ruslit, 1995. – P. 509.
5. Kofod A. A. “Russian land management” // Rural Bulletin. – SPb.: 1914. – P. 172.
LAND LAW
KORDUBAN Alexandra Evgenjevna
student of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty of the St. Petersburg Polytechnic University, associate professor of the Higher School of Jurisprudence and Forensic-Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
LEGAL MECHANISM FOR THE USE OF LAND PLOTS FROM ENERGY INDUSTRY LANDS
The article is devoted to the study of the legal mechanism for the use of land plots from energy lands, as well as to the identificationof some features of the legal regime of this category of land. The study of the legal mechanism for the use of energy land helps to identify the main problems that arise in the process of direct use of land, which in the future can contribute to the development of ways to solve them. It is concluded that there is an objective need to simplify some administrative procedures for more efficient and safe use of these lands. According to the authors, it is advisable to determine a single body responsible for developing land legal policy and exercising control over the use of land plots for their intended purpose.
Keywords: energy lands, use of land plots, legal regime of energy lands, Land Code of the Russian Federation, intended purpose.
Article bibliographic list
1. Land Code of the Russian Federation from 25.10.2001 No. 136-FZ (as amended on 14.02.2024) (as amended and supplemented, entered into force on 01.04.2024) // SPS “ConsultantPlus”.
2. Order of the Federal Service for State registration, cadastre and cartography dated November 10, 2020 No. P/0412 “On approval of the classifier of types of permitted use land plots” (as amended on 23.06.2022) // SPS “ConsultantPlus”.
3. Federal Law “On Land Management” dated 18.06.2001 No. 78-FZ (as amended on 30.12.2021) // SPS ” ConsultantPlus”.
4. “Review of the practice of courts considering cases related to changing the type of permitted use of a land plot” (approved by the Presidium of the Supreme Court of the Russian Federation on 11/14/2018) // SPS “ConsultantPlus”.
5. Ignatyeva I. A. Placement of energy facilities on lands and land plots without their provision and establishment of an easement, public easement: problems of legal regulation and law enforcement // Laws of Russia: experience, analysis, practice. – 2023. – No. 2. – pp. 14-21.
LAND LAW
PEREPECHKINA Elena Gennadjevna
Ph.D. in economical sciences, associate professor of the Russian State Social University
LOSENKOV Oleg Igorevich
Ph.D. in political science, associate professor of the Astrakhan State Technical University
TOOLS FOR MANAGING THE LAND AND PROPERTY COMPLEX OF THE REGIONS
The main instrument of state regulation in the ZIK management system are: control, analysis and monitoring of real estate; lending programs; financing and tools of fiscal policy. With the help of this set of tools, the authorities exert a controlling influence on the subjects of management of the property complex. According to the authors, there are problematic issues in the management of the ZIK, the absence of which will preclude the possibility of ensuring sustainable development and fully realizing the inherent potential of the ZIK. Existing problems are related to maintaining reliable information regarding the use of real estate and its condition; difficulties in maintaining ZIK-related real estate in a competitive condition and attracting investments; a decrease in budget revenues due to a reduction in the area of land in circulation.
Keywords: land and property complex, region, management, sustainable development, budget policy.
Article bibliographic list
1. “Land Code of the Russian Federation” dated 10.25.2001 No. 136-FZ (as amended on 12.30.2020) (as amended and supplemented. , entered into force on 10.01.2021) // SPS “Consultant Plus”.
2. State budgetary institution of the Astrakhan region “Center for assistance in the development of the land and property complex”. Ministry of Property and Urban Development Relations of the Astrakhan Region. [Electronic resource ]. – Access mode: https://augi.astrobl.ru/podvedomstvennye-ucrezdeniya/286-guaocsrzk (date of access: 30.04.2024).
3. Ministry of Property and Urban Development Relations of the Astrakhan Region. [Electronic resource]. – Access mode: https://augi.astrobl.ru/ (date accessed: 30.04.2024).
4. Strategy for spatial development of the Russian Federation for the period up to 2025 (approved by the order of the Government of the Russian Federation No. 207-r dated 13.02.2019 ) // SPS “ConsultantPlus”.
FAMILY LAW
KRASNOVA Tatyana Vladimirovna
associate professor of Civil law disciplines sub-faculty of the Tyumen State University
KUCHINSKAYA Lidiya Alexeevna
senior lecturer of Civil law disciplines sub-faculty of the Tyumen State University
PROTECTION OF THE INTERESTS OF CHILDREN IN DETERMINING THE SHARES IN THE OWNERSHIP OF HOUSING ACQUIRED WITH THE PARTICIPATION OF MATERNAL (FAMILY) CAPITAL
The article examines the current state and prospects for the development of legal regulation of relations related to the protection of children’s rights during the dissolution of marriage and the division of housing acquired with the participation of maternal (family) capital. The authors explore controversial issues, determining the range of subjects of common shared ownership of the specified object, the problems of determining the legal regime of the spouses’ property, the specifics of including an agreement on determining the shares in the ownership right. In conclusion, the authors conclude that it is necessary to change existing approaches to determining the child’s share of ownership, taking into account the analysis of current judicial practice.
Keywords:maternal ( family) capital, shared ownership, protection of children’s rights.
Article bibliographic list
1. Bevzenko R. S. Commentary on Art. 8.1. Civil Code // Basic provisions of civil law: Article-by-article commentary on articles 1 – 16.1 of the Civil Code of the Russian Federation / Rep. ed. A. G. Karapetov. M.: Statut, 2020. 573 p.
2. Nazemtsev D. M. On the issue of identifying the legal nature of the obligation to register in common ownership a residential property acquired (built, reconstructed) using maternal (family) capital // Family and housing law. 2022. No. 5. P. 35-40.
3. Rasskazova N. Yu. Acquisition of residential premises using maternity (family) capital // Law. 2021. No. 11. P. 104-115.
4. Ruzakova O. A., Demkina A. V. Issues of development of Russian legislation on de facto marital relations // Civil law. 2024. No. 3. P. 39-41.
5. Chashkova S. Yu. Legal regimes of property of spouses: issues of theory and practice // Family and housing law. 2023. No. 6. P. 13-17.< br /> 6. Chashkova S. Yu. Grounds and procedure for the emergence of a regime of common shared property among spouses: dissonance of legal regulation and judicial practice // Family and housing law. 2022. No. 4. pp. 17-21.
LABOR LAW
GUDKOVA Diana Ruslanovna
student of the Far Eastern Federal University, Vladivostok
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
PROBLEMS OF LEGAL REGULATION OF THE WORK OF MEDICAL WORKERS
In the presented article, the authors analyze national legislation aimed at regulating the work of medical workers, as well as identify gaps in this regulation. This work reflects the specifics of the work of medical workers, in connection with which the authors propose amendments to the labor legislation of the Russian Federation, which would improve the legal status of healthcare workers, which, in turn, could contribute to the influx of young personnel into the ranks of medical workers.
Keywords: medical workers, the Labor Code of the Russian Federation, medical care, legal regulation of labor, the healthcare sector.
Article bibliographic list
1. Pichugina E. N. Problems of legal regulation of labor of medical workers // International scientific journal “Bulletin of Science”. – 2023. – No. 10 (67 ). – Volume 4. October. – Art. 391.
2. Cherkashina M. I. Features of legal regulation of labor of medical workers // Journal “Issues of Russian Justice”. – 2020. – No. 7. – Art. 405.
LABOR LAW
KIRILLOVA Larisa Sergeevna
Ph.D. in Law, associate professor of Environmental, labor law and civil process sub-faculty of the Faculty of Law of the Kazan (Privolzhie) Federal University; associate professor of Civil process law sub-faculty of the Kazan Branch of the Russian State University of Justice
GIRFANOVA Gulfina Gamilevna
student of the 4th course of the Faculty of Law of Kazan (Privolzhie) Federal University
ENSURING THE RIGHT OF AN EMPLOYEE TO PROTECT HIS DIGNITY DURING HIS WORKING LIFE
The article examines the content of the principle of ensuring the employee’s right to protect his dignity during his working life and the problems of its protection. It is noted that “personal dignity” does not have a legal definition, despite the mention of this category in regulations. It is also stated that the mechanisms enshrined in civil law are not suitable for the employee to protect his dignity, which is due to the authoritative nature of labor relations. However, there are currently no special industry-specific protection mechanisms. In this regard, amendments to the Labor Code of the Russian Federation are proposed to solve the identified problem.
Keywords: labor law; labor relations; principles of labor law; employee dignity .
Article bibliographic list
1. Kirillova L. S. On personal non-property rights of an employee // Bulletin of the Volga University named after V. N. Tatishchev. – 2022. – T. 1. No. 2 (101). – P. 107-114.
2. Loos E. V.., Titova E. A. General characteristics of the concept of honor and dignity of an individual // Bulletin of the Barnaul Law Institute of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (30).
3. Lushnikova M. V. Personal non-property labor rights in the 21st century // Labor law in Russia and abroad. – 2020. – No. 1. – P. 17-20.
4. Menger A. Civil law and the poor classes of the population. – St. Petersburg: Publishing house “Prosveshchenie”, 1906. – 229 p.
5. Suleimanova F. O. Prospects for ratification of Article 26 of the European Social Charter (the right of an employee to protect his dignity during work) // Social and pension law. – 2022. – No. 1. – P. 43-49.
6. Shtanko I. N. Personal dignity as a legal phenomenon: dis. … Cand. of Law. – Vladimir, 2006. – 194 p.
7. Shcherbakova O. V. The principle of ensuring the employee’s right to protect his dignity during labor activity // Russian Law Journal. – 2019. – No. 1. – P. 124-129.
LABOR LAW
LINETS Alexander Alexandrovich
Ph.D. in Law, associate professor of Labor law sub-faculty of the M. V. Lomonosov Moscow State University
LEGAL ASPECTS OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE FIELD OF LABOR (PART 3: ISSUES OF PERCEPTION OF JUSTICE)
The development and widespread introduction of artificial intelligence technologies have the potential to significantly transform the labor market and the characteristics of the interaction of its subjects. This transformation can have both a positive and a negative impact on the economic and social development of society, as well as on the position of the subjects of the labor market. The research of possible reactions of the state to the development of legislation in response to the above-mentioned changes in line with the harmonization of the interests of employees, employers and the state is becoming relevant. This issue is primarily based on the question of whether there is a need for legal regulation in the area under consideration at all, and, if the answer is yes, in determining the specifics of the relevant regulation, in particular the issues of legitimizing decision-making by employers using AI and the perception of the fairness of such decisions (both in a substantive and procedural sense). In part three of this study, the limits of the implementation of labor power using an AI system are considered.
Keywords: artificial intelligence, labor standards, prohibition of discrimination, legal constructions.
Article bibliographic list
1. Penov Yu. V. Labor management in a mixed economy: legal problems: dis. …cand. legal Sci. – Saint Petersburg, 2003. – 218 p.
2. Erokhina T. V. On the issue of the illegality of termination of an employment contract before the expiration of the notice period // Bulletin of the Saratov State Law Academy. – 2023. – No. 5 (154). – P. 278-284.
3. Filipova I. A. The impact of digital technologies on labor: guidelines for labor law. – Nizhny Novgorod: Nizhny Novgorod State University, 2021. – 106 p.
LABOR LAW
SEMYANNIKOVA Dina Alexandrovna
Ph.D. in Law, associate professor of Civil and labor law sub-faculty of the North-West Institute of Management of the Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation
PROBLEMATIC ISSUES OF MAINTAINING THE EMPLOYMENT RELATIONSHIP BETWEEN AN EMPLOYER AND AN EMPLOYEE WITH AN ESTABLISHED DISABILITY
Within the framework of the research author considers problematic issues related to the organization of specially equipped workplaces for disabled people and the adaptation of the work process in accordance with both the needs of both the disabled person and the needs of the employer. The author concludes that the provision of reasonable accommodation for employees with disabilities in the workplace should take place with the concerted cooperation of the state and the employer, which includes consistent actions mediated by the new legislative regulation.
Keywords: disabled person, labor, workplace equipment, reasonable accommodation, military personnel.
Article bibliography
1. Buyanova M. O. [et al.]. Social and labor rehabilitation and adaptation of disabled people and the elderly: a teaching aid for universities. – Moscow: Yurait Publishing House, 2024. – 133 p.
2. Abdulaeva Z. Z., Magomedova P. I. Foreign experience of labor rehabilitation of disabled people in order to promote their employment and the possibility of its adaptation to Russian practice // Regional problems of economic transformation. – 2020. – No. 8. – P.141-148.
3. Aleksandra, Polak-Sopinska., Monika, Owczarek. (2017). Workplace Adjustments for People with Disabilities. A Case Study of a Research Company. Part II – Adjustment Recommendations. 355-367. doi: 10.1007/978-3-319-60474-9_33.
4. Ayu, Pratiwi., Pius, Triwahyudi. Jaminan Perlindungan yang Berkeadilan bagi Tenaga Kerja Difabel Akibat Kecelakaan Kerja. – 2020. – No. 7 (2). – R. 66-75. doi: 10.20961/BESTUUR.V7I2.40407.
5. Javier, Stillig. 3 The Current and Future Law of Accommodation. – 2023. – R. 49-62. doi: 10.1515/9783110743647-004.
6. Tsetsegmaa T., Ariunbileg S.M. The rights of persons with disabilities to work: challenges and solutions // Human resource and leadership journal. – 2022. – No. 7 (2). – R. 26-48. doi: 10.47941/hrlj.987.
LABOR LAW
SOKOLOVA Mariya Maximovna
student of the 2nd course of the Far Eastern Federal University, Vladivostok
MATVEEV Andrey Konstantinovich
student of the 2nd course of the Far Eastern Federal University, Vladivostok
FEDOROVA Anna Vladimirovna
student of the 2nd course of the Far Eastern Federal University, Vladivostok
COMPARATIVE LEGAL ANALYSIS OF RUSSIA AND THE ASIA-PACIFIC COUNTRIES IN THE FIELD OF LABOR RELATIONS
In this article, the authors conduct a comparative legal analysis of labor relations in Russia and the countries of the Asia-Pacific region (APR). They consider the main aspects of labor relations, as well as rights and obligations. As a result of the study, similarities and differences in the legislation and practice of applying labor legislation between the countries of the region and Russia are revealed. The data obtained allow us to draw conclusions about the trends in the development of labor relations in these countries and determine the prospects for improving legislation in this area.
Keywords: labor relations, minimum wage, labor, working day, vacation, labor legislation, employee, employer, countries of the Asia-Pacific region.
Bibliographic list
1. Toki Masahito , Sychenko E. V. Features of Japanese labor law // Bulletin of St. Petersburg University. – 2000. – Law 3. – P. 679-692.
2. Labor Standards Act (Act No. 49 of 1947).
3. Simut G., Arpajita R., Atima M. Employment & Labour Laws and Regulations India. – 2024. – Р. 3-50.
4. Carlo D., Matteo C., Eva D. Аccording to the labor law of China. – CLL, 2019. – Р . 1-34.
5. Vorsina A. I. Labor relations in the People’s Republic of China: legal regulation // Young scientist. – 2019. – No. 26 (264). – P. 194-196. – [Electronic resource]. – Access mode: https://moluch.ru/archive/264/61225/ (date of access: 04/29/2024).
6. Public Sector (Governance) ACT 2018 (No. 2018).
7. Labor Protection Act of 1998.
LABOR LAW
STROGOVICH Yuriy Nikolaevich
senior scientific researcher of the Department for Improving the Regulatory and Legal Regulation of the Activities of the Penal Enforcement System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
MEDVEDEVA Inna Nikolaevna
scientific researcher of the Department on the study of the problems of employment of convicts and the economic problems of the functioning of the penal enforcement system of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
ABOUT LONG WORKING DAYS IN INSTITUTIONS AND BODIES OF THE CRIMINAL EXECUTIVE SYSTEM
The reason for writing the article was a scientific study completed last month aimed at determining the labor costs of employees of institutions and bodies of the penal system of the Russian Federation to implement the functions of social work with prisoners in the past 2023. Since all of these employees (employees classified as federal civil servants and employees working on the basis of an employment contract) were given an irregular working (office) day, and work under these conditions is classified by labor legislation as one of the types of work outside the established working hours time, there was a need for an in-depth analysis of the legal norms governing working (office) time . Based on the results of this study, certain defects in legal regulation were identified and proposals were made for their possible elimination.
Keywords: work time, working hours, irregular working hours, established working hours.
Article bibliographic listto
1. Khnykin G. V. Problems of legal regulation of working hours // Labor law in Russia and abroad. – 2023. – No. 4. – P. 43-46.
2. Kostyan I. A., Berezhnov A. A. Irregular working hours: issues of reforming labor legislation // Labor law in Russia and abroad. – 2018. – No. 1. – P. 14-17.
3. Kuroles I. I. Irregular working hours: how not to abuse the right? // Personnel decisions. – 2018. – No. 8. – pp. 14-17.
FINANCIAL LAW
MEDZHITOV Tamerlan Vaitovich
postgraduate student of Administrative and financial law sub-faculty of the Institute of Law of the Patrice Lumumba Peoples’ Friendship University Russia
FORMATION OF THE COMMON MARKET OF AUDIT SERVICES WITHIN THE FRAMEWORK OF THE COMMON FINANCIAL MARKET OF THE EAEU
The article studies the process of building a single market of audit services in the conditions of continuing Eurasian integration and ensuring the freedom of financial services provision. The provisions of the Agreement on the implementation of audit activities within the EAEU from April 19, 2022 are analyzed in detail, the comparative legal analysis of individual provisions of the national legislation of the member states on audit is carried out, the perspective directions of further development of the EAEU law in the field of regulation of audit activities are highlighted – including, taking into account the EU experience.
Keywords: single financial market, Eurasian integration, EAEU, audit, audit activity, audit services, financial market, financial services, financial control, EAEU law.
Article bibliography
1. Bova V. A. Problems of formation of a single market of the EAEU in the field of audit and ways to solve them // Economic, historical, legal, philosophical views of our time. Proceedings of the VIII All-Russian scientific and practical conference. Rostov-on-Don, 2022.
2. Bulgakova L. I. Building a Single Market for Audit Services in the EAEU // Colloquium-Journal. 2019. No. 13.
3. Emchenko L. Yu. Foreign Experience in Organizing and Implementing Audit Activities // Innovative Science. 2016. No. 8-3.
4. Zueva I. A. Current Stage of Development of Eurasian Economic Integration in the Sphere of Auditing Activities // International Accounting. 2022. No. 10.
5. Kolobaeva O. B. Actual Problems of Auditing Activities in the Territory of the European Economic Union (EAEU) // Audit Statements. 2019. No. 2.
6. Austin A. A., Carpenter T. D., Christ M. H., Nielson C. S. The Data Analytics Journey: Interactions Among Auditors, Managers, Regulation, and Technology // Contemporary Accounting Research. 2021. No. 3.
FINANCIAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 3rd year 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
MAKHONIN Danila Dmitrievich
student of the 3rd year 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
BAVIN Dmitriy Evgenjevich
student of the 3rd year of the bachelor’s degree in the field of study 40.03.01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivostok
ANALYSIS OF TAX OFFENCES: CAUSES, CONSEQUENCES AND WAYS TO OVERCOME
The article examines various ways of committing tax offenses, including concealment of income and understatement of the tax base. The reasons and factors contributing to the commission of tax offenses are considered: economic, political, moral and technical, as well as their consequences. An analysis of current legislation, current law enforcement practice is given. A number of measures aimed at preventing offenses in the tax sphere are proposed.
Keywords: taxes, tax offenses, tax evasion, Tax Code, budget deficit, fiscal authorities, tax control, tax culture.
Article bibliography
1. “Constitution of the Russian Federation” (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020).
2. Tax Code of the Russian Federation (TC RF) dated July 31, 1998 No. 146-FZ.
3. “Code of the Russian Federation on Administrative Offenses” dated December 30, 2001 No. 195-FZ (as amended on 06.04.2024).
4. “Criminal Code of the Russian Federation” dated 13.06.1996 No. 63-FZ (as amended on 06.04.2024).
5. “Criminal Procedure Code of the Russian Federation” dated 18.12.2001 No. 174-FZ (as amended on 22.04.2024) (as amended and supplemented, entered into force on 15.05.2024).
6. Order of the Prosecutor General’s Office of Russia dated24.10.2023 No. 736 “On the organization of prosecutorial supervision over the implementation of legislation in the tax sphere.”
7. Information letter of the Bank of Russia dated 27.12.2023 No. IN-08-12/69 “On increasing the attention of credit institutions to transactions with the participation of persons whose activities show signs of illegal activity in the financial market.”
8. Godme P. M. Financial law / Textbook edited by P. M. Godme. – M .: Progress, 1978. – P. 564.
9. Krokhina Yu. A. Tax law: textbook for the academic bachelor’s degree / Yu. A. Krokhina. – 7th ed., revised. and add. – M.: Yurait Publishing House, 2015. – P. 506.
10. Golova E. E. Tax offenses as a threat to the country’s economic security // Economy, entrepreneurship and law. – 2024. – Vol. 14. – No. 5.
11. Maiburov I. A. Mass opportunism of taxpayers as a consequence of the absence of tax morality in our society // Journal “Taxes and financial law”. – 2012. – No. 9. – P. 179-193.
12. Burova L. A. Tax evasion as a form of manifestation of shadow economic relations // Bulletin of the Buryat State University. – 2014. – No. 1. – P. 101-104.
FINANCIAL LAW
TRIFONOV Georgiy Dmitrievich
postgraduate student of the State Academic University of Humanities
PRACTICE OF APPLICATION OF LEGISLATION ON D IGITAL FINANCIAL ASSETS AND DIGITAL CURRENCY IN THE RUSSIAN FEDERATION: ANALYSIS OF COURT DECISIONS
This article examines some aspects of the legal regulation of the circulation of digital financial assets under sanctions. The emergence of digital values in civil circulation has necessitated not only the development of appropriate legal regulation. It is also necessary to take into account the current situation, complicated by the sanctions imposed against Russia.
The purpose of the article is to consider the features of the legal regulation of the circulation of digital financial assets under sanctions.
Research methodology. In the course of writing the article, a number of general scientific methods were used, which made it possible to comprehensively and thoroughly study the topic. The author used the following methods: induction and deduction, analysis and synthesis, logic, legal modeling and forecasting. Thanks to an integrated approach, it was possible to thoroughly study some aspects of the issue under study.
Research results. Based on the results of the study, it was possible to identify some aspects of the legal regulation of digital financial services under sanctions. It is concluded that information about investors is not transferred within the framework of international cooperation, it refers to confidential information stored in registers in the form of a record (code) and is not public in the registers of international exchanges. Accordingly, international sanctions risks are assessed as minimal. Therefore, digital assets can be freely used under sanctions.
Keywords: digital financial assets, money surrogates, digital currency, cryptocurrency, debt obligations, financial instruments, investment platforms, court, judicial practice, consumer protection legislation
Article bibliography
1. Andryushin S. A., Kuznetsova V. V. Financial markets, technological innovations and financial stability: risks and problems of regulation // Actual problems of economics and law. – 2019. – Vol. 13. No. 3. – P. 1315.
2. Koshelev K. A. Definition of the category “digital financial assets: economic, legal and accounting aspects // Innovations and investments. – 2021. – No. 2. – P. 114.
3. Laptev V. A. Digital assets as objects of civil rights // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 2. – P. 159-204.
4. Mashinova A. S. Legal aspects of the introduction of a digital railway into the economic system of the Russian Federation // Modern information technologies in education, science and industry. Collection of scientific papers of the XIV International Conference and XII International Competition of Scientific and Scientific-Methodological Works. – M .: OOO “Izd-vo” Ekon-Inform “, 2019. – P. 168.
5. Pravkin S. A., Smirnova V. V. On the issue of “digital human rights” in the digital economy // Legal bulletin. – 2020. – Vol. 5. No. 2. – P. 18.
6. Pravkin S. A., Smirnova V. V. Digital rights and digital financial assets // State and law: problems and prospects for improvement: collection of scientific papers of the 5th International Scientific Conference, Kursk, September 30, 2022. – Kursk: South-West State University, 2022. – P. 73-76.
7. Public-law means of efficient development of economy and finance. Part 1. Public-law means of digitalization of management, economic and social space: monograph / Co. of authors; edited by G. F. Ruchkina, M. A. Lapina. –M.: RUSAINS, 2020. – 246 p.
8. Sannikova L. V., Kharitonova Yu. S. Digital assets as objects of entrepreneurial turnover // Law and Economics. – 2018. – No. 4. – P. 25-30.
9. Digital assets and virtual property: how the virtual relates to the digital // Law. Ru. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2018/6/13/cifrovye_aktivy_i_virtualnoe_imuschestvo_kak_sootnositsya_virtualnoe_s_cifrovym (date of access: 10.11.2023).
10. Shaidullina V.K. Legal regulation of cryptocurrency turnover: foreign experience // Society: politics, economics, law. – 2018. – No. 4. – pp. 79-86.
TAX LAW
GARKAVAYA Yuliya Alexandrovna
student of the 3rd course of the Faculty of Law of the Financial University under the Government of the Russian Federation
MANDATORY METHOD LEGAL REGULATION IN TAX LAW
The article discusses aspects of the application of the imperative method in tax law. Today, the use of this method is complicated by a number of problems that are relevant for the development of society and the state, therefore it is necessary to pay special attention to solving such problems and proposing ways to eliminate them. The study of issues related to the use of the imperative method in tax legal relations will allow us to pay more attention to its impact on financial stability, social justice, overall economic development in the state, including answering the question about the results of its application and the need for it.
Keywords: imperative method, tax law, government regulation, tax legislation, tax legal relations.
Article bibliography
1. Nazarov V. N. On the method of tax law // Financial law. – 2009. – No. 8. – P. 26-30.
2. Revva S. Yu. Illegal tax optimization of personal income tax and insurance premiums: signs and liability // Legal Bulletin. – 2024. – V. 9. No. 1. – P. 81-93.
3. Ryadchin A. A. Method of legal regulation as a criterion for determining the essence of tax law // Bulletin of Volgograd State University. Series 9: Research of young scientists. – 2017. – No. 15. – P. 135-137.
4. Sibagatullina F. A., Maady A. I. Methods of legal regulation in financial law on the example of specific cases // Original research. – 2020. – Vol. 10. No. 11. – P. 187-191.
5. Khachaturov R. L. The concept of the method of legal regulation // Theoretical and practical problems of the development of the penal system in the Russian Federation and abroad: a collection of abstracts of speeches and reports of participants in the International scientific and practical conference, Ryazan, November 28-29, 2018. Vol. 2. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2018. – P. 526-532.
6. Shafikov D. A., Afzaletdinova G. Kh. Problems of the subject and method of financial law in modern conditions // Alley of Science. – 2018. – Vol. 6. No. 4 (20). – pp. 240-245.
ECOLOGICAL LAW
MOKRETSOV Yuriy Vladimirovich
Ph.D. in economical sciences, senior lecturer, associate professor of the Vologda Institute of Law and Economics of the FPS of Russia
THE LEGAL BASIS FOR THE USE OF ARTIFICIAL INTELLIGENCE IN THE FIELD OF ENVIRONMENTAL PROTECTION: CURRENT TRENDS AND PROSPECTS
This article discusses the possibilities of using modern information technologies based on the use of artificial intelligence, which can be used to simulate climate change and sustainable environmental development. Currently, the use of information technologies based on artificial intelligence in the field of ecology can become one of the main innovative tools for achieving sustainable development goals and ensuring a favorable environment. The use of artificial intelligence-based modeling tools requires the development of new regulatory and legal mechanisms. The article also suggests automating the process of monitoring and modeling ecosystems, which would open up new opportunities for developing effective strategies for sustainable environmental development. In order to improve environmental legislation, it is proposed to set out in a new edition some regulatory legal acts in the field of control and supervisory activities.
Keywords: green artificial intelligence, environmental safety, monitoring, forecasting.
BUSINESS LAW
ARTSYTOV Nikolay Andreevich
master student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
ABRAMOV Kirill Dmitrievich
magister student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
PUBLIC ADMINISTRATION REFORM IN THE FIELD OF STATE CONTROL (SUPERVISION): FIRST RESULTS
Changing approaches to public administration in terms of the formation of the principles of openness, digitalization of management processes carried out by the Government of the Russian Federation in order to ensure an increase in the index of trust of citizens and business communities in government, and a reduction in the administrative burden on entrepreneurs, was directly reflected in the restructuring of the system of state control (supervision) of business activities. Law No. 248-FZ has been in force for several years, although not in full, and is designed to consolidate at the legislative level new approaches to the state’s supervisory policy. During the period of validity of the Law, an understanding of the peculiarities of applying the innovations of the institution of supervisory activities has already developed, and the practice of implementing the provisions of the Law has also been formed. In this article, the authors offer an analysis of the problematic aspects of Law No. 248-FZ and provide criticism of its individual provisions. The authors concluded that it is necessary to eliminate some of the shortcomings that impede the implementation of the concept of the Law as a leading regulatory act in the field of state supervisory activities.
Keywords: state control (supervision), control measures, reform of legislation on state control (supervision).
Bibliographic list
1. Chambers D., McLaughlin P ., Stanley L. Regulation and poverty: An empirical examination of the relationship between the incidence of federal regulation and the occurrence of poverty across the US state // Public Choice. 2019. Vol. 180. No. 1-2. 144 p.
2. Minin A.A. Control and supervision as the boundaries of the influence of the authorized body on the business entity in the context of reforming control and supervisory activities // Entrepreneurial law. 2021. No. 2.
3. Control, supervision and permitting activities in the Russian Federation. Analytical report 2020-2021. [Electronic resource]. – Access mode: https://goskontrol-rspp.ru/upload/iblock/854/M2021_v.10.0 .pdf.
BUSINESS LAW
DELTSOVA Natalya Vyacheslavovna
Ph.D. in Law, associate professor of Legal support of economic activity sub-faculty of the Samara State University of Economics
QUEST SHOW AS AN OBJECT OF LEGAL PROTECTION
The article discusses the issues of legal protection of such a popular type of entertainment events as a quest show. The specified object is not named among the protected objects of intellectual rights, however, by its nature it is the result of intellectual activity. The article discusses the elements of the quest show protected as intellectual property. The author concludes that this object has the characteristics of a complex object, and therefore it is necessary to extend the legal effect of Article 1240 of the Civil Code of the Russian Federation to it. The author makes a proposal to amend the current legislation in terms of expanding the list of complex objects and including quest shows in it.
Keywords: quest show, intellectual property rights, exclusive rights, legal protection, complex object of intellectual property rights.
Article bibliographic list
1. Abramkina E. E. Game by someone else’s rules: a reality quest scenario as object of author’s examination // Jurislinguistics. – 2020. – No. 18. – P. 12-15.
2. Akimov A. Yu., Smirnov D. V. Creation of an instrumental system for the formation and conduct of quests in an open area // Bulletin of the Academy of Children’s and Youth Tourism and local history. – 2016. – No. 2. – P. 7-17. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sozdanie-instrumentalnoy-sistemy-dlya-formirovaniya-i – conducting-quests-on-the-open-territory (date of access: 27.04.2024).
3. Ananyeva A. Yu. Format of the result of intellectual activity as an emerging object of intellectual rights // Actual problems of Russian law. – 2019. – No. 7 (104). – P. 57-66.
4. Grigoriev D. “Format” as an object of copyright. – [Electronic resource]. – Access mode: https://zakon. ru/blog/2015/1/20/format_kak_obekt_avtorskogo_prava (date of access: 28.04.2024).
5. Kopylov A. Yu. Problems of qualification of complex objects of intellectual property rights // Journal of Russian Law. – 2021. – T. 25 . No. 6. – P. 75-90.
6. Decision of the Arbitration Court of Moscow dated 14.10.2014 in case No. A40-84902/14. – [Electronic resource]. – Access mode: https://kad.arbitr.ru/Document/Pdf/19f0b7ed-bfc9-445d-b830-e55e4f55796f/5c96fbdb-e39b-47ae-a56c-dc820c59d2d7/A40-84902-2014_20141014_Reshenija_i_postanovlenija.pdf?isAddStamp=True ( access date: 27.04.2024).
7. Decision of the Meshchansky District Court of Moscow dated 06.04.2023 in case No. 2-190/2023. – [Electronic resource]. – Access mode: https://mos-gorsud.ru/rs/meshchanskij/services/cases/civil/details/60684ac0-c7ad-11ec-a907-c10293aa7b06 (date of access: 04/27/2024).
8. Smirnova E. “Quest room” as an object of copyright. – [Electronic resource]. – Access mode: https://zakon.ru/blog/2015/7/14/kvestrum_kak_obekt_avtorskogo_prava (date of access: 04/27/2024).
BUSINESS LAW
KUDELYA Natalya Yurjevna
senior lecturer of Competition and business law sub-faculty of the Law School of the Far Eastern Federal University, Vladivostok
MOZHENKO Nikita Sergeevich
student of the Law School of the Far Eastern Federal University, Vladivostok
ILLEGAL ENTREPRENEURIAL ACTIVITY
The relevance of The topic is due to the fact that there is no unified approach in determining the criminal-legal signs of illegal entrepreneurship. In this regard, theoretical and practical positions are analyzed. As a result, it is possible to develop certain conclusions concerning the studied topic. , as well as some problems. The authors emphasize the gaps that require further regulation.
Keywords: illegal entrepreneurship, entrepreneurial activity, elements of the crime, criminal law features, business law , criminal law.
Article bibliography
1. Morozova S. Yu. [et al.]. Entrepreneurial law: textbook for universities / Edited by S. Yu. . Morozova. – 3rd ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 592 p. – (Higher education). – Text: direct.
2. Merzlyakova A. V. Object of illegal entrepreneurship // EPP. – 2016. – No. 2. – P. 185-194.
3. Aleksandrova N. S., Kosorukova O. A. K the issue of criminal liability for illegal entrepreneurial activity // Humanitarian, socio-economic and social sciences. – 2019. – No. 3. – P. 78-81.
4. Borovikov V. B., Smerdov A. A. Criminal Law. Special Part: Textbook for Secondary Vocational Education / Pedited by V. B. Borovikov. – 7th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 505 p. – (Professional education). – Text: direct.
BUSINESS LAW
SCOBILEVA Irina Vyacheslavovna
student of the 3rd year of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence” of the Law School of the Far Eastern Federal University, Vladivost ok
MAKHONIN Danila Dmitrievich
student of the 3rd year 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
ON THE APPLICATION OF THE RISK-BASED APPROACH IN THE IMPLEMENTATION OF CONTROL AND SUPERVISORY ACTIVITIES
The article raises the question of the expediency of the application of risk-oriented approach by control and supervisory authorities. The authors cite foreign experience of using this method in the sphere of public administration, consider the prerequisites for its introduction in the Russian Federation. The current legislation is analyzed, gaps are identified, and possible options for eliminating the identified shortcomings are outlined. The vectors of risk-oriented system development in the era of digitalization are considered, with emphasis on the use of neural networks to automate data processing.
Keywords: risk-oriented approach, control and supervision activities, state control (supervision), state control (supervision) bodies, control activities, reform of control and supervision activities, risk categories, business entities.
Article bibliographic list
1. Federal Law “On State Control (Supervision) and Municipal Control in the Russian Federation” dated July 31, 2020 No. 248-FZ.
2. Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” dated December 26, 2008 No. 294-FZ.
3. Resolution of the Government of the Russian Federation of 17.08.2016 No. 806 (as amended on 28.09.2022) “On the Application of a Risk-Oriented Approach in Organizing Certain Types of State Control (Supervision) and Amending Certain Acts of the Government of the Russian Federation” (together with the “Rules for Classifying the Activities of Legal Entities and Individual Entrepreneurs and (or) the Production Facilities Used by Them as a Certain Risk Category or a Certain Class (Category) of Hazard”).
4. Passport of the priority program “Reform of control and supervisory activities” (Appendix to the minutes of the Presidium of the Council under the President of the Russian Federation for Strategic Development and Priority Projects dated 21.12.2016 No. 12).
5. Lapina M.A. The Essence of State Control (Supervision) and the Genesis of Its Legislative Definition // Bulletin of the Financial University. – 2016. – V. 20. No. 4. – P. 152-157.
6. Smetankina G. I., Dorokhova O. V. Foreign experience of applying a risk-oriented approach in the implementation of control and supervisory activities // World Science. – 2020. – No. 1 (34). – P. 454-458.
7. Pyatkov L. E. International experience of applying a risk-oriented approach in the implementation of financial control // Naukosphere. – 2021. – No. 6 (1). – P. 431-435.
8. Hi-News.ru: article “AI defeated the best London lawyers” dated 03.11.2017. – [Electronic resource]. – Access mode: https://hi-news.ru/technology/ii-pobedil-luchshix-londonskix-yuristov.html (date of access: 12.05.2024).
9. Tass.ru: V. V. Putin instructed to complete the transition to a risk-oriented approach by 2025 from 01.04.2024. – [Electronic resource]. – Access mode: https://tass.ru/ekonomika/20409361 (date of access: 07.05.2024).
10. Message of the President to the Federal Assembly 2024 – [Electronic resource]. – Access mode: http://duma.gov.ru/news/58905/ (date accessed: 07.05.2024).
11. Gov.ru: Business inspections have become more effective as of 09.02.2024. – [Electronic resource]. – Access mode: https://ac.gov.ru/news/page/proverki-biznesa-stali-effektivnee-27718 (date accessed: 07.05.2024).
12. Garant.ru: Risk-oriented approach: priority of state control reform as of 18.08.2020. – [Electronic resource]. – Access mode: https://www.garant.ru/article/1406579/ (date of access: 05/07/2024).
BUSINESS LAW
ARTSYTOV Nikolay Andreevich
magister student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
ABRAMOV Kirill Dmitrievich
magister student of the St. Petersburg National Research University of Information Technology, Mechanics and Optics
KOT Marina Konstantinovna
Ph.D. in Law, associate professor of Legal support of economic activities sub-faculty of the Samara State University of Economics
REFORM OF CONTROL AND SUPERVISORY ACTIVITIES IN RUSSIA AS A CONDITION FOR STABILITY OF ECONOMIC RELATIONS
The current state of the economic system of the Russian state requires a revision of previously established stereotypes in the relationship between business and the state, based on administrative pressure and the opacity of decisions made. The idea of a “service” state involves, first of all, reforming the public administration system, the structure of which includes control and supervisory activities. In this article, the authors, based on statistical data, show changes in the state’s approaches to carrying out control and supervisory activities, while identifying some problems that are delaying changes in this area. The authors generally positively admired the new principles of control (supervision) in economic activity. Limiting the types of control measures and the grounds for their implementation has already led to a reduction in the financial burden on business and has reduced the costs of the budget system for the maintenance of state control (supervision) bodies.
Keywords: state control (supervision), control measures, reform of legislation on state control (supervision).
Article bibliography
1. Control, supervisory and permitting activities in the Russian Federation. Analytical report 2020–2021. – [Electronic resource]. – Access mode: https://goskontrol-rspp.ru/upload/iblock/854/M2021_v.10.0.pdf.
2. Consolidated report on state control (supervision), municipal control in the Russian Federation in 2021. Prepared by the Ministry of Economic Development of the Russian Federation. – [Electronic resource]. – Access mode: https://ohranatruda.ru/upload/iblock/8df/9dgpkrkpx0bavnqzow3uk4qnjubkgwlx/Doklad-KND-za-2021.pdf.
CORPORATE LAW
TKACHENKO Anastasiya Alexandrovna
bachelor student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
GLINSHIKOVA Tatyana 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, Krasnodar
KUZNETSOVA Yana Vyacheslavovna
bachelor student of the 4th course of the Faculty of Law of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
THE ESSENCE AND LEGAL NATURE OF THE CORPORATE AGREEMENT
The The article is devoted to the study of the essence of a corporate agreement and its place in the system of civil law contracts. The sufficiency of the provisions of civil legislation concerning the content of a corporate agreement is analyzed. The main problematic issues affecting the effectiveness of the use of a corporate agreement are identified. The authors of the article come to the conclusion that it is necessary to improve the norms of civil legislation aimed at specifying the essence, legal nature, and content of a corporate agreement. A proposal has been formulated on the expediency of including norms on state registration of a corporate agreement in the Civil Code of the Russian Federation and special laws.
Keywords: corporate agreement, corporation, business entity, participants in the corporate agreement.
Article bibliography
1. Zharikova M. N. Application of general provisions of the Civil Code on obligations to relations arising between the parties to a corporate agreement: author’s abstract. diss. … cand. jurid. . sciences. – M., 2021. – P. 42.
2. Guryev V. N. Shareholders’ agreements as a group of corporate agreements: diss. … candidate of legal sciences. – M., 2012. – P. 89.
3. Gabibova A. G., Glinshchikova T. V. Corporation as an object of a hereditary contract // Eurasian Law Journal. – 2023. – No. 1 (176).- pp. 134-135.
DIGITAL LAW
DOLGOV Danil Sergeevich
student of the Far Eastern Federal University, Vladivostok
GUDKOVA Diana Ruslanovna
student of the Far Eastern Federal University, Vladivostok
INTELLECTUAL PROPERTY CREATED WITH THE HELP OF ARTIFICIAL INTELLIGENCE: PROBLEMS OF LEGAL PROTECTION
In the modern world, the prospects for creating intellectual property using artificial intelligence are visible to the naked eye. However, the legal regulation of this area is not sufficiently clear. Consequently, potential creators are afraid of the risks that may overtake them in an unprepared legal regime. That is why it is relevant to conduct research on the problems of legal protection of objects that are created directly by artificial intelligence. The article analyzes doctrinal proposals on the legal status of the result of intellectual activity and possible solutions to this issue from the point of view of the authors.
Keywords: artificial intelligence, intellectual property, civil rights and obligations, regulation, security and protection.
Article bibliography
1. National Strategy for the Development of Artificial Intelligence for the Period up to 2030, approved by Decree of the President of the Russian Federation of October 10, 2019 No. 49.
2. Gorodov O. A. Features of the transition of the results of intellectual activity into the public domain // News of Higher Education Institutions. Jurisprudence. – 2017. – No. 3 (332).
3. Gadzhiev G. A., Voynikanis E. A. Can a robot be a subject of law (search for legal norms to regulate the digital economy) // Law. Journal of the Higher School of Economics. – 2018. – No. 4. – P. 24-48.
4. Ponkin I. V., Redkina A. I. Artificial intelligence from the point of view of rights // Bulletin of RUDN. Series: Legal Sciences. – 2018. – Vol. 22. No. 1. – P. 91-109.
5. Rocco S. Originality and authorship in Al-generated works: the Australian copyright law perspective // Law and Media Working paper series / ed. Oreste Pollicino; editor-in-chief Marco Bassini. – Milan, 2021. – No. 6. – P. 1-12. – [Electronic resource]. – Access mode: https://www.medialaws.eu/wps-2021-6-originality-and-authorship-in-ai-generated-works/
ENERGY LAW
SKRYABIN Alexander Vladislavovich
student of the APP-23 group of the Baikal State University , Irkutsk
LEGAL REGULATION OF RELATIONS IN THE FIELD OF OIL AND GAS PRODUCTION: IDENTIFICATION OF PROBLEMATIC ASPECTS
The article analyzes the legal regulation of relations in the oil and gas extraction industry, identifying gaps and deficiencies in the legislation governing economic relations related to the design and development of deposits. The paper examines the system of regulations regulating the control over the process of oil and gas extraction in the Russian Federation, and also indicates the need to improve it in order to introduce measures of responsibility for violations in the field of environmental safety and negative impact on the environment.
Keywords: legal regulation, normative legal acts, norms, oil and gas industry, oil and gas production, environment.
Article bibliography
1. Bondarenko A. B. Status and prospects of legal regulation of fuel and energy complex industries of Russia // Energy law. – 2015. – No. 2. – P. 15-20.
2. Romanova V. V. On the specifics of the legal regime of oil and oil products // Energy law. – 2014. – No. 2. – P. 11-15.
3. Salieva R. N., Fatkudinov Z. M. Legal problems of oil and gas production regulation // Russian Justice. – 2009. – No. 4. – P. 2-5.
4. Shakerov R. Legislative support for oil production // EZh-Yurist. – 2017. – No. 31. – P. 8.
CRIMINAL LAW
ALYSHEV Sergey Sergeevich
associate professor of Criminal law and criminology sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
IMINAL VIOLENCE: CURRENT STATE AND BASIC TENDENCIES
The problem under study is very interesting and relevant, since violent crimes cover a group of the most socially dangerous attacks on life, health, bodily and sexual integrity of a person.
Violent crimes surpass many other criminal manifestations in terms of the degree of public danger and the severity of the caused consequences. Persons who commit violent crimes spread the stereotype of aggressive and violent behavior in the household and leisure microenvironment. It is precisely such criminal acts that are most reprehensible from the point of view of universal morality. The escalation of criminal violence causes reasonable concern among citizens.
Keywords: violence, trends, state of criminal violence, crime, prevention.
Article bibliography
1. Kirillova A. S. Criminological characteristics of violent crime // Student forum. – 2021. – No. 32-3 (168). – P. 5-8.
2. Mikhailov A. E., Semenov S. A., Tarakanov I. A. Violent crime: state and trends // Humanities, socio-economic and social sciences. – 2020. – No. 9. – P. 139-142.
3. Vaganova K. V. Violent crime in Russia: criminological characteristics and current preventive measures // Best research article. – 2020. – P. 119-123.
4. Grigoriev A. S., Kirillov M. A. Criminological characteristics of mercenary-violent crime // Current problems of criminal, penal law and criminology. – 2020.– pp. 94-98.
CRIMINAL LAW
AMIRKHANYAN Vahe Gagikovich
senior lecturer of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
TATARENKO Andrey Alexandrovich
lecturer of Physical training and sports sub-faculty of the Krasnodar University of the MIA of Russi
GAVRILIN Sergey Alexandrovich
Deputy Head of Social and humanitarian disciplines sub-faculty of the V. V. Lukyanov Oryol Law Institute of the MIA of Russia
FEATURES OF THE ACTIVITIES OF THE DISTRICT COMMISSIONER FOR THE PREVENTION OF EXTREMIST CRIMES
The activities of local police commissioners for the prevention of extremist crimes are of particular importance in the context of modern challenges and threats. This article reveals the specifics of the work of district police officers in countering extremist manifestations, focusing on preventive measures and interaction with the public. The methods of detecting and suppressing the spread of extremist materials, as well as ways to counteract recruitment into extremist organizations, are described. Special attention is paid to the legal foundations of the activities of district commissioners in the field of prevention of extremism and the importance of observing the rule of law in the implementation of preventive measures. The issues of information and explanatory work with the population and improving the legal literacy of citizens are considered. In conclusion, the need to improve the forms and methods of work of district commissioners in this area is emphasized in order to ensure public safety and prevent threats of extremism.
Keywords: local police commissioner, extremism, terrorism, crime fighting, terrorist organizations.
Article bibliography
1. Kirillov I. A. On the problem of the causes of terrorism. // Siberian legal Bulletin. – 2018. – No. 2. – P. 24-29.
2. Kochoi S. A. On counteracting extremism // Criminal law. – 2018. – No. 2. – P. 103-106. < br /> 3. Kuznetsova N. F. Problems of Crime Qualification. Lectures on the special course “Fundamentals of Crime Qualification” / Scientific. Ed. and Preface. V. N. Kudryavtseva. – M.: Publishing house “Gorodets”, 2018. – P. 27-33.
4. Luchin V. O. Constitution of the Russian Federation. Issues of implementation. – M.: UNITY-DANA , 2018. – 96 p.
5. Marlukhina E. O., Rozhdestvina A. A. Commentary on Federal Law No. 35-FZ of February 26, 2013 “On Counteracting Terrorism”. – M .: Eksmo, 2019 . – 215 s.
CRIMINAL LAW
BAIROV Andrey Semyonovich
Ph.D. in philosophical sciences, senior lecturer of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
HEROIN CONSUMPTION ESTIMATES WITHIN A PARTICULAR REGION (ON THE EXAMPLE OF THE IRKUTSK REGION)
The article deals with the actual and practically significant problem of calculating the volume of drug consumption. The analysis of the information of the drug dispensary and the information center of the Ministry of Internal Affairs was carried out. The level of annual heroin consumption in the Irkutsk region has been approximately calculated. The routes for the entry of heroin into the territory of the Irkutsk region have been studied. Data from the regional psychoneurological dispensary were analyzed. The average daily dose of opiate consumption in the region has been established. The content of diacetylmorphine in seized controlled substances was calculated.
Keywords: heroin, diacetylmorphine, opium addiction, wholesale lots, average daily dose, recidivism, formula.
Article bibliography
1. Archive of the Information Center of the Main Directorate of the Ministry of Internal Affairs for the Irkutsk Region.
2. Data of the Irkutsk Regional Psychoneurological Dispensary
3. Order of the Federal Drug Control Service of Russia dated March 29, 2013 No. 122-R.
CRIMINAL LAW
BARANOVA Ekaterina Pavlovna
lecturer of Civil law disciplines sub-faculty of the Pskov branch of the University of the FPS of Russia
THE GENESIS OF DEVIANT BEHAVIOR OF CONVICTED WOMEN SERVING SENTENCES IN PRISON
The article is devoted to the consideration of a negative social phenomenon – the commission of crimes by women while they are serving a sentence of imprisonment. The author reflected the reasons contributing to the formation of primary criminal motivation, as well as contributing to the commission of illegal acts within penitentiary institutions. The author suggests solutions to the identified problem, involving an integrated approach.
Keywords: women’s crime; crime in places of deprivation of liberty; causes of crimes; preventive methods; an integrated approach.
Article bibliography
1. Antonyan Yu. M. Psychological alienation of the individual and criminal behavior. – Yerevan, 1987. – P. 20.
2. Abeltsev S. N. Personality of the criminal and the problems of criminal violence. – Moscow, 2000. – P. 79.
3. Khokhrin S. A, Smirnov S. N. Experience of public-private partnership of the Federal Penitentiary Service of Russia in the Komi Republic // Analytical review. – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2014. – P. 5.
4. Rastoropov S. V. Combating intentional infliction of serious harm to the health of citizens in correctional labor colonies. – Ryazan, 1996. – P. 115.
CRIMINAL LAW
GILMUTDINOVA Alina Faritovna
postgraduate student (scientific specialty 5.1.4 – criminal law sciences) of the Institute of Law of the Chelyabinsk State University
strong>THE CONVERGENCE METHOD IN THE LEGAL REGULATION OF THE PROCESS OF IDENTIFYING SIGNS OF TAX CRIMES
To date, no unified position has been developed on the issue of the list of reasons for initiating a criminal case on the grounds of crimes provided for in Articles 198-199 of the Criminal Code of the Russian Federation (tax crimes). The legislator made this list as wide as possible, then reduced it. His latest decision to reduce the list to one entity, the tax authority, is perceived ambiguously among the scientific community of law enforcement officials. Such a situation can become a factor that negatively affects the uniformity of judicial practice, the final results of criminal proceedings, and, in general, the implementation of the constitutional principles of legality, equality, justice, and respect for the dignity of the individual (Part 2 of Article 15 of the Constitution).
The task is set in the list of existing ones to formulate one’s own position on the latest changes in the grounds for initiating criminal cases on tax.
The methodological basis of the study was the dialectical-materialistic method of cognition, through which the contradictory process of developing ideas about subjects who are authorized to initiate criminal proceedings on tax crimes is revealed; the systematic-structural method of determining and analyzing the same means of identifying signs of a tax crime, the regulation of the procedure for the application of which is determined by different legislation – criminal procedural and tax law.
The study reveals the competition of opinions and the author’s position on the issue of greater/lesser effectiveness of the means, the procedure for the application of which is regulated by various branches of law (criminal procedure, tax)
The increasing tendency of convergence of tax legislation norms into criminal proceedings is also proved.
Keywords: convergence, the stage of initiation of a criminal case, signs of tax crimes.
Article bibliographic list
1. Aminev F. G. Convergence in procedural law and problems of forensic practice // Forensic expert. 2022. No. 1. P. 38-39.
2. Glukhova E. V., Sergeev A. B. Legislative regulation of the use of operational search activities results in criminal proceedings in relation to European guidelines for the legality of their (ORM) implementation // Russian investigator. 2017. No. 11. P. 8-12.
3. Glukhova E. V., Sergeev A. B. International law and decisions of the European Court in the development of domestic criminal proceedings. Chelyabinsk, 2018.
4. Ershova I. V., Tarasenko O. A. Law enforcement practice on establishing facts of legal significance in the field of entrepreneurial activity // Entrepreneurial law. 2020. No. 3. P. 3-10.
5. Kuptsov I. A. Initiation of a case on a tax crime is again impossible without the initiative of the tax service // Law. 2023. No. 6. P. 161-177.
6. Ryabokonev S. I., Sergeev A. B. Competing directions of further development of pre-trial investigation and investigation in the court of first instance // Bulletin of the Academy of the Investigative Committee of the Russian Federation. 2019. No. 1 (19). P. 110-113.
7. Sergeev A. B. Critical analysis of certain provisions of the draft federal law “On forensic activity in the Russian Federation” // Legal science and law enforcement practice. 2019. No. 2 (48). P. 156-162.
8. Khokhryakova E. A., Sergeev A. B. The stage of initiation of a criminal case – an “atavism” of the criminal process? // Bulletin of the Chelyabinsk State University. 2015. No. 17 (372). P. 163-170.
9. Sharipova A. R. Conceptual foundations of inter-branch convergence in judicial proceedings on criminal cases: dis. … Doctor of Law. Federal State Budgetary Educational Institution of Higher Education “Nizhny Novgorod Academy of the Ministry of Internal Affairs of the Russian Federation”of the Russian Federation”. 2023. 503 pp. // Forensic expert. 2022. No. 1. P. 38-39.
CRIMINAL LAW
EFREMOVA Olga Sergeevna
Ph.D. in Law, senior lecturer of State and legal disciplines sub-faculty of the Faculty of Law of the St. Petersburg University of the FPS of Russia
ON SOME CURRENT CRIME TRENDS IN THE RUSSIAN FEDERATION
The scientific article examines some current trends in crime in the Russian Federation. The official statistics of the Ministry of Internal Affairs of the Russian Federation on certain types of crime for 2020-2023 are analyzed Based on. In the analysis, the following trends were identified: a decrease in the total number of registered crimes; an increase in the number of disclosures by law enforcement officers of crimes in previous years; an increase in the number of detected crimes related to drug trafficking, as well as committed crimes of this type for the purpose of sale; reducing the number of crimes committed by foreign citizens. For each of these trends, current prevention and prevention measures are considered, including taking into account specific types of crime.
Keywords: crime, trends, patterns, measures, prevention, prevention.
Article bibliography
1. Ivanov R. V., Krasnikov N. I. Methods of preventive action against organized ethnic crime and the system of measures that comprise them // Criminal-executive system: law, economics, management. – 2024. – No. 1. – P. 17-19.
2. Koimshidi G. F. Criminal prevalence of the Russian Federation. In the collection: Problems of development of modern society. Collection of scientific articles of the 9th All-Russian national scientific and practical conference . In 3 volumes. – Kursk, 2024. – P. 260-263.
3. Korsikova N. A., Lukyanova G. V. Regulatory framework for preventing migration crime: a criminological study // Law. Law. State. – 2023. – No. 4 (40). – P. 41-43.
4. Kuvaev A. M., Saprunov A. G. Organized crime as a threat to national security of the Russian Federation // Epomen.- 2018. – No. 17. – P. 53-57.
5. Usacheva E. A. Improvement of state fingerprint registration in the Russian Federation at the present stage. DOI 10.17150/2411-6262.2023.14(3).1244- 1252. EDN UPQWLM // Baikal Research Journal. – 2023. – T. 14. No. 3. – P. 1244-1252.
CRIMINAL LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
TYPES OF CRIMES AND TYPES OF RISKS ASSOCIATED WITH THE INTERNET ENVIRONMENT INTERNET OFFENSES: CLASSIFICATION, RISKS AND PREVENTION MEASURES
This article is devoted to the issue of analyzing the types of crimes and risks associated with the Internet environment. The paper details the concept and features of cybercrime, classifies computer crimes, considers measures to combat cybercrime, considers and analyzes the types of risks arising from the user’s interaction with the Internet environment. Special attention is paid to the formation of professional competencies of law enforcement officers in the field of combating cybercrime.
Keywords: crimes, cybercrimes, risks, Internet, Internet environment.
Article bibliographic list
• Voyskunsky A. E. Psychology and the Internet. – M.: Akropol, 2010. – 439 p.
• Voyskunsky A. E . Phenomenon of Internet addiction // Humanitarian research on the Internet / Ed. by A. E. Voyskunsky. – M., 2006. – P. 100-131.
• Criminal Code of the Russian Federation of 13.06.1996 N 63- F3 // “Collection of Legislation of the Russian Federation”. – 17.06.1996. – N 25.
• Young K. S. Caught in the net: how to recognize the signs of Internet addiction – and a winning strategy for recovery / By Kimberly S. Young, – Canada, 1998. – 248 p.
• Tsarkova E. G., Zorina N. S. On the issue of using visualization tools in analyzing crime data in the regions // Law and Management. – 2024. – No. 2. – P. 127-131.
CRIMINAL LAW
KOZARENKO Yuliya Igorevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Educational and scientific complex on the preliminary investigation in the DIA of the Volgograd Academy of the MIA of Russia
TEZIKOV Dmitriy Alexandrovich
senior lecturer of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
NARCOTIC PLANTS AND NARCOTIC DRUGS AS AN OBJECT OF CRIME
In the article, the author examines the views and relationship between narcotic and narcotic plants. The characteristics of individual drugs and plants that lead to judicial practice in the field of rapid drug trafficking are given. Drugs and plants that most often appear as a subject of crime are considered. The author describes the main trends in the world in the field of drug legalization. In addition, we are pursuing further criminal enforcement measures against illegal drug trafficking.
Keywords: drugs, addiction, cannabis, sale, mixtures, consumption, legalization.
Article bibliographic list
1. Federal Law of 01/08/1998 No. 3-FZ (as amended on 04/28/2023) “On narcotic drugs and psychotropic substances” // Collection of legislation of the Russian Federation. – 1998. – No. 2. – Art. 219.
2. Decree of the President of the Russian Federation of November 23, 2020 No. 733 (as amended on March 29, 2023) “On approval of the Strategy of the state anti-drug policy for the period up to 2030”. [Electronic resource. – Access mode: https: //www.consultant.ru/ (date accessed: 17.04.2024).
3. RF Government Resolution of 30.06.1998 No. 681 “On approval of the list of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation » // Collection of Legislation of the Russian Federation. – 06.07.1998. – No. 27. – Art. 3198.
4. Decision of the Supreme Court of the Russian Federation dated 09.10.2023 No. AKPI23-449. [Electronic resource. – Access mode: https://base.garant.ru/(date of access: 17.04.2024). < br /> 5. Sentence of the Yegoryevsky City Court of the Moscow Region dated September 29, 2023 in case No. 1-375/2023. [Electronic resource. – Access mode: https://sudact.ru/ (date of access: April 17, 2024 ).
6. Report of the International Narcotics Control Board for 2022. [Electronic resource. – Access mode: https://unis.unvienna.org/ (date of access: 21.04.2024).
7. Prokhorova M. L., Mikhailov A. E., Pikin I. V. [et al. ] Legal and organizational foundations for combating drug trafficking: textbook / Under the general editorship of M. L. Prokhorova, A. E. Mikhailov. – Moscow: INFRA-M, 2024. – 298 p.
8. Yachmeneva M. A. The subject of a criminal offense as an element of the forensic characteristics of crimes related to illegal drug trafficking committed with the participation of minors // South Ural forensic readings. reports of the scientific and practical conference (Ufa, 12/24/2020). Issue 28 / Responsible editor: R. I. Zainullin. – Ufa: RIC BashSU, 2021. – pp. 64-70.
9. Coca: The History and Medical Significance of an Ancient Andean Tradition // Hindawi Publishing Corporation Emergency Medicine International Volume 2016. [Electronic resource. – Access mode: http://dx.doi.org/ (date of access: 04/21/2024).
CRIMINAL LAW
MAKHAEV Makhmud Abdulkadyr-ogly
Ph.D. in Law, senior lecturer of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ALIEV Abdulmalik Magomedovich
Ph.D. in Law, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
GENOCIDE AS A CRIME UNDER RUSSIAN CRIMINAL LAW
The article examines genocide as one of the most serious crimes against humanity, analyzing its regulation under Russian criminal law (Article 357 of the Criminal Code of the Russian Federation), judicial practice, issues, and ways to further improve legislation, as well as problems of international cooperation in this field.
Keywords: genocide, crimes against humanity, criminal liability, international law, UN Convention.
Bibliography of articles
1. Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (as amended on July 28, 2023) // SPS “Consultant Plus”.
2. Belyaev A. A. Criminal liability for genocide: theory and practice // Journal of Russian law. – 2022. – No. 5. – P. 34.
3. Moskalov G. . L. Law enforcement practice in cases of genocide: Russian and international experience // Criminal law. – 2020. – No. 7. – P. 78.
4. Safronova E. V. Problems of criminal liability for genocide in Russian law // Bulletin of Moscow University. Series 11: Law. – 2021. – No. 4. – P. 56.
CRIMINAL LAW
MESHCHERYAKOVA Tatyana Viktorovna
senior lecturer of Administrative and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
KHASNUTDINOV Renat Rafailjevich
Ph.D. in Law, associate professor, associate professor of Organization of combating economic crimes sub-faculty of the Institute of Law of the Samara State University of Economics
ON THE ISSUE OF THE MAIN DIRECTIONS OF COUNTERING VIOLENT CRIME IN PLACES OF DETENTION
The article examines the criminological and criminal law features of penitentiary crime against life and health. In particular, it is noted that there is a need to strengthen criminal liability for violent crimes committed by convicts in isolation from society. In addition, there is a significant decrease in the number of convicts held in correctional institutions against the background of a consistently high proportion of penitentiary crime. Also of great importance is the latent component of the type of crime under consideration, indicating the presence of problematic issues in the organization of work on the identification and disclosure of violent crimes in correctional institutions. On this basis, specific measures are proposed, primarily of a criminal and organizational and managerial nature, aimed at optimizing the prevention of violent crime in places of detention.
Keywords: violent crime , life, health, convict, counteraction, correctional institution.
Article bibliographic list
1. Criminology: textbook for universities / Yu. M. Antonyan. – 3rd ed., revised. and additional — Moscow: Yurait Publishing House, 2024. — P. 335.
2. Meeting with the Chairman of the Supreme Court Vyacheslav Lebedev // President of Russia: official website. [Electronic resource]. – Access mode: http://www.kremlin .ru/events/president/news/71173 (date accessed: 09.04.2024).
3. On approval of the Concept for the development of the penal system of the Russian Federation for the period up to 2030: order of the Government of the Russian Federation of April 29, 2021 . No. 1138-r. – Text: electronic // Reference and legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consul tant.ru (date of access: 04/09/2024).
CRIMINAL LAW
NABIULLINA Viktoriya Romanovna
senior lecturer of Technosphere safety sub-faculty of the Northern Trans-Ural State Agricultural University, Tyumen
ADMINISTRATIVE PREJUDICE AS A MEANS OF DISTINGUISHING OFFENSES PROVIDED FOR IN ARTICLE 207.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION AND PART 9 OF ARTICLE 13.15 OF THE CODE OF ADMINISTRATIVE OFFENCES OF THE RUSSIAN FEDERATION
The article analyzes statistical information and court decisions concerning the use of Art. 207.1 and 207.2 of the Criminal Code of the Russian Federation in law enforcement practice. The new offenses of public dissemination of knowingly false socially significant information introduced in 2020 need to be improved taking into account the current practice. In particular, in connection with the need to eliminate sectoral competition between Article 207.1 of the Criminal Code of the Russian Federation and part 9 of Article 13.15 of the Code of Administrative Offences of the Russian Federation, it is proposed to provide for administrative prejudice under Article 207.1 of the Criminal Code of the RF, which will make it possible to unambiguously distinguish between the offenses.
Keywords: knowingly false information, socially significant information, administrative prejudice, article 207.1 of the Criminal Code of the Russian Federation, part 9 of article 13.15 of the Code of Administrative Offences of the Russian Federation.
Article bibliographic list
1. Tarhanov I. A. , Bikeev I. I., Latypova E. Y., Begishev I. R., Nikitin S. G., Magometovich B. A. Pandemia and Criminal Law: On Criminalization of Socially Dangerous Actions in Russia // In Laplage Em Revista. – 2020. – Vol. 6(A). – R. 63-68.
2. Latypova E. Yu . On the criminalization of certain criminal acts in the context of the COVID-19 pandemic // Legal and moral aspects of the functioning of civil society. Collection of materials of the International scientific and practical conference dedicated to the memory of the honored scientist of the Russian Federation, Doctor of Law, Professor V. P. Malkov. 2 parts. 2020. P. 462-469.
3. Balandin V. I. On the grounds and limits of criminalization of public dissemination of knowingly false information in the media and information and telecommunication networks // Bulletin of Yaroslavl State University. Series Humanities.- 2021. – Vol. 15. No. 3. – P. 398-407.
4. Tonkikh K. G. Problems of distinguishing between public dissemination of deliberately false socially significant informationand within the framework of criminal and administrative liability // Problems and prospects in the international transfer of innovative technologies. Collection of articles based on the results of the International scientific and practical conference. – Sterlitamak, 2021. – P. 77-81.
CRIMINAL LAW
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 of the Academy of the FPS of Russia
CRIMINAL LEGAL ASSESSMENT OF THE ACTS OF A PERSON OCCUPYING A HIGHER POSITION IN THE CRIMINAL HIERARCHY
The article examines the signs of the corpus delicti provided for in Part 4 of Articles 210 and 210 .1 of the Criminal Code of the Russian Federation, which provides for criminal liability for a person occupying a higher position in the criminal hierarchy. The peculiarity of the issue is that a person is criminally liable for having a high criminal status, that is, a person is liable not for an act, but for a state in public life. The difficulty in law enforcement lies in determining the moment of the end of this crime. The fact of leadership in the criminal world, within the meaning of the law, forms the composition of a completed crime.
Keywords: organized crime, the fight against crime, the leader occupying the highest position in the criminal hierarchy, the head of the organized crime group.
Article bibliographic list
1. Skoblikov P. A. The highest position in the criminal hierarchy. – M., 2021. – P. 9.
2. Pikin I. V., Tarakanov I. A. Occupying the highest position in the criminal hierarchy: features of criminal-legal qualification // Actual problems of the state and law. – 2021. – No. 5 (19). – P. 501.
3. Agapov P. V., Salnikov N. V., Kondratyuk S. V. Actual issues of implementation of criminal liability for occupying the highest position in the criminal hierarchy // Law and order: history, theory, practice. – 2021. – No. 3 (30). – P. 51.
4. Topilskaya E. V. On the features of the crimes provided for in Articles 210 and 210.1 of the Criminal Code of the Russian Federation // CriminalistЪ. – 2020. – No. 2 (31). – P. 39.
5. Novozhilov S. S. Features of persons with status leadership in the criminal environment // Legal studies. – 2023. – No. 5. – P. 32.
6. Novozhilov S. S. Highest position in the criminal hierarchy: problems of applying part 4 of article 210 and article 210.1 of the Criminal Code of the Russian Federation // Legal studies. – 2022. – No. 4. – P. 56.
CRIMINAL LAW
OPENCHENKO Ivan Vladimirovich
lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
KOVALEV Vitaliy Vitaljevich
Ph.D. in technical sciences, Head of Fire and technical training sub-faculty of the Barnaul Law Institute of the MIA of Russia
GAZIZOV Timur Irshatovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
ANALYSIS OF MODERN CHANGES AND ADDITIONS TO THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The Criminal Code of the Russian Federation, like any other legislation, is not static. It is constantly changing and being supplemented, reflecting changes in society, new trends in crime and the improvement of the legal system. In recent years, the number of amendments and additions to the Criminal Code of the Russian Federation has increased significantly, which actualizes the study of problems related to this process. Over the past few years, many changes have been made to the Criminal Code of the Russian Federation, which have changed the existing criminal law policy. This situation is due to the following reasons: turbulence in international relations, flat-shaped consequences, the economic crisis, the departure of many foreign companies from Russia, the conduct of a special military operation (hereinafter referred to as SVO) and many others, which necessitates a comprehensive analysis of modern criminal legislation.
Keywords: Criminal Code, changes and amendments, criminal legislation, special military operation, trends, pandemic.
Article bibliography
1. Kleymenov M. P. Methodology of criminal-legal forecasting // Law enforcement. – 2022. – No. 4. – P. 277-288.
2. Lopashenko N. A. Main results of criminal legislation reform in 2022: analytical review // Lex Russica. – 2023. – No. 4 (197). – P. 115-135.
3. Sitnikova A.I. Moratorium on the currentchanges in criminal legislation: PRO ET CONTRA // Legal technology. – 2023. – No. 17. – P. 463-469.
CRIMINAL LAW
PICHUGIN Sergey Andreevich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty of the Faculty of Law of the Vladimir Law Institute of the FPS of Russia
CRIMINAL LIABILITY FOR AN ACT PROVIDED FOR IN ARTICLE 282.4 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: REGULATION AND ENFORCEMENT ISSUES
The article is dedicated to the issues of responsibility for the crime provided for in Article 282.4 of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 282.4 of the Criminal Code of the Russian Federation and the practice of its application. The main attention is paid to the characteristics of the subject of the crime (various types of attributes and symbols prohibited by current legislation) and the objective side. Based on the analysis of normative legal acts, literary sources and law enforcement practice, the legally significant signs of the specified corpus delicti, as well as issues of its qualification, are considered. Examples from judicial practice of the application of Article 282.4 of the Criminal Code of the Russian Federation are given, its problematic aspects are indicated. In the final part, conclusions are drawn on the topic of the study.
Keywords: extremism, extremist organization, Nazi paraphernalia and symbols, paraphernalia and symbols of an extremist organization, prohibited paraphernalia and symbols, crime, punishment, criminal law.
Article bibliographic list
1. Abdullin A. R. Criminalization of repeated propaganda s or public display of Nazi paraphernalia or symbols (Article 282.4 of the Criminal Code of the Russian Federation) // Eurasian Legal Journal. – 2022. – No. 11 (174). – P. 192-193.
2. Shavyrkin I. A., Volkov A. S. Normative consolidation of the signs of the composition of crimes defined by the provisions of Chapter 29 of the Criminal Code of the Russian Federation // Legal science. – 2023. – No. 6. – P. 175-178.
3. Criminal law of the Russian Federation. Special part: textbook / I. V. Pikin, M. L. Prokhorova, N. A. Gorshkova [et al.]; under the general editorship of M. L. Prokhorova, I. V. Pikin. – Moscow: INFRA-M, 2024. – 642 p. + Additional materials. – (Higher education). [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/2092336 – ISBN 978-5-16-019165-2.
4. Sheveleva K. V. Criminal-legal means of protecting the historical memory of the peoples of the Russian Federation about the events of World War II and the Great Patriotic War: dis. … Cand. of Law. – Moscow, 2023. – 243 p.
5. Dictionary of foreign words: edited by I. V. Lekhin and prof. F. N. Petrov. – Moscow: YUNVES, 1995. – 832 p.
6. Rydchenko K. D. Some features of ensuring the ban on propaganda and public display of Nazi attributes and symbols // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2009. – No. 2. – P. 60-65.
7. Pikin I. V., Tarakanov I. A., Pichugin S. A. Problems of criminal-legal counteraction to propaganda or public demonstration of attributes and symbols of extremist organizations // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023 – T. 9 (75). No. 3. – pp. 502-507.
CRIMINAL LAW
POVALYAEV Eduard Andreevich
lecturer of Operational investigative activities and special equipment sub-faculty of the Lugansk branch of the Voronezh Institute of the MIA of Russia, major of police
strong>THE DEVELOPMENT OF DOMESTIC LEGAL NORMS PROVIDING FOR RESPONSIBILITY FOR MURDER. THE OCCURRENCE OF QUALIFYING SIGNS
The article will consider the norms of law providing for responsibility for the commission of murders, early sources of law that operated on the territory of Russia in different historical periods, the circumstances aggravating the murders are identified, their partial analysis is carried out, and comparison with the norms of criminal law in modern Russia. The continuity of qualifying features from one source to another is displayed, as well as their significance for the formation of the current norms of the criminal legislation of the Russian Federation.
Keywords: murder, qualifying feature, criminal liability, source of law.
Article bibliographic list
1. Code of Law of 1497 // Internet portal “Wikisource”. [Electronic resource]. – Access mode: https://ru.wikisource.org/wiki/%D0%A1%D1%83%D0%B4%D0%B5%D0%B1%D0%BD%D0%B8%D0%BA_1497_%D0%B3%D0%BE%D0%B4%D0%B0 (date of access: 18.02.2024)
2. Penal Codepenal and correctional, department two. – St. Petersburg: Type. 2 departments of the proper. e. i. v. chancery, 1845. // Internet portal “Russian State Library”. [Electronic resource]. – Access mode: https://dlib.rsl.ru/viewer/01002889696 (date of access: 19.02.2024)
3. Internet portal “National Legal Internet Portal of the Republic of Belarus”. Criminal Code of 1903. [Electronic resource]. – Access mode: https://pravo.by/upload/pdf/krim-pravo/ugolovnoe_ulogenie_1903_goda.pdf (date accessed: 20.02.2024)
4. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 31.07.2020) // [Electronic resource]. SPS “ConsultantPlus” (date accessed: 20.02.2024)
5. Federal Law of December 8, 2003 No. 162-FZ “On Amendments and Additions to the Criminal Code of the Russian Federation” (with amendments and additions) // SPS “Garant”. [Electronic resource]. – Access mode: http://base.garant.ru/12133485/1cafb24d049dcd1e7707a22d98e9858f/#ixzz6kObqhhH4 (date of access: 02.21.2024)
CRIMINAL LAW
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
GILEMKHANOVA Aigul Galievna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
SHCHERBAKOV Alexander Vladimirovich
lecturer of Fire Training sub-faculty of the Voronezh Institute of the MIA of Russia, major of police
SHESTAKOVA Natalya Nikolaevna
Deputy Head of the Investigation Department of the Department of the MIA of Russia for the city of Megion of the MIA of Russia for the Khanty-Mansiysk Autonomous Okrug, major of police
FEATURES OF THE APPLICATION OF PUNISHMENTS NOT RELATED TO ISOLATION IN RELATION TO MINORS
This article examines the specifics of the appointment of alternative types of punishment for minors not related to imprisonment. Special emphasis is placed on the forced labor activity of juvenile convicts, including the imposition of such types of punishments as: compulsory labor, correctional labor. The authors analyze the effectiveness of such measures as a means of punishment and a tool for socialization, discipline and the acquisition of practical skills for minors. The article also offers recommendations on improving the norms of criminal legislation governing the imposition of fines against minors.
Keywords: juvenile delinquent, punishment, fine, correctional labor, compulsory labor, alternative punishments.
Article bibliographic list
1. Buryanova E. S. Prospects for the development of punishments alternative to imprisonment // Forum of young scientists. – 2022. – No. 11 (75). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perspektivy-razvitiya-alternativnyh-lisheniyu-svobody-nakazaniy (date of access: 01.05.2024).
2. Golberg K. A. On some issues of the controversial concept of “punishments not associated with isolation from society” // Gaps in Russian legislation. – 2017. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nekotoryh-voprosah-diskussionnosti-ponyatiya-nakazaniy-ne-svyazannyh-s-izolyatsiey-ot-obschestva (date of access: 01.05.2024).
3. Kashuba Yu. A. The system of criminal punishments for minors: current state and reform trends // Bulletin of the Kuzbass Institute. – 2018. – No. 4 (37). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sistema-ugolovnyh-nakazaniy-nesovershennoletnih-sovremennoe-sostoyanie-i-tendentsii-reformirovaniya (date of access: 01.05.2024).
4. Rogova E. V., Gaidai M. K. Current state of practice of applying criminal penalties to minors // Bulletin of the UYU. – 2020. – No. 1 (87). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennoe-sostoyanie-praktiki-primeneniya-ugolovnyh-nakazaniy-k-nesovershennoletnim (date of access: 01.05.2024).
5. Churlyaeva I. V., Vyborova A. N. Punishments alternative to imprisonment applied to minors // Bulletin of the Law Faculty of the Southern Federal University. – 2021. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nakazaniya-alternativnye-lisheniyu-svobody-primenyaemye-v-otnoshenii-nesovershennoletnih-lits (date of access: 05/01/2024).
CRIMINAL LAW
TONAEV Tonay Magomednyuryevich
magister student of the Institute of Law of the Dagestan State University, Makhachkala
CRIMINAL LIABILITY AS A TYPE OF LEGAL RESPONSIBILITY
The article studies the issues of criminal responsibility, which is considered from the position of a variety of legal responsibility. The range of views on the essence and content of criminal responsibility is determined, the concept of criminal responsibility, distinctive criminal responsibility, the content, as well as the types of punishments that are awarded to the perpetrator when carrying out an illegal act are considered. The legal comparative analysis of criminal responsibility with other types of legal responsibility is carried out. On the basis of the studied material, the author’s definition of criminal responsibility is formulated, its content is disclosed and features that distinguish criminal responsibility from other types of legal responsibility are revealed. It is noted that each crime committed entails criminal liability. Recognition of a person convicted of committing a crime as a convicted person entails criminal consequences.
Keywords: legal responsibility, criminal responsibility, duty, state condemnation, limitations, attributes, offenses.
Article bibliography
1. Avkopashvili D. T. Current issues of criminal liability // Legal science in the 21st century: current problems and prospects for their solutions. – Shakhty, 2020. – P. 42-43.
2. Bogdanov A. V. Criminal liability as a type of legal liability: concept, content and features // Eurasian Law Journal. – 2021. – No. 9 (160). – P. 245 -247.
3. Borisenko I. A. The concept of criminal liability. Classification of measures of criminal-legal nature // Young scientist. – 2023. – No. 23 (470). – P. 296-301.
4. Golendeev A. S. Concept and general characteristics of release from criminal liability // Student Bulletin. – 2022. – No. 14-4 ( 206). – P. 28-30.
5. Dolgopolov K. A. Concept and legal nature of the basis of criminal liability // Journal of Legal Research. – 2023. – Vol. 8. No. 1. – P. 50- 56.
6. Dubovskaya A.K. Criminal liability as a type of legal liability // Modern Science. – 2022. – No. 4-1. – P. 104-109.
7. Nurkaeva M.K. The nature of criminal liability // Law: retrospective and prospect. – 2021. – No. 1 (5). – P. 80-84.
8. Sentsov A.S. , Volkolupova V. A. On the concept of criminal liability: general theoretical aspects // Innovations. Science. Education. – 2022. – No. 52. – P. 309-315.
9. Sidorov D. E. The concept of criminal liability in criminal law and its content // Criminal-legal and criminological directions of combating crime: Collection of materials of the Interregional scientific and practical conference of faculty, postgraduate students and students. – Simferopol, 2024. – P. 133-135.
10. Sukhanberdieva, D., Abdykadyrov D. Z. The concept of criminal liability and its types // In Situ. – 2023. – No. 5. – P. 139-141.
11. Chernyshova E. A. Criminal liability: concept, features, grounds, moment of occurrence, form of implementation // Scientific news. – 2022. – No. 28. – P. 346-348.
CRIMINAL LAW
KHAMZYAEVA Yuliya Radikovna
Ph.D. in Law, lecturer of Criminal law sub-faculty of the Kazan Law Institute of the MIA of Russia
CRIMINAL LAW COUNTERACTION TO THE FINANCING OF TERRORIST ACTIVITIES
The article examines the relevance of the topic of terrorism for Russia, examines statistical data on the number of registered terrorist crimes. The special significance of the topic of terrorism for Russia has been revealed. The analysis of criminal legislation in the field of counteraction to terrorism is carried out. Gaps related to the definition of “financing of terrorism” have been identified. The author’s position on the criminalization of terrorist financing is indicated in a separate article 2057 “Financing of terrorist activities” of the Criminal Code of the Russian Federation. In connection with the introduction of Article 2057 of the Criminal Code of the Russian Federation, the author proposed to decriminalize part 2 of Article 361 of the Criminal Code of the Russian Federation.
Keywords: terrorism, terrorist financing, terrorist activities, international terrorism.
Article bibliography
1. Agapov P. V. The latest anti-terrorist legislation: problems of socio-criminological determination // Society and Law. – 2014. – No. 1 (47). – P. 73-77.
2. The quality of criminal law: problems of the Special Part: monograph / Ed. A. I. Rarog. – M.: Prospect, 2022. – P. 199.
3. Kiriyenko M. S. Failure to report a crime: old composition in new conditions // Advocate. – 2016. – No. 7. – P. 9-14.
4. Khamzyaeva Yu. R. Criminological and criminal-legal aspects of countering terrorism in Russia and foreign countries (on the example of member states of the DogoVora on collective security): dis. …cand. legal Sciences: 12.00.08. – Kazan, 2017. – 311 p.
CRIMINAL LAW
ZHAROV Konstantin Alexandrovich
magister student of Criminal law sub-faculty of the O. E. Kutafin Moscow State Law University (MSAL)
PROSPECTS OF CRIMINAL LIABILITY OF LEGAL ENTITIES IN RUSSIA FOR ILLEGAL DESTRUCTION (DAMAGE) OF FOREST PLANTATIONS IN THE RUSSIAN FEDERATION
This article analyzes various strategies and methods used in Russian and European legislation to assess their effectiveness and consider the introduction of new criminal measures . The authors examine existing administrative penalties in the Russian Federation and propose innovative changes to the Criminal Code, including the introduction of new articles aimed at combating environmental offenses.
Keywords: environmental crimes, forest plantations, criminal code of the Russian Federation, administrative fines, preventive measures, international experience, legislative changes, corporate responsibility.
Article bibliography
1. Antoshchenko A. . V., Prudnikova I. V. On the issue of criminal liability for illegal logging of forest stands // Modern science: current problems of theory and practice. Series: Economics and Law. – 2023. – No. 10. – P. 99-102.– DOI: 10.37882/2223-2974.2023.10.01.
2. Artamonova M. A. On some issues of criminal liability for environmental crimes under the legislation of foreign countries // Bulletin of the Samara Humanitarian Academy. Series: Law. – 2013. – No. 2 (14). – P. 175-184.
3. Gladyshev D. Yu. Some aspects of criminal liability for crimes infringing on the animal world, according to the legislation of Brazil // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia . – 2012. – No. 2 (18). – P. 162-166.
4. Grishakov A. G., Felyaev E. A., Fedyaev E. A. Features of the execution of a warning and an administrative fine as types of punishment for administrative offenses // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs Russia. – 2012. – No. 3 (55). – P. 35-38.
5. Dedkova T. A., Andreev E. I. Problems of liability for illegal logging of forest stands in the Russian Federation // Criminal Justice . – 2018. – No. 12. – P. 127-131. – DOI: 10.17223/23088451/12/25.
6. Dorozhkin I. O. On the issue of the advisability of introducing criminal liability of legal entities // Eurasian Legal magazine. – 2023. – No. 12 (187). – P. 313-314.
7. Dyakonova D. I. On the issue of criminal liability of legal entities // Issues of Russian justice. – 2023. – No. 24. – P. . 364-371.
8. Kuznetsova N. I., Urda M. N. And again about the criminal liability of legal entities: two views on the problem (on the example of environmental crimes) // All-Russian Criminological Journal. – 2023. – T. 17. No. 6. – P. 567-576. – DOI: 10.17150/2500-4255.2023.17(6).567-576.
9. Fokina S. I., Vyvolokina A. V., Ponomarenko E. I. Problems of bringing to criminal liability for violations of environmental safety // Economy, ecology and society of Russia in the 21st century. – 2021. – Vol. 2. No. 1. – P. 328-331. – DOI: 10.52899/9785883036247_328.
CRIMINAL LAW
MAKHAEV Makhmud Abdulkadyr-ogly
Ph.D. in Law, senior lecturer of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ALIEV Abdulmalik Magomedovich
Ph.D. in Law, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
VOLUNTARY ABANDONMENT OF CRIMINAL INTENT AS AN INSTITUTE OF RUSSIAN CRIMINAL LAW
In this article, the author attempts to highlight the specifics of the criminal law institution of voluntary abandonment of criminal intent. This institution in Russian criminal law contributes to reducing crime rates by encouraging individuals to renounce criminal intentions. The article examines the history, legal foundations, and practice of applying this institution, identifies problems in legal regulation, and suggests ways to address them.
Keywords: criminal law, institute of voluntary abandonment, crime, criminal intentions, criminal liability, qualification of crime.
Article bibliography
1. Ivashko S. A. Voluntary abandonment of crime: some issues theories and practices // Issues of Russian and international law. – 2018. – No. 3. – P. 45.
2. Kondratyev P. M. Problems of applying the institution of voluntary refusal to commit a crime // Russian lawyer. – 2020. – No. 7. – P. 30.
3. Lomanov I. V. Voluntary refusal to commit a crime in modern Russian criminal law: analysis of judicial practice // Journal of Russian Law. – 2019. – No. 2. – P. 65.
4. Mescheryakov A. Yu. History of the formation of the institution of voluntary refusal to commit a crime in Russian law // Law and Law Enforcement. – 2022. – No. 5. – P. 22-29.
5. Nikulin V. F. Legal nature and criteria for voluntary refusal to commit a crime // Law and Life. – 2021. – No. 4. – P. 50.
CRIMINAL PROCEEDINGS
BELYAKOV Alexey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Organization of combating economic crimes sub-faculty of the Samara State University of Economics
ADYLIN Dmitriy Mikhaylovich
senior lecturer of State and legal disciplines sub-faculty of the Samara Law Institute of the FPS of Russia
SHISHKINA Kseniya Alexandrovna
student of the 3rd course of the Samara State University of Economics
ON THE LEGAL IMPROVEMENT OF ARTICLE 86 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
The paper considers the problem associated with the lack of a definition of evidence gathering in the law, as well as the issues of the legal position of the defense counsel and prosecutor in the implementation of this activity. It is proposed to make some adjustments to the provisions of Article 86 of the Criminal Procedure Code of the Russian Federation. In particular, the definition of the term “gathering of evidence” is formulated. The exclusion of the prosecutor from the subjects listed in part 1 is justified. Taking into account the actual scope of the defense counsel’s rights, it is concluded that it is advisable to change the content of part 3. A proposal is made to introduce a criminal procedural norm regulating the procedure for recording evidence of the defense.
Keywords: collection of evidence, definition, rights of defense counsel, principle of equality and adversarial proceedings, powers of the prosecutor.
Bibliographical list br /> 1. Balakshin V.S. On the issue of the concept and content of obtaining evidence in criminal proceedings // Jurisprudence. – 2014. – No. 1 (312). – P. 149.
2. Bezlepkin B. T. Commentary on the Criminal Procedure Code of the Russian Federation (article by article). – 16th ed., revised and enlarged. – M .: Prospect, 2023. – P. 122.
3. Zaitseva E. A., Sadovsky A. I. In development of the doctrine of S. A. Sheifer on the formation of evidence // Bulletin of SSU. – 2014. – No. 11-2 (122). – P. 24.
4. Kozlov F. V. Participation of the prosecutor in collecting evidence in a criminal case at the pre-trial stages of criminal proceedings // Young scientist. – 2021. – No. 43 (385). – P. 112-114.
5. Pivovarova A. O. Problems of collecting evidence by the defense in criminal proceedings // Young scientist. – 2018. – No. 44 (230). – P. 168-170.
6. Epifanov M. I. Evidence and proving in criminal proceedings // Young scientist. – 2022. – No. 48 (443). – P. 252-255 @@ Rossinsky S. B. Collection of evidence as the “first” stage of proving in a criminal case // Legal Bulletin of Samara University. – 2020. – No. 3. – P. 91-101 @@ Kornakova S. V. Evidence and proving in criminal proceedings: problems of understanding their content // Lex Russica (Russian law). – 2023. – V. 76. No. 1 (194). – P. 98-109.
7. Zagashtokov D. Yu. Powers of the prosecutor to prove during the preliminary investigation // Scientific News. – 2022. – No. 11 (52). – P. 13-21 @@ Chich Zh. T. Collection of evidence by the prosecutor in criminal proceedings // Legal science. – 2021. – No. 4. – P. 155-157; and others.
8. Smirnov A. V., Kalinovsky K. B. Criminal procedure. Textbook / Under the general editorship of prof. Smirnov A. V. – 4th ed., revised. and add. – M.: KNORUS, 2008. – P. 210-211.
9. Sheifer S. A. Evidence and proof in criminal cases: problems of theory and legal regulation. – M.: Norma, 2009. – P. 34.
10. Shcherba S. P., Erezhipaliev D. I. The prosecutor in pre-trial proceedings in criminal cases: functions, legal status, powers. – M.: Yurlitinform, 2015. – P. 64.
CRIMINAL PROCEEDINGS
GERASENKOV Vadim Mikhaylovich
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty of the Academician I. G. Petrovsky Bryansk State University
STAGE OF INITIATING A CRIMINAL CASE: PROBLEMATIC ASPECTS AND AREAS FOR IMPROVEMENT
This article discusses directions for improving the procedural regulation of the stage of initiating a criminal case. Justifications are given for the objective need to improve the stage of initiating a criminal case in three areas: clearly defining and consolidating the procedural position of persons involved in verifying a statement or report of a crime who do not have public authority in criminal proceedings; fixing the procedural order of carrying out certain procedural actions, which include obtaining explanations and ordering a forensic examination; determining the evidentiary value of data obtained from the results of verification of statements and reports of a crime and their use as evidence and the process of proof in criminal proceedings. Based on the results of a study of areas for improving the stage of initiating a criminal case, appropriate proposals were made to introduce changes and additions to the criminal procedural legislation. Based on the results of the study, general conclusions were made that the proposed changes and additions to the criminal procedural legislation will strengthen the guarantees of the rights and legitimate interests of persons involved in verifying statements or reports of crimes, improve the procedural regulation of the stage of initiating a criminal case, and resolve controversial issues regarding the evidentiary value of the results obtained from the stage of initiating a criminal case.
Keywords: criminal procedural legislation, stage of initiating a criminal case, evidence, procedural status, procedural order, explanations, forensic examination, criminal proceedings, statement or report of a crime.
Article bibliographic list
1 Bagmet A. M., Osmanova N. V. Stage of initiating a criminal case: problems and ways to solve them // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2020. – No. 1 (23). – P. 83-86.
2. Mitkova Yu. S., Vekhov V. B. Problems of determining the legal status of individual participants in the stage of initiation of a criminal case. – Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (51 ). – P. 168-175.
3. Smirnov P. A. Explanations during the preliminary verification of information about a crime – the blurred line of testimony in criminal proceedings // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2022. – No. 6 – pp. 46-52.
CRIMINAL PROCEDURE
DECHKIN Oleg Mikhaylovich
senior lecturer of Criminal process, criminalistics and law enforcement intelligence operations sub-faculty of the Law Faculty of the Vologda Institute of Law and Economics of the FPS of Russia
FEATURES OF PREPARATION FOR INTERROGATION OF WITNESSES FROM AMONG PERSONS SERVING SENTENCES IN CRIMINAL CASES OF CRIMES AGAINST LIFE AND HEALTH IN CORRECTIONAL INSTITUTIONS
In a scientific article, the author examines the specifics of identifying witnesses from among those serving sentences, as well as preparatory work for interrogating these persons when investigating crimes against life and health in correctional institutions. One of the key conditions for the preparation of this investigative action in correctional institutions is the active interaction of the investigator, the investigator with the operational workers of these institutions.
Keywords: crimes against life and health; preparation for interrogation; crime detection and investigation; witness; correctional institution; convicted; investigative action; operational-search measures.
Article bibliographic list
1. Belkin R. S., Livshits E. M. Tactics of investigative actions. – Moscow: Novyi Yurist, 1997. – 176 p.
2. Medvedev S. I. Investigation of murders and causing of bodily harm in correctional labor institutions. – Ryazan: Publishing House of the Ryazan Higher School of the USSR Ministry of Internal Affairs, 1987. – 72 p.
3. Shuruhnov N. G. Use of organizational, procedural, information technology tools to enhance the participation of convicts in interrogation during the investigation of crimes committed in institutions of the Federal Penitentiary Service // Criminal-executive law. – 2015. – No. 4 (22). – P. 35-39.
CRIMINAL PROCEEDINGS
ZELENSKAYA Tatyana Valerjevna
Ph.D. in Law, associate professor of Criminal process and judicial supervision sub-faculty of the Baikal State University, Irkutsk
LITVINTSEVA Natalya Yurjevna
Ph.D. in Law, associate professor, associate professor of Criminal process and judicial supervision sub-faculty of the Baikal State University, Irkutsk
ON THE ISSUE OF DETERMINING THE FAIRNESS OF THE SENTENCE
The article deals with topical issues of determining the fairness of a sentence. The concept of justice, the justice of the sentence, the relationship between the concepts of justice of punishment and the justice of the sentence is investigated. It is discussed that justice as a legal category is expressed in the right of everyone to a fair trial, and the fairness of the verdict, first of all, depends on the fairness of the criminal procedure. The use of the category of justice in the criminal procedure law makes it possible to evaluate the verdict of the court not only from the point of view of its compliance with the requirements of the law, but also from the point of view of morality. It is argued that the justice of the verdict acts as a moral assessment of the verdict in the eyes of society and should be a reflection of social justice.
Keywords: criminal proceedings, court decision, final court decision, sentence, requirements imposed on the sentence, the fairness of the sentence.
Article bibliography
1. Volodina L. M. Judicial power and problems of implementing the purpose of criminal proceedings // Siberian criminal procedural and forensic readings. – 2019. – No. 4. – P. 29. – P. 28-40.
2. Kornakova S. V. On the issue of the principle of justice // Siberian criminal procedural and forensic readings. – 2014. – No. 2 (6). – P. 64-70.
3. Dahl V. I. Explanatory Dictionary of the Russian Language. Modern Spelling. – M.: Ast, 2001. – 759 p.
4. Hobbes T. Works: in 2 volumes. – Vol. 2. – M.: Mysl, 1991. – 621 p.
5. Bozrov V. M. On the Problem of Fairness in Criminal Proceedings // Russian Judge. – 2005. – No. 4. – P. 15-18.
6. Ryabtseva E. V. Proportionality in Criminal Proceedings through the Prism of a Fair Balance of Interests // Baikal Research Journal. – 2015. – No. 1.
7. Shadrina E. G. The Importance of the Principle of Procedural Justice for Criminal Prosecution // Russian Judge. – 2023. – No. 5. – P. 24-29.
8. Leibniz G. V. Works: in 4 volumes. – Vol. 4. – M.: Mysl, 1989. – 554 p.
9. Kornakova S. V. Adversarial nature – a condition for equality of the parties in criminal proceedings // Legal science and law enforcement practice. – 2009. – No. 1 (7). – P. 92-97.
10. On the practice of assigning criminal punishment by the courts of the Russian Federation: Resolution of the Plenum of the Supreme Court of the Russian Federation of December 22, 2015 No. 58 (as amended on December 18, 2018) // Bulletin of the Supreme Court of the Russian Federation. – 2016. – No. 2.
11. On the case of verifying the constitutionality of the provisions of Article 159.4 of the Criminal Code of the Russian Federation in connection with the request of the Salekhard City Court of the Yamalo-Nenets Autonomous Okrug: Resolution of the Constitutional Court of the Russian Federation of December 11, 2014 No. 32-P // Collection of Legislation of the Russian Federation. – 2014. – No. 52 (Part I). – Art. 7784.
12. Grinenko A.V. Verdict of the court of first instance: essence, properties, meaning // Russian judge. – 2023. – No. 10. – pp. 20-25.
CRIMINAL PROCEDURE
LUNEVA Anna Vladimirovna
Ph.D. in Law, associate professor, associate professor of Criminal law disciplines sub-faculty of the Far Eastern branch of the Russian State University of Justice, Khabarovsk
POKATILOVA Elena Evgenjevna
magister student of the Far Eastern branch of the Russian State University of Justice, Khabarovsk
PUBLIC PROSECUTION AND THE PRINCIPLE OF PRESUMPTION OF INNOCENCE: PROBLEMS OF COMPLIATION ANCE
The article analyzes the problem of compliance with the principle of presumption of innocence by the state prosecution. This principle is fundamental in the Russian criminal process. In particular, the article analyzes certain elements of the presumption of innocence, and also addresses the issue of compliance with the rules of burden of proof distribution when considering Part 2 of Article 14 and Part 4 of Article 235 of the Criminal Procedure Code of the Russian Federation. In the content of the article, the author states that the duty to prove guilt is fully entrusted to the state prosecution.
Keywords: presumption of innocence, public prosecution, guilt, accused, proof, prosecutor’s office, burden of proof, adversarial nature of the parties.
Article bibliography
1. Definition of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 16.07.2015 in case No. 45-APU15-35 // Access from the SPS “Consultant Plus”.
2. Malakhova L. I. On the essence of the principle of the presumption of innocence // Judicial power and criminal procedure. – 2020. – No. 3. – P. 41-46.
3. Mamontova E. A., Dyatchina D. A. The principle of the presumption of innocence: concept and essence // Young scientist. – 2022. – No. 7 (402). – P. 93-95.
4. Omarieva A. N. Presumption of innocence and its importance in the administration of justice // Bulletin of the Volga Region Institute of Management. – 2019. – No. 2. – P. 64-69.
CRIMINAL PROCEEDINGS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary investigation sub-faculty of the Educational and scientific complex on the preliminary investigation in the DIA of the Volgograd Academy of the MIA of Russia
IGNATOVA Ekaterina Alexandrovna
senior Lecturer of Criminal process and criminalistics sub-faculty of theNovorossiysk branch of the Krasnodar University of the MIA of Russia
THE POSSIBILITY OF MAINTAINING THE PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR IN INTERACTION WITH THE HEAD OF THE INVESTIGATIVE BODY
This article examines the specifics of the investigator’s interaction with the head of the investigative body. The problems of regulatory regulation and the practice of exercising the procedural functions and powers of these officials are studied in order to develop recommendations on expanding the procedural powers of the investigator, improving the quality of their investigation of crimes. The author has made an attempt within the framework of this article to highlight the problems of the so-called “procedural independence of the investigator”, which continues to be the subject of scientific and practical polemics for a long period of time.
Keywords: criminal case, investigator, head of the investigative body, instructions, procedural independence, powers, appeal.
Article bibliography:
1. Ozhegov S. I., Shvedova N. Yu. Explanatory Dictionary of the Russian Language: 80,000 Words and Phraseological Expressions. 4th ed. – M., 1997. – 944 p.
2 . Russian investigator. – 2019. – No. 3. – Moscow: Jurist Publishing Group, 2019.
3. Artamonov A. N., Safronov D. M. General conditions of preliminary investigation: a tutorial. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2017 . – P. 12.
4. Interview of the Chairman of the Investigative Committee of Russia to the TASS agency. [Electronic resource]. – Access mode: https://dzen.ru/a/ZXLcjcDMrGTbT9yK. (date of access 04/28/2024).
5. Ivanov M. A. Procedural independence of the investigator // Modern technologies in the global scientific space: collection of articles. Int. scientific and practical conf. – Ufa, 2017. – P. 142.
6. Biryukov S. Yu., Skorikov D. G., Zakatov A. A. The Importance of Speech Culture in the Work of an Investigator // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 3 (46). – P. 116-121.
CRIMINAL PROCEEDINGS
MALLAEVA Shakiyat Artikovna
Master student of the 1st course of correspondence studies at the Institute of Law of the Dagestan State University, Makhachkala
BEGOVA Dinara Yakubovna
Ph.D. in Law, associate professor of Criminal process and criminalistics sub-faculty of the Institute of Law of the Dagestan State University, Makhachkala
CONTROL OVER THE OPERATIONAL AND INVESTIGATIVE ACTIVITIES OF THE INTERNAL AFFAIRS BODIES
Control over the operational investigative activities of the internal affairs bodies is a key aspect of ensuring compliance with the rule of law, protection of citizens’ rights and freedoms, as well as the effective functioning of the law enforcement system as a whole. This topic is a comprehensive analysis of the control mechanisms used to assess the legality and expediency of the use of operational investigative measures by law enforcement agencies. Both internal and external control tools are analyzed, including internal control by the law enforcement agency itself, control by state bodies (for example, the prosecutor’s office), as well as public control carried out by public organizations and civil society. Particular attention is paid to legislative support for the control of operational investigative activities, including regulations defining procedures and control mechanisms.
Keywords: control, operational investigative activities, law enforcement agencies, legality , protection of rights, public control, efficiency.
Article bibliography
1. Abdullayev A. Control over operational-search activities // Problems of improving legislation: collection of scientific articles by students of the Faculty of Law. Volume Issue-77/19. – Makhachkala: Limited Liability Company “ALEF”, 2019. – P. 96-97.
2. Ivanov P. I. Departmental control over operational-search activities as an integral part of state control (system and structure) // Bulletin of the Ural Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (31). – P. 135-141.
3. Menshchikov M. A. Control and supervision of operational-search activities // Modern problems of jurisprudence: Collection of scientific papers of master’s and postgraduate students / Ministry of Science and Higher Education of the Russian Federation, South Ural State University, Law Institute, Laboratory of Private Law. Volume 3. – Chelyabinsk: Publishing Center of SUSU, 2019. – P. 231-233.
4. Puchnin A. V., Putilin V. V. Concept, essence and legal mechanism for organizing control and supervision of operational-search activities // Public safety, legality and law and order in the III millennium. – 2019. – No. 5-1. – P. 304-309.
5. Pozdnyakov A. N. Control over operational investigative activities of internal affairs agencies asone of the forms of powers exercised by the state in the sphere of law enforcement // Academic Thought. – 2021. – No. 2 (15). – P. 87-93.
CRIMINAL PROCEDURE
MARIANOV Alikhan Abdulayevich
Ph.D. in historical sciences, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala, branch in Izberbash of the Dagestan State University
MUSAKAEVA Zarema Zelimkhanovna
Ph.D . in pedagogical sciences, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
AYUBOVA Shuainat Israpilovna
Ph.D. in historical sciences, associate professor of the R. Gamzatov Dagestan State Pedagogical University, Makhachkala
FEATURES OF THE ADVERSARIAL PRINCIPLE OF THE PARTIES IN CRIMINAL PROCEEDINGS
The article touches on the topic of legislative regulation of the principle of adversarial law at the constitutional level and within certain branches of law, and also examines its application at the stages before trial and during judicial proceedings in criminal cases, including special procedures. Particular attention is paid to the functions of the prosecutor in maintaining the principle of competition. Thus, the adversarial principle is emphasized as a key element to ensure fair proceedings. In general, the article provides a detailed analysis of the principle of adversarial behavior of participants in criminal proceedings, highlighting its theoretical foundations, legislative justification and aspects of practical implementation.
Keywords: principles of legal proceedings, adversarial nature of the parties, signs of adversarial behavior of the parties, participants in criminal proceedings.
Article bibliography
1. Gryaznov A. O. The relationship between the purpose of criminal proceedings and the goals of public prosecution // Actual problems of economics and law. – 2014. – No. 2. – P. 221-226. – EDN SERCRV.
2. Pechnikov G. A., Blinkov A. P., Parshina E. N. Prosecution and defense as “elements of adversarial proceedings” in the modern criminal procedure code of the Russian Federation // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (51). – P. 130-136. – DOI 10.36511/2078-5356-2020-3-130-136. – EDN QKVJDR.
CRIMINAL PROCEEDINGS
MAKAROVA Valentina Vladimirovna
Ph.D . in Law, senior lecturer of Philosophy and history sub-faculty of the Faculty of Law of the Academy of the FPS of Russia
PROSPECTS FOR THE DEVELOPMENT OF THE INSTITUTE OF EXECUTIVE PROBATION IN THE RUSSIAN FEDERATION
This article attempts a comprehensive analysis of legislation regarding the implementation of measures within the framework of executive probation, and suggests prospects for the development of this criminal law institution. The following methods were used in writing the article: dialectical, historical and legal, method of legal modeling, analysis, synthesis and other general scientific and private scientific research methods. On the basis of the research being conducted, the author’s additions to the legislation in the field of executive probation are proposed, which make it possible to increase the effectiveness of the activities of probation group employees in practice. The findings can be used for further development of legislation in the field of probation.
Keywords: penal inspection, executive probation.
Article bibliographic list
1. Shuruhnov N. G. Prison Trusteeship Society: goals, structure, legal and organizational areas of activity (analysis of the Charter) // Gaps HYPERLINK “https://www.elibrary.ru/contents .asp?id=41158236” HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236″in HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236” HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236” Russian HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236” HYPERLINK “https://www.elibrary. ru/contents.asp?id=41158236″legislation. – 2019. – No. HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236&selid=41158250” HYPERLINK “https://www.elibrary.ru/contents.asp?id=41158236&selid =41158250″5. – P. 65-69.
2. Regulations on the committees for assistance to those released from places of imprisonment: approved by the board of the People’s Commissariat of Justice on January 18, 1922 No. 18/-1922 // Collection of the main orders, circulars and instructions of the People’s Commissariat of Justice and the NKVD of the RSFSR for 1918-1928 on the activities of places of deprivation of liberty. – M., 1959. – P. 10.
3. Abaturov A. I. Historical and legal analysis of the provision of post-penitentiary care in Soviet Russia (1917-1990) // Criminal-executive HYPERLINK “https:// www.elibrary.ru/contents.asp?id=34035472” HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472″right. – 2014. – No. HYPERLINK “https://www.elibrary .ru/contents.asp?id=34035472&selid=22516568” HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472&selid=22516568″1 HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472&selid=22516568” HYPERLINK “https://www.elibrary.ru/contents.asp?id=34035472&selid=22516568″(17). – P. 75-78.
4. Kryukova O. Yu., Emelyanova Zh. E. Foreign experience of implementing sentence (executive) probation on the example of the Republic of Kazakhstan // Ius HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323″Publicum HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323″et HYPERLINK “https://www.elibrary.ru/ contents.asp?id=49859323” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323″Privatum. – 2022. – No. HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334″4 HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334” HYPERLINK “https://www.elibrary.ru/contents.asp?id=49859323&selid=49859334″(19). – P. 97-105.
5. Dagaev S. S. Probation Institute as a Means of Preventing Recidivism // In the book: VI International Penitentiary Forum “Crime, Punishment, Correction”. Collection of abstracts of speeches and reports of the forum participants (dedicated to the 30th anniversary of the adoption of the Constitution of the Russian Federation and the Law of the Russian Federation of July 21, 1993 No. 5473-I “On the institutions and bodies of the penal system of the Russian Federation”). Academy of the Federal Penitentiary Service of Russia, 2023. – P. 172-176.
CRIMINAL PROCEEDINGS
MARFIN Artem Yurjevich
postgraduate student of the 1st course of the Samara State University of Economics
BELYAKOV Alexey Vladimirovich
Ph.D. of Law, associate professor of Organization of the fight against economic crimes sub-faculty of the Samara State University of Economics
ON THE CONCEPT OF THE VALIDITY OF SUSPICION WHEN CHOOSING A PREVENTIVE MEASURE IN THE FORM OF DETENTION
Officials conducting a preliminary investigation, applying to the court with a petition for the election of a preventive measure in the form of detention, should take into account the requirement of substantiation of suspicion. This article examines the possibility of eliminating such a gap in the Russian criminal procedure law as the absence of the concept of the validity of suspicion and proposes to consolidate the definition of this concept legislatively.
Keywords: reasonable suspicion, preventive measure, detention, preliminary investigation body, court.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 41 of 19.12.2013.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 23 of 24.05.2016.
3. Definition of the Constitutional Court of the Russian Federation of 12.07.2005 No. 323-O “On refusal to accept for consideration the complaint of citizen Vladislav Igorevich Sheychenko on the violation of his constitutional rights by Articles 17, 88, 234 and 235 of the Criminal Procedure Code of the Russian Federation.
4. Resolution of the Constitutional Court of the Russian Federation of 19.05.2022 No. 20-P “On the case of verifying the constitutionality of paragraph 3 of part one of Article 24 and part two of Article 27 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of citizen A. V. Novkunsky”.
5. Mashtakova S. A. Problems of applying a preventive measure in the form of detention // Central Scientific Bulletin. – 2018. – No. 10S1. – P. 13-15.
6. Chikulina A. R. “Reasonable suspicion” as a condition for the court to choose a preventive measure // Law and order: history, theory, practice. – 2023. – No. 4 (39). – P. 118-123.
7. Ustinov A. A. Validity of Suspicion of Involvement in a Crime Committed When Choosing a Preventive Measure by the Court // Legal Science and Law Enforcement Practice. – 2021. – No. 1 (55). – P. 27-33.
8. Semenov V. A. Suspicion in Domestic Criminal Proceedings: History and Modernity // Legal Bulletin of the Kuban State University. – 2023. – No. 1. – P. 101-108.
9. Samusevich A. G. Persuasiveness of Evidence: Problems of Understanding in the Theory of Law // Leningrad Law Journal. – 2022. – No. 1 (67). – P. 33-46.
10. Fox, Campbell and Hartley v. the United Kingdom: ECHR judgment of August 30, 1990. Identification number: ESN-1990-S-004. Access from the reference and legal system “ConsultantPlus”.
CRIMINAL PROCEEDINGS
ORLOV Vladimir Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
ISAEV Rizvan Abdullaevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
BITYUTSKIKH Ivan Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Voronezh Institute of the MIA of Russia
ADVERSARIAL NATURE OF THE PARTIES IN PRE-TRIAL DOMESTIC CRIMINAL PROCEEDINGS AS A REFLECTION OF THE PRINCIPLE OF JUSTICE
The article is devoted to the study of the role of adversarial parties at the pre-trial stages of the domestic criminal process as a manifestation of the principle of justice. The author considers the participation of the prosecution and defense parties in proving, as well as in appealing decisions and actions (inaction) of officials of the preliminary investigation bodies. The active role of the parties in collecting, verifying and evaluating evidence contributes to a comprehensive, complete and objective investigation of all the circumstances of the case, establishing the truth and making a legitimate and reasonable decision. The parties, having equal procedural opportunities, have the right to present evidence, file petitions, participate in procedural actions, which allows them to defend their positions and influence the formation of the evidence base. At the same time, the author notes that in practice, the implementation of adversarial proceedings at the pre-trial stages is not always equivalent, since the prosecution side has broader powers than the defense side. In conclusion, the author concludes that the participation of the prosecution and defense parties in proving and appealing at the pre-trial stages is an important reflection of the principle of justice in modern domestic criminal proceedings. The expansion of the procedural capabilities of the parties indicates the improvement of their procedural and legal status, which ensures an increase in the effectiveness of the adversarial form of criminal proceedings and the protection of the rights of the participants.
Keywords: adversarial nature, fairness of criminal proceedings, verification and evaluation of evidence, establishment of the truth, reasoned decision, truth, evidence, pre-trial stages, appeal of decisions.
Article bibliographic list
1. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 24.02.2021).
2. Kachalov V. I. Adversarial nature at pre-trial stages of criminal proceedings // Russian investigator. – 2021. – No. 3. – P. 9-13.
3. Bozrov V. M. Implementation of the adversarial principle in criminal proceedings // Russian judge. – 2022. – No. 1. – P. 14-18.
4. Aleksandrov A. S. Problems of ensuring adversarial proceedings during preliminary investigation // Russian investigator. – 2021. – No. 7. – P. 8-12.
5. Grinenko A. V. Further development of adversarial proceedings in pre-trial proceedings in criminal cases // Russian Justice. – 2022. – No. 1. – pp. 21-24.
CRIMINAL PROCEDURE
SOKOLOV Yuriy Nikolaevich
Ph.D. in Law, associate professor of Information law sub-faculty, associate professor of Criminalistics sub-faculty of the V. F. Yakovlev Ural State Law University, Yekaterinburg
SIGN, FIGURE, NUMBER, DATA AND INFORMATION: ISSUES OF INTERPRETATION
The article discusses the controversial issues of the use of certain terms and phrases derived from the concept of “digit”, which have a semantic content that does not correspond to those objects of the surrounding reality that they are intended to designate and identify. Using various examples, the key aspects of the interpretation of the concepts of a sign, digit, number, data, information and its individual types are proposed (recalled). The conclusion is made about the fallacy of using such word forms in various fields of human activity, to which they are not related, and the inadmissibility of such application in the field of law.
Keywords: language, content of terms, digital code for presenting information, information technology, data circulation.
Article bibliography
1. Baturin Yu. M. Mythology of digital transformation // Works of the Department of Historical and Philosophical Sciences. Vol. 11. M.: Publisher: Russian Academy of Sciences, 2022. P. 174-180.
2. Grishina E. P. Accessibility and quality of justice in the context of the development of digital technologies // Russian judge. 2024. No. 3. P. 45-50.
3. Zhmurov D. V., Agildin V. V. Victims of sexual violence mediated by digital technologies // Russian investigator. 2023. No. 12. P. 45-48 .
4. Zazulin A. I. Legal and methodological foundations for using digital information in evidence in criminal cases: author’s abstract. dis. … candidate of legal sciences. Yekaterinburg, 2018. 32 p.
5 . Zigura N. A. Computer information as a type of doc.evidence in criminal proceedings in Russia: author’s abstract. diss. … candidate of legal sciences. Chelyabinsk, 2010. 21 p.
6. Kalyagina L. V., Razumov P. V. Category “data”: concept, essence, approaches to analysis // Bulletin of KrasSAU. 2014. No. 4. Pp. 3-8.
7. Kryukov V. V. Origin of numbers and figures // Scientific statements. 2023. No. 16 (40). Pp. 28-31.
8. Kryukov V. V. Sum of axiology: monograph. Novosibirsk: Publishing house of NSTU, 2018. 207 p.: ill., 10 color ill. (Series “Monographs of NSTU”).
9. Kuznetsov Yu. I. Natural Science and Mathematics. Novosibirsk: Lada Publishing House, 2002. 255 p.
10. Kushnirenko S. P. Digital Information as an Independent Object of Forensic Research // Bulletin of Criminalistics. 2006. Issue 2 (18). Pp. 43-47.
11. Menninger K. Numbers, Symbols, Words / Translated from English by E.V. Lomanova. Moscow: ZAO Tsentrpoligraf, 2021. 543 p.
12. Meshcheryakov V. A., Trukhachev V. V. Formation of Evidence Based on Electronic Digital Information // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. 2012. No. 2. P. 108-110.
13. Explanatory Dictionary of the Living Great Russian Language: In 4 Volumes / Dahl V. I. M .: RIPOL classic, 2006. Volume 1. A-Z. 752 p.
14. Fatyanov A. A. On the definition of “computer information” in Russian criminal legislation // Information law. 2017. No. 3 (53). P. 11-16.
15. Fatyanov A. A. Legal support for information security in the Russian Federation: a tutorial. M .: Jurist, 2001. 412 p.
16. Chernikova N. V. Numbers and figures // Science and Life. 2010. No. 4. pp. 95-96.
17. Westera W. The Digital Turn. How the Internet Transforms Our Existence. Author House, 2013. 174 p.
CRIMINAL PROCEDURE
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of the problems of employment of convicts and economic problems of the functioning of the penitentiary system of the Center for the Study of Problems of management and organization of the execution of sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
APPLICATION OF INTELLIGENT CHATBOTS IN THE PROCESSES OF PROFESSIONAL TRAINING OF EMPLOYEES OF THE PENAL AND CORRECTIONAL SYSTEM OF THE RUSSIAN FEDERATION
Professional training of employees of the Penal System of the Russian Federation is an important area of activity to ensure the security of the state. In the conditions of rapid development of technologies, expansion of ways of implementation of criminogenic threats there is a need to develop innovative educational approaches, serving the prompt response to the challenges of modernity, including through the development of professional competencies of employees. The paper considers the urgent task of improving the efficiency of professional education of employees of the Federal Penitentiary Service of Russia through the introduction of artificial intelligence technologies, including chatbots with artificial intelligence, into the educational process. The main attention is paid to the consideration of practical aspects of the application of the above information systems, pedagogical principles of application of artificial intelligence systems in the educational process of departmental higher education institutions, analysis of advantages and disadvantages of the application of artificial intelligence systems, as well as assessment of the potential positive effect of their application in the professional training of Penal System of Russia employees.
Keywords: professional education, artificial intelligence, dialog assistant, chatbot, continuing education, digital competencies, Penal System of the Russian Federation.
Article bibliographic list
1. Avksentyeva E. Yu., Khoroshavin A. A. Augmented reality technology and prospects for the joint use of augmented reality and gamification techniques // Modern education: traditions and innovations. – 2018. – No. 3. – P. 47-51.
2. Churakov D. Yu., Tsarkova E. G. Promising directions of information technologies in the penal system of the Russian Federation // Actual problems of the activities of the penal system units: Collection of materials of the All-Russian scientific and practical conference. In 2 parts, Voronezh, May 23, 2019. Part 1. – Voronezh: Publishing and printing center “Scientific book”, 2019. – P. 238-253.
3. Churakov D. Yu, Tsarkova E. G., Belyaev A. K., Eremin I. M. Study of biometric personality recognition technologies in closed-circuit television systems and the possibility of their application in institutions of the penal system of the Russian Federation // Current issues of informatization of the Federal Penitentiary Service at the present stage of development of the penal system: collection of materials of the round table, Tver, April 21, 2020. – Tveрь: FKU NIIIT FSIN of Russia, 2020. – P. 148-162.
4. Smirnova A. M. Chatbots in the service of the penal system // Information technologies in the penal system. – 2023. – No. 3. – P. 35-42.
CRIMINAL-EXECUTIVE 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 University of the FPS of Russia
BAKHANAEV Askhab Andievich
cadet of the Pskov branch of the University of the FPS of Russia
ON THE PROBLEM OF MONITORING THE ACTIVITIES OF CRIMINAL E NFORCEMENT INSPECTIONS
The article considers control as a managerial function. The authors consistently substantiate the importance of control for improving the effectiveness of the activities of penal enforcement inspections, analyze the current state of penal enforcement inspections, the level of repeat criminality of convicts who are registered with them. The main provisions of the article are based on the research conducted by the authors. The authors analyze the specifics of monitoring the activities of criminal enforcement inspections.
Keywords: penal enforcement inspections, a convicted person who is registered with penal enforcement inspections; control over the activities of penal enforcement inspections.
Article bibliography
1. Yuzhanin V. E., Grigoryan I. G. On the concept of assistance from government agencies and the public in the work of criminal-executive inspections // Man: crime and punishment. – 2019. – Vol. 27. No. 1.
CRIMINALISTICS
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty of the East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty of the Institute of Social Sciences of the Irkutsk State University
SHAMURZAEV Taalaibek Tursunovich
Ph.D. in Law, professor, Head of Criminal process and criminalistics sub-faculty of the Faculty of Law of the B. N. Yeltsin Kyrgyz Russian Slavic University
“EVIDENCE OF BEHAVIOR” IN THE CONTEXT OF RETROSPECTIVE ANALYSIS
This article examines historical issues related to evidence of behavior. The characteristic of the behavioral reactions of the suspects is given. The involuntary actions of people who commit guilty forms of behavior are indicated. Separate varieties of medieval judicial magic in Western Europe are named. The fundamental differences between the similar mental states of the guilty and those not involved in the crime are given.
Keywords: exposing criminals, evidence of behavior, ordeals, solving crimes.
Article bibliography
1. Belkin R. S. Forensic Encyclopedia. – M., 1997. – P. 236.
2. Ardashev R. G., Kitaev N. N. Post-criminal suicide of murderers as evidence of behavior // Scientific notes of the Tavrichesky National University named after V. I. Vernadsky. Series: Legal sciences. – 2011. – Vol. 24 (63). – No. 2. – P. 232-236.
3. Kovalev A. I. The Role of Behavioral Evidence in Planning Murder Investigations // Features of Investigating Individual Types and Groups of Crimes. – Sverdlovsk, 1980. – P. 72-74.
4. Gustov G. A. An Integrated Approach to Solving Murder. – Arkhangelsk, 1989. – P. 38-41.
5. Shamurzaev T. T., Kitaev N. N., Kitaeva V. N. Forensic Science and Spiritualism. On the Penetration of Pseudoscience into Jurisprudence // Law and Right. – 2019. – No. 3. – P. 115-117.
6. Shamurzaev T. T., Ardashev R. G. Timeliness of solving serial murders as an indicator of the professionalism of law enforcement agencies // Law and Order. – 2021. – No. 9. – P. 158-160.
7. Shamurzaev T. T., Ardashev R. G. Activities of law enforcement agencies to search for missing persons and corpses of victims. – Bishkek, 2022. – 160 p.
8. Zvecharovsky I. E. Post-criminal behavior: concept, responsibility, incentives. – Irkutsk, 1993. – P. 17.
9. Ponomarenko Yu. V. Application of the method of forensic retrospection in the investigation of crimes: Abstract. dis. … Cand. of Law. – Minsk, 2003. – P. 13.
10. Strizhov A. I. About magic herbs, signs and some superstitions. – M., 1968. – P. 5.
11. Green L. The last secrets of old Africa. – M. 1966. – P. 35.
12. Varlamov V. A. Lie detector. – M., 2004. – P. 6-8.
13. Levenstiy A. Superstition and criminal law. – St. Petersburg, 1897. – P. 62-63, 64.
14. Schneikert G. The secret of the criminal and the ways to its disclosure (to the doctrine of judicial evidence). – M., 1925. – P. 8-9.
15. Medical occultism. Paramedicine. Ed. by O. Prokop. – M., 1971. – P. 104.
16. Lisichenko A.K., Zelenkovsky A.S. On the concept of negative circumstances and the mechanism of their occurrence // Forensic science and forensic examination. Issue 39. – Kiev, 1989. – P. 7.
FRIENDLY STUDY
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
PROBLEMATIC ISSUES OF DETECTING AND IDENTIFYING HANDPRINTS ON VARIOUS SURFACES AT THE FIRE SITE
The article analyzes certain issues related to methods of obtaining evidentiary information during investigations in cases. Improving the detection and investigation of crimes depends on the introduction of new methods for studying physical evidence.
Investigation of the fire site and identification of traces of combustion should not exclude the detection of fingerprints hidden under a layer of soot on the remains of glass and metal objects suitable for identification. In this article, special attention is paid to the consideration of problematic issues when detecting fingerprints hidden under a layer of soot on the surface of non-porous materials.
Keywords: fire, fingerprints, fingerprint examination, trace detection, scene of the incident.
Article bibliography
1. Tumanov A. A., Shakhverdi N. M., Sidorenko A. N., Sergeev P. G. Detection of fingerprints on objects made of heat-resistant materials after exposure to high temperatures // Expert practice. Moscow: Forensic Science Center of the Ministry of Internal Affairs of Russia, 1978. No. 12.
2. Chetvergov M. A. On the integration of modern technologies in detecting fingerprints at the scene of a fire // Bulletin of Economic Security. 2022. No. 1. pp. 210-214. [Electronic resource]. – Access mode: https://doi.org/10.24412/2414-3995-2022-1-210-214. (date of access: 12.04.2024).
3. Zernov S. I. Tasks of fire-technical expertise and methods for their solution: a tutorial. M.: GU ECC of the Ministry of Internal Affairs of Russia, 2001.
CRIMINALISTICS
AKHMETGALEEV Vadim Ralifovich
Deputy Head of the Department – Head of the Investigative group of the Department of the MIA of Russia for the Mishkin district, major of justice
CRIM INALISTIC ASPECTS OF THE APPLICATION OF PREVENTIVE MEASURES IN THE CONTEXT OF COUNTERING THE PROCESS OF INVESTIGATING CRIMES
The article reveals the tactical possibilities of preventive measures in identifying illegal counteraction to the legitimate activities of an investigator or inquirer. The article shows the subject composition of persons who, along with the person under investigation, may illegally oppose the preliminary investigation process. Based on the analysis of the most typical investigative situations indicating signs of implemented or planned counteraction to the preliminary investigation, the importance of preventive measures in identifying subjects of illegal counteraction to the investigation process and the direction of their negative actions is revealed. Based on the negative orientation of persons providing illegal opposition to the investigation process, certain preventive measures are proposed for use and their ability to prevent, suppress and neutralize the actions of the person under investigation and those assisting him is shown.
Keywords: preventive measures, counteraction to the investigation, tactics of application, detection of obstruction, suppression of illegal actions, neutralization of negative consequences.
Bibliographical list
1 . Davletov A. A. The problem of the status of a criminally prosecuted person at the stage of initiating a criminal case // Russian Legal Journal. – 2015. – No. 4. – P. 61-67.
2. Pavlyukov V. V. Practical methods of obtaining and using the results of the operational-search measure “obtaining computer information” // Bulletin of KSU. – 2020. – No. 3. – P. 199-203.
3. Tishutina I. V. Overcoming counteraction to the investigation of organized criminal activity (organizational, legal and tactical foundations): dis. … Doctor of Law. – M., 2013. – 488 p.
4. Tishutina I. V. Counteraction to the investigation of organized criminal activity: theory and practice of detection and overcoming. – M., 2012. – 346 p.
5. Shevchenko V. M. Psychological and legal characteristics of criminal counteraction to the investigation of group crimes // International Journal of Psychology and Pedagogy in Service Activities. – 2016. – No. 3-3. – P. 67-87.
CRIMINALISTICS
VLEZKO Dmitriy Alexandrovich
employee of Criminology sub-faculty of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
CHERMIT Shikham Askerovich
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
DZYUBENKO Anastasiya Alexandrovna
student of the I. T. Trubilin Kuban State Agrarian University, Krasnodar
ABOUT MODERN TYPES OF COUNTERACTION TO INVESTIGATION
Within the framework of this article, the issues related to the implementation of counteraction to the investigation, which most often represents illegal activity, are considered. The main characteristics of this activity are highlighted, as well as its most common modern types are analyzed. Many scientific papers have been devoted to the study of counteraction to the investigation. In this regard, to date, researchers have come to an almost unanimous opinion that countering an investigation is intentional actions, or a set of such actions that are committed by persons interested in this in order to avoid their exposure, or to mitigate punishment for a crime committed. There are such types of counteraction as external and internal. The internal is carried out by the participants in the criminal process, and the external is carried out by persons who are connected with the investigator or inquirer by working relations, as well as persons on whom the subjects of the investigation are in a dependent position.
Keywords: counteraction to the investigation, technical counteraction, digital traces, subjects of counteraction, concealment of traces, interest.
Article bibliography
1. Badzgaradze T. A., Bachieva A. V., Boziev T. O. Forms and methods of overcoming resistance to the detection and investigation of crimes in the sphere of economic activity // Journal of legal and economic research. – 2021. – No. 2. – P. 58.
2. Vlezko D. A. On methods of overcoming counteraction to investigation // Modern problems of domestic forensics and prospects for its development: Collection of scientific articles based on the materials of the All-Russian scientific and practical conference ( with international participation), dedicated to the 20th anniversary of the Department of Forensic Science / Ed. G. M. Meretukov. – Krasnodar: Kuban State Agrarian University named after I. T. Trubilin, 2019. – P. 232-238.
3 . Vlezko D. A., Salykina D. A. On the issue of criminal liability for crimes related to extremist activity // Polythematic network electronic scientific journal of the Kuban State Agrarian University. – 2017. – No. 132. – P. 104-116.
4. Kosynkin A. A. Some aspects of overcoming resistance to the investigation of crimes in the field of computer information at the stage of preliminary investigation // Russian investigator. – 2022. – No. 2. – P. 2-4.
5. Kosynkin A. A. Overcoming counteraction to the investigation of crimes in the field of computer information: monograph / Ed. by Dr. of Law N. A. Podolny. – M .: Yurlitinform, 2023. – P. 12.
6. Popov V. P. Private forensic theories in the system of forensic support for the investigation of evidence falsification // Expert-criminalist. – 2020. – No. 1. – P. 33-35.
7. Rodina M. E. Main directions of counteracting extremism / / Russian investigator. – 2016. – No. 15. – P. 7-11.
CRIMINALISTICS
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
APPOINTMENT AND CONDUCT OF AN EXPLOSION TECHNICAL EXAMINATION WHEN SOLVING CRIMES RELATED TO THE USE OF EXPLOSIVES AND EXPLOSIVE DEVICES
The article analyzes issues related to the investigation of incidents related to explosions, the appointment and conduct of an explosive examination. When organizing and planning the investigation of criminal explosions, it is necessary to take into account their features due not only to the increased danger arising from the threat of a second explosion, but also to conditions that largely determine the possibility of detecting traces and meet the requirements of informativity. Within the framework of this article, special attention is paid to the consideration of explosive examination within the framework of the modern classification of forensic examinations. In addition, the system of objects of forensic explosive examination is being considered.
Keywords: explosion, explosive, explosive device, detection of traces of an explosion, place of accident, object of examination, explosive examination.
Article bibliographic listk
1. Dolgushina L.V. Forensic features of the initial investigative actions related to the inspection of the explosion sitea // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 398-399.
2. Biryukov V. V. Forensic weapons science. – Lugansk: SPD Reznikov V.S., 2013. – 256 p. – ISBN 978-617-509-301-6.
3. Kabakova E. S., Dolgushina L. V. Detection of traces of an explosion at the scene // Eurasian Law Journal. – 2024. – No. 1 (188). – P. 383-385.
4. Kotkin P. N. Tactics of emergency actions at the scene of an explosion associated with the use of an explosive device // Forensic expert. – 2006. – No. 2. – P. 10-16.
5. Antonov V. P., Belozerova I. I., Bertovsky L. V., Borinskaya S. A. Forensic Science: Textbook for Bachelors / Ed. L. V. Bertovsky; Russian Peoples’ Friendship University. – Moscow: Prospect, 2018. – 961 p.
6. Shkhagapsoev Z. L., Gauzhaeva V. A. Tasks of Preliminary Investigation of Explosion Traces at the Crime Scene // Business in Law. Economic and Legal Journal. – 2014. – No. 2. – P. 283-285.
CRIMINOLOGY
MALAEV Azret Khusenovich
lecturer of Law enforcement organization sub-faculty of the North Caucasus Institute of Advanced Training (branch) of the Krasnodar University of the MIA of Russia, captain of police
FEATURES OF THE DETECTION OF JUVENILE DELINQUENCY
The article examines the social determinants of juvenile delinquency, which are one of the important problems of modern Russian society. The author characterizes the features of juvenile delinquency, which subsequently cause them to be the source of their deviant behavior. The criminological characteristics of juvenile delinquency are considered. The author suggests his own ways of effective preventive work in the fight against juvenile delinquency.
Keywords: adolescents, crime, socio-economic problems, prevention, deviant behavior.
Article bibliography
1. Tokareva E. V. Criminological aspect of juvenile delinquency and promising directions of the fight against juvenile delinquency // Science diary. – 2022. – No. 10.
2. Shamkin L. I., Bobylev A. A., Ozerov I. N. General and individual measures to prevent juvenile delinquency // Global scientific potential. – 2023. – No. 5. – P. 129-131.
3. Kashintseva N. A. Problems of juvenile delinquency, group nature of juvenile delinquency// Bulletin of the State Educational Institution of Additional Professional Education of the Tyumen Region “IPC and PPRO Tula”. Tula educational space. – 2021. – No. 1. – P. 110-112.
4. Shikhaleva S. D., Kravchenko O. O. Juvenile delinquency as a problem of modern society // Youth. Science. Innovations. – 2023. – V. 2. – P. 69-74.
5. Vasilyeva A. N., Portnyagina A. Yu. Prevention of juvenile delinquency// Problems of modern pedagogical education. – 2021. – No. 71. – P. 62-65.
6. Gerasimova E. V., Zhukova A. P. Determinants of juvenile delinquency as a problem of modern society // Criminal procedural protection of the rights and legitimate interests of minors. – 2023. – No. 1. – P. 46-49.
7. Animokov I. K. Individual preventive work with minors as a means of preventing juvenile delinquency // Gaps in Russian legislation. – 2020. – Vol. 13. No. 4. – P. 351-354.
8. Dyshina A. I. Problems of preventing juvenile delinquency and ways to solve it // Postgraduate student. – 2021. – No. 4. – pp. 81-84.
CRIMINOLOGY
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Criminal law department sub-faculty of the North-West Branch of the Russian State University of Justice, St. Petersburg)
CRIMES UNDER ARTICLE 157 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION: CRIMINAL LAW AND CRIMINOLOGICAL PROBLEMS
The article examines the issues of criminal law regulation of malicious evasion of payment of funds for the maintenance of children or disabled parents. The author pays attention to the criminological aspect of the problem under study, it is noted that the analyzed assaults remain the most common and detectable among the crimes provided for in Chapter 20 of the Criminal Code of the Russian Federation. Despite the apparent evidence of what has been done, there is a significant latency of encroachments due to the desire of parents to resolve everything “amicably”, the presence of “gray” salaries and a number of other reasons. Legislative and law enforcement problems have been identified that do not allow to adequately counteract these criminal encroachments, and ways to solve them have been proposed.
Keywords: malice, evasion, children, parents, tendencies.
Bibliographic list
1. Makeeva I. S., Kharlamova A. A. Non-payment of funds for the maintenance of children or disabled parents // Law ness. – 2021. – No. 10. – P. 40-45.
2. Prozumentov L. M. Criminal-legal protection and responsibility of minors in the Russian Federation. – Tomsk: Publishing house of Tomsk State University, 2017. – 308 p.
CRIMINOLOGY
RASTOROPOV Sergey Vladimirovich
Ph.D. in Law, professor, professor of Criminal law disciplines sub-faculty of the A. G. and N. G. Stoletov Vladimir State University, Head of the Department of Criminal Law, Process and Criminalistics of the Faculty of Law of the NRU “Higher School of Economics”
FEATURES OF SCIENTIFIC AND METHODOLOGICAL SUPPORT FOR THE TRAINING OF HIGHLY QUALIFIED PERSONNEL TO COMBAT C YBERCRIMES IN THE FIELD OF DIGITAL ECONOMY AND FINANCE
The article states the increase in the number of crimes in the Russian Federation committed using modern computer technology and information technology.
In this regard, the main task of the higher education system at the present stage is the training of highly qualified modern legal personnel capable of countering modern cybercrime at all levels – from lawmaking to law enforcement, as well as the creation of a multi-stage system for its prevention.
Hierarchically structured systems of legal algorithms formed within the framework of the developed models and methods to combat modern cybercrimes are focused on the prompt detection, timely disclosure and proper investigation of cybercrimes in the field of digital economy and finance.
Keywords: digitalization, digital transformation, artificial intelligence, cybercrimes, investigation of cybercrimes, personnel training, additional professional education.
Article bibliography
1. Bertovsky L. V., Kurbatova S. M. High-tech law as an element of the mechanism of Russian statehood // Bulletin of the Khakass State University named after N. F. Katanov. – 2023.
– No. 3 (45). – P. 110-111.
2. Eliseev V. S., Velento I. I. Theory of economic law: the theory of branches of law that ensure economic relations. – M.: “Prospect”, 2019.
– 416 p.
3. Rozhkova M. A. Categories “digital law”, “digital rights” and “digital currency” in Russian law // Law of the digital economy – 2021 (17): Yearbook-anthology. – M.: OOO “Izdatelstvo” STATUT “, 2021. – P. 10-68.
4. Saveliev D. A. Information law and e-state. Introductory course: Tutorial. – SPb.: ITMO University, 2012. – 71 p.
CRIMINOLOGY
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty of the Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
ON THE ISSUE OF FATAL POISONING WITH PROHIBITED SUBSTANCES THROUGH THE PRISM OF MODERN NATIONAL SECURITY CHALLENGES
The article analyzes the level of poisoning with prohibited substances, including fatal ones, based on data from the annual monitoring of the drug situation in the Russian Federation. By analysis comparative with the results of sociological surveys on the study of public opinion on the drug situation, correlations have been established on the intensification of criminal activities for the distribution of drugs among the male part of the population aged 30 to 50 years, as well as on the increase in the number of fatal poisoning with prohibited substances among this category of the population, which in modern conditions should be considered as a challenge to Russia’s national security.
Keywords: drug situation, anesthesia, drug addiction, monitoring of drug addiction, poisoning with narcotic and psychoactive substances, mortality, national security, anti-drug prevention.
Bibliographic list
1. The number of drug poisonings has increased in Siberia. [Electronic resource]. – Access mode: https://rg.ru/2024/03/27/reg-sibfo/v-sibiri-vyroslo-kolichestvo-otravlenij-narkotikami.html (date of access: 15.05.2024).
2. Murashko reported an increase in the number of poisonings with narcotic substances in Russia. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/16549447 (date of access: 15.05.2024).
3. Drug addiction: monitoring. [Electronic resource]. – Access mode: https://wciom.ru/analytical-reviews/analiticheskii-obzor/narkoticheskaja-zavisimost-monitoring (date of access: 15.05.2024).
4. Kharitonova N. CSTO and the problem of hybrid wars. [Electronic resource]. – Access mode: https://e-cis.info/news/566/116300/ (date of access: 15.05.2024).
5. Stupina S. A. Drug use in modern conditions: Individual causes and preventive measures // Epoch of science. – 2024. – No. 37. – P. 124-130.
6. Report on the drug situation in the Krasnoyarsk Territory in 2023:Approved at the meeting of the Anti-Drug Commission of Krasnoyarsk Krai on 20.03.2024. [Electronic resource]. – Access mode: http://www.krskstate.ru/safety/ank/info (date of access: 15.05.2024).
7. Report on the drug situation in the Russian Federation in 2022: approved on July 5, 2023 at the meeting of the State Anti-Drug Committee. [Electronic resource]. – Access mode: https://гак.мвд.рф/мониторинг-наркоситуация/выгревки-из-докладов-о-наркоситуация (date of access: 15.05.2024).
8. Predicted challenges and threats to national security of the Russian Federation and directions for their neutralization / Under the general editorship of A. S. Korzhevsky. – M.: RSUH Publishing House, 2021 – 562 pp.
JUDICIAL PROCEEDING
LIFINTSEV Vladislav Nikolaevich
Arbitration Court of the city of Moscow, assistant judge
RUSSIAN AND FOREIGN EXPERIENCE INTRO DUCING MODERN TECHNOLOGIES INTO THE JUDICIAL SYSTEM OF THE XXI CENTURY
The article is dedicated to the topic of the introduction of modern technologies into the judicial system in the first decades of the XXI century. The main global trends have been studied, the foreign experience of using modern technologies in the consideration of cases in courts has been analyzed. The characteristic features of information technologies used in judicial activity are highlighted. Special attention is paid to the problem of the use of artificial intelligence in the administration of justice. As a result of the study of foreign experience, the most suitable ways of introducing information technologies for the Russian judicial system have been identified, which would be useful to adopt for use in the courts of our country.
Keywords: information technology, digitization, video conferencing, voice protocols, electronic justice, electronic court proceedings, predictive justice, artificial intelligence.
Article bibliography
1. Burdina E. V. Digitalization of judicial activity: directions, forecasts and risks // Court administrator. 2020. No. 2. P. 10-14.
2. Darda A. V. The impact of modern information technologies on the administration of justice // Legal science. 2020. No. 10. P. 60-64.
3. Dragilev E. V., Drovalevoy L. S., Palamarchuk S. A. Informatization of the judicial system of China // Legal science. 2022. No. 8. P. 54-59.
4. Zhurkina O. V., Maksimenko E. I. Digital justice on the example of Internet courts of China // Issues of Russian and International Law. 2020. Vol. 10. No. 6. P. 138-143.
5. Kachalova O. V. European standards for the use of information technology in legal proceedings in the context of modern challenges and threats // The rule of law: theory and practice. 2022. No. 1 (67). P. 101-115.
6. Kupchina E. V. Application of Artificial Intelligence Technology in the US Civil Procedure System // Legal Concept. 2021. No. 4. P. 63-71.
7. Luzhina A. N. Digital Justice Reform: France and Russia // Social and Humanitarian Sciences. 2022. No. 3. P. 110-118.
LEGAL PROCEEDINGS
SNEGUR Alexander Anatoljevich
Ph.D. in Law, Chairman of the Arbitration Court of the Kherson region, Genichesk
STEPANENKO Roman Alexeevich
Ph.D. in Law, Deputy Chairman of the Arbitration Court of the Kherson region, Genichesk
FORMATION OF AN ECONOMIC JUSTICE SYSTEM IN THE TERRITORY OF KHERSON REGION
In 2022, a number of new entities became part of the Russian Federation, one of which was the Kherson region. Today, the process of creating a Russian justice system is taking place in this territory. Note that the spread of Russian justice at the moment occurs only in part of the territories of the Kherson region, which is primarily due to the ongoing military operations and the occupation of certain areas of the Kherson region. This article is devoted to the formation of the economic justice system in the Kherson region. The article examines the main problems of forming an economic justice system, and also suggests ways to solve them. In conclusion, it is concluded that the judicial system of the Kherson region is being formed and smoothly enters into the legal system of the Russian Federation, taking into account the current Russian legislation. Despite the fact that this subject relatively recently became part of the Russian Federation, the legal field in it has already been quite strengthened and stabilized, including thanks to the prompt, competent and educational work of the Arbitration Court of the Kherson Region.
Keywords: justice, legislation, Kherson region, legal system, judicial system.
Article bibliographic list
1. Bogatyrev E. V. Economic justice: genesis, evolution and prospects // Konstitunational and municipal law. – 2010. – No. 10. – P. 6-10.
2. Zakharov A. V., Akimov N. A. Economic justice in the mechanism of implementation of the economic function of the state // Law and state: theory and practice. – 2019. – No. 5 (173). – P. 37-40.
3. Kleandrov M. I. Economic justice in Russia: past, present, future. – Moscow: Voltere Kluwer, 2006. – 600 p.
4. Komsomolskaya Pravda Kherson. – [Electronic resource]. – Access mode: https://www.herson.kp.ru/daily/27525/4790211/
5. Nazarov I. D. Economic justice as an instrument for regulating economic relations in Russia // Modern science-intensive technologies. Regional supplement. – 2015. – No. 2 (42). – P. 74-77.
6. Entrepreneurial law of the Russian Federation / Ed. E. P. Gubin, P. G. Lakhno. – M.: Yurist, 2003. – 1001 p.
JUDICIAL PROCEEDINGS
LIFINTSEV Vladislav Nikolaevich
Arbitration Court of the city of Moscow, assistant judge
THE STATE AND PROSPECTS OF REDUCING THE BURD EN ON JUDGES
This article examines the state of the judicial burden on judges of courts of general jurisdiction and arbitration courts of the Russian Federation. An analysis of the proposed ways to reduce the judicial burden is carried out, their positive and negative aspects are considered. The most effective ways to reduce the workload on judges are given. A simplified form of legal proceedings is considered, which is aimed at the effective and efficient protection of rights and interests. This practice helps to significantly reduce the judicial workload. Pre-trial dispute resolution with the participation of a mediator is an excellent way to reduce the number of claims filed and, accordingly, to reduce the workload on judges. Taking into account these promising areas, it is necessary to make appropriate changes to procedural legislation and other legal acts.
Keywords: judicial burden, judicial system, mediation, order proceedings, simplified proceedings, e-justice, quasi-courts.
Article bibliography
1. Bocharov T. Yu., Volkov V. V., Voskobitova L. A., Dmitrieva A. V., Smola A. A. Proposals for improving the judicial system in the Russian Federation and changes in regulations for the purpose of their implementation. Moscow, 2018. 116 p.
2. Kachalova O. V. Methods for optimizing the judicial workload: keeping up with the times // Judge. 2020. No. 12 (120). P. 26-30.
3. Kartashova A. G., Pirozhkova I. G. Quasi-judicial institutions in the legal space: definition and approaches to definition // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2019. No. 3 (83). P. 49-54.
4. Makarova-Zemlyanskaya A. A. Optimization and legislative definition of the norms of the judicial workload of judges // Legal sciences: problems and prospects: materials of the IX Int. scientific conf. Kazan, 2020. P. 23-29.
5. Posulikhina N. S., Kozyreva A. B. Alternative dispute resolution methods as a measure to reduce the burden on the courts: a comparative legal study // Lex Russia. 2021. No. 9. P. 144-153.
LAW ENFORCEMENT AUTHORITIES
VITYUTNEV Evgeniy Evgenjevich
Head of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
>ZINNATOV Roland Rifatovich
senior lecturer of Physical training sub-faculty of the Ufa Law Institute of the MIA of Russia
BLUDOVA Inna Nikolaevna
associate professor of Physical training sub-faculty of the Omsk Academy of the MIA of Russia
COMBAT FIGHTING TECHNIQUES: BUILDING COMBINATIONS AND TACTICS OF THEIR APPLICATION IN THE PRACTICAL ACTIVITIES OF FUTURE EMPLOYEES OF SECURITY UNITS OF PERSONS SUBJECT TO STATE PROTECTION
The article reveals the importance of special physical qualities that are developed by studying various combat techniques of fighting both individually by employees of state protection, and in interaction with other employees of the Department of Internal Affairs of the Russian Federation, as well as by mastering and practicing shooting skills from service weapons. We must not forget that strength, motor coordination, speed qualities and abilities also guarantee not only the skillful performance of tasks assigned to an employee of the Department of Internal Affairs of the Russian Federation, but also his personal safety.
An important factor is the consideration of anthropological data during the use of force. In the practical sphere, as a rule, rivals are not the same in weight category, height, gender and physical fitness. It is not uncommon for cases to arise that a criminal is physically more developed than a law enforcement officer. In this regard, an increase in the infliction of harm to health of varying severity to employees of the Department of Internal Affairs is explained.
Keywords: professional training, physical training, physical qualities, combat fighting techniques, physical qualities, state protection, hand-to-hand combat.
Article bibliography
1. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodical and practical foundations of physical training and education of students of educational organizations of the Ministry of Internal Affairs of Russia: Textbook. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p. – ISBN 978-5-7247-1179-1. – EDN GBDLJV.
2. Ivanov A. I., Mavropulo O. S., Tashchiyan A. A. [et al.]. Study of the nature of attacks on police officers in the line of duty as a basis for modernizing the physical training of cadets and students in educational organizations of the Ministry of Internal Affairs of Russia // Scientific Notes of P. F. Lesgaft University. – 2023. – No. 4 (218). – P. 130-134. – DOI 10.34835/issn.2308-1961.2023.04.p130-135. – EDN EQRRUF.
3. Babin A. V., Mingulov I. R. Features of the formation of strength abilities in police officers of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, Orel, June 23, 2022. – Orel: Oryol Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 30-33. – EDN OKKFHP.
4. Khorolsky V. V., Nadtoka S. V., Koloyagyo P. V., Babin A. V. Activities of police officers during special administrative-legal regimes // Review of pedagogical research. – 2023. – Vol. 5. No. 2. – Pp. 33-36. – EDN DYKLKB.
5. On the police: Federal Law of February 7, 2011 No. 3-FZ // Reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: http://www.consultant.ru (date of access: 03/10/2024). – Text: electronic.
LAW ENFORCEMENT BODIES
Gotskaya N. R.
THE ESSENCE OF DOCUMENTING CRIMINAL ACTIVITY BY OPERATIONAL UNITS OF INTERNAL AFFAIRS BODIES
The crimes disclosure is primarily the active activity of operational units to identify and record the fact of the commission of a specific crime, implemented in both obvious and non-obvious conditions. In turn, the disclosure of crimes by criminal investigation units is reflected (both documentary and functional) in the process of documenting the criminal activities of specific individuals. It is within the framework of documentation by employees of operational divisions of internal affairs bodies that a set of operational search measures of various structure and content is implemented in order to identify and disclose specific types of crimes.
Keywords: documentation of criminal activity, disclosure of crimes, implementation of documentation of criminal actions, stages of documentation, operational investigative measures.
Article bibliography
1. Astishina T. V. Features of the fight against organized criminal groups encroaching on public morality // Bulletin of the Institute of Criminal Procedure of the Ministry of Internal Affairs of Russia. – 2014. – No. 2. – P. 34-37.
2. Vozgrin I. A. Scientific foundations of forensic methods of crime investigation: course of lectures. – St. Petersburg, 1993. – 79 p.
3. Gannochka V. V., Zakalyapin D. V., Meshcherin A. I. Fundamentals of operational-search activity: a textbook for university students studying in the specialty 030501 “Jurisprudence”. – Pyatigorsk: OOO “RIA na KMV”, 2009. – P. 124.
LAW ENFORCEMENT AGENCIES
EGOSHIN Igor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Head of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
KOPYLOV Ivan Alexeevich
lecturer of Fire training sub-faculty of the East Siberian Law Institute of the MIA of Russia, Irkutsk
KUZMIN Sergey Sergeevich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
THE DEVELOPMENT OF PSYCHOLOGICAL STABILITY OF STUDENTS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN FIRE TRAINING CLASSES AND PROSPECTS FOR THE USE OF PSYCHOLOGICAL TECHNIQUES TO OVERCOME STRESS IN PRACTICE
Topical issues of overcoming stressful situations that arise when firing firearms through the use of various psychological techniques, as well as consideration of the causes of their occurrence. Formation of psychological resistance of cadets and police officers to sudden stressful situations related to the use of firearms, which have the prospect of overcoming stress in practice. The author suggests ways to overcome stress and develop the skills of calm response to stressful situations with firearms.
Keywords: fire training, cadet, psychological stability, firearms.
Article bibliography
1. Arkhipov S. N. Fire training in the system of professional training of employees of internal affairs bodies: problems and solutions // Bulletin of the Tyumen Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (6). – P. 171-173.
2. Konychev A. A., Merkulova Yu. N., Chebaev A. A. Psychological training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia in fire training // The Age of Science. – 2019. – No. 19. – P. 36-38.
3. Melnik E. A., Shults D. V. Stressful situations faced by cadets during shooting during fire training classes // Young scientist. – 2022. – No. 48 (443). – P. 536-538.
4. Semenov V. V., Medvedev I. V. Preparation of cadets of higher educational institutions of the Ministry of Internal Affairs of Russia for stressful situations during fire training classes // Actual problems of combating crimes and other offenses. – 2016. – No. 16-2. – pp. 191-194.
LAW ENFORCEMENT BODIES
LITVINA Liliya Mikhaylovna
senior lecturer of Criminal process sub-faculty of the Kazan Law Institute of the MIA of Russia
GALYAUTDINOV Rafisovich< br /> lecturer of Tactical, special and fire training sub-faculty of the Kazan Law Institute of the MIA of Russia
ON THE ISSUE OF ENSURING PUBLIC ORDER AND PUBLIC SAFETY DURING PUBLIC EVENTS
This article discusses issues related to ensuring public order and public safety by internal affairs bodies during public and mass events. The problematic issues of bringing persons to administrative responsibility under Art. 20.2 of the Code of Administrative Offenses of the Russian Federation and criminal liability under Art. 212.1. Criminal Code of the Russian Federation. Based on an analysis of offenses committed in this area, the authors provide promising directions in the issue of ensuring law and order during public events.
Keywords: internal affairs bodies, public order, public safety public events, mass events, uncoordinated actions, crime, administrative offense.
Article bibliography
1. Lozovsky D. N. On the issue of the activities of law enforcement agencies to ensure security during mass sports events of international level (foreign practice) // Current issues of combating crimes and other offenses. – 2013. – No. 13-2. – P. 24-25.
2. Kvasha A. A., Kapranova Yu. V., Sokolov V. A. Administrative liability. – Rostov-on-Don: Rostov Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 12-19.
3. Kustova N. K. Actual issues of ensuring law and order during public events // Actual issues of improving tactical-special, fire and professional-applied physical training in the modern context of practical training of employees of internal affairs bodies: Materials of the international scientific and practical conference, St. Petersburg, May 25-27, 2023. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 200-202.
LAW ENFORCEMENT BODIES
PAVLOV Daniil Viktorovich
lecturer of Professional training sub-faculty of the Ufa Institute of the MIA of Russia
YUZVAK Sergey Anatoljevich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SHALAMOVA Anna Yurjevna
lecturer of Criminal law and criminology sub-faculty of the Rostov Law Institute of the MIA of Russia, lieutenant colonel of police
BAYKALOV Vladislav Alexandrovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
THE ESSENCE AND FEATURES OF PROFESSIONAL TRAINING OF FUTURE EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN MODERN CONDITIONS
The authors analyze the essence and features of the professional training of future police officers in the context of modern conditions and challenges. The authors explore the current requirements for personnel in law enforcement agencies and identify the main aspects that determine the effectiveness of training specialists to work in law enforcement agencies. This article examines the main problems of vocational training faced by both teachers and students. The authors conclude that the professional training of future employees of the Ministry of Internal Affairs of Russia in modern conditions is a complex and multifaceted process that requires constant updating and adaptation.
Keywords: professional training, police officer, vocational training, competence development, skills formation.
Article bibliography
1. Aripshev A. M. Some issues of professional training of police officers // Gaps in Russian legislation. – 2017. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-professionalnoy-podgotovki-sotrudnikov-politsii (date of access: 02.05.2024).
2. Gubchenko E. S. The essence and features of professional training of future employees of the Ministry of Internal Affairs of Russia in the context of the modern socio-cultural situation // Problems of modern pedagogical education. – 2022. – No. 77-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/suschnost-i-osobennosti-professionalnoy-podgotovki-buduschih-sotrudnikov-mvd-rossii-v-usloviyah-sovremennoy-sotsiokulturnoy (date of access: 02.05.2024).
3. Medvedev I. V. On the effectiveness of professional training of employees of the internal affairs bodies of the Russian Federation // Problems of modern pedagogical education. – 2018. – No. 60-4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-effektivnosti-professionalnogo-obucheniya-sotrudnikov-organov-vnutrennih-del-rossiyskoy-federatsii (date of access: 02.05.2024).
4. Seleznev V. I. General professional initial training of police officers hired for the first time // Police activity. – 2019. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obscheprofessionalnaya-nachalnaya-podgotovka-sotrudnikov-politsii-vpervye-prinyatyh-na-sluzhbu (date of access: 02.05.2024).
5. Seleznev V. I., Kasatkina N. V. Professional training of a police officer in modern conditions // Professional education in Russia and abroad. – 2017. – No. 1 (25). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnoe-obuchenie-sotrudnika-politsii-v-sovremennyh-usloviyah (date of access: 05/02/2024).
LAW ENFORCEMENT AUTHORITIES
TONYSHEV Alexander Vladimirovich
Ph.D. in Law, associate professor of Personnel management and educational work sub-faculty of the Educational and Scientific Complex for Researching Problems of Personnel Work and Moral and Psychological Support of the Activity of Internal Affairs Bodies of the St. Petersburg University of the MIA of Russia
UDODOV Alexander Grigorievich
Ph.D. in Law, associate professor of Legal regulation of entrepreneurial and applied jurisprudence sub-faculty of the Moscow Financial and Industrial University “Synergy”
FEATURES OF EDUCATION OF THE CULTURE OF INTERETHNIC COMMUNICATION IN THE BODIES OF INTERNAL AFFAIRS
The content of the proposed article separately considers the directions of interethnic communication within the professional teams of the Ministry of Internal Affairs and the relationship of employees with citizens. The factors that trigger destructive tendencies in the interaction of these subjects are also noted and recommendations for their minimization are given. As the main means of formation of the culture of interethnic communication in the conclusions are indicated legal prohibitions and regulations, familiarization of employees with the rules directing the communication of subjects of such communication to the goals of professional nature and introduction of the case method in the educational activity.
Keywords: education, interethnic communication, people, police, national identity, ethno-cultural competence.
Article bibliography
1. Cheremisova I. V. Formation of the culture of interethnic communication of cadets as a component of professional training in accordance with aesthetic criteria // Pedagogical activity as a creative process: Materials of the All-Russian scientific and practical conference (with international participation), Grozny, October 29, 2022. – Makhachkala: Limited Liability Company “ALEF Publishing House”, 2022. – P. 598-605. – EDN QYSFRB.
2. Skvortsova E. V. Ethnocultural competence of police officers // Psychopedagogy in law enforcement agencies. – 2016. – No. 3 (66). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/etnokulturnaya-kompetentnost-sotrudnikov-politsii (date of access: 05/21/2024).
3. Udovov G. A. Tolerance in the relationship between students and teachers // Language. Culture. Communication: Materials of the All-Russian scientific and practical conference, St. Petersburg, November 29, 2022. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 99-103. – EDN KWLANC.
4. Udovov G. A., DemidovA. V. Respect for the individual in the educational process // Moral and psychological support for the activities of internal affairs bodies: modern approaches and development prospects: materials of the All-Russian scientific and practical conference, St. Petersburg, December 14, 2022 / St. Petersburg University of the Ministry of Internal Affairs of Russia. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 274-277. – EDN FIMQYK.
SECURITY AND LAW
ARAMISOV Amir Aslanovich
Ph.D. in pedagogical sciences, lecturer of Internal affairs activities in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
SPECIFICS OF PREVENTING EXTREMISM IN HIGHER EDUCATIONAL INSTITUTIONS
The article discusses the features of organizing preventive work to counter extremism in higher educational institutions. Higher educational institutions are mainly concentrated among young people, and higher educational institutions have the ability to implement large-scale measures to counter extremism. Creating the necessary pedagogical conditions for students to realize their creative and scientific potential is a necessary direction for the implementation of effective preventive work. However, in higher educational institutions of the Russian Federation, the implementation of programs for the prevention of extremism is not effective, since it is not systemic in nature, but is represented by individual events. At the same time, higher education institutions have the necessary pedagogical and psychological resources and mechanisms of influence. It is necessary to develop a conceptual model for the prevention of extremism in higher educational institutions, which will include psychological, social and pedagogical components. The use of the model and the possibility of changing it will improve the efficiency of preventive work at the university. It is important to take into account that solving problems of countering extremism is not exclusively the task of educational institutions; the implementation of preventive measures is possible only with the involvement of government authorities at various levels.
Keywords: extremism, ideology, prevention, educational institution, students, counteraction, youth environment, law enforcement agencies, conflicts,
Article bibliographic list
• Archakov M.K. Political extremism: essence, manifestations, countermeasures: monograph / Under scientific. ed. Yu. A. Ermakova. – Moscow: Yurait Publishing House, 2020. – 295 p.
• Akhilgov A. M. Responsibility for extremist crimes // Young scientist. – 2020. – No. 40 (330). – P. 91-94.
• Veshkin S. V. Model for the prevention of ethnic extremism among students during their studies at a university // Modern problems of science and education. – 2020. – No. 6. – P. 1-6.
• Serdyuk N. V., Grishchenko L. L., Stolyarenko A. M. Psychological and pedagogical aspects of the prevention of extremism among young people // Psychology and law Psyandlaw.ru. – 2018. – T. 8. No. 3. – P. 167-178.
• Tkhazeplov T. M. Prevention of extremism and terrorism among youth // Law and Management. – 2022. – No. 5. – P. 67-69.
SAFETY AND LAW
BALABKIN Dmitriy Alexeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
ABROSIMOV Ilya Sergeevich
student of the Higher School of Law and Forensic Technical Expertise of the Humanitarian Institute of Peter the Great St. Petersburg Polytechnic University
GOGOLEVA Valentina Vladimirovna
associate professor of the Higher School of Law and Forensic-Technical Expertise of Peter the Great the St. Petersburg Polytechnic University
THE CONCEPT OF TERRORISM AND ITS THEORETICAL FOUNDATIONS
The article discusses the theoretical aspects of the concept of terrorism, its nature and key points in the history of this concept. The article also provides an analysis of the definitions of researchers of this phenomenon, synthesizes a general definition based on the work done, and characterizes the object and subject of terrorism. The authors conclude that the concept of terrorism is difficult to define unambiguously, since it has many different manifestations and forms. However, the main theoretical approaches to the study of terrorism are legal, sociological, political science and psychological. Each of these approaches allows us to more deeply understand the causes of terrorist acts, the mechanisms of their functioning and methods of prevention. Sstudying the theoretical foundations of terrorism allows us not only to combat this phenomenon, but also to prevent its occurrence in the future.
Keywords: concept of terrorism, definition of the concept of “terrorism”, problem of terrorism, characteristics of terrorism, terrorist act.
Article bibliography
1. Gorbunov Yu. S. On the definition of the concepts of “Terrorism” and “Terrorism” // Journal of Russian Law. – 2010. – No. 2 (158). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ob-opredelenii-ponyatiy-terror-i-terrorizm (date of access: 03/16/2024).
2. Dvoretsky I. Ch. Latin-Russian dictionary. – M., 1976 @@ Latin-Russian Lexicon / Comp. I. Kronberg. 1st ed. – Part 2. – M., 1824. – P. 1009-1011.
3. Deryugina Yu. N. Terrorism: criminal-legal and criminological aspects: dis. … candidate of legal sciences. – M., 2001. – P. 47.
4. Nikitin A. V. Terrorism as a form of deviant behavior (criminological aspect): dis. … candidate of legal sciences. – St. Petersburg, 2003. – P. 35.
5. Fundamentals of counteracting terrorism: textbook for students of higher educational institutions / [Ya. D. Vishnyakov, G. A. Bondarenko, S. G. Vasin, E. V. Gratsiansky]; edited by Ya. D. Vishnyakov. – M.: Publishing Center “Academy”, 2006. – 240 p.
6. Yakovlev A. Yu. And again about terrorism: another attempt to find its definition // Social and humanitarian knowledge. – 2012. – No. 4. – P. 130.
SECURITY AND LAW
KORSIKOVA Natalya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Aerospace instrumentation sub-faculty of the St. Petersburg State University
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 University of the FPS of Russia
TERRORISM AND EXTREMISM: SOCIAL AND LEGAL FOUNDATIONS
The article is devoted to the social and criminological analysis of crimes of terrorist and extremist orientation, with the justification of the main directions of the implementation of criminological knowledge in the practical activities of law enforcement agencies. The article examines the criminological features of terrorism and extremism at the present stage of development of society. The following elements of criminological characteristics of terrorism and extremism are touched upon, such as: causes of crime of terrorist and extremist orientation; quantitative indicators of terrorism and extremism in the Russian Federation, as well as the structure of extremist activity and terrorism in Russia, taking into account the modern realities of society development.
Keywords: terrorism, extremist activity, national security, counteraction to terrorism, counteraction to extremism.
Article bibliographic list
1. Mits D.S. Anti-terrorist function of the state and general problems of modernization // Education and Law. 2020. No. 8. Pp. 13-19.
2. Ozhegov S.I. Dictionary of the Russian language. 10th ed., stereotype. Ed. by N. Yu. Shvedova. Moscow: Sov. Encyclopedia, 1973. 846 p.
3. Averyanov Yu. I. Political Science: Encyclopedia of Words. M.: Publishing house of Moscow Commercial University, 1993. 431 p.
4. Protasov D. S. History of the study and the problem of defining the concept of extremism of socio-political orientation // Education and science in modern realities: mater. Int. scientific-practical. conf. FSBEI HE “Chuvash State University named after I.N. Ulyanov”. Cheboksary, 2022. Pp. 8-10.
5. Sergun E. P. Extremism in Russian criminal law: author’s abstract. dis. … candidate of legal sciences: 12.00.08. Tambov, 2009. 24 pp.
SAFETY AND LAW
RUDIK Mikhail Viktorovich
Ph.D. of Law, associate professor, associate professor of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
FAKOV Azamat Mukhajidovich
associate professor of Activities of internal affairs bodies in special conditions sub-faculty of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the MIA of Russia
APPAZOV Said
Ph.D. of Law, associate professor, lecturer of Criminal process law sub-faculty of the Crimean branch of the Russian State University of Justice, Simferopol
MOTIVATION OF EXTREMIST ACTS: CONFORMITY OF FORM AND CONTENT
The article describes the problem of mixing scriptural texts into the motivational activities of extremist groups, which, by changing the content of religious tenets, justify violence and terror against their opponents. At the same timee time, a global threat has been growing in the world community, consisting of the use of individual religious movements in order to artificially create a relationship of intolerance, hostility and mental confrontation. At the same time, this technology is actively used by some countries to change not only geopolitical priorities, but also to physically eliminate heads of state by organizing coups d’etat. In this process, extremist sentiments artificially fueled by Western curators play a major role. The authors point out the need to exchange experience with other countries and international organizations that are not dependent on the United States and carry out foreign and domestic policies independently, clearly understanding the hidden threat posed by an incorrect understanding of the texts of religious scriptures.
Keywords: extremism, motives, sacred texts, religion, ideology, crime.
Bibliographic list
1 Why was Gaddafi overthrown? [Electronic resource]. – Access mode: https://tass.ru/mezhdunarodnaya-panorama/10939841. (date of access: 12.04.2024).
2. Ignatov A. N. Criminogenicity of technogenicity // Society and Law. – 2019. – No. 2. – P. 34-40.
3. Criminal Code of the Russian Federation” of 13.06.1996 No. 63-FZ (as amended on 06.04.2024). [Electronic resource]. – Access mode : https://www.consultant.ru/document/cons_doc_LAW_10699/ (date of access: 12.04.2024).
4. The Holy Quran. [Electronic resource]. – Access mode: https://quran-online. ru. (date accessed: 14.04.2024).
SECURITY AND LAW
SEMENOVA Kristina Andreevna
senior lecturer of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
KRAUZE Sergei Vladimirovich
senior lecturer of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
LARIONOV Vyacheslav Nikolaevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurievich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
COUNTERING TERRORISM: HISTORICAL, THEORETICAL AND LEGAL ANALYSIS
The article provides a historical, theoretical and legal analysis of the concept of countering terrorism. The features of the legal regulation of the fight against terrorism in Pre-Revolutionary Russia, the USSR and the Russian Federation have been studied. A conclusion is drawn about the relationship between modern Russian criminal counter-terrorism legislation and pre-revolutionary and Soviet legislation. However, a significant difference in the anti-terrorist legislation of the Russian Federation is the identification of public safety as the object of the crime, which is based on ensuring and protecting the rights and freedoms of man and citizen, the material and spiritual values of society. At the same time, pre-revolutionary and Soviet legislation consolidated the interests of the state and state power as objects of terrorist activity. Other features of modern Russian criminal counter-terrorism legislation are highlighted.
Keywords: counter-terrorism, criminal law of Pre-Revolutionary Russia, criminal law of the USSR, Criminal Code of the Russian Federation
Article bibliographic list
1. Cathedral Code of 1649, Legal base “Garant”. [Electronic resource]. – Access mode: https://constitution .garant.ru/history/act1600-1918/2001/ (date accessed: 18.04.2024).
2. Gugasari E. S. Responsibility for terrorist crimes under the criminal legislation of the Russian Empire of the 19th century // Bulletin of the Tomsk State University. Law. – 2013. – No. 3 (9). – P.9-13.
3. Mulukaev R. S. On the issue of historical experience in the fight against terrorism // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2019. – No. 4 (52). – P. 117-123.
4. Shalagin A.E., Grebenkin M.Yu. Counteraction to extremism and terrorism: history and modernity // Scientific notes of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3. – P. 4-12.
5. Code on criminal and correctional punishments of 1845 [Electronic resource]. – Access mode: http://xn--e1aaejmenocxq.xn--p1ai/node/13654, (date of access: 16.04.2024).
6. Gugasari E. S. Features of the qualification of terrorist crimes under the Criminal Code 1903 // Man: crime and punishment. – 2013. – No. 2. – P. 97-100.
7. Kolotkov M. B. Organizational and legal transformations in the fight againstterror in Russia in 1903-1904 // New Perspective. – 2019. – No. 2. – P. 91-102.
8. Makarov G. S. History of the development of Soviet criminal legislation on responsibility for terrorism // Young scientist. – 2015. – No. 11 (91) – P. 1078-1080.
9. Kapitonova E. A. History of the development of legal regulation of responsibility for terrorism in Russia in the pre-revolutionary and Soviet period // News of universities. Volga region. Social sciences. – 2016. – No. 4 (40). – pp. 17-28.
SAFETY AND LAW
GONCHAROV Aleksey Sergeevich
postgraduate student of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
KRAUZE Sergei Vladimirovich
senior lecturer of the Higher School of Law and Forensic Technical Expertise of the Peter the Great St. Petersburg Polytechnic University
LARIONOV Vyacheslav Nikolaevich
Ph.D. in Law, associate professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
KOSAREV Sergey Yurievich
Ph.D. in Law, professor of the Higher School of Jurisprudence and Forensic Engineering Investigation of the Peter the Great St. Petersburg Polytechnic University
HIGH VOLTAGE AND LOW LIABILITY: PROBLEMS OF CALCULATION OF THE PENALTY IN THE FRAMEWORK OF CONSUMER LITIGATION WITH POWER SUPPLY COMPANIES
This article analyzes the current legal issues that arise when determining the amount of the penalty under the Law on Consumer Rights Protection” through the prism of legal relations arising in connection with the supply of substandard electricity that caused damage. The main legal categories of consumer protection – “quality” and “safety” – are considered. The article analyzes judicial practice and various approaches to the calculation of the penalty under Article 22 of the Law on Consumer Rights Protection. The question is raised about the need to amend the current legislation in order to ensure compliance with the principle of fairness in determining the amount of the penalty in cases of damage caused by goods of inadequate quality.
Keywords: penalty; consumer rights; electricity; property damage.
Article bibliography
1. Law of the Russian Federation of 07.02.1992 No. 2300-1 “On the Protection of Consumer Rights” // “Rossiyskaya Gazeta”, No. 8, 16.01.1996.
2. Housing Code of the Russian Federation of 29.12.2004 No. 188-FZ (as amended on 01.03.2023) // Collection of Legislation of the Russian Federation. – 03.01.2005.
3. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 26.05.2015 No. 5-KG15-45 // SPS “ConsultantPlus”.
4. Determination of the Lesosibirsk City Court of the Krasnoyarsk Territory dated 07.12.2011 in case No. 11-123/2011 // SPS “ConsultantPlus”.
5. Determination of the St. Petersburg City Court dated 23.12.2021 No. 33-18806/2021 in case No. 2-6066/2020 // SPS “ConsultantPlus”.
6. Decision of the Sovetsky District Court of the city of Orsk dated 15.10.2015 in case No. 2-1778/2015 // SPS “ConsultantPlus”.
7. Decision of the Central District Court of Orenburg dated 23.05.2016 in case No. 2-188/2016 (2-6180/2015) // SPS “ConsultantPlus”.
8. Resolutions of the Government of the Russian Federation dated 04.05.2012 No. 442 “On the functioning of retail electricity markets, full and (or) partial restriction of the electricity consumption regime” // SPS “ConsultantPlus”.
9. Housing Code of the Russian Federation dated 29.12.2004 No. 188-FZ (as amended on 21.11.2022) // [Electronic resource]. – Access mode: http://pravo.gov.ru/proxy/ips/?docbody=&nd=102090645 (date of access 12/29/2022).
10. Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated 10/23/2018 No. 78-KG18-44 // SPS “ConsultantPlus”.
11. Determination of the First Cassation Court of General Jurisdiction dated 04/17/2020 No. 88-9047/2020 // SPS “ConsultantPlus”.
12. How much do Russians pay for housing and communal services // Tinkoff magazine: official website. [Electronic resource]. – Access mode: https://journal.tinkoff.ru/zakroy-vodu-stat/ (date of access 05.04.2023).
SECURITY AND LAW
ISANBAEVA Dina Azatovna
student of the Ufa State Petroleum Technical University
FEDOSOV Artyom Vasiljevich
Ph.D. in technical sciences, Head of Industrial safety and labor protection sub-faculty of the Ufa State Petroleum Technical University
MIKHEEVA Anastasiya Dmitrievna
student of the Ufa State Petroleum Technical University
SHVIND Darya Pavlovna
student of the Ufa State Petroleum Technical University
SULTANGAREVA Elina Idarovna
student of the Ufa State Petroleum Technical University
LEGISLATIVE ASPECTS OF DIGITALIZATION IN THE FIELD OF PRODUCTION SAFETY
This article examines the relevance of legislative aspects in the field of industrial safety in modern society in the context of digitalization and technological development. Particular attention is paid to technosphere safety as an integral part of industrial safety. The main directions of digitalization in the field of technosphere safety are described, such as monitoring and condition control, analysis and forecasting, risk management, training and advanced training, and information support. The main legislation, aspects of digitalization, including the use of artificial intelligence, robotization, unmanned vehicles and integrated industrial safety management, as well as four main trends in the field of industrial safety management are discussed.
Keywords: industrial safety, technosphere safety, digitalization, monitoring, control, risk management, legislation, artificial intelligence.
Article bibliography
1. Rudenko R. V., Panasenko M. I., Boronina Yu. S., Skovikova A. A. Digitalization of technosphere safety in Russia. – [Electronic resource]. – Access mode: https://scilead.ru/article/1521 -digitization-of-technical-safety-in-. – 2022. – No. 3. – 48 p.
2. Fedosov A. V., Tazhetdinova A. A., Ganiev A. M. Problems of labor protection legislation and ways to solve them // Eurasian Law Journal. – 2023. – No. 9. – P. 241-242.
3. Fedosov A. V., Bashirova D. V., Fedosova E. A., Zaripov I. I. Changes in legislative requirements for the procedure for providing employees with funds individual protection // Eurasian Law Journal. – 2023. – No. 11. – P. 442-443.
4. Fedosov A. V., Musin R. R., Panin S. S., Tumanova E. Yu. Experience in implementing cross-disciplinary training in labor protection // Network publication “Oil and Gas Business”. – 2024. – No. 2. – P. 95-100.
5. Fedosov A. V., Abdrakhmanov N. Kh., Guseva A. S., Akhmet’yanov R. R. Possibility of using the results of non-destructive testing for assessing professional risks in the occupational safety management system. Safety of man-made and natural systems. – 2022. – No. 1. – P. 4-8.
EDAGOGY AND LAW
VOSKOBOEV Alexander Ivanovich
Head of Tactical and special training sub-faculty of the Rostov Law Institute of the MIA of Russia, colonel of police
KHALILULLIN Fail Fargatovich
Ph.D. in psychological sciences, associate professor of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia, colonel of police
GORLOV Vitaliy Viktorovich
Deputy Head of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
SHARIPOVA Aliya Rashitovna
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
INNOVATIVE TECHNOLOGIES USED IN THE PROCESS OF TRAINING CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS
This article analyzes the importance of using innovative technologies in the training of cadets and students of the Ministry of Internal Affairs of Russia, at the same time, the authors consider innovative technologies used in the training of students in universities of the Ministry of Internal Affairs of Russia. The authors discuss various methods and approaches used to train future law enforcement officers, with an emphasis on the use of advanced technologies in the educational process. The article discusses such innovative learning tools as virtual reality, simulators and shooting simulators used in fire training classes and others that help to increase the effectiveness of training and prepare cadets for real-life situations that they may encounter in their professional activities. The authors also analyze the advantages and challenges associated with the introduction of these innovations, as well as offer recommendations for their effective use in the educational process in educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: innovative technologies, educational process, educational technologies, cadet training, innovative learning tools.
Article bibliography
1. Gvozdkov P. Yu ., Gilmutdinova N. I., Bondarenko D. M. Application of innovative technologies in the educational process for physical training of cadets (students) of universities of the Ministry of Internal Affairs of Russia // Scientific notes of Lesgaft University. – 2023. – No. 1 (215). [Electronic resource ]. – Access mode: https://cyberleninka.ru/article/n/primenenie-innovatsionnyh-tehnologiy-v-uchebnom-protsesse-po-fizicheskoy-podgotovke-kursantov-slushateley-vuzov-sistemy-mvd-rossii (date of access: 03.05.2024).
2. Makhmudova N. R., Mukhamadiev S. I. Innovative technologies in education // Issues of science and education. – 2019. – No. 11 (57). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/innovatsionnye-tehnologii-v-obrazovanii-6 (date of access: 04.05.2024).
3. Romanov M. S., Didyuk A. Ya., Trifonenko N. M., Solodyankin D. V. The impact of digitalization on the activities of the bodies of the Ministry of Internal Affairs of Russia // Legal science. – 2022. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vozdeystvie-tsifrovizatsii-na-deyatelnost-organov-mvd-rossii (date of access: 04.05.2024).
4. Russkova Yu. N. The nature and content of interactive learning technologies as a means of developing professional competencies among cadets of educational organizations of the Ministry of Internal Affairs of Russia // Proceedings of the XI International Student Scientific Conference “Student Scientific Forum”. [Electronic resource]. – Access mode: https://scienceforum.ru/2019/article/2018017605 (date accessed: 03.05.2024).
5. Tanaeva Z. R., Ivanova L. F. Interactive simulators and virtual trainers in the system of electronic training tools for future law enforcement officers // Bulletin of SUSU. Series: Law. – 2020. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interaktivnye-simulyatory-i-virtualnye-trenazhery-v-sisteme-elektronnyh-sredstv-obucheniya-buduschih-sotrudnikov-pravoohranitelnyh (date of access: 04.05.2024).
6. Torgersen A. S. Use of simulators in fire training in educational organizations of the Ministry of Internal Affairs of Russia // E-Scio. – 2020. – No. 10 (49). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ispolzovanie-trenazherov-v-ognevoy-podgotovke-v-obrazovatelnyh-organizatsiyah-mvd-rossii (date of access: 04.05.2024).
EDAGOGY AND LAW
DANIELYAN Armen Sergeevich
Ph.D. in Law, CEO of LLC “Legal Support Center “Veritas””, Krasnodar
REFLECTIONS ON THE USE OF ARTIFICIAL INTELLIGENCE IN TEACHING LAW STUDENTS
The article discusses the use of artificial intelligence (AI) in legal education. The benefits of AI, such as optimization of training and legal analytics, are noted, as well as the risks associated with data protection and potential job losses.
To adapt education to the challenges of AI, it is proposed to revise the curriculum and introduce mandatory advanced training courses for lawyers in the field of AI, and also emphasizes the need to develop interdisciplinary skills and address ethical issues when integrating AI into the legal field.
Keywords: legal education, artificial intelligence, law, legal activity, legal profession, digitalization, digital technologies
Article bibliography
1. Kochkin M. Creation of educational simulators with GPT / ChatGPT for a lawyer and teacher: transcript of materials from an open seminar from the series “How to teach lawyers” (Faculty of Law, National Research University Higher School of Economics, April 3, 2023). – M., 2023. – P. 24-29.
2. Lonskaya S. V. Practical teaching methods in the context of digital transformation: history of law in higher education: teaching aid. – M., 2024. – 219 p.
3. Malko A. V., Salomatin A. Yu. Legal education in a globalizing society // News of higher educational institutions. Jurisprudence. – 2017. – No. 5. – P. 16-31.
4. Sokolova A. A. Artificial intelligence in jurisprudence: risks of implementation // Legal technology. – 2019. – No. 13. – P. 350-356.
5. AI in Education Market Report, 2032 // Global Market Insights. – 2022. – 64 p.
6. Connell W., Hamlin M. Black Artificial Intelligence and Legal Education // The Computer & Internet Lawyer. – 2019. – Vol. 36. No. 5. – P. 15-17.
7. Fornasier M. de Oliveira Legal education in the 21st century and the artificial intelligence // Revista Opinião Jurídica. – 2021. – Vol. 19. No. 31. – P. 1-32
8. Gordon J.- S. General Introduction // Future Law, Ethics, and Smart Technologies / ed. by J.-S Gordon. – Netherlands: Brill, 2024. – P. 1-11.
9. Hu T., Lu H. Study on the Influence of Artificial Intelligence on Legal Profession // 5th International Conference on Economics, Management, Law and Education (EMLE 2019). – 2019. – P. 964-968.
10. Susskind R. Tomorrow’s Lawyers: An Introduction to Your Future. – Oxford, 2013. – 288 p.
11. Wang Z. J. Between Constancy and Change: Legal Practice and Legal Education in the Age of Technology) // Law in context. – 2019. – Vol. 36. Iss. 1. – P. 64-79.
EDAGOGY AND LAW
JAVADYAN Yuriy Rachikovich
lecturer of State and civil law disciplines sub-faculty of the Stavropol branch of the Krasnodar University of the MIA of Russia
THE DEVELOPMENT OF MORAL QUALITIES OF CADETS WHILE STUDYING AT THE EDUCATIONAL ORGANIZATION OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article examines the problems of developing the moral qualities of cadets when studying in an educational organization of the Ministry of Internal Affairs of Russia, examines the values and spiritual and moral guidelines on the basis of which the value and semantic sphere of employees of internal affairs bodies is formed, examines the most effective approaches to creating pedagogical conditions for the development of spiritual and moral guidelines for cadets of the Ministry of Internal Affairs of Russia in the study of disciplines.
Keywords: the educational process, the University of the Ministry of Internal Affairs of Russia, pedagogical conditions, value-semantic orientation, cadets of the educational organization of the Ministry of Internal Affairs of Russia, spiritual and moral guidelines.
Article bibliography
1. Bakanova A. A. Existential aspect of overcoming crisis situations in adolescence // Life safety is a profession of the 21st century: problems of formation and development prospects: collection . tr. All-Russian scientific-practical. Conf., St. Petersburg, November 19-20, 2002 – St. Petersburg, 2002. – P. 82-84.
2. Borytko N. M. Theory and practice of formation of professional position of teacher-educator in the system continuous education: author’s abstract. diss. … doctor of ped. sciences: 13.00.08. – Volgograd, 2001. – 39 p.
3. Derkach A. A. Acmeology: textbook. – M.: Publishing house ” RAGS, 2002. – 650 p.
4. Eroshenkov N. V. Professional and moral training of cadets in the educational environment of the higher education institution of the Ministry of Internal Affairs of Russia: author’s abstract. diss. … candidate of ped. sciences: 13.00.08. – Belgorod, 2014. – 26 p.
5. Lebedenko I. M. Educational environmentand educational institution of the Ministry of Internal Affairs of Russia: author’s abstract. dis. … candidate of ped. sciences: 13.00.08. – Moscow, 2011. – 24 p.
6. Leontiev A. N. Activity. Consciousness. Personality. – Moscow: Politizdat, 1975. – 304 p.
7. Ushinsky K. D. Problems of pedagogy. – Moscow: Publishing house “URAO”, 2002. – 542 p.
PEDAGOGY AND LAW
ZAYTSEVA Ekaterina Vasiljevna
Ph.D. in Law, associate professor, Deputy Head of Fire training sub-faculty of the Omsk Academy of the MIA of Russia
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
ARKHIPOV Evgeniy Vladimirovich
senior lecturer of Fire and technical training culty of the Barnaul Law Institute of the MIA of Russia
POSSIBILITIES, PROBLEMS AND TECHNOLOGIES OF TESTING ON EMPLOYMENT ON FIRE PREPARATION IN THE EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
The article features use of tests at carrying out of lessons on fire preparation at cadets and listeners of the educational organizations of the Ministry of Internal Affairs of Russia are considered. Conditions of effective application of tests in educational process depending on a grade level are defined. Problems of use of the test as principal view of control of theoretical knowledge are revealed. Possibilities and technologies of creation of the training test and system of adaptive testing with reference to discipline “fire preparation” are considered.
Keywords: fire preparation, testing, the test, the test task, the training test, adaptive testing, system of remote training, the educational organizations of the Ministry of Internal Affairs of Russia.
Article bibliographic list
1. Avanesov V. S. Composition of test tasks. – M., 2002. – 240 p.
2. Artyushkin O. V., Artyushkina T. A. Evolution of models of pedagogical testing of students in the system of higher professional education // Bulletin of Khakass State University named after N. F. Katanov. – 2013. – No. 3. – P. 119-123.
3. Tomashev M. V., Avdeev A. S., Krasnova M. V. Adaptive testing as a means of managing the quality of education // Computer Science and Education. – 2018. – No. 9. – P. 27-33.
4. Muzafin R. R., Nikiforov P. V. Types of educational and methodological support for special disciplines in distance learning // International Journal of Humanities and Natural Sciences. – 2023. – No. 9-1 (84). – P. 100-102. – DOI 10.24412/2500-1000-2023-9-1-100-102. – EDN BYZGNW.
5. Muzafin R. R., Nikiforov P. V., Ten N. A. Practice-oriented approach in fire training classes // Eurasian Law Journal. – 2021. – No. 3 (154). – P. 410-411. – EDN AKQAME.
6. Romanov A. A., Murtazin A. I. Application of the “Ahead of Reading” method in tactical training classes // Training of personnel for law enforcement agencies: modern trends and educational technologies: Proceedings of the XXV All-Russian Scientific and Methodological Conference, Irkutsk, February 27-28, 2020. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2020. – P. 155-156. – EDN JBQSBK.
PEDAGOGY AND LAW
ISAEV Rizvan Abdullaevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty of the Volgograd Academy of the MIA of Russia
VODOLATSKIY Konstantin Vladimirovich
senior lecturer of Tactical and special training sub-faculty of the Krasnodar University of the MIA of Russia
DAVYDOVA Snezhana Anatoljevna
lecturer of Tactical and special training -faculty of the Rostov Law Institute of the MIA of Russia
IMPROVING THE PRACTICAL SHOOTING SKILLS OF POLICE OFFICERS: THE US EXPERIENCE
The article summarizes the experience of teaching shooting skills to American police officers. Shooting instructor Michael Cavanaugh believes that sports shooting plays an important role in the development of shooting skills. He refutes myths associated with a biased attitude towards such training. S. Stoughton considers cases of illegal use of weapons as a result of instilling fear of a potential criminal. He believes that fire training is not only a training of the body, but also of the brain. At the end of the article, conclusions are drawn based on the materials of publications.
Keywords: firearms, police officers, fire training, shooting skills, training.
Bibliography
1. Active Shooter Training // UCLA. Police Department website. [Electronic resource]. – Access mode: https://police.ucla.edu/active-shooter-training (date of access: 19.04.2024).
2. Campbell B. PPC (Practical Police Course) Shooting // Cheaper than dirt site. [Electronic resource]. – Access mode: https://blog.cheaperthandirt.com/practical-police-course/ (date of publication: 19.03.2020).
3. Cavanaugh M. A. How action shooting sports can help law enforcement // Police1 site. [Electronic resource]. – Access mode: https://www.police1.com/police-products/firearms/training/articles/how-action-shooting-sports-can-help-law-enforcement-o75CdQA3HZPamvj5/ (date of publication: 02/09/2023).
4. Sensiba J. Police Need to Train for Longer Rifle Shots // Police Magazine site. [Electronic resource]. – Access mode: https://www.policemag.com/training/news/15662307/uvalde-police-need-to-train-for-longer-rifle-shots/ (date of publication: 01/18/2024).
5. Stoughton S. How Police Training Contributes to Avoidable Deaths / S. Stoughton // The Atlantic site. [Electronic resource]. – Access mode: https://www.theatlantic.com/national/archive/2014/12/police-gun-shooting-training-ferguson/383681/ (date of publication: 12.12.2014).
6. Kosikovsky A. R., Litvin D. V., Kupavtsev T. S. et al. Practice of using firearms by employees of the internal affairs bodies of the Russian Federation: a teaching aid. – Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2021. – 60 p.
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Ex ecution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”
SADYKOVA Regina Aidarovna
researcher of the Department for Improving Legal Regulation of the Penitentiary System of the Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service”, captain of the internal service
THE ESSENCE OF THE PSYCHOLOGICAL AND PEDAGOGICAL STUDY OF THE PERSONALITY OF JUVENILE CONVICTS
In this article, the author examines the importance and essence of the psychological and pedagogical study of the personality of juvenile convicts. The article describes the reason why this type of knowledge is important in the process of re-education of convicts, as well as the consequences of the lack of appropriate competencies among educators. In the end, the author came to conclusions about the essential characteristics and importance of the work of educators in the psychological and pedagogical study of their wards.
Keywords: penal enforcement system, educational colony, juvenile convict, education, correction, psychology, pedagogy.
Article bibliography
1. Vetra A. V. 1.5. Psychological characteristics of juvenile convicts and the main directions of their psychological and pedagogical support in places of deprivation of liberty // Deviant behavior of the individual and the group: Collective monograph / Responsible. editor A. Yu. Nagornova. -2021. – P. 52-61.
2. Efimenko A. A. The essence of psychological and pedagogical study of the personality of juvenile convicts // The penitentiary system of Russia in modern conditions of development of society: from the paradigm of punishment to correction and resocialization. – 2022. – P. 38-43.
3. Korosteleva N. A., Shatunova Ya. A., Rubtsov V. V. Psychological and pedagogical support of juvenile convicts prone to sociopathic behavior // Social and psychological problems of the modern family: psychological and pedagogical support and mentoring. – 2023. – P. 189-193.
4. Kirillova T. V. Psychological and pedagogical aspects of the organization of work to prevent recidivism of juvenile convicts // Actual problems of combating crimes and other offenses. – 2021. – No. 21-2. – pp. 91-93.
EDAGOGY AND LAW
KARIMOVA Sevara Salimovna
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch 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 Technical University, branch in Sterlitamak
FILIPPOV Nikita Nikolaevich
magister student of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
THE MAIN ASPECTS OF THE APPLICATION OF COMMUNICATION IN THE EDUCATIONAL PROCESS
It should be stressed that аn important aspect of pedagogical communication is the using of simple language, which allows students to easily understand the material and assimilate it. The prerequisites for the emergence of the discipline “intercultural communication” are analyzed and the need to develop communication skills for personal and professional growth is considered. The authors emphasized that the main aspects of the application of communication contribute to successful work and improve professional reputation. An important part of the article is the development of intercultural communication skills, the introduction of practical foreign language teaching. Successful intercultural communication is possible under the condition of specific intercultural communication which is developed in the process of communication between students and the teacher. Thus, the development of communication skills is considered, including the ability to listen, to ask questions, to adapt one’s speech to the audience, to respect and to understand the cultural characteristics of other peoples is a prerequisite for successful interaction in an international environment.
Keywords: learning, skills, communication, teacher, student, pupil, intercultural communication.
Article bibliography
1. Grushevitskaya T. G., Popkov V. D., Sadokhin A. P. Fundamentals of Intercultural Communication: Textbook for Universities // Ed. by A. P. Sadokhin. – M.: UNITY-DANA, 2003. < br /> 2. Dorofeeva M. Yu., Latypova E. R. The relevance of intercultural communications for modern society: collection of conference papers // Society, pedagogy, psychology: current research: materials of the All-Russian. scientific-practical. conf. with international participation (Cheboksary, 2021). – Cheboksary: ”Laru-tăru” (“Wednesday”) publishing house ħurě, 2021.
3. Kristofik I. S. Communication and understanding in educational environment: principles of learning // Education and the city: The third mission of the university. Resources for mutual development: Collection of articles based on the results of the Fifth and Sixth annual international symposia. 2022-2023 / Edited by S. N. Vachkova. – Moscow: Limited Liability Company “A-Prior”, 2023. – P. 158-175.
4. Latypova E. R., Rizvanova E. R. From the Basics of the Theory of Intercultural Communication // Experience of Creation and Implementation technological innovations in education: Collection of materials of the International scientific and practical conference, Cheboksary, October 27, 2017 / Editorial board: L. A. Abramova [et al.]. – Cheboksary: Limited Liability Company “Publishing House “Sreda”, 2017. – P. 124-127.
5. Latypova E. R. The essence of intercultural competence // Modern paradigms of linguistic research: methods and approaches: Collection of materials of the International scientific and practical conference, Sterlitamak, November 23-24, 2017 / Editor-in-chief N. V. Matveeva. – Sterlitamak: Sterlitamak branch of the Federal State Budgetary Educational Institution of Higher Education “Bashkir State University”, 2017. – P. 131-134.
6. Latypova E. R., Baibarodova E. V., Gimaletdinova A. A. Communications in professional legal activity // Alley of Science. – 2018. – Vol. 2. No. 3 (19). – P. 530-533.
7. Latypova E. R., Anikina E. N., Osipova A. S. Intercultural communications in professional training of a specialist // Issues of pedagogy. – 2019. – No. 4-2.
8. Latypova E. R., Makarov P. A., Khabibullina A. N. The importance of studying intercultural Communications in the modern world // Issues of pedagogy. – 2019. – No. 3.
9. Chernyshev Yu. V. Communication in the pedagogical process // Social science and social psychology. – 2023. – No. 7-4 (51). – pp. 2-6.
EDAGOGY AND LAW
MOLOKOVA Lada Vladimirovna
senior lecturer of Professorship of advertising and journalism sub-faculty of the Institute of Economics, Management and Law of the Irkutsk National Research Technical University
ASPECTS OF FORMING SOFT SKILLS IN THE PROCESS OF STUDYING THE DISCIPLINE “BASICS OF BUSINESS COMMUNICATION” IN A TECHNICAL UNIVERSITY
The article discusses the importance of soft skills for technical specialists in the modern world, which requires high adaptability and mobility for successful employment and career development. The author analyzes the impact of soft skills on the professional value of specialists, especially focusing on communication skills and effective interaction, which become critical in interpersonal communication and teamwork. Special attention is paid to the development of soft skills in the educational programs of technical universities, where the focus is traditionally on natural sciences and technologies.
Keywords: Soft skills, flexible skills , interpersonal interaction, business communications, universal competencies, professional value, careerprospects, personal development, technical universities, modern employee requirements.
Article bibliography
1. Tsymbalyuk A. E., Vinogradova V. O. Psychological content of soft skills // Yaroslavl Pedagogical Bulletin. – 2019. – No. 6 (111). – P. 120-127.
2. Stolyarova S. A., Logunova O. V., Kovchina N. V. Relevance of soft skills in the professional plan of future specialists in the social sphere // International Research Journal. – 2021. – No. 10 (112). – [Electronic resource]. – Access mode: https://research-journal.org/archive/10-112-2021-october/aktualnost-soft-skills-v-professionalnom-plane-budushhix-specialistov-socialnoj-sfery (date of access: 20.05.2024).
3. Glenn J. L. “New” model of customer service: customer advocate, company representative // Business Education Forum. – 2008. – No. 62 (4). – P. 7-13.
4. Hemby K. V., Krews M. E. Integrating university and college career services programs into the business communications curriculum // Journal of Applied Research in Business Education. – 2005. – No. III (1).
5. Fedorova O. V. Formation of hard skills, soft skills and digital skills in students of the Faculty of Information Technology of the University of Management “TISBI” // OTO. – 2018. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-hard-skills-soft-skills-i-digital-skills-u-studentov-fakulteta-informatsionnyh-tehnologiy-uvo-universitet-upravleniya-tisbi (date of access: 20.05.2024).
6. Feidl Ch., Bialik M., Trilling B. Four-dimensional education / Trans. P. Luksha. – M .: Skolkovo, 2016. – 212 pp.
7. Dorfman O. V., Chernova O. E. Development of communicative competence of students of technical universities as a strategy for teaching effective communication // Litera. – 2022. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-kommunikativnoy-kompetentsii-studentov-tehnicheskih-vuzov-kak-strategiya-obucheniya-effektivnoy-kommunikatsii (date of access: 05/22/2024).
8. Chanko A. D. Team building in modern organizations: an interdisciplinary synthesis of psychology and management // Bulletin of St. Petersburg University. Management. – 2007. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/komandoobrazovanie-v-sovremennyh-organizatsiyah-mezhdistsiplinarnyy-sintez-psihologii-i-menedzhmenta-1 (date of access: 05/23/2024).
9. Bogdan E. S. Development of soft skills as an important component in the formation of competencies of competitive graduates of engineering fields // Bulletin of Eurasian Science. – 2019. – No. 3. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-soft-skills-kak-vazhnyy-komponent-formirovaniya-kompetentsiy-konkurentosposobnyh-vypusknikov-inzhenernyh-napravleniy (date of access: 05/25/2024).
10. Markova A. A., Yurtaeva L. V. The importance of humanitarian disciplines in a technical university // Reshetnev readings. – 2018. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachimost-gumanitarnyh-distsiplin-v-tehnicheskom-vuze (date of access: 05/25/2024).
11. Khizhnaya A. V., Bystrova N. V., Sharygina E. N. Development of soft skills (“flexible skills”) for a successful career of university graduates // Problems of modern pedagogical education. – 2019. – No. 65-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-soft-skills-gibkih-navykov-dlya-uspeshnoy-kariery-vypusknikov-vuza (date of access: 05/25/2024).
12. Sorokopud Yu. V., Amchislavskaya E. Yu., Yaroslavtseva A. V. Soft skills and their role in the training of modern specialists // MNKO. – 2021. – No. 1 (86). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soft-skills-myagkie-navyki-i-ih-rol-v-podgotovke-sovremennyh-spetsialistov (date of access: 05/25/2024).
13. Volkova A. G. Training a 21st century specialist in “soft skills” // Scientific and practical aspects of the development of the agro-industrial complex: materials of the national scientific conference, Krasnoyarsk, November 12, 2021. Volume Part 2. – Krasnoyarsk: B. i., 2021. – P. 238-241.
14. Beskrovnaya O. V. Specifics of the culture of business communication within the framework of professions of the “Man – Man” type // Gaudeamus. – 2017. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-kultury-delovogo-obscheniya-v-ramkah-professiy-tipa-chelovek-chelovek (date of access: 05/25/2024).
15. Novgorodtseva I. V. Competence-based approach to the formation of communicative competence of students of technical specialties // Siberian pedagogical journal. – 2007. – No. 12. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kompetentnostnyy-podhod-k-formirovaniyu-kommunikativnoy-kompetentnosti-studentov-tehnicheskih-spetsialnostey (date of access: 05/25/2024).
PEDAGOGY AND LAW
NIKOLAEV NikolayYurjevich
senior lecturer of Fire training sub-faculty of the Ural Law Institute of the MIA of Russia, Yekaterinburg
KONSTANTINOV Vladimir Nikolaevich
Ph.D. in pedagogical sciences, associate professor of Fire training sub-faculty of the East Siberian Law Institute of the MIA of Russia, Irkutsk
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
THE EFFECTIVENESS OF BINOCULAR AIMING FOR POLICE OFFICERS, AS WELL AS THE METHOD OF ITS DEVELOPMENT
The article considers binocular aiming as the main method of aiming necessary for a police officer, both in the course of official activity and in the training process in fire training classes, as well as highlights the advantages of binocular aiming in relation to monocular . The authors have identified binocular spatial features and proposed an action plan to improve the skill of binoculars, aiming to increase professionalism in the performance of official duties, to ensure the personal safety of an employee of the internal affairs bodies.
Keywords: fire training, firearms, binocular vision, training, binocular and monocular aiming, development methods, visual system, viewing angle.
Article bibliography
1. Konstantinov V.N., Egoshin I.V., Sysoev A.A. Improving the skills of bringing weapons to combat readiness in fire training classes in educational organizations of the Ministry of Internal Affairs of Russia // Police activity. – 2020. – No. 2. – P. 1-16.
2. Afinogenov T. P., Nazarenko B. A., Kravtsov S. V. The influence of binocular and monocular vision, as well as visual acuity on the accuracy of hitting a target when shooting // Izvestiya TULSU. Physical Education. Sports.- 2019. – No. 10. – P. 1-7.
EDAGOGY AND LAW
STAROSTIN Vadim Gennadjevich
senior lecturer of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
KHRUSHCHEV Alexander Viktorovich
senior lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk, major of police
MUSTAKIMOV Ruslan Maratovich< br /> lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, major of police
TARANIN Mikhail Alexandrovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, major of police
FEATURES OF THE FORMATION OF PROFESSIONAL COMPETENCIES IN UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article analyzes the terms “professional competence”, “competence”, and presents the approaches of various authors to understanding the terms under consideration. The authors note that the formation of professional competencies should vary depending on the specific field of training and the profile of the student’s training. The forms and methods of conducting training sessions, as well as the conditions of the educational process, play an important role in the formation of professional competencies.
Keywords: competencies, competence approach , professional competence, skills formation, teaching methods.
Article bibliography
1. Dottuev T. I., Kodzokov A. Kh., Beshtoev R. O. Improving the professional competence of police officers (on the example of physical training teachers in educational organizations of the Ministry of Internal Affairs of Russia) // Journal of Applied Research. – 2021. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-professionalnoy-kompetentnosti-sotrudnikov-politsii-na-primere-prepodavateley-fizicheskoy-podgotovki-v (date of access: 06.05.2024).
2. Kalinin S. V. Development of technology for the formation of professional competencies of police officers of the Ministry of Internal Affairs of Russia // Modern problems of science and education. – 2015. – No. 5. [Electronic resource]. – Access mode: https://science-education.ru/ ru/article/view?id=22186 (date accessed: 06.05.2024).
3. Mardanov D. R. Professional competencies of future officers-employees of the Internal Affairs Directorate in the context of professional police activities // Bulletin of Economic Security. – 2017. – No. 2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnye-kompetentsii-buduschih-ofitserov-sotrudnikov-ovd-v-kontekste-professionalnoy-deyatelnosti-politsii ( access date: 06.05.2024).
4. Petrov K. N. Physical fitness as one of the professional competencies of a police officer // E-Scio. – 2020. – No. 9 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fizicheskaya-podgotovka-kak-odna-iz-professionalnyh-kompetentsiy-sotrudnika-politsii (date of access: 06.05.2024).
5. Sorvacheva I. D. Professional competencies and competence of a teacher // Problems of modern pedagogical education. – 2022. – No. 74-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/professionalnye-kompetentsii-i-kompetentnost-pedagoga (date of access: 06.05.2024).
6. Fain T. A. Research approach – technology of competence-based paradigm in additional professional education // Scientific support for the system of advanced training of personnel. – 2016. – No. 3 (28). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/issledovatelskiy-podhod-tehnologiya-kompetentnostnoy-paradigmy-v-dopolnitelnom-professionalnom-obrazovanii (date of access: 05/06/2024).
PEDAGOGY AND LAW
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, lieutenant colonel of police
SEMENOV Sergey Gennadjevich
Ph.D. in agricultural sciences, associate professor of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia, captain of police
STAROSTIN Vadim Gennadjevich
senior lecturer of Physical training sub-faculty of the Kazan Law Institute of the MIA of Russia
ZINCHENKO Nikolay Nikolaevich
lecturer of Tactical and special training sub-faculty of the Ro stov Law Institute of the MIA of Russia
FORMATION OF UNIVERSAL COMPETENCIES AMONG CADETS AND STUDENTS OF UNIVERSITIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article presents a classification of universal competencies, as well as some of them are considered in detail. In particular, the authors consider the role of developing goal-setting skills, planning and formation of communicative competence. The authors note the most optimal technologies and methods for the development of universal competencies and conclude that the development of universal competencies is important in the future profession of cadets and students of universities of the Ministry of Internal Affairs.
Keywords: goal setting, planning, universal competencies, future police officer, communication skills, competencies.
Article bibliography
1. Arzamasceva N. G., Konstantinova V. V., Arefieva S. A. Universal competencies of students: content and means of their development // Bulletin of the Mari State University. – 2023. – No. 2 (50). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/universalnye-kompetentsii-studentov-soderzhanie-i-sredstva-ih-razvitiya (date of access: 05/28/2024).
2. Zemlyachenko L. V., Taraskina O. I., Lyapina V. A. Specifics of the formation of universal competencies of goal-setting and planning in primary school students // Problems of modern pedagogical education. – 2022. – No. 77-1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/spetsifika-formirovaniya-u-mladshih-shkolnikov-universalnyh-kompetentnostey-tselepolaganiya-i-planirovaniya (date of access: 05/28/2024).
3. Kodzokov S. A. Development of the goal-setting competence of a cadet of the University of Internal Troops of the Ministry of Internal Affairs // Theory and practice of social development. – 2014. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-kompetentsii-tselepolaganiya-kursanta-vuza-vnutrennih-voysk-mvd (date of access: 05/28/2024).
4. Mikhanova O. P. Formation of universal competencies: from theory to practice // News of universities. Volga region. Humanities. – 2009. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/formirovanie-universalnyh-kompetentsiy-ot-teorii-k-praktike (date of access: 05/28/2024).
5. Pashentseva K. D., Anufrieva D. A. Communicative competence of police officers as a factor in their success in professional activities // Psychology and pedagogy of service activities. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnaya-kompetentnost-sotrudnikov-politsii-kak-faktor-ih-uspeshnosti-v-professionalnoy-deyatelnosti (date of access: 05/28/2024).
PSYCHOLOGY AND LAW
ALMUKHAMETOVA Gulfiya Gayazovna
Ph.D. in pedagogical sciences, associate professor of Pedagogy and psychology in the activities of police officers sub-faculty of the Ufa Law Institute of the MIA of Russia
YUSUPOVA Olga Anatoljevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Fire training sub-faculty of the Siberian Law Instituteof the MIA of Russia, Krasnoyarsk
GORLOV Vitaliy Viktorovich
Deputy Head of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
MERKAZOVA Valentina Anatoljevna
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
DEVELOPMENT OF PSYCHOLOGICAL STABILITY OF POLICE OFFICERS
This article examines the factors influencing the development of psychological stability of police officers, as well as analyzes existing methods and techniques for the development of psychological stability. The study identifies effective approaches to the development of psychological stability, including comprehensive and individual approaches. An integrated approach involves the use of various methods and tools, while an individual approach is based on taking into account the individual characteristics of each employee. The results of the study may be useful for the development and implementation of programs for the development of psychological stability in the police.
Keywords: psychological stability, stress resistance, police officer, development of qualities, emotional stability.
Article bibliography
1. Achabaeva L.Kh., Bogatyreva A.S., Dotdueva Zh.B., Bakhina L.A., Adzhigaitarova N.M. Psychological factors influencing personality stability // Scientific notes Lesgaft University. – 2020. – No. 11 (189). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/psihologicheskie-faktory-okazyvayuschie-vliyanie-na-ustoychivost-lichnosti (date of access: 20.05.2024).
2. Goncharova N. A., Ivanova A. M. Differential psychological analysis of the characteristics of psychological stability of employees of internal affairs bodies // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1 (93). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/differentsialno-psihologicheskiy-analiz-osobennostey-psihologicheskoy-ustoychivosti-sotrudnikov-organov-vnutrennih-del (date of access: 20.05.2024).
3. Zhiltsova Yu. V. On the issue of psychological stability of cadets // Scientific notes of Lesgaft University. – 2021. – No. 3 (193). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k- voprosu-psihologicheskoy-ustoychivosti-kursantov (date of access: 20.05.2024).
4. Karabash D. V. Improving the psychological stability of employees of internal affairs bodies // Problems of modern pedagogical education. – 2020. – No. 66-1.[Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/povyshenie-psihologicheskoy-ustoychivosti-sotrudnikov-organov-vnutrennih-del (date of access: 20.05.2024).
5. Faustova A. G., Afanasyeva A. E., Vinogradova I. S. Psychological stability and phenomenologically close categories // Personality in a changing world: health, adaptation, development. – 2021. – No. 1 (32). [Electronic resource].- Access mode: https://cyberleninka.ru/article/n/psihologicheskaya-ustoychivost-i-fenomenologicheski-blizkie-kategorii (date of access: 05.20.2024).
PSYCHOLOGY AND LAW
KOSOVSKIY Vladislav Borisovich
lecturer of Special disciplines sub-faculty of the Crimean branch of the Krasnodar University of the MIA of Russia, Simferopol, major of police
MALIKOV Shamil Emilevich
lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
KULAKOVA Anna Augustovna
Deputy Head of Tactical and special training sub-faculty of the Voronezh Institute of the MIA of Russia, colonel of police
KORTIKOV Alexey Valerjevich
lecturer of Fire training sub-faculty of the Siberian Law Institute of the MIA of Russia, Krasnoyarsk
PSYCHOLOGICAL BARRIERS IN COMMUNICATION BETWEEN POLICE OFFICERS AND CITIZENS
This article classifies the psychological barriers that arise in the process of communication between police officers and citizens. The authors analyze the main types of barriers, such as motivational, intellectual, volitional, emotional and others. The results of the study are of interest to specialists in the fields of psychology, criminology and law enforcement, as well as for those who are interested in improving the quality of interaction between law enforcement agencies and society.
Keywords: communication barrier, communication, police officer, psychological barrier, communication.
Article bibliography
1. Basharova O. G., Timokhina A. V. Methods of overcoming communication barriers in business communication // Humanitarian, socio-economic and societysciences. – 2022. – No. 7. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-preodoleniya-kommunikativnyh-barierov-v-delovom-obschenii (date of access: 05/14/2024).
2. Goncharova O. P. Causes of the emergence of socio-psychological barriers to communication // Forum of young scientists. – 2020. – No. 11 (51). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-vozniknoveniya-sotsialno-psihologicheskih-barierov-obscheniya (date of access: 14.05.2024).
3. Gordeeva E. V. Communication barriers and methods of overcoming them // Economy and society. – 2016. – No. 3 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bariery-obscheniya-i-priemy-ih-preodoleniya (date of access: 14.05.2024).
4. Mekhovnikova V. V. Communication barriers and methods of overcoming them // Economy and society. – 2016. – No. 3 (22). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/bariery-obscheniya-i-puti-ih-preodoleniya (date accessed: 14.05.2024).
5. Rodin V. F., Balashova V. A. Some problems of professional communication of a district police officer with citizens // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-problemy-professionalnogo-obscheniya-uchastkovogo-upolnomochennogo-politsii-s-grazhdanami (date accessed: 14.05.2024).
6. Usmanova E. F. Communication barriers in the activities of law enforcement officers // Humanitarian and political-legal studies. – 2021. – No. 4 (15). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kommunikativnye-bariery-v-deyatelnosti-sotrudnikov-pravoohranitelnyh-organov (date of access: 05/14/2024).
7. Khadikov R. Sh., Koblov F. Ch. On the role of interpersonal communication in establishing interaction between police officers and citizens // Scientific and methodological electronic journal “Concept”. – 2016. – Vol. 17. – P. 731-735. [Electronic resource]. – Access mode: http://e-koncept.ru/2016/46321.htm.
STATE AND LAW
PEREPECHKINA Elena Gennadjevna
Ph.D. in economical sciences, associate professor of the Russian State Social University
LOSENKOV Oleg Igorevich
Ph.D. in political science, associate professor of the Astrakhan State Technical University
REGIONAL SOCIAL POLICY: PROBLEMS OF FORMATION AND IMPLEMENTATION IN THE RUSSIAN FEDERATION
At the regional level, social policy consists of providing conditions for improving the well-being of the population living in a certain territory, reproducing social guarantees in terms of creating economic incentives for their participation in social production in the same territory. Therefore, measures implemented by regional authorities in the field of social policy should be aimed at solving specific problems social through economic instruments, which is more effective. According to the authors, through the introduction of social cards in the Astrakhan region, the provision of social assistance can be ensured according to such criteria as need and targeting. Budget savings will also have a positive effect. The result should be an increase in the standard of living of the population of the Astrakhan region simultaneously with the implementation of the principle of social justice.
Keywords: state program, social policy, targeting, efficiency.
Article bibliography
1. Brief collection Astrakhan region in figures 2021-2022 [Electronic resource]. – Access mode: https://30.rosstat.gov.ru/storage/mediabank/Краткий%20сборник%20Астрахская%20область%20в%20цифрах%202021-2022гг.pdf (date of access: 30.04.2024).
2. On the forecast of socio-economic development of the Astrakhan region for the medium term until 2025. Ministry of Economic Development of the Astrakhan Region. [Electronic resource]. – Access mode: https://minec.astrobl.ru/docs/document-16g6g-54e0a-6g3-4e4e.
3. Reports. Ministry of Economic Development of the Astrakhan Region [Electronic resource]. – Access mode: https://minec.astrobl.ru/documents/otcyoty (date of access: 04/30/2024).
4. Federal Law of 07/17/1999 N 178-FZ “On State Social Assistance” // SZ RF. – 1999. – N 29. – Art. 3699.
STATE AND LAW
FILIPPOVA Irina Anatoljevna
Ph.D. in sociological sciences, associate professor of Economics and organization of production sub-faculty of the Tyumen Industrial University
BOGDANOVA Yuliya Zufarovna
Ph.D. in philological sciences, associate professor of the Northern Trans-Ural State Agricultural University, Tyumen
LEGAL ASPECTS OF YOUTH PARTICIPATION IN THE WORK OF PUBLIC ASSOCIATIONS
The article discusses the legal aspects of the participation of Tyumen youth in the work of youth public associations. The results of studies conducted by researchers in some Russian regions are analyzed. It is shown that young people are practically not involved in the work of youth organizations. The most popular among young people are events related to the organization of mass social events, as well as the development of sports among young people and the promotion of a healthy lifestyle.
Keywords: values, youth rights, civil society, citizenship, patriotism, public policy, public associations, education system, upbringing.
Bibliographic list
1. Bedrik A. V., Shchukina E. L. State national policy and youth associations in the south of Russia // Caucasian Science Bridge. – 2021. – T. 4. No. 4 (14). – P. 10-16.
2. Bragina D. G., Noev A. I. Youth organizations and associations as institutions of civil society in Yakutia at the turn of the XX-XXI centuries // Theories and problems of political research. – 2022 . – V. 11. No. 2A. – P. 68-77.
3. Dragic O. A., Subbotin V. Ya., Ploskov A. L., Poltavskaya L. R. Professional and Applied Physical Training students of technical universities (study guide) // International Journal of Applied and Fundamental Research. – 2014. – No. 6. – P. 98-99.
4. Leonova O. V., Volkova A. E. State policy of the Russian Federation on the formation of citizenship and patriotism among young people: sociological and political analysis // Srednerusskiy Bulletin of Social Sciences. – 2021. – Vol. 16. No. 1. – P. 175-193.
5. Putin approved the foundations of state policy for the preservation of traditional values. [Electronic resource]. – Access mode: https://www.rbc.ru/politics/09/11/2022/636bbc199a79473f80a317a4 (date of access: 03.05.2024).
6. Sagiev T. A., Fokin A. M., Alyabyev A. N., Subbotin V. Ya. Relevance of strength abilities of biathletes in competitive activities // Bulletin of Tula State University. Physical Education. Sport. – 2020. – No. 10. – P. 156-162.
7. Subbotin V. Ya. On the issue of studying the attitude of students to regular physical education and sports / In the collection: Strategy for the development of sports and mass work with students. Materials of the All-Russian scientific and methodological conference. – 2015. – P. 130-133.
8. Decree of the President of the Russian Federation of 09.11.2022 No. 809 “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_430906/c595db4951fa2b3967c0a1bcc5e5bbf7332e9c38/ (date of access: 03.05.2024).
9. Dragic O. A., Klyushnikova E. A., Subbotin V. Ya., Ozhiganova M. V., Ryabova N. N., Ostrovskaya N. A., Markova N. V., Smirnova I. A., Poltavskaya L. R., Kazantsev S. Ya. Physiological principles of increasing performance and adaptation processes in a university setting: a tutorial. – Tyumen: TIU, 2018. – 182 pp.
POLITICS AND LAW
MIROKIYANTS Kseniya Sergeevna
student in the field of Advertising and Public Relations, training profile “Communications in Politics, business and social Design” of the Ufa State Petroleum Technical University
IZILYAEVA Lyudmila Olegovna
Ph.D. of political science, associate professor of Social and political communications sub-faculty of the Ufa State Petroleum Technical University
THE ROLE OF REGIONAL MEDIA IN THE POLITICAL AND COMMUNICATION SYSTEM OF THE REPUBLIC< br /> OF BASHKORTOSTAN (ON THE EXAMPLE OF THE STATE TV AND RADIO BROADCASTING COMPANY
“BASHKORTOSTAN”)
The article analyzes the tools of media influence on the consciousness, opinion and representations of residents of the Republic of Bashkortostan, as well as the role of the State Television and Radio Broadcasting Company “Bashkortostan” in the political and communication system of the region. It has been proven that such features of GTRK Bashkortostan’s activities as the transmission of relevant information, efficiency and feedback have a positive impact on the political and communication system of the Republic of Bashkortostan.
Keywords: mass media, regional mass media, political and communication system, Republic of Bashkortostan.
Article bibliography
1. Gareev E. S., Minakov P. A., Gaysina L. M., Valitova N. E. Theocratic interactions in communities: political and legal analysis // Economics and management: scientific and practical journal. – 2019.
– No. 2 (146). – P . 156-158.
2. GTRK “Bashkortostan”. [Electronic resource]. – Access mode: https://gtrk.tv/o-kompanii (date of access: 24.04.2024).
3. Izilyaeva L. O., Vasiliev Ya. K., Mirokiyants K. S., Yasavieva A. I. Opportunities and risks of using artificial intelligence in the sphere of political relations of the Russian Federation // Economy and management: scientific and practical journal. – 2024. – No. 1. – P. 136-139.
4. Kosareva K. I. Search for new forms of interaction with the media in government bodies // Socio-economic phenomena and processes. – 2019. -V. 14. No. 106. – P. 44-46
5. Ovchinsky A. S., Bondarenko A. V., Lukianov M. Yu. About information in the world of digital data // Eurasian Law Journal. – 2023. – No. 5. – pp. 14-16.
HUMAN RIGHTS
ALEXEEV Georgiy Valerjevich
Ph.D. in Law, associate professor of International maritime law sub-faculty of the St. Petersburg Maritime Technical University
DIGITAL SOVEREIGNTY AND PROTECTION OF HUMAN RIGHTS IN INTERNATIONAL CYBERSPACE
The concept of digital sovereignty in European law reflects a protective approach to the legal regime of the information space and is aimed at solving cybersecurity problems. The current paradigm of international cyberspace is based on human rights and technological leadership. Big data and deep machine learning produce artificial intelligence that is unable to take responsibility for its decisions. Decentralized models of automatic decision-making by robots significantly affect public control, with which the principle of sovereignty is normatively associated. Participant observation and narrative analysis of legal documents show that since creativity determines the quality of cyberspace, the implementation of digital sovereignty is built on the basis of mutual trust and cooperation. Widespread international recognition of digital rights and freedoms of citizens in cyberspace, on its way from the Internet to the Metaverse, is accompanied by the mechanization of law, which leads to increased digital control. Ensuring cybersecurity and combating cybercrime should not lead to situations in which robots are allowed by law to do more than humans. The judiciary in the process of its digital transformation bears the responsibility for maintaining such a balance between personal freedom and public control in which humanistic values and ideals prevail.
Keywords: information security, artificial intelligence, digital rights, Internet, Metaverse, robot, virtual reality, cybercrime.
Article bibliography
1. Avakyan S. A. On the role of constitutional law in the context of new tasks and conceptual solutions for the political future of Russia // Bulletin of Moscow University. Series 11: Law. – 2023. – No. 1. – P. 3-21. – EDN: KDJEEA DOI: 10.55959/MSU0130-0113-11-64-1-1.
2. Alekseev G. V. Expansion of areas of application of information technologies and information security of the state // Management consulting. – 2017. – No. 5 (101). – P. 8-19. – EDN: YRNAPF.
3. Arkhipov V. V., Naumov V. B. On some issues of theoretical foundations for the development of legislation on robotics: aspects of will and legal capacity // Law. – 2017. – No. 5. – P. 157-170. – EDN: YNUESF.
4. Danilenkov A. V. State sovereignty of the Russian Federation in the information and telecommunications network “Internet” // Lex Russica (Russian law). – 2017. – No. 7 (128). – P. 154-165. – EDN: ZGLADJ DOI: 10.17803/1729-5920.2017.128.7.154-165.
5. Zorkin V. D. Providentia or the Law of the Future in the Age of Digitalization // State and Law. – 2020. – No. 6. – P. 7-19. – EDN: RJFHSE DOI: 10.31857/S013207690009932-7.
6. Kartkhia A. A. Metauniverse and its Inhabitants // Intellectual Property Law. – 2023. – No. 1. – P. 16-20. – EDN: UVRAHW DOI: 10.18572/2072-4322-2023-1-16-20.
7. Neznamov A. V., Naumov V. B. Strategy for regulating robotics and cyber-physical systems // Law. – 2018. – No. 2. – P. 69-89. – EDN: TIGDET.
8. Nikodimov I. Yu. Information law and information society: general characteristics of the stages of formation and foundation, regulated public relations // Legal science: history and modernity. – 2016. – No. 2. – P. 88-95. – EDN: WHOWIV.
9. Talapina E. V. Human rights and digital sovereignty // State power and local self-government. – 2020. – No. 6. – P. 10-15. – EDN: RROVHB DOI: 10.18572/1813-1247-2020-6-10-15.
10. Talapina E. V. Law and digitalization: new challenges and prospects // Journal of Russian law. – 2018. – No. 2 (254). – P. 5-17. – EDN: YNJEIF DOI: 10.12737/art_2018_2_1.
11. Chistov R. S., Medvedev S. O. The position of the individual in the modern information society // Russian Humanitarian Journal. – 2023. – Vol. 12. No. 1. – P. 29-45. – EDN: MQJVVT DOI: 10.15643/libartrus-2023.1.3.
12. Shakhnazarov B. A. Territorial principle of intellectual property protection and the effect of state sovereignty in the digital space // Lex Russica (Russian Law). – 2018. – No. 12 (145). – pp. 132-144. – EDN: YRVHSP DOI: 10.17803/1729-5920.2018.145.12.132-144.
13. Danelyan A. A., Gulyaeva E. E. International Legal Aspects of Cybersecurity // Moscow Journal of International Law. – 2020. – No. 1. – P. 44-53. – EDN: GISRWK DOI: 10.24833/0869-0049-2020-1-44-53.
14. Dror-Shpoliansky D., Shany Y. It’s the End of the (Offline) World as We Know It: From Human Rights to Digital Human Rights – A Proposed Typology // European Journal of International Law. – 2021. – Vol. 32. Iss. 4. – R. 1249-1282. – [Electronic resource]. – Access mode: https://doi.org/10.1093/ejil/chab087.
15. Liman A., Weber K. Quantum Computing: Bridging the National Security–Digital Sovereignty Divide // European Journal of Risk Regulation. – 2023. – Vol. 14. Iss. 3. – R. 476-483. DOI:10.1017/err.2023.44.
16. March C., Schieferdecker I. Technological Sovereignty as Ability, Not Autarky // International Studies Review. – 2023. – Vol. 25. Iss. 2. – R. 1-16. – DOI: 10.1093/isr/viad012.
17. Pollicino O. Judicial Protection of Fundamental Rights on the Internet: A Road Towards Digital Constitutionalism? – Hart Publishing, Oxford, 2021. – DOI: 10.5040/9781509912728.
18. Roberts H., Hine E., Floridi L. Digital Sovereignty, Digital Expansionism, and the Prospects for Global AI Governance. – DOI: 10.1007/978-3-031-41566-1_4.
19. Tridimas T., Gentile G. The Essence of Rights: An Unreliable Boundary? // German Law Journal. – 2019. – Vol. 20. Iss. 6. – R. 794-816. – DOI:10.1017/glj.2019.63.
HUMAN RIGHTS
REVINA Svetlana Nikolaevna
Ph.D. in Law, professor, Head of public law sub-faculty of the Samara State University of Economics
GORBUNOVA Anastasiya Alexeevna
student of the Samara State University of Economics
DVORYANCHIKOV Vladislav Mikhaylovich
postgraduate student of the Samara State University of Economics
A NEW GENERATION OF HUMAN RIGHTS AND THEIR PROTECTION IN THE DIGITAL SPACE
The article examines a new generation of human rights and analyzes the nature of their occurrence, as well as the issue of their protection in a digital society. Special attention is paid to the description of various approaches to the study of digital rights: the most controversial issues and controversial aspects.
Keywords: digital rights, a new generation of human rights , digitalization, national security.
Article bibliography
1. Sungurov A. Yu. Generations of human rights: the main stages of development of the legal idea and legal institution // Institute of the Commissioner on human rights in the constituent entities of the Russian Federation: a textbook / Ed. by A. Yu. Sungurov. – St. Petersburg: Norma, 2023. – P. 151.
2. Lukasheva E. A. “Generations” of human rights / / Human Rights: textbook / Ed. E. A. Lukasheva. – 2nd ed., revised. – M.: Norma, 2019. – 560 p.
3. Abashidze A. Kh., Solntsev A. M. Somatic rights as a challenge // Human rights and challenges of the 21st century: textbook / Ed. A. . H. Abashidze. – M.: RUDN, 2016. – 336 p.
4. Salikov M. S., Nesmeyanova S. E., Mochalov A. N., Kolobaeva N. E., Ivanova K. A. Human rights on the Internet: a collection of monographs. – Ekaterinburg: Publishing house of the UPI UMC, 2019. – 148 p.
5. Talapina E. V. Evolution of human rights in the digital age // Proceedings of the Institute of State and rights of the Russian Academy of Sciences. – 2019. – V. 14. No. 3. – P. 108-133.
6. Ammosov A. O. Formation of Internet censorship in the Russian Federation from 2012 to 2017 // Academy. – 2017. – No. 10 (25). – P. 62–66. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stanovlenie-internet-tsenzury-v-rossiyskoy-federatsii-s-2012-po-2017-gody (date of access: 05/06/2024).
RELIGION AND LAW
NAZMUTDINOV Raykhan Akhatovich
Imam-khatib of the Ak Kaen parish of Nizhnekamsk, Nizhnekamsk district of the Republic of Tatarstan, doctoral student of the Bulgarian Islamic Academy
FATWA SECTION ON THE MAGAZINE: FATWAS OF DIVORSE IN THE 1908 ISSUE
The January of 1908, in Ufa, the Orenburg Mohammedan Spiritual Assembly started publishing the magazine “Maglyumate mahkamai shargyya Yrynburgia” (“News of the Orenburg Mohammedan Spiritual Assembly”). The magazine was published by September of 1917 with a break since 1910 to 1916 years.
The purpose of the magazine was to communicate with imams and religious leaders.
One of the sections of the magazine was “Bab al-fatawa” (“Section of fatwas”), in which questions from readers and answers to them were published. The article is devoted to the study of the fatwas section of the Maglumat magazine for 1908, in particular, the question of divorce in No. 12 and the answers (fatwas) to this question.
Keywords: OMDS, Maglumat, fatwa, talaq, tahlil, divorce.
Article bibliography
1. Abd ar-Rahman ibn Muhammad ibn Sulayman al-Kulaybuli, Majmu’ al-Anhur fi sharhhi multaka al-abhur, tahqiq Muhammad ibn Ahmad al-Mukhtar, Dar al-Kutub al-‘Ilmiya. – Beirut, 2016.
2. Abdrafikova G.Kh. Arabic-language periodicals and the journal “Maglyumat” // Russia and the East: interaction of countries and peoples: tr. All-Russian Congress of Orientalists, dedicated to the 125th anniversary of the birth of the outstanding orientalist Akhmet-Zaki Validi Togan. Book. 2. – Ufa: IYaL USC RAS, 2015. – P. 240–241.
3. Abdrafikova G. Kh., Igdavletov I. S., Salikhov A. G. Institute of History, Language and Literature, Ufa Federal Research Center of the Russian Academy of Sciences, Ufa, Russian Federation, Source Studies Aspects of the History of Islam in Russia on the Pages of the Maglyumat Magazine. 1908–1917.
4. Azamatova G. B. The Maglyumat Magazine – the Printed Heritage of the Orenburg Muftiate (1908–1917) // National Cultural Heritage of Russia: Regional Aspect. Proceedings of the VII All-Russian Scientific and Practical Conference: in 2 parts. Volume Part I. Edited by S. V. Solovieva. – Samara: Publisher: Samara State Institute of Culture, 2019.
5. Marjani Sh. Mustafadel-akhbar.
6. Minnulin R.Kh. “Mәgʼlүmate Mahkәmәi Shargyya Orenburg” magazines // Gasyrlar avazy = Echo of centuries 2000. – No. 3/4. – pp. 227-235.
7. Fakhretdin R. “Asar”. Volumes 3 and 4, Ruhiyat. – Kazan, 2010. – pp. 376-378.
8. Fatawa al-Bazzaziya, Dar al-fiqr, 2010.
9. Shams ad-Din Muhammad al-Khurasani al-Kuhustani, Jamig ar-Rumuz. – Calcutta, 1858.
10. Maglumat. – 1908. – No. 2.
11. Maglumat. – 1908. – No. 9.
12. Maglumat. – 1908. – No. 12.
13. Maglumat. – 1908. – No. 15.
14. Maglumat. – 1908. – No. 16.
15. Maglumat. – 1908. – No. 18.
16. Maglumat. – 1908. – No. 19.
ECONOMY. RIGHT. SOCIETY
VOLOV Murat Anatoljevich
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
GERGOVA Zalina Husenovna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
BOLOTOKA Bela Vitaljevna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
KALABEKOVA Leila Ibragimovna
Ph.D. in economical sciences, associate professor of Economics and accounting and analytical information systems sub-faculty of the H. M. Berbekov Kabardino-Balkarian State University
FEATURES OF THE IMPLEMENTATION OF THE GREEN ECONOMY CONCEPT IN ASIAN COUNTRIES AND THE COUNTRIES OF THE MIDDLE EAST
In modern conditions of active development of new technologies, the economy is also changing, becoming more and more innovative. One of the current areas of economic development, especially in developed countries, is the creation of a green economy. For the Russian economy, this phenomenon is relatively new and, accordingly, does not have an economic, regulatory, or technological foundation. The creation and development of a green economy should be based on the experience of other countries. Thus, this article examines the experience of Asian countries (using the example of China) and the countries of the Middle East (using the example of the United Arab Emirates). Studying the experience of these countries is important, since the UAE is one of the first states to identify at the highest level of government the need to build and develop a green economy. China occupies a leading position, which is explained by the desire to overcome the environmental crisis in the country. The need to transition to a green economy is driven by global environmental problems. However, not all countries have the appropriate economic, human and technical resources that are necessary to create a green economy. This in turn contributes to the uneven concentration of green technologies and products in the world. As a result, the environmental situation in countries develops differently. It is necessary to develop mutual cooperation in the development of green technologies and the production of green products.
Keywords: green economy, innovation, technology, environment, ecology, energy resources, green building, pollution, resources, investment.
Article bibliography
1. Steblyanskaya A., Ai M., Bocharnikov V., Denisov A. Green economy strategies in China // Foresight. 2021. Vol. 15. No. 1. P. 74-85.
2. Filonik A. O. Green economy – a new challengeTo the Arab East // Eastern Analytics. 2018. No. 1. Pp. 39-47.
3. Alekseeva A. N., Achba L. V., Ostrovskaya N. V. Experience in implementing regional concepts for the development of a circular “green” economy in countries of the world // Management Consulting. 2022. No. 12. Pp. 32-41.
4. Vilisov M. V. Myths and reality of the “green” economy // Economic and social problems of Russia. 2022. No. 1. Pp. 14-25.
5. Kodaneva S. I. Green economy: from understanding the content of the concept to the practice of its implementation (experience of Russia and foreign countries). Moscow: Ruscience, 2020. 144 pp.
ECONOMY. RIGHT. SOCIETY
EFIMOVA Gulsiya Maratovna
senior lecturer of Integrated engineering and computer graphics sub-faculty of the Ufa State Petroleum Technical University
BAKIEVA Glusa Rafaelovna
Ph.D. in economic sciences, associate professor of the Ufa University of Science and Technology
EMPLOYMENT IN THE GLOBAL ENERGY SECTOR
The transition to clean energy and efforts to decarbonize energy are the prevailing trend changing global energy employment. Countries, which now account for more than 70% of global emissions, have committed to achieving zero emission targets by the middle of the century, which will create millions of new jobs in the field of clean energy worldwide. Therefore, the main focus of this work is on the study of employment issues in the global energy sector, as well as the analysis of changing trends in this sector.
Keywords: employment, energy, education, innovation, economic growth.
Bibliographic list
1. Human capital in the realities of our time // Economics and Entrepreneurship. – 2023. – No. 12 (161). – pp. 585-588. – DOI 10.34925/EIP.2023.161.12.115. – EDN ASCZOM
2. Energy Technology Innovation Partnerships. (2019). www.iea.org. Data accessed April 10, 2020.
3. Vassilyeva Y. P., Karachurina G. G., Gaisina A. V., Fazrakhmanov I. I. Digitalization of the Oil and Gas Complex as a Key Parameter of Innovative Processes // Business 4.0 as a Subject of the Digital Economy. – Cham: Springer, 2022. – P. 1093-1097. – DOI 10.1007/978-3-030-90324-4_181. (Scopus)
4. Karachurina G. G., Vassilyeva Y. P., Gaisina A. V., Khisamutdinov I. A., Mantserova T. F. World Nuclear Power in the Context of Sustainable Development // Geo-Economy of the Future: Sustainable Agriculture and Alternative Energy: Volume II. – 2022. – No. 2. – P. 265-275. (Scopus)
5. Gaysina AV, Kharisova AZ, Apokina KV Ergonomic indicators of the workplace as factors influencing human capital in the context of digitalization // Bulletin of USPTU. Science, education, economics. Series: Economics. – 2022. – No. 1 (39). – P. 30-34.
6. Bakieva GR, Bakirov IR, Banova AV, Gaysina AV Transformation of personnel issues as a high-quality tool for improving business efficiency // Applied economic research. – 2023. – No. S2. – P. 178-186.
7. Bakieva G. R. Specifics of Business Model Analysis in the Digital Economy // Economy and Entrepreneurship. – 2022. – No. 6 (143). – P. 1358-1361.
ECONOMY. LAW. SOCIETY
KOKURIN Dmitriy Ivanovich
Ph.D. in economical sciences, professor of Economics and management sub-faculty of the Moscow International University
NOVAKOVA Sofya Yurjevna
Ph.D. in economical sciences, doctoral student of the I. S. Turgenev Orel State University
ANALYSIS OF THE POSSIBILITIES OF ENSURING INNOVATION-ORIENTED ECONOMIC GROWTH IN THE RUSSIAN FEDERATION ON THE BASIS OF EXISTING FIXED ASSETS
The article examines the dynamics of the availability and condition of fixed assets of the Russian Federation in 2013- 2022, while fixed assets are considered as a base for ensuring innovation-oriented economic growth. It was found that despite the growing cost of fixed assets, the coefficient of renewal of fixed assets has significantly decreased, both in the whole country and in most regions of the Central Federal District.
Keywords: economic growth, innovation-oriented economic growth, fixed assets.
Article bibliography
1. The concept of technological development for the period up to 2030 (approved by the Order of the Government of the Russian Federation of 20.05.203 No. 1315-r). [Electronic resource. – Access mode: http://government.ru/news/48570/
2. Decree of the President of the Russian Federation No. 309 of 07.05.2024 “On the national development goals of the Russian Federation for the period up to 2030 and for the period up to 2036.” [Electronic resource. – Access mode: http://publication.pravo.gov.ru/document/0001202405070015?ysclid=lwd3phah3y789886771
3. Explanatory dictionary of statistical terms. Fundamentalsfunds. [Electronic resource. – Access mode: https://43.rosstat.gov.ru/storage/mediabank/glossary+Fondy[1].pdf.
ECONOMY. LAW. SOCIETY
SAYAPIN Alexey Viktorovich
Ph.D. in economical sciences, associate professor of Strategic economic development sub-faculty of the G. R. Derzhavin Tambov State University
NUTSALOVA Maryam Abubakarovna
postgraduate student of the G. R. Derzhavin Tambov State University
ON THE ISSUE OF STRATEGIC PRIORITIES OF REGIONAL MANAGEMENT
The article presents the main theses of the study of the problem of developing strategic priorities for the management of an agricultural and industrial region of a peripheral type. Based on a systematic approach, we propose our own interpretation of strategic priorities as strategic alternatives within the framework of suboptimal strategies for the socio-economic development of the region. Strategic priorities in the fields of production and demography of the studied region have been identified.
Keywords: strategizing the socio-economic development of the region, personnel security of the region, settlement structure, unstable employment, “salary revolution”.
Article bibliography
1. Savkina R. V. National projects in the system of measures to achieve the goals of effective economic development // Innovations and investments. – 2020. – No. 4. – P. 287-293.
2. Law of the Tambov Region of May 30, 2018 No. 246-Z “On the strategy of socio-economic development of the Tambov Region until 2035”. [Electronic resource]. – Access mode: https://www.tambov.gov.ru/strategiya-socialno-ekonomicheskogo-razvitiya-tambovskoj-oblasti-do-2035-goda.html.
3. Danilov R. S., Kartysheva R. S. National projects as a mechanism for solving the problem of disproportions in regional development // Russian Economic Bulletin. – 2020. – No. 3. – P. 156-160.
4. Russian labor market: trends, institutions, structural changes. Report of the Center for Labor Research (CLR) and the Laboratory for Labor Market Research (LIMR) of the National Research University Higher School of Economics / Ed. V. Gimpelson, R. Kapelyushnikov, S. Roshchin. – M., 2017. [Electronic resource]. – Access mode: https://www.hse.ru/mirror/pubs/share/218427624.
5. Bobkov V. N. Theoretical and methodological approaches to resolving contradictions between national goals and national projects // Proceedings of the VEO of Russia. – 2019. – No. 3. – P. 77-99.
6. Sayapin A. V. On the motives of shadow employment // Global problems of modernization of the national economy. Proceedings of the X International scientific and practical conference. Responsible. editor A. A. Burmistrova [et al.]. – Tambov, 2021. – P. 142-147.
7. Glatskikh O. V. Development algorithm: national projects in the Russian Federation as a factor in productive social changes and overcoming institutional deficits // Central Russian Bulletin of Social Sciences. – 2020. – No. 2. – P. 51-165.
8. Strategy for spatial development of the Russian Federation for the period up to 2025. [Electronic resource]. – Access mode: http://static.government.ru/media/files/UVAlqUtT08o60RktoOXl22JjAe7irNxc.pdf.
ECONOMY. LAW. SOCIETY
SERYOZHKIN Alexander Alexandrovich
magister student of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University
RUDNEVA Yuliya Rinatovna
Ph.D. in economical sciences, associate professor of Corporate finance and accounting technologies sub-faculty of the Ufa State Petroleum Technical University, Chief Specialist in working with warehouses of the Messoyakha CPU, Tyumen Branch of GAZPROMNEFT-SUPPLY LLC
DIGITAL SOLUTIONS FOR THE OIL AND GAS FIELDS PROCUREMENT IN THE FAR NORTH
The article is dedicated to the study of digital solutions in the procurement and organization of warehousing in the oil and gas fields of the Far North region. The relevance of the study is due to the rapid growth of digitalization of logistics production processes, the unique products of which compete and modify existing approaches to solving complex logistics problems in hard-to-reach areas of oil and gas fields in the Far North region.
Keywords: warehouse logistics, digitalization, logistics, warehouse, oil and gas field.
Article bibliography
1. Volgin V. V. Warehouse: logistics, management, analysis. – 10th ed., revised and enlarged. – Moscow: Publishing and Trading Corporation “Dashkov and Co.”, 2009.
2. Gadzhinsky A. M. Practical training in logistics. – 2nd ed., revised and enlarged. – M.: Publishing and Book Trading Center “Marketing”, 2001.
3. Afonin A. M. Industrial logistics: a tutorial. – M.: Forum, 2013.
4. Volgin V. V. Storekeeper: Warehouse arrangement. Warehouse operations. Managementwarehouse. Regulatory documents. – 3rd ed., revised and enlarged. – M.: Os-89, 2005.
5. Volgin V. V. Logistics of acceptance and shipment of goods: a practical guide. – M.: Dashkov i K, 2009.
6. Alesinskaya T. V. Fundamentals of logistics. General issues of logistics management. – Taganrog: Publishing house of TRTU, 2004.
ECONOMY. LAW. SOCIETY
TARAN Alexander Nikolaevich
senior lecturer of Fire training sub-faculty of the Krasnodar University of the MIA of Russia
TARAN Kirill Alexandrovich
cadet of the V. Ya. Kikot Moscow University of the MIA of Russia
MUDARISOV Rinat Radikovich
senior lecturer of Professional training sub-faculty of the Ufa Law Institute of the MIA of Russia
PROSPECTS FOR THE DEVELOPMENT OF ECONOMIC ENTITIES OF RUSSIA IN THE CONTEXT OF MAINTAINING THE ANTI-RUSSIAN SANCTIONS POLICY AND RETALIATORY ECONOMIC MEASURES OF THE RUSSIAN FEDERATION
In the article, the author analyzes the market situation in the context of anti-Russian sanctions. To assess changes in the state of economic entities in 2022, the information and analytical material obtained during the HSE survey was studied. The dynamics of economic indicators and parameters for the main industries has been built. Based on the conducted research, a forward-looking opinion is given on the prospects for the development of economic entities of the Russian Federation.
Keywords: sanctions, inflation, price expectations, capacity utilization, business confidence index.
Article bibliography
1. Pankov V. V., Kazakova N. A. Economic analysis – M.: Magistr, 2022. – 624 p.
2. Ostapkovich G. V., Lipkind T. M., Lola I. S. Business climate in industry in August 2022 – M.: HSE, 2022. – 20 p.
3. Modern structure of international private law. [Electronic resource]. – Access mode: https://www.cbr.ru/analytics/dkp/inflationary_expectations/Infl_exp_22-06/ (date of access: 23.01.2024).
4. Taran K. A., Taran A. N. Problems of digital transformation of individual entrepreneurship in modern times // Digital transformation as a vector of sustainable development: Proceedings of the IV All-Russian scientific and practical conference, Kazan, December 09, 2021. – Kazan: Publishing house “Poznanie”, 2021. – Pp. 233-236. – EDN BVUEJC.
ECONOMY. LAW. SOCIETY
BIGLOVA Alfiya Anvarovna
Ph.D. in economic sciences, senior researcher Institute of Socio-Economic Research, Ufa Scientific Center of the Russian Academy of Sciences, associate professor of the Ufa University of Science and Technology
TRENDS IN INTERREGIONAL ECONOMIC INTERACTION IN THE REPUBLIC OF BASHKORTOSTAN
The article examines the problems of economic development and interregional interaction of the Republic of Bashkortostan. The author’s conclusions are based on normative and methodological sources, data from official government websites of the Russian Federation, specialized literature, periodicals in the field of territorial development, as well as statistical data. The objectives of the study are: analysis of indicators of economic development of the region, identification of mechanisms of interregional interaction. The following methods were used during the study: analysis of scientific sources, statistical analysis describing the dynamics of regional development.
It is concluded that the sustainable development of the region is largely influenced by the expansion of economic ties for the mutual exchange of goods, including those not produced in the region. The Republic is one of the leading regions and makes an important contribution to the development of the country’s economy, but the intensification and expansion of interregional cooperation will contribute to the emergence of new production sites and accelerate the modernization of existing industries. The resulting effect will stimulate the development of industries oriented towards domestic demand.
Keywords: region, territorial development, interregional interaction, regional development, priority development areas, open economic zones, socio-economic development.
Пристатейный библиографический список
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ECONOMY. LAW. SOCIETY
SOLOVJEVA Irina Anatoljevna
Ph.D. in economical sciences, associate professor, associate professor of Social and cultural activities and pedagogy sub-faculty of the Orel State Institute of Culture
PHASES AND CONDITIONS OF FORMATION OF THE COMMERCIAL SECTOR IN THE CULTURAL SPHERE
The formation of the commercial sector in our country took place gradually, in several stages, each of which has its own peculiarities and essential characteristics. And if in the Soviet period the share of private business in the cultural sphere was near to zero, today it is a dynamically developing sector, flexibly and quickly responding to the changes in the external environment and the emergence of new technologies. The speed of development of the commercial sector is determined by a set of institutional conditions and factors that set its framework and limitations.
Keywords: cultural sphere, commercial sector, transformation, cultural and creative industries, creative cluster, institutional conditions.
Article bibliography
1. Gribkov D. N., Svergunova N. M. The Impact of the Transformation of Library Specialists’ Competencies on the Adaptation of Higher Library and Information Education Programs to the Requirements of the Digital Economy // Education and Cultural Space. – 2022. – No. 4. – P. 113-129.
2. Matveev V. V., Annenkova A. A., Gribkov D. N. Using Augmented Reality Technology in Training Library and Information Specialists // Scientific and Methodological Electronic Journal “Concept”. – 2022. – No. 7. – P. 15-29. – DOI 10.24412/2304-120X-2022-11051
3. Mokeeva E. Yu. The system of training personnel for the social sphere within the framework of the implementation of national projects // Education and cultural space. – 2021. – No. 3. – P. 80-87. – DOI 10.53722/27132803_2021_3_80.
4. Rudnik B. L. Transformation of economic mechanisms in the cultural sphere: consistent development or movement in a circle? // Issues of public and municipal administration. – 2015. – No. 3. – P. 83-102.
5. Solovieva I. A. Clustering of the creative economy / I. A. Solovieva // Scientific and practice-oriented support for socio-cultural activities in the context of the development of creative industries. – Orel: Oryol State Institute of Culture, 2023. – P. 78-94.
6. Solovieva I. A. Institutional features of the formation of the commercial sector in the socio-cultural sphere // Problems of development of modern society: collection of scientific articles of the 4th All-Russian scientific and practical conference, Kursk, January 24-25, 2019 / South-West State University. – Kursk: South-West State University, 2019. – P. 275-279.
ECONOMY. LAW. SOCIETY
TOLIKOVA Elena Eduardovna
Ph.D. in economical sciences, professor of the N. E. Bauman Moscow State Technical University
KOLMAKOV Alexey Nikolaevich
Ph.D. in economical sciences, professor of the All-Russian Scientific Research Institute of Fisheries and Oceanography, Moscow
SOBKO Andrey Alexandrovich
magister student of the N. E. Bauman Moscow State Technical University
GLINKINA Elina Maximovna
magister student of the N. E. Bauman Moscow State Technical University
CRITICAL ANALYSIS OF TECHNIQUES FOR THE USE OF DIGITAL TWINS AND MACHINE LEARNING IN ORDER TO OPTIMIZE PRODUCTION PROCESSES
The purpose of the research is to analyze, substantiate and select the optimal methodology for the introduction of digital twins and machinery technologies into production processes.
The advantages and disadvantages of using digital technologies in various aspects of production processes are revealed. A comparative analysis of the methods of using digital twins and machine learning is carried out. The new results of the introduction of digital twins and machine learning in production processes for the period from 2022 to 2024 are systematized. The simulation of solving production problems using a digital twin and machine learning has been performed.
Keywords: digital twin, methodology, machine learning, production processes.
Article bibliography
1. Minakova I.V., Tuboltseva A.S. Hyperautomation of business processes of modern companies: advantages and disadvantages // Actual issues of sustainable development of the state, society and economy: collection of scientific articles of the 2nd All-Russian scientific and practical conference, Kursk, November 02-03, 2023. – Kursk, 2023. – P. 261-265.
2. Nikitina M. A. Smart technologies in the food industry // Modern problems of automation of technological processes and production: collection of scientific reports of the scientific and practical conference with international participation dedicated to the 100th anniversary of the birth of I.K. Petrov, Moscow, October 11, 2023. – Kursk: ZAO “Universitetskaya kniga”, 2023. – P. 273-278.
3. Baeva A. V. Epistemic challenges of AI, Big Data and Megascience: what is the future of scientific objectivity in the new digital reality // Science and Technology: Questions of History and Theory: Proceedings of the XLIV International Annual Scientific Conference of the St. Petersburg Branch of the Russian National Committee on the History and Philosophy of Science and Technology of the Russian Academy of Sciences, St. Petersburg, October 23-27, 2023. – Saint Petersburg: OOO “Izdatelstvo Skifiya-print”, 2023. – P. 306-308.
4. Kazakov O. D., Azarenko N. Yu., Lysenko A. N. Digital reengineering of business process models based on their quality metrics // Economy. Informatics. – 2023. – No. 50 (4). – P. 781-791. [Electronic resource]. – Access mode: https://doi.org/10.52575/2712-746X-2023-50-4-781-791.
5. Z. Lv, J. Guo and H. Lv. “Safety Poka Yoke in Zero-Defect Manufacturing Based on Digital Twins” in IEEE Transactions on Industrial Informatics, vol. 19, no. 2, pp. 1176-1184, Feb. 2023, doi: 10.1109/TII.2021.3139897. [Electronic resource]. – Access mode: https://ieeexplore.ieee.org/document/9669046.
6. D. Allison, P. Smith and K. McLaughlin “Digital Twin-Enhanced Methodology for Training Edge-Based Models for Cyber Security Applications”, 2022 IEEE 20th International Conference on Industrial Informatics (INDIN), Perth, Australia, 2022, pp. 226-232, doi: 10.1109/INDIN51773.2022.9976095. [Electronic resource]. – Access mode: https://ieeexplore.ieee.org/document/9976095.
7. Yakhni M. F., Hosni H., Cauet S., Sakout A., Etien E., Rambault L., Assoum H. , El-Gohary M. Design of a Digital Twin for an Industrial Vacuum Process: A Predictive Maintenance Approach. Machines 2022, 10, 686. [Electronic resource]. – Access mode: https://doi.org/10.3390/machines10080686.
8. Dong Y.; Chen Q.; Ding W.; Shao N.; Chen G.; Li G. State Evaluation and Fault Prediction of Protection System Equipment Based on Digital Twin Technology. Appl. Sci. 2022, 12, 7539. [Electronic resource]. – Access mode: https://doi.org/10.3390/app12157539.
9. W. Sun, N. Xu, L. Wang, H. Zhang and Y. Zhang “Dynamic Digital Twin and Federated Learning With Incentives for Air-Ground Networks,” in IEEE Transactions on Network Science and Engineering, vol. 9, no. 1, pp. 321-333, 1 Jan.-Feb. 2022, doi: 10.1109/TNSE.2020.3048137.
10. X. Li et al. “Scientific Machine Learning Enables Multiphysics Digital Twins of Large-Scale Electronic Chips,” in IEEE Transactions on Microwave Theory and Techniques, vol. 70, no. 12, pp. 5305-5318, Dec. 2022, doi: 10.1109/TMTT.2022.3208917.
11. J. Huang, T. Li, W. Song and Z. Zheng “Research on Bearing Digital Twin Modeling and Residual Life Predictive Simulation Based on Deep Learning” 2022 IEEE 5th International Conference on Electronics Technology (ICET), Chengdu, China, 2022, pp. 553-557, doi: 10.1109/ICET55676.2022.9824825.
ECONOMICS. RIGHT. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems 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
IDENTIFICATION OF TRANSPORT INFRASTRUCTURE LINKS BY LEVEL OF ADAPTABILITY TO INTERNATIONALIZATION
The article examines the internationalization of transport infrastructure of international importance. The varying degrees of adaptability of transport infrastructure to internationalization are due to regional discrepancies in transport development and uneven spatial development of the territory. The essence and role of adaptability of transport infrastructure links to the changing conditions of internationalization is revealed; a coefficient and model of adaptability, parameterization of the model, and a scheme for identifying transport infrastructure links according to the level of adaptability to internationalization are proposed.
Keywords: internationalization, international transport infrastructure, adaptability, objective function, model.
Article bibliography
1. Reznik L. G. Index of severity of operating conditions of machines // News of higher educational institutions. Oil and Gas. – 2000. – No. 1. – P. 112-115.
2. Reznik L. G. Scientific Foundations of Adaptation of Automobiles to Operating Conditions: diss. … Doctor of Engineering Sciences. – Tyumen , 1981. – 355 p.
3. Reznik L. G., Romalis G. M., Charkov S. T. Efficiency of using cars in different operating conditions. – M.: Transport, 1989. – 128 p.
4. Savchenko E. E. Theoretical and methodological approaches to the study of system-forming infrastructure at the stage of transformation of the economic space of the region: diss. … Doctor of Economics: 08.00.05 . – Irkutsk, 2016. – 363 p.
5. Sokolov B. V., Mirotin L. B., Nekrasov A. G. Development and implementation of the methodology and techniques of joint multi-criteria synthesis and adaptive management of the creation, application and development functionally stable integrated transport, logistics and information systems of the new generation // Transport Bulletin. – 2011. – No. 6. – P. 25-30.
6. Chumlyakov K. S. Methodological approach to the development of international transport infrastructure in the context of internationalization of world economic relations // Development of territorial socio-economic systems: issues of theory and practice . Proceedings of the XVII International Scientific and Practical Conference of Young Scientists. General editorship of Lavrikova Yu. G., 2020. – P. 204-207.
7. Chumlyakov K. S. Adaptability as a generalizing category of internationalization of transport infrastructure // Transport and transport and technological systems: Proceedings of the International Scientific and Technical Conference, Tyumen, April 13-14, 2023 / Editor-in-Chief P.V. Evtin. – Tyumen: Tyumen Industrial University, 2023. – Pp. 388-391.
8. Chumlyakov K.S., Chumlyakova D.V. Internationalization of Transport Infrastructure: Contents of the Concept and Directions // Eurasian Law Journal. – 2021. – No. 12 (163). – Pp. 518-520. DOI 10.46320/2073-4506-2021-12-163-518-520.
ECONOMY. RIGHT. SOCIETY
WANG Yiping
masters of the Higher School of Modern Social Sciences of the M. V. Lomonosov Moscow State University
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, Kemerovo; professor of Pedagogical technologies sub-faculty of the V. N. Poletskov Kuzbass State Agricultural University
INNOVATIONS IN HUMAN RESOURCE MANAGEMENT OF ENTERPRISES IN THE CONTEXT OF DIGITALIZATION
Innovation in human resource management is, first of all, the creation of an effective digital environment for human resource management, which largely determines the effectiveness of digitalization of the national economy. The object of research is the digital economy. The subject of the research is human resources in the digital environment. The purpose of the study is to consider the nature and content of innovations in human resource management of enterprises in the context of digitalization. In the context of globalization and high competition, quick and effective management decisions are required in all areas of activity, including productivity and compensation management. The use of digital technologies in this area allows for more accurate and objective salary calculations, taking into account market data and requirements for the professional competencies of personnel.
Keywords: digital environment, personnel management, software package, service sector, digital economy.
Article bibliography
1. Dimetrenko S. A. The impact of the digital economy on labor productivity // Current issues modern economic science: Proceedings of the XIII International Scientific Conference, Astrakhan, April 21, 2023 / Authors: E. O. Vostrikova, I. V. Chertina. – Astrakhan: Federal State Budgetary Educational Institution of Higher Education “Astrakhan State University named after V.N. Tatishcheva”, 2023. – P. 12-14. – EDN AXAADY.
2. Mugaeva E. V. Digital transformation of human resource management technologies // Bulletin of the Academy of Knowledge. – 2022. – No. 51 (4). – P. 200-204. – EDN JEPYWD.
3. Inozemtseva S. A. Technologies of digital transformation in Russia // Actual problems of economics, sociology and law. – 2018. – No. 1. – P. 44-47. – EDN UUYXFX.
PHILOSOPHY. LAW. SOCIETY
BREDIKHIN Anton Viktorovich
Ph .D. in historical sciences, leading researcher of the Institute of China and Modern Asia of the Russian Academy of Sciences
ZAKOPYRIN Vladimir Nikolaevich
Ph.D. in Law, associate professor, associate professor of Administrative and financial law sub-faculty of the Academy of Law and Management of the FPS of Russia
LUSTIN Yuriy Mikhaylovich
Ph .D. in philosophical sciences, associate professor, associate professor of Philosophy sub-faculty of the Mikhail Tugan-Baranovsky Donetsk National University of Economics and Trade
TOWARDS THE DEFINITION OF THE CONCEPT OF “REGIONAL COMMUNITY” IN THE CONTEXT OF MODERN SOCIO-CULTURAL TRANSFORMATIONS
This article examines the form of regional communities as an example of the implementation of the trends of regionalism in response to the movement of globalism. The authors present various approaches to the definition of the concept of “regional community”, its characteristics are given, examples of manifestations of regional patriotism and the work of community organizations are presented. As a result of the study, the characteristics of regional communities in the context of modern challenges are given.
Keywords: Cossacks, small homeland, patriotism, regionalism, regional community
Article bibliographic list
1. Boronoev A. O. The concept of a small homeland: definition and content // Society. Social. Development. – 2020. – No. 3. – P . 60-66.
2. Bredikhin A. V. Cossack Don: between Ukraine and Russia. – M.: IIU MGOU, 2017. – 124 p.
3. Gapich A. E. Differentiation of social structures of the regional community of Stavropol Krai // Theory and practice of social development. – 2007. – № 2.
4. Dokuchaev D. S. Regional identity of the Russian person in modern conditions: socio-philosophical analysis. Diss. … Cand. Philosophical Sciences. – 2011. – 181 p.
5. Motalov Yu. G. Regional community and ethnic migrants: socio-philosophical analysis of the relationship of needs. Diss. … Cand. Philosophical Sciences. – 2013. – 158 p.
PHILOSOPHY. LAW. SOCIETY
ZUBKOVSergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
SHAKHOVA Katerina Olegovna
student of the bachelor’s degree in religious studies of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State University
ECOPHILIC PHILOSOPHY AND AESTHETICS OF INDIAN DESIGN – VASTU
The article reveals the features of ecophilic ancient Indian philosophy and aesthetics in the context of Indian sacred design – Vastu. Sacred space, definition of the components of nature: these are signs of ecophilic views on the world and man. Through an appeal to “Vastu Shastra”, as a Vedic treatise on the surrounding space and the unity of living things with the environment, an understanding of approaches to the harmonization of man and nature, man and society is given. The practical approach is to understand the philosophy of Vastu to appreciate the attractive designs and textures that adorn the homes. The aesthetics of design and ease of use of space consists of a positive impact on a person and his psyche.
Keywords: Vastu, Vastu Shastra, ecophilic philosophy, aesthetics, Vedic design , space, environment, harmony.
Article bibliographic list
1. Venketesh R. Vastu-Feng Shui. – M.: K. Kravchuk Publishing House, 2003. – 347 p.
2. Zubkov S. A. Criteria of religious ecophilia // Bulletin of the Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Vol. 28. – P. 92-100. Doi.org/10.26516/2073- 3380.2019.28.92.
3. Zubkov S. A Ecophilic images of Vedic philosophy // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 500-503.
4. Igelnik L. Indian Vastu and Chinese Feng Shui. – M.: Profit Style, 2003. – 336 p.
5. Ilvitskaya S. V., Dunichkin I. V. Interrelation of principles of designing religious and residential buildings in the tradition of Vedic architecture Vastu // Housing construction. – 2017. – No. 1–2. – P. 55–59.
6. Kajol Shastri. Vedic Architecture Vastu: Principles of Building Your Ideal Home. – M.: Vedic Technology, 2012. – 224 p.
7. Krishna T. Indian Art of Vastu. Organization of the Environment for Strengthening health, achieving well-being and finding happiness. – M.: Grand-Fair, 2004. – 272 p.
8. Lysenko V. G. Vastu // Philosophy of Buddhism: encyclopedia. – M.: Institute of Philosophy of the Russian Academy of Sciences, 2011. – P. 202-203.
PHILOSOPHY. RIGHT. SOCIETY
GOFMAN Alexander Anatoljevich
associate professor of Fire, tactical and special training sub-faculty of the Law Faculty of the Vladimir Law Institute of the FPS of Russia
TIMOSCHUK Alexey Stanislavovich
Ph.D. in philosophical sciences, professor of Humanitarian and socio-economic disciplines sub-faculty of the Vladimir Law Institute of the FPS of Russia
GO-LOGIC IN THE STRATEGY OF THE WORLD WIN-WIN
In the state of New Mexico the USA, the city of Santa Fa, there is a complexity Institute that discusses the problems of futurology, resource security, energy, demography, war, cognitiveness, climate, and growth limits. In Russia, a well-known researcher of the development of complex systems A.I.Fursov turned to the functioning of this structure and conference on complexity. The point is that the events of politics have aggravated global stability. Riskingness, instability, uncontrollability, inconsistency, hybridization of processes – this is an incomplete list of factors that make the controllability of sociotechnical platforms. A. I. Fursov indicates in his works that democracy, the market system, liberalism and similar concepts are only an information curtain of rigid control of world corporations, appraisers, percentages and other beneficiaries of global control.
Keywords : models of complexity, geoenergetics, prospects of mankind, chaosmos, GO-logic, flickering chess, instability, fuzziness, dialectics.
Article bibliography
1. Belov A. V. Singer of “blooming complexity” (185 years since the birth of K. N. Leontiev) // Humanities and socio-economic sciences. – 2016. – No. 5. – P. 55-58.
2. Goffman A. A., Timoshchuk A. S. Complex society: non-stationarity, hybridization, precarization // Social relations. – 2021. – No. 2 (37). – P. 90-101.
3. Nesterov A. V. Philosophy of complexity: definitions of the term “complexity” and measurement of complexity. – M.: Preprint, 2016. – 30 p.
4. Timoshchuk A. S. Can a complex society be good? // Dialogue of cultures in the era of global risks. In 2 parts. Part 2. – Minsk: BSU, 2016. – P. 415-418.
5 . Timoshchuk A. S. Methodology of complexity // Educational resources and technologies. – 2021. – No. 1 (34). – pp. 85-91.
PHILOSOPHY. RIGHT. SOCIETY
ITKULOVA Leysyan Ahmetovna
Ph.D. in philosophical sciences, professor, Head of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
VALIULLINA Zaynab Rahimyanovna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
KHAYRULLIN Rim Nurovich
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
KHASANOVA Liliya Ravilevna
Ph.D. in philosophical sciences, associate professor of Philosophy and cultural studies sub-faculty of the Higher School of Philosophy and Sociology of the Institute of Humanities and Social Sciences of the Ufa University of Science and Technology
METAPHYSICAL FOUNDATIONS OF THE ECOLOGICAL CRISIS: TRANSCENDENTAL-ETHICAL ASPECT
The authors of this article explore the ultimate foundations of the ecological crisis from the point of view of the transcendental-ethical approach to spirituality. “Clip-ism” is noted as a problem of modern thinking. Metaphysics in its classical sense, along with dialectics, is considered as a means of systematically understanding the past, present and future. This, in turn, brings us to the ideas of freedom and sustainability in the development of man and society. The environmental crisis can be overcome through a new ideological synthesis that will provide feedback to the environment.
Keywords: metaphysics, dialectics, ecological crisis, ecological culture, transcendental-ethical approach, creativity, self-awareness, sustainability, principle of complementarity, principle of correspondence.
Article bibliographic list
1. Itkulova L. A. Worldview of the Bashkir ethnic group: philosophical anthropological analysis. – Ufa: RIC BashSU, 2021.
2. Krapivensky S. E. Social philosophy. – M.: VLADOS, 1998.
3. Khasanova L. R. Social memory of the nation (social and philosophical analysis of the traditions of the Bashkir people). Abstract of dis. … for the degree of candidate of philosophical sciences. – Ufa , 2000.
4. Lukyanov A. V. The idea of metacriticism of “pure” love (philosophical introduction to the problem of the relationship between dialectics and metaphysics). – Ufa: Bashkir University Press, 2001.
5 . Aristotle. Works in 4 volumes. Vol. 1. – M.: Mysl, 1976.
6. Ilyasov R. R. Game as an object of philosophical knowledge. Ontological and epistemological aspects. Abstract of diss. … Doctor of Philosophy. . sciences. – Ufa, 2006.
7. Helmut Girndt. Das “Ich” des erstenGrundsatzes der Grundlage in der Sicht der Wissenschaftslehre von 1804 // Fichte-Studien. Bd. 10. Amsterdam-Atlanta: GA. – 1997. – P. 319-333.
8. Zaynab R. Valiullina, Arkadiy V. Lukjanov, Marina A. Puskarewa. Philosophy of ecological crisis and two forms of modern dialectics // Utopía y praxis latinoamericana. – 2018. – Año: 23. No. 82. – Рp. 410-415.
9. Schelling F. V. J. The System of World Epochs: Munich Lectures of 1827-1828 as recorded by Ernst Laso. – Tomsk: Vodoley Publishing House, 1999.
10. Schelling F. V. Y. Philosophy of revelation. Vol. 1. – SPb.: Nauka, 2000.
11. Dobrokhotov A. L. Philosophy of culture: textbook for universities. – M.: ID Higher School of Economics, 2016.
12. Fedotova V. G. Practical and spiritual development of reality. – M.: Science, 1991.
PHILOSOPHY. RIGHT. SOCIETY
ZAYTSEV Nikolay Nikolaevich
Ph.D. in pedagogical sciences, senior lecturer of Humanitarian and social sciences sub-faculty of the General of the Army I. K. Yakovlev Novosibirsk Military Institute of the troops of the National Guard of the Russian Federation
GAVRILENKO Mariya Vitaljevna
Ph.D. in historical sciences, associate professor, professor of Humanitarian and social sciences sub-faculty of the General of the Army I. K. Yakovlev Novosibirsk Military Institute of the troops of the National Guard of the Russian Federation
LEVCHENKO Dmitriy Vladimirovich
Ph.D. in pedagogical sciences, Deputy Head of Automobiles, armored weapons and equipment sub-faculty of the General of the Army I. K. Yakovlev Novosibirsk Military Institute of the Nation-al Guard of the Russian Federation
THE COLLAPSE OF LIBERAL DEMOCRACY
The authors of the article examine the concept of the “end of history,” according towhich the end of the Cold War in the West was seen by many as a defining cultural triumph, marking the advent of a post-historical era, when wars and bloody revolutions will be a thing of the past. But it did not take long for the end of the “end of history” to become apparent both in the geostrategic and political-cultural spheres. The events that followed the collapse of the Soviet Un-ion in the Middle East and the Balkans called into question the concept of F. Fukuyama. The au-thors, having analyzed a series of events, come to the conclusion that the concept of the “end of history” is untenable at the present stage, when Russia has moved to active action against Western civilization, which inculcates liberal values .
Keywords: social philosophy, neoliberalism, «end of history», democracy, war.
Article bibliography< br /> 1. Bulavina M. A. The failed “end of history” in the prism of civilizational legislation // Bulletin of the East Siberian Open Academy. – 2022. – No. 45 (45). – EDN MTILOJ.
2. Vinogradov A. V., Zaitsev N. N., Zavyalova A. N. Neoliberalism as a threat to the education system // Economic and humanitarian studies of regions. – 2021. – No. 6. – P. 57-60. – EDN FKFFKP.
3. Korobitsyna L. V. “The Origins of World War II” by A. J. P. Taylor: Towards the Problem of the Discussion of the 1960s . In British historical science // The beginning of the Second World War: national historiographic traditions and historical memory: materials of the international scientific and practical conference / Editor-in-chief V.N. Zemtsov. – Ekaterinburg, 2017. – P. 50-56. – EDN NSUBTD.
4. Rudnykh D. A., Udalov A. S., Zaitsev N. N. Dehumanization as the essence of the ideology of Nazism // Actual problems of the humanities: Materials of the All-Russian scientific and practical conference / Responsible editor D. A. Pogonyshev . – Nizhnevartovsk: NVSU, 2022. – P. 291-293. – DOI 10.36906/NVSU-2022/49. – EDN ZHMGQI.
5. Savvin A. M. Development of theories and ideology of modernization of Russia // History. Hist. -rics. Sources: electronic scientific journal. – 2023. – No. 1. – P. 55-65. – EDN LIIJUB.
6. Fukuyama F. The End of History and the Last Man [translated from English by M. B . Levina]. – M.: ACT, 2015. – 575 p.
7. Khanaliev N. U. NATO expansion to the East near the borders of Russia as an overt threat of military pressure on the security and sovereignty of the Russian Federation // Questions of Political Science.– 2022. – T. 12. No. 6 (82). – S. 1954-1967. – DOI 10.35775/PSI.2022.82.6.015. – EDN REOQFV.
PHILOSOPHY. RIGHT. SOCIETY
ZUBKOV Sergey Alexandrovich
Ph.D. in philosophical sciences, associate professor of Philosophy and religious studies sub-faculty of the A. G. and N. G. Stoletov Vladimir State University
TYURINA Arina Yurjevna
student of the bachelor’s degree in religious studies of the Humanitarian Institute of the A. G. and N. G. Stoletov Vladimir State University
ZOOLATRY AND PHYTOLATRY OF TAOISM AS COMPONENTS OF ECOPHILIC PHILOSOPHY
The article reveals the features of individual biocentric, eco-theological campaigns of the ancient Chinese religious system of Taoism. Taoism as a theology and philosophy, built on the principles of ecophilic connections between humans and animals and plants, includes components of the veneration of these organisms, traces of animalistic and dendrological symbolism in culture. Religious cults of animals and plants indicate the biocentric tendencies of ecophilic religions and philosophical systems that contribute to the formation of the foundations of an ecological culture, respect for all forms of life and the harmonization of human society.
Keywords: Taoism, ecophilic philosophy, plants, animals, nature, symbol, harmony.
Article bibliography
1. Wen Jian, Gorobets L. A. Taoism in modern China. – Blagoveshchensk: Publ. AmSU, 2002. – 210 p.
2. Zubkov S. A. Criteria of religious ecophility // Bulletin of Irkutsk State University. Series “Political Science. Religious Studies”. – 2019. – Vol. 28. – P. 92-100. Doi.org/10.26516/2073-3380.2019.28.92.
3. Zubkov S. A., Zubkov E. S. Ecophilic philosophy and music of Ancient China // Eurasian Law Journal. – 2023. – No. 3 (178) . – P. 515-517.
4. Christiansen R. Ecotheology. – Arkhangelsk: Publishing House Pomor State University named after M. V. Lomonosov, 2002. – 297 p.
5. Loewe Michael China of the Han Dynasty. Everyday life, religion, culture. – M.: ZAO Tsentrpoligraf, 2000. – 224 p.
6. Maspero A. Taoism. – SPb.: Nauka, 2007. – 294 p.
7. Torchinov E. A. Daoist practices. 2001. – SPb.: Azbuka-classic; Petersburg Oriental Studies, 2004. – 256 p.
PHILOSOPHY. LAW. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of the Volga branch of the Russian State University of Justice
SPIRIN Vasiliy Konstantinovich
master of philosophy, lecturer of the Nizhny Novgorod Theological Seminary
TRETYAKOV Ilya Sergeevich
bachelor of theology, master of religious studies, lecturer of the Nizhny Novgorod Theological Seminary
IS FEMALE PRIESTHOOD BELIEVABLE IN RUSSIAN TRADITIONAL CULTURE: REFLECTIONS ON THE PHILOSOPHICAL INTUITION OF RELIGIOUS CULT FROLOVA S. R.
This article continues a series of studies devoted to the Nizhny Novgorod cult in honor of the icon of the Mother of God ” Resurrecting Russia”. In the previous article on the pages of the Eurasian Legal Bulletin we investigated the religious and philosophical views of Frolova S. R. concerning the quasi-Orthodox (conditionally Orthodox) side of her icon. In this article we turn to the mystical or isoteric discourse of the religious cult under study, where Svetlana Robertovna also showed herself as an original thinker, creatively changing and interpreting theosophical, Wiccan and other ideas.
Keywords: Icon “Resurrecting Russia”, Abode of Light, Frolova S. R., Matushka Fotinia, Great Mother, Wiccanism, female priesthood, sophiology, Silver Age.
Article bibliography
1. Sobko R. V., Spirin V. K., Tretyakov I. S. Christology and pneumatology of Mother Fotinia: on the issue of the religious affiliation of the cult of Frolova S. R // Eurasian Law Journal. – 2023. – No. 9 (184). – P. 323-325. – EDN COOONM.
2. Sobko R. V., Spirin V. K., Tretyakov I. S. Is the cult in honor of the icon “Resurrecting Rus'” Mariological? // Eurasian Law Journal. – 2023. – No. 8 (183). – P. 528-530. – EDN UUAJZD.
3. Sobko R. V. Union of the Scarlet and White Rose (religious and philosophical feuilleton) // Damaskin. – 2014. – No. 4 (29 ). – P. 42-52. – EDN LXOOQF.
4. Newspaper “Temple of Light” No. 5. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/gazeta-hram-sveta5.pdf (date of access: 04/27/2024).
5. Greer J. M. The Occult Book: A Chronological Journey, from Alchemy to Wicca. New York. – USA: Sterling Publishing, 2018.
6. Newspaper “Temple of Light” No. 11. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/11 -SAYT.pdf (date accessed: 27.04.2024).
7. Newspaper “Temple of Light” No. 12. [Electronic resource]. – Access mode: https://hram-vr.narod.ru/12-2.pdf (access date: 04/27/2024).
8. Pollock K. “Between the Worlds”: Ritual Constructions of Sacred Space in Feminist Wicca. – Saarbrücken: VDM Verlag Dr. Müller, 2009.
9. Georg Günter Blum: Byzantinische Mystik. Ihre Praxis und Theologie vom 7. Jahrhundert bis zum Beginn der Turkokratie, ihre Fortdauer in der Neuzeit. Lit Verlag. – Berlin 2009.
10. Newspaper “Temple of Light” No. 17. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-17-sayt.pdf (date of access: 04/27/2024).
11. Newspaper “Temple of Light” No. 18. [Electronic resource] . – Access mode: http://hram-vr.narod.ru/GAZETA-18.pdf (date of access: 04/27/2024).
12. Newspaper “Temple of Light” No. 15. [Electronic resource]. – Access mode: http://hram-vr.narod.ru/GAZETA-15-sayt_1.pdf (date of access: 27.04.2024).
PHILOSOPHY. LAW. SOCIETY
STEPANENKO Yuriy Sergeevich
Ph.D. in philosophical sciences, professor of Philosophy and social-humanitarian disciplines sub-faculty of the East-Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
HISTORICAL AND CULTURAL “EASTERN” ALTERNATIVE CIVILIZATIONAL DEVELOPMENT OF RUSSIA
The article deals with the civilizational, historical and cultural development of Russia from the Middle Ages to the present day, its cyclicality and isolation from Europe. As a result of progressive historical development, the spiritual and material prerequisites for the formation of the foundations of Russian statehood were formed. The acculturation of Russia is the “soft power” of the West, a method of European integration and “erasing” of Russian civilization, nullifying its fruits, instilling a sense of inferiority. The European model of socio-economic development is offered both to Russia and the world as a whole, as the only true and obligatory for all mankind. The historical confrontation with the West leads Russia to a new round of spiritual and political confrontation, examples of which can be traced in the era of Alexander Nevsky, Ivan the Terrible and in the Soviet era. The turn to the East is considered as an alternative path of Russia’s civilizational development against the background of global confrontation with the West in order to preserve state sovereignty.
Keywords: alternative, European integration, Ivan the Terrible, Peter I, germanization, East.
PHILOSOPHY. RIGHT. SOCIETY
KHOKHLOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Public administration sub-faculty of the Insti-tute of Social Sciences of the Irkutsk State University
CULTURE OF CONSENT: PROBLEMS OF IMPLEMENTATION AND DEVELOPMENT PROSPECTS
The article analyzes the problems of the culture of consent that periodically arises at the pre-sent stage of development of society. The author provides evidence that the culture of consent is a factor that stabilizes society, necessary for its full development, and ensures the effective interaction of various social systems. The author’s definition of the “culture of consent” is given, its place in the culture as a whole is considered, and the expected prospects for the development of a culture of consent in the near future are given. The author presents the point of view that a culture of consent complements social development with innovative potential, and provides prospects for the further existence of society.
Keywords: culture of consent, social system, development prospects, effective interaction.
Article bibliographic list
1. Ozhegov S. I., Shvedova N. Yu. Explanatory dictionary of the Russian language: 80,000 words and phraseological expressions. – M.: AZ, 1994. – 928 pp.
2. Modern philosophical dictionary / Under the general. ed. V. E. Kemerova. – M.: Academic project, 2004. – 864 p.
3. Stepin S. S. New philosophical encyclopedia: in 4 volumes / Ed. V. S. Stepin. – M.: Mysl, 2001. – V. 3. – 988 p.
4. Ushakov D. N. Large explanatory dictionary of the Russian language. New modern edition. – 2023. – 816 p.
5. Khokhlova O. M. Dichotomy of “agreement-disagreement” in the social sphere (philosophical and methodological analysis). Abstract of Cand. Philosophical Sciences: 09.00.11: Bauman Moscow State Technical University. – M., 2013. – 22 p.
6. Khokhlova O. M. Program for achieving public harmony in modern Russian society // Scientific and methodological electronic journal “Concept”. – 2016. – No. T. 15 . – P. 1376-1380.
7. Khokhlova O. M. Formation of the concepts of “agreement” and “disagreement” in the history of philosophical thought // Humanitarian Bulletin of Bauman Moscow State Technical University. – 2022. – No. 2 (94). – P. 1-16.
PHILOSOPHY. LAW. SOCIETY
VILDANOVA Mariam Uralovna
competitor of Philosophy and cultural studies sub-faculty of the Ufa University of Sciences and Technologies
UNDERSTANDING HUMAN NATURE IN WESTERN AND EASTERN PHILOSOPHY
The article discusses two methodologies for understanding and revealing human nature: western and eastern. The Western European methodology of sciences in understanding human nature initially relies on the dialectic of subject-object research activity, on the formulation of a scientific hypothesis and its empirical confirmation by an experimental-empirical base, which still needs to be justified by theoretical conclusions. For Western philosophy, what is true is what has been scientifically proven and is confirmed in scientific works. The Eastern philosophy is based on a different methodology. Her methodological approach to man is focused on inner work, on the knowledge of a particular person’s own nature in the practice of meditation and contemplation. When a person, through indistinguishable wisdom (Prajna), comprehends his own nature as the nature of the Buddha, then any logic is filled with intuitive knowledge. Such an approach is unacceptable for scientific thinking, because its evidence base should be based on a conceptual and categorical system of cognition with its general principles and the criterion of the truth of inferred knowledge.
Keywords: philosophy, science, methodology, reflection, truth, intuition, wisdom.
Article bibliographic list
1. Husserl E. Ideas towards pure phenomenology and phenomenological philosophy. Book 1: General introduction to pure phenomenology. – Moscow, 2009. – 489 pp.
2. Tao Te Ching / [Lao Tzu; lane from ancient China Masutaro Konishi, Yang Hin-Shun]. – St. Petersburg: Lenizdat, 2013. – 187 p.
3. Dhammapada: [Buddhists. Sat. sayings] / Trans. from Pali, introduced. and comment. V. N. Toporova. – Samara: Agni, 1998. – 225 pp.
4. Zen Buddhism. Suzuki D. Fundamentals of Zen Buddhism. Katsuki S. Zen Practice. – Bishkek: MP “Odyssey”, 1993. – 672 p.
5. Androsov V. P. Buddhist classics of Ancient India, the Word of Buddha and treatises of Nagarjuna in translations from Pali, Sanskrit. – M.: Open World, 2008 . – 512 p.
6. Sri Ramana Maharshi: The Message of Truth and the Direct Path to Oneself. – L.: Tiruvannamalai: Sri Ramanasramam, 1991. – 192 p.
7. Suzuki D. T. Basic principles of Mahayana Buddhism. – M., 2002. – 382 p.
PHILOSOPHY. RIGHT. SOCIETY
SIDOROV Denis Nikolaevich
postgraduate student of Philosophy and cultural studies sub-faculty of the South Ural State Humanitarian Pedagogical University
THE CONNECTION BETWEEN THE INFORMATION ACTIVITY OF THE BRAIN AND HIGH CREATIVE PRODUCTIVITY: PERSPECTIVES AND RESEARCH
This article attempts to reveal the connection between the information activity of the brain and high creative productivity. The author reviews the existing research and puts forward assumptions about further prospects for studying the topic under consideration. Discusses various aspects of the information activity of the brain, such as perception, attention, memory and thinking, as well as their impact on creativity and creative productivity. Some methods of measuring the information activity of the brain are touched upon, such as functional magnetic resonance imaging (fMRT) and electroencephalography (EEF), which allow studying the activity of the human brain during the performance of creative tasks.
The The author refers to the results of studies that have determined the relationship between the activation of certain brain areas and high creative productivity. In addition, the importance of the concept of “flexibility of thinking”, that is, the ability of the brain to adapt to external conditions, generating new ideas and solutions, is discussed.
In conclusion, the author emphasizes the need for further study of a promising topic for a deeper understanding of the relationship between the information activity of the brain and the ability to think creatively. Understanding this connection can be useful in various fields such as education, art, science and business, as well as allowing the development of new methods that enhance the creativity of modern man.
Keywords: information activity, thinking, productivity, creativity, cognitive thinking, brainstorming, prefrontal cortex, brain.
Article bibliography
1. Anokhin K. V. Cognitom : in search of a fundamental neuroscientific theory of consciousness // I. P. Pavlov Journal of Higher Nervous Activity. 2021. Vol. 71. No. 1. P. 39-71. DOI: 10.31857/S0044467721010032.
2. Belova S. S . Creativity and executive functions: a review of foreign differential psychological studies // Modern foreign psychology. 2021. Vol. 10. No. 4. P. 44-54. DOI:10.17759/jmfp.2021100404.
3. Volkova E. N., Miklyaeva A. V., Khoroshikh V. V. Subjective prerequisites for psychological well-being of gifted people people // Psychological Science and Education. 2022. Vol. 27. No. 1. P. 92-103. DOI: 10.17759/pse.2022270108.
4. Grigoriev A. A., Sugonyaev K. V. Dynamics of the general factor intelligence and scientific progress in the 18th-20th centuries // Institute of Psychology of the Russian Academy of Sciences. Social and Economic Psychology. 2022. Vol. 7. No. 1 (25). P. 28-46. DOI:10.38098/ipran. sep_2022_25_1_02.
5. Zeigarnik B. V. Pathopsychology. Moscow: Yurait, 2022. 367 p.
6. Zirenko M. S., Kornilova T. V. Tolerance to uncertainty, intelligence, and personality traits: A cross-cultural study of Russian and American students // Bulletin of Moscow State Regional University. Series: Psychological Sciences. 2021. No. 1. P. 20-31. DOI: 10.18384/2310-7235-2021-1 -20-31.
7. Kozyakov R. V. Basic approaches to the development of professional creative thinking // New science: history of formation, current state, development prospects: collection. articles of the International scientific and practical conference: Novosibirsk, February 27, 2022 / Ed. A. A. Sukiasyan. Ufa: OMEGA SCIENCES, 2022. Pp. 154-157. [Electronic resource]. – Access mode: https:// www.elibrary.ru/item.asp?id=48031556&selid=48031672 (date accessed: 25.07.2023).
8. Concepts of creative thinking and the main approaches to its study [Electronic resource]// Modern foreign psychology . 2022. Volume 11. No. 4. [Electronic resource]. – Access mode: https://psyjournals.ru/journals/jmfp/archive/2022_n4/Kozyakov (date of access: 07/25/2023).
9. Maslow A. The Far Limits of the Human Psyche / Ed. N. Rimitsan . SPb.: Piter, 2022. 444 p.
10. Velichkovsky B. M., Knyazev G. G., Valueva E. A., Ushakov D. V. New approaches in the study of creative thinking: from the phenomenology of insight to objective methods and neural network models // Questions of Psychology. 2019. No. 3. P. 3-16. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=39207105 (date of access: 13.10.2022).
11. Rubtsov V. V., Kudryavtsev V. T. Thinking according to Vygotsky // Cultural-historical psychology. 2021. Vol. 17. No. 3. P. 160-161. DOI: 10.17759/chp.2021170320.
12. Kholodnaya M. A. “The splitting effect” of creativity indicators // Psychology creativity and giftedness: Collection of articles from the All-Russian scientific and practical conference with international participation:Moscow, November 15-17, 2021: In 3 parts. in 3 parts. Part 1 / Ed. by D. B. Bogoyavlenskaya. Moscow: Association of Technical Universities, 2021. Pp. 14-18. DOI: 10.53677/9785919160441_14_18.
13. Acar S., Burnett C., Cabra J. F. Ingredients of creativity: Originality and more // Creativity Research Journal. 2017. Vol. 29. No. 2. P. 133-144. DOI:10.1080/10400419.2017.1302776.
14. Perchtold-Stefan C. M., Fink A., Rominger C., Papousek I. Creative, antagonistic, and angry? Exploring the roots of malevolent creativity with a Real World idea generation task // The Journal of Creative Behavior. 2020. Vol. 55. No. 3. P. 710-722. DOI:10.1002/jocb.48.
15. Kapoor H., Kaufman J. C. Unbound: The Relationship Among Creativity, Moral Foundations, and Dark Personality // The Journal of Creative Behavior. 2022. Vol. 56. No. 2. P. 182-193. DOI:10.1002/jocb. 523.
16. Mercier M., Lubart T. The effects of board games on creative potential // Journal of Creative Behaviorthis. 2021. Vol. 55. No. 3. P. 875-885. DOI:10.1002/jocb. 494.
PHILOSOPHY. RIGHT. SOCIETY
KHISMATULLINA Galiya Galeevna
postgraduate student of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
SOLIDARITY AS A CRITERION FOR MORAL PROGRESS OF MODERN SOCIETY
The topic of solidarity inevitably appears in difficult, crisis times as one of the ways solving social problems. The author presents the idea that solidarity is an ambivalent form of integration and the forces that support the accumulation of solidarity within a small social group prevent the expansion of solidarity, i.e. “solidarity among one’s own” cannot automatically develop into “solidarity among strangers”, which, in the author’s opinion, is an indicator of the moral progress of society.
Keywords: solidarity, moral progress, expanded solidarity, solidarity among strangers.
Article bibliography
1. Durkheim E. On the division of social labor. The method of sociology. – Moscow: “Nauka”, 1991
2. Mead George Herbert. Consciousness, self and society / Mead D. – Moscow: Direct-Media, 2007. – 34 p. – [Electronic resource]. – Access mode: http://www.biblioclub.ru/index.php?page=book&id=26548 (date accessed: 20.04.2024).
3. Pozdyaeva S. M. Cultural modernization as the most important direction of social reform in modern Russia // Eurasian Law Journal. – 2016. – No. 9 (100). – P. 361-363.
4. Sautkina V. A. Public demand for solidarity: historical retrospective and modern reality // South-Russian Journal of Social Sciences. – 2019. – Vol. 20. No. 2. – P. 70-85.
5. Simonova O. A. Socio-cultural practices of cohesion in modern societies: characteristic features and research strategies. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sotsialno-kulturnye-praktiki-splochennosti-v-sovremennyh-obschestvah-harakternye-cherty-i-issledovatelskie-strategii-vvedenie-k/viewer (date of access: 22.04.2024).
6. Freud Z. Discontent with Culture. – [Electronic resource]. – Access mode: https://royallib.com/read/freyd_zigmund/nedovolstvo_kulturoy.html#0 (date of access: 22.04.2024).
7. Brunkhorst Hauke. Solidarität unter Fremden. – FISCHER Verlag GmbH, Frankfurt am Main 2014. – 221 p.
8. Clark Jeff R. und Dwight R. Lee (2011, 2015): Markt und Moral, in: Der Markt und seine moralischen Grundlagen, hrsg. von Ingo Pies. – Freiburg und München. – P. 12–76.
9. Habermas Jürgen. Nachmetaphysiches Denken. – Frankfurt am Main 1988. – P. 209.
10. Pies Ingo (2015): Solidarität unter Fremden – Zur moralischen Leistungsfähigkeit des Marktes, Diskussionspapier. – No. 2015–5. – ISBN 978-3-86829-774-4. – Martin-Luther-University of Halle-Wittenberg, Lehrstuhl für Wirtschaftsethik, Halle (Saale), – [Electronic resource]. – Access mode: https://nbn-resolving.de/urn:nbn:de:gbv:3:2-47319.
PHILOSOPHY. LAW. SOCIETY
SAMEDOV Aladdin Garash-ogly
postgraduate student of Philosophy and cultural studies sub-faculty of the Ufa University of Science and Technology
VIRTUAL REALITY OF PARMENIDES
The subject of the study is the reason that forced Parmenides to come to the conclusion that the world is an illusion. This reason is the content of consciousness, i.e. information, since pure consciousness does not contain information. For this purpose, the Existing is studied – as containing information. Being, consisting of pure consciousness, is also explored. With the help of virtual reality, which easily deceives consciousness, it is discovered that Parmenides took off the “helmet” of virtual reality from his eyes and took part in Genesis. According to Parmenides, it turns out that in Genesis, in the eternal world, where peace reigns, movement and multiplicity disappear. As a result, Parmenides comes to the conclusion that plurality is the opinion of people. Next, the problem of “is” is explored, from which Parmenides concludes that “is” has always been, and “not is” leads to ignorance. He asks the question: “How can non-existence become Being in the future”? In fact, it is not possible to step over and wait for the beginning. If Parmenides could separate information from Being, he could imagine a beginning only in Existence. And he could separate Existence from Being.
Research method or methodology: Analysis of the approaches of thinkers in the history of philosophy to the reality or illusion nature of the world. Comparing the views of ancient thinkers about the illusory nature of the world with the results of modern scientific achievements, partly with virtual reality technology.
The scientific novelty lies in the fact that only Existence exists and it consists of information that is absent in Being. Being does not exist. Being is eternal, unchanging, unborn and indestructible… since there is no information and movement there. It is one in is one, it simply is. Because Being is pure consciousness, in which there is no perception. Perception arises when consciousness acquires content. Therefore, without consciousness content is pure consciousness. And for pure consciousness the Existence disappears. In fact, Existence exists, but since it is not perceived by pure consciousness, consciousness concludes that the world is an illusion. But the world, with its instability and transience, is actually approaching an illusion.
Keywords: consciousness, pure consciousness, being, essence, movement, illusion, reality, virtuality, exists , non-existent
Article bibliography
1. Elkhova O. I. Ontological content of virtual reality. 2011. [Electronic resource]. – Access mode: https: //cheloveknauka.com/ontologicheskoe-soderzhanie-virtualnoy-realnosti (date of access: 27.01.2023).
2. Hellenic poets. VIII-III centuries BC. Epic. Elegich, Iamby, Melika / Resp. . ed. M. L. Gasparov. – M.: Ladomir, 1999. – 515 pp.
3. Russell B. History of Western philosophy. – Rostov-on-Don: Phoenix publishing house, 2002. – 992 pp.
4. Kudryashev A.F. Modern ontology: current problems // Bulletin of the Bashkir University. – 2009. – T. 14. No. 3 (I). – P. 119.
5. Kant I. Works in 8 volumes. T. 1 – M.: CHORO, 1994. – 544 pp.
6. Kant I. Critique of Pure Reason / Translated . with him. N. Lossky. – M.: Publishing house. Eximo, 2006. – 736 pp.
7. Heidegger M. Being and time / Trans. from Germ. V. V. Bibikhina. – 5th ed. – M.: Academichesky Proekt, 2015. – 460 p.
PHILOSOPHY. LAW. SOCIETY
ABDULLIN Arthur Faritovich
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch in Sterlitamak
ABDULOV Azamat Eduardovich
magister student of the 1st course of the Institute of Chemical Technology and Engineering of the Ufa State Petroleum Technical University, branch 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 Technical University, branch in Sterlitamak
THE GLOBAL SITUATION OF SOCIAL INTERACTION IN MODERN REALITIES
In the modern era of rapid globalization, internationalization of economic systems, integration into the global community, and the emergence of an open information and social global space, there has arisen a need for the development of intercultural interaction in diplomacy, trade, science, healthcare, and all spheres of professional activity. Intercultural communication can be defined as a set of various forms of communication between representatives of strikingly different cultures. Language serves as one of the key elements of communication, reflecting the unique environment in which a people’s culture exists. The most important consequence of these processes is the broad opportunities for interaction between bearers of different cultures, which has sparked scientific interest in the process, mechanisms, and conditions of intercultural interaction, mutual influence, interpenetration of cultures, and intercultural communication. The interaction of cultures takes place in a specific socio-cultural space in which cultures function and unfold their dialogue, which is essential for both the process of cultural interaction itself and its outcome. Slight changes in any element of this space can lead to serious transformations in intercultural interactions.
Keywords: language; worldview; contacts; globalization; transformation; functioning; interaction; conflict.
Article bibliography
1. Bakhtin N. B. Sociolinguistics and Sociology of Language – St. Petersburg, 2014. – P. 235.
2. Bibler B. C. From Science of Teaching to the Logic of Culture – Moscow: Politizdat, 2015. – P. 412.
3. Verbitsky A. A. Cross-cultural context of education and the formation of a new pedagogical paradigm // Higher education today. – 2018. – No. 8. – P. 28-31.
4. Vladimirova L. P. Intercultural communication in the modern world // Successes of modern science and education. – 2017. – No. 1. – P. 22-24.
5. Zelenina E. V. Basic approaches to the study of intercultural competence // Science and modern society: interaction and development. – 2016. – № 1. – P. 100-103.
6. Kurban E. N. Intercultural interaction and intercultural communication: towards defining aspects // Society and power. – 2013. – № 1. – P. 97-101.
7. Latypova E. R. Formation of intercultural competence of university students in the context of two-level training // Bulletin of Tver State University. Series: Pedagogy and Psychology. – 2016. – № 3. – P. 58-64.
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INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
3,570 ВСЕГО, 12 СЕГОДНЯ