CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №12(199)2024
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PERSONA GRATA
S. A. Buryanov:
Globalization, geopolitical confrontation and the new world order: status, problems, prospects
Interview with candidate of legal sciences, associate professor, scientific director of the Global Law Forum – an online community focused on achieving sustainable development, Sergey Anatolyevich Buryanov
INTERNATIONAL LAW
Aliev Sh. М., Kuzmin V. N., Marinchenko T. E.
Acts of international organizations as a basis for the formation of international legal regulation of the development of organic agriculture
Galitskaya N. V.
The role of the Eurasian Economic Union in ensuring food security of Russia
Drozdova M. A., Drozdov V. G., Eleskin N. V.
SCO transport integration as a driver of its development
Kremnev Р. Р.
The relationship and content of the terms “law of armed conflict” and “international humanitarian law” in Russian science of international law
Mishalchenko Yu. V. Sekste Yu. A.
International legal trends in ensuring security and balance of power in the Baltic region after Sweden and Finland joined NATO
Mukhametgareeva N. M., Yusupova Z. A.
Regulation of transboundary pollution and state responsibility: a study of international conventions and legal mechanisms
Polyak A. A.
Regulation of international settlements in Angola
Rwemalika M., Adu Ya. N.
The significance of the gacaca courts as transitional justice in the post-genocide period in the Republic of Rwanda
Shonin N. E.
On the realization of the sustainable development goals in the Middle East
Grineva D. V.
Improving the effectiveness of the implementation of universal criminal jurisdiction in the Russian Federation
Denisov M. A.
Environmental and legal regime of the Baltic maritime region: legal aspects of regional cooperation
Lopatukhin K. D.
Peculiarities of recognition and enforcement of investment arbitration awards in foreign countries
Makoeva R. Kh.
Protecting human rights in a warming world: the role of the UN human rights system
Monakhov G. D., Tushakov R. R.
The “One China” principle as a norm of international law
Piskunov K. V.
Evolution of the liability regime of the sea carrier of cargo in international law
Scobileva I. V., Makhonin D. D., Usachev A. S.
Climate change as a global issue of international law
Subhonzoda A. D.
International legal regulation of cooperation between the United Nations and international regional organizations in peacekeeping activities
Tonkoshtan A. R., Sokolova E. M., Petrenko E. G.
The impact of the Special military operation on Russia’s relations with other countries
Hanun Odai AM
Cooperation between States on combatting terrorism within the framework of the Organization of Islamic Cooperation
Trushkov I. I., Sukhanova D. I., Kutdusova A. V.
Legal conflicts in the regulation of maritime spaces: problems of the implementation of the UN Convention on the Law of the Sea
INTERNATIONAL PUBLIC LAW
Idelbaeva G. I., Minigulova E. R., Demidova T. K.
Problems of determining the legal nature of international treaties
INTERNATIONAL PRIVATE LAW
Grishin L. P.
The role of international organizations and associations in the implementation of a new system of securities accounting in cross-border transactions
Ivanov N. E.
The role of the international standard recording code (ISRC) in the context of cross-border protection and enforcement of copyrights for musical works
Kazakova S. P., Glinshikova T. V., Fomenko E. D.
Regulation of commercial relations in the field of cross-border trade in services using digital source technologies «lex mercatoria»
COMPARATIVE LAW
Belova Yu. N.
Comparative analysis of the legislation of the Russian Federation on procurement of certain types of legal entities and the legislation of the Republic of Kazakhstan on procurement of certain subjects of the quasi-public sector
THEORY OF STATE AND LAW
Agabalaev M. I.
The problem of defining the essence and characteristics of the state
Zolotukhina T. A., Vasilkova E. A.
On the issue of the concept of Russian legislation
Kadimova M. Sh.
About regulatory legal acts
Saitbatalova V. T.
Legal regulation in the field of computer games
Timofeeva T. F., Timofeev V. V.
On law enforcement approaches in the sphere of migration (using the example of the Chuvash Republic)
HISTORY OF STATE AND LAW
Berezina E. A.
The role of F. K. Savigny’s theory in the formation and development of a systematic approach in law
Berlyakov D. P.
National legal psychology of the East Slavic people in the historical and legal aspect
Bolshakova V. M.
Features and problems of legal regulation of the functioning of military courts in the judicial system of the Russian Federation
Ishmukhametov S. R.
The activities of states to counter aviation terrorism in the middle of the XX – beginning of the XXI century
Melkonyan V. G.
The history of the formation and development of the principle of unity of judicial practice in the pre-Soviet and Soviet periods of the Russian state
Novikova O. I., Rudman M. N.
Establishment of procedural institutions ensuring constitutional governance (part 1)
Perevozchikov A. V.
The problem of legislative consolidation of the status of local institutions of the Baltic entities on the basis of sources of particular law before joining the Russian Empire
CONSTITUTIONAL LAW
Baydarova M. A., Akberdiev T. A.
Extremism and counteraction issues by means of prosecutorial supervision
Belykh D. V.
Analysis of legislative measures of constitutional and legal responsibility of foreign countries
Gadzhiev A. Sh., Alikulieva N. T.
Freedom of competition in the Russian Federation as the economic foundation of the constitutional system
Dibirov Yu. S.
The right to life in Russian constitutional law
ADMINISTRATIVE LAW
Abdulazizova P. G., Gadzhieva Kh. V.
Administrative and legal regulation of compulsory insurance in the Russian Federation: problems and prospects
Ayubova Sh. I., Serkerov S. E., Abdulvagabov A. M.
The concept of administrative responsibility for environmental offenses
Demchenko N. V., Panfilova O. V., Dudaev A. B.
Improving the system of measures to prevent and suppress administrative offenses related to the illegal extraction of aquatic biological resources
Zinkov E. N., Davletov R. R., Tsodokov P. A.
Features of anti-corruption in the civil service of the Russian Federation
Kamalov I. F.
Genesis of the category of limits to the exercise of rights – from private law concept to tax law enforcement practice
Keramova S. N.
Some questions of control and supervision activities of Russia in the field of migration
Petrovskaya M. I.
The rights and freedoms of minors: peculiarities of their protection, problems and mechanisms of improvement of legislation in force on the territory of the Russian Federation
Sinkov I. A.
Control over the execution of administrative response acts adopted based on the results of control and supervisory activities
Stazhila M. Yu.
On the judicial procedure for imposing administrative punishments
Chumachenko A. Yu., Mikhaylov M. Ya.
Problematic issues of prevention of violations of the rules of behavior of minors at railway transport infrastructure facilities
MUNICIPAL LAW
Dibirov Yu. S.
Legal status of the head of a municipality in the Russian Federation
CIVIL LAW
Agibalova E. N., Kashleva O. V.
The right to appeal against the grounds for debt for dependent persons
Biryukov S. Yu., Trubchaninov A. V.
On the directions of improving the system of using DFA as a counter provision for cross-border transactions in the context of western sanctions
Gaymaleeva A. T.
Estoppel as protection against conflicting counterparty behavior in contractual relations: theory and practice
Gasanov Z. U., Pavlova A. L.
Basic methods for calculating rent in modern economic conditions: issues of law and judicial practice
Grigorjeva I. M.
Protection of citizen image rights: problems and solutions
Zdorovtseva A. A.
Commercial lease agreement for residential premises of specialized housing stock
Ivanova L. A., Ignatov D. S.
Legal aspects of the implementation of administrative functions in relation to the common joint property of spouses
Iontsev M. A.
Exceptions to the ban on transactions with digital currency
Kotelnikov N. V.
The legal regime of intangible objects obtained as a result of the use of artificial intelligence
Mardieva E. R.
Problems of legal regulation of trademarks as objects of intellectual activity
Oleynik A. D.
Sources of tax law in Nigeria
Popova V. O.
Conclusion of civil contracts by spouses
Prokhorko T. N.
Alternative dispute resolution: development prospects
Rezyapova G. F.
About some problems of property disputes between spouses under the legislation of the Russian Federation
Sobolev A. A., Kazankova T. N.
Deadlock as a type of corporate conflict
Safina S. D.
Protocol of disagreements in the public procurement system
Smirnov P. V., Rusakova E. P.
On the issue of the balance of rights and interests of participants in consumer legal relations
Stepanenko O. G., Stepanenko Yu. S.
Problems of digital currency inheritance
Shukhov F. G.
Issues of regulatory and legal regulation of labor protection when working with pathogens
Shchavelev A. V.
Digital rights inheritance
Yastremskiy I. A.
The legal basis and purpose of the conclusion of Rospotrebnadzor in a dispute between a patient and a plastic surgery clinic
Volodina K. E.
The legal nature of the contract for the performance of design and survey work
Korotenko A. F.
Problems of legal regulation of digital ecosystems and platforms
Selivenko D. A.
Legal possibilities of the notary as a non-judicial form of protection in some foreign countries
Telnov A. V.
Protection against defamation of the reputation of bodies and persons acting on behalf of and in the interests of the State in the Republic of South Africa
Yastremskiy I. A.
Legal features of plastic surgery in Russian plastic surgery clinics for foreign citizens living abroad
CIVIL PROCESS
Tolchev I. M.
On the issue of the limits of judicial discretion in civil proceedings
Yakhiyaev Sh. Sh.
Comparative analysis of simplified proceedings in the civil process
FINANCIAL LAW
Rozhdestvenskaya T. E., Kartashov A. V.
Public law aspects of countering greenwashing in the financial market
Alekhin V. A., Morozova N. S.
Legal basis for the fund method of financing innovative pharmaceutics for the purposes of implementing the Pharma-2030 strategy
Zakharov E. A.
On the issue of the “tax amnesty” of 2024
Kulakova D. V.
Interaction of the Financial Commissioner with public authorities
Khamidullin T. R.
Assessment of the role of a tax concept of beneficial ownership to income within the system of tax instruments restricting the applicability of reduced withholding tax rates in the Russian Federation
CORPORATE LAW
Kozhokar A. P.
Legal regulation of notarial control when pledging a share or part of a share in the authorized capital of limited liability companies
Konyushkevich V. D.
Legal aspects and typical terms of venture capital investment deals in China
INFORMATION LAW
Abdusalamov R. A., Ibragimov M. A.
Ensuring the information security of minors
Pekshev A. V.
Procedure for providing telemedicine: current aspects of improvement
Abdusalamov R. A., Magdilova L. V., Gadzhieva A. M.
Legal aspects of personal data protection in digital profile
DIGITAL LAW
Morozova N. S.
Current directions for improving legislation in the field of introducing artificial intelligence technologies into medical practice
CRIMINAL LAW
Aksenov A. N., Samoylova I. N., Smolyaninov E. S.
Judicial discretion in sentencing for violent crimes
Gitinova M. M., Sultanakhmedova B. Z.
Concept of justice and preliminary investigation
Dolgushina L. V., Stupina S. A.
Non-execution of a court verdict, court decision or other judicial act: some issues of establishing objective signs
Zhelokov N. V.
Certain aspects of legislative regulation of the process of achieving the goals of punishment for long periods of imprisonment under the Criminal Code of the Russian Federation
Zaryaev V. A., Solodovchenko D. D.
The constitutional principle of humanism as the basis of criminal legislation: problems of implementation in foreign countries
Kraskovskiy Ya. E., Nuykina K. I.
On the need to reform Article 154 of the Criminal Code of the Russian Federation
Lavrinov V. V.
Problematic issues of determining the subject of contraband in the criminal legislation of the Russian Federation and the Republic of Armenia
Levandovskaya M. G.
Problems of the relationship between mercenarism and acts prohibited by Article 208 of the Criminal Code of the Russian Federation
Nagibin V. L.
Improvement of measures of criminal legal impact applied to convicts with drug and alcohol dependence
Rubanov V. A., Markov A. I.
The historical formation of Russian criminal law on murders
Stupina S. A., Dolgushina L. V.
Hooliganism committed with the threat of violence
Sypchenko A. V., Otroshchenko K. D.
Measures to prevent illicit trafficking in narcotic drugs and psychotropic substances at the federal and regional levels
Taova L. Yu., Kozarenko Yu. I.
Socially dangerous act in the form of inaction – problems of qualification
Trofimtseva S. Yu.
Features of criminalization of unlawful influence on computer information of critical infrastructure facilities in the national law of Russia and certain foreign states
Unterov V. A.
Characteristics of the level of violent crimes committed by convicts in correctional institutions
Chochueva Z. A., Kappusheva Kh. R.
Subjective signs of crimes in the field of illegal circulation of medicines
Gitinova M. M., Mirzaev S. M.
The importance of judicial and doctrinal interpretation of criminal law
Grigoryan A. A.
Boundaries of criminal behavior in medical-biological research
Dzonik E. V.
Criminal and legal characteristics of crimes in the sphere of circulation of falsified, substandard, unregistered medicines and medical devices
Lysenko R. V.
On the prospects of recognizing a carrier of artificial intelligence as a subject of criminal legal relations
Mamedov T. S.
Analysis of the corpus delicti for non-compliance with safety regulations during the construction or demolition of buildings (structures) in the criminal law of the Republic of Azerbaijan (review of Article 222 of the Criminal Code of the Republic of Azerbaijan)
Pichugin S. A.
Criminal liability for creation of non-profit organizations that infringe on the personality and rights of citizens (Article 239 of the Criminal Code of the Russian Federation): regulation and law enforcement
Radchenko A. L.
Features of the implementation of criminal liability for the use of violence against employees of places of deprivation of liberty or places of detention
Stepakov D. A.
On the issue of using information about a crime treated at the stage of initiation of a criminal case in proving
CRIMINAL PROCESS
Baychorova F. Kh.
To the question of proving in criminal proceedings
Batchaeva A. A.
Types of conciliation procedures in criminal proceedings in Russia
Vnukova D. R.
On the issue of bringing a person as an accused
Isaibova S. A.
Synergy of technology and law: the prospect of using artificial intelligence in the criminal process of Russia
Klishin V. V.
Specificity of investigation of crimes in the form of inquiry: in general and abbreviated order
Kozlov V. V.
Issues of detaining a suspect in modern realities
Kulcharova A. V.
Monetary penalty as another measure of procedural coercion in pre-trial proceedings in Russia
Lukyanchikova V. V.
On the issues of the use of coercion and the possibility of seizure of objects of evidentiary value during the examination
Magomedbakirov Sh. M., Isaibova S. A.
Problems of overcoming the procedural inequality of defense and prosecution
Nevskiy R. E., Ogrisko P. A.
Understanding of looting in the Russian doctrine of criminal law
Sinkevich V. V., Shevchuk I. V.
Analysis of the activities of the appellate court in declaring evidence inadmissible (based on materials of judicial practice in criminal cases)
Tokareva E. V., Khorsheva V. S.
Interrogation of the accused: problems and ways to resolve them
Torovkov A. A.
Features of the suspension of a criminal case on the grounds provided for in paragraph 3.1 of Part 1 of Article 208 of the Code of Criminal Procedure of the Russian Federation
Terentjev A. V., Andrienko V. A.
Legal regulation of prevention of offenses in operational and investigative activities
Dranichnickova N. V.
The institute of procedural costs in criminal proceedings in Russia and foreign countries: general and special
Magomedbakirov Sh. M., Isaibova S. A.
Ethics and limits of lawyer’s independence in criminal proceedings
Ostapenko M. V.
Objective limits of judicial discretion in the domestic criminal procedure
Sidorova N. O.
Use of genetic data in criminal proceedings
Tarasenko D. V.
On the question of the transformation of the nature of investigative action in the Russian criminal process
Al Khazraji H. F. A.
Measures of criminal procedural coercion in Russia and Iraq: guarantees of individual rights
CRIMINAL-EXECUTIVE LAW
Lyadov E. V.
Practice of implementing the institute of replacing imprisonment with a more mild type of punishment and resocialization of convicts
Tolchenkina M. E.
Family capacity of persons sentenced to imprisonment: the concept, classification and features of its implementation
Lukjyanov A. V.
The labor of persons serving a sentence of imprisonment as a determinant of official crime in institutions and bodies of the penal system
Tsarkova E. G., Kraeva N. V.
Aspects of application of artificial intelligence technologies in the activities of the Penal System of the Russian Federation
CRIMINALISTICS
Afanasjeva V. I.
The algorithm of the investigator’s work to identify unidentified corpses
Buevich O. L.
Methods of studying the personality of the accused (suspect) during the investigation of crimes
Vesyolin V. V., Vnukov V. I.
Modern technical and forensic means used for fingerprinting
Vasiljev D. V.
Documents material evidence in investigation of crimes related to their forgery
Evlushina D. N.
Criminalistic characteristics of crimes related to human trafficking
Makogon I. V., Bezverkhova S. V.
Video recording as an element of forensic technology used in the course of investigative actions
Nazarkin E. V., Novikova L. V.
Features of the tactics of conducting an investigative experiment during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions that provide isolation from society
Udovichenko V. S., Shebalin A. V., Shelepov K. A.
On the issue of the use of non-State information systems in ensuring the production of investigative actions
Firsov G. V., Sigerich M. Ya.
Possibilities of establishing the identity of a person with signs of certain diseases
Shavkarova E. E., Buevich O. L.
Investigative inspection: the concept and types
Shamshina O. S., Vasiljev D. V.
Aspects of appointing a forensic technical expertise based on the limitation of execution of details in a document
Khayrusov D. S.
On the issue of improving the legal regulation of the use of firearms and non-lethal weapons by police officers
Khaliullina A. F.
Criminalistic methods of preventing juvenile delinquency
Khayrusov D. S.
Countering crime in the era of digital society: the forensic aspect
Kamalov M. R.
Investigative actions aimed at detecting materially fixed information during the investigation of thefts committed at retail enterprises
Taytubaeva L. M.
The use of unmanned aircraft in recording criminally significant information during the inspection of the scene
Yachmeneva M. A.
On the issue of the situation of crimes related to drug trafficking committed with the participation of minors
CRIMINOLOGY
Asmandiyarova N. R.
Application of the questionnaire method in teaching anti-corruption disciplines
Ilikbaeva E. S., Nesterenok Yu. V.
Prevention of extremist and terrorist hate crimes
Nasreddinova K. A.
Factors influencing the commission of indecent acts, taking into account the analysis of the personality of the criminal
Goncharov Yu. N.
Violent crime and its motivation
Puzarin R. O.
Criminological characteristics of a person who committed a crime under Article 148 of the Criminal Code of the Russian Federation
Fedorov A. F.
Prevention by district police officers of crimes related to illegal document trafficking
LAW ENFORCEMENT AGENCIES
Belova S. N., Zakharova E. E., Soboleva M. M.
The problem of insufficient physical training of the employees of the investigative department of the Ministry of Internal Affairs of the Russian Federation
Golodov P. V., Chetina A. A.
Separate problems of legal regulation of interaction of subjects of re-socialization, social adaptation and social rehabilitation of persons registered in the penal inspection
Kushkhov Kh. L., Mashukov A. S.
On some aspects of professional competence of a police officer
Malkova L. L.
Criteria for assessing individual need for re-socialization, social adaptation and social rehabilitation in the process of probation: content and ways of improvement
Nazarova M. G.
About some ethical problems in the activities of an employee of the penal enforcement system and a civil servant
Tomas A. V., Sargsyan A. S., Poptsov R. V.
Problems of moral and psychological preparation for the use of physical force by a police officer of the Russian Federation
Kharaev A. A., Martynenko O. V.
Organizational and methodological foundations of fire training using airsoft weapons in educational organizations of the Ministry of Internal Affairs of Russia
PROSECUTOR’S SUPERVISION
Magomedov Sh. M.
The acts of prosecutorial response and their types in the Commonwealth of Independent States
SECURITY AND LAW
Varlamov S. A., Kochesokov R. Kh.
Improving the training system for suppression of terrorist activities
Zhurtov A. B., Dikinov A. Kh.
Criminal liability for crimes in the field of computer information in Russia
Pekshev A. V.
On the issue of legislative provision of drug safety
Toryanikova I. V., Kotlyarova O. N.
Information counteraction to extremism: usage of social networks, commercial platforms in identifying accounts of extremist orientation
Kushkhov Kh. L., Shorov A. A.
Main directions of counteraction to destructive ideology on the Internet
PEDAGOGY AND LAW
Agabalaev M. I.
Problems of interaction between the activities of juvenile affairs units in the prevention of neglect and juvenile delinquency with educational institutions
Zorina N. S., Tsarkova E. G.
About the problems of psychocorrection of juvenile convicts
Karamelskiy R. V., Yaitskaya E. A.
Trends in the transition from traditional teaching materials to digital educational resources
Korkmazov A. V.
Legal protection of human development and personality development as a single educational process
Kuchmezov R. A.
The legal principles of a teacher defining pedagogical activity in teaching disciplines to university students
Ustinova O. V., Zakharova A. V.
The right of students to engage in physical education at the university: the pedagogical aspect
Zorina N. S.
Formation of professional culture of cadets of educational organizations of the penal enforcement system of the Russian Federation
Shalagina A. K., Kochesokov R. Kh.
Issues of moral and psychological readiness of students of departmental universities to perform professional tasks
Khalmetov T. A., Yaitskaya E. A.
Ways of forming professional qualities in the educational process of a departmental university
Korkmazov A. V.
Legal norms regulating innovative methods of socio-pedagogical prevention of deviant behavior among adolescents
PSYCHOLOGY AND LAW
Ardashev R. G., Lozhkina N. V.
Problems of bullying and cyberbullying in educational institutions
Klimov S. N., Razinkova O. I., Zaitsev E. A.
On the importance and necessity of psychological rehabilitation of SMO participants and their families (using the method of clinical psychologist E. Zaitsev)
SPORTS LAW
Asadullin M. R.
Institutionalization of sports rules: current state and development prospects
LANGUAGE AND LAW
Makaeva G. Z., Makaev Kh. F., Kazymova T. S.
Peculiarities of the legislative framework as a kind of official business style
ECONOMY. LAW. SOCIETY
Matevosova E. K.
Automated intelligent agent in the digital realities of the development of the Russian legal system: innovations in legislation and judicial practice
Suleymanova R. R.
Features of using a digital approach in brand promotion
Elyakov A. L.
Efficiency of using liquefied natural gas for heat energy production in the Arctic regions of the Republic of Sakha (Yakutia)
Chumlyakov K. S., Chumlyakova D. V.
Typology of transport infrastructure links by level of adaptability to internationalization
Vezlomtseva S. G.
Serial production in the penitentiary system
Shepelev I. V., Kodochigova D. A.
Decarbonization of Russian oil and gas companies: challenges and opportunities
Elyakov A. L.
Financial analysis of the activities of joint-stock company hockey committee «Yakutugol» for 2021 – 2023
PHILOSOPHY. LAW. SOCIETY
Abdulaeva I. A., Demeshko N. V., Iskandyrova L. A.
The phenomenon of civil society: a philosophical-religious concept
Vorobjev D. V., Shmeleva N. V.
“Intuition”, “intelligence” and “instinct” in the teaching about creative evolution of Henri Bergson
Parilov O. V., Shcherbakova M. P., Alexandrina N. M.
Ethical and existential consequences of total digitalization and the introduction of artificial intelligence
Terebikhin N. M., Zaykov K. S., Sorokin S. E.
Semiotics of the traditional sociocultural space of the Russian North
Tukhvatullin R. R., Shayakhmetov F. F.
Memory policy and commemorative practices in the consolidation of Russian society in the context of modern challenges (on the example of the Republic of Bashkortostan)
Farkhitdinova O. M.
Attribution of esotericism in the context of modern scientific models
Zakharov A. V.
The origins of Russian socio-cultural Pre-emergence in late Byzantium and modernity
Vasyutin I. D., Gilimova Z. F.
The role of the family in the philosophy of Russian conservatism in the middle of the XIX-early XX centuries
Lebedeva N. V.
Social myth as a factor of self-maintenance of the equilibrium of the social system
BOOK REVIEW
Ardashev R. G.
The social focus of corruption in sports (review of the monograph by V. N. Turkova “Sociological analysis of corruption in sports”)
S. A. Buryanov:
Globalization, geopolitical confrontation and the new world order: status, problems, prospects
Interview with candidate of legal sciences, associate professor, scientific director of the Global Law Forum – an online community focused on achieving sustainable development, Sergey Anatolyevich Buryanov
INTERNATIONAL LAW
Aliev Sh. М., Kuzmin V. N., Marinchenko T. E.
Acts of international organizations as a basis for the formation of international legal regulation of the development of organic agriculture
Galitskaya N. V.
The role of the Eurasian Economic Union in ensuring food security of Russia
Drozdova M. A., Drozdov V. G., Eleskin N. V.
SCO transport integration as a driver of its development
Kremnev Р. Р.
The relationship and content of the terms “law of armed conflict” and “international humanitarian law” in Russian science of international law
Mishalchenko Yu. V. Sekste Yu. A.
International legal trends in ensuring security and balance of power in the Baltic region after Sweden and Finland joined NATO
Mukhametgareeva N. M., Yusupova Z. A.
Regulation of transboundary pollution and state responsibility: a study of international conventions and legal mechanisms
Polyak A. A.
Regulation of international settlements in Angola
Rwemalika M., Adu Ya. N.
The significance of the gacaca courts as transitional justice in the post-genocide period in the Republic of Rwanda
Shonin N. E.
On the realization of the sustainable development goals in the Middle East
Grineva D. V.
Improving the effectiveness of the implementation of universal criminal jurisdiction in the Russian Federation
Denisov M. A.
Environmental and legal regime of the Baltic maritime region: legal aspects of regional cooperation
Lopatukhin K. D.
Peculiarities of recognition and enforcement of investment arbitration awards in foreign countries
Makoeva R. Kh.
Protecting human rights in a warming world: the role of the UN human rights system
Monakhov G. D., Tushakov R. R.
The “One China” principle as a norm of international law
Piskunov K. V.
Evolution of the liability regime of the sea carrier of cargo in international law
Scobileva I. V., Makhonin D. D., Usachev A. S.
Climate change as a global issue of international law
Subhonzoda A. D.
International legal regulation of cooperation between the United Nations and international regional organizations in peacekeeping activities
Tonkoshtan A. R., Sokolova E. M., Petrenko E. G.
The impact of the Special military operation on Russia’s relations with other countries
Hanun Odai AM
Cooperation between States on combatting terrorism within the framework of the Organization of Islamic Cooperation
Trushkov I. I., Sukhanova D. I., Kutdusova A. V.
Legal conflicts in the regulation of maritime spaces: problems of the implementation of the UN Convention on the Law of the Sea
INTERNATIONAL PUBLIC LAW
Idelbaeva G. I., Minigulova E. R., Demidova T. K.
Problems of determining the legal nature of international treaties
INTERNATIONAL PRIVATE LAW
Grishin L. P.
The role of international organizations and associations in the implementation of a new system of securities accounting in cross-border transactions
Ivanov N. E.
The role of the international standard recording code (ISRC) in the context of cross-border protection and enforcement of copyrights for musical works
Kazakova S. P., Glinshikova T. V., Fomenko E. D.
Regulation of commercial relations in the field of cross-border trade in services using digital source technologies «lex mercatoria»
COMPARATIVE LAW
Belova Yu. N.
Comparative analysis of the legislation of the Russian Federation on procurement of certain types of legal entities and the legislation of the Republic of Kazakhstan on procurement of certain subjects of the quasi-public sector
THEORY OF STATE AND LAW
Agabalaev M. I.
The problem of defining the essence and characteristics of the state
Zolotukhina T. A., Vasilkova E. A.
On the issue of the concept of Russian legislation
Kadimova M. Sh.
About regulatory legal acts
Saitbatalova V. T.
Legal regulation in the field of computer games
Timofeeva T. F., Timofeev V. V.
On law enforcement approaches in the sphere of migration (using the example of the Chuvash Republic)
HISTORY OF STATE AND LAW
Berezina E. A.
The role of F. K. Savigny’s theory in the formation and development of a systematic approach in law
Berlyakov D. P.
National legal psychology of the East Slavic people in the historical and legal aspect
Bolshakova V. M.
Features and problems of legal regulation of the functioning of military courts in the judicial system of the Russian Federation
Ishmukhametov S. R.
The activities of states to counter aviation terrorism in the middle of the XX – beginning of the XXI century
Melkonyan V. G.
The history of the formation and development of the principle of unity of judicial practice in the pre-Soviet and Soviet periods of the Russian state
Novikova O. I., Rudman M. N.
Establishment of procedural institutions ensuring constitutional governance (part 1)
Perevozchikov A. V.
The problem of legislative consolidation of the status of local institutions of the Baltic entities on the basis of sources of particular law before joining the Russian Empire
CONSTITUTIONAL LAW
Baydarova M. A., Akberdiev T. A.
Extremism and counteraction issues by means of prosecutorial supervision
Belykh D. V.
Analysis of legislative measures of constitutional and legal responsibility of foreign countries
Gadzhiev A. Sh., Alikulieva N. T.
Freedom of competition in the Russian Federation as the economic foundation of the constitutional system
Dibirov Yu. S.
The right to life in Russian constitutional law
ADMINISTRATIVE LAW
Abdulazizova P. G., Gadzhieva Kh. V.
Administrative and legal regulation of compulsory insurance in the Russian Federation: problems and prospects
Ayubova Sh. I., Serkerov S. E., Abdulvagabov A. M.
The concept of administrative responsibility for environmental offenses
Demchenko N. V., Panfilova O. V., Dudaev A. B.
Improving the system of measures to prevent and suppress administrative offenses related to the illegal extraction of aquatic biological resources
Zinkov E. N., Davletov R. R., Tsodokov P. A.
Features of anti-corruption in the civil service of the Russian Federation
Kamalov I. F.
Genesis of the category of limits to the exercise of rights – from private law concept to tax law enforcement practice
Keramova S. N.
Some questions of control and supervision activities of Russia in the field of migration
Petrovskaya M. I.
The rights and freedoms of minors: peculiarities of their protection, problems and mechanisms of improvement of legislation in force on the territory of the Russian Federation
Sinkov I. A.
Control over the execution of administrative response acts adopted based on the results of control and supervisory activities
Stazhila M. Yu.
On the judicial procedure for imposing administrative punishments
Chumachenko A. Yu., Mikhaylov M. Ya.
Problematic issues of prevention of violations of the rules of behavior of minors at railway transport infrastructure facilities
MUNICIPAL LAW
Dibirov Yu. S.
Legal status of the head of a municipality in the Russian Federation
CIVIL LAW
Agibalova E. N., Kashleva O. V.
The right to appeal against the grounds for debt for dependent persons
Biryukov S. Yu., Trubchaninov A. V.
On the directions of improving the system of using DFA as a counter provision for cross-border transactions in the context of western sanctions
Gaymaleeva A. T.
Estoppel as protection against conflicting counterparty behavior in contractual relations: theory and practice
Gasanov Z. U., Pavlova A. L.
Basic methods for calculating rent in modern economic conditions: issues of law and judicial practice
Grigorjeva I. M.
Protection of citizen image rights: problems and solutions
Zdorovtseva A. A.
Commercial lease agreement for residential premises of specialized housing stock
Ivanova L. A., Ignatov D. S.
Legal aspects of the implementation of administrative functions in relation to the common joint property of spouses
Iontsev M. A.
Exceptions to the ban on transactions with digital currency
Kotelnikov N. V.
The legal regime of intangible objects obtained as a result of the use of artificial intelligence
Mardieva E. R.
Problems of legal regulation of trademarks as objects of intellectual activity
Oleynik A. D.
Sources of tax law in Nigeria
Popova V. O.
Conclusion of civil contracts by spouses
Prokhorko T. N.
Alternative dispute resolution: development prospects
Rezyapova G. F.
About some problems of property disputes between spouses under the legislation of the Russian Federation
Sobolev A. A., Kazankova T. N.
Deadlock as a type of corporate conflict
Safina S. D.
Protocol of disagreements in the public procurement system
Smirnov P. V., Rusakova E. P.
On the issue of the balance of rights and interests of participants in consumer legal relations
Stepanenko O. G., Stepanenko Yu. S.
Problems of digital currency inheritance
Shukhov F. G.
Issues of regulatory and legal regulation of labor protection when working with pathogens
Shchavelev A. V.
Digital rights inheritance
Yastremskiy I. A.
The legal basis and purpose of the conclusion of Rospotrebnadzor in a dispute between a patient and a plastic surgery clinic
Volodina K. E.
The legal nature of the contract for the performance of design and survey work
Korotenko A. F.
Problems of legal regulation of digital ecosystems and platforms
Selivenko D. A.
Legal possibilities of the notary as a non-judicial form of protection in some foreign countries
Telnov A. V.
Protection against defamation of the reputation of bodies and persons acting on behalf of and in the interests of the State in the Republic of South Africa
Yastremskiy I. A.
Legal features of plastic surgery in Russian plastic surgery clinics for foreign citizens living abroad
CIVIL PROCESS
Tolchev I. M.
On the issue of the limits of judicial discretion in civil proceedings
Yakhiyaev Sh. Sh.
Comparative analysis of simplified proceedings in the civil process
FINANCIAL LAW
Rozhdestvenskaya T. E., Kartashov A. V.
Public law aspects of countering greenwashing in the financial market
Alekhin V. A., Morozova N. S.
Legal basis for the fund method of financing innovative pharmaceutics for the purposes of implementing the Pharma-2030 strategy
Zakharov E. A.
On the issue of the “tax amnesty” of 2024
Kulakova D. V.
Interaction of the Financial Commissioner with public authorities
Khamidullin T. R.
Assessment of the role of a tax concept of beneficial ownership to income within the system of tax instruments restricting the applicability of reduced withholding tax rates in the Russian Federation
CORPORATE LAW
Kozhokar A. P.
Legal regulation of notarial control when pledging a share or part of a share in the authorized capital of limited liability companies
Konyushkevich V. D.
Legal aspects and typical terms of venture capital investment deals in China
INFORMATION LAW
Abdusalamov R. A., Ibragimov M. A.
Ensuring the information security of minors
Pekshev A. V.
Procedure for providing telemedicine: current aspects of improvement
Abdusalamov R. A., Magdilova L. V., Gadzhieva A. M.
Legal aspects of personal data protection in digital profile
DIGITAL LAW
Morozova N. S.
Current directions for improving legislation in the field of introducing artificial intelligence technologies into medical practice
CRIMINAL LAW
Aksenov A. N., Samoylova I. N., Smolyaninov E. S.
Judicial discretion in sentencing for violent crimes
Gitinova M. M., Sultanakhmedova B. Z.
Concept of justice and preliminary investigation
Dolgushina L. V., Stupina S. A.
Non-execution of a court verdict, court decision or other judicial act: some issues of establishing objective signs
Zhelokov N. V.
Certain aspects of legislative regulation of the process of achieving the goals of punishment for long periods of imprisonment under the Criminal Code of the Russian Federation
Zaryaev V. A., Solodovchenko D. D.
The constitutional principle of humanism as the basis of criminal legislation: problems of implementation in foreign countries
Kraskovskiy Ya. E., Nuykina K. I.
On the need to reform Article 154 of the Criminal Code of the Russian Federation
Lavrinov V. V.
Problematic issues of determining the subject of contraband in the criminal legislation of the Russian Federation and the Republic of Armenia
Levandovskaya M. G.
Problems of the relationship between mercenarism and acts prohibited by Article 208 of the Criminal Code of the Russian Federation
Nagibin V. L.
Improvement of measures of criminal legal impact applied to convicts with drug and alcohol dependence
Rubanov V. A., Markov A. I.
The historical formation of Russian criminal law on murders
Stupina S. A., Dolgushina L. V.
Hooliganism committed with the threat of violence
Sypchenko A. V., Otroshchenko K. D.
Measures to prevent illicit trafficking in narcotic drugs and psychotropic substances at the federal and regional levels
Taova L. Yu., Kozarenko Yu. I.
Socially dangerous act in the form of inaction – problems of qualification
Trofimtseva S. Yu.
Features of criminalization of unlawful influence on computer information of critical infrastructure facilities in the national law of Russia and certain foreign states
Unterov V. A.
Characteristics of the level of violent crimes committed by convicts in correctional institutions
Chochueva Z. A., Kappusheva Kh. R.
Subjective signs of crimes in the field of illegal circulation of medicines
Gitinova M. M., Mirzaev S. M.
The importance of judicial and doctrinal interpretation of criminal law
Grigoryan A. A.
Boundaries of criminal behavior in medical-biological research
Dzonik E. V.
Criminal and legal characteristics of crimes in the sphere of circulation of falsified, substandard, unregistered medicines and medical devices
Lysenko R. V.
On the prospects of recognizing a carrier of artificial intelligence as a subject of criminal legal relations
Mamedov T. S.
Analysis of the corpus delicti for non-compliance with safety regulations during the construction or demolition of buildings (structures) in the criminal law of the Republic of Azerbaijan (review of Article 222 of the Criminal Code of the Republic of Azerbaijan)
Pichugin S. A.
Criminal liability for creation of non-profit organizations that infringe on the personality and rights of citizens (Article 239 of the Criminal Code of the Russian Federation): regulation and law enforcement
Radchenko A. L.
Features of the implementation of criminal liability for the use of violence against employees of places of deprivation of liberty or places of detention
Stepakov D. A.
On the issue of using information about a crime treated at the stage of initiation of a criminal case in proving
CRIMINAL PROCESS
Baychorova F. Kh.
To the question of proving in criminal proceedings
Batchaeva A. A.
Types of conciliation procedures in criminal proceedings in Russia
Vnukova D. R.
On the issue of bringing a person as an accused
Isaibova S. A.
Synergy of technology and law: the prospect of using artificial intelligence in the criminal process of Russia
Klishin V. V.
Specificity of investigation of crimes in the form of inquiry: in general and abbreviated order
Kozlov V. V.
Issues of detaining a suspect in modern realities
Kulcharova A. V.
Monetary penalty as another measure of procedural coercion in pre-trial proceedings in Russia
Lukyanchikova V. V.
On the issues of the use of coercion and the possibility of seizure of objects of evidentiary value during the examination
Magomedbakirov Sh. M., Isaibova S. A.
Problems of overcoming the procedural inequality of defense and prosecution
Nevskiy R. E., Ogrisko P. A.
Understanding of looting in the Russian doctrine of criminal law
Sinkevich V. V., Shevchuk I. V.
Analysis of the activities of the appellate court in declaring evidence inadmissible (based on materials of judicial practice in criminal cases)
Tokareva E. V., Khorsheva V. S.
Interrogation of the accused: problems and ways to resolve them
Torovkov A. A.
Features of the suspension of a criminal case on the grounds provided for in paragraph 3.1 of Part 1 of Article 208 of the Code of Criminal Procedure of the Russian Federation
Terentjev A. V., Andrienko V. A.
Legal regulation of prevention of offenses in operational and investigative activities
Dranichnickova N. V.
The institute of procedural costs in criminal proceedings in Russia and foreign countries: general and special
Magomedbakirov Sh. M., Isaibova S. A.
Ethics and limits of lawyer’s independence in criminal proceedings
Ostapenko M. V.
Objective limits of judicial discretion in the domestic criminal procedure
Sidorova N. O.
Use of genetic data in criminal proceedings
Tarasenko D. V.
On the question of the transformation of the nature of investigative action in the Russian criminal process
Al Khazraji H. F. A.
Measures of criminal procedural coercion in Russia and Iraq: guarantees of individual rights
CRIMINAL-EXECUTIVE LAW
Lyadov E. V.
Practice of implementing the institute of replacing imprisonment with a more mild type of punishment and resocialization of convicts
Tolchenkina M. E.
Family capacity of persons sentenced to imprisonment: the concept, classification and features of its implementation
Lukjyanov A. V.
The labor of persons serving a sentence of imprisonment as a determinant of official crime in institutions and bodies of the penal system
Tsarkova E. G., Kraeva N. V.
Aspects of application of artificial intelligence technologies in the activities of the Penal System of the Russian Federation
CRIMINALISTICS
Afanasjeva V. I.
The algorithm of the investigator’s work to identify unidentified corpses
Buevich O. L.
Methods of studying the personality of the accused (suspect) during the investigation of crimes
Vesyolin V. V., Vnukov V. I.
Modern technical and forensic means used for fingerprinting
Vasiljev D. V.
Documents material evidence in investigation of crimes related to their forgery
Evlushina D. N.
Criminalistic characteristics of crimes related to human trafficking
Makogon I. V., Bezverkhova S. V.
Video recording as an element of forensic technology used in the course of investigative actions
Nazarkin E. V., Novikova L. V.
Features of the tactics of conducting an investigative experiment during the investigation of illicit trafficking in narcotic drugs and psychotropic substances in institutions that provide isolation from society
Udovichenko V. S., Shebalin A. V., Shelepov K. A.
On the issue of the use of non-State information systems in ensuring the production of investigative actions
Firsov G. V., Sigerich M. Ya.
Possibilities of establishing the identity of a person with signs of certain diseases
Shavkarova E. E., Buevich O. L.
Investigative inspection: the concept and types
Shamshina O. S., Vasiljev D. V.
Aspects of appointing a forensic technical expertise based on the limitation of execution of details in a document
Khayrusov D. S.
On the issue of improving the legal regulation of the use of firearms and non-lethal weapons by police officers
Khaliullina A. F.
Criminalistic methods of preventing juvenile delinquency
Khayrusov D. S.
Countering crime in the era of digital society: the forensic aspect
Kamalov M. R.
Investigative actions aimed at detecting materially fixed information during the investigation of thefts committed at retail enterprises
Taytubaeva L. M.
The use of unmanned aircraft in recording criminally significant information during the inspection of the scene
Yachmeneva M. A.
On the issue of the situation of crimes related to drug trafficking committed with the participation of minors
CRIMINOLOGY
Asmandiyarova N. R.
Application of the questionnaire method in teaching anti-corruption disciplines
Ilikbaeva E. S., Nesterenok Yu. V.
Prevention of extremist and terrorist hate crimes
Nasreddinova K. A.
Factors influencing the commission of indecent acts, taking into account the analysis of the personality of the criminal
Goncharov Yu. N.
Violent crime and its motivation
Puzarin R. O.
Criminological characteristics of a person who committed a crime under Article 148 of the Criminal Code of the Russian Federation
Fedorov A. F.
Prevention by district police officers of crimes related to illegal document trafficking
LAW ENFORCEMENT AGENCIES
Belova S. N., Zakharova E. E., Soboleva M. M.
The problem of insufficient physical training of the employees of the investigative department of the Ministry of Internal Affairs of the Russian Federation
Golodov P. V., Chetina A. A.
Separate problems of legal regulation of interaction of subjects of re-socialization, social adaptation and social rehabilitation of persons registered in the penal inspection
Kushkhov Kh. L., Mashukov A. S.
On some aspects of professional competence of a police officer
Malkova L. L.
Criteria for assessing individual need for re-socialization, social adaptation and social rehabilitation in the process of probation: content and ways of improvement
Nazarova M. G.
About some ethical problems in the activities of an employee of the penal enforcement system and a civil servant
Tomas A. V., Sargsyan A. S., Poptsov R. V.
Problems of moral and psychological preparation for the use of physical force by a police officer of the Russian Federation
Kharaev A. A., Martynenko O. V.
Organizational and methodological foundations of fire training using airsoft weapons in educational organizations of the Ministry of Internal Affairs of Russia
PROSECUTOR’S SUPERVISION
Magomedov Sh. M.
The acts of prosecutorial response and their types in the Commonwealth of Independent States
SECURITY AND LAW
Varlamov S. A., Kochesokov R. Kh.
Improving the training system for suppression of terrorist activities
Zhurtov A. B., Dikinov A. Kh.
Criminal liability for crimes in the field of computer information in Russia
Pekshev A. V.
On the issue of legislative provision of drug safety
Toryanikova I. V., Kotlyarova O. N.
Information counteraction to extremism: usage of social networks, commercial platforms in identifying accounts of extremist orientation
Kushkhov Kh. L., Shorov A. A.
Main directions of counteraction to destructive ideology on the Internet
PEDAGOGY AND LAW
Agabalaev M. I.
Problems of interaction between the activities of juvenile affairs units in the prevention of neglect and juvenile delinquency with educational institutions
Zorina N. S., Tsarkova E. G.
About the problems of psychocorrection of juvenile convicts
Karamelskiy R. V., Yaitskaya E. A.
Trends in the transition from traditional teaching materials to digital educational resources
Korkmazov A. V.
Legal protection of human development and personality development as a single educational process
Kuchmezov R. A.
The legal principles of a teacher defining pedagogical activity in teaching disciplines to university students
Ustinova O. V., Zakharova A. V.
The right of students to engage in physical education at the university: the pedagogical aspect
Zorina N. S.
Formation of professional culture of cadets of educational organizations of the penal enforcement system of the Russian Federation
Shalagina A. K., Kochesokov R. Kh.
Issues of moral and psychological readiness of students of departmental universities to perform professional tasks
Khalmetov T. A., Yaitskaya E. A.
Ways of forming professional qualities in the educational process of a departmental university
Korkmazov A. V.
Legal norms regulating innovative methods of socio-pedagogical prevention of deviant behavior among adolescents
PSYCHOLOGY AND LAW
Ardashev R. G., Lozhkina N. V.
Problems of bullying and cyberbullying in educational institutions
Klimov S. N., Razinkova O. I., Zaitsev E. A.
On the importance and necessity of psychological rehabilitation of SMO participants and their families (using the method of clinical psychologist E. Zaitsev)
SPORTS LAW
Asadullin M. R.
Institutionalization of sports rules: current state and development prospects
LANGUAGE AND LAW
Makaeva G. Z., Makaev Kh. F., Kazymova T. S.
Peculiarities of the legislative framework as a kind of official business style
ECONOMY. LAW. SOCIETY
Matevosova E. K.
Automated intelligent agent in the digital realities of the development of the Russian legal system: innovations in legislation and judicial practice
Suleymanova R. R.
Features of using a digital approach in brand promotion
Elyakov A. L.
Efficiency of using liquefied natural gas for heat energy production in the Arctic regions of the Republic of Sakha (Yakutia)
Chumlyakov K. S., Chumlyakova D. V.
Typology of transport infrastructure links by level of adaptability to internationalization
Vezlomtseva S. G.
Serial production in the penitentiary system
Shepelev I. V., Kodochigova D. A.
Decarbonization of Russian oil and gas companies: challenges and opportunities
Elyakov A. L.
Financial analysis of the activities of joint-stock company hockey committee «Yakutugol» for 2021 – 2023
PHILOSOPHY. LAW. SOCIETY
Abdulaeva I. A., Demeshko N. V., Iskandyrova L. A.
The phenomenon of civil society: a philosophical-religious concept
Vorobjev D. V., Shmeleva N. V.
“Intuition”, “intelligence” and “instinct” in the teaching about creative evolution of Henri Bergson
Parilov O. V., Shcherbakova M. P., Alexandrina N. M.
Ethical and existential consequences of total digitalization and the introduction of artificial intelligence
Terebikhin N. M., Zaykov K. S., Sorokin S. E.
Semiotics of the traditional sociocultural space of the Russian North
Tukhvatullin R. R., Shayakhmetov F. F.
Memory policy and commemorative practices in the consolidation of Russian society in the context of modern challenges (on the example of the Republic of Bashkortostan)
Farkhitdinova O. M.
Attribution of esotericism in the context of modern scientific models
Zakharov A. V.
The origins of Russian socio-cultural Pre-emergence in late Byzantium and modernity
Vasyutin I. D., Gilimova Z. F.
The role of the family in the philosophy of Russian conservatism in the middle of the XIX-early XX centuries
Lebedeva N. V.
Social myth as a factor of self-maintenance of the equilibrium of the social system
BOOK REVIEW
Ardashev R. G.
The social focus of corruption in sports (review of the monograph by V. N. Turkova “Sociological analysis of corruption in sports”)
PERSONA GRATA
S. A. Buryanov:
Globalization, geopolitical confrontation and the new world order: status, problems, prospects
Interview with candidate of legal sciences, associate professor, scientific director of the Global Law Forum – an online community focused on achieving sustainable development, Sergey Anatolyevich Buryanov
INTERNATIONAL LAW
ALIEV Shamil Murtuzovich
Ph. D. in Law, assistant of International law sub-faculty, M. V. Lomonosov Moscow State University, senior researcher of the Federal State Budgetary Scientific Institution “Rosinformagrotech”
KUZMIN Valeriy Nikolaevich
Ph.D. in Economical Sciences, Head of Department, chief researcher of the Federal State Budgetary Scientific Institution “Rosinformagrotech”
MARINCHENKO Tatyana Evgenjevna
researcher of the Federal State Budgetary Scientific Institution “Rosinformagrotech”
ACTS OF INTERNATIONAL ORGANIZATIONS AS A BASIS FOR THE FORMATION OF INTERNATIONAL LEGAL REGULATION OF THE DEVELOPMENT OF ORGANIC AGRICULTURE
Organic agriculture, as a special direction of agricultural production, requires separate legislative regulation due to the specifics of relations arising in the process of production, sale and marketing of products, the presence of internationally recognized standards and certification procedures. Currently, a unified management system, regulatory and legislative frameworks controlling the production of organic products are being formed in the country, while in the EU and the USA these stages of formation have been passed.
For further improvement of the legislation of the Russian Federation, it seems appropriate to turn to the experience of legal regulation of organic agriculture issues accumulated over the past decades by various international organizations.
Keywords: international intergovernmental organizations, Food and Agriculture Organization of the United Nations, IFOAM, organic agriculture, production of organic products.
Article bibliography
1. Dadaev Ya. E. Modern approaches to defining the concept of organic agriculture // Bulletin of the Chechen State University. – 2020. – No. 2 (38).
2 Morgera E., Caro K., Duran G. Organic agriculture and law. – Rome, 2015.
3. Codex Alimentarius Commission. Procedure Guide. – Rome, 2011.
INTERNATIONAL LAW
GALITSKAYA Natalya Vladimirovna
Ph.D. in Law, associate professor, North-West Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
The role of the Eurasian Economic Union in ensuring food security of russia
The article analyzes the role of the Eurasian Economic Union and the Commonwealth of Independent States in increasing food security of Russia and other member states. The study revealed the ineffectiveness of cooperation within the EAEU, and proposes to create a supranational control and supervisory body that will be able to ensure that countries fulfill their obligations.
Keywords: food security, EAEU, Russia, CIS, food crisis, Concept.
Article bibliography
1. Barinov V. A. Information technologies in the activities of customs authorities // XXI century: humanitarian and technical sciences: Collection of materials of the XIII-th international in-person and correspondence scientific-practical conference, Moscow, October 16, 2024. – Moscow: Scientific Publishing Center “Izdaniye”, 2024. – P. 111-114.
2. Galitskaya N. V. Structure of the system of administrative and legal support of food security in Russia // Administrative law and process. – 2023. – No. 12. – P. 48-52. DOI 10.18572/2071-1166-2023-12-48-52. EDN XMKOTP.
3. Bratanovsky S. N. Certain aspects of administrative responsibility in the field of business security in Russia // Business Security. – 2016. – No. 1. – P. 20-25. – EDN VOIOLV.
4. Barinov V. A. Non-tariff regulation of foreign economic activity // Novellas of law, economics and management 2021: Collection of scientific papers based on the materials of the VII international scientific and practical conference, Gatchina, November 26-27, 2021. Volume 2. – Gatchina: State Institute of Economics, Finance, Law and Technology, 2022. – P. 363-365. EDN QYKACW.
5. Galitskaya N. V. Administrative and legal aspects of ensuring environmental safety of citizens’ life in Russia // Bulletin of the Voronezh State University. Series: Law. – 2017. – No.3 (30). – P. 101-107. – EDN ZSIRER.
6. Galitskaya N. V. Ensuring food security of Russia within the Eurasian space // Bulletin of the Saratov State Law Academy. – 2024. – No. 5 (160). – P. 63-69. – DOI 10.24412/2227-7315-2024-5-63-69. EDN GFXSAZ.
INTERNATIONAL LAW
DROZDOVA Mariya Alexandrovna
Ph.D. in Law, associate professor, associate professor of History, philosophy, political science and sociology sub-faculty, Emperor Alexander I St. Petersburg State University of Railways
DROZDOV Vladislav Georgievich
master student, Emperor Alexander I St. Petersburg State University of Railways
ELESKIN Nikita Vladimirovich
independent researcher
SCO TRANSPORT INTEGRATION AS A DRIVER OF ITS DEVELOPMENT
The article studies the transport aspect of integration processes within the framework of the Shanghai Cooperation Organization (SCO). Regionalization has become the leading trend of interstate cooperation at the current stage of international relations. In the current complex geopolitical situation, when new centers of power are being formed in the world, the SCO has received additional impulses for development. The transport and logistics area of cooperation, which plays a central role in integration processes, requires actualization and development of new legal solutions. Both existing political obstacles and technical and technological barriers should be taken into account in the formation of a new roadmap for cooperation between states. The result of integration processes within the framework of the organization should be the formation of a common transport space serving as a basis for the development of trade and economic relations. Building a sustainable format of cooperation in the field of transport will ensure effective economic integration of the SCO country and implementation of the ESG agenda goals in the transport and logistics sphere.
Keywords: international law, international legal regulation of transport, integration associations, SCO, transport integration.
Article bibliography
1. Charter of the Shanghai Cooperation Organization / Proceedings of the SCO Congress 07.06.2002, St. Petersburg.
2. Economic perspective of the SCO. [Electronic resource]. – Access mode: https://www.gosrf.ru/ekonomicheskij-rakurs-shos/ (date accessed: 21.10.2024).
3. The program of multilateral trade and economic cooperation of the member states of the Shanghai Cooperation Organization. Proceedings of the SCO Congress. 23.09. 2003.
4. Speech by SCO Secretary General Zhang Ming at the Ninth Meeting of the SCO Ministers of Transport. [Electronic resource]. – Access mode: http://rus.sectsco.org/archive_news/20220513/836568.html (date accessed: 10.05.2024).
5. The Seventh Meeting of the SCO Ministers of Transport. [Electronic resource]. – Access mode: http://sco-russia.ru/news/20150515/1013389171.html (date accessed: 20.10.2024).
6. China’s trade turnover with the SCO countries increased by 26% in the first eight months of 2022. [Electronic resource]. – Access mode: https://chinalogist.ru/news/tovarooborot-knr-so-stranami-shos-za-vosem-mesyacev-2022-goda-vyros-na-26-22797?ysclid=l9gph2bkkq262432471 (date accessed: 20.10.2024)
7. Economic perspective of the SCO. [Electronic resource]. – Access mode: https://www.gosrf.ru/ekonomicheskij-rakurs-shos/ (date of access: 21.10.2024).
8. Fursova E. A., Voronov A. A. Formation, functioning and development of the international market of transport and logistics services. St. Petersburg, 2024. 66 p.
INTERNATIONAL LAW
KREMNEV Petr Petrovich
Ph.D. in Law, professor of International law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
THE RELATIONSHIP AND CONTENT OF THE TERMS “LAW OF ARMED CONFLICT” AND “INTERNATIONAL HUMANITARIAN LAW” IN RUSSIAN SCIENCE OF INTERNATIONAL LAW
Until recently, the branch of international public law regulating the sphere of interstate relations during armed conflicts was called the “law of armed conflicts” (LOAC). Since the end of the 20th century, the concept of “international humanitarian law” (IHL) has become widespread in legal doctrine, the main content of which is to alleviate the fate of victims of such conflicts. The publication analyzes the legal doctrine of the content of the terms and concepts of LOAC and IHL in the context of conventional norms and the legal consequences of the beginning of armed conflicts.
Keywords: Geneva Conventions of 1949, law of armed conflict, international humanitarian law.
Article bibliography
1. Aleshin V. V. Legal regulation of armed conflictsin and its role in ensuring the security of the Russian Federation. Abstract of the dissertation … Doctor of Law. – M., 2007.
2. Artsybasov I. N., Lukashuk I. I. Law of armed conflicts // Course of international law. In 7 volumes. – M., 1992. – Vol. 6. – Pp. 218-307.
3. Batyr V. A. International humanitarian law: Textbook for universities. – M., 2011.
4. David E. Principles of the law of armed conflicts. ICRC, 2000.
5. Egorov S. A. Armed conflicts and international law. Abstract of the dissertation … Doctor of Law. – M., 1999.
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19. Ostazhewski P. The Cold War and Post Cold war and Armed Conflocts. General Overview // Remembrance and Justice. 2019. #2. P. 70-94. . [Electronic resource]. – Access mode: https://mail.rambler.ru/r/view/INBOX/10422?cache_id=2146788526&part_id=2.
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INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economical sciences, professor, professor of State and international law sub-faculty, St. Petersburg State Marine Technical University
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, associate professor of Theory, history of state and law, social and economic disciplines sub-faculty, St. Petersburg Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
INTERNATIONAL LEGAL TRENDS IN ENSURING SECURITY AND BALANCE OF POWER IN THE BALTIC REGION AFTER SWEDEN AND FINLAND JOINED NATO
Negotiations on the accession of Sweden and Finland to NATO ended with the admission of two Northern European countries into a military alliance. These two countries, especially Sweden, have maintained a neutral status in international politics for a long time. In turn, the accession of Finland and Sweden to NATO poses threats to Russia’s national security in both the Baltic and Arctic regions.
Keywords: International law, Baltic region, Arctic region, Russian Federation, USA, Sweden, Finland, NATO, international relations, armed forces
Article bibliography
1. Khudoley K. Finland, Sweden and NATO: the process has begun, Russia in global politics. 2022. [Electronic resource]. – Access mode: https://globalaffairs.ru/articles/finlyandiya-shvecziya-i-nato/ (date of access: 07/28/2023).
2. Vorotnikov V. V. The Baltic States in NATO: results of the decade // Bulletin of MGIMO – University. 2014. No. 6 (39). P. 9-17. https://doi.org/10.24833/2071-8160-2014-6-39-9-17 (Accessed: 28.07.2023).
3. Vladimir Putin’s Munich Speech (2007) – RIA Novosti, 11.02.2022 (ria.ru) (Accessed: 30.07.2023).
4. Dahl A. S. NORDEFCO and NATO: «Smart Defence» in the North? // Research Paper. Research Division – NATO Defence College. 2014. Rome, No. 101. May. P. 1-12
5. Smirnov P. E. Evolution of US Political Priorities in the Baltic Sea Region in the Second Decade of the 21st Century // Baltic Region. 2020. Vol. 12, No. 3. P. 4-25. [Electronic resource]. – Access mode: https:// doi.org/10.5922/2079-8555-2020-3-1 p. 16 (date of access: 30.07.2023).
6. The effects of Finland’s possible NATO membership, an assessment // Ministry for Foreign Affairs of Finland. 2016. April. 64 p
7. Kislitsyn S. V. Military-political cooperation of the United States with Finland and Sweden at the present stage // VesSt. Petersburg University. International Relations. 2018. Vol. 11, Issue 4. Pp. 376-389. [Electronic resource]. – Access mode: https://doi.org/10.21638/11701/spbu06.2018.
8. Voronov K. V. Northern Neutralism: Historical Ending or Transformation? // Modern Europe. 2018. No. 1. Pp. 80-89. [Electronic resource]. – Access mode: http://dx.doi.org/10.15211/soveurope120188089 p.88 (date of access: 30.07.2023).
9. Boldyreva S. Yu., Boldyrev R. Yu., Ragozin G. S. “Hidden Union” or “Freedom from Unions”? Discussions in Sweden and Finland on Possible NATO Accession in 1991-2016 // Baltic Region. 2020. Vol. 12, No. 2. Pp. 23-39. doi: 10.5922/2079-8555-2020-2-2 (accessed: 30.07.2023).
10. Bowman B., Brobst R., Sullivan J., Hardie J. Finland and Sweden in NATO are strategic assets, not liabilities, Defense News. 2022. [Electronic resource]. – Access mode: htpps://www.defensenews.com/opinion/com-mentary/2022/07/20/finland-and-sweden-in-nato-are-strategic-assets-not-liabilities/ (date of access: 30.07.2023).
11. Lokker N., Townsend J., Hautala H., Kendall-Taylor A. How Finnish and Swedish NATO accession could shape the future Russian threat a report of the transatlantic forum on Russia, CNAS Transatlantic Forum on Russia. 2023. [Electronic resource]. – Access mode: https://www.cnas.org/publications/reports/how-finnish-and-swedish-nato-accession-could-shape-the-future-russian-threat (date of access: 31.07.2023).
12. Kramnik I. New NATO expansion makes the Arctic a more dangerous region // Nezavisimaya Gazeta. 2023. [Electronic resource]. – Access mode: https://www.ng.ru/kartblansh/2023-07-24/3_8781_kb.html (date of access: 27.07.2023).
13. Mellen R., Moriarty D., Ledur J. Four maps explain how Sweden and Finland could alter NATO’s security // The Washington Post. 2023. [Electronic resource]. – Access mode: www.washingtonpost.com/world/2023/07/11/nato-sweden-finland-maps/ (date of access: 27.07.2023).
14. Ovcharuk A.P. NATO turns the Baltic Sea into a region of instability, IMEMO RAS. 2022. [Electronic resource]. – Access mode: https://www.imemo.ru/news/events/text/nato-turns-the-baltic-sea-into-a-re-gion-of-instability (date of access: 23.07.2023).
15. Statement by the Russian Foreign Ministry in connection with the sending by the Russian Federation of notifications to the states parties to the Treaty on Conventional Armed Forces in Europe (CFE Treaty), Ministry of Foreign Affairs of the Russian Federation, 09.06.2023. [Electronic resource]. – Access mode: htpps://www.mid.ru/ru/foreign_policy/news/1886348/ (date of access: 26.07.2023).
16. CSTO summit. 16.05.2022. Website of the President of Russia. [Electronic resource]. – Access mode: htpps://www.kremlin.ru/events/president/news/68418 (date of access: 27.07.2022).
17. Mayorov M., Nabiev Kh., Popov D. The accession of Sweden and Finland to NATO: the Arctic aspect (electronic publication). [Electronic resource]. – Access mode: www.globalaffairs.ru (date of access: 28.07.2023).
18. Baltic zugzwang: Russia responded to the possibility of NATO expansion at the expense of the Nordic countries. [Electronic resource]. – Access mode: www.rbc.ru (date of access: 28.07.2023).
19. Nemchenko Yu. Risks of a clash between Russia and NATO forces are growing // Izvestia. April 13, 2023 // Izvestia [Electronic resource]. – Access mode: www.iz.ru (date of access: 28.07.2023).
INTERNATIONAL LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology.
REGULATION OF TRANSBOUNDARY POLLUTION AND STATE RESPONSIBILITY: A STUDY OF INTERNATIONAL CONVENTIONS AND LEGAL MECHANISMS
The study is devoted to the analysis of mechanisms for regulating transboundary environmental pollution and the distribution of state responsibility within the framework of current international law. Based on a comparative analysis of key international conventions, the authors identify the existing legal instruments and their effectiveness in preventing and minimizing the negative effects of transboundary environmental pollution. Special attention is paid to the problems of law enforcement, including the lack of monitoring, difficulties in establishing cause-and-effect relationships between the source of pollution and the damage caused, as well as mechanisms for collective decision-making in conditions of conflict of interests of sovereign states. The results of the study make it possible to formulate recommendations for improving international cooperation in the field of transboundary pollution regulation and strengthening international responsibility for the environmentmental violations.
Keywords: transboundary pollution, law enforcement, environmental safety, international responsibility.
Article bibliography
1. Anisimov A. P., Ryzhenkov A. Ya., Isakova Yu. I. Environmental law of Russia: textbook and practical course for universities. – 9th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 432 p.
2. Bogolyubov S. A. Actual problems of environmental law: monograph. – Moscow: Yurait Publishing House, 2024. – 498 p.
3. Erofeev B. V. Environmental law of Russia. General part: textbook for universities / Under the scientific editorship of L. B. Bratkovskaya. – 27th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 230 p.
4. Khlyudeneva N. I., Ponomarev M. V., Kichigin N. V. Environmental Law: a textbook for universities. – 6th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 221 p.
5. Ermolova, M. A. International Environmental Law and Nature Protection Regimes: a textbook for universities. – Moscow: Yurait Publishing House, 2024. – 149 p.
6. Nigmatullin R. V., Suleimanova R. R. Coordination of States’ Efforts in the Fight Against Modern Challenges and Threats // Eurasian Law Journal. – 2020. – No. 11 (150). – pp. 428-431.
INTERNATIONAL LAW
POLYAK Alexey Alexandrovich
Ph.D. in Law
REGULATION OF INTERNATIONAL SETTLEMENTS IN ANGOLA
This article examines the regulation of international settlements in Angola, focusing on the legal framework and economic conditions affecting foreign trade. The study analyzes the sources of national and international legislation governing these settlements, focusing on Angola’s Commercial Code and Currency Law, and discusses the relationship between local legislation and international conventions. The main findings show that the legal framework is shaped by a complex relationship between public and private law, and the National Bank of Angola has imposed strict exchange controls. The analysis highlights the main arrangements for import and export transactions, the authorized forms of payment, and the mandatory reporting and compliance requirements imposed on banking institutions. The conclusion of the study notes, in particular, is that in order to effectively navigate this legal landscape, Russian companies involved in trade with Angolan counterparties need to carefully assess the legal framework and financial stability of their partners.
Keywords: international settlements, legal regulation, foreign trade, currency control, cross-border transactions.
Article bibliography
1. Erpyleva N. Yu. International banking law: theory and practice of application. Moscow: National Research University Higher School of Economics, 2012. 671 p. – ISBN: 9785759807858
2. Efimova L. G., Alekseeva D. G. et al. Banking law. Textbook for bachelors. M.: Prospekt, 2014. 318 pp. – ISBN: 9785392137541
3. Frolova E. E., Zankovsky S. S., Dudin M. N., Zinkovsky S. B., Kirsanov A. N. Studying concepts of the breakthrough economic reforms in selected developed and developing countries and regions of the world: economic and legal aspect // Journal of Advanced Research in Law and Economics. 2018. No. 9 (4). P. 1236-1242;
4. Dudin M. N., Frolova E. E., Artemieva J. A., Rusakova E. P., Gugunskiy D. A. New format of interrelation between the countries of Africa and Russia: problems and perspectives of relations development // Man in India. 2016. No. 10 (96). P. 3493-3501.
INTERNATIONAL LAW
RWEMALIKA Mireya
magister student of the 2nd course of Theory and history of international relations sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
ADU Yao Nikaz
Ph.D. in Law, associate professor of Theory and history of international relations sub-faculty, Expert of the Center for Applied Analysis of International Transformations, Patrice Lumumba Peoples’ Friendship University of Russia; associate professor of Theory of state and law and constitutional law sub-faculty, Orenburg State University
THE SIGNIFICANCE OF THE GACACA COURTS AS TRANSITIONAL JUSTICE IN THE POST-GENOCIDE PERIOD IN THE REPUBLIC OF RWANDA
The year 2024 marks the anniversary of one of the tragic events of humanity at the end of the 20th century: the genocide of the Tutsi and moderate Hutus in the Republic of Rwanda. In addition to the International Criminal Court for Rwanda, which has been established under the auspices of the UN in 1994, the Gacaca courts have played an important role in establishing justice, punishing perpetrators and national reconciliation.
The purpose of this article is to highlight the significant role of the Gacaca courts to transitional justice in Rwanda.
Keywords: crime of genocide, transitional justice, international criminal law, International Criminal Tribunal for Rwanda, Gacaca courts, Republic of Rwanda.
Article bibliography
1. Neil J. Kritz. Transitional Justice: How Emerging Democracies Reckon with Former Regimes. – Volume 1. – US Institute of Peace Press, 1995. – 672 p.
2. Pradhan D. H. (2020) A Critical Analysis of Transitional Justice and Rule of Law in Post-Authoritarian Democracies. – P. 225-229. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/340067247_A_Critical_Analysis_of_Transitional_Justice_and_Rule_of_Law_in_Post-Authoritarian_Democracies.
3. David J Simon. Unhappy anniversary: Lessons learned from a tragic retreat 25 years ago. Genocide Studies Program, Yale University. – 2019. – East Timor Bibliography. – [Electronic resource]. – Access mode: https://gsp.yale.edu/resources/bibliographies/east-timor-bibliography.
4. Fitria N. (2023) Exploring the Impact of Human Rights on Diplomatic Relations: A Comparative Analysis of State Interactions. – [Electronic resource]. – Access mode: https://doi.org/10.59141/comserva.v3i1.755. – C 306-312.
5. About transitional justice and human rights (2023). – [Electronic resource]. – Access mode: https://www.ohchr.org/en/transitional-justice/about-transitional-justice-and-human-rights.
6. What Is Transitional Justice? (2023). – [Electronic resource]. – Access mode: https://www.ictj.org/what-transitional-justice.
7. David R. (2017) What We Know About Transitional Justice: Survey and Experimental Evidence. – [Electronic resource]. – Access mode: https://onlinelibrary.wiley.com/doi/10.1111/pops.12395.
8. United Nations, United Nations Human Rights Office of the High Commissioner. About transitional justice and human rights (2023). – [Electronic resource]. – Access mode: https://www.ohchr.org/en/transitional-justice/about-transitional-justice-and-human-rights.
9. The free dictionary by Farlex. Gacaca (2016). – [Electronic resource]. – Access mode: https://www.thefreedictionary.com/gacaca.
10. Gasanabo J. et al. (2020) Rwanda’s Inyangamugayo: Perspectives from Practitioners in the Gacaca Transitional Justice Mechanism. – Article 11. – Volume 14. – P. 154-172. – [Electronic resource]. – Access mode: https://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=1642&context=gsp.
11. O’Reilly C. and Zhang Yi. The Gacaca Courts: Traditional Dispute Resolution in Post-Genocide Rwanda (July 19, 2016). – [Electronic resource]. – Access mode: https://ssrn.com/abstract=2679193 or http://dx.doi.org/10.2139/ssrn.2679193.
12. Pruitt R. W. (2017) Crime and punishment in Rwanda. Contemporary Justice Review. – 20.2. – P. 193-210. – [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/full/10.1080/10282580.2017.1311822.
13. Lahiri K. (2009) Rwanda’s ‘Gacaca’ Courts A Possible Model for Local Justice in International Crime? // International criminal law review. – No. 9(2). – P. 321-332. – [Electronic resource]. – Access mode: https://doi.org/10.1163/157181209×418544.
14. O’Reilly C. and Zhang C. (2016) The Gacaca Courts: Traditional Dispute Resolution in Post-Genocide Rwanda // Social Science Research Network. – P. 24. – [Electronic resource]. – Access mode: https://doi.org/10.2139/ssrn.2679193.
15. Penal reform international. The contribution of the Gacaca juridictions to resolving cases arising from the Genocide. 60. – [Electronic resource]. – Access mode: https://cdn.penalreform.org/wp-content/uploads/2013/06/Gacaca_final_2010_en.pdf.
16. Ingelaere B. (2014) The gacaca courts in Rwanda. In: L. Huyse and M. Salter, eds. 2008. Traditional justice and reconciliation mechanisms after violent conflict: learning from African experiences. – Stockholm: International Idea, 2008. – P. 25-59. – [Electronic resource]. – Access mode: https://www.academia.edu/7417135/The_gacaca_courts_in_Rwanda_In_L_Huyse_and_M_Salter_eds_2008_Traditional_justice_and_reconciliation_mechanisms_after_violent_conflict_learning_from_African_experiences_Stockholm_International_Idea_2008_25_59.
17. Møse E. (2005) Main Achievements of the ICTR // Journal of international criminal justice. – No. 3(4). – P. 920-943. – [Electronic resource]. – Access mode: https://doi.org/10.1093/jicj/mqi068.
18. The ICTR in Brief (2015). – [Electronic resource]. – Access mode: https://unictr.irmct.org/en/tribunal.
19. Rettig M. (2008) Gacaca: Truth, Justice, and Reconciliation in Postconflict Rwanda? // African studies review. – No. 51(3). – P. 25-50. – [Electronic resource]. – Access mode: https://doi.org/10.1353/arw.0.0091.
20. William A. Schabas. Genocide Trials and Gacaca Courts // Journal of international Criminal justice. – 2005. – P. 879-895. – [Electronic resource]. – Access mode: https://doi.org/10.1093/jicj/mqi062.
INTERNATIONAL LAW
SHONIN Nikolay Egorovich
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty, Institute of Law, Ufa University of Science and Technologies, Honored Worker of Higher Education of the Russian Federation
ON THE REALIZATION OF THE SUSTAINABLE DEVELOPMENT GOALS IN THE MIDDLE EAST
The actuality of this research consists in the fact that after the disintegration of the USSR the USA became the single superpower, what was offered for the USA and the NATO-states as a whole an incentive to escalate the struggle for its domination in the world. Such situation has a negative influence on the achievement of the sustainable development goals which were formulated in the 2030 Agenda for Sustainable Development, adopted on September 25, 2015 by all the member states of the UN. These goals are directed at the solution of the social problems, which provide not only the survival, but also a life of dignity for all the mankind. Inasmuch as the solution of all these problems is impossible without sufficient supply of energy, we shall analyze the problems of supply of energy in the Middle East countries as a region, which acute need the achievement of the sustainable development goals especially in consequence of a new escalation of the military-political situation in this region, and the role of Russia in the solution of problems of energy supply. It should be noted that the achievement of the sustainable development goals is possible only under the conditions of establishing a fair multipolar world which is guaranteed by Russia and China which have successfully restored its power.
The objective of this research is to analyse the state of energy supply in the Middle East countries without which the achievement of the sustainable development goals is impossible in economics, employment and education.
Keywords: UNO, Middle East, the sustainable development goals, energy supply, sources of energy, atomic energy, diversification of the sources of energy, education.
Article bibliography
1. Nigmatullin, R. V. Middle Eastern vector of the oil and gas strategy of the Russian Federation // Eurasian Law Journal. – 2020. – No. 12 (151). – P. 18-21.
2. Kortunov P. A. Rosatom projects in the Middle East: development prospects and potential challenges (2020): Report No. 61/2020 / [P. A. Kortunov]; Russian International Affairs Council (RIAC). – M.: NP RIAC, 2020. – P. 4-36.
INTERNATIONAL LAW
GRINEVA Darya Vladimirovna
postgraduate student of International law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
IMPROVING THE EFFECTIVENESS OF THE IMPLEMENTATION OF UNIVERSAL CRIMINAL JURISDICTION IN THE RUSSIAN FEDERATION
In the article, the author examines the legal status and the possibility of States exercising jurisdiction on the basis of the principle of universality. The approaches to the development of the term “universal criminal jurisdiction” are analyzed, attention is drawn to the main unresolved problem in the application of universal criminal jurisdiction: the lack of a fixed list of falling crimes under it. The author of the article also reflects controversial situations with the application of universal criminal jurisdiction: identification with the protective principle and the principle of aut dedere aut judicare – similarities and differences with universal criminal jurisdiction are given. Further, the article discusses the problems of investigating international crimes based on the application of universal criminal jurisdiction, primarily related to the implementation of international crimes into national legislation. The criminal legislation of the Russian Federation provides for the application of universal criminal jurisdiction on the basis of part 3 of Article 12 of the Criminal Code of the Russian Federation, however, on one condition – the existence of an international treaty providing for this or another document of an international character recognized on the territory of the Russian Federation. Consequently, the grounds for the application of universal criminal jurisdiction are rather narrowed in comparison with customary international law, which is why the author suggests various ways to improve the effectiveness of the implementation of universal criminal jurisdiction in the Russian Federation: the inclusion in part 3 of Article 12 of the Criminal Code of the Russian Federation of references to generally recognized principles and norms of international law as the basis for the application of universal criminal jurisdiction, or references to the chapter from the special part of the Criminal Code of the Russian Federation, which provides for a range of crimes falling under universal criminal jurisdiction, with the elaboration and amendment of the relevant articles of Chapter34 of the Criminal Code of the Russian Federation, or the enumeration in part 3 of Article 12 of the Criminal Code of the Russian Federation of the elements of crimes providing for the exercise of criminal jurisdiction on the principle of universality.
Keywords: state, jurisdiction, international crimes, the principle of universality, legal basis, criminal law, amendments to legislation, generally recognized principles and norms of international law.
Article bibliographic list
1. Bogush G. I., Esakov G. A., Rusinova V. N. International crimes: a model of implementation in Russian legislation: monograph. – M .: Prospect, 2018. – 176 p.
2. Dodonov V. N., Chetvertakova E. Yu. The principle of universal jurisdiction in the criminal law of Russia and foreign countries and the mechanisms for its implementation: manual. Acad. Prosecutor General’s Office of the Russian Federation. ― M., 2017. ― 237 p.
3. Kayumova A. R. Criminal jurisdiction in international law: issues of theory and practice: dis. … doctor of law. ― Kazan, 2016. ― 448 p.
4. Kurnosova T. I. Implementation of international legal norms on war crimes and crimes against humanity in Russian criminal legislation: abstract of dis. … candidate of law. ― M., 2016. ― 312 p.
5. Rusinova V. N. Violations of international humanitarian law: individual criminal responsibility and prosecution: abstract of dis. … candidate of law. – M., 2005. – 211 p.
6. Orentlicher D. F. Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles, in T. J. Biersteker [et al.] (eds.) // International Law and International Relations. – 2007. ― 276 p.
7. Tuzmukhamedov B. The Implementation of International Humanitarian Law in the Russian Federation // International Review of the Red Cross. – 385. – 2003. ― 525 p.
INTERNATIONAL LAW
DENISOV Mikhail Andreevich
postgraduate student, Institute of International Transport Management, St. Petersburg
ENVIRONMENTAL AND LEGAL REGIME OF THE BALTIC MARITIME REGION: LEGAL ASPECTS OF REGIONAL COOPERATION
Few seas in the world are as vulnerable as the Baltic Sea, the marine environment and coastal areas of which are subject to pollution of various origins. Globalization of environmental problems and environmental risks, mainly supranational, pose a challenge to legal systems that traditionally rely on the state. National states alone cannot ensure successful protection of the marine environment. The purpose of the work is to study the legal aspects of cooperation between coastal countries in developing the environmental and legal regime of the Baltic Sea region. Five levels of the environmental and legal regime of the Baltic Sea region are identified and characterized. It is noted that the geopolitical conflict between the EU and Russia, the two dominants in the region, has a negative impact on the development of the environmental legal regime. The problem is also the multiplicity of applicable legislation on natural resources and environmental protection and, as a result, the risk of duplication or jurisdictional conflicts. It is concluded that the “Environmental Code of the Baltic Sea Region” should serve as the institutional basis for the integrated joint management of the Baltic ecosystem.
Keywords: Baltic Sea, marine environment, competition protection, regional cooperation, environmental problems of the Baltic Sea Region.
Article bibliography
1. Yusupova Z. A., Mukhametgareeva N. M. On some problems of development of international environmental law // The rule of law: theory and practice. 2017. No. 2 (48). P. 173-175.
2. Klemeshev A. P., Korneevets V. S., Palmovsky T., Studzhinitsky T., Fedorov G. M. Approaches to defining the concept of “Baltic region” // Balt. reg. 2017. No. 4. P. 7-28.
3. Kulakovskaya V. A., Sanin A. Yu. On the economic consequences of environmental conflicts in the coastal zone of the Baltic Sea // Public administration. Electronic Bulletin. 2022. No. 90. P. 126-142.
4. Ezhova T. G. International legal protection of the Baltic Sea from pollution: author’s abstract. diss. … candidate of legal sciences: 12.00.10. Moscow, 2014. 31 p.
5. Kabelkaite Yu. A. Environmental problems and international cooperation in the Baltic Sea region // Geography. 2003. No. 32. P. 3-12.
6. Comprehensive assessments of the Baltic Sea // Baltic Marine Environment Protection Commission. Official website. [Electronic resource]. – Access mode: https://helcom.fi/baltic-sea-trends/holistic-assessments/ (date accessed: 01.09.2024).
7. Minin V. B. Towards a new HELCOM action plan for the protection of the Baltic Sea // AgroEcoEngineering. 2020. No. 3 (104). P. 108-122.
8. Trufanova I. S. Catches and stock status of Baltic herring in the Russian waters of the Baltic Sea (ICES subarea 26) // Infisheries surveys. 2022. No. 2. P. 165-173.
9. Reports on munitions dumped at sea for the 32nd session of the Baltic Sea Parliamentary Conference // Baltic Sea Parliamentary Conference. Official website. [Electronic resource]. – Access mode: https://www.bspc.net/rapporteurs/bspc-rapporteur-on-sea-dumped-munitions/ (date accessed: 09/06/2024).
10. Tarasova A. S. Development of the concept of cross-border cooperation in Russian and foreign historiography // Bulletin of RUDN. Series: General History. 2024. No. 2. P. 240-259.
11. Vorotnikov V. V., Chekov A. D., Yakutova U. V. Regional construction projects in the Baltic region: the legacy of the interwar era and modern dynamics // International Analytics. 2019. No. 1-2. P. 52-64.
12. Kosov Yu. V., Gribanova G. I. EU strategy for the Baltic Sea region: problems and prospects of international cooperation // Balt. reg. 2016. No. 2. P. 48-66.
INTERNATIONAL LAW
LOPATUKHIN Klim Dmitrievich
postgraduate student of Private international law sub-faculty, Institute of postgraduate studies, Moscow State Law University (MSAL)
PECULIARITIES OF RECOGNITION AND ENFORCEMENT OF INVESTMENT ARBITRATION AWARDS IN FOREIGN COUNTRIES
The article examines the main specific features of investment arbitration as a means of dispute resolution. It studies the main mechanisms used and trends in the development of the system of recognition and enforcement of investment arbitration awards in some countries of the world, such as India and Japan. It identifies key international regulatory legal acts that affect the recognition and enforcement of investment arbitration awards, as well as prospects for their development and improvement.
Keywords: investment arbitration, decision, enforcement proceedings, enforcement, investment agreement, investment dispute
Article-by-article bibliographic list
1. World Investment Report 2021: Investing in a Resilient Recovery. Overview. United Nations Conference on Trade and Development (UNCTAD). P. 11. [Electronic resource]. – Access mode: https://unctad.org/system/files/official-document/ wir2021_overview_ru.pdf.
2. Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) [Russian, English] (concluded in Washington on 18.03.1965). Access from the reference and legal system “ConsultantPlus”.
3. Pravdina A. A. The Phenomenon of Delocalization of International Commercial Arbitration // International Law. 2017. No. 2. Pp. 7-18. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=23161
4. Recognition and Enforcement of Foreign Arbitration Awards in Russia and the Former USSR Countries / Ed. R. O. Zykov. M.: Arbitration Association, 2019. Access from the reference and legal system “ConsultantPlus”.
INTERNATIONAL LAW
MAKOEVA Ruzana Khabasovna
assistant of Theory and history of state and law sub-faculty, Institute of Law, Economics, and Finance, H. M. Berbekov Kabardino-Balkarian State University, Nalchik
PROTECTING HUMAN RIGHTS IN A WARMING WORLD: THE ROLE OF THE UN HUMAN RIGHTS SYSTEM
As the climate crisis intensifies, its impact on human rights demands a robust international legal response. This article examines the crucial role of the UN Human Rights System in shaping this response. We explore how these bodies are influencing the development of international legal institutions dedicated to protecting human rights in the face of anthropogenic climate change. A particular focus is placed on the critical challenge of defining the legal obligations of states to protect human rights in a warming world. Furthermore, the article provides a comprehensive analysis of the work of UN quasi-judicial bodies in resolving climate-related disputes, shedding light on the evolving legal landscape for climate justice.
Keywords: human rights, climate change, UN treaty bodies, conventional bodies, quasi-judicial institutions, Human Rights Council, UN Committee on Human Rights.
Bibliographic list of articles
1. Solntsev A. M. Climate problems in the decisions of national and international courts. DOI: 10.31249 /iajpravo/2024.01.10
2. Alice Venn Rendering International Human Rights Law Fit for Purpose on Climate Change Human Rights Law Review, 2023, 23, 1-25
3. John H. Knox. Human rights principles and climate change. [Electronic resource]. – Access mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2523599 (date of access: 11.09.2024).
INTERNATIONAL LAW
MONAKHOV German Dmitrievich
student of the 2nd course master’s degree, Oriental Institute, School of Regional
TUSHAKOV Roman Radionovich
student of the 1st course of the bachelor’s degree, Law School, Far Eastern Federal University, Vladivostok
THE “ONE CHINA” PRINCIPLE AS A NORM OF INTERNATIONAL LAW
In the article, the authors raise the issue of the legal content of the “one China” principle. Less than 20 years ago, the official Chinese authorities began to promote the narrative of the “one China” principle as a universal consensus and the basic norm of international relations. However, such concepts are unknown to international law. In an attempt to find the normative content in the “one China” principle, the authors analyzed the correspondence of this principle to three well-known types of norms of international law (in form): the contractual norm, the customary norm and the general principle of international law. However, as it was established by the authors, the essence and content of the “one China” principle do not correspond to any of these types of norms. The principle of “one China” cannot be a general principle because it is not the general principle of international law and it is not applicable to solving international legal issues outside of the discussion on the Taiwan issue. It also cannot be a contractual norm, since it is not enshrined in any international legal treaty, and UNGA Resolution 2758, which the Chinese side relies on to substantiate its international legal character, is only an international legal document. Moreover, the principle of “one China” is currently devoid of specific content (many States understand its meaning and content in different ways), therefore it cannot claim the status of an ordinary norm of international law. In conclusion, the authors conclude that the principle of “one China” has no legal essence, but is only political in nature. And such expressions of the Chinese side as “the basic norm of international relations” and “universal consensus” are rather political in nature and have nothing to do with the international legal characterization of the “one China” principle.
Keywords: “the one China” principle, the Taiwan issue, UN General Assembly Resolution 2758, reunification of China, international legal custom, general principle of international law.
Bibliographic list of articles
1. Restoration of the legitimate rights of the People’s Republic of China in the United Nations. UN General Assembly Resolution 2758. October 25, 1971.
2. Leksyutina Ya. V. Strategy and tactics of Taiwan’s foreign policy in the context of escalating tensions with China // International Analytics. – 2022. – No. 13 (4). – P. 76-93.
3. Romashev Yu. S. General principles of law in the system of international law // Law. Journal of the Higher School of Economics. – 2021. – No. 3. – P. 148-174.
4. Atkinson J. Why Tuvalu still chooses Taiwan. Eastasiaforum. October 24, 2022. [Electronic resource]. – Access mode: https://eastasiaforum.org/2022/10/24/why-tuvalu-still-chooses-taiwan/
5. Jash A. The “One-China Principle”: China’s “Norm” versus Global Realities. Global Taiwan Institute. February 21, 2024. [Electronic resource]. – Access mode: https://globaltaiwan.org/2024/02/the-one-china-principle-chinas-norm-versus-global-realities/
6. Jaushieh Joseph Wu. “Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan,” March 17, 2022. [Electronic resource]. – Access mode: https://en.mofa. gov.tw/News_Mid.aspx?n=1303&sms=268
7. Lee Y. Tuvalu rejects China offer to build islands and retains ties with Taiwan. Reuters. November 21, 2019. [Electronic resource]. – Access mode: https://www.reuters.com/article/us-taiwan-diplomacy-tuvalu/tuvalu-rejects-china-offer-to-build-islands-and-retains-ties-with-taiwan-idUSKBN1XV0H8/
8. One-China principle general consensus of the international community: Chinese FM. Global Times. May 20, 2024. [Electronic resource]. – Access mode: https://www.globaltimes.cn/page/202405/1312643.shtml
9. Steger I. A Pacific island nation of 11,000 people is picking a fight with China. Quartz. September 6, 2018. [Electronic resource]. – Access mode: https://qz.com/1380770/taiwans-ally-nauru-fights-with-china-at-pacific-islands-forum
10. Shaw M. International Law // Essex Court Chambers/Lauterpacht Center for International Law, University of Cambridge.
11. The One-China Principle is a Universally Recognized Basic Norm Governing International Relations. Official website of the Embassy of the People’s Republic of China in the Republic of the Philippines. 19 March 2024. [Electronic resource]. – Access mode: http://ph.china-embassy.gov.cn/eng/sgdt/202403/t20240319_11262567.htm
12. The Taiwan Question and China’s Reunification in the New Era (adopted by The Taiwan Affairs Office at the State Council and The State Councilcil Information Office, August 2022). [Electronic resource]. – Access mode: https://english.www.gov.cn/archive/whitepaper/202208/10/content_WS62f34f46c6d02e533532f0ac.html
13. Wu Ch., Li Ch., Lin Y., China’s Word Game: A New Narrative of the “One China Principle”. The Diplomat. August 16, 2023. [Electronic resource]. – Access mode: https://thediplomat.com/2023/08/chinas-word-game-a-new-narrative-of-the-one-china-principle/
14. Wu C. Taiwan and the Myth of UN General Assembly Resolution 2758. Verfassungsblog. April 14, 2023. [Electronic resource]. – Access mode: https://verfassungsblog.de/taiwan-and-the-myth-of-un-general-assembly-resolution-2758/
15. Xinhua Commentary: U.S. breach of one-China principle undermines post-war int’l order. Xinhua. August 19, 2022. [Electronic resource]. – Access mode: https://english.news.cn/20220819/aa327acbb0b44b0e9c35b6d677da1433/c.html
16. Zhao X. Firmly Adhere to the one-China Principle Safeguard Peace and Stability across the Taiwan Strait. Official website of the Embassy of the People’s Republic of China in Islamic Republic of Afghanistan. May 20, 2024. [Electronic resource]. – Access mode: http://af.china-embassy.gov.cn/eng/sgxw/202405/t20240520_11308024.htm
INTERNATIONAL LAW
PISKUNOV Kirill Vitaljevich
postgraduate student, Institute of International Transport Management, St. Petersburg
EVOLUTION OF THE LIABILITY REGIME OF THE SEA CARRIER OF CARGO IN INTERNATIONAL LAW
The liability of the carrier in international sea transportation for damage, breakage or delay in delivery of the transported cargo is a key issue in sea transportation, especially from the point of view of international maritime law. The article examines the provisions of Roman law, the trade customs of medieval port cities, and conducts a comparative study of various international rules regarding the liability of the carrier in international contracts of carriage by sea that exist today. It is noted that the Hague-Visby Rules have been criticized by shippers for decades, as they were considered unbalanced and too favorable to the carrier. However, the Hamburg and Rotterdam Rules, which tighten the liability regime, were not accepted by the international community, which allows us to conclude that there is active opposition to tightening the liability regime for carriers.
Keywords: sea transport, carrier liability, Hague-Visby Rules, Rotterdam Rules, Hamburg Rules.
Article bibliography
1. Novitskaya A. A. Forms of the contract of carriage by sea in Roman law. Labeo’s approach to overcoming problems caused by contractual typicality // Gaps in Russian legislation. – 2013. – No. 6. – P. 125-130.
2. Komnatnaya Yu. A., Miroshnikov E. V., Ostapyuk V. G. On the issue of the existence of trade customs (lex mercatoria) in medieval Europe before the 17th century // Nomothetika: Philosophy. Sociology. Law. – 2021. – No. 1. – P. 134-144.
3. Komnatnaya Yu. A., Chistyukhina M. V. Territorial effect of international commercial customs (lex mercatoria) – the Oléron scrolls (11th-13th centuries) – and their influence on the national law of medieval European states: a systematic review // Manuscript. – 2021. – No. 5. – P. 814-822.
4. The maritime law of the Rhodians // Eastern literature. Medieval historical sources of the East and West. – [Electronic resource]. – Access mode: https://www.vostlit.info/Texts/Dokumenty/Byzanz/VIII/Rodos_morsk_zakon/text.phtml (accessed: 02.10.2024).
5. Skaridov A. S. Maritime law in 2 volumes. Volume 2. International maritime commercial law: textbook for universities. 4th ed., revised. and additional. – Moscow: Publishing house Yurait, 2024. – 376 p.
6. Efimov S. A. Unification of the execution of contractual relations in the transportation of nuclear materials by sea // Problems of Economics and Legal Practice. – 2011. – No. 3. – P. 131-134.
7. Chertkov A. G. Limitation of liability of an international sea carrier for failure to preserve cargo // Transport law and security. – 2022. – No. 4 (44). – P. 21-36.
8. Kosovskaya V. A. Efficiency of modern international legal regulation of sea cargo transportation // Bulletin of Moscow State Pedagogical Univ. Series: Legal Sciences. – 2020. – No. 4 (40). – pp. 46-54.
INTERNATIONAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 4th course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence”, Law School, Far Eastern Federal University, Vladivostok
MAKHONIN Danila Dmitrievich
student of the 4th course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence”, Law School, Far Eastern Federal University, Vladivostok
USACHEV Alexander Sergeevich
student of the 1st course of the master’s degree in the field of training M6124-40.04.01usdop “Legal support of the activities of public authorities and representation in court”, Law School, Far Eastern Federal University, Vladivostok
CLIMATE CHANGE AS A GLOBAL ISSUE OF INTERNATIONAL LAW
Climate change has become one of the most serious global challenges facing humanity in the 21st century. The article explores various aspects of climate change in the context of international law, as well as its impact on the international legal order and the obligations of states. Key international agreements such as the UN Framework Convention on Climate Change and the Kyoto Protocol are analyzed. The main consequences of global climate change, expressed in the disappearance of islands and coastal zones, as well as the issues of human rights protection in the context of climate change are considered.
Keywords: climate change, global problems, global warming, international environmental law, UN Framework Convention on Climate Change, greenhouse gas emissions, international responsibility, principle of differentiated responsibility, melting glaciers, «environmental refugees».
Article bibliography
1. Declaration of the United Nations Conference on the Human Environment, adopted by the United Nations Conference on the Human Environment, Stockholm, 1972. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declarathenv.shtml (date of access: 20.11.2024).
2. Report of the Secretary-General on the work of the UN. GA, 64th session. New York, 2009. [Electronic resource]. – Access mode: https://www.un.org/ru/ga/64/agenda/sgreports.shtml (date of access: 20.11.2024).
3. The United Nations Framework Convention on Climate Change, adopted on 9 May 1992. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/climate_framework_conv.shtml (date of access 26.11.2024).
4. Convention relating to the Status of Refugees, adopted on 28 July 1951 by the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, convened pursuant to General Assembly resolution 429 (V) of 14 December 1950. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/refugees.shtml (date of access: 25.11.2024).
5. Kyoto Protocol to the United Nations Framework Convention on Climate Change, adopted on December 11, 1997. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/kyoto.shtml (date of access: 25.11.2024).
6. Solntsev A. M. Climate Change: International Legal Dimension // Moscow Journal of International Law. 2018. No. 1. P. 60-78.
7. Shakleina T. A., Baikov A. A., Batalov E. Ya., Simoniya N. A. et al. Megatrends. The Main Trajectories of the Evolution of the World Order in the 21st Century: A Textbook for Universities / Edited by Shakleina T. A. and Baikov A. A. Moscow: Aspect Press. 2013. Pp. 53-67.
8. Abdullin A. I., Mingazov L. Kh. International Environmental Law: A Textbook for Universities / Editor-in-Chief Valeev R. M. Moscow: Statut Publishing House. 2012. Pp. 89-93.
9. The Guardian: article “China’s emissions of two potent greenhouse gases rise 78% in decade” dated 15.07.2024. [Electronic resource]. – Access mode: https://www.theguardian.com/world/article/2024/jul/15/chinas-emissions-of-two-potent-greenhouse-gases-rise-78-in-decade (date of access: 26.11.2024);
10. RG.RU: article “Mesyatsev Island has completely disappeared in the Arctic – it has melted” from 02.11.2024. [Electronic resource]. – Access mode: https://rg.ru/amp/2024/11/02/v-arktike-polnostiu-ischez-ostrov-mesiaceva-on-rastaial.html (date of access: 26.11.2024).
INTERNATIONAL LAW
SUBHONZODA Abdumannon Subhon
adjunct of Human rights and international law sub-faculty, Faculty of Training of Scientific, Pedagogical and Scientific Personnel, V. Ya. Kikot Moscow University of the MIA of Russia
INTERNATIONAL LEGAL REGULATION OF COOPERATION BETWEEN THE UNITED NATIONS AND INTERNATIONAL REGIONAL ORGANIZATIONS IN PEACEKEEPING ACTIVITIES
The article examines the international legal framework governing the issues of cooperation between the United Nations (hereinafter the UN) and some international regional organizations in the framework of modern peacekeeping. In the course of the analysis, models of UN interaction with international regional organizations were identified, the practice of such interaction was studied and prospects for further development of international regional peacekeeping with the central role of the UN in these processes were determined.
Keywords: United Nations, European Union, African Union, Collective Security Treaty Organization, peacekeeping, cooperation, joint missions, hybrid missions.
Prystateinbibliographic list
1. Bokeria S. A. UN-AU partnership in peacekeeping: trends and problems // Bulletin of international organizations: education, science, new economy. – 2022. – Vol. 17, No. 2. – P. 189-207.
2. Kornilenko A. V. Peacekeeping potential of the Collective Security Treaty Organization // Bulletin of RUDN. Series: International relations. – 2020. – No. 4. – P. 37-44.
3. Kashirina T. V., Turlybaeva D. T. Collective Security Treaty Organization and its activities in the military-political sphere: monograph. – M.: Dashkov i K⁰, 2023. – 267 p.
4. Romadan L. I. Evolution of UN peacekeeping activities in the late 20th – early 21st centuries (using the African continent as an example). Abstract of dissertation. 23.00.04 – Political problems of international relations. – M., 2019. – 24 p.
5. Subkhonzoda A. S. Current issues of international legal regulation of cooperation between the United Nations and the African Union in peacekeeping activities // Eurasian Law Journal. – 2023. – No. 6. – P. 53-55.
6. Fedorov M. S. EU peacekeeping activities: potential, mechanisms, practice: monograph / Edited by N. Yu. Kaveshnikov. – M.: MGIMO-University, 2021. – 295 p.
INTERNATIONAL LAW
TONKOSHTAN Anastasiya Ruslanovna
student of the 3rd course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
SOKOLOVA Elizaveta Mikhaylovna
student of the 3rd course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
PETRENKO Elena Gennadjevna
Ph.D. in Law, associate professor, I. T. Trubilin Kuban State Agrarian University
THE IMPACT OF THE SPECIAL MILITARY OPERATION ON RUSSIA’S RELATIONS WITH OTHER COUNTRIES
This article examines the implications of the special military operation for Russia’s international relations with various countries. It examines how Russia’s actions on the international stage have changed the dynamics of diplomatic ties, led to new alliances and tensions in existing relations. Particular attention is paid to Western countermeasures, including sanctions and changes in trade relations, as well as the reactions of countries considering cooperation with Russia. It also examines the long-term geopolitical consequences of the operation, including the impact on security in Europe, the Asia-Pacific region and the Middle East. Based on the collected data and expert opinions, conclusions are drawn about possible scenarios for the development of Russia’s international relations in the future and how current events may change the balance of power in world politics. The article includes both quantitative and qualitative analysis, which allows for a deeper understanding of the complex interrelations between actors on the international stage in times of crisis.
Keywords: special military operation, world politics, sanctions policy, relations with the countries of the East, peaceful settlement of the conflict, international arena.
Article bibliography
1. Nikonov V. A. Special military operation and the new world order // Public administration. Electronic Bulletin. 2023. No. 99. Pp. 7-34.
2. Sebekin S. A. The role of the Shanghai Cooperation Organization and BRICS in ensuring international information security in the context of the ongoing conflict in Ukraine // Russian-Chinese studies. 2022. Vol. 6., No. 4. P. 276-287.
3. Balashova S. P., Balashov V. V. Trends in the Development of Cooperation between Russia and the Countries of Central Asia // Economy and Business: Theory and Practice. 2024. No. 4-1 (110). P. 28-32.
4. Shumilov A. V. Geopolitical Role of Russia and China’s Activities within the SCO and BRICS in the Formation of the Integration Outline // PolitBook. 2024. No. 1. P. 155-165.
5. Chirkov M. A., Shapovalova A. V., Chistyakov M. S. On the Impact of Western Sanctions on the Russian Economy in the Context of a Special Military Operation // Free Thought. 2022. No. 4 (1694). P. 147-162.
6. Klunko N. S., Egorova L. V. Industrial transformation of Russia against the background of a special military operation: sanctions and parallel imports // Interactive Science. 2023. No. 3 (79). pp. 72-77.
INTERNATIONAL LAW
HANUN Odai A M
postgraduate student of International law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
COOPERATION BETWEEN STATES ON COMBATTING TERRORISM WITHIN THE FRAMEWORK OF THE ORGANIZATION OF ISLAMIC COOPERATION
This article analyzes the activities of the Organization of Islamic Cooperation in the field of combating international terrorism. The Organization of Islamic Cooperation is making active efforts to develop a legal framework to counter terrorist threats, and an agreement has been successfully reached on a unified approach to measures against terrorism.
Keywords: international law, Organization of Islamic Cooperation, fight against terrorism, international organizations, criminal responsibility.
Article bibliography
1. Mirakhmadi M., Mehraban A. Ideology of Sayyid Qutb and Radical Islam // Pazhukhishnamae Ulumi Siyasi. 2009. – No. 4. – P. 175-212.
2. Hall P. A., Taylor C. R. Political Science and Three new institutionalism. – Germany: Max-Planck-Institute. A paper presented at Board’s meeting on May 9, 1996. – Рp. 5-25.
3. Douglas C. N. Institutions, Institutional Change and Economic Performance. – Cambridge University Press, 1990. – Рp. 36-46.
4. Zonova TV Coercive Diplomacy The Libyan Case // International Processes. – 2017. – Vol. 15, No. 1. – P. 35-48.
5. Ivanishchev VO Application of a Neo-Institutional Approach to the Study of the Problem of Extremism // Young Scientist. – May 2015. – No. 10 (90). – P. 1018-1021.
6. Rahmani M. Iran’s Role in Enhancing the International Authority of the OIC // (in Farsi). – Qom Pegah-e Khoze, 2011. – No. 10. – P. 2.
7. Grigory K. Organization of Islamic Cooperation: Priorities and Political Course. – [Electronic resource]. – Access mode: http://russiancouncil.ru/analytics-and-comments/analytics/organizatsiya-islamskogosotrudnichestva-prioritety-i-politi/ (date of access: 20.07.2024).
8. Vasetsova E. S. The role of international institutions in political counteraction to modern terrorism: dis. … candidate of political sciences: 23.00.02. – M., 2012. – P. 191.
INTERNATIONAL LAW
TRUSHKOV Ivan Igorevich
student, Far Eastern Federal University, Vladivostok
SUKHANOVA Darya Igorevna
student, Far Eastern Federal University, Vladivostok
KUTDUSOVA Anastasiya Valerjevna
student, Far Eastern Federal University, Vladivostok
LEGAL CONFLICTS IN THE REGULATION OF MARITIME SPACES: PROBLEMS OF THE IMPLEMENTATION OF THE UN CONVENTION ON THE LAW OF THE SEA
The article is devoted to the study of legal conflicts that arises during the implementation of the UN Convention on the Law of the Sea in national legislation. The main provisions of the Convention related to the regulation of maritime spaces are considered and the problems associated with differences in interpretation and adaptation of its norms are analyzed. Special attention is paid to the prospects of eliminating contradictions through strengthening international cooperation, unifying legal standards and taking into account modern challenges such as climate change and marine environmental protection. Recommendations are proposed for improving dispute settlement mechanisms and developing international standards governing the development of marine resources.
Keywords: UN Convention on the Law of the Sea, maritime spaces, legal conflicts, international law, environmental standards, climate change, ocean resources, arbitration, international cooperation.
Bibliographic list of articles
1. Antsupov A. Ya. Legal regulation of maritime spaces: international and national aspects. – M.: Legal Literature, 2018. – 320 p.
2. Golubev I. P. UN Convention on the Law of the Sea: Commentary and Analysis. – SPb.: SPbSU Publishing House, 2020. – 412 p.
3. Crawford J. Brownlie’s Principles of Public International Law. 9th ed. – Oxford: Oxford University Press, 2019. – 832 p.
4. Tanaka Y. The International Law of the Sea. 3rd ed. – Cambridge: Cambridge University Press, 2019. – 564 p.
5. Koh T. T. B. A Constitution for the Oceans: UNCLOS. – Singapore: National University of Singapore Press, 2020. – 288 p.
6. Rothwell D. R., Oude Elferink A. G., Scott K. N., Stephens, T. The Oxford Handbook of the Law of the Sea. – Oxford: Oxford University Press, 2018. – 1234 p.
INTERNATIONAL PUBLIC LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
MINIGULOVA Elmira Rafisovna
Ph.D. in philosophical sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
DEMIDOVA Tatyana Konstantinovna
Ph.D. in political sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
PROBLEMS OF DETERMINING THE LEGAL NATURE OF INTERNATIONAL TREATIES
Given the founding role of agreements, participants in international relations declare their growing importance as a way to expand public internationallaw and peaceful relations in the international community. International agreements have sufficient authority to protect fundamental human rights and freedoms and to realize the legitimate interests of the States. A contract is a generalizing term that includes all acts in writing, regardless of the name, concluded by the parties and having legal force for them.
Keywords: international treaty, States parties, international law, international practice.
Article bibliographic list
1. Gromyko A. A. Pamyatnoe. Book 2. – M.: Politizdat, 1990. – P. 557.
2. Treaty between the Union of Soviet Socialist Republics and the Federal Republic of Germany. – M.: Pravda, 1970. – P. 4.
3. Lukashuk I. I. Subjects of the law of international treaties // State and Law. – 2004. – No. 11. – P. 58.
INTERNATIONAL PRIVATE LAW
GRISHIN Lev Petrovich
postgraduate student of International law sub-faculty, Russian State University of Justice
THE ROLE OF INTERNATIONAL ORGANIZATIONS AND ASSOCIATIONS IN THE IMPLEMENTATION OF A NEW SYSTEM OF SECURITIES ACCOUNTING IN CROSS-BORDER TRANSACTIONS
The paper is devoted to the legal aspects of the creation of new institutions of securities accounting, as well as the prospects of their development within the framework of international associations to which the Russian Federation is a member. The author analyzes the necessity of harmonization of legislation to ensure efficient cross-border circulation of securities and creation of competitive financial infrastructure. The article focuses on the risks and challenges associated with the implementation of existing initiatives, and also examines the consistency of actions of the participants of international associations.
Keywords: securities, securities accounting, financial infrastructure, integration, EAEU, BRICS.
Article bibliography
1. Bezborodova Yu. R. Conflict of laws regulation of cross-border transactions with securities in Russia and foreign countries: dis. … Cand. of Law. – Moscow, 2020. – 212 p.
2. Grishin L. P. On the issue of defining the concept of “securities” in international legal acts // Advances in Law Studies. – 2023. – No. 4. – P. 66-70. DOI: https://doi.org/10.29039/2409-5087-2023-11-4-66-70.
3. Grishin L. P. On some issues of functioning of the accounting system of the securities market of the Russian Federation under sanctions restrictions // Advances in Law Studies. – 2023. – No. 1. – P. 51-55. DOI: https://doi.org/10.29039/2409-5087-2023-11-1-51-55.
4. Shamraev A. V. Issues of conflict regulation of cross-border transfers of funds, securities and digital financial assets // International public and private law. – 2021. – No. 4. – P. 20-24.
INTERNATIONAL PRIVATE LAW
IVANOV Nikita Evgenjevich
postgraduate student of Private international law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
THE ROLE OF THE INTERNATIONAL STANDARD RECORDING CODE (ISRC) IN THE CONTEXT OF CROSS-BORDER PROTECTION AND ENFORCEMENT OF COPYRIGHTS FOR MUSICAL WORKS
The article examines the role of the International Standard Recording Code (ISRC, hereinafter referred to as ISRC) as an essential tool for protecting the rights of authors and other copyright holders of musical works. By analyzing the significance of the ISRC in identifying the ownership of musical works within the global digital space, the study highlights its potential as a tool for tracking, monitoring, and managing intellectual property in the context of cross-border data exchange. The research explores the legal nature of ISRC and its capabilities in safeguarding musical works. Arguing for the necessity of integrating ISRC with modern mechanisms for protecting musical works, the author concludes that such a model of copyright protection in cross-border relations allows digital platforms to more effectively safeguard musical works and contributes to the financial stability of the music industry as a whole.
Keywords: Copyright, cross-border copyright, International Standard Recording Code (ISRC), digital protection technologies, intellectual property objects, musical works.
Article bibliography
1. Lutkova O. V. Regulation of cross-border copyright relations, the object of which are works with a lost copyright holder (orphan) // Actual problems of Russian law. – 2020. – Vol. 15, No. 12. – P. 109-121. – DOI: 10.17803/1994-1471.2020.121.12.109-121.
INTERNATIONAL PRIVATE LAW
KAZAKOVA Sofiya Petrovna
bachelor student of the 4th course, Faculty of Law, 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, I. T. Trubilin Kuban State Agrarian University, Krasnodar
FOMENKO Elizaveta Dmitrievna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
REGULATION OF COMMERCIAL RELATIONS IN THE FIELD OF CROSS-BORDER TRADE IN SERVICES USING DIGITAL SOURCE TECHNOLOGIES “LEX MERCATORIA”
The article is devoted to the study of commercial relations in the field of cross-border trade in services using digital technologies by the sources of “lex mercatoria”. The study of the sources of lex mercatoria, financial platforms, self-regulation issues, as well as customs regulating foreign economic activity in the provision of services is conducted. The main problematic issues related to the lack of clear regulation of commercial relations in the field of cross-border trade in services using digital technologies by the sources of “lex mercatoria” are identified. A proposal is presented to create a system for electronic recording of user agreements affecting the rights and obligations of users, as well as to create a self-regulatory organization in the field of cross-border trade in digital services.
Keywords: commercial relations, cross-border trade, digital technologies, digital platforms, self-regulatory organization.
Bibliographic list of articles
1. Efimova L. G. Types of legal relations arising on the blockchain platform // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 1 (8). – P. 16.
2. Glinshchikova T. V. Problems of determining the applicable law to an international factoring agreement // Humanitarian, socio-economic and social sciences. – 2015. – No. 4. – P. 135-137.
3. On the conclusion of financial transactions using the financial platform: federal law of 20.07.2020 No. 211-FZ with amendments and add. from 04.08.2023. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_357765/
4. Majorina M. V. Network paradigm of private international law: outlining the concept // Actual problems of Russian law. – 2019. – No. 4. – P. 140.
COMPARATIVE LAW
BELOVA Yuliya Nikolaevna
postgraduate student of Civil law and process and international private law sub-faculty, Patrice Lumumba Peoples Friendship University of Russia, Head of the Group of the Legal Department of JSC “MIC “NPO Mashinostroeniya”, Reutov, Moscow region
COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON PROCUREMENT OF CERTAIN TYPES OF LEGAL ENTITIES AND THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON PROCUREMENT OF CERTAIN SUBJECTS OF THE QUASI-PUBLIC SECTOR
The article examines the regulation of procurement activities of corporate customers in the Russian Federation and the Republic of Kazakhstan by conducting a comparative legal analysis. The subject of the study is the individual provisions of the system of regulations in the field of corporate procurement of these states. Special attention is paid to the search for distinctive features of the legal regulation of procurement systems, expressed in the degree of freedom provided to customers in organizing procurement activities. The main conclusions of the study are: the procurement system of individual subjects of the quasi-public sector of the Republic of Kazakhstan, along with the Russian Federation, is at a high level of legal regulation, while the legislation on quasi-public procurement of the Republic of Kazakhstan uses different techniques and methods of legal regulation from the Russian Federation, based on the practice-oriented nature of procurement relations, maximally regulating the stages of procurement procedures, thereby reducing the risks of disputes and disagreements during their implementation.
Keywords: procurement activities, quasi-public sector, corporate customer, procurement procedures, qualification selection, expert commission, conclusion of a contract.
Article bibliography
1. Belova Yu. N. Legal features of including information in the register of unscrupulous suppliers in the course of corporate procurement in the context of sanctions reality // Competition Law. – 2024. – No. 4. – P. 16. – DOI: 10.18572/2225-8302-2024-4-15-18.
2. Belyaeva O. A. Interdependent persons in corporate procurement: how will regulation change in 2022? // “PROGOSZAKAZ.RF”. – 2022. – No. 2, February.
3. Vlasenko N. A. Uncertainty in law: nature and forms of expression // Journal of Russian Law. – 2013. – No. 2. – P. 32-44.
4. Eleusizova I. K., TurlybekD. M. Some issues of improving certain aspects of the current (positive) law of the Republic of Kazakhstan (expert group of the Rule of Law Institute). – [Electronic resource]. – Access mode: https://online.zakon.kz/lawyer.
5. Ershova I. V. Law and the real sector of the Russian economy: Monograph / Ed. V. A. Laptev. – M .: Prospect, 2024 .– 480 p.
6. Legal basis for procurement of quasi-public sector entities in the Republic of Kazakhstan Eleusizova I. K., Turlybek D. M. – [Electronic resource]. – Access mode: https://online.zakon.kz/lawyer.
7. Rybakov V. A. Criteria for determining the effectiveness of law // Law enforcement. – 2019. – Vol. 3, No. 2. – P. 5-13. – DOI: 10.24147/2542-1514.2019.3(2).5-13.
8. Modern problems of development of business and corporate law in Russia and abroad (monograph): on the fifth anniversary of the Journal of Business and Corporate Law (Andreev N. Yu., Arzumanova L. L., Belykh V. S., Belyaeva O. A., Brizkun K. A. et al.; under the general editorship of Doctor of Law, Assoc. Prof. V. A. Vaipana, Doctor of Law, Prof. M. A. Egorova). – M .: “Yustitsinform”, 2021. – 672 p.
9. Khozerova E. E. Legal regulation of vacations in the Republic of Kazakhstan and the Russian Federation: a comparative analysis // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 5, September-October.
THEORY OF STATE AND LAW
AGABALAEV Mukhamed Imedinovich
Ph.D. in Law, Humanitarian disciplines sub-faculty, Rector of the Private Educational Institution of Higher Education Social and Pedagogical University
THE PROBLEM OF DEFINING THE ESSENCE AND CHARACTERISTICS OF THE STATE
The article examines the problem of defining the essence and characteristics of the state as a key element of political and legal science. Various approaches to understanding the state are analyzed, including its historical, philosophical and legal aspects. Particular attention is paid to the main characteristics of the state, such as sovereignty, territoriality, the presence of a system of government bodies and a legal system. Modern challenges and changes in the concept of the state caused by globalization, transnational processes and technological development are discussed. The article is intended for researchers, students and all those interested in studying the theory of state and law.
Keywords: state, characteristics, sovereignty, public authority.
Article bibliography
1. Avilkina A. A. Interpretations of the essence and characteristics of the state in domestic legal doctrines of the twentieth – early twenty-first centuries // NAU. – 2020. – No. 53-2 (53). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interpretatsii-suschnosti-i-priznakov-gosudarstva-v-otechestvennyh-pravovyh-ucheniyah-hh-nachala-hhi-veka (date of access: 23.11.2024).
2. Avilova O. G., Gerasimenko T. V., Naumov R. The problem of defining the essence and characteristics of the state // MNKO. – 2013. – No. 4 (41). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-opredeleniya-suschnosti-i-priznakov-gosudarstva (date of access: 23.11.2024).
3. Bondarenko D. M. The state as a phenomenon of social history: essence and distinctive features // Historical Psychology and Sociology of History. – 2014. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvo-kak-fenomen-sotsialnoy-istorii-suschnost-i-otlichitelnye-priznaki (date of access: 23.11.2024).
4. Buchenkov G. A., Zhukov V. N. Evolution of political and legal views on the essential characteristics of the state // Education and Law. – 2020. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evolyutsiya-politiko-pravovyh-vozzreniy-na-suschnostnye-harakteristiki-gosudarstva (date of access: 23.11.2024).
5. Kalinin S. A. Unique and natural in the modern understanding of the state // Legal state: theory and practice. – 2021. – No. 4 (66). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/unikalnoe-i-zakonomernoe-v-sovremennom-ponimanii-gosudarstva (date of access: 23.11.2024).
6. Tomilina E. E., Opokin A. B., Golik A. A. Typology of the state: essence and content // Actual problems of humanitarian and natural sciences. – 2015. – No. 9-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tipologiya-gosudarstva-suschnost-i-soderzhanie (date of access: 23.11.2024).
THEORY OF STATE AND LAW
ZOLOTUKHINA Tatyana Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty, Taganrog Institute of Management and Economy
VASILKOVA Evgeniya Andreevna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-facultyaculty, Taganrog Institute of Management and Economy
ON THE ISSUE OF THE CONCEPT OF RUSSIAN LEGISLATION
The author’s interest in the concept and structure of Russian legislation is due to the fact that in the theory of Russian law, these issues have remained controversial for a long period of time. In this regard, the author’s definition of the concept of “Russian legislation” is formulated, the structural elements of this category are analyzed: the law and the decree of the President of the Russian Federation, their correlation is carried out. As a result, the reasons for attributing decrees of the President of the Russian Federation along with laws to Russian legislation are listed.
Keywords: normative legal act, law, legislation, decree of the President of the Russian Federation, concept, ratio, structure.
Bibliographic list of articles
1. Kerimov D. A. Culture and technology of lawmaking. M.: Legal Literature, 1991.
2. Ragozin V. A. Legislation of the Russian Federation in the Narrow and Broad Senses // Constitutional and Municipal Law. 2024. No. 3.
3. Malyutin N. S. Concept and Structure of the Legislation of the Russian Federation // SPS ConsultantPlus. 2024.
4. Ivannikov I. A. Theory of State and Law. Textbook. Rostov-on-Don; Taganrog: Publishing House of the Southern Federal University, 2018.
5. Matuzov N. I., Malko A. V. Theory of State and Law: Lecture Course. M.: Jurist, 2000.
6. Lyubashits V. Ya., Mordovtsev A. Yu., Timoshenko I. V. Theory of State and Law. Tutorial. Rostov n / D: Publishing center “MarT”, 2002.
7. Boshno S. V. Law in the system of normative legal acts of modern Russia // Scientific works. Issue 5. In three volumes. Volume 1 / Russian Academy of Legal Sciences. Moscow: Publishing group “Yurist”, 2005.
8. Baglai M. V. Constitutional law of the Russian Federation. Moscow: Publishing group NORMA – INFRA-M, 1998. ᱹˌˎˑ
9. Korkunov N. M. Decree and law. SPb .: Printing house of M. M. Stasyulevich, Vas. Ostr., 5 lines, 28, 1894.
10. Chernobel G. T. Law and by-law // Law: creation and interpretation / Ed. A. S. Pigolkina. Moscow: Spark, 1998. ᱹˌˎˑ˓
11. Kolesnikov E. V. Sources of Russian constitutional law. Saratov, 1998. ᱹˌˎˑ˓
12. “We need a new Constitution.” Interview of the editor-in-chief of the journal A. I. Kovler with A. I. Lukyanov, Chairman of the State Duma Committee on Legislation and Judicial Reform // State and Law. 1999. No. 12.
13. Kolesnikov E. V. Presidential Decree as a Source of Constitutional Law of Russia. // Constitutional Development of Russia. Interuniversity Scientific Collection. Issue 2. Saratov, 1996.
THEORY OF STATE AND LAW
KADIMOVA Maikhalum Shamsudinovna
Ph.D. in Law, associate professor of Civil process sub-faculty, Institute of Law, Dagestan State University, Makhachkala
ABOUT REGULATORY LEGAL ACTS
The scientific article analyzes the features of a normative legal act as one of the types of legal acts. Depending on the content, legal acts can be of a normative or non-normative nature. The necessary features of a normative legal act are: 1) volitional content; 2) official nature; 3) part of a single system; 4) normativity; 5) adopted in a special procedure; 6) issued by competent bodies and persons; 7) guaranteed by the coercive force of the state; 8) has the form and structure established by law; 9) contains legal norms. Based on the analysis of the republican legal act, the conclusion is substantiated as to whether the legal act is of a normative or non-normative nature. In some cases, this is determined by the court.
Keywords: normative act, legal act, subject of law, features of law, legal position.
Article bibliography
1. Methodological recommendations for determining the normative nature of legal acts of constituent entities of the Russian Federation and municipal legal acts for the purposes of maintaining the federal register of normative legal acts of constituent entities of the Russian Federation, the federal register of municipal normative legal acts and registers of municipal normative legal acts of constituent entities of the Russian Federation. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_427900/ (date accessed: 11.09.2024).
2. Russian Federation. Resolution of the Plenum of the Supreme Court of the Russian Federation of 25.12.2018 No. 50 “On the practice of considering cases by courts on challenging regulatory legal acts and acts containing clarifications of legislation and possessing regulatory properties”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_314764/ (date of access: 11.09.2024).
3. Law of the Republic of Dagestan of 16.04.1997 No. 8 (as amended on 07.07.2023) “On regulatory legal acts of the Republic of Dagestan” (adopted by the People’s Assembly of the Republic of Dagestan on 31.03.1997). [Electronic resource].– Access mode: https://www.consultant.ru/regbase/cgi/online.cgi?req=doc;base=RLAW346;n=46216#ctVBSRUrqkv3dhdC (date of access: 11.09.2024).
4. Resolution of the Constitutional Court of the Russian Federation of 17.11.1997 No. 17-P “On the case of verifying the constitutionality of Resolutions of the State Duma of the Federal Assembly of the Russian Federation of July 21, 1995 No. 1090-1 GD “On certain issues of application of the Federal Law “On Amendments and Additions to the Law of the Russian Federation “On the Status of Judges in the Russian Federation” and of October 11, 1996 No. 682-II GD “On the Procedure for Applying Clause 2 of Article 855 of the Civil Code of the Russian Federation”. [Electronic resource]. – Mode access: https://www.consultant.ru/document/cons_doc_LAW_16835/ (date of access: 11.09.2024).
5. Resolution of the Government of the Republic of Dagestan of 18.07.2000 N 126 (as amended on 03.05.2006, as amended on 13.10.2021) “On the Committee of the Government of the Republic of Dagestan on Viticulture and Alcohol Industry”. [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=816661#9yLCSRUqs7gj18H2 (date of access: 11.09.2024).
6. Resolution of the Plenum of the Supreme Court of the Russian Federation of 17.11.2015 No. 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_189010/ (date of access: 11.09.2024).
7. Resolution of the Constitutional Court of the Russian Federation of 31.03.2015 No. 6-P “On the case of verifying the constitutionality of paragraph 1 of part 4 of Article 2 of the Federal Constitutional Law “On the Supreme Court of the Russian Federation” and the third paragraph of subparagraph 1 of paragraph 1 of Article 342 of the Tax Code of the Russian Federation in connection with the complaint of the open joint-stock company Gazprom Neft.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_177352/ (date of access: 11.09.2024).
THEORY STATES AND RIGHTS
SAITBATALOVA Venera Tuhfatovna
senior lecturer of Theory and history of state and law sub-faculty, Sibai Institute (branch), Ufa University of Science and Technology
LEGAL REGULATION IN THE FIELD OF COMPUTER GAMES
The peculiarity of modern society today is its virtualization. We state the fact of the transition of most of real life to virtual. Especially with the advent of virtual reality devices. The article discusses the issues of legal regulation of relations between players in online games in the event of conflict and/or illegal situations. The problems and statistics of thefts in online games and communication in global and local chats are considered.
Keywords: responsibility, crime, online games.
Article bibliography
1. Criminal Code of the Russian Federation: adopted by the State Duma on May 24, 1996: as of July 2, 2024. Violation of copyright and related rights. Article 159.6. Fraud in the field of computer information. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/51c53d82b60ac8c009745bdea3838d507064c6d3/ (date accessed: 02.07.2024) – Text: electronic.
2. Criminal Code of the Russian Federation: adopted by the State Duma on May 24, 1996: as of July 2, 2024. Violation of copyright and related rights. Article 160. Misappropriation or embezzlement. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/4641cfe1bdfab945ead3ae228d36c3e8141dd9f1/ (date accessed: 02.07.2024) – Text: electronic.
3. Code of the Russian Federation on Administrative Offenses [Article 5.61. Insult]: dated 30.12.2001 No. 195-FZ (as amended on 24.04.2020) // Collection of Legislation of the Russian Federation. – 07.01.2002. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34661/d40cbd099d17057d9697b15ee8368e49953416ae/ (date accessed: 02.07.2024) – Text: electronic.
4. Criminal Code of the Russian Federation: adopted by the State Duma on May 24, 1996: as of July 2, 2024. Article 119. Threat of murder or causing grievous bodily harm. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/37fd891311615f23654aa2bd69d386fc6c0c8470/ (date of access: 07/02/2024) – Text: electronic.
5. Online bullying: article for insults on the Internet and cyberbullying. [Electronic resource]. – Access mode: https://reputation.moscow (date of access: 07/02/2024) – Text: electronic.
6. Theft of things/account. And how to write correctly to Steam Support. [Electronic resource]. – Access mode: https://dota2.ru/forum/threads/krazha-veschej-akkaunta-i-kak-pravilno-napisat-v-steam-support.670950/ (date of access: 02.07.2024) – Text: electronic.
7. Advocate newspaper. Organ of the Federal Chamber of Advocates of the Russian Federation. “Cybercrimes are becoming more and more common, but their detection rate is decreasing.” [Electronic resource]. – Access mode:access: https://www.advgazeta.ru/novosti/kiberprestupleniy-stanovitsya-vse-bolshe-odnako-ikh-raskryvaemost-umenshaetsya/ (date accessed: 02.07.2024) – Text: electronic.
8. Advocate newspaper. Body of the Federal Chamber of Advocates of the Russian Federation. The main socio-demographic and criminal-legal characteristics of those convicted under Art. 159.3 and 159.6 of the Criminal Code. Analysis of statistics for 2019–2022. [Electronic resource]. – Access mode: https://www.advgazeta.ru/mneniya/osnovnye-sotsialno-demograficheskie-i-ugolovno-pravovye-priznaki-osuzhdennykh-po-st-159-3-i-159-6-uk/#:~:text=For%20a%20crime%20under%20article.,is%20about%2055%2C6%25. (accessed: 02.07.2024) – Text: electronic.
9. Rules of conduct on Steam. Official Steam website. [Electronic resource]. – Access mode: https://store.steampowered.com/online_conduct/Steam?l=russian. (date accessed: 02.07.2024) – Text: electronic.
THEORY OF STATE AND LAW
TIMOFEEVA Tatyana Fedorovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, I. N. Ulyanov Chuvash State University, Cheboksary
TIMOFEEV Viktor Valerjevich
Ph.D. in Law, associate professor, Cheboksary Institute (branch), Moscow University of Humanities and Economics
ON LAW ENFORCEMENT APPROACHES IN THE SPHERE OF MIGRATION (USING THE EXAMPLE OF THE CHUVASH REPUBLIC)
The analysis of legal grounds for legal stay in Russia and the facts of non-expulsion of foreign citizens brought to administrative responsibility several times seems to be extremely relevant in the context of the current difficult foreign policy situation. The relevance of the topic is due to scientific and practical interest in the established law enforcement approaches in the migration sphere. The authors believe that failure to ensure the safety of citizens of the country undermines their trust in the policy pursued by the authorities to protect the population of the Russian Federation from illegal encroachments by foreign citizens. The authors come to the conclusion about the need for more conceptual regulatory transformations. The results of the work can be used both in studying issues related to the migration sphere and in developing proposals for improving the legal regulation in this area. It is necessary to understand that failure to fully fulfill the obligation to leave the Russian Federation by offenders creates risks of their further illegal behavior on the territory of our country.
Keywords: foreign citizens, migration, educational migration, educational visa, administrative responsibility, migration registration, court.
Article bibliography
1. Order of the Ministry of Internal Affairs of Russia dated 04.12.2019 No. 907 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for the registration, issuance, extension of validity and restoration of visas to foreign citizens and stateless persons” (as amended and supplemented, entered into force on 01.01.2023). Access from the reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_343317/?ysclid=m3ge20cdq0164982122 (date of access: 01.11.2024).
2. Ministry of Internal Affairs of the Chuvash Republic. [Electronic resource]. – Access mode: https://21.xn--b1aew.xn--p1ai/ (date of access: 09.11.2024).
3. Federal Law of August 15, 1996 No. 114-FZ “On the Procedure for Leaving the Russian Federation and Entering the Russian Federation” (as amended on 08.08.2024). Access from the reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_11376/ (date of access: 02.11.2024).
4. Federal Law of July 25, 2002 No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation” (as amended on 08.08.2024). Access from the reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_37868/ (date of access: 05.11.2024).
5. Federal Law of April 28, 2023 No. 138-FZ “On Citizenship of the Russian Federation” (as amended on 08.08.2024). Access from the reference. legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_445998/?ysclid=m3geshwj73860744356 (date of access: 07.11.2024).
HISTORY OF THE STATE AND LAW
BEREZINA Elena Alexandrovna
Ph.D. in Law, associate professor, associate professor of S. S. Alexeev theory of state and law sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg
THE ROLE OF F. K. SAVIGNY’S THEORY IN THE FORMATION AND DEVELOPMENT OF A SYSTEMATIC APPROACH IN LAW
The article considers the historical and systematic method of cognition of the phenomena of legal reality proposed by F. K. Savigny. The role of the doctrine developed by him in the formation and development of a systematic approach in law is emphasized. The aspects of the analysis of law as a system that can be identified in Savigny’s theory are highlighted. The role of Savigny as a practicing lawyer, whose activities were aimed at transforming legal reality, at using a systematic method in order to construct a new legal reality, is noted.
Keywords: system, systematic approach, systematic approach in law, historical school of law, historical and systematic method, F. K. Savigny’s theory, folk spirit, interpretation of law, legal technology.
Article bibliography
1. Arkhipov S. I. The system of law: the origin and development of the theory. Part 1. Ideas about the system of law in the German historical and realistic schools of law and in Russian pre-revolutionary legal science // Electronic supplement to the Russian Law Journal. – 2023. –№ 4. – P. 5-18.
2. Savigny F. K. The system of modern Roman law.: in 8 volumes. T. I. / Translated from German by G. Zhigulin; Ed. O. Kutateladze, V. Zubar. – M.: Statut, 2011. – 510 p.
3. The legal system: current state, problems and development prospects: monograph. – M.: Rusains, 2024. – 187 p.
HISTORY OF STATE AND LAW
BERLYAKOV Denis Petrovich
postgraduate student of Theory and history of state and law sub-faculty, Institute of Law, Altai State University, Barnaul
NATIONAL LEGAL PSYCHOLOGY OF THE EAST SLAVIC PEOPLE IN THE HISTORICAL AND LEGAL ASPECT
The relevance of the research lies in the fact that the consideration of the national legal psychology of the East Slavic people in the historical and legal aspect will allow us to understand the features of modern legal consciousness. The article examines the features of the legal system of Ancient Russia, public administration based on the norms of customary and ecclesiastical law. The influence of church law on the national legal psychology of the East Slavic people is noted, as well as the fact that modern Russian legislation recognizes the customs and traditions of the people that do not contradict legal norms. It follows from the results of the study that historical and legal events have an impact on the legal consciousness, the national legal psychology of the people and the attitude to law are being formed. The materials of the publication can be used to improve the theory of national legal psychology for further research and use in law enforcement and responding to events, taking into account the peculiarities of national legal psychology.
Keywords: national legal psychology, legal awareness, features of the legal system, historical and legal aspect, the East Slavic people.
Article bibliographic listk
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6. Leshkov V. N. Russian people and state: History of Russian public law until the 18th century / Comp. Dr. of Law, prof. I. I. Mushket; introductory article Dr. of Law, prof. E. B. Khokhlova. – SPb.: R. Aslanov Publishing House “Yuridichesky Tsentr Press”, 2004. – 562 p.
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HISTORY OF STATE AND LAW
BOLSHAKOVA Valentina Mikhaylovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, Nizhny Novgorod Institute of Management (branch), Russian Academy of National Economy and Public Administration under the President of the Russian Federation
FEATURES AND PROBLEMS OF LEGAL REGULATION OF THE FUNCTIONING OF MILITARY COURTS IN THE JUDICIAL SYSTEM OF THE RUSSIAN FEDERATION
Recently, there has been a number of conceptual studies devoted to the analysis of judicial transformations, judicial reforms and dynamic changes in domestic judicial structures. This is due to the ever-increasing role of the court in modern social reality, its functions to protect violated rights and objectively resolve disputes. In the structure of federal courts of general jurisdiction, a special federal constitutional law provides for military courts exercising judicial power in the Armed Forces of the country. In 2018, during the fundamental changes in procedural rules and legislation on the judicial system, the structure of the military component of the judicial system also changed, a new system of military courts was formed. For these purposes, some courts were created, reformed or abolished. The work summarizes scientific ideas and legislative provisions on the functioning of the military component of the judicial system and also offers recommendations for changing the current legislation on the judicial system, in terms of military courts.
Keywords: judicial system, judicial reform, justice, judicial power, courts of general jurisdiction, military courts.
Article bibliography
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HISTORY OF STATE AND LAW
ISHMUKHAMETOV Samat Rustamovich
postgraduate student of Theory of state and law sub-faculty, assistant of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
THE ACTIVITIES OF STATES TO COUNTER AVIATION TERRORISM IN THE MIDDLE OF THE XX – BEGINNING OF THE XXI CENTURY
The article analyzes the evolution of the international legal fight against terrorism, especially in the context of aviation security, since the end of the 19th century. The key stages in the development of international legal norms aimed at countering aviation terrorism and acts of harmful interference in civil aviation, in particular, are examined. The author describes in detail the formation and development of international conventions and protocols, as well as the role of various international organizations, including ICAO and the UN, in this process. The importance of collective endeavors and universal legal frameworks is emphasized through an examination of key instruments such as the Tokyo, Hague and Montreal Conventions, as well as modern initiatives such as the Beijing Convention and the Beijing Protocol. Trends from a reactive approach to proactive measures that enhance aviation security in the face of contemporary threats are examined. Particular attention is paid to the changes in legal regulation provoked by the growing threats of the phenomenon of terrorism and the response to them at different stages of international development. The author analyses how new threats were incorporated into the legal framework based on specific historical events, including the 9/11 attacks and subsequent changes in aviation security.
Keywords: aviation terrorism, international co-operation, UN, ICAO, anti-terrorist conventions, civil aviation security, global security.
Article bibliography
1. Batalov A. A. Some trends in international legal regulation of the fight against acts of unlawful interference in civil aviation in light of the 2010 Beijing International Conference on Air Law // Eurasian Law Journal. 2013. No. 6 (61). P. 56-61.
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3. Konyukhova A. S. Actual problems of improving the jurisdictional provisions of the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 // Eurasian Law Journal. 2014. No. 8 (75). P. 88-94.
4. Nigmatullin R. V., Suleimanova R. R., Nasyrovand E. V. Modern trends in the UN fight against international terrorism // State and Law. 2022. No. 10. Pp. 176-183.
5. Nigmatullin R. V. International legal problems of countering foreign terrorist fighters // International law as a basis for dialogue and guarantees of peace: Proceedings of the round table of the XIX International Congress “Blishchenko Readings”, Moscow, April 15, 2023. Moscow: Peoples’ Friendship University of Russia, 2024. Pp. 269-281.
6. Abashidze A. Kh., Simonova M. A., Nigmatullin R. V. [et al.]. The UN and the challenges of the modern world in the XXI century: collective monograph. Ufa: Bashkir State University, 2021. 152 p.
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HISTORY OF STATE AND LAW
MELKONYAN Vartan Gareginovich
postgraduate student, N. G. and A. G. Stoletov Vladimir State University
THE HISTORY OF THE FORMATION AND DEVELOPMENT OF THE PRINCIPLE OF UNITY OF JUDICIAL PRACTICE IN THE PRE-SOVIET AND SOVIET PERIODS OF THE RUSSIAN STATE
The article examines the history of the formation of the principle of unity of judicial practice in the pre-Soviet and Soviet periods of Russian statehood. The purpose of this study is to identify the patterns of formation and development of the above-mentioned principle. Its structure, stages of development, connection with the principles of legal certainty and the rule of law are analyzed. The normative legal acts regulating the principle under study are given. The state authorities in the Russian Empire and the USSR (RSFSR), which exercised control over the implementation of this principle, are identified; their powers to implement the principle under study in the corresponding periods of development of Russian and Soviet judicial proceedings are analyzed. The research used methods of comparative legal analysis, a systematic, historical, formal legal method. The result of the study will reveal the patterns of formation and development of the principle under study to determine its current state and identify problems.
Keywords: the rule of law, uniformity of judicial practice, uniform interpretation and application of legal norms, legal certainty, the principle of unity of judicial practice, clarification of legal norms, judicial practice, judicial proceedings.
Article bibliography
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HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty, Institute of law, Ufa University of Science and Technology
RUDMAN Mark Naumovich
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty, Institute of law, Ufa University of Science and Technology
ESTABLISHMENT OF PROCEDURAL INSTITUTIONS ENSURING CONSTITUTIONAL GOVERNANCE (PART 1)
The article analyzes historical and cultural conditions which led to the emergence and development of practicecal ways to organize and limit public power in order to ensure individual freedom. Based on the historical material of ancient Roman and medieval history, religious and political prerequisites for the formation of constitutional institutions guaranteeing the individual’s safety from state arbitrariness are revealed. The article in detail considers the role of The Papal Revolution and The Reformation in the emergence of modern foundations of constitutional governance.
Keywords: constitutional government, religious community, freedom of religion, freedom of thought, ensuring the rights, public authority, procedural institution.
Article bibliography
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2. Berman G. J. Western legal tradition: the era of formation / Translated from English. – M.: Infra-M – Norma, 1998. – 624 p.
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4. Novikova O. I., Rudman M. N. The influence of medieval Christian ideology on the formation of modern constitutionalism // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (77). – P. 17-22.
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HISTORY OF STATE AND LAW
PEREVOZCHIKOV Alexander Valerjevich
postgraduate student of Criminal law, theory and history of state and law sub-faculty, Academician I. G. Petrovsky Bryansk State University
THE PROBLEM OF LEGISLATIVE CONSOLIDATION OF THE STATUS OF LOCAL INSTITUTIONS OF THE BALTIC ENTITIES ON THE BASIS OF SOURCES OF PARTICULAR LAW BEFORE JOINING THE RUSSIAN EMPIRE
The article discusses the problems of legislative consolidation of public authorities of the Baltic entities before joining Russia. By the time they became part of the Russian Empire, the Baltic entities had a state administrative apparatus that conducted legal proceedings on the basis of German, Polish and Swedish legislation. Judicial institutions, being a class body, consisted of the nobility. The composition of public places was approved by the government. The current sources of Baltic law were the charters of local rulers, bulls and privileges given by Roman emperors and popes, as well as provisions adopted at meetings (landtags), which are a type of legislation.
Keywords: Baltic legislation, sources of law, charters of Gustav Adolf and Stefan Batory, Privileges of Sigismund Augustus, judicial system, Landgericht, Hofgericht, Landtag, noble class government, matriculum.
Bibliographic list of articles
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CONSTITUTIONAL LAW
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, associate professor of Justice sub-faculty, Penza State University
AKBERDIEV Timur Alexeevich
student of group 21, Penza State University, Chairman of the Youth Council under the Commissioner for Human Rights in the Penza Region
EXTREMISM AND COUNTERACTION ISSUES BY MEANS OF PROSECUTORIAL SUPERVISION
Extremism as a multifaceted transnational phenomenon poses a sensitive threat to the national security of the Russian Federation. In this regard, one of the priorities of the prosecutor’s supervision today is the timely prevention of extremism, the identification and elimination of both the causes and conditions conducive to its manifestation. Departmental methodological, theoretical and practice-oriented developments in their entirety should be the basis for determining and choosing specific legal means by the prosecutor. Whereas the improvement of the current legislation of Russia in this area should be directed not only at specifying specific acts in a specific regulatory legal act, but also bringing them into the system, with disclosure in departmental documents of the requirements for the form and content structure of each.
Keywords: extremism, legal means, means of prosecutorial supervision, national security, transnational phenomenon, actions of the prosecutor, prevention, prevention, methodological developments.
Article bibliography
1. Agapov P. V., Borisov S. V., Brilliantov A. V. et al. Prosecutor’s supervision of the implementation of laws on state security, interethnic relations and counteraction to extremism: manual / Academy of the Prosecutor General’s Office of the Russian Federation. – Moscow, 2013. – 236 p.
2. Agapov P. V., Borisov S. V., Vasnetsova A. S., et al. Extremism: Counteraction Strategy and Prosecutor’s Supervision: Monograph / Academy of the Prosecutor General’s Office of the Russian Federation. – Moscow, 2015. – 428 p.
3. Alekseev A. A. Law: ABC – Theory – Philosophy. Experience of a Comprehensive Study. – Moscow: Statut. 1999. – 710 p.
4. Batyukova V. E. Some Trends in the Development of Youth Extremism in Russia // Modern Law. – 2024. – No. 5. – P. 86-89 // Consultant Plus Reference Legal System: [website]. – [Electronic resource]. – Access mode: https://online.consultant.ru/riv/cgi/online.cgi?req=doc&base=CJI&n=11695#16gMjTUEVStIaFP5 (date of access: 10.11.2024).
5. Danilyuk S. E. Constitutional hermeneutics as the art of searching for a socially creative regulatory idea // Journal of Russian Law. – 2024. – No. 8. – P. 54-69.
6. Ergashev E. R. Concept and classification of legal means applied by prosecutors // Russian Law Journal. – 2007. – No. 1 (53). – P. 116-119.
7. Korshunova O. N., Golovko I. I., Plugar D. M. [et al.]. The activities of the prosecutor’s office to counter extremism, terrorism and their financing: a textbook / Ed. O. N. Korshunova. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2023. – 216 p.
8. Korshunova O. N., Lavrov V. V., Nikitin E. L. et al. Means of prosecutorial activity: problems of theory and practice: monograph. – Moscow: RUSAINES, 2019. – 268 p. // Consultant Plus reference legal system: [website]. – [Electronic resource]. – Access mode: https://online.consultant.ru/riv/cgi/online.cgi?req=doc&base=CMB&n= 18895#gS TRMTUNFMkDDXGF (date of access: 06.11.2024).
9. Malko AV Legal means as a general theoretical problem // Jurisprudence. – 1999. – No. 2. – P. 4-16.
10. Rostokinsky AV Extremist crimes as manifestations of subcultural conflicts of youth associations: criminal-legal and criminological problems: monograph. – Saratov: Science, 2007. – 418 p.
CONSTITUTIONAL LAW
BELYKH Denis Vadimovich
postgraduate student of Constitutional and administrative law sub-faculty, Baikal State University, Irkutsk
ANALYSIS OF LEGISLATIVE MEASURES OF CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF FOREIGN COUNTRIES
The article examines the measures of constitutional and legal responsibility of parties in foreign countries. Theoretical and practical aspects of the measures are presented. The constitutional aspects of this issue are examined in the context of legal doctrine, as well as in the context of legislation on political parties. Common features and key differences in the legal regulation of this area between different states are identified. The article also suggests possible ways of adapting individual elements of foreign legislation in the context of the Russian legal system concerning political parties.
Keywords: constitutional and legal responsibility of political parties, legal regulations, dissolution of political parties, liquidation of politicalal parties.
Article bibliography
1. Vinogradov V. A. Constitutional and legal liability: a systemic study: dis. … Doctor of Law. – M., 2005. – 348 p.
2. 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: 01.10.2024).
3. Sivoplyas A. V. Foreign experience in the normative consolidation of measures of legal liability of political parties // Perm legal almanac. – 2018. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zarubezhnyy-opyt-normativnogo-zakrepleniya-mer-yuridicheskoy-otvetstvennosti-politicheskih-partiy (date of access: 01.10.2024).
CONSTITUTIONAL LAW
GADZHIEV Alisultan Shamsulaevich
Ph.D. in Law, associate professor, Head of Constitutional and municipal law sub-faculty, Institute of Law, Dagestan State University, Makhachkala
ALIKULIEVA Nadiya Timurovna
magister student of the 1st course of Constitutional and municipal law sub-faculty, Institute of Law, Dagestan State University, Makhachkala
FREEDOM OF COMPETITION IN THE RUSSIAN FEDERATION AS THE ECONOMIC FOUNDATION OF THE CONSTITUTIONAL SYSTEM
The article examines freedom of competition as an essential component of the economic foundation of the constitutional system of the Russian Federation. It addresses legal and practical aspects of antimonopoly regulation, including issues of monopolization and unfair competition. Special attention is given to the role of the Federal Antimonopoly Service in curbing anti-competitive practices and ensuring fair market conditions. The author emphasizes that effective antimonopoly regulation promotes economic growth and supports democratic principles.
Keywords: freedom of competition, antimonopoly regulation, Federal Antimonopoly Service, unfair competition, innovative development, legal education, market economy.
Article bibliography
1. Mokhor N. V. Economic foundations of the constitutional system of the Russian Federation // Science in the modern world: development priorities. – 2019. – No. 1 (5). – P. 130-132.
2. Perfilov E. K. Freedom of competition as an economic basis for the constitutional system of Russia // Law and state: theory and practice. – 2017. – No. 7 (151). – P. 55-58.
3. Semenova N.K., Ageeva I.M. Constitutional regulation of economic relations in the Russian Federation // Bulletin of the Prikamsky Social Institute. – 2020. – No. 3 (87). – P. 74-79.
4. Saudakhanov M.V. Concept and structure of the economic basis of the constitutional system of the Russian Federation // Civil service and personnel. – 2019. – No. 2. – P. 42-44.
CONSTITUTIONAL LAW
DIBIROV Yusup Saybulaevich
senior lecturer of Administrative, financial and customs law sub-faculty, Dagestan State University, Makhachkala
THE RIGHT TO LIFE IN RUSSIAN CONSTITUTIONAL LAW
The author explores the key value of the right to life, enshrined in the Constitution of the Russian Federation and other normative acts. The paper discusses the main provisions concerning the protection of the right to life, including its guarantees and limitations. Particular attention is paid to the analysis of judicial practice, which illustrates the application of norms on the right to life in various contexts, the right to protection of life and health, as well as issues related to euthanasia.
Keywords: euthanasia, right to life, death penalty, Constitutional Court.
Article bibliography
1. Kazantseva O. O. The value of life and the concept of the right to life // Jurislinguistics. – 2022. – No. 26 (37). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-tsennosti-zhizni-i-poniyatii-prava-na-zhizn (date of access: 11/18/2024).
2. Pasmarnova V. E. On the issue of the concept of the right to life // Science. Society. State. – 2014. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-ponyatii-prava-na-zhizn (date of access: 11/18/2024).
3. Magaeva T. A. Human right to life: concept and content // Bulletin of science. – 2020. – No. 7 (28). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-cheloveka-na-zhizn-ponyatie-i-soderzhanie (date of access: 11/18/2024).
ADMINISTRATIVE LAW
ABDULAZIZOVA Patimat Gasanovna
Ph.D. in Law, associate professor of Constitutional (state) administrative law sub-faculty, North-Caucasusian Institute (branch), Russian State University of Justice (RLA of the Ministry of Justice of Russia)
GADZHIEVA Khalisat Valerjevna
Ph.D. in Law, associate professor of Constitutional (state) administrative law sub-faculty, North-Caucasian Institute (branch), Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ADMINISTRATIVE AND LEGAL REGULATION OF COMPULSORY INSURANCE IN THE RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS
The article discusses some issues of administrative and legal regulation of compulsory insurance in Russia. The main problems associated with the administrative and legal regulation of compulsory insurance are listed. The purpose of this article is to develop ways to solve these problems. The main types of compulsory insurance are listed. The reform of the pension and social insurance systems is discussed. Methods of administrative and legal regulation of compulsory insurance are proposed. Conclusions are drawn about the need to improve the regulatory framework for compulsory insurance in Russia.
Keywords: administrative and legal regulation, compulsory insurance, employers, pensions, property interests.
Article bibliography
1. Ageyev S. O. Problems of administrative and legal regulation of insurance activities in the Russian Federation // Theoretical and practical aspects of the development of modern science: theory, methodology, practice Collection of articles based on the materials of the international scientific and practical conference. – 2019. – P. 152-159.
2. Antonova L. V. Compulsory pension insurance in Russia // “Scientific and practical electronic journal Alley of Science”. – 2022. – No. 9 (72).
3. Apanasenko A. E. Compulsory insurance system: concept and features // Humanitarian and legal studies. – 2022. – V. 9, No. 4. – P. 623-629.
4. Borzunov I. V., Kalitskaya V. V. Problems and Prospects of Reforming the Pension and Social Insurance Fund // Bulletin of the Altai Academy of Economics and Law. – 2023. – No. 12-3. – P. 391-395.
5. Gromova A. A. The Main Tasks of Insurance in the Russian Federation at the Present Stage // Law. Right. State. – 2023. – No. 1 (37). – P. 86-88.
6. Efimov O. N. State Supervision and Regulation of Insurance Activities: Basic Lecture Course. – Saratov: Publishing house “Vuzovskoe obrazovanie”, 2014. – 131 p.
7. Ivanova S. V. Membership in a self-regulatory organization (SRO) // SPS Consultant Plus. – 2021.
8. Magomedova A. G. On the effectiveness of the modern pension system of Russia // Legal Bulletin of the Dagestan State University. – 2016. – Vol. 19, No. 3. – Pp. 114-117.
9. Machulskaya E. E. Social security law: a textbook for secondary vocational education. – 4th ed., revised. and additional. – Moscow: Publishing house Yurait, 2022. – 449 p.
10. Osipova E. S. Compulsory pension insurance in Russia: modern problems // Law. Law. State. – 2023. – No. 3 (39). – P. 63-64.
11. Filippova A. V. Compulsory pension insurance // Bulletin of the National Institute of Business. – 2020. – No. 40. – P. 71-74. – [Electronic resource]. – Access mode: https://cyberleninka.ru/ (date of access 04/17/2022).
12. Shaula V. N. The essence of compulsory insurance in the Russian Federation // Issues of sustainable development of society. – 2022. – No. 6. – P. 224-229.
13. Shunaylov V. N. Administrative and legal regulation of insurance activities in the Russian Federation // Young scientist. – 2020. – No. 46 (336). – P. 383-385. – [Electronic resource]. – Access mode: https://moluch.ru/archive/336/74954/ (date accessed: 27.02.2024).
ADMINISTRATIVE LAW
AYUBOVA Shuainat Israpilovna
Ph.D. in historical sciences, associate professor of Legal disciplines and teaching methods sub-faculty, R. Gamzatov Dagestan State Pedagogical University
SERKEROV Samur Elmirovich
Ph.D. in Law, associate professor, Head of Legal disciplines and teaching methods sub-faculty, R. Gamzatov Dagestan State Pedagogical University
ABDULVAGABOV Abdulvagab Magomedovich
postgraduate student of the 3rd year of study of Legal disciplines and teaching methods sub-faculty, R. Gamzatov Dagestan State Pedagogical University
THE CONCEPT OF ADMINISTRATIVE RESPONSIBILITY FOR ENVIRONMENTAL OFFENSES
The article is devoted to the study of key concepts and definitions related to administrative liability in the field of ecology. The authors focus on the relevance of the topic, emphasizing the importance of environmental safety and the role of administrative liability in environmental protection. The foundation theoreticals of environmental offenses are considered, including their definition, classification and legal framework, as well as the differences between administrativeand criminal liability.
Keywords: Ecology, environmental protection, quality of human life, offense.
Article bibliography
1. Golubkova D. S. Administrative offenses in the field of environmental law // Bulletin of the student scientific society of the State Educational Institution of Higher Professional Education “Donetsk National University”. – 2018. – Vol. 4, No. 10-1. – P. 159-162. EDN ZATULR.15:35.
2. Leonova A. D. Distinction between criminal and administrative liability for violations of legislation in the field of environmental protection // International Journal of Humanities and Natural Sciences. – 2022. – No. 12-1.
3. Pakhomova Ya. A. Administrative liability for environmental offenses in the field of environmental protection // Issues of Russian justice. – 2021. – No. 11.
4. Chernyaev A. S. Administrative liability for environmental offenses in the Russian Federation // International Journal of Humanities and Natural Sciences. – 2023. – No. 4-4 (79).
5. Yunkina O. P. The concept of an administrative environmental offense // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2011. – No. 8.
6. [Electronic resource]. – Access mode: www.vedomosti.ru//society/articles/2024/04/10/1030842-kolichestvo-ekologicheskih-narushenii-vozroslo-na-tret (date of access: 01.12.2024).
ADMINISTRATIVE LAW
DEMCHENKO Nikolay Viktorovich
Ph.D. in Law, associate professor, Deputy Head of Administrative and legal disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
PANFILOVA Olga Valentinovna
Ph.D. in Law, associate professor of Safety at transport facilities sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
DUDAEV Anatoliy Borisovich
Ph.D. in Law, associate professor, associate professor of Administrative and legal disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
IMPROVING THE SYSTEM OF MEASURES TO PREVENT AND SUPPRESS ADMINISTRATIVE OFFENSES RELATED TO THE ILLEGAL EXTRACTION OF AQUATIC BIOLOGICAL RESOURCES
Prevention as an activity of authorized bodies and their officials contains a set of measures aimed at preventing the commission of offenses. Prevention and suppression of administrative offenses related to illegal mining (catch) aquatic biological resources, plays a leading role in the mechanism of legal support for environmental safety, which is one of the main components of the national security system of the Russian Federation as a whole.
Recently, the number of offenses in this area has been increasing, which is why it is necessary to improve the system of measures aimed at preventing and suppressing administrative offenses in the field of illegal extraction of aquatic biological resources.
The main way to combat these violations is to carry out a joint set of measures with the participation of not only internal affairs bodies, but also other government services, agencies and departments.
Keywords: administrative offenses, illegal extraction (catch) of aquatic biological resources, prevention, suppression, interaction.
Bibliographic list of articles
1. Petrov I. V. Criminal characteristics of illegal extraction (catch) of aquatic biological resources and possible ways of improvement counteraction by law enforcement agencies // Business and Law. – 2024. – No. 4. – P. 49-58.
2. Zubkova AV On the effectiveness of measures to prevent illegal extraction (catch) of aquatic biological resources // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (94). – P. 103.
3. Martynov AV, Chernikov VV Moratorium on inspections as a special method of regulating control and supervisory activities // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2023. – No. 1. – P. 114-132.
4. Kolmykov S. N., Nikonov N. S. Problematic aspects of legal regulation of the activities of the transport police to suppress offenses related to the illegal extraction of aquatic biological resources / Actual issues of sustainable nature management: scientific and methodological support and practical solution: collection of materials of the International scientific and practical conference dedicated to the 60th anniversary of the Research Laboratory of Landscape Ecology of the Faculty of Geography and Geoinformatics of BSU; editorial board: D. S. Vorobyov et al. – Minsk: BSU, 2022. – P. 104-107.
5. Giryichuk V. V., Sitkina M. N. Effectiveness of administrative and criminal procedural measures of the police in the fight against criminal encroachments on aquatic biological resources (on the example of Primorsky Krai) // Law and education. – 2018. – No. 4. – P. 145-149.
ADMINISTRATIVE LAW
ZINKOV Evgeniy Nikolaevich
PhD in Law, associate professor, associate professor of Theory of law and public law disciplinessub-faculty, Institute of Law, Samara State University of Economics
DAVLETOV Ruslan Ravilevich
postgraduate student of the 2nd course of education in the scientific specialty 5.1.2 Public Law (Public Law) Sciences, Institute of Law, Samara State University of Economics
TSODOKOV Pavel Andreevich
student of the 3rd course, Institute of Law, Samara State University of Economics
FEATURES OF ANTI-CORRUPTION IN THE CIVIL SERVICE OF THE RUSSIAN FEDERATION
Corruption has a corrupting effect on the state apparatus and hinders the formation of a truly democratic, socially oriented management model in Russia. Currently, the problem of insufficient transparency of the property status of civil servants remains unresolved in this context, which creates a breeding ground for various kinds of corruption abuses. A significant problem is also the lack of effective mechanisms of public control in the field of combating corruption in the civil service. This article aims to identify and analyze the key problems of administrative and legal counteraction to corruption in the civil service, to reveal the specifics of current legal regulation in this area, as well as to formulate proposals to improve the effectiveness of anti-corruption measures.
Keywords: corruption, public service, administrative and legal measures, anti-corruption policy, conflict of interest, declaration of income, anti-corruption standards.
Article bibliography
1. Kataeva E. G., Korytny A. A. Modernization paradigm of combating corruption in the civil service // Public Service. – 2021. – No. 1. – P. 104.
2. Combating corruption: new challenges: monograph / Ed. T. Ya. Khabrieva. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2019. – P. 185.
3. Atagimova E. I., Makarenko G. I. On the issue of increasing the effectiveness of anti-corruption measures in the civil service system of the Russian Federation // Legal informatics. – 2020. – No. 2. – P. 65-66.
4. Bocharnikov D. A. Actual problems of combating corruption in the civil service system // Law and modern states. – 2021. – No. 3. – P. 20-22.
5. Ageev A. A. Combating corruption in the civil service: administrative and legal aspects // Administrative law and process. – 2019. – No. 7. – P. 35.
6. Corruption and anti-corruption policy: dictionary-reference book / Under the general. ed. P. A. Kabanova. – M.: MediaPress, 2008. – P. 61.
7. Sukhareva A. Ya. Anti-corruption restrictions and responsibilities in the state civil service // Journal of Russian Law. – 2018. – No. 7. – P. 166.
ADMINISTRATIVE LAW
KAMALOV Ildar Fanusovich
postgraduate student of International and public law sub-faculty of the Financial University under the Government of the Russian Federation, counselor of the Legal department of the Federal Tax Service
GENESIS OF THE CATEGORY OF LIMITS TO THE EXERCISE OF RIGHTS – FROM PRIVATE LAW CONCEPT TO TAX LAW ENFORCEMENT PRACTICE
The article deals with the problematics of the inter-branch nature of the category of implementation of rights. The author traces the development of doctrinal teachings on the limits of the exercise of rights and carries out a comparative analysis with modern legislation, including legislation on taxes and fees. The opinion is expressed that the concept of the limits of the exercise of rights has the properties of universality and flexibility of content depending on the considered branch of law.
Keywords: Limits to the exercise of rights, genesis of legal categories, balance of private and public interests, inter-branch law institutions, comparative legal analysis.
Article bibliographic list
1. Vavilin E. V. Implementation and protection of civil rights. – 2nd ed., revised and enlarged // SPS “Garant”
2. Gribanov V. P. Implementation and protection of civil rights. – Moscow: Publishing house “Statut”, 2003.
3. Lerche P. Limits of basic rights. – M.: Drofa, 2004.
4. Skudarnov A. S., Shafirov V. M. Discretion in the process of realizing the rights, freedoms and duties of citizens. – M.: Prospect, 2017.
5. Pryazersky S. N. The concept of the implementation of civil rights: some theoretical issues // Bulletin of the University “Cluster”. – 2022. – No. 6 (6).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative and financial law sub-faculty, Dagestan State University, Makhachkala
SOME QUESTIONS OF CONTROL AND SUPERVISION ACTIVITIES OF RUSSIA IN THE FIELD OF MIGRATION
The article examines issues related to the state of the migration situation in Russia, which remains a problematic. The relevance of the topic of the article is due to the scientific and practical significance of migration control issues in our country. The existing problems of organizing migration control in the Russian Federation, as well as migration legislation, are analyzed. Possible solutions are presented. The scientific novelty lies in the fact that the article, based on the analysis of existing problems in this area, reveals the reasons for this situation and the tendency to increase administrative offenses committed by migrants. Conclusions are made that the state should not only create favorable conditions for the adaptation of migrants, but also take measures to strengthen control over foreigners arriving on Russian territory.
Keywords: state, migration control, administrative offenses, legislation, migrants.
Article bibliographic list
1. Evsikova E. V. Migration registration (control): modern realities and development prospects // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – Vol. 9 (75), No. 1. – P. 136-150.
2. Klimova D. V. Legal regulation of public administration in the field of immigration at the present stage // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2024. – Vol. 10 (76), No. 1. – P. 153-159.
3. Korableva A. A., Vetchinova Yu. I. Some problems of administrative and legal regulation of migration processes in the Russian Federation // The concept of society development in the context of a new legal reality: collection of materials from the international scientific and practical conference. – Kursk, 2023. – P. 130-132.
4. Lampadova S. S. On the Prospects for Improving the Mechanisms of Migration Control in the Russian Federation // Actual Problems of Legislative Regulation of Migration Processes in the Territory of the CIS Member States: Proceedings of the Annual International Scientific and Practical Conference / Edited by R. Yu. Avrutin; compiled by: R. Yu. Avrutin, T. F. Fomina, O. S. Polikarpova. – St. Petersburg, 2023. – P. 115-119.
5. Martynov A. V., Chernikov V. V. State Control (Supervision) in the Sphere of Migration: Concept, Features of Legal Regulation and Problematic Issues of Improvement // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. -2023. – No. 3. – P. 93-112.
6. Naumenko E. A. Migration control in the Russian Federation: problems of implementation // Issues of judicial activity and law enforcement in modern conditions: a collection of articles on the results of the II international scientific and practical conference dedicated to the celebration of the 10th anniversary of the reunification of Crimea with the Russian Federation. – Simferopol, 2024. – P. 481-487.
7. Popov I. A., Popova O. I. Migration law // Jurist. – 2013. – No. 2. – P. 12-18.
8. Stepanov A. V. Administrative and legal regime of stay of a foreign citizen in the Russian Federation as an object of migration control // Current issues of control and supervision in socially significant spheres of activity of society and the state: materials of the VI All-Russian scientific and practical conference. – Nizhny Novgorod, 2021. – P. 308-317.
9. Khabrieva T. Ya. Migration law: a comparative legal study: monograph. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2019.
ADMINISTRATIVE LAW
PETROVSKAYA Miroslava Ivanovna
Ph.D. in Law, senior lecturer of Administrative and constitutional law sub-faculty, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
THE RIGHTS AND FREEDOMS OF MINORS: PECULIARITIES OF THEIR PROTECTION, PROBLEMS AND MECHANISMS OF IMPROVEMENT OF LEGISLATION IN FORCE ON THE TERRITORY OF THE RUSSIAN FEDERATION
The article examines the rights and freedoms of minors and their protection, as this category of persons is under special protection of the state. Mechanisms for improving the legislation in force in the Russian Federation are considered and proposed.
The article examines a particularly dangerous phenomenon such as juvenile delinquency, identifies the causes of its occurrence, qualitative and quantitative characteristics, causes of homelessness and neglect among minors, the activities of law enforcement agencies in working with minors and preventive measures to prevent and suppress crimes and offenses among minors.
Particular attention is paid to the influence of family and family relationships on the formation of the personality of a minor, the attitude of parents to the upbringing of children and their perception as full and equal members of society.
The object of this article is a set of social relations arising in the sphere of protecting the rights and freedomsof children.
The purpose of this article is to develop proposals for the protection of the rights and freedoms of minors, identify the main problems of the legislation in force in the Russian Federation and develop new mechanisms for its improvement.
The scientific novelty of this work consists of conducting a comprehensive analysis of the protection of children’s rights and freedoms based on statistical data from state bodies of the Russian Federation.
Keywords: rights and freedoms of minors and their protection, mechanisms for improving legislation, state bodies for the protection of children’s rights, state protection, juvenile delinquency, prevention of homelessness and neglect, causes of crime committed by minors, gaps in legislation, functions for the protection of children’s rights.
Article bibliography
1. Constitution of the Russian Federation [Text] (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 No. 6-FKZ, of 30.12.2008 No. 7-FKZ, dated 05.02.2020 No. 2-FKZ, dated 21.07.2020 No. 11-FKZ) // Collection of Legislation of the Russian Federation. – 2020. – No. 31. – Art. 4398.
2. World Declaration on the Survival, Protection and Development of Children [Text] (adopted in New York on 30.09.1990) // Diplomatic Bulletin. – 1992. – No. 6. – P. 10-13.
3. Declaration of the Rights of the Child [Text] (adopted on 20.11.1959 by Resolution 1386 (XIV) at the 841st plenary session of the UN General Assembly) // International Protection of Human Rights and Freedoms. Collection of documents. – M.: Legal Literature, 1990. – P. 385-388.
4. Convention on the Rights of the Child [Text] (approved by the UN General Assembly on 20.11.1989) // International Protection of Human Rights and Freedoms: Collection of Documents. – M.: Legal Literature, 1990. – P. 388-409.
5. Convention for the Protection of Human Rights and Fundamental Freedoms [Text] (concluded in Rome on 04.11.1950) (as amended on 13.05.2004) // Collection of Legislation of the Russian Federation. – 2001. – No. 2. – Art. 163.
6. International Covenant on Civil and Political Rights [Text] (adopted on 16.12.1966 by Resolution 2200 (XXI) at the 1496th plenary session of the UN General Assembly) // International Protection of Human Rights and Freedoms. Collection of documents. – M., 1990. Pp. 32-53.
7. United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) [Text] (adopted on 29 November 1985 by Resolution No. 40/33 of the UN General Assembly) // International acts on human rights: collection of documents. – M., 1999. – 784 p.
8. On state benefits to citizens with children [Text]: Federal Law of 19.05.1995 No. 81-FZ (as amended on 03.07.2016) (as amended and supplemented, entered into force on 01.01.2017) // Collected Legislation of the Russian Federation. – 1995. – No. 21. – Art. 1929.
9. On additional guarantees for social support of orphans and children left without parental care [Text]: Federal Law of 21.12.1996 No. 159-FZ (as amended on 28.12.2016) // Collected Legislation of the Russian Federation. – 1996. – No. 52. – Art. 5880.
10. On the Basic Guarantees of the Rights of the Child in the Russian Federation [Text]: Federal Law of 24.07.1998 No. 124-FZ (as amended on 28.12.2016) // Collected Legislation of the Russian Federation. – 1998. – No. 31. – Art. 3802.
11. On the Fundamentals of the System for the Prevention of Neglect and Delinquency of Minors [Text]: Federal Law of 24.06.1999 No. 120-FZ (as amended on 03.07.2016) // Collected Legislation of the Russian Federation. – 1999. – No. 26. – Art. 3177.
ADMINISTRATIVE LAW
SINKOV Ivan Andreevich
senior lecturer of Administrative and financial law sub-faculty, Law Faculty, N. I. Lobachevsky Nizhny Novgorod National Research State University
CONTROL OVER THE EXECUTION OF ADMINISTRATIVE RESPONSE ACTS ADOPTED BASED ON THE RESULTS OF CONTROL AND SUPERVISORY ACTIVITIES
The article considers the control over the execution of administrative response acts adopted based on the results of control and supervisory activities as an independent stage of control and supervisory proceedings. Based on the analysis, the concept of the stage of control over the execution of administrative response acts adopted based on the results of control and supervision activities was formulated, its tasks, procedures, deadlines and actions within this stage were defined.
Keywords: control and supervision activities, state control, administrative supervision, control and supervision proceedings, stage of control and supervision proceedings, administrative act, administrative response acts, instruction to eliminate violations of mandatory requirements.
Article bibliography
1. Sorokin V. D. Selected works / Preface. Doctor of Law, Professor, Honored Scientist of the Russian Federation D. N. Bakhrakh; Doctor of Law, Professor V. V. Denisenko. – St. Petersburg: R. Aslanov Publishing House “Yuryd”ic center Press”, 2005. – 1086 p.
2. Makhina S. N. Administrative process: problems of theory, prospects of legal regulation. – Voronezh: Publishing house of Voronezh state. University, 1999. – 232 p.
3. Mironov A. N. Administrative-procedural law: textbook for students of educational institutions of secondary vocational education. – Moscow: Forum, 2010. – 175 p.
4. Belyaev V. P. Control and supervision in the Russian state: monograph / Scientific. ed. A. V. Malko. – Moscow, 2005. – 298 p.
5. Fedoshchev A. G., Fedosheva N. N. Administrative-procedural law in schemes and definitions: textbook. – M., 2008. – 67 p.
6. Administrative law and process: full course / Yu. A. Tikhomirov. – M.: Publishing House Tikhomirova M. Yu., 2008. – 776 p.
7. Belyaev V. P., Sorokina V. V. Procedural form of legal activity: issues of theory and practice: monograph. – M.: Yurlitinform, 2011. – 140 p.
8. Bakhrakh D. N. Legal process and administrative proceedings // Journal of Russian law. – 2000. – No. 9 (46). – P. 6-17.
9. Administrative law of Russia: textbook / D. N. Bakhrakh, V. G. Tataryan. – M., 2009. – 698 p.
10. Agamagomedova S. A. Good faith as a category of public law and its consideration in the implementation of state control and supervision // State and Law. – 2020. – No. 7. – P. 124-131.
11. Control and supervisory and licensing activities in the Russian Federation. Analytical report — 2022 [Text] / S. M. Plaksin (head of the author’s team), I. A. Abuzyarova, D. R. Alimpeev, et al.; Russian Union of Industrialists and Entrepreneurs; National Research University “Higher School of Economics”. — M.: Publ. HSE House, 2023, pp. 202–202.
12. Consolidated report on state control (supervision), municipal control in the Russian Federation in 2023 / Ministry of Economic Development of the Russian Federation. 2023. 170 p. [Electronic resource]. – Access mode: https://www.economy.gov.ru/material/file/d83b47ee1e442440d637d71bf314ed46/doklad_o_gos_kontrole_nadzore_municipalnom_kontrole_v_rf_v_2023_godu.pdf (accessed: 01.12.2024).
13. Control, supervision and permitting activities in the Russian Federation. Analytical report — 2019 [Text] / S. M. Plaksin (head of the writing team), I. A. Abuzyarova et al.; Russian Union of Industrialists and Entrepreneurs; National Research University Higher School of Economics. — M.: National Research University Higher School of Economics, 2020. — 138 p.
ADMINISTRATIVE LAW
STAZHILA Maksim Yurjevich
postgraduate student of N. G. Salichsheva Administrative law and process sub-faculty, Russian State University of Justice
ON THE JUDICIAL PROCEDURE FOR IMPOSING ADMINISTRATIVE PUNISHMENTS
In the article the author reveals the essence and content of the judicial procedure for imposing administrative punishments. The purpose of the study is achieved through a consistent review of the main concepts that form the basis of the institution of imposing administrative punishments. The author analyzes various approaches of administrative law researchers and draws attention to the applicability of approaches developed by criminal law science to understanding of sentencing. The author offers a definition of the judicial procedure for imposing administrative punishments, as well as a concept of its elemental structure. The procedural element of the structure of the judicial procedure for imposing administrative punishments is considered by the author through the prism of the modern theory of judicial administrative process. A conclusion is made about the special legal nature of the procedure for imposing administrative punishments and the heterogeneity of its regulation in courts of general jurisdiction and arbitration courts.
Keywords: administrative punishments, administrative liability, legal proceedings in cases of administrative offenses, imposition of administrative punishments, judicial administrative proceedings.
Article bibliography
1. Khmara A. M., Shamrai V. N. On the issue of some rules for the imposition of administrative punishment // Actual problems of administrative and administrative-procedural law: Collection of articles based on the materials of the X Anniversary International Scientific and Practical Conference (Sorokin Readings), St. Petersburg, March 22, 2019 / Under the general editorship of A. I. Kaplunov. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 395-403.
2. Korsakova N. A. Appointment of administrative penalties: abstract of dis. … candidate of legal sciences: 12.00.14; [Place of protection: South Ural State University]. – Chelyabinsk, 2011. – 27 p.
3. Dyadkin D. S. Theoretical and methodological foundations of the appointment of criminal punishment. – Moscow: OOO “Izdatelstvo” Sputnik + “, 2016. – 342 p.
4. Ozhegov S. I. Explanatory dictionary of the Russian language: Approx. 100,000 words, terms and phraseological unitsx expressions / Ed. by prof. L. I. Skvortsov. – 28th ed., revised. – Moscow: Mir i Obrazovanie, 2019. – 1376 p.
5. Dal V. I. Explanatory Dictionary of the Living Great Russian Language: [in 4 parts]. – Moscow: Society of Lovers of Russian Literature, established at the Imperial Moscow University, 1863-1866. Part 3: P. – 1865. – 508 p.
6. Zashlyapin L. A. Procedural order: the problem of understanding // Legal order: history, theory, practice. – 2023. – No. 3 (38). – P. 73-81.
7. Morozova N. A. Administrative responsibility in the Russian Federation: theory, legislation and judicial practice: textbook. manual. – Krasnoyarsk: Sib. federal university, 2022. – 404 p.
8. Stakhov A. I. Administrative procedure as a structural element of the integrative theory of administrative process // Actual problems of administrative and administrative-procedural law (Sorokin readings): Collection of articles based on the materials of the international scientific and practical conference, St. Petersburg, March 24, 2023 / Under the general editorship of A. I. Kaplunov, compiled by: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 453-468.
ADMINISTRATIVE LAW
CHUMACHENKO Arina Yurjevna
lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
MIKHAYLOV Mikhail Yakovlevich
senior lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
PROBLEMATIC ISSUES OF PREVENTION OF VIOLATIONS OF THE RULES OF BEHAVIOR OF MINORS AT RAILWAY TRANSPORT INFRASTRUCTURE FACILITIES
The article discusses topical issues related to the prevention of violations of the rules of behavior of minors at railway facilities. The interrelation of subcultural associations and dangerous behavior at transport facilities is substantiated. The analysis of the causes of injury is carried out, the subcultures of youth that make up risk groups are considered. It is proposed to introduce measures to maximize preventive activities in this area. Special attention is paid to countering destructive content on the Internet. The scope of preventive duties of PD officers of linear police units is being considered. Attention is focused on the lack of training of a specialized category of personnel for monitoring the Internet in order to identify destructive content as preventive preventive measures.
Keywords: hooking, parkour, injury, crime prevention, railway.
Article bibliography
1. Berdin L. M. Railway injury: lecture // Selected lectures on forensic medicine (forensic traumatology). – Yaroslavl: Yaroslavl state medical institute, 1989. – 200 p.
2. Pavlova L. V. Prevention of antisocial lifestyle of minors committing offenses at railway facilities (Criminological problems): author’s abstract. dis. … candidate of legal sciences: 12.00.08. – Ryazan, 2003. – P. 11-12.
3. Fedunina N. Yu. Principles of psychological prevention of injuries in transport (using the phenomenon of train surfing as an example) // Psychological science and education. – 2016. – Volume 8, No. 1. – P. 97.
MUNICIPAL LAW
DIBIROV Yusup Saybulaevich
senior lecturer of Administrative, financial and customs law sub-faculty, Dagestan State University, Makhachkala
LEGAL STATUS OF THE HEAD OF A MUNICIPALITY IN THE RUSSIAN FEDERATION
Тhe article examines the legal status of the head of a municipality in the Russian Federation, its role and functions in the local government system. The main legislative acts regulating the activities of the head of a municipality, as well as its powers and responsibilities, are analyzed.
Keywords: local government, Charter, elections, head of administration.
Article bibliographic list
1. Alekseev I. A. Municipal legal responsibility of the head of a municipality // News of universities. North Caucasian region. Series: Social sciences. – 2005. – No. S4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/munitsipalno-pravovaya-otvetstvennost-glavy-munitsipalnogo-obrazovaniya (date of access: 11/26/2024).
2. Dorofeev A. V. The head of a municipality as an element of the structure of local government bodies: election issues // New impulses for development: research issues. – 2020. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/glava-munitsipalnogo-obrazovaniya-kak-element-struktury-organov-mestnogo-samoupravleniya-voprosy-izbraniya (date of access: 26.11.2024).
3. Ivanova D. A. Status of the head of the municipality// Bulletin of Science. – 2020. – No. 6 (27). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/status-glavy-munitsipalnogo-obrazovaniya (date of access: 26.11.2024).
4. Nasrtdinova R. R. On the issue of electing the head of a municipality // Forum of young scientists. – 2019. – No. 1-2 (29). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-izbranii-glavy-munitsipalnogo-obrazovaniya-1 (date of access: 26.11.2024).
5. Naumkina V. V. Methods of electing the head of a municipality // Law and state: theory and practice. – 2020. – No. 1 (181). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-izbraniya-glavy-munitsipalnogo-obrazovaniya (date of access: 26.11.2024).
6. Provotorov R. A. Elections of the head of a municipality in the context of municipal reform // Law and Right. – 2018. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vybory-glavy-munitsipalnogo-obrazovaniya-v-kontekste-munitsipalnoy-reformy (date of access: 26.11.2024).
CIVIL LAW
AGIBALOVA Elena Nikolaevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, Volgograd Institute of Management, branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
KASHLEVA Oksana Vladimirovna
Director of the Taxpayers Union LLC
THE RIGHT TO APPEAL AGAINST THE GROUNDS FOR DEBT FOR DEPENDENT PERSONS
The article examines the rights of persons who are not debtors, but who are involved in court proceedings to collect tax debts of other business entities, to appeal against decisions of tax authorities, on the basis of which the debt arises. The analysis of the norms of civil and tax legislation on this issue has been carried out, judicial acts adopted in similar cases have been studied and compared.
Keywords:subsidiary liability, debtor, dependent person, debt, controlling person, appeal.
Article bibliography
1. Agibalova E. N. Is bankruptcy possible without subsidiary liability and is there subsidiary liability outside the framework of bankruptcy proceedings? // Pervaya Polosa. 2023. No. 2 (151). P. 7-14.
2. Tkachenko E. Ex-colleagues and dubious counterparties: how the Federal Tax Service defines dependent persons // Zakon.ru. 2023. [Electronic resource]. – Access mode: https://pravo.ru/story/250222/ (date of access: 09.11.2024).
CIVIL LAW
BIRYUKOV Svyatoslav Yurjevich
Ph.D. in Law, associate professor, associate professor of Procedural law and criminology sub-faculty, Institute of Law, Volgograd State University
TRUBCHANINOV Alexey Viktorovich
senior lecturer of Organization of investigative work sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies, Volgograd Academy of the MIA of Russia
ON THE DIRECTIONS OF IMPROVING THE SYSTEM OF USING DFA AS A COUNTER PROVISION FOR CROSS-BORDER TRANSACTIONS IN THE CONTEXT OF WESTERN SANCTIONS
The authors explore the design of digital financial assets and emphasize its advantages over digital currency. They develop the thesis that it is impossible to use sanctions mechanisms for legal relations using digital financial assets as counter-provision under foreign trade contracts. They draw attention to the problem of the multiplicity of issuing and exchange centers involved in the turnover of digital financial assets. They substantiate the need to form a unified national platform that ensures the issuance and turnover of digital financial assets, which will increase the financial stability and investment attractiveness of Russian business projects.
Keywords: asset tokenization, digital financial assets, digital currency, decentralized.
Article bibliography
1. Zhuravleva G. P. The modern radically changing world // Bulletin of TSU. – 2012. – No. 6. – P. 24-30.
2. Goncharov A. I., Sadkov V. A., Orlova A. A. Digital financial assets as a technology for recording property claims and exchanging data on them // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2024. – No. 3 (67). – P. 160-165.
3. Goncharov AI, Sadkov AN, Sadkov VA, Davudov DA Digital currency in modern Russia: legal content and place in circulation // Law. Journal of the Higher School of Economics. – 2023. – Vol. 16, No. 3. – P. 128-153.
4. Sannikova LV Legal basis for digital currencies of central banks and the digital ruble // Financial Journal. – 2023. – Vol. 15, No. 5. – P. 27-44.
5. Mitrofanov AM, Muravyov NS, Pokamestov IE Digital finandigital assets in the financial market of the Russian Federation // Bulletin of Eurasian Science. – 2024. – Vol. 16, No. s1. – [Electronic resource]. – Access mode: https://esj.today/PDF/73FAVN124.pdf.
6. Volumes of issues of digital financial assets cumulatively for the period 2023-2024. Cbonds – official website. – [Electronic resource]. – Access mode: https://cbonds.ru/dfa/
7. Timofeev I. Europe under fire from US secondary sanctions. – [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/evropa-pod-ognyem-vtorichnykh-sanktsiy-ssha/
8. Pechalov M. Yu. Development of cross-border payments using digital assets and digital currencies to achieve economic development goals // Economy. Taxes. Law. – 2024. – No. 17 (3). – P. 69-80.
9. Register of operators of information systems in which digital financial assets are issued as of 24.12.2024. Bank of Russia. – official website. – [Electronic resource]. – Access mode: https://cbr.ru/admissionfinmarket/navigator/ois/
10. Register of operators of digital financial asset exchange as of 20.12.2024. Bank of Russia. – official website. – [Electronic resource]. – Access mode: https://cbr.ru/finm_infrastructure/registry/?CF.Search=финансовый&CF.Date.Time=Any&CF.Date.DateFrom=&CF.Date.DateTo=.
CIVIL LAW
GAYMALEEVA Aisylu Tagirovna
Ph.D. in Law, Dean of the Law Faculty, Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan, Ufa
ESTOPPEL AS PROTECTION AGAINST CONFLICTING COUNTERPARTY BEHAVIOR IN CONTRACTUAL RELATIONS: THEORY AND PRACTICE
The article discusses the novelties of Russian civil law that enshrine estoppel, as well as its application in law enforcement practice. The author defines the theoretical and practical problems of applying the principle of “estoppel” in Russian civil law, as well as the norms of the Civil Code of the Russian Federation, which allow us to talk about the presence of estoppel in them. It has been established that estoppel is not enshrined in the Civil Code of the Russian Federation as a universal rule, which leads to destabilization of civil circulation. The author concludes that estoppel is not a manifestation of the principle of good faith, but is the result of judicial jurisprudence, therefore estoppel should be understood as a rule of conduct established by judicial practice inherent in case law, derived from the interpretation of the principle of justice.
Keywords: estoppel, the principle of justice, the principle of good faith, abuse, contradictory behavior, contract.
Article-by-article bibliographic list
1. Sukhanov E. A. Problems of reforming the Civil Code of Russia // Selected works. – 2008-2012. – M .: Statut, 2013. – 496 p.
2. Chernykh A. P. Estoppel, settlement agreement and interpretation of contracts (commentary to the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 22, 2011 No. 13903/10) // Zakon. – 2012. – No. 6. – P. 107-121.
3. Fundamental provisions of civil law: article-by-article commentary to Articles 1-16.1 of the Civil Code of the Russian Federation. – [Electronic publication. Edition 1.0]. Ed. A. G. Karapetyan. – Moscow: M-Logos, 2020. – 1469 p.
4. Nam K. V. Principle of good faith. System and lack of system // Bulletin of civil law. – 2019. – No. 1. – P. 28-74.
5. Fedorov D. V. Problems of qualification and cases of application of paragraph 5 of Article 450.1 of the Civil Code of the Russian Federation // Law. – 2019. – No. 8. – P. 63-74.
6. Gaymaleeva A. T. Actual issues of civil-legal protection of the debtor’s interest in an obligation // Bulletin of Omsk University. Series: Law. – 2017. – No. 1 (50). – P. 125-129.
CIVIL LAW
GASANOV Zaur Ufatovich
Ph.D. in Law, associate professor of Civil and business law sub-faculty, V. G. Timiryasov Kazan Innovation University (IEUP)
PAVLOVA Anastasia Leontievna
bachelor student of the 3rd course, Faculty of Law, V. G. Timiryasov Kazan Innovation University (IEUP)
BASIC METHODS FOR CALCULATING RENT IN MODERN ECONOMIC CONDITIONS: ISSUES OF LAW AND JUDICIAL PRACTICE
The article is devoted to the problem of determining the conditions for the amount of rent. The main obligation under a lease agreement is stable and possession of use of the thing. The rent clause is one of the essential terms of a lease agreement, especially in real estate. Based on the dispositive norm of clause 3 of Art. 614 of the Civil Code of the Russian Federation, these stable legal relations between the parties to the lease agreement lead to unilateral termination of the agreement, as well as to further legal proceedings. The work makes the provision that it is necessary to establish and determine the amount of rent based on the typeof the agreement and the timing of the transfer of things under the lease agreement. The authors identify the characteristic features of the amount of rent, based on various positions of the courts. The tenant, being the weak party under the lease agreement, especially when carrying out business activities or acting as a debtor to public legal entities, which may be lessors, must be maximally protected from all kinds of financial swings.
Keywords: lease agreement, rent, amount of rent, agreement of the parties, change in rent, fixed amount of payments.
Article bibliography
1. Rent: commentary to articles 606-625 and 650-655 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. – Moscow: M-Logos, 2023. – 816 p.
2. Belov V. A. Rent under a lease agreement // Law and Economics. – 2014. – No. 3. – P. 36-38.
3. Braginsky M. I., Vitryansky V. V. Contract law. Book two: Agreements on the transfer of property. – 2nd ed., reprinted – M.: Statut, 2011. – 780 p.
4. Vavilin E. V. Rent: issues of law enforcement practice // Bulletin of Perm University. – 2014. – Issue 1 (23). – P. 68-73.
5. Selected works: in 3 volumes / D. I. Meyer; editors-in-chief Dr. of Law, prof. P. V. Krasheninnikov, Dr. of Law, prof. D. Kh. Valeev. – M.: Statute, 2022. – 848 p.
CIVIL LAW
GRIGORJEVA Irina Mikhaylovna
Ph.D. in Law, judge of the Moscow Arbitration Court
PROTECTION OF CITIZEN IMAGE RIGHTS: PROBLEMS AND SOLUTIONS
The article considers the problems associated with the use of images of citizens, including taking into account the growing scale of violations of the right to the image of citizens in the context of the development of new technologies. The main problems are related to the definition of permissible cases of using images of citizens without their consent, as well as the problems of obtaining and formalizing such consent are noted.
The necessity of fixing in the legislation special provisions regulating the possibility of concluding an agreement on the use of a citizen’s image and regulating the main conditions of such an agreement is substantiated. The conclusion is made that unlike the consent to use the image, which can be withdrawn unilaterally, the contract can establish a ban or restrictions for making such a decision and additional conditions for its realization.
Keywords: citizen’s image, right to image, consent to use image, work, result of intellectual activity
Article bibliography
1. Podvolotsky I. N. Image of a person’s appearance in art and forensic examination // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – No. 7 (47). – P. 154-162.
2. Polyakova A. S. The right to protect an image in the era of informatization of society: innovations in domestic legislation and judicial practice // Collection of works. Faculty of Law. – Simferopol: Crimean Federal University named after V. I. Vernadsky, 2021. – P. 78-82.
3. Rabets A. P. The right of a citizen to appearance and image in the system of personal non-property rights // Trends in the development of science and education. – 2020. – No. 67-6. – P. 80-88.
4. Friedman V. The right to an image: features of legal regulation and methods of protection // Intellectual property. Copyright and related rights. – 2019. – No. 8. – P. 45-56.
5. Tsvetkov D. G. On the issue of legal regulation of the protection of a citizen’s image // Collection of articles of the XLIX International Research Competition, Penza, June 10, 2022. – Penza: Science and Education, 2022. – P. 91-95.
CIVIL LAW
ZDOROVTSEVA Anna Arkadjevna
Ph.D. in Law, associate professor of Civil law sub-faculty, St. Petersburg Institute (branch), All-Russian State University of Justice (RLA of the Ministry of justice of Russia)
COMMERCIAL LEASE AGREEMENT FOR RESIDENTIAL PREMISES OF SPECIALIZED HOUSING STOCK
The article analyzes the often occurring situation of including a commercial lease agreement for specialized residential premises and evaluates the conditions for the transfer of specialized residential premises under a commercial lease agreement, taking into account the comparative characteristics of the two obligations in terms of the legality of the transfer under a commercial lease agreement for specialized residential premises. The author emphasizes the unreasonability of providing specialized residential premises under a commercial lease agreement, as this leads to a violation of the targeted nature of the use of specialized housing stock and a possible corruption manifestation when such residential premises are provided to certain premises persons in connection with property or personal interest. The articlee also notes that civil and housing legislation, due to the constitutional differentiation of subjects of competence and powers, have significant features, which generates conflicts and the need to resolve them. The article analyzes the frequently occurring situation of including a commercial lease agreement for specialized residential premises and assesses the conditions for the transfer of specialized residential premises under a commercial lease agreement, taking into account the comparative characteristics of the two obligations from the point of view of the legality of the transfer under a commercial lease agreement for specialized residential premises. The author emphasizes the inexpediency of providing specialized residential premises under a commercial lease agreement, since this leads to a violation of the targeted nature of the use of specialized housing stock and a possible manifestation of corruption when such residential premises are provided to certain persons in connection with property or personal interest. The article also notes that civil and housing legislation, due to the constitutional differentiation of subjects of competence and powers, have significant features, which generates conflicts and the need to resolve them in each specific case. To overcome the problems that arise, it is recommended to determine the grounds for termination of the lease agreement for specialized residential premises directly in housing legislation, in particular in Article 102 of the Housing Code of the Russian Federation. In addition, when evicting citizens from residential premises of a specialized housing stock, it is necessary to take into account the legislation in force before the entry into force of the Housing Code of the Russian Federation, which provides guarantees against eviction without providing other residential premises.
Keywords: commercial lease agreement, specialized living space, dormitory, office living space, specialized hiring
Article bibliography
1. Shakirova E. Dormitories today – analysis of disputes // Housing law. 2023. No. 10. P. 29-36.
2. Alekseeva E. V. Eviction from dormitories: theory and judicial practice // Family and housing law. 2023. No. 4. P. 26-28.
3. Senotrusova E. M. On the legal status of tenants of residential premises in former departmental dormitories // Family and housing law. 2024. No. 2. P. 30-32.
4. Tolmacheva E. N. Problems of exercising the right to housing in the procedure for applying Article 7 of the Federal Law “On the introduction of the Housing Code of the Russian Federation” // Modern law. 2023. No. 1. P. 43-51.
CIVIL LAW
IVANOVA Lyudmila Alexandrovna
Ph.D. in Law, associate professor of Legal science sub-faculty, Institute of Economics and Law, Astrakhan State Technical University
IGNATOV Dmitriy Sergeevich
magister student of the 2nd course of Legal science sub-faculty, Institute of Economics and Law, Astrakhan State Technical University
LEGAL ASPECTS OF THE IMPLEMENTATION OF ADMINISTRATIVE FUNCTIONS IN RELATION TO THE COMMON JOINT PROPERTY OF SPOUSES
The article reveals the features of the implementation of the disposal of the joint property of spouses, the grounds on which property acquires the status of common joint. In the course of the study, practical recommendations are presented for organizing transactions with the common joint property of spouses, the problem is identified and variations of its solution are designed using current legal instruments. The authors conclude that complications in the law enforcement aspect also await the presence of shares of children, the sale of which is complicated by the need to obtain permission from the guardianship and trusteeship authority. In addition, in the case of division of property, it is necessary to understand that only property that is jointly owned is subject to division.
Keywords: property, common joint property, legal regime of the property of spouses, disposal of joint property.
Bibliographic list of articles
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on August 8, 2024) // Collection of Legislation of the Russian Federation. – 05.12.1994. – No. 32. – Art. 3301.
2. Civil Code of the Russian Federation (Part Two) of 26.01.1996 No. 14-FZ (as amended on 24.07.2023) // Collected Legislation of the Russian Federation. – 1996. – No. 5. – Art. 410.
3. Civil Code of the Russian Federation (Part Three) of 26.11.2001 No. 146-FZ (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. – 03.12.2001. – No. 49. – Art. 4552.
4. Family Code of the Russian Federation of 29.12.1995 No. 223-FZ (as amended on 31.07.2023) // Collected Legislation of the Russian Federation. – 1996. – No. 1. – Art. 16.
5. Fundamentals of the legislation of the Russian Federation on notaries of 11.02.1993 No. 4462–1 (as amended on 08.08.2024) // Rossiyskaya Gazeta. – No. 49. – 13.03.1993.
6. Fed.Federal Law of 29.12.2006 No. 256-FZ “On Additional Measures of State Support for Families with Children” (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. – 2007. – No. 1 (Part 1). – Art. 19.
7. Federal Law of 13.07.2015 No. 218-FZ “On State Registration of Real Estate” (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. 20.07.2015. No. 29 (Part I). – Art. 4344.
8. Decision of the Kirovsky District Court of Astrakhan dated July 30, 2020 in case No. 2-2589/2019. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 26.08.2024).
9. Decision of the Sovetsky District Court of Astrakhan dated July 30, 2020 in case No. 2-836/2020. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 26.08.2024).
10. Decision of the Sovetsky District Court of Astrakhan dated February 18, 2020 in case No. 2-773/2020. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 26.08.2024).
CIVIL LAW
IONTSEV Mikhail Anatoljevich
Ph.D., research lecturer, Institute of Legislation and Comparative Law under the Government of the Russian Federation, associate professor of Legal support for market economics sub-faculty, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Head of the Center for Legal Support for Digitalization in the Financial Market (Management Rights) of the Legal Department, Bank of Russia
EXCEPTIONS TO THE BAN ON TRANSACTIONS WITH DIGITAL CURRENCY
The article considers the peculiarities of the adoption of Part 5 of Article 14 of the Digital Financial Assets Act, which introduces a ban on the execution of transactions the subject of which is the digital currency. The author considers the concept of counter-provision in connection with the theory of synallagmatic relations, defines payment as a type of counter-provision. Moreover, the article justifies the identity of the concepts of payment and means of payment, as well as indicates how these concepts affect the limits of the prohibition imposed on the execution of transactions subject to which digital currencies are subject. The author of the article considers the range of persons and types of digital currencies with which it is possible to enter into transactions with which digital currencies are subject.
Keywords: explicit prohibition, mandatory prohibition, low-volatile digital currencies (stablecoins), digital currencies, synallagma, mutual agreement of obligations, counter-provision, payment, means of payment
Bibliographic list of articles
1. Asoskov A.V. Personal law of a legal entity: commentary on Article 1202 of the Civil Code of the Russian Federation // Bulletin of Civil Law. 2016. N 2. P. 113.
2. Borisov A. M., Skoryatin D. K. Cryptocurrency relations and the development of digital technologies for the turnover of financial assets in Russia // Russia: Development Trends and Prospects. Yearbook. Issue. 16. Part 2: XII International Scientific and Practical Conference “Regions of Russia: Development Strategies and Mechanisms for the Implementation of Priority National Projects and Programs”, Conference “Scientific and Technological Development of Russia: Priorities, Problems, Solutions” // RAS. INION. Scientific Cooperation Department; ed. V. I. Gerasimov. Moscow, 2021. Part 2. P. 161-167.
3. Bondarenko D. V. Monetary claim as a subject of a financing agreement against the assignment of a monetary claim: some issues // Bulletin of Omsk University. Series: Law. 2016. No. 1 (46). P. 158-165.
4. Budylin S. L. Money: economic function and legal nature // Bulletin of Economic Justice of the Russian Federation. 2023. No. 7. P. 121-164.
5. Golubev S. A. Transition Point. Russia 1917-1923 (Historical Chronicles). Moscow: RAEN, 2007. P. 11.
6. Grimm D. D. Lectures on the Dogma of Roman Law / Ed. and with the chairman V. A. Tomsinov. Moscow: Publishing house “Zertsalo”, 2003. P. 203.
7. Deryugina T. V. On a digital financial asset as an investment and the prohibition of counter provision: conflicts of legal regulation // Civil law. 2023. No. 1. P. 13-16.
8. Efimova L. G. Improving the Theory of Monetary Obligations in the Era of the Digital Economy // Law and Digital Economy. 2022. No. 3. P. 33-42.
9. Ioffe O. S. Law of Obligations. Moscow, 1975. P. 783.
10. Batishchev A. O., Gromov A. A., Karapetyan A. G., et al. Performance and Termination of an Obligation: Commentary on Articles 307-328 and 407-419 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. Moscow: M-Logos, 2022. 526 p.
11. Carro D., Juillard P. International Economic Law / Scientific Ed. V. M. Shumilov. M., 2002. Pp. 332-333.
12. Commentary on Part Four of the Civil Code of the Russian Federation (chapter-by-chapter) / Ed. by A. L. Makovsky. M., 2008. (author of the commentary to the article – A. L. Makovsky)
13. Krivtsov A. S. General Doctrine of Damages // Bulletin of Civil Law. 2015. No. 5. Pp. 157-203; No. 6. Pp. 139-184; 2016. No. 1. Pp. 175-221.
14. Pokrovsky I. A. Main Problems of Civil Law. M.: Statut, 2020. Pp. 208-209.
15. Lapach V. A. System of Objects of Civil Rights. Theory and judicial practice. St. Petersburg, 2002.
16. Lindert P. Kh. Economics of world economic relations / Translated from English; General editor and foreword by O. V. Ivanova. Moscow: Progress, 1992. Page 473.
17. Lisitsa V. N. Legal regulation of investment relations: theory, legislation and practice of application: Abstract of author’s diss. … doctor of law. Novosibirsk, 2010. Pages 11, 24.
18. Lunts L. A. Money and monetary obligations in civil law. Moscow: Statut, 1999. 352 pages.
19. Penzin M. I. Counter satisfaction in English law: concept, content and relationship with related legal institutions in foreign and Russian law // Law. 2022. No. 6. P. 140-161.
20. Rozhdestvenskaya T. E., Guznov A. G., Efimova L. G. Chabanking law: textbook. Moscow: Prospect Publishing House, 2020. P. 117.
21. Ryzhik AV Civil interests of individuals: concept and types // Civilist. 2023. No. 3. P. 23-31.
22. Samuelson PA, Nordhaus VD Economics. Moscow: Binom, 1997. P. 783.
23. Saveliev AI Cryptocurrencies in the system of civil rights objects // Law. 2017. No. 8. P. 136-153.
24. Sazhenov AV Cryptocurrencies as a new type of incorporeal things // Modern information technology and law: monograph / Moscow State University. M. V. Lomonosov, Faculty of Law / Ed. E. B. Lauts. M.: Statut, 2019. Pp. 157-180.
25. Sklovsky K. I. Ownership in Civil Law. M., 1999. Pp. 317.
26. Civil Law: Textbook: In 4 volumes / Ed. E. A. Sukhanov. M.: Wolters Kluwer, 2006. T. I.
27. Sukhanov E. A. On the Concept and Types of Property Rights in Russian Civil Law // Actual Problems of Property Law: Materials of Scientific Readings in Memory of Professor S. N. Bratus (Moscow. October 25, 2006). M.: Jurisprudence, 2007. P. 37.
28. Yulgusheva L. Sh. Prospects for the Development of the Institute of Tax Residency of Individuals in the Russian Federation // Journal of Russian Law. 2021. No. 3. P. 126-137.
29. Yankovsky R. M. Cryptocurrencies in Russian Law: Surrogates, “Other Property” and Digital Money // Law. Journal of the Higher School of Economics. 2020. No. 4. P. 43-78.
30. Yakovlev A. S. Property Rights as Objects of Civil Legal Relations. Theory and Practice. M., 2009. P. 53-59.
31. Kuhlmann N. Bitcoins – Functions and Rechtliche Einordnung der digitalen // CR. 2014. P. 694-695.
32. Volkel O. Privatrechtliche Einordnung virtueller // 2017. P. 388.
33. Determination of the Supreme Court of the Russian Federation of September 30, 2022 No. 305-ES22-13469 in case No. A40-252787/2020
CIVIL LAW
KOTELNIKOV Nikolay Vasiljevich
Ph.D. in Law, associate professor, Head of Civil law disciplines sub-faculty, Volgograd Academy of the MIA of Russia
THE LEGAL REGIME OF INTANGIBLE OBJECTS OBTAINED AS A RESULT OF THE USE OF ARTIFICIAL INTELLIGENCE
The article examines the legal regime of texts, music, images and audiovisual materials obtained as a result of the use of artificial intelligence tools, and the specifics of the relationship on their use. The results of the analysis of the current civil legislation regulating the studied social relations, as well as the concepts of its improvement proposed in the special literature, are presented.
Keywords: artificial intelligence, intellectual property rights, exclusive law, digitalization, creativity.
Bibliographic list of articles
1. Vasilyeva A. S. On the issue of the availability of copyrights in artificial intelligence // Journal of the Intellectual Rights Court. – 2022. – No. 4 (38). [Electronic resource]. – Access mode: https://ipcmagazine.ru/files/ipcmagazine/7/6/1704567/journal122022.pdf.
2. Laptev V. A. The concept of artificial intelligence and legal liability for its work // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – P. 79-102.
3. Legal capacity of artificial intelligence units: civil law research. – Moscow: UNITY, 2018. – 112 p.
4. Gurko A. Artificial intelligence and copyright: a look into the future // Intellectual property. Copyright and related rights. – 2017. – No. 12. – P. 7-18.
5. Artemova A. N. Copyright in the era of neural networks // Intellectual property. Copyright and related rights. – 2024. – No. 3. – P. 47-53.
6. Sinelnikova V. N., Revinsky O. V. Rights to the results of artificial intelligence // Copyright. – 2017. – No. 4. – P. 24-27.
CIVIL LAW
MARDIEVA Elmira Radmirovna
Ph.D. in philological sciences, associate professor of Legal disciplines sub-faculty, Neftekamsk branch, Ufa University of Science and Technology
PROBLEMS OF LEGAL REGULATION OF TRADEMARKS AS OBJECTS OF INTELLECTUAL ACTIVITY
Analysis of the legislative framework, existing literature, and materials of practice on intellectual property law allows us to conclude that there are issues that require the elimination of certain gaps and inaccuracies in the legal regulation of means of individualization. They concern both the holders of exclusive rights to a trademark, as well as registration, methods of protection, marking features, etc. There is a need to detail and deepen the legal regulation of trademarks and service marks in the Russian Federation due to their increasing importance.
Keywords: intellectual property law, exclusive right, subjects of law and objects of intellectual property, means of individualization, trademarks, protection of the right to a trademark.
Bibliographic list of articles
1. Minakova A. I. Issues of early termination of legal protection of a trademark // Journal of the Intellectual Property Court. – 2024. – No. 3 (45). – P. 99-111.
CIVIL LAW
OLEYNIK Anton Denisovich
assistant researcher of the Center for Systems Analysis and Prospective Development in the field of education and science, Patrice Lumumba Peoples’ Friendship University of Russia
SOURCES OF TAX LAW IN NIGERIA
The article considers the characteristics of sources of objective tax law of the Federal Republic of Nigeria, and also discusses the main problems that may arise in raising the level of Russian-Nigerian integration in the economy.
The development of the Nigerian legal system is not only due to its history but also to ethnic federalism, which has a major impact on the balance of fiscal and financial powers of the Nigerian state authorities. These factors should be considered when considering and assessing the investment and tax environment in a country.
Keywords: Nigeria, sources of tax law, tax system, tax federalism.
Article bibliography
1. Adesola S. M. Income Tax Law and Administration in Nigeria. – Ife-Ife: University Press, 1986. – 264 p.
2. Arivodola D. A. Personal Taxation in Nigeria: Capital Gains Tax. – Lagos: Fundamental Publications, 1987. – 198 p.
3. Are Kolawole. Taxes and Tax Policy: The Nigerian Experience: Abstract of Candidate of Economic Sciences: 08.00.14 / Russian Peoples’ Friendship University (RUDN). – M., 1999. – 170 p.
4. Kozyrin A. N. Tax law of foreign countries: theoretical and practical issues. M.: Manuscript, 1993. – 112 p.
5. Kozyrin A. N. Tax law: a textbook for undergraduate students / National Research University “Higher School of Economics”. – M.: HSE, 2021. – 489 p.
6. Kufakova N. A. Financial law of developing countries. – M.: Publishing house of UDN, 1988. – 74 p.
7. Shahabuddin M. H. IMF report: Taxation and pricing of petroleum products in developing countries: a framework for analysis with respect to Nigeria / African Department. – Washington: International Monetary Fund, 2003. – 27 p.
8. Egai Nimiye Adaka. Features of financing the development of the Nigerian economy: abstract of the dissertation … candidate of economic sciences: 08.00.14 / Russian Peoples’ Friendship University (RUDN). – M., 2001. – 209 p.
9. Frolova E. E., Inshakova A. O., Ermakova E. P., Shakirov S. S. The impact of colonial heritage and other factors on the evolution of legal regulation of civil justice, arbitrage and mediation in the west African states included in the ECOWAS // Supporting inclusive growth and sustainable development in Africa. Sustainability in Infrastructure Development. – 2020. – R. 131-146.
10. Ermakova E. P., Inshakova E., Frolova E. E., Inshakova A. O. The nature of customary (traditional) law and customary courts in ECOWAS countries // Supporting inclusive growth and sustainable development in Africa. Sustainability in Infrastructure Development. – 2020. – R. 147-161.
CIVIL LAW
POPOVA Valeriya Olegovna
assistant judge, Arbitration Court of Moscow
CONCLUSION OF CIVIL CONTRACTS BY SPOUSES
The article deals with the peculiarities of regulation of relations connected with the fulfilment of transactions by married persons. It is noted the inconsistency of the adopted approaches, according to which the possibility of independent transactions by each spouse is limited for certain types of property.
It is noted that the restrictions imposed to protect the interests of spouses complicate civil law turnover, complicate the execution of transactions and create unjustified risks for other participants in civil law relations. In order to reduce the negative impact of these restrictions, it is proposed to allow spouses, when acquiring property subject to state registration, to independently determine the conditions for the subsequent disposal of such property with the making of a corresponding entry in the state register.
Keywords: spouses, common property, joint ownership, personal property, immovable property, state registration
Bibliographic list of articles
1. All-Russian population census. Volume 2 Age, sex composition and marital status // Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru/vpn/2020/Tom2_Vozrastno_polovoj_sostav_i_sostoyanie_v_brake (date of access: 01.10.2024).
2. Levushkin A. N. Implementation of the rights of spouses in the implementation of activities of a legal entity // Journal of Russian Law. – 2016. – No. 3 (231). – P. 47-55.
3. Molchanov A. A., Kostyuchenko E. Yu. Execution of transactions by spouses theory and practice // Law and Right. – 2016. – No. 11. – P. 37-39.
4. Ruzanova V. D. “Zones of joint regulation” in the civil and family law spheres: the problem of collisions // The Power of Law. – 2017. – No. 2 (30). – P. 144-154.
5. Ruzanova V. D., Ruzanova E. V. Civil and family law mechanisms for protecting the property rights of children // The Power of Law. – 2018. – No. 3 (35). – P. 69-77.
6. Sultanov A. A. Some issues of legislative regulation of the common property of spouses // Successes of modern science and education. – 2016. – V. 2, No. 5. – P. 73-75.
7. Chashkova S. Yu. The Impact of Family Law Amendments on the Regulation of Spouses’ Property Relations // Family and Housing Law. 2016. No. 3 // SPS “Consultant Plus”.
8. Chefranova E. A. The Mechanism of Family and Legal Regulation of Spouses’ Property Relations. Dissertation for the Degree of Doctor of Law. – Moscow, 2007.
CIVIL LAW
PROKHORKO Tatyana Nikolaevna
Ph.D. in Law, associate professor, associate professor of Private law sub-faculty, Perm Institute of the FPS of Russia
ALTERNATIVE DISPUTE RESOLUTION: DEVELOPMENT PROSPECTS
The article is devoted to the development of alternative dispute resolution methods. Practice shows the effectiveness of many of them. At the same time, it is also obvious that all these methods do not exist in the system, based on a disparate legal framework. This is largely due to the independence of each such method. Nevertheless, for the greater effectiveness of certain methods, for example, such as mediation, it is necessary, firstly, to improve the regulatory framework in order for it to take the form of a conceptual framework, secondly, it is necessary to allocate resources for its implementation, thirdly, state legal support, despite the fact that that mediation is developing as a separate type of institution of civil society. This also applies to all other alternative dispute resolution methods.
Keywords: mediation, restorative mediation, arbitration, negotiations.
Article bibliography
1. Gashin A. A. Main forms of resolution of legal conflicts in the Russian Federation // Issues of modern jurisprudence. – 2015. – No. 47. – P. 62-68.
2. Nestor N. V. Concept, principles and forms of restorative justice // Bulletin of Perm University. Legal sciences. – 2012. – Issue. 4 (18). – P. 28-32.
3. Sevastyanov G. V. Theoretical foundations of alternative dispute resolution: the concept of private procedural law // Reader of alternative dispute resolution: Educational and methodological materials and practical recommendations / Comp. G. V. Sevastyanov. – St. Petersburg, 2009. – P. 85.
4. Federal Law of July 27, 2010 No. 193-FZ “On an Alternative Dispute Resolution Procedure with the Participation of a Mediator (Mediation Procedure)” // Collection of Legislation of the Russian Federation”. – August 2, 2010. – No. 31. – Art. 4162.
5. Fomina M. N. Reconciliation in the Context of Digitalization of Judicial Activity // Russian Judge. – 2024. – No. 9. – P. 30-34.
CIVIL LAW
REZYAPOVA Guzel Fratovna
Ph.D. in philosophical sciences, associate professor of Civil law sub-faculty, Institute of Law, Ufa University of Science and Technology
ABOUT SOME PROBLEMS OF PROPERTY DISPUTES BETWEEN SPOUSES UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION
The article examines the current problems of legal regulation of property disputes arising between spouses (former spouses). Transactions related to the alienation of marital property are analyzed, and the legal consequences of including such transactions are considered. The legal position of a bona fide acquirer is analyzed. The article suggests ways to improve the norms of family legislation containing the provisions under study.
Keywords: marriage, dissolution of marriage, division of property, prenuptial agreement, bona fide acquirer, limitation period, order, consent of the spouse
Article bibliographic list
1. Antokolskaya M. V. Family law: Textbook. – 2nd ed., revised and enlarged. – M .: Jurist, 2000. S. 151.
2. Bogdanova E. E. Controversial issues of division of property of spouses // Bulletin of the University named after O. E. Kutafin (MSAL). – 2019. – No. 2 (54). – P. 100-116.
3. Gulyaeva N. A., Actual problems of Russian family legislation // Economy and Law. – 2020. – No. 13. – P. 39.
4. “Civil Procedure Code of the Russian Federation” dated 11/14/2002 No. 138-FZ (as amended on 12/25/2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
5. Kulagina E. V. The role of property relations in the family and legal prerequisites for their protection // Law and protection of the family by the state / Responsible. editors Mozolin V. P., Ryasentsev V. A. – M .: Nauka, 1987 .– P. 172.
6. Definition of the Supreme Court of the Russian Federation of August 13, 2013 No. 4-KP3-19 // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
7. Definition of the Supreme Court of the Russian Federation of June 2, 2015 No. 5-KP5-47 // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
8. Definition of the Supreme Court of the Russian Federation of August 30, 2016 No. 5-KG16-119; Definition of the Supreme Court of the Russian Federation of March 28, 2017 No. 46-KG17-3; Definition of the Supreme Court of the Russian Federation of June 30, 2020 No. 80-KG20-3 // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
9. Resolution of the Constitutional Court of the Russian Federation of July 13, 2021 No. 35-P // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 02.01.2024).
10. “Family Code of the Russian Federation” dated 29.12.1995 No. 223-FZ (as amended on 31.07.2023) (as amended and supplemented, entered into force on 26.10.2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 02.01.2024).
11. Serbin M.V. The concept of the legal regime of property of spouses // In the collection: Eurasian Legal Conference – collection of articles of the III International Scientific and Practical Conference. – 2019. – P. 35-38.
12. Chefranova E. A. Property relations in the Russian family: Practical guide. – M.: Jurist, 1997. – P. 8.
13. Shashkova Ya. G. Actual problems of the legal regime of property of spouses // Enigma. – 2020. – No. 20. – P. 127-135.
CIVIL LAW
SOBOLEV Alexander Andreevich
student, Samara State University of Economics
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty, Samara State University of Economics
DEADLOCK AS A TYPE OF CORPORATE CONFLICT
Corporate disputes invariably represent a low percentage of all arbitration cases, but the percentage of amounts recovered by the courts tends to yearly increase. By the end of 2023, this amount exceeded 25% of all amounts recovered by the courts. The article provides results statistics of 2023, which shows a significant increase in the prices of claims in corporate disputes.
The authors focus on deadlocking as one of the most difficult types of corporate disputes. A deadlock is a corporate dispute in which none of the parties to the dispute has corporate control. As an example: a company has two owners and the shares between them are divided 50-50. Resulting this dispute, the company is deeply down paralyzed, which affects not only the participants in the dispute themselves, but also the company’s employees, business partners, and the company’s business as a whole.
One of the most effective ways to prevent deadlocks is to settle a corporate agreement amicably, with prescription of the mechanisms for overcoming deadlocks. Foreign experience has formed the so-called shotgun conditions, which are usually included in the corporate agreement. The article provides a brief description of the above mentioned conditions.
The following ways of resolving a deadlock have also emerged in court practice – exclusion of a participant or liquidation of the company. The authors provide an evaluation of these methods.
Keywords: deadlocks, methods of resolving deadlocks, corporate agreement, “shotgun” mechanisms.
Article bibliography
1. Agaeva L.K. Regional industrial policy of the Samara region in the context of a pandemic // International and interregional integration in the context of a pandemic: economic, socio-cultural and legal problems: Collection of scientific articles of the All-Russian scientific and practical online conference with international participation, Samara, June 25, 2020 / Editorial board: S.I. Ashmarina, A.V. Pavlova (editors in charge) [and others]. – Samara: Samara State University of Economics, 2020. – P. 3-7.
2. Kazankova T. N., Avramova T. A., Kuznetsova A. A. Solving historical problems of management in the era of digitalization // Problems of enterprise development: theory and practice. – 2021. – No. 1-2. – P. 25-29.
3. Kazankova T. N. On the relationship between the state and civil society: historical and legal aspect // Bulletin of the Samara Municipal Institute of Management. – 2014.
4. Mikhalchuk Yu. Ways to get out of deadlock // EZh-Yurist. – 2016. – No. 5. – P. 18.
5. Sidorova A. V. Judicial risk in the system of legal risks: general theoretical aspect // Russian justice. – 2020. – No. 10. – P. 34-37.
6. Stepanov D. I. Deadlocks in non-public corporations: possible options for the development of legislation and judicial practice // Bulletin of Economicof Justice of the Russian Federation. – 2015. – No. 9. – P. 62-115.
7. Churakova E. N., Akopyan N. T., Bayskikh S. A. Problems of Determining the Competence of Courts in Relation to Corporate Disputes // Questions of Economics and Law. – 2021. – No. 153. – P. 23-26.
CIVIL LAW
SAFINA Svetlana Damirovna
Ph.D. in Law, associate professor of Financial and administrative law sub-faculty, Institute of Law, Ufa University of Science and Technology
PROTOCOL OF DISAGREEMENTS IN THE PUBLIC PROCUREMENT SYSTEM
The article discusses the use of the protocol of disagreement in public procurement. The protocol of disagreement is specific to trade procedures in the contract system and to competitive procurement in the corporate sector. It is shown that its use makes it possible to overcome a number of inaccuracies and shortcomings of the draft agreement, as well as to express disagreement with the proposed changes. At the same time, it should be borne in mind that the parties must remain within the mandatory requirements of the procurement legislation. The established practice allows us to conclude that any deviation from the stipulated requirements is the basis for recognizing a participant as having violated the established terms of purchase with the prospect of being included in the register of unscrupulous suppliers.
Keywords: public procurement, protocol of disagreements, contract system, corporate procurement.
CIVIL LAW
SMIRNOV Petr Valerjevich
postgraduate student of Civil law and process and international private law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia, CEO of the Smirnov and Partners Legal Center LLC, lawyer
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia, lawyer
ON THE ISSUE OF THE BALANCE OF RIGHTS AND INTERESTS OF PARTICIPANTS IN CONSUMER LEGAL RELATIONS
The article deals with the problems of state participation in the activities of a business entity in the implementation of law-making function by the state. Special attention within the framework of this study is paid to the Law on Protection of Consumer Rights, which regulates a rather voluminous array of civil legal relations. At the same time, the author points out the unequal position of the consumer and the business entity, which violates the fundamental principles of civil law and requires state intervention in the regulation of these relations.
Keywords: consumer, business entity, Consumer Protection Law, penalty, fine, civil law principles, balance of interests.
Article bibliography
1. Bychkov A. Courts on consumer protection // Legal reference book of the manager. – 2023. – No. 12. – P. 39-47.
2. Ivanovskaya N. V. Mediation as the main way to protect the rights of consumers of financial services in the Philippines // Gaps in Russian legislation. – 2019. – No. 3. – P. 61-65.
3. Kuznetsova O. A. In whose favor is the fine collected, or the role of the comma in civil law // The Seventh Perm Congress of Legal Scholars: collection of scientific articles. – 2017. – P. 249.
4. Mamontov V. A. Limits of state intervention in the sphere of private interests of an entrepreneur in order to protect consumer rights // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2011. – No. 5. – P. 113.
5. Nikitin N. V. Legislation on the protection of consumer rights / N. V. Nikitin // Arbitration and civil procedure. – 2024. – No. 1. – P. 7-12.
6. Rusakova E. P. Electronic civil proceedings in Indonesia, Thailand, Malaysia // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2020. – Vol. 24, No. 4. – P. 1122-1140.
7. Frolova E. E. The financial system of Japan: legal regulation of disputes between the provider and consumers of financial services // MIR (Modernization. Innovation. Development). – 2018. – Vol. 9, No. 1. – P. 67-73.
8. Sherstobitov A. E. Protection of consumer rights in modern Russian civil law // Journal of Russian Law. – 2023. – No. 5. – P. 116-125.
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in Sociological sciences, associate professor, associate professor of Civil law sub-faculty, East Siberian branch, Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in philosophical sciences, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
PROBLEMS OF DIGITAL CURRENCY INHERITANCE
The article examines issues related to the legal regulation of digital currency inheritance in the Russian Federation, which, despite its recognition in judicial practice as a property object, is still not codified in legislation as a civil rights object. The article reviews key approaches to the inheritance of digital assets, including digital currency, and identifies three methods for transferring digital assets: closed wills, transfer of wallet keys on electronic media, and storage of keys in a bank vault. The authors propose amendments to the Civil Code of the Russian Federation (Articles 128, 1152, and 1127) to establish a legal framework that will enable effective regulation of digital asset inheritance.
Keywords: digitalization, civil rights, inheritance by law, will, heirs, digital currency, cryptocurrency.
Article bibliography
1. Albov A. P., Nikolyukin S. V. Inheritance law: textbook and workshop for universities. – 2nd ed. – Moscow: Publishing house Yurait, 2024. – 197 p. – (Higher education). – ISBN 978-5-534-11067-8. – Text: electronic // Educational platform Yurait [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/538692 (date of access: 20.10.2024).
2. Kazaryan K. V., Rudik I. E. Inheritance law: a tutorial. – Moscow: RGUP, 2020. – 184 p. – ISBN 978-5-93916-836-6. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/1689590 (date of access: 20.10.2024).
3. Markova V. D. Digital economy: textbook. – Moscow: INFRA-M, 2024. – 186 p. – (Higher education). – DOI 10.12737/textbook_5a97ed07408159.98683294. – ISBN 978-5-16-019134-8. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/2082732 (date of access: 10/20/2024).
4. Tueshova E. S. On the issue of inheritance of digital currencies // Prologue: journal on law. – 2023. – No. 1 (37). – P. 54-61
5. Ushakov R. M., Gavrilov V. N., Igoshkin M. S., Tetradze T. Z. Problems of inheritance of digital currency // Law and state: theory and practice. – 2022. – No. 2 (206). – pp. 82-84
CIVIL LAW
SHUKHOV Fedor Gelievich
Ph.D. in Law, associate professor of Organization, economics, veterinary management sub-faculty, St. Petersburg University of Veterinary Medicine
ISSUES OF REGULATORY AND LEGAL REGULATION OF LABOR PROTECTION WHEN WORKING WITH PATHOGENS
The article examines issues of regulatory and legal regulation of labor protection when working with pathogens in microbiological laboratories. Also, the question is raised about public organizations in this type of activity and the topic of the presence of local regulatory and legal regulation for laboratories in whose work interaction with dangerous biological agents appears to be covered.
Keywords: pathogens, microbiological laboratories, liability, Article 248 of the Criminal Code, labor protection
Article bibliography
1. Shukhov F. G., Orekhov D. A. Some legal aspects of labor protection of veterinarians // Normative and legal regulation in veterinary medicine. 2023. No. 2. P. 19-22. [Electronic resource]. – Access mode: https://doi.org/10.52419/issn2782-6252.2023.2.19
2. Shukhov F. G., Vinokhodova M. V. Updating the requirements for accreditation of laboratories in the field of veterinary medicine // Normative-legal regulation in veterinary medicine. 2023. No. 3. P. 20-23. [Electronic resource]. – Access mode: https://doi.org/10.52419/issn2782-6252.2023.3.20
3. Shukhov F. G. Legal liability of public associations // Modern lawyer. 2020. No. 2 (31). pp. 62-71.
CIVIL LAW
SHCHAVELEV Alexander Viktorovich
postgraduate student, Faculty of Jurisprudence, Moscow University for Industry and Finance “Synergy”
DIGITAL RIGHTS INHERITANCE
The article discusses the possibilities of inheriting digital rights in the Russian Federation. The current state of the legislation of the Russian Federation is analyzed and its assessment is given. The result of the analysis is presented in the form of a qualitative definition of digital rights and their composition, included in the hereditary mass, as well as methods for identifying and finding digital rights for which it is necessary to establish the rights of heirs, taking into account the complex technical component of various protected registries. The analysis allows us to determine the dynamics of development of legislation in this area and identify problematic issues.
Keywords: inheritance, digital rights, distributed registry, token, hereditary mass, blockchain, digital asset.
Article bibliographic list
1. “Civil Code of the Russian Federation (Part One)” dated 30.11.1994 N 51-FZ (as amended on 11.03.2024) [Electronic resource] // Reference and legal system “ConsultantPlus”.
2. Yatsenko TS Inheritance of digital rights // Inheritance law. – 2019. – No. 2. – P. 11 – 14.
3. Yatsenko TS Problems of executing a will in relation to the testator’s digital assets // Inheritance law. – 2021. – No. 1. – P. 3-34.
4. Draft Federal Law No. 424632-7 “On Amendments to Parts One, Two and Four of the Civil Code of the Russian Federation” (as amended by the State Duma of the Federal Assembly of the Russian Federation) [Electronic resource] // Reference and legal system “ConsultantPlus”.
5. Kirsanova E. E. Legal regulation of the circulation of rights to the results of intellectual activity in the digital economy: monograph. – M .: Yustitsinform, 2022. – 228 p.
6. Tsvetkova E. S. Features of registration of inheritance rights to digital assets // Inheritance law. – 2023. – No. 3. – P. 33-36.
7. Ishekov K. A., Kholoptsev D. S. Civil regulation of the institute of personal data of the deceased in modern Russia // Bulletin of the Russian Law Academy. – 2022. – No. 1. – P. 76-81.
8. Zhanabilova A. B. Legal regulation of the circulation of digital assets and the possibility of their inheritance in Kazakhstan and Russia // Notary. – 2023. – No. 4. – P. 39-42.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL BASIS AND PURPOSE OF THE CONCLUSION OF ROSPOTREBNADZOR IN A DISPUTE BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
The article reveals the reasons and grounds for the entry of Rospotrebnadzor into the judicial process to protect and restore the violated rights and interests of patients as consumers. The author analyzes the powers of Rospotrebnadzor to provide an opinion to the court, in a consumer dispute with a plastic surgery clinic, and the legal status of Rospotrebnadzor in this capacity. It is substantiated that the conclusion does not act as evidence in the case, it is only the position of the authorized body on the merits of the dispute, supporting the applicant’s legal position. Therefore, the refusal of the court to involve him will constitute an obstacle to the implementation by the authorized state body of its function to protect the violated rights and interests of the consumer in court. Attention is drawn to the fact that the conclusion of Rospotrebnadzor plays an essential role in resolving consumer protection cases.
Keywords: Rospotrebnadzor, conclusion, medical clinic, consumer protection, lawsuit, court, trial.
Article bibliographic list
1. Gafarova G. R. “Consumer Rights Protection: A Textbook” / Ed. by Z. M. Fatkudinov – “Yustitsinform”, 2016.
2. Linnik A. D. Activities of Rospotrebnadzor in the field of consumer protection // Young scientist. – 2022. – No. 12 (407). – P. 169-170.
3. Patyashina M. A. Implementation of the powers of the Office of Rospotrebnadzor for the Republic of Tatarstan in the field of consumer protection // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – Vol. No. 13, No. 3 (49). – P. 38-43.
4. Railyan A. A. Civil protection of consumer rights: issues of theory and judicial practice // Arbitration and civil procedure. – 2008. – No. 10. – P. 22-24.
5. Savina N. S. Features of legal regulation of the institution of protection of the rights of citizens-consumers in the Russian Federation // In the collection: Best scientific article 2020. Collection of articles of the XXXIX International scientific research competition. – 2020. – P. 67-71.
6. Shibaeva N. V. Practice of state and public protection of consumer rights in the Russian Federation // Legal fact. – 2021. – No. 132. – P. 3-7.
7. Shirokobokova A. V. Subjects initiating the initiation of civil proceedings for the protection of consumer rights // Actual problems of our time: science and society. – 2017. – No. 4. – pp. 31-36.
CIVIL LAW
VOLODINA Kristina Emiljevna
college lecturer, Kaluga Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), competitor, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
THE LEGAL NATURE OF THE CONTRACT FOR THE PERFORMANCE OF DESIGN AND SURVEY WORK
Design and survey work is the main “pre-construction stage” of work in achieving the main goal – construction, commissioning of the facility or reconstruction. The main civil law contract regulating the performance of these works is a contract for the performance of design and survey work. At the same time, there are a number of legislative gaps in the legal regulation of this type of contract in the civil legislation today. For examplee, in the essential terms of the contract under study, there are no clear criteria for abuse of behavior on the part of both the customer and the contractor, there is no clear mechanism and clear description of the definition of “quality work” on the part of the contractor. Insufficient legal regulation gives rise to litigation on the relationship between other types of contract and the contract under study. The reasons for this lie in the similarity of the subject matter and the list of essential terms of such contracts. In connection with these facts, it seems appropriate to study in detail the issue of the legal nature of contracts for the performance of design and survey work.
Keywords: contractor agreement, design and survey work, legal nature of the contract.
Bibliographic list of articles
1. Alekseev S.S. General permissions and prohibitions in Soviet law. M.: Legal Literature, 1998. 452 p.
2. Civil Law / Edited by prof. A. P. Sergeev, prof. Yu. K. Tolstoy. M., 1978. 410 p.
3. Civil Law. Volume 2 / Edited by E. A. Sukhanov. M.: BEK, 1993. 356 p.
4. Zakharov V. A. Establishment of Legal Entities: Legal Issues. M.: Norma, 2002. 245 p.
5. Ioffe O. S. Law of Obligations. M., 1975. 478 p.
6. Rassudovsky V. A. Main Features of the Contract for Design and Survey Work and Its Role in Further Improvement of Capital Construction // Soviet State and Law. 1961. No. 9. P. 124-127.
CIVIL LAW
KOROTENKO Alexander Filippovich
postgraduate student, University of Management “TISBI”, Kazan
PROBLEMS OF LEGAL REGULATION OF DIGITAL ECOSYSTEMS AND PLATFORMS
The article discusses the problems of legal regulation of digital ecosystems and platforms in the Russian Federation. It is shown that in order to improve the legal regulation of digital ecosystems and platforms, policymakers need to change and create rules at an unprecedented speed. The author also substantiates the need to create a new special service to regulate the activities of digital ecosystems and platforms.
Keywords: digitalization, digital ecosystems, digital platforms, legal regulation.
Article bibliography
1. Blazheeva V. V., Egorova M. A. Digital law: textbook. – M .: Prospect, 2020. – P. 270.
2. Makarova V. D. Digital economy: textbook. – M .: INFRA-M, 2020. – P. 63.
3. Kartkhia A. A. Civil law model for regulating digital technologies: dis. … Doctor of Law. – M., 2019. – P. 205.
CIVIL LAW
SELIVENKO Dmitriy Andreevich
postgraduate student, group 13PRPN22-09/1, Faculty of Law, Moscow University of Finance and Law
LEGAL POSSIBILITIES OF THE NOTARY AS A NON-JUDICIAL FORM OF PROTECTION IN SOME FOREIGN COUNTRIES
Purpose: The purpose of this article is to explore the legal possibilities of the notary as a non-judicial form of protection in various foreign countries. The author seeks to show how notarial practices help simplify the process of protecting citizens’ rights, as well as analyze successful examples of the introduction of notarial mechanisms into the system of non-judicial protection. As a result of this study, we will try to show the best practices that can be useful for the development of the notary and legal systems in general.
Methods: when writing the article, the following methods were used: analysis, synthesis, comparative legal method, document analysis.
Results: This paper analyzes the role of the notary as an effective tool for an alternative form of protection of the rights of citizens and legal entities in various legal systems. The paper highlights key aspects such as ensuring the legal force of documents, the possibility of non-judicial dispute resolution and minimizing litigation. Special attention is paid to foreign models of notarization, demonstrating a variety of approaches to the use of notary services to protect the rights of citizens, which allows us to identify best practices and offer recommendations for improving the notary system in Russia.
Conclusions: As a result of the research, the author concludes that the legal capabilities of the notary as a non-judicial form of protection in a number of foreign countries are an effective tool for ensuring legal certainty and minimizing litigation. The notary, acting as a guarantor of the authority and authenticity of documents, helps to create trusting relationships between the parties and reduce the burden on the judicial system. The cases studied demonstrate that the introduction and development of notary services can increase the level of legal security and access to justice, which is important for further reforms in the Russian notary aimed at improving the mechanism of human rights protection.
Keywords: notary, non-judicial form of protection, protection of rights, notary services, lawmaking, international experience, access to justice, global practices.
Article bibliography
1. Ashurov D. R. Notaries in the system of protection of socio-economic rights and features of concluding real estate transactions // Legal issues of real estate. 2022. No. 1. P. 23-25.
2. Begichev A. V., Risovskaya S. S. Legal significance of a notarial act // Notary. 2024. No. 1. P. 2-7.
3. Vershinina E. V., Konovalov D. V., Zelentsova M. Yu., Odrinsky A. O. The concept and models of notaries in the law of Russia, France, Spain and England // Bulletin of civil procedure. 2021. No. 3. P. 153-190.
4. Germanova A. A. Functions of the notary institution // Notary. 2021. No. 8. P. 3-6.
5. Ilyushina M. N. Legal force of notarial acts as executive documents: problems of improving legislation // Notarial Bulletin. 2022. No. 3. P. 6-15.
6. Koryagin D. A. Implementation of notary functions in the framework of protecting the rights of participants in corporate relations // Jurist. 2024. No. 6. P. 9-18.
7. Romanovskaya O. V. Notaries in Russia and Germany: Experience of Legal Comparative Studies // Science. Society. State. 2020. No. 1 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/notariat-v-rossii-i-germanii-opyt-pravovoy-komparativistiki (date of access: 20.11.2024).
8. Soloviev D. Yu. Historical aspects of the development of the notaries // Notary. 2019. No. 8. P. 46-48.
9. Seliverstov E. A. Foreign experience of notarial certification of transactions // Bulletin of Science. 2020. No. 2 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zarubezhnyy-opyt-notarialnogo-udostovereniya-sdelok (date of access: 20.11.2024).
10. Ilyushina M. N. Legal force of notarial acts as executive documents: problems of improving legislation // Notarial Bulletin. 2022. No. 3. P. 6-15.
CIVIL LAW
TELNOV Alexey Vladimirovich
Ph.D. in Law, Chief Legal Adviser, Sberbank Factoring LLC
PROTECTION AGAINST DEFAMATION OF THE REPUTATION OF BODIES AND PERSONS ACTING ON BEHALF OF AND IN THE INTERESTS OF THE STATE IN THE REPUBLIC OF SOUTH AFRICA
The article provides a legal analysis of the legislation and judicial practice of the Republic of South Africa regarding the legal possibilities of bodies and persons acting on behalf of and in the interests of the state to legally protect their reputation and, in fact, the reputation of the state from defamation (from the dissemination of false defamatory information). The object of the scientific research was: the phenomena of public relations with examples of their legal regulation in cases of defamation; the procedure for resolving disputes related to the dissemination of information that constitutes a defamatory statement of facts or opinions that negatively affect the reputation of the state and public figures directly associated with the state. It is concluded that bodies and persons acting on behalf of and in the interests of the Republic of South Africa, along with other subjects affected by defamation, have equal rights to protect their reputation from defamation. And in fact, they have equal opportunities to use the methods of protecting their reputation from defamation provided for by the provisions of the judicial practice of the Republic of South Africa in the context of the proclaimed right to freedom of expression. Successful protection of the reputation of bodies and persons acting on behalf of and in the interests of the Republic of South Africa is reliably ensured by the current legislation of the Republic of South Africa and the provisions of judicial practice, and has a positive effect on the level of the reputation of the state as a whole.
Keywords: defamation, Republic of South Africa, the state, bodies and persons acting on behalf of and in the interests of the state, legal protection of civil rights, intangible benefits, reputation.
Article bibliography
1. Badayeva N. V. Property-law institutions in the civil law of South Africa // Bulletin of the Russian University of Cooperation. – 2017. – No. 1 (27). – P. 82.
2. Rudokvas A. D., Thomas F. J. Coexistence and harmonization of various legal traditions of South Africa // Jurisprudence. – 2023. – V. 67, No. 2. – P. 115. – [Electronic resource]. – Access mode: https://doi.org/10.21638/spbu25.2023.201.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
LEGAL FEATURES OF PLASTIC SURGERY IN RUSSIAN PLASTIC SURGERY CLINICS FOR FOREIGN CITIZENS 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. Attention is drawn to the fact that foreign citizens are temporarily staying in Russia, when receiving emergency medical care in the field of plastic surgery, must apply for a voluntary medical insurance policy. The problem of paying for such medical services is identified, due to the lack of medical insurance policies for these citizens or their family members or the non-coverage of real expenses for the treatment of foreign citizens with purchased policies.
Keywords: plastic surgery, medical care, surgery, medical tourism, contract, foreign citizen, customer, clinic, voluntary medical insurance policy.
Article bibliography
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. Provision of medical care to foreign citizens // University medicine of the Urals. – 2022. – V. 8, No. 4 (31).
3. Pogodina I. V., Tsarev M. A. Foreign experience of travel insurance and prospects for its application in the Russian Federation // Tourism: law and economics. – 2022. – No. 1.
4. Seleznev V. D. Medical tourism and its development in modern conditions // Bulletin of the National Academy of Tourism. – 2012. – No. 4 (24).
5. Sergeev Yu. D., Aleksandrova O. Yu., Nasyrova A. N. On organizational and legal aspects of providing medical care to foreign citizens (on the example of cases with pathology of the maxillofacial region) // Medical law. – 2014. – No. 3.
6. Strebkova E. G. Problems of realization of 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).
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 PROCEDURE
TOLCHEV Ivan Mikhaylovich
postgraduate student, University “Synergy”
ON THE ISSUE OF THE LIMITS OF JUDICIAL DISCRETION IN CIVIL PROCEEDINGS
The article defines the concept of judicial discretion and the prerequisites for its development, explores the controversial issue in theory and practice about the relationship between the norms of law and the limits of judicial discretion. Using examples, the peculiarities of the exercise of the right to judicial discretion are considered and the conclusion is proposed that the right without discretion ultimately yields to arbitrariness, but the boundaries of judicial discretion should not be blurred. The destabilization of civil turnover and the expansion of the sphere of judicial discretion is fraught with judicial arbitrariness. In this regard, ways to limit judicial discretion are proposed, such as the certainty of legal norms, the introduction of legal expertise of draft normative legal acts, the application of evaluation categories according to general rules.
Keywords: judicial discretion, limitations of judicial discretion, judicial arbitrariness, limitation of judicial discretion.
Article bibliography
1. Aubakirova-Ter-Grigoryan N. M. Judicial discretion: concept and essential features. // Actual problems of Russian law. – 2023. – No. 8, August. – P. 100-107.
2. Bychkov A. I. Actual problems of judicial proceedings. – M.: Infotropic Media, 2016. – 480 p.
3. Nikitin A. A. Legislative limitation of judicial discretion // Bulletin of the Saratov State Law Academy. – 2020. – No. 1 (132). – P. 191-198.
4. Maslov V. A. Judicial discretion in decisions of the Supreme Court of the Russian Federation. // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2, April-June. – P. 219-225.
5. Pokrovsky I. A. Main problems of civil law. 8th ed. – M., 2020. – 351 p.
CIVIL PROCEDURE
YAKHIYAEV Shamil Sheikhovich
magister student, Dagestan State University, Makhachkala
COMPARATIVEANALYSIS OF SIMPLIFIED PROCEEDINGS IN THE CIVIL PROCESS
The article examines the main theoretical aspects of the administration of justice in civil and arbitration disputes in the order of simplified proceedings, analyzes the concept of simplified proceedings in civil and arbitration proceedings, compares simplified proceedings in civil and arbitration proceedings, highlights their similarities and differences, and suggests ways to develop simplified proceedings in the civil process.
Keywords: court, justice, civil process, arbitration process, administrative proceedings, simplified proceedings.
Article bibliography
1. Gromoshina N. A. Simplification of the civil process as a manifestation of the tendency of its unification // Laws of Russia: experience, analysis, practice. – 2016. – No. 9. – P. 3-6.
2. Gubaidulina G. A. Comparative analysis of simplified proceedings in civil and arbitration proceedings // Domestic jurisprudence. – 2020. – No. 2 (41). – P. 56-59.
3. Case No. 2-5506/2023 of the Central District Court of Barnaul, Altai Krai. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/wGER2JXs7aZY/?reg (date accessed: 13.10.2024).
4. Gubaidulina G. A. Comparative analysis of simplified proceedings in civil and arbitration proceedings // Domestic jurisprudence. – 2020. – No. 2 (41). – P. 56-59.
5. Zapisnaya T. V. Simplified proceedings in the Arbitration Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation: a comparative legal analysis // Modern trends in the development of civil and civil procedural legislation and the practice of its application. – 2016. – No. 3. – P. 470-475.
6. Bochkarev A. E. Optionality of simplified judicial proceedings // Russian judge. – 2013. – No. 4. – P. 16.
7. Yarkov V., Bonner A., Nikitin S. [et al.]. Code of Administrative Procedure: expectations and prospects // Law. – 2015. – No. 9. – P. 18-33.
8. Zapisnaya TV Simplified proceedings in the Arbitration Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation: a comparative legal analysis // Modern trends in the development of civil and civil procedural legislation and the practice of its application. – 2016. – No. 3. – P. 470-475.
9. Gubaidulina GA Comparative analysis of simplified proceedings in civil and arbitration proceedings // Domestic jurisprudence. – 2020. – No. 2 (41). – P. 56-59.
FINANCIAL LAW
ROZHDESTVENSKAYA Tatyana Eduardovna
Ph.D. in Law, professor, professor of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
KARTASHOV Alexander Viktorovich
Ph.D. in Law, associate professor, associate professor of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
PUBLIC LAW ASPECTS OF COUNTERING GREENWASHING IN THE FINANCIAL MARKET
The sustainable development of society and the state directly depends on the state of the economic system and, first of all, one of its most important elements – the financial market. Maintaining the sustainable development of the financial market is achieved as a result of ensuring financial stability and preventing risks affecting its condition. Currently, climate change entails an increase in climate risks and the spread of greenwashing in the financial market. The article examines the concept of greenwashing in the financial market and reveals the approaches used by financial market regulators in order to prevent this unfair practice.
Keywords: Financial market, unfair practices in the financial market, Greenwashing.
Article bibliography
1. Kartashov A. V. The role of platforms in the financial market // Issues of Russian and international law. – 2023. – Vol. 13, No. 4-1. – Pp. 111-119. – DOI 10.34670/AR.2023.41.60.016. – EDN MBNDXG.
2. Morgan, George Emir. Financial institutions, markets, and economic activity: Tim Campbell, (McGraw-Hill Book Company, New York, 1982) // Journal of Banking & Finance. – Elsevier. – 1983. – Vol. 7 (1). – P. 147-152, March.
3. Gainullina D. R., Avramenko A. A. International practices for assessing the environmental component of the investment attractiveness of companies (using ESG indicators as an example) // Insurance Law. – 2021. – No. 3 (92). – P. 54-66. – EDN EKPYUQ.
4. Voronina N. P. Greenwashing: a legal mechanism for counteracting // Bulletin of Kutafin University. – 2023. – No. 3. – P. 31-32.
FINANCIAL LAW
ALEKHIN Vladislav Anatoljevich
postgraduate student of Financial law sub-faculty, O. E. Kutafina Moscow State Law University (MSAL)
MOROZOVA Natalya Semyonovna
Ph.D. in Law, senior scientific researcher, O. E. Kutafin Moscow State Law University (MSAL)
LEGAL BASIS FOR THE FUND METHOD OF FINANCING INNOVATIVE PHARMACEUTICS FOR THE PURPOSES OF IMPLEMENTING THE PHARMA-2030 STRATEGY
In the context of modern challenges and threats to the sustainable economic development of the Russian Federation, the government focuses with special attention on supporting innovative developments necessary for a safe and comfortable life for the population. Thus, one of the strategically important scientific and manufacturing industries is the pharmaceutical industry, in particular, in the context of the creation of innovative medicines. In this regard, the article provides an analysis of the main provisions of the Pharma-2030 Strategy, and discusses specific examples of its practical implementation. The article focuses on the analysis of the problem of legal regulation of financing innovative pharmaceutical developments. In particular, it is proposed to finance innovative developments using the stock method of financing, i.e. through the creation of specialized funds, including venture funds. During the study of this issue, the need to improve the legal regulation of the stock method of financing was noted, including using the experience of the Moscow International Medical Cluster Foundation, the Innovation Assistance Fund, and the PharMed Innovations Foundation.
Keywords: financing by funds, Pharma-2030 Strategy, innovative drugs, innovative pharmaceuticals, financing of innovative pharmaceutical projects.
Article bibliography
1. Pashtova L. G. Legal regulation of venture financing processes for innovative activities in Russia // Property relations in the Russian Federation. – 2020. – No. 1 (220). – P. 51-58.
FINANCIAL LAW
ZAKHAROV Evgeniy Alexeevich
Ph.D. in Law, associate professor of Financial law sub-faculty, Ural State Law University, Ekaterinburg
ON THE ISSUE OF THE “TAX AMNESTY” OF 2024
The article is devoted to the analysis of the concept of “tax amnesty” and approaches to its implementation in the Russian Federation and other foreign countries. The author analyzes the identity of the amnesty law institute for the purposes of tax law and other branches, in particular criminal law. The author points out the goals and impact of tax amnesty on the behavior of taxpayers and tax authorities, analyzes the possibility of implementation of the institution of tax amnesty in the Russian Federation. In addition, the author points out the specifics of the tax amnesty in the “business fragmentation” in 2024 in the Russian Federation. The author positively assesses the effect of the introduction of the term “business fragmentation” into Russian legislation, which reduces the uncertainty in proving the fact of business fragmentation in disputes with tax authorities.
Keywords: tax amnesty, business fragmentation, abuse of law, tax liability, Russian Federation.
Article bibliography
1. Kopina A. A. New “tax amnesty” or a basis for writing off tax debts? // Taxes. – 2017. – No. 24.
2. Pokachalova E. V., Belova T. A. “Tax amnesty” in the system of financial and legal concepts and institutions // Taxes. – 2015. – No. 2.
FINANCIAL LAW
KULAKOVA Diana Vladimirovna
adjunct, Faculty of Training of Scientific and Scientific-Pedagogical Personnel, Academy of Management of the MIA of Russia
INTERACTION OF THE FINANCIAL COMMISSIONER WITH PUBLIC AUTHORITIES
The article presents recommendations and suggestions for improving the interaction of the financial commissioner with public authorities. In the course of the research, the author identified the subjects with whom the financial commissioner interacts, and considered the process of their cooperation. The author emphasizes the need to continue the positive trend of combining the efforts of various human rights institutions for the most effective protection of individual rights and freedoms, which is carried out on the basis of legislative provisions and contractual agreements on information interaction.
Keywords: commissioner for the rights of consumers of financial services, interaction, financial commissioner, public authorities, consumers of financial services, financial organizations.
Article bibliography
1. Boytsova V. V. Legal institution of the ombudsman in the system of interaction of the state and civil society: diss. … Doctor of Law. – Moscow, 1995. – 740 p.
2. Ermakov K. K. Interaction and coordination in the internal affairs agencies. – M., 1971. – 85 p.
3. Lysova Yu. V. Actual problems of consumer rights protection when issuing a loan and its insurance coverage // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 8. – P. 45-65.
FINANCIAL LAW
KHAMIDULLIN Timur Raphaelevich
magister student of the 2nd course, National Research University “Higher School of Economics”
ASSESSMENT OF THE ROLE OF A TAX CONCEPT OF BENEFICIAL OWNERSHIP TO INCOME WITHIN THE SYSTEM OF TAX INSTRUMENTS RESTRICTING THE APPLICABILITY OF REDUCED WITHHOLDING TAX RATES IN THE RUSSIAN FEDERATION
The article studies the prerequisites for enshrinement of the concept of beneficial ownership to income in the Tax Code of the Russian Federation. Through the prism of analyzing the other tax instruments restricting the applicability of reduced withholding tax rates on the Russian-sourced incomes (provisions on limitation of benefits in double tax avoidance agreements, the “principle purpose test», the article 54.1 of the Tax Code of the Russian Federation) the author determines the place and role of the concept of beneficial ownership to income within the system of national tax legislation.
Keywords: the concept of beneficial ownership to income, double tax avoidance agreements, unjustified tax benefit, The Organization for Economic Co-operation and Development.
Article bibliography
1. Arakelov S. A. Development of the concept of actual right to income: approaches of the Federal Tax Service of Russia taking into account the established judicial practice // Law. – 2017. – No. 5. – P. 45-56.
2. Machekhin V. A., Marshankulova O. S. Combating the unlawful use of benefits provided by double taxation avoidance agreements, in the Report on Direction 6 of the BEPS Plan // Current problems of Russian law. – 2017. – No. 1. – P. 92-99.
3. Khavanova I. A. The principle of the main goal: innovations in international tax rules // Financial law. – 2019. – No. 7. – P. 40-43.
4. Khavanova I. A. The test of the main goal: difficulties in the official translation of international tax rules // Tax expert. – 2019. – No. 7 – P. 24-30.
CORPORATE LAW
KOZHOKAR Andrey Petrovich
Head of the Secretariat of the Chairman of the Twelfth Arbitration Court of Appeal
LEGAL REGULATION OF NOTARIAL CONTROL WHEN PLEDGING A SHARE OR PART OF A SHARE IN THE AUTHORIZED CAPITAL OF LIMITED LIABILITY COMPANIES
The paper considers the peculiarity of the implementation of notarial control when pledging a share or part of a share in the authorized capital of limited liability companies. The legal nature of this institution, the peculiarities of the subject composition of control legal relations, their rights and obligations, as well as guarantees are determined. It has been established that the transition to notarization of transactions with shares is largely dictated by a significant proportion of limited liability companies among other organizational and legal forms of legal entities, a low level of integrity of participants and inefficiency in protecting their rights and legitimate interests from unscrupulous behavior of counterparties. The characteristic of the based risks arising from sellers and buyers of shares is given.
Keywords: share in the authorized capital, limited liability company, corporate rights, notary control, collateral, collateral control.
Article bibliography
1. Arkhipov V., Sokolova E. Pledge of shares in the authorized capital of an LLC // Corporate lawyer. – 2009. – No. 9. – P. 37.
2. Begichev A. V., Frolova E. E. Actual problems of the notary office as an effective human rights mechanism // Human rights defender. – 2016. – No. 6. – P. 3.
3. Cheremnykh G. G. New legislation in light of notarial law enforcement practice: pros and cons // Notary. – 2009. – No. 2. – P. 6.
CORPORATE LAW
KONYUSHKEVICH Vadim Dmitrievich
postgraduate student of Business and corporate law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL), Managing Partner of VK Partners law firm, Advocate of the Bar Chambers of Moscow Region
LEGAL ASPECTS AND TYPICAL TERMS OF VENTURE CAPITAL INVESTMENT DEALS IN CHINA
The article considers the specifics of legal regulation of Chinese venture market and analyzes the typical terms of venture capital transactions in China based on the comparative legal analysis of Chinese and Russian laws. The author emphasizes that China’s experience in the field of legal regulation of venture capital investment transactions may be useful for improvement of the Russian legislation in this area and development of innovative economy in general.
Keywords: China, venture capital investment, startup, convertible preferred shares, liquidation privilege, preemptive rights, tag along, drag along.
Bibliographic list of articles
1. Lin L. Venture Capital Law in China. – Cambridge University Press, 2021.
2. Belikova K. M. “Foreign investment”, “investor”, “investment activity”, “organizational and legal forms” of its implementation and the main conditions ensuring the admission of foreign investment in the economy of the PRC, under the new Law “On Foreign Investment” of 2019 // Legal research. – 2019. – No. 7. – DOI: 10.25136/2409-7136.2019.7.30486. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=30486.
3. Bakai K. A., Peshkova G. Yu. Formation and development of venture business in the USA, EU, Israel, China and Russia // Actual problems of economics and management. – 2015. – No. 2. – P. 14-18.
4. Konyushkevich V. Venture Capital Transactions: A Study of Legal and Economic Features. // Property Relations in the Russian Federation. – 2024. – No. 8 (275). – P. 97-107.
5. Lin L. Contractual Innovation in China’s Venture Capital Market // European Business Organization Law Review. – 2020. – No. 21 (1). – P. 101-138.
6. Klausner M., Venuto S.. Liquidation Rights and Incentive Misalignment in Start-up Financing // Cornell Law Review. – 2013. – No. 98 (6).
7. Bratton W. W. Corporate Finance: Cases and Materials. – St Paul, MN: Foundation Press. 2016. – 864 p.
8. Feld B. and Mendelson J. Venture Deals: Be Smarter than Your Lawyer and Venture Capitalist. – Wiley, 2012. – 45 p.
9. Schwienbacher A. Venture Capital Exits. Venture Capital: Investment Strategies, Structures, and Policies. – New Jersey: Wiley, 2010. – P. 387-391.
10. Klonowski D. The Venture Capital Deformation: Value Destruction throughout the Investment Process. – London: Palgrave Macmillan, 2017. – 209 p.
11. Bikhchandani S., Lippman S. A., Ryan R. On the Right-of-First-Refusal // The B. E. Journal of Theoretical Economics. – 2005. – No. 5 (1). – P. 1-42.
12. Bratton W., Wachter M. A Theory of Preferred Stock // University of Pennsylvania Law Review. – 2013. – 161. – 1825.
13. Klausner M. D., Litvak K. What Economists Have Taught Us About Venture Capital Contracting’ in M. Whincop. Bridging the Entrepreneurial Financing Gap: Linking Governance with Regulatory Policy. – 2001.
14. Feld B., Mendelson J. Venture Deals: Be Smarter than Your Lawyer and Venture Capitalist. – Hoboken, New Jersey. John Wiley & sons inc. 2016. – P. 74-75.
15. Rodionova O. M. Legal regulation of venture investment in Russia: gaps and contradictions // Science management and scientometrics. – 2024. – Vol. 19, No. 1. – P. 124-139. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.33873/2686-6706.2024.19-1.124-139.
INFORMATION LAW
ABDUSALAMOV Ruslan Abdusalamovich
Ph.D. in pedagogical sciences, associate professor of Information law and informatics sub-faculty, Institute of Law, Dagestan State University, Makhachkala
IBRAGIMOV Magomed Arslanovich
student of the 3rd year course, Institute of Law, Dagestan State University, Makhachkala
ENSURING THE INFORMATION SECURITY OF MINORS
Information technologies in the context of globalization have begun to affect all spheres of life for both adults and children, and therefore, with each new round of development of the information society, the problem of the implementation of information rights is of increasing scientific interest. Unlike adults who have certain knowledge, experience and skills in using information technology, minors are often in a more vulnerable position, especially from the point of view of the possible destructive impact of the Internet environment, and therefore the analysis of the role and impact of information technology on children requires legal understanding, and the relevance of this is increasing.
The increasing importance of ensuring the information security of minors in the national security system of the Russian Federation is due to the need to legally ensure their protection from the destructive effects of information technologies, including mass media and Internet resources, in order to neutralize the negative impact on behavior, mental health, as well as preventing the risks of harm to minors. Therefore, the development of a system of legal support for information security of minors is considered one of the priority areas of scientific research.
Keywords: information, information security, minors, legal regulation, the Internet.
Article bibliography
1. Atagimova E. I. State policy in the sphere of spiritual and moral education of young people: implementation issues // Monitoring of law enforcement. – 2022. – No. 4 (45). – P. 22-30.
2. Batalov D. R. Educational environment of a general education organization as a means of preventing bullying among schoolchildren: dissertation for the degree of candidate of pedagogical sciences / Fed.real state budgetary educational institution of higher education “Vladimir State University named after Alexander Grigorievich and Nikolay Grigorievich Stoletov”. – 2024. – 227 p.
3. Bespalov Yu. F. Information security of persons with special legal status: social and legal aspect // Notary. – 2020. – No. 1. – P. 16-17.
4. Bespalov Yu. F. Some issues of implementation of family rights of the child (theory and practice). – Vladimir: Vladimir State Pedagogical University, 2021. – 123 p.
5. Tyurina K. A., Khromova V. S. Ensuring information security of minors: responsibilities of parents and administrative and legal means of their implementation // In the collection: Actual problems of public law. Collection of scientific papers. – Vladimir, 2023. – P. 289.
6. Polyakova T. A., Minbaleev A. V., Krotkova N. V. Development of the science of information law and legal support for information security: the formation of a scientific school of information law (past and future) // State and Law. – 2021. – No. 12. – P. 102.
INFORMATION LAW
PEKSHEV ALEXEY VICTOROVICH
Ph.D. in medical sciences, lecturer, O. E. Kutafin Moscow State Law University (MSAL)
PROCEDURE FOR PROVIDING TELEMEDICINE: CURRENT ASPECTS OF IMPROVEMENT
The article discusses the problems of realizing the rights of citizens to affordable and high-quality medical care, including the use of telemedicine technologies. Currently, the use of telemedicine technologies has not been properly regulated, which actualizes the risks of violating the rights of patients who receive the services provided. It is shown that in order to improve the mechanisms of legal protection of patients, the legislator needs to agree on the place of provision and other essential terms of the contract for the provision of telemedicine services.
Keywords: telemedicine technologies, medical care, improvement of legal regulation
Article bibliography
1. Civil Code of the Russian Federation (Part One) of November 30, 1994, No. 51-FZ // SZ RF. – 1994. – No. 32. – Art. 3301.
2. Civil Code of the Russian Federation (Part Two) of January 26, 1996, No. 14-FZ // SZ RF. – 1996. – No. 5. – Art. 410.
3. Federal Law of 21.11.2011 No. 323-FZ “On the Fundamentals of Protecting Citizens’ Health in the Russian Federation” // SZ RF. – 2011. – No. 48. – Art. 6724.
4. Order of the Ministry of Health of Russia of 30.11.2017 No. 965n “On approval of the procedure for organizing and providing medical care using telemedicine technologies” // Official Internet portal of legal information http://www.pravo.gov.ru, 10.01.2018 (Date of access: 14.08.2024).
5. Pekshev A. V. Formation of unified intersectoral approaches to proper provision of biological safety // Bulletin of the O.E. Kutafin University (MSAL). – 2020. – No. 5 (69). – pp. 74-82.
INFORMATION LAW
ABDUSALAMOV Rustan Abdusalamovich
Ph.D. in pedagogical sciences, associate professor, Head of Information law and informatics sub-faculty, Dagestan State University, Makhachkala
MAGDILOVA Larisa Vladimirovna
Ph.D. in economical sciences, associate professor, associate professor of Information law and informatics sub-faculty, Dagestan State University, Makhachkala
GADZHIEVA Aishat Magomedsalamovna
magister student of Information law and informatics sub-faculty, Dagestan State University, Makhachkala
LEGAL ASPECTS OF PERSONAL DATA PROTECTION IN DIGITAL PROFILE
The article deals with problematic issues of legal regulation of personal data contained in the digital profile created by the subjects of digital space in information systems. Digital profiling is of particular importance when transferring state information systems to the Unified State Digital Platform, when preserving the functions of identification and authentication system in the conditions of interdepartmental electronic interaction, transition from digital economy to data economy. The digital profile allows optimizing the process of providing public services. In the field of legal regulation, the state should provide a clear regulatory framework governing the rights of citizens and the responsibilities of bodies and organizations working with the digital profile. The introduction of innovative technologies to ensure information security, increasing digital literacy of citizens and improving information legislation are considered as promising solutions for the protection of personal data in the development of digital platforms.
Keywords: data circulation, information protection, quantum technologies, digital space, artificial intelligence, digital personality, digital rights.
Prystateinyth bibliographic list
1. Vinogradova E. V., Polyakova T. A., Minbaleev A. V. Digital profile: concept, regulation mechanisms and implementation problems // Law enforcement. 2021. Vol. 5, No. 4. Pp. 5-19.
2. Dolganova O. I., Vasilyeva E. V., Ryabov D. A. Digital profile of a citizen: a necessary and sufficient set of personal data // Issues of innovative economics. 2022. Vol. 12, No. 3. Pp. 1523-1540.
3. Ermakova D. A., Stepanyan D. S. Concept of creation and issues of legal regulation of a citizen’s digital profile // Trends in the development of science and education. 2023. No. 98-3. P. 94-97.
4. Loktionova Yu. N., Yanina O. N. The mechanism of using the digital profile infrastructure in the digital economy // Bulletin of the Catherine Institute. 2023. No. 4 (64). P. 18-21.
5. Minbaleev A. V. Problems and prospects of ensuring the protection of personal data of citizens in a digital profile // Bulletin of the Urals Federal District. Security in the information sphere. 2021. No. 4 (42). P. 59-63.
6. Minbaleev A. V., Titova E. V. Digital profile of an athlete: problems of legal regulation and protection // Man. Sport. Medicine. 2021. Vol. 21, No. S2. P. 154-160.
7. Mochalov A. N. Digital profile: the main risks for constitutional human rights in the context of legal uncertainty // Lex Russica (Russian law). 2021. Vol. 74, No. 9 (178). P. 88-101.
8. Ostroushko A. V. Problems of legal support for the process of introducing a citizen’s digital profile // Legal studies. 2022. No. 5. P. 34-47.
DIGITAL LAW
MOROZOVA Natalya Semyonovna
Ph.D. in Law, senior researcher, O. E. Kutafin Moscow State Law University (MSAL)
CURRENT DIRECTIONS FOR IMPROVING LEGISLATION IN THE FIELD OF INTRODUCING ARTIFICIAL INTELLIGENCE TECHNOLOGIES INTO MEDICAL PRACTICE
The article discusses the problematic aspects of the introduction of artificial intelligence technologies into medical practice. Thus, in 90% of countries, artificial intelligence in healthcare has not yet received clear regulatory control. At present, the issue of developing a set of measures for the ethical assessment of innovative digital solutions introduced into clinical practice has not been fully resolved, which creates serious risks of violating the rights of citizens in this area. In order to minimize these risks and threats, it seems appropriate to legislatively specify the issue of the need for ethical verification of technologies introduced into clinical practice. The author also suggests ways to solve the traditional problem of the legal capacity of artificial intelligence and the possibility of its application in healthcare by establishing a program of an experimental legal regime in the field of digital innovations.
Keywords: medical practice, digital innovation, artificial intelligence, ethical verification, code of ethics, experimental legal regime.
CRIMINAL LAW
AKSENOV Alexey Nikolaevich
senior lecturer of Criminal law disciplines, criminal law disciplines, criminology and penal enforcement law sub-faculty, A. S. Griboyedov Moscow State University (IMPE named after A. S. Griboyedov)
SAMOYLOVA Irina Nikolaevna
Ph.D. in philosophical sciences, associate professor of Theory and history of state and law sub-faculty, A. S. Griboyedov Moscow State University (IMPE named after A. S. Griboyedov)
SMOLYANINOV Evgeniy Serafimovich
Ph.D. in Law, associate professor of Criminal law disciplines, criminal law disciplines, criminology and penal enforcement law sub-faculty, A. S. Griboyedov Moscow State University (IMPE named after A. S. Griboyedov)
JUDICIAL DISCRETION IN SENTENCING FOR VIOLENT CRIMES
The authors examine the practice of imposing punishments established by criminal law for violent crimes that are combined with one or another measure of judicial discretion based on an analysis of the legislation of the Russian Federation, scientific approaches, media materials and the author`s understanding of this issue. The author’s definition of the term “judicial discretion”, its elements and types, as well as proposals for improving the legal regulation of this issue are presented.
Keywords: judicial discretion, violent crimes, punishment, assignment of punishment, fairness of punishment.
Article bibliography
1. Aksyonov A. N. Methodological approaches to understanding violent crime and violent crimes // Activities of law enforcement agencies in modern conditions: collection of materials of the XXVI international scientific and practical conference, Irkutsk, June 11, 2021. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 10-13.
2. Gracheva Yu. V. Judicialdiscretion in the implementation of criminal law norms: problems and ways to solve them. – M .: Prospect Publishing House, 2014. – 373 p.
3. Bogdanova R. M., Krasnoplakhtich M. V., Rodionova N. D. [et al.]. Global challenges, new risks and priorities of economic systems: Monograph. In 2 volumes / Edited by S. V. Berdnikov, N. G. Kuznetsov. Volume 2. – Rostov-on-Don: Rostov State University of Economics “RINH”, 2019. – 298 p. – ISBN 978-5-7972-2701-4. – EDN VSVKJQ.
4. Kamyshansky D. Yu. On some aspects of the relationship between lobbying and corruption in the United States of America // Science and education as the basis for the development of Russia. Personnel for an Innovative Economy: A Collection of Articles Based on the Results of the Sixth Professorial Forum (Moscow, November 14-16, 2023). Volume 1. – M.: Russian Professorial Assembly, 2023. – Pp. 219-226.
5. Kaufman M. A. Law-making errors in criminal law // Journal of Russian Law. – 2016. – No. 9. – Pp. 124-136.
6. Ryzhova O. A. Features associated with judicial discretion in sentencing // Science. Society. State – 2013. – No. 2 (2). – Pp. 121-127.
7. Ponomarenko S. I., Samoilov I. N. The problem of duality of the status of the suspect and the accused // Eurasian Law Journal. – 2017. – No. 7 (110). – P. 203-207. – EDN ZDOVTH.
8. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 05.12.2022) (as amended and supplemented, entered into force on 26.12.2022). – [Electronic resource]. – Access mode: http://base.garant.ru/12125178 (date of access: 14.03.2024).
CRIMINAL LAW
GITINOVA Madinat Makhmudovna
Ph.D. in Law, associate professor of Criminal law sub-faculty, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
SULTANAKHMEDOVA Besmira Zeynudinovna
magister student, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
CONCEPT OF JUSTICE AND PRELIMINARY INVESTIGATION
This work is devoted to the study of the concepts of justice and preliminary investigation, their role in the criminal justice system. Justice is defined as the activities of the judiciary aimed at resolving legal disputes and restoring justice in society. An important component of justice is the preliminary investigation – the initial stage of the criminal process, at which authorized bodies collect and verify evidence in order to establish the factual validity of suspicions and accusations. These two components are closely interconnected: the preliminary investigation prepares the basis for subsequent judicial proceedings, ensuring the objectivity and completeness of the process. The work reveals the theoretical aspects and legislative foundations of these concepts, and also analyzes their practical application and significance in ensuring the rights and freedoms of citizens.
Keywords: justice, signs of justice, principles of justice, protection of persons administering justice, preliminary investigation, criminal procedure, trial, evidence, rights and freedoms of citizens.
Article bibliography
1. Amirarslanov K. N. The concept of justice and its features // Problems of improving legislation: Collection of scientific articles by students of the Faculty of Law. Volume Issue 87/20. – Makhachkala: Limited Liability Company “ALEF”, 2020. – P. 36-38. – EDN DERDZH.
2. Aleshkova I. A., Dudko I. A., Marokko N. A. Constitutional Foundations of the Judiciary: Lecture Course for Bachelors. – Moscow: Russian State University of Justice, 2015. – 379 p. – ISBN 978-5-93916-467-2. – Text: electronic // Digital educational resource IPR SMART: [website]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/45228.html (accessed: 02.11.2024). – Access mode: for authorized users
3. Borkov V. N. Crimes Committed in the Administration of Justice, Preliminary Investigation and Operational-Investigative Activities: Monograph. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2022. – 180 p. – ISBN 978-5-88651-806-1. – Text: electronic // Digital educational resource IPR SMART: [site]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/138423.html (accessed: 02.11.2024). – Access mode: for authorized Users
4. Georgievskiy E. V., Kravtsov R. V. Crimes against justice in Soviet criminal legislation // Siberian legal bulletin. – 2021. – No. 4. – P. 103.
5. Geldibaev M. Kh. Crimes against justice and their classification // Criminal legislation: yesterday, today, tomorrow: Proceedings of the annual all-Russian scientific and practical conference, St. Petersburg, June 3-4, 2022 / Under the general editorship of T. A. Ogar, D. M. Kokin, compiled by N. I. Kuznetsova. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 77-84. – EDN UBPAPZ.
6. Poskrebnev M. E. Theoretical problems of justice in civil cases: a tutorial. – Moscow: Russian State University of Justice, 2022. -148 p. – ISBN 978-5-93916-977-6. – Text: electronic // Digital educational resource IPR SMART: [website]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/122915.html (date accessed: 02.11.2024). – Access mode: for authorized users
7. Lebedev V. M. Judicial power in modern Russia: problems of formation and development. – St. Petersburg, 2001. – P. 214.
8. Ershov V. V., Lazarev V. V., Lisyutkin A. B. [et al.]. The rule of law and justice. Problems of theory and practice: materials of the VIII international scientific and practical conference. April 15-19, 2013 / Edited by V. M. Syrykh, V. N. Vlasenko. – Moscow: Russian State University of Justice, 2014. – 660 p. – ISBN 978-5-93916-416-0. – Text: electronic // Digital educational resource IPR SMART: [website]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/22387.html (date of access: 09/30/2024). — Access mode: for authorized. users
9. Sharipova A. R. Preliminary investigation as a stage of criminal proceedings // Modern Science. – 2020. – No. 6-1. – P. 411-414. – EDN NPACRA.
CRIMINAL LAW
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, docent, associate professor of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
NON-EXECUTION OF A COURT VERDICT, COURT DECISION OR OTHER JUDICIAL ACT: SOME ISSUES OF ESTABLISHING OBJECTIVE SIGNS
Criminal liability for non-execution of judicial acts is an effective tool that contributes to strengthening the rule of law and ensuring justice, which is important in determining the effectiveness of the administration of justice. Article 315 of the Criminal Code of the Russian Federation provides the basis for such liability. Since the objective signs of the corpus delicti established by art. 315 of the Criminal Code of the Russian Federation are legislatively defined through evaluative concepts, the signs and criteria of which are not explained in official acts of judicial interpretation, then there is a need, first of all for the law enforcement officer, for their scientifically based unified definition. The article offers options for establishing the maliciousness of non-execution of a judicial act that has entered into force.
Keywords: crime, malicious non-performance, judicial acts that have entered into force, ongoing act, evaluative concept.
Article bibliography
1. Barkho V. Yu. Problems of qualification of acts under Art. 315 of the Criminal Code of the Russian Federation // Gaps in Russian legislation. – 2022. – Vol. 15, No. 7. – P. 229-232.
2. Barkho V. Yu. Problems of qualification of acts under Art. 315 of the Criminal Code of the Russian Federation // Gaps in Russian legislation. – 2022. – Vol. 15, No. 7. – P. 229-232.
3. Zhernovoy M. V., Zvyagin V. A. Criminal liability for failure to enforce court decisions // Law and state: theory and practice. – 2019. – No. 11 (179). – P. 219-221.
4. Naumkin N. A. Bringing debtors to criminal liability for failure to enforce judicial acts: legal basis, problematic issues and ways to solve them // Bulletin of enforcement proceedings. – 2024. – No. 1. – P. 83-92.
CRIMINAL LAW
ZHELOKOV Nikolay Vyacheslavovich
Ph.D. in Law, associate professor of Criminal and penal enforcement law sub-faculty, Saratov State Law Academy
CERTAIN ASPECTS OF LEGISLATIVE REGULATION OF THE PROCESS OF ACHIEVING THE GOALS OF PUNISHMENT FOR LONG PERIODS OF IMPRISONMENT UNDER THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article analyzes the goals of punishment provided for in Part 2 of Article 43 of the Criminal Code of the Russian Federation, the effectiveness of their achievement when imposing punishment in the form of imprisonment for long periods. In the presented study, it is proposed to include the following types of punishments to such punishments: those imposed according to the totality of crimes; when replacing the death penalty by way of pardon and replacing it with life imprisonment; when imprisonment for a term of twenty-five years; with life imprisonment. The severity of such punishments makes it an effective tool within the framework of preventive and preventive measures only if the goals set for it are correctly set.
Keywords: goals of punishment, long terms of imprisonment, restoration of social justice, correction of the embarrassing person, prevention of the commission of new crimes.
Bibliographic list of articles
1. Belyaev N. A. Goals of punishment and means of achieving them in correctional labor institutions. – L.: Publishing house Leningr. University, 1963. – P. 27; Yakovlev A. M. Principles of social justice and the basis of criminal liability // Soviet state and law. – 1982. – No. 3. – P. 93.
2. Bulgakov V. V. Historical development of the concept of justice and its normative-legal properties // Problems and prospects for the development of humanitarian and socio-economic sciences Collection of scientific papers based on the materials of the International scientific and practical conference. In 4 parts. Volume Part II. General editor Zh. A. Shapoval. 2017. – P. 51-53.
3. Kudryavtsev V. N. Law and behavior. – M .: Legal lit., 1978. – P. 111.
4. Naumov A. V. Russian criminal law. Lecture course. V. 1 General part. – M., 2004. – P. 345.
5. Zhuravleva M. P. Responsibility and Punishment of Especially Dangerous Recidivists. – M. Publ. VNII MVD USSR, 1977. – P.66.
6. Yudin E. V. Punishment and Restoration of Social Justice in Criminal Law and Law Enforcement Practice: Abstract of Cand. Sci. (Law) Dissertation. – Irkutsk, 2007. – P. 3; Shutov K. N. Confiscation of Property in Russian Criminal and Criminal-Correctional Legislation: Cand. Sci. (Law) Dissertation. – Tomsk, 2000. – P. 58; Stanovsky M. N. Appointment of Punishment. – SPb.: Juridical center Press, 1999. – P. 17-18.
7. Razgildieva B. T. Criminal law of Russia. Lecture course. In 6 Volumes / Ed. B. T. Razgildieva. – Saratov, 2004. Volume 1. Book 1. – P. 108-109.
8. Koneger P. E. Correction of convicts in criminal and criminal-executive law // Bulletin of the Saratov State Law Academy. – 2012. – No. 5 (88). – P. 120.
9. Zubkova V. I. Criminal punishment and its social role: theory and practice. – M.: NORMA, 2002. – P. 78.
10. Minin A. V. On social justice as the goal of criminal punishment// Power: Criminological and legal problems. – M., 2000. – P. 201.
11. Kozachenko I. Ya. The concept of criminal punishment// Implementation of criminal liability: substantive and procedural aspects: Interuniversity collection of scientific articles. – Samara, 1992. – P. 72.
12. Russian criminal law. General part / Ed. by V. N. Kudryavtsev and A. V. Naumov. – M., 2000. – P. 387.
13. Tagantsev N. S. Russian criminal law. T. 2. – Tula: Avtograf, 2001. – P. 96.
14. Zhelokov N. V. Life imprisonment in the punishment system of the Criminal Code of the Russian Federation and its purpose: dis. … candidate of legal sciences. – Saratov, 2006. – P. 73.
15. Noy I. S. Issues of the theory of punishment in Soviet criminal law. – Saratov, 1962. – P. 41.
16. Lyublinsky P. I. On the effect of punishment // New ideas in jurisprudence. Collection No. 1. The goals of punishment. Ed. P. I. Lyublinsky. – St. Petersburg, 1914. – P. 6.
17. Noy I. S. Issues of the theory of punishment in Soviet criminal law. – Saratov, 1963. – P. 51.
18. Piontkovsky A. A. Social protection measures and the Criminal Code of the RSFSR // Soviet law. – M.; Petrograd, 1923. – No. 3 (6). – P. 42.
CRIMINAL LAW
ZARYAEV Vyacheslav Alexandrovich
Ph.D. in Law, associate professor of Criminal law sub-faculty, Central branch, Russian State University of Justice, Voronezh
SOLODOVCHENKO Dmitriy Dmitrievich
Ph.D. in historical sciences, associate professor, associate professor State and legal disciplines sub-faculty, Central branch, Russian State University of Justice, Voronezh
THE CONSTITUTIONAL PRINCIPLE OF HUMANISM AS THE BASIS OF CRIMINAL LEGISLATION: PROBLEMS OF IMPLEMENTATION IN FOREIGN COUNTRIES
The article analyzes the provisions of foreign constitutional acts, reflecting the principle of humanism. The article examines the trends in the implementation of the constitutional principle of humanism in the criminal legislation of foreign countries, and describes specific areas of humanizing criminal legislation. The authors describe the refusal to apply the death penalty as the way of humanizing criminal policy. A retrospective of the use of the death penalty as a type of criminal punishment in the United States, the cruelty and inhumanity of the methods of the death penalty are presented.
Keywords: constitutional principle of humanism, humanization of criminal legislation, capital punishment, death penalty, methods of the death penalty.
Bibliographic list of articles
1. Zakharova A. V. Implementation of the constitutional principle of humanism in criminal law // International Journal of Humanities and Natural Sciences. – 2018. – No. 10-2. – P. 136-138.
2. Death Penalty Information Center. [Electronic resource]. – Access mode: https://deathpenaltyinfo.org (date of access: 03.11.2024).
3. Report of the Ministry of Foreign Affairs of the Russian Federation “On the human rights situation in the United States of America”. – Moscow, 2024. [Electronic resource]. – Access mode: https://clck.ru/3CTBQQ (date of access: 14.11.2024).
4. Sarat, A. Gruesome Spectacles: Botched Executions and America’s Death Penalty. – Stanford Univ. Press, 2014. – P.146-177.
5. Stepanova O. Yu. Death penalty in the USA // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (82). – pp. 185-191.
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty, Penza State University
NUYKINA Kseniya Ivanovna
student of the 3rd course, Institute of Law, Penza State University
ON THE NEED TO REFORM ARTICLE 154 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses the problems of legislative regulation of Article 154 of the Criminal Code of the Russian Federation. During the analysis of the provisions of the Criminal Code of the Russian Federation of scientific literature and judicial practice, shortcomings of regulatory regulation were identified that have a negative impact on the quality of the corpus delicti. It is shown that illegal adoption is not a common phenomenon. The author considers the main problems, as well as offers recommendations for their correction.
Keywords: illegal adoption, criminal liability, crimes against the family and minors.
Article bibliographic list
1. Abramova S. R. Features of initiation of criminal cases and typical investigative situations of the initial stage of investigation of illegal adoption // Legal state: theory and practice. – 2018. – No. 1 (51). – P. 133-138.
2. Glushkov A. I. Problems of proving corruption crimes in criminal cases of illegal adoption (adoption) // Science and School. – 2015. – No. 6. – P. 18-21.
3. Pudovochkin Yu. E. Responsibility for crimes against minors under Russian criminal law. – St. Petersburg: Piter, 2011. – 377 p.
4. Filippov P. A. Lectures on crimes against the family and minors: a tutorial. – Moscow: Prospect, 2019. – 296 p. – ISBN 978-5-392-29733-7.
CRIMINAL LAW
LAVRINOV Vyacheslav Viktorovich
Ph.D. in Law, associate professor, Head of Criminal law, criminology and criminal process sub-faculty, Rostov branch, St. Petersburg Academy of the Investigative Committee of the Russian Federation, associate professor of Criminal law disciplines sub-faculty, Rostov branch, Russian Customs Academy, colonel of justice
PROBLEMATIC ISSUES OF DETERMINING THE SUBJECT OF CONTRABAND IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF ARMENIA
The article discusses the issues of comparative characteristics of criminal liability for customs crimes in the legislation of the Russian Federation and the Republic of Armenia. Despite the existence of common customs legislation, the criminal law norms of Armenia and Russia providing for responsibility for smuggling have significant differences related to the definition of the contraband item, which requires further measures aimed at their unification. The author proposes to take measures to improve the criminal legislation of these two EAEU member states in terms of determining the subject of various types of contraband.
Keywords: Criminal Code of the Republic of Armenia, customs crimes, crimes against public safety, the object of the crime, smuggling, cultural property, customs border, illegal movement, customs legislation.
CRIMINAL LAW
LEVANDOVSKAYA Mariya Gennadjevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMS OF THE RELATIONSHIP BETWEEN MERCENARISM AND ACTS PROHIBITED BY ARTICLE 208 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION.
The article examines the criminal-legal characteristics of mercenarism as a crime against peace and security of mankind. International legal and national approaches to the definition of the concept of “mercenary” are analyzed. Objective and subjective features of the crime provided for in Article 359 of the Criminal Code of the Russian Federation are studied. Particular attention is paid to the issues of distinguishing mercenarism from related crimes, in particular, with the organization of an illegal armed formation and participation in it (Article 208 of the Criminal Code of the Russian Federation). Problematic aspects of the qualification of these crimes in aggregate are considered.
Keywords: mercenarism, mercenary, armed conflict, military actions, illegal armed formation, criminal liability, qualification of crimes, international humanitarian law, national security, recruitment of mercenaries.
Article bibliography
1. Avdeev V. A., Avdeeva O. A. Legal mechanism for ensuring public security in the context of national threats associated with criminal arms trafficking // Russian Justice. – 2019. – No. 5. – P. 44-46.
2. Valova P. A. Legal basis for the establishment of military investigative bodies // Regulation of legal relations: problems of theory and practice: Collection of articles of the XXI annual international student scientific and practical conference, Moscow, March 31 – 01 2022. Volume Part 2. – Moscow: Russian State University of Justice, 2023. – P. 695-701.
3. Vladimirov R. V. On the issue of grave consequences in the form of significant material damage in official crimes // Public law today. – 2023. – No. 1 (15). – P. 94-102. – DOI 10.24411/2541-8440-2023-1-0008.
4. Kokambo Yu. D., Skorobogatova O. V., Kuznetsova K. E. Mercenary activities and private military companies in the context of modern international and Russian law // Bulletin of Amur State University. Series: Humanities. – 2019. – No. 86. – P. 46.
5. Kutin P. M., Nalivaiko V. O., Mozgovoy O. A. The problem of unsettled legal relations arising in armed conflicts // Wartime legislation: lessons of the past and modern challenges: Collection of scientific articles, Moscow, November 19, 2021. – Moscow: Russian State University of Justice, 2022. – P. 190-201.
6. Khlebushkin A. G. Going over to the enemy’s side and participating in military operations on the territory of a foreign state for purposes contrary to the interests of the Russian Federation: qualification issues // Criminal Law. – 2022. – No. 12 (148). – P. 48-57. – DOI 10.52390/20715870_2022_12_48.
CRIMINAL LAW
NAGIBIN Viktor Leonidovich
senior lecturer of Criminal, penal law and the organization of the execution of punishments not related to the isolation of convicts from the society sub-faculty, Perm Institute of the FPS of Russia
IMPROVEMENT OF MEASURES OF CRIMINAL LEGAL IMPACT APPLIED TO CONVICTS WITH DRUG AND ALCOHOL DEPENDENCE
The article deals with problematic aspects related to the issues of legal regulation and the content of criminal law measures applied to convicts with drug and alcohol dependence. The effectiveness of the application of deferred punishment in relation to convicts with drug addiction is questioned, and taking into account the possibility of implementing its provisions within the framework of a suspended sentence and Article 72.1 of the Criminal Code of the Russian Federation, the expediency of the legislative provision for postponement of punishment is disputed. The lack of legal consolidation of the concepts of “A convict is considered to be evading treatment, rehabilitation”, “A convict is recognized as maliciously evading treatment, rehabilitation”, effective responsibility of convicts for evading (refusing) treatment and rehabilitation, indicates insufficient regulatory support for the process of fulfilling duties and is a gap in legislation. Other problems are raised that arise when applying criminal law measures applied to convicts who have addiction.
Keywords: criminal punishment, criminal enforcement inspections, measures of a criminal legal nature, drug addiction, dependence.
Bibliographic list of articles
1. Kurchenko V. N. Problems of application of new anti-drug legislation encouraging to get rid of drug addiction // Narkokontrol. – 2014. – No. 4 (37). – P. 3-8.
2. Nagibin V. L. On the activities of the UII at the present stage // 25-year experience of application of the criminal and criminal-executive codes of the Russian Federation: problems and development prospects. Collection of materials of the round table within the framework of the XII Perm Congress of legal scholars. Comp. A. I. Sogrina. – Perm, 2022. – P. 79-82.
3. Nagibin V. L. Execution of punishments and measures of criminal-legal nature, alternative to imprisonment, in relation to convicts, sick with drug addiction // Study guide. Perm Institute of the Federal Penitentiary Service. – Perm, 2022. – 34 p.
4. Yakovleva A. A. Application of criminal-law measures for the treatment of socially significant diseases: the right or obligation of the court // Penitentiary science. – 2020. – No. 14 (2). – P. 214.
CRIMINAL LAW
RUBANOV Vladimir Alexandrovich
senior lecturer of Operational search activities and special equipment sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
MARKOV Alexander Ivanovich
Ph.D. in Law, associate professor, associate professor of Forensic science and forensics sub-faculty, Rostov State Economic University (RINE)
THE HISTORICAL FORMATION OF RUSSIAN CRIMINAL LAW ON MURDERS
The authors analyzed various time historical stages of the development of the Russian state, starting with the existence of Kievan Rus, from 911, when the Treaty with Ancient Greece was signed by Prince Oleg, in which there is a reference to blood feud. Then they underwent a legal analysis of the norms establishing for the murder of the 12th, 15th, 16th, 17th, 18th and 19th centuries. And also studied the norms of the Criminal Code of the RSFSR 1922, 1926 and 1960. The authors conclude that attention to the encroachment on human life is not at all accidental, since life is an inalienable right of every individual. At the same time, criminal liability for murder was provided at all times.
Keywords: murder, history, criminal legislation, Cathedral Code, Article Military, Criminal Code of the RSFSR.
Article bibliography
1. Chernevich K. A. Criminal liability for murder // Molodist. Intellect. Initiative: Materials of the XII International scientific and practical conference of students and graduate students. In 2 volumes, Vitebsk, April 26, 2024. – Vitebsk: Vitebsk State University named after P. M. Masherov, 2024.
2. Suturin M. A. Criminal-legal characteristics of murder (Part 1 of Article 105 of the Criminal Code of the Russian Federation) // Scientific Almanac of the France-Kazakhstan Association. – 2024. – № 1.
3. Vambolt D. O. Criminal liability for murder in pre-revolutionary legislation // Youth scientific forum: collection of articles based on the materials of the CCXXXIII student international scientific and practical conference, Moscow, January 10, 2024. – Moscow: Limited Liability Company “International Center for Science and Education”, 2024.
CRIMINAL LAW
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
HOOLIGANISM COMMITTED WITH THE THREAT OF VIOLENCE
The article discusses the issues of establishing such a crime under paragraph “a” of Part 1 of Article 213 of the Criminal Code of the Russian Federation as the threat of violence in the course of a gross violation of public order, expressing clear disrespect for society. Taking into account the relevant explanations of the Plenum of the Supreme Court of the Russian Federation on the qualification of hooliganism, an analysis of both the signs of establishing mental violence and its substantive component has been carried out, and attention has been paid to the study of such a threat addressee as an indefinite circle of persons.
Keywords: hooliganism, violence, threat of violence, indefinite circle of persons, statements, other actions as a threat.
Article bibliographic list
1. Remizov M. V., Kaplin M. N. Expansion of the limits of the main composition of hooliganism (Part 1 of Article 213 of the Criminal Code of the Russian Federation): new issues of qualification and legislative technique // Actual problems of criminal law at the present stage (issues of differentiation of responsibility and legislative technique). – 2022. – No. 11. – P. 40-51.
2. Yakovenko E. V. Problematic aspects of pthe concept of “an indefinite circle of persons” in civil proceedings // International Journal of Humanities and Natural Sciences. – 2022. – No. 9-1 (72). – P. 261-264.
3. Rarog A. I. On the mandatory nature of explanations of the Plenum of the Supreme Court of the Russian Federation // Actual problems of Russian law. – 2024. – Vol. 19, No. 5 (162). – P. 104-112.
CRIMINAL LAW
SYPCHENKO Alla Viktorovna
Ph.D. in historical sciences, professor of professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
OTROSHCHENKO Karina Dmitrievna
magister student of the 2nd course, Samara Law Institute of the FPS of Russia
MEASURES TO PREVENT ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AT THE FEDERAL AND REGIONAL LEVELS
The authors of the article focus on the most effective measures for the prevention and prevention of illicit trafficking in narcotic drugs and psychotropic substances both at the level of the Russian Federation and at the level of the subject of the Russian Federation – the Samara region. The analysis of drug crime at the present stage of development of the Russian society is carried out. The study is based on statistical data from the Ministry of Internal Affairs of Russia and public opinion monitoring. It is emphasized that the problem under consideration remains quite acute.
The authors summarized the main provisions of the study and concluded that the analysis of the current drug crime shows that state authorities, state authorities of the subjects of the federation, local governments, law enforcement agencies and other entities are taking measures to prevent this type of crime at the early stages, but, as can be seen in practice, the most effective interaction, as well as greater involvement of citizens in facilitating the activities of authorities in the growth of drug crime. Monitoring of public opinion shows that almost 90% of respondents consider the problem of drug addiction to be relevant for the Samara region. The level of public awareness to strengthen measures aimed at combating drug addiction and drug distribution can be defined as quite high.
Keywords: narcotic drugs, psychotropic substances, illicit trafficking, preventive measures, preventive measures, combating the spread of drugs.
Article bibliography
1. Crime prevention. [Electronic resource]. – Access mode: https://stavf.krdu.mvd.rf/upload/site122/document_file/Lekciya_7 (7) (date of access: 18.04.2024).
2. Brief characteristics of the state of crime in the Russian Federation for January – February 2024. [Electronic resource]. – Access mode: https://мвд.рф/reports/item/48913905 / (date of access: 18.04.2024).
3. Prevention of crimes in the sphere of illegal trafficking of narcotic drugs, psychotropic substances and their analogues. [Electronic resource]. – Access mode: https://грязи.48.мвд.рф/новости/news/item/29417158/ (date of access: 18.04.2024).
On narcotic drugs and psychotropic substances: federal law (adopted on January 08, 1998 No. 3-FZ; as amended and supplemented on April 28, 2023 No. 169-FZ) // Rossiyskaya Gazeta. 1998. January 15.
4. On approval of the state program of the Samara region “Combating illegal drug trafficking, preventing drug addiction, treating and rehabilitating drug addicts in the Samara region” for 2014-2025: Resolution of the Government of the Samara Region (adopted on November 29, 2013, No. 710; as amended and supplemented on December 7, 2021, No. 1017) // Rossiyskaya Gazeta. 2013. November 29.
CRIMINAL LAW
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty, North Caucasus Institute (branch), Krasnodar University of the MIA of Russia
KOZARENKO Yuliya Igorevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
SOCIALLY DANGEROUS ACT IN THE FORM OF INACTION – PROBLEMS OF QUALIFICATION
The article discusses a socially dangerous act in the form of inaction, problems of qualification. It is shown on a specific example the commission of a crime in the form of inaction, difficulties in assessing inaction. The author also determined the expediency of supplementing some of the constitutions of the Special Part of the Criminal Code of the Russian Federation, providing for the commission of a crime in the form of inaction, indicating the absence of valid reasons.
Keywords: action, behavior, obligation, valid reasons, qualification.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 02.10.2024) // Collected Legislation of the Russian Federation. – 17.06.1996. – No. 25. – Art. 2954.
2. Alikperov Kh. D. Problems of the concept of “socially dangerous act” // Criminal law: development strategy in the 21st century. – 2024. – No. 1. – P. 13-25.
3. Bolotov V. V. Inaction as a form of criminal behavior // Russian-Asian Legal Journal. – 2020. – No. 1.2 – P. 6-10.
4. Cassation ruling of the Third Cassation Court of General Jurisdiction dated July 14, 2022 in case No. 77-1949/2022. [Electronic resource]. – Access mode: https://xn--90afdbaav0bd1afy6eub5d.xn--p1ai/69169639 (accessed: 04.11.2024).
CRIMINAL LAW
TROFIMTSEVA Svetlana Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Security and information technologies sub-faculty, National Research University “Moscow Power Engineering Institute”
FEATURES OF CRIMINALIZATION OF UNLAWFUL INFLUENCE ON COMPUTER INFORMATION OF CRITICAL INFRASTRUCTURE FACILITIES IN THE NATIONAL LAW OF RUSSIA AND CERTAIN FOREIGN STATES
The article analyzes issues related to the specifics of criminal-legal counteraction to cyber-attacks aimed at computer information of information systems, telecommunication networks of critical infrastructure facilities in Italy, Poland, Finland, Germany in connection with the adoption of resolutions by the UN Security Council, OSCE and EU directives (ECI, CER, NIS, NIS-2). A comparative analysis of articles of criminal laws of these states that criminalized illegal attacks on computer data of IT systems of critical infrastructure facilities and the disposition of Part 2 of Article 274.1 of the Criminal Code of the Russian Federation is carried out. It is proposed to modify the disposition of Part 2 of Article 274.1 of the Criminal Code of the Russian Federation by specifying the material consequences of cyber-attacks on a critical infrastructure facility in the form of disruption or termination of the functioning of a critical infrastructure facility, which may entail a threat to public safety and public order, national, economic security, life, human health.
Keywords: cybercrime, critical infrastructure, critical information infrastructure, computer information, crimes against computer information of critical infrastructure facilities.
Article bibliography
1. UN. Report of the Secretary-General “Countering the use of information and communications technologies for criminal purposes” to the 74th session of the General Assembly, 30.07.2019 // Official website of the UN. [Electronic resource]. – Available at: https://documents.un.org/doc/undoc/gen/v19/081/84/pdf/v1908184.pdf?token=BUS806FEBw26O67BtZ&fe=true (accessed: 13.06.2024).
CRIMINAL LAW
UNTEROV Vladimir Anatoljevich
Ph.D. in Law, Associate professor of Administrative and legal disciplines sub-faculty, Samara Law Institute of the FPS of Russia
CHARACTERISTICS OF THE LEVEL OF VIOLENT CRIMES COMMITTED BY CONVICTS IN CORRECTIONAL INSTITUTIONS
The article examines the quantitative indicators of crime against life and health committed by convicts in places of deprivation of liberty. In particular, their dynamics are studied by types of correctional institutions per ten thousand convicts. The author concludes that correctional colonies are the most criminogenic institution, where there is an increase in the level of violent crime against the background of a decrease in the crimes under consideration in absolute numbers. For other types of correctional institutions, there is also an ambiguous dynamics, which confirms the fact of a high level of violent penitentiary crime. Thus, the author comes to the conclusion that the state of crime against life and health in penitentiary institutions for more than fifteen years has been characterized by the most negative dynamics in correctional and educational colonies. In other categories of correctional institutions, there are periods of growth and decline with relative stability of statistical criminological indicators.
Keywords: violent crime, life, health, convict, crime rate, correctional institution.
Article bibliography
1. 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).
2. Report on the state of crime among persons held in penal institutions for December 2022 (form 2-UIS).
3. Prevention of criminal subculture among juvenile convicts, suspects, accused: method. rec. / V. M. Pozdnyakov andetc. – Tver, 2023. – P. 214.
CRIMINAL LAW
CHOCHUEVA Zulfiya Azretalievna
Ph.D. in Law, associate professor, Head of Criminal law and process sub-faculty, North Caucasus State Academy, Cherkessk
KAPPUSHEVA Khalimat Romazanovna
assistant to the Rector, North Caucasus State Academy, Cherkessk
SUBJECTIVE SIGNS OF CRIMES IN THE FIELD OF ILLEGAL CIRCULATION OF MEDICINES
The article analyzes the subjective signs of crimes related to illicit drug trafficking. According to the authors, the study of subjective signs of crimes in the field of illicit drug trafficking is a key element for a correct and fair criminal legal assessment of the illegal actions committed and the effective application of criminal liability measures. We believe that the illegal circulation of medicines is a complex problem that requires in-depth analysis, both from the point of view of legal liability and social consequences. This area of crime is characterized by high dynamism, the constant emergence of new forms and methods, which requires constant improvement of law enforcement practice.
Keywords: medicines, punishment, treatment, crime, responsibility, falsification, public danger, criminal consequences.
Bibliographic list of articles
1. Veklenko S.V., Bavsun M.V. Subjective side of crime: textbook. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2006. – 104 p.
2. Dagel P. S., Kotov D. P. Subjective side of the crime and its establishment. – Voronezh, 1974. – 243 p.
3. Derevyanskaya T. P. Motive and purpose as signs of the subjective side of crimes related to the illegal circulation of drugs, medical devices and biologically active additives // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – Simferopol, 2018. – P. 181-186.
4. Derevyanskaya T. P. Criminal liability for illegal circulation of drugs and medical devices: dis. … Cand. of Law. – Omsk, 2015. – 191 p.
5. Derevyanskaya T. P., Yushina Yu. V., Rudik M. V. Counterfeit, poor-quality and falsified medicines as the subject of crimes under Art. 238 of the Criminal Code of the Russian Federation // Eurasian Law Journal. – 2018. – P. 242-244.
6. Ilikbaeva E. S. Circulation of counterfeit, poor-quality and unregistered medicines, medical devices and turnover of counterfeit dietary supplements: issues of criminalization, differentiation, liability and penalization: dis. … candidate of legal sciences. – Krasnodar, 2019. – 234 p.
7. Leykina N. S. Personality of the offender and criminal liability. – L., 1968. – 129 p.
8. Rarog A. I. Qualification of crimes by subjective features. – SPb., 2002. – 279 p.
9. Rarog A. I. Concept and essence of the feature “use of official position” in Russian criminal law // Jurist-Pravoved. – 2007. – No. 6. – P. 249.
10. Russian criminal law. General part: textbook for universities / Ed. V. P. Konyakhin and M. L. Prokhorova, 2016. – 560 p.
11. Ryasov A. V. Concept and essence of the feature “use of official position” in Russian criminal law // Jurist-Pravoved. – 2007. – No. 6.
12. Savrasov L. A. Motive for Murder. – M., 1998. – P. 92.
13. Criminal Law of Russia. General and Special Parts: textbook / edited by A. I. Rarog. 6th ed., revised and enlarged. – M., 2008. – 560 p.
14. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 25.12.2023) // Rossiyskaya Gazeta. – № 113, 18.06.1996 @@ № 114, 19.06.1996 @@ № 115, 20.06.1996 @@ № 118, 25.06.1996.
15. Shargorodsky M.D. Guilt and Punishment in Soviet Criminal Law. – M., 1945. – 56 p.
CRIMINAL LAW
GITINOVA Madinat Makhmudovna
Ph.D. in Law, associate professor of Criminal law sub-faculty, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MIRZAEV Said Magomedovich
magister student, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE IMPORTANCE OF JUDICIAL AND DOCTRINAL INTERPRETATION OF CRIMINAL LAW
The article examines the role of interpretation of criminal law in law enforcement, emphasizing its importance as a tool of legal technology. The influence of the Supreme Court of the Russian Federation on the development of various areas of law is analyzed through reviews of law enforcement practice and the formation of doctrinal positions. The imperfection of the legislative framework is pointed out, leading to the need to use doctrinal interpretation to resolve legal conflicts. The complexity of defining the term “legal document”rine” and the variety of approaches to understanding it, as well as the role of scientific views in the formation of judicial practice are discussed. The importance of scientific doctrine is considered as fundamental for the development of law enforcement practice, emphasizing the freedom of scientific research of judges of the Supreme Court of the Russian Federation and the influence of scientific developments on the formation of legal thinking. The differences between the authority of scientific thought and official interpretation of the law are examined, as well as the role of scientific independence in the judicial system. The article emphasizes that scientific research serves as the basis for the formulation of law enforcement practice and sets the direction for the development of official interpretation of law.
Keywords: interpretation, doctrine, judicial interpretation, Supreme Court, legal position, interpretation, gaps, conflicts, meaning.
Bibliographic list of articles
1. Lazarev V.V. On the role of doctrinal interpretation of law // Soviet justice. 1969. —№ 14. — P. 14-15.
2. Lebedev V. M. Formation and development of the judiciary in the Russian Federation. —Moscow, 2000. — 368 p.
3. Malko A. V., Gaivoronskaya Ya. V. Doctrinal acts as the main instrument of legal policy // Law. Journal of the Higher School of Economics. — 2018. — No. 1. — P. 13.
4. Polyansky D. A., Puzikov R. V. Legal doctrine as a special legal phenomenon. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-doktrina-kak-osoboe-pravovoe-yavlenie.
5. Khabrieva T. Ya., Lazarev V. V., Gabov A. V. [et al.]. Judicial practice in the modern legal system of Russia: monograph / Ed. T. Ya. Khabrieva, V. V. Lazarev. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: Norma: INFRA-M, 2020. – 432 p. – ISBN 978-5-91768-835-0. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/1085677 (date of access: 06.12.2024).
6. Chernogor N. N. Life and creative legacy of Professor Anatoly Borisovich Vengerov / N. N. Chernogor, M. V. Zaloilo // Journal of Russian Law. – 2022. – Vol. 26, No. 10. – Pp. 150-173. – DOI 10.12737/jrl.2022.112. – EDN QKTTXV.
7. Shargorodsky M. D. [Comp. and foreword by B. V. Volzhenkina]; Assoc. Legal Center. – St. Petersburg: Legal. Center Press, 2004. – 655 p.
CRIMINAL LAW
GRIGORYAN Albert Alikovich
postgraduate student, North Caucasus Social Institute
BOUNDARIES OF CRIMINAL BEHAVIOR IN MEDICAL-BIOLOGICAL RESEARCH
The article states that the development of medical (biomedical) knowledge is one of the main trends of the Fourth Scientific and Technological Revolution. However, it is precisely this knowledge that carries significant criminal risks associated with potential cloning of humans (their organs and tissues), the development of transplantology, and reproductive medicine. For this reason, a legal response to abuses that are potentially permissible in the field of medical and biological research is already needed. The author proposes to establish the boundaries of criminal behavior in medical and biological research (experiments).
Keywords: criminal liability, criminal risk, medical-biological research, experiment.
Article bibliography
1. Yanitsky O. N. The Fourth Scientific and Technological Revolution and Deep Changes in Globalization Processes // Bulletin of the Institute of Sociology. – 2017. – No. 21. – P. 13-34.
2. Rose N. The Politics of Life Itself: Biomedicine, Power, and Subjectivity in the Twenty-First Century. – Princeton University Press, 2007. – 352 RUR
CRIMINAL LAW
DZONIK Elena Vitaljevna
adjunct, Saint Petersburg University of the MIA of Russia
CRIMINAL AND LEGAL CHARACTERISTICS OF CRIMES IN THE SPHERE OF CIRCULATION OF FALSIFIED, SUBSTANDARD, UNREGISTERED MEDICINES AND MEDICAL DEVICES
The increase in the production and distribution of counterfeit, substandard, unregistered medicines and medical devices poses serious threats to the health of citizens and undermines confidence in the healthcare system. The modern pharmaceutical market is characterized by insufficient regulation, high demand for products and the availability of online services, which exacerbates the situation. Crimes in the field of drug circulation threaten public safety and public health, which requires the creation of a unified criminal law institution to counter these phenomena and ensure law and order in the pharmaceutical sector.
Keywords: counterfeit medicines, substandard medical products, criminal liability, quality control, protection of public health, object and subject of crime, public safety.
Article bibliography
1. Derevyanskaya T. P. Criminal liability for illegal circulation of medicines and medical devices: Abstract of Cand. Sci. (Law) Diss. – Omsk, 2015. – P. 12.
2. Ilikbaeva E. S. Circulation of counterfeit, poor-quality and unregistered medicines, medical devices and circulation of counterfeit dietary supplements: issues of criminalization, differentiation of responsibility and penalization. Cand. Sci. (Law) Diss. – Krasnodar. 2019. – P. 120.
3. Ostapenko O. I. Issues of improving criminal liability for crimes in the field of illegal circulation of medicines and medical devices // Problems of Economics and Legal Practice. – 2020. – Vol. 16, No. 5. – P. 287.
4. Rarog AI Illegal production of medicines and medical devices (Article 235.1 of the Criminal Code of the Russian Federation) // All-Russian Criminological Journal. – 2018. – No. 6. – P. 845-855.
5. Rarog AI, Bimbinov AA Contents of criminal circulation of inappropriate medical products // Bulletin of St. Petersburg University. Law. – 2019. – Vol. 10, No. 2. – P. 253.
6. Soloviev OG Technical and legal aspects of the normative consolidation of the signs of the objective side of the crime provided for in Art. 238.1 of the Criminal Code of the Russian Federation // Bulletin of the Yaroslavl State University named after P. G. Demidov. Humanitarian Sciences Series. – 2022. – V. 16, No. 3 (61). – P. 448.
7. Tretyakova E. I. Circulation of counterfeit medicines: criminal-legal and criminological problems of counteraction: Dis. … Cand. of Law. – Irkutsk, 2016. – P. 13.
8. Firsov I. V. Illegal circulation of medical products: criminal-legal research: Dis. … Cand. of Law: 12.00.08. – Moscow, 2017.
9. Firsov I. V. Objective signs of illegal production of medicines and medical devices (Article 235.1 of the Criminal Code of the Russian Federation) // Actual problems of Russian law. – 2016. – No. 5 (66). – P. 125.
10. Erokhina A. V. Criminal-legal and criminological measures to combat the production and circulation of counterfeit drugs / A. V. Erokhina, V. D. Larichev. – M.: Yurlitinform, 2013. – P. 64-67.
11. Kozaev N. Sh. Changes in criminal policy in the field of combating abuses in the pharmaceutical market // Russian investigator. – 2015. – No. 24. – P. 26-29.
CRIMINAL LAW
LYSENKO Rodion Viktorovich
postgraduate student, North Caucasus Social Institute, Cherkessk
ON THE PROSPECTS OF RECOGNIZING A CARRIER OF ARTIFICIAL INTELLIGENCE AS A SUBJECT OF CRIMINAL LEGAL RELATIONS
The article emphasizes that artificial intelligence is becoming increasingly important in various spheres of society. Initially, issues related to the development of the concept of “artificial intelligence”, its role and place in human civilization were developed in the doctrine of civil law. Therefore, the main basis for the potential recognition of carriers of artificial intelligence as a party to criminal legal relations is the determination of the status of its “positive” (civil) legal personality.
Keywords: artificial intelligence, criminal legal relationship, criminal liability, legal personality.
Article bibliography
1. Begishev I. R. Criminal-legal protection of public relations related to robotics: author’s abstract. diss. … doctor of law. – Kazan: Kazan (Volga Region) Federal University, 2022. – 55 p.
2. Begishev I. R., Khisamova Z. I. Artificial intelligence and criminal law. – M.: Prospect, 2021. – 192 p.
3. Kibalnik A. G., Volosyuk P. V. Artificial Intelligence: Issues of Criminal Law Doctrine Awaiting Answers // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4. – P. 173-178.
4. Morhat P. M. Legal Capacity of Artificial Intelligence in the Sphere of Intellectual Property Law: Civil Law Issues: Abstract of Dis. Doctor of Law. – M.: Russian State Academy of Intellectual Property, 2018. – 48 p.
5. Mosechkin I. N. Artificial Intelligence in Criminal Law: Prospects for Improving Protection and Regulation. – Kirov: Vyatka State University, 2020. – 111 p.
6. Ponomareva E. V. Subjects and quasi-subjects of law: theoretical and legal problems of delimitation: author’s abstract. dis. … candidate of legal sciences. – Yekaterinburg: Ural State Law University, 2019. – 32 p.
7. Russkevich E. A. Differentiation of responsibility for crimes committed with the use of information and telecommunication technologies, and problems of their qualification: author’s abstract. dis. … doctor of legal sciences. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2020. – 52 p.
CRIMINAL LAW
MAMEDOV Tamiz Saleh oglu
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
ANALYSIS OF THE CORPUS DELICTI FOR NON-COMPLIANCE WITH SAFETY REGULATIONS DURING THE CONSTRUCTION OR DEMOLITION OF BUILDINGS (STRUCTURES) IN THE CRIMINAL LAW OF THE REPUBLIC OF AZERBAIJAN (REVIEW OF ARTICLE 222 OF THE CRIMINAL CODE OF THE REPUBLIC OF AZERBAIJAN)
The article analyzes the elements of the crime provided for in Article 222 of the Criminal Code of the Republic of Azerbaijan, concerning violations of safety rules during the construction or demolition of buildings. The study focuses on the importance of the construction sector in the economy of Azerbaijan and emphasizes the need to improve the legislative framework to ensure the safety of all participants in the construction process. The main elements of the elements of the crime and the measures of responsibility provided for violation of safety standards are considered, and shortcomings in the current legislation, such as the lack of financial sanctions and insufficient detailing of control mechanisms, are identified. The results of the study emphasize the need for an integrated approach to improving law enforcement practices and increasing safety at construction sites in order to minimize risks to the lives and health of workers.
Keywords: construction safety, elements of a crime, legal regulation, safety standards, construction sector, criminal liability, legislative gaps, law enforcement practice.
Article bibliography
1. State Statistical Committee of the Republic of Azerbaijan // Answer No. 3-34 / 2-459 / 02-2 / 2024.
2. Urban Planning and Construction Code of the Republic of Azerbaijan (Approved by the Law of the Republic of Azerbaijan dated June 29, 2012 No. 392-IVQ).
3. Civil Code of the Republic of Azerbaijan (approved by the Law of the Republic of Azerbaijan dated December 28, 1999 No. 779-IQ).
4. Kardanov R. N., Grabovoi K. P. Analysis of the causes of industrial injuries // Problemy Nauki. – 2017. – No. 22 (104). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-prichin-proizvodstvennogo-travmatizma (date of access: 20.12.2024).
5. Interstate Statistical Committee of the Commonwealth of Independent States. – [Electronic resource]. – Access mode: https://new.cisstat.org/azerbaijan (date of access: 12.12.2024).
6. Model Criminal Code. Recommended legislation for the Commonwealth of Independent States (as amended on November 16, 2006).
7. Legal system of Azerbaijan: Islamic traditions, European path. – [Electronic resource]. – Access mode: https://vestikavkaza.ru/analytics/pravovaya-sistema-azerbaydzhana-islamskie-traditsii-evropeyskiy-put.html // (date accessed: 12/15/2024).
8. Criminal Code of the Republic of Azerbaijan (Approved by the Law of the Republic of Azerbaijan dated December 30, 1999 No. 787-IQ) (Entered into force on September 1, 2000 in accordance with the Law of the Republic of Azerbaijan dated May 26, 2000 No. 886-IQ).
9. Criminal Code of the Republic of Azerbaijan (approved by the Law of the Republic of Azerbaijan dated December 30, 1999 No. 787-IQ).
10. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on 13.12.2024).
CRIMINAL LAW
PICHUGIN Sergey Andreevich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty, Faculty of Law, Vladimir Law Institute of the FPS of Russia
CRIMINAL LIABILITY FOR CREATION OF NON-PROFIT ORGANIZATIONS THAT INFRINGE ON THE PERSONALITY AND RIGHTS OF CITIZENS (ARTICLE 239 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): REGULATION AND LAW ENFORCEMENT
The relevance of the article is determined by the high degree of threat to the health of Russian citizens and modern Russian society emanating from various kinds of destructive religious or public associations. The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 239 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which establishes responsibility for the creation of a non‒profit organization that encroaches on the rights and freedoms of citizens, and the practice of its application. 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, including differentiation from other compositions, are considered. Examples from judicial practice of the application of art. 239 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: creation of a non-profit organization that encroaches on the rights and freedoms of citizens; religious association; public association; crime, the Criminal Code of the Russian Federation.
Article bibliography
1. Vorobyov V. V. Criminal-legal counteraction to crimes in the sphere of functioning of non-profit organizations: dis. … candidate of legal sciences. – Krasnodar, 2014. – 177 p.
2. Demidov A. V. Religious organizations of a destructive nature and the specifics of preventing their criminal activity by internal affairs bodies: dis. … candidate of legal sciences. – Moscow, 2010. – 246 p.
3. Dimitrova E. A. Criminal liability for organizing a religious association that infringes on the personality and rights of citizens: dis. … cand. jurid. sciences. – Krasnoyarsk, 2004. – 188 p.
4. Ermakova O. B. Organization of an association that infringes on the personality and rights of citizens: criminal-legal and criminological aspects: dis. … cand. sciences. – Rostov-on-Don, 2011. – 166 p.
5. Pilyavets V. V. Criminal liability for organizing and participating in associations that infringe on the personality and rights of citizens: dis. … cand. sciences. – Moscow, 1998. – 190 p.
6. Biremova A. A. Features of the object of criminal-legal protection as part of a crime under Article 239 of the Criminal Code of the Russian Federation // Modern law. – 2012. – No. 6. – P. 110-112.
7. Vorobyov V. V. Incitement to refuse to fulfill civic duties or to commit other illegal acts: criminal-legal significance in the crime provided for in Part 2 of Article 239 of the Criminal Code of the Russian Federation // Society and Law. – 2014. – No. 3 (49). – P. 340-343.
8. Mondokhonov A. Criminal liability for organizing an association that infringes on the personality and rights of citizens // Criminal law. – 2009. – No. 6. – P. 29-34.
9. Karpacheva T. S. The phenomenon of an organization that infringes on the personality and rights of citizens: general features (based on judicial practice) // Bulletin of the Moscow State Regional University. Series: Jurisprudence. – 2020. – No. 4. – P. 79-94.
10. Shalagin A. E., Idiyatullov A. D. Counteracting the Activities of Destructive Criminal-Oriented Organizations (Sects) That Infringe on the Personality and Rights of Citizens // International Journal of Humanities and Natural Sciences. – 2019. – No. 12-4 (39). – P. 169-174.
11. Shalagin A. E., Sidukova M. G. Features of the Qualification of Crimes Provided for in Article 239 of the Criminal Code of the Russian Federation (Creation of a Non-Commercial Organization Infringing on the Personality and Rights of Citizens) // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – Vol. 13, No. 3 (49). – P. 98-104.
12. Sharukha I. A. Problematic issues of criminal-legal counteraction to socially dangerous activities of non-profit organizations that infringe on the personality and rights of citizens // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 4. – P. 284-289.
13. Kosareva M. S. Problems of bringing to criminal liability for the creation of non-profit organizations that infringe on the personality and rights of citizens // Gavriil Romanovich Derzhavin – lawyer, statesman: a collection of scientific articles based on the results of the International scientific and practical conference dedicated to the 280th anniversary of the birth of Gavriil Romanovich Derzhavin. – Izhevsk, 2023. – P. 305-310.
14. Criminal law of the Russian Federation. Special section: textbook / I. V. Pikin, M. L. Prokhorova, N. A. Gorshkova [et al.]; edited by 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.
CRIMINAL LAW
RADCHENKO Anton Leonidovich
competitor, Academy of Law and Management of the FPS of Russia
FEATURES OF THE IMPLEMENTATION OF CRIMINAL LIABILITY FOR THE USE OF VIOLENCE AGAINST EMPLOYEES OF PLACES OF DEPRIVATION OF LIBERTY OR PLACES OF DETENTION
The article examines the problems of criminal law protection of employees of places of deprivation of liberty or detention from violence or the threat of its use in connection with the performance of official duties. Based on the materials of judicial practice, the specifics of the threat of the method of committing a crime are assessed. The current and original versions of Article 321 of the Criminal Code of the Russian Federation are compared and analyzed. The article substantiates the attribution of employees of places of deprivation of liberty or detention to representatives of the authorities and the need to improve the current criminal legislation.
Keywords: an employee of a place of deprivation of liberty, an employee of a place of detention, an employee of the penal enforcement system, violence, threat, a representative of the authorities, disorganization of the activities of institutions.
Article bibliography
1. Grishko A. Ya., Grishko N. A. Penitentiary recidivism: criminological and administrative-legal justification // Administrative law and process. – 2023. – No. 7. – P. 66-69.
2. Kazakova V. A. Problems of qualification of crimes against health: monograph. – M .: RUSAINS, 2018. – 436 p.
3. Karlov I. V. Main criminological indicators and trends of penitentiary crime // Russian Law Journal. – 2022. – No. 5.
4. Official website of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https//мвд.рф/folder/101762 (date of access: 12/11/2024).
5. Ivantsov S. V., Drozdov D. E. Use of violence against a law enforcement official (domestic and foreign models of prevention): monograph. – Kaluga: KSU named after K. E. Tsiolkovsky, 2022. – 173 p.
CRIMINAL LAW
STEPAKOV Dmitriy Alexandrovich
adjunct, Faculty of Training Scientific and Scientific-Pedagogical Personnel, V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ISSUE OF USING INFORMATION ABOUT A CRIME TREATED AT THE STAGE OF INITIATION OF A CRIMINAL CASE IN PROVING
The article examines the issues of the evidentiary value of information about a crime obtained at the stage of initiation of a criminal case, taking into account the availability of the investigator, in the case of an inquiry in an abbreviated form, the right not to interrogate persons from whom explanations were previously received. The question of the relationship between explanations and testimony is considered separately.
Keywords: stage of initiation of a criminal case, information about a crime, inquiry in an abbreviated form, assessment of evidence, subject of proof, interrogation, testimony, explanations.
Bibliographic list of articles
1. Grishin A. I. On the problem of proof in criminal cases with an abbreviated form of inquiry // Modern problems of criminalistics and forensic examination: Materials of the IV All-Russian scientific and practical conference, Saratov, March 23, 2016. Saratov: Publishing house “Saratovsky Istochnik”, 2017. Pp. 9-13.
2. Michurina O. V. Khimicheva O. V. Problems of assessing evidence during an abbreviated form of inquiry // Investigation of crimes: problems and ways of their solutions. 2016. No. 1 (11). P. 112-115.
3. Sumin A. A. Abbreviated inquiry: stillborn child of criminal procedure reformers // Advocate. 2013. No. 10. // SPS “Consultant Plus”: website. [Electronic resource]. – Access mode: http://www.consultant.ru
CRIMINAL PROCEEDINGS
BAYCHOROVA Fatima Khatokhovna
Ph.D. in Law, associate professor of the HAC, associate professor of Criminal law disciplines sub-faculty, Institute of Law, North Caucasus State Academy, Cherkessk, lawyer of the Karachay-Cherkess Republican Bar Association
TO THE QUESTION OF PROVING IN CRIMINAL PROCEEDINGS
The article deals with proving and evidence in domestic criminal proceedings. The relevance of the article lies in the fact that evidence in criminal proceedings has always caused lively discussions among scientists and practitioners. The work examines various scientific approaches to the definition of proof. A brief history of the formation of the domestic system of evidence is described, and types of evidence are determined, questions about the relationship of evidence and the purpose of proof are considered. Issues of competition and equality of the parties are touched upon. A brief description of the types of evidence is given.
Keywords: proving, evidence, collecting, checking, evaluation, testimony, interrogation, expert opinion, testimony of the victim, testimony of the suspect, testimony of the witness.
Bibliographic list of articles
1. Grigoriev V. N., Pobedkin A. V., Yashkin V. N. Criminal procedure: textbook. – M., 2005. – P. 45.
2. Grudinin I. A. Means of evidence in criminal proceedings: system, content, epistemological aspects: author’s abstract. dis. … candidate of legal sciences. – Ekaterinburg, 2012. – P. 21.
3. Lubin S. A. Formation of a system of incriminal evidence in criminal cases on crimes related to the illegal trafficking of narcotic drugs and psychotropic substances: author’s abstract. dis. …cand. legal Sci. – Nizhny Novgorod, 2006. – P. 4.
CRIMINAL PROCEDURE
BATCHAEVA Aminat Alkhazovna
senior lecturer, North Caucasus State Academy, Cherkessk
TYPES OF CONCILIATION PROCEDURES IN CRIMINAL PROCEEDINGS IN RUSSIA
At present, in the Russian criminal procedure law, there is a wide introduction of conciliation procedures of various nature. Such practice, having a large number of positive procedural opportunities, can lead to the opposite result in the form of unjust procedural decisions. In order to objectify the assessment of conciliation procedures, the article provides a doctrinal analysis of their classification on the basis of various criteria. A detailed and scientifically grounded classification of conciliation procedures, in our opinion, is able to focus on the existing problems and conflicts in law enforcement practice, with a view to its further improvement.
Keywords: criminal proceedings, criminal process, conciliation procedures, cases of private prosecution, cases of private-public prosecution, cases of public prosecution.
Article bibliographic list
1. Batchaeva A. A. Mediation as a type of reconciliation in criminal cases // Transformation of law and law enforcement in the context of the development of digital technologies in Russia, the CIS countries and the European Union: problems of legislation and social efficiency: materials of the VIII International scientific and practical conference of teachers, practitioners, students, master’s students, postgraduate students, applicants: Collection of scientific articles / Edited by N. T. Razgeldeev et al. – Saratov: Saratov source, 2021. – P. 33-36.
2. The Head of the Supreme Court: proposes to introduce the concept of “criminal misdemeanor” into the law // Rossiyskaya Gazeta. – 2020. – October 13. – No. 231 (8285).
3. Kuvaldina Yu. V. Prerequisites and prospects for the development of compromise methods for resolving criminal-legal conflicts in Russia: author’s abstract. diss. candidate of legal sciences. – Samara, 2011. – P. 7.
4. Kulikov V. Up to 17% of criminal cases on minor crimes are terminated due to reconciliation of the parties // RG. – 2021. – April 12.
5. Piyuk A. V. Theoretical foundations of simplification of forms of resolution of criminal cases by the court in the Russian Federation: typological aspect: author’s abstract. diss. … doctor of legal sciences. – Tomsk, 2017. – P. 11.
6. Russian legislation of the 10th–20th centuries: in 9 volumes / Under the general editorship of O. I. Chistyakov. – M., 1984. – Vol. 1: Legislation of Ancient Rus. – P. 334.
CRIMINAL PROCEEDINGS
VNUKOVA Diana Rafikovna
Ph.D. in Law, associate professor of Criminal process sub-faculty, St. Petersburg University of the MIA of Russia
ON THE ISSUE OF BRINGING A PERSON AS AN ACCUSED
The article discusses the problematic aspects arising from involving a person as a defendant and identifies ways to resolve them. The author analyzes the essence and significance of the conditions, grounds, and procedure for involving a person as a defendant. Special attention is paid to the issues of the defendant exercise of their powers at the stage of the preliminary investigation. An analysis of the criminal procedural legislation regarding the involment of a person as a defendant is conducted.
Keywords: criminal procedure law, preliminary investigation, defendant, accusation, procedural action, judicial, proceedings.
Article bibliography
1. Efremova N. P., Kalnitsky V. V. Involvement as an accused: a teaching aid. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia. 2015. – P. 5.
2. Course of criminal procedure / Ed. by D.Sc. (Law), prof. L. V. Golovko. – 2nd ed., corrected. – M.: Statut, 2017. – P. 438.
3. Tokareva E. V., Khorsheva V. S. Features of the prosecutor’s activities in the pre-trial stages of criminal proceedings in Russia // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (56). – P. 143.
CRIMINAL PROCEDURE
ISAIBOVA Sabrina Abukarovna
senior lecturer of Criminal process and criminalistics sub-faculty, Dagestan State University, Makhachkala
SYNERGY OF TECHNOLOGY AND LAW: THE PROSPECT OF USING ARTIFICIAL INTELLIGENCE IN THE CRIMINAL PROCESS OF RUSSIA
The article discusses the prospects for the use of artificial intelligence (AI) in the criminal process of Russia. The potential benefits of using AI to improve the effectiveness of law enforcement are analyzed, such as automation of routine tasks, analysis of big data and identification of hidden patterns. At the same time, the challenges and risks associated with the introduction of AI are discussed, including issues of transparency and explicability of decisions, respect for human rights and ethical dilemmas. The author explores the need to adapt criminal procedure legislation to the realities of the digital age and suggests possible ways to synthesize technological innovations and legal principles to build a fair and effective criminal justice system.
Keywords: artificial intelligence, digitalization of justice, big data, transparency, electronic justice.
Article bibliographiclist
1. The concept of development of machine-readable law technologies (approved by the Government Commission on Digital Development, Use of Information Technologies to Improve the Quality of Life and Conditions for Doing Business, Protocol dated September 15, 2021 No. 31) // SPS “ConsultantPlus”.
2. Mezentsev I. V. What is the electronic judge thinking? // Criminology: yesterday, today, tomorrow. – 2019. – No. 1. – P. 55.
3. Koni A. F. Criminal procedure: moral principles. – M .: Saratov State University, 2008. – P. 6.
4. Khimicheva O. V. Development of criminal procedural evidence in the context of digital transformation // State scientific and technical policy in the field of forensic support of law enforcement activities: Proceedings of the International scientific and practical conference: Collection of scientific articles. In 2 parts. Part 2. – M.: Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 189.
CRIMINAL PROCEDURE
KLISHIN Vladimir Valentinovich
senior lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
SPECIFICITY OF INVESTIGATION OF CRIMES IN THE FORM OF INQUIRY: IN GENERAL AND ABBREVIATED ORDER
The article examines the essence and forms of inquiry in the criminal process of the Russian Federation. Special attention is paid to the investigation of crimes in the form of an inquiry, which does not require lengthy and complex investigative actions. The article examines the features and disadvantages that give rise to certain procedural problems and conflicts in law enforcement practice. Solving problems requiring improvement of legislation, including by clarifying the norms of the Code of Criminal Procedure of the Russian Federation.
Keywords: investigation of crimes, the form of the investigation, preliminary investigation, inquiry, criminal case, The Code of Criminal Procedure.
Article bibliography
1. “Code of Criminal Procedure of the Russian Federation” dated 18.12.2001 No. 174-FZ (as amended on 02.10.2024). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34481/ (date accessed: 26.10.2024).
2. Gerasenkov V. M. Models of expedited pre-trial proceedings in Russian criminal proceedings: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2020. – P. 97.
3. Differentiation of types of inquiry: law, doctrine, practice // Criminal proceedings: in 3 volumes / M. P. Polyakov, N. N. Kovtun, Yu. V. Frantsiforov [et al.]. – 2nd ed., corrected. and add. – Moscow: Yurait, 2019. – Vol. 2. – 305 p. – ISBN 978-5-534-09053-6.
4. Michurina O. V. The concept of inquiry in the criminal process of the Russian Federation and the problems of its implementation in the internal affairs bodies. – Moscow: MosU MVD of Russia named after V. Ya. Kikot, 2008. – 376 p.
5. Inquiry in the internal affairs bodies: a textbook and practical training for universities / A. S. Esina, E. N. Arestova, O. E. Zhamkova. – 2nd ed., revised. and additional – Moscow: Yurait, 2019. – 170 p. – ISBN 978-5-534-15775-8.
CRIMINAL PROCEDURE
KOZLOV Vyacheslav Viktorovich
senior lecturer of Criminal process sub-faculty, Barnaul Law Institute of the MIA of Russia
ISSUES OF DETAINING A SUSPECT IN MODERN REALITIES
The article discusses issues related to the use of such a measure of procedural coercion as the detention of a suspect during a preliminary investigation. The author analyzed problematic aspects related to the calculation of periods of detention, including in military conditions. The moment of occurrence of a procedural crime in connection with the detention of a person is determined. Issues regarding the termination of this status in the event of the release of a detainee on suspicion of committing a crime are being considered. The need to improve the legal regulation of the institution of detention and law enforcement practice is pointed out.
Keywords: detention of a suspect, measure of procedural coercion, stage of investigation, period of detention, procedural status of the suspect.
Article bibliography
1. Arestova E. N., Sharapova E. V., Borbat A. V. Problems of legal regulation of detention of a suspect // Russian investigator. – 2023. – No. 6. – P. 11-14.
2. Barygina A. A. Detention of a person declared wanted: problems of theory and practice // Russian justice. – 2024. – No. 1. – P. 28-34.
3. Vasiliev O. L. Institute of detention: problems of interpretation of the norms of the Criminal Procedure Code of Russia // Laws of Russia: experience, analysis, practice. – 2024. – No. 3. – P. 32-36.
4. Denisova S. Yu. Detention of a suspect – factual and procedural. Judicial control over its legality // Russian investigator. – 2010. – No. 16. – P.6-8.
5. Orlova A. A. Compliance with the terms of detention of a suspect under martial law // Magistrate. – 2024. – No. 6. – P. 14-19.
6. Safronov D. M. Features of the use of detention under martial law // Russian investigator. – 2024. – No. 8. – P. 11-15.
7. Khimicheva O. V., Sharov D. V. Some aspects of ensuring the rights of a person when detained on suspicion of committing a crime // Laws of Russia: experience, analysis, practice. – 2018. – No. 5. – P. 56-61.
CRIMINAL PROCEDURE
KULCHAROVA Albina Vladimirovna
Ph.D. in Law, lecturer of Criminal process sub-faculty, Educational and Scientific Complex on Preliminary Investigation in the DIA, Volgograd Academy of the MIA of Russia
MONETARY PENALTY AS ANOTHER MEASURE OF PROCEDURAL COERCION IN PRE-TRIAL PROCEEDINGS IN RUSSIA
The article considers the institution of applying a measure of procedural coercion in the form of monetary punishment. Attention is drawn to the shortcomings in the legal regulation of this institution, which do not allow for the widespread use of monetary penalties at the pre-trial stage of criminal proceedings. The author substantiates the need for a more substantive normative prescription of the obligations of participants in the criminal process and responsibility for their non-fulfillment, as well as a revision of the procedure for imposing monetary penalties.
Keywords: measure of procedural coercion, monetary penalty, protocol on violation, investigator, inquirer, pre-trial proceedings.
Article bibliography
1. Kashtanova N. S. On some aspects of the application of monetary punishment as another measure of criminal procedural coercion: theory, practice, foreign experience // Russian judge. – 2024. – No. 4. – P. 30-34.
2. Esina A. S., Makeeva N. V., Borbat A. V. Activities of the investigator in applying a coercive measure in the form of a monetary penalty to participants in criminal proceedings // Russian investigator. – 2021. – No. 3. – P. 21-25.
3. Kuzovenkova Yu. A. Monetary penalty in the system of measures of criminal procedural liability: Abstract of Cand. of Law. Sciences. – Samara, 2009. – 19 p.
CRIMINAL PROCEDURE
LUKYANCHIKOVA Viktoriya Viktorovna
lecturer of Criminal process sub-faculty, I. D. Putilin Belgorod Law Institute of MIA of Russia
ON THE ISSUES OF THE USE OF COERCION AND THE POSSIBILITY OF SEIZURE OF OBJECTS OF EVIDENTIARY VALUE DURING THE EXAMINATION
The achievement of the purpose of criminal proceedings depends on the legality and quality of the investigative and procedural actions carried out. The article considers problematic issues related to the possibility of using coercion during the examination and the possibility of seizing objects and objects with evidentiary information for the disclosure and investigation of a crime. As part of the consideration of these aspects, the author analyzes some provisions of the criminal procedure legislation concerning the procedural order and the possibility of using coercion in the framework of the examination, taking into account the procedural status of the person being examined. An attempt has been made to substantiate and define the boundaries of the use of coercion, and a proposal has been formulated to ensure guarantees for the protection of individual rights within the framework of compulsory examination. The issue of legality and expediency of the seizure of objects and objects during the examination is also considered.
Keywords: compulsory examination, guarantees of personal rights in the course of investigative actions, seizure of objects and objects during the examination.
Bibliographic list of articles
1. Vasilyeva E. G. Problems of limiting personal immunity in criminal proceedings: dis. …cand. legal Sci. – Ufa, 2002. – P. 120.
2. Moskalkova T. N. Ethics of criminal procedural proof (stage of preliminary investigation). – M., 1996. – P. 165.
3. Stepanov V. V, Galushkin V. I. Procedural and forensic aspects of the production of examination in criminal proceedings // Bulletin of the Saratov State Law Academy. – 2016. – No. 6 (113). – P. 137, 141.
4. Mokhov A. A. Institute of examination in domestic criminal proceedings // Bulletin of the University named after O. E. Kutafin. – 2023. – No. 6 (106) – P. 182.
CRIMINAL PROCEDURE
MAGOMEDBAKIROV Shamil Magomedovich
magister student of Criminal process and criminology sub-faculty, Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
Senior Lecturer of Criminal processand criminology sub-faculty, Dagestan State University, Makhachkala
PROBLEMS OF OVERCOMING THE PROCEDURAL INEQUALITY OF DEFENSE AND PROSECUTION
The article is devoted to the analysis of the problems of procedural inequality between the defense and the prosecution. It examines the key aspects of the imbalance of rights and opportunities of the parties that affect the fairness of the trial. The causes of such inequality are under investigation, including the difference in the amount of resources, access to information and the peculiarities of the legal status of the participants in the process. The author suggests ways to optimize criminal procedure legislation and the practice of its application in order to ensure equal opportunities for defense and prosecution, emphasizing the importance of a balance between the effectiveness of crime investigation and guarantees of individual rights.
Keywords: procedural inequality, defense, prosecution, adversarial nature of the parties, presumption of innocence.
Article bibliography
1. Definition of the Constitutional Court of the Russian Federation of 04.11.2004 No. 430-O “On the complaint of citizen Olga Vasilievna Starovoitova about the violation of her constitutional rights by paragraph 1 of part two of article 42, part eight of article 162 and part two of article 198 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”.
2. Golovko L. V. Course of criminal procedure. 2nd ed., corr. – M.: Statut, 2017. – P. 369.
3. Mikheeva M. A. Favor defensionis and its manifestation in modern criminal proceedings: author’s abstract. dis. … candidate of legal sciences: 12.00.09. – M., 2012. – P. 10.
4. Kuzmina O. V. Features of proof in criminal cases in adversarial proceedings // Bulletin of Ivanovo State University. Series: natural, social sciences. – 2008. – No. 3. – P. 148-157.
5. Darbandi D. S. Favor of the defense as a condition for ensuring equality of the parties in criminal proceedings // Evolution of Russian law. Proceedings of the XIX International Scientific Conference of Young Scientists and Students. Ural State Law University. – Ekaterinburg, 2021. – pp. 1367-1373.
CRIMINAL PROCEDURE
NEVSKIY Ruslan Emilevich
Ph.D. in Law, senior lecturer of Criminal law and criminology sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
OGRISKO Polina Andreevna
postgraduate student, North Caucasus Social Institute, Cherkessk
UNDERSTANDING OF LOOTING IN THE RUSSIAN DOCTRINE OF CRIMINAL LAW
The article examines the main doctrinal positions regarding looting, criminalized in 2022 as a crime against the peace and security of mankind. The authors note that in the doctrine this step of the legislator was recognized as timely and justified. Conclusions are also made on the main points of view expressed in the science of criminal law regarding the essence and some characteristics of this crime.
Keywords: looting, crimes against the peace and security of mankind, crimes against military service, doctrine of criminal.
Article bibliographic list
1. Artemenko N. N. Criminalization of looting: a step back or forward to the future // Military Law Journal. – 2023. – No. 2. – P. 37-40.
2. Bezborodov D. A., Somko V. V. Looting: features of the object and the objective side of the crime // Criminologist. – 2024. – No. 2. – P. 19-25.
3. Vishnevetsky K. V., Kashkarov A. A., Rudik M. V. Looting: a new criminal-legal interpretation // Bulletin of Economic Security. – 2023. – No. 2. – P. 25-30.
4. Vlasenko V. V. Criminal liability for looting // Legality. – 2023. – No. 9. – P. 37-43.
5. Kibalnik A. G. “Resuscitation” of looting in criminal law // Russian investigator. – 2024. – No. 1. – P. 64-68.
6. Lobach D. V. Criminal-legal characteristics of looting as a crime against peace and security of mankind in the Russian criminal legislation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2023. – No. 1. – P. 53-61.
7. Lopatina T. M. Looting: a new legislative reading of the crime // Military Law Journal. – 2022. – No. 12. – P. 13-15.
8. Nikonovich S. L., Tishchenko A. O. Problems of qualification of looting in the context of a special military operation and a state of emergency // Military Law. – 2024. – No. 4. – P. 163-168.
9. Pleshakov AM, Shkabin GS Qualification of looting and its distinction from other crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 1. – P. 39-44.
10. Shumikhin VG, Strukov AV Looting: new regulation in the Criminal Code of the Russian Federation // Union of criminologists and criminologists. – 2023. – No. 3. – P. 52-56.
CRIMINAL PROCEDURE
SINKEVICH Veronika Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal process sub-faculty of the Educational and Scientific Complex on the Preliminary Investigation in the DIA, Volgograd Academy of the MIA of Russia
SHEVCHUK Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal Law, criminal process and criminalistics sub-faculty, Volgograd Institute of Management (branch), Russian Academy of National Economy and Public Administration under the President of the Russian Federation
ANALYSIS OF THE ACTIVITIES OF THE APPELLATE COURT IN DECLARING EVIDENCE INADMISSIBLE (BASED ON MATERIALS OF JUDICIAL PRACTICE IN CRIMINAL CASES)
The scientific article analyzes the results of studying the judicial practice of the appellate instance with a view to the court’s assessment of evidence presented by the parties to criminal proceedings at court hearings of the first and second instances from the point of view of their admissibility and legal possibility of use in criminal proceedings when resolving criminal cases, as well as reviewing court decisions, have not entered into legal force. Based on the results of the study, a conclusion is drawn about the types of inadmissible evidence that are most often recognized as such by the appellate court.
Keywords: assessment of evidence, evidence, inadmissible evidence, appellate court, legality, process of evidence, judicial proceedings.
CRIMINAL PROCEDURE
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty, St. Petersburg Institute (branch), All-Russian University of Justice (RLA of the Ministry of Justice of Russia)
KHORSHEVA Valentina Sergeevna
Ph.D. in Law, associate professor, associate professor of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
INTERROGATION OF THE ACCUSED: PROBLEMS AND WAYS TO RESOLVE THEM
The article examines the problematic aspects that arise during the interrogation of the accused and identifies ways to solve them. The authors analyzed the issues of the accused exercising his rights and powers during interrogation. The authors revealed the procedural, forensic, organizational, psychological and ethical aspects of the interrogation of the accused. The authors pay attention to the basis and procedure of the interrogation, preparation for its conduct, recording of the course and results of the interrogation.
Keywords: criminal procedure law, preliminary investigation, interrogation, accused, investigative action, judicial proceedings.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 “On Certain Issues of the Application by Courts of the Constitution of the Russian Federation in the Administration of Justice” (as amended on February 6, 2007, April 16, 2013) // SPS ConsultantPlus, 2024.
2. Kobelkov S. N., Zudilova L. A. Features of the Implementation of the Rights of the Accused in the Context of Differentiation of Modern Criminal Procedure // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (37). – pp. 85-88.
CRIMINAL PROCEDURE
TOROVKOV Alexey Alexandrovich
Deputy Head of Criminal process sub-faculty, Barnaul Law Institute of the MIA of Russia
FEATURES OF THE SUSPENSION OF A CRIMINAL CASE ON THE GROUNDS PROVIDED FOR IN PARAGRAPH 3.1 OF PART 1 OF ARTICLE 208 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
This article is devoted to the analysis of the norms of Federal Law No. 64-FZ dated 03/23/2024 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation” concerning the “new” grounds for suspending a criminal case. The author generally positively evaluates the adoption of amendments to the criminal procedure legislation and suggests a specific algorithm of actions of the investigator (inquirer) in case the suspect or accused expresses a desire to suspend the criminal case in connection with contract during mobilization or during wartime into the Armed Forces of the Russian Federation or the conclusion of a contract during these periods. The article analyzed the changes concerning the suspension of a criminal case on the grounds provided for in paragraph 3.1 of Part 1 of Article 208 of the Criminal Procedure Code of the Russian Federation and possible algorithms for the actions of officials conducting a preliminary investigation in a criminal case.
Keywords: special military operation, suspension of the criminal case, conclusion of the contract, the petition of the command of the military unit.
Article bibliography
1. Kalinovsky K. B. What to consider when releasing participants of the special military operation from liability // Criminal procedure. – 2023. – No. 11. – P. 32-33.
2. Klimanova O. V. Voluntary nature of the conclusion of a pre-trial cooperation agreement as a condition for its legitimacy // Legal Bulletin of Samara University. – 2015. – No. 3. – P. 132-138.
3. Nuriev I. N., Shveiger A. O. New rules for termination of criminal prosecution and release from criminal liability in relation to a person involved in a special military operation: issues of theory and practice // Criminal law. – 2024. – No. 6. – P. 76-84.
4. Torovkov A. A., Konovalov A. Yu. Procedural procedure for termination of criminal prosecution (criminal case) against a person involved in a special military operation: algorithm of actions of preliminary investigation bodies // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 330-333.
5. Federal Law of 23.03.2024 No. 64-FZ “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” // Official Internet Portal of Legal Information, 24.11.2024. – [Electronic resource]. – Access mode: www.pravo.gov.ru.
CRIMINAL PROCEDURE
TERENTJEV Andrey Viktorovich
Head of Operative and investigative disciplines sub-faculty, Lugansk branch, Voronezh Institute of the MIA of Russia
ANDRIENKO Veronika Andreevna
cadet of the 4th course of the L21B1 training platoon, Faculty of Training Specialists in Higher Education Programs, Lugansk branch, Voronezh Institute of the MIA of Russia
LEGAL REGULATION OF PREVENTION OF OFFENSES IN OPERATIONAL AND INVESTIGATIVE ACTIVITIES
The article is devoted to the study of some problems of participation of operative officers in crime prevention. The legislation provides for the prevention of crimes, but the law does not contain the means of solving this problem in the form of grounds for conducting operational-search activities. The ways of solving this legal problem by introducing into operative-search activity and fixing the system of early prevention at the legislative level are proposed.
Keywords: operational and investigative activity, prevention, preventive measures, crime, early warning system.
Article bibliography
1. Constitution of the Russian Federation: [adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020]. – Text: electronic // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 20.10.2024).
2. Federal Law of June 23, 2016 No. 182-FZ “On the Fundamentals of the Crime Prevention System in the Russian Federation” – Text: electronic // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: https://base.garant.ru/71428030 (date of access: 20.10.2024).
3. Federal Law of August 12, 1995 No. 144-FZ “On Operational Investigative Activities” – Text: electronic // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: https://legalacts.ru/doc/federalnyi-zakon-ot-12081995-n-144-fz-ob/?ysclid=m2sl4gcuii639124075 (date of access: 20.10.2024).
4. Belkin R. S. To the readers of the Russian edition of the “Criminalistics Dictionary” // Criminological Dictionary: trans. from Germ. / Responsible. ed. V. Burghard [et al.]. – M., 1993. – 372 p.
5. Sulimanov A. Kh. Operational-search prevention of crimes: concept, preventive approaches and directions // Academic thought. – 2024. – No. 1 (26). Text: electronic. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/operativno-rozysknoe-preduprezhdenie-prestupleniy-ponyatie-profilakticheskie-podhody-i-napravleniya (date of access: 20.10.2024).
6. Yakimov I. N. Forensic Science. Guide to Criminal Technique and Tactics. Reprinted from ed. 1925 – M., 2003. – 352 p.
CRIMINAL PROCEDURE
DRANICHNIKOVA Natalia Vladimirovna
senior lecturer of Criminal law disciplines sub-faculty, Institute of Law, Chelyabinsk State University
THE INSTITUTE OF PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS IN RUSSIA AND FOREIGN COUNTRIES: GENERAL AND SPECIAL
Based on a comparative legal analysis, the article examines the features of the legal regulation of the institution of procedural costs in criminal proceedings in Russia and foreign countries of various legal families. The purpose of the study is to identify similarities and differences in the regulation of compensation and recovery of procedural costs and to identify areas for improving domestic criminal procedure legislation. Using general scientific and private scientific methods of cognition, the author comes to the conclusion about the unification of legislation in matters related to reimbursement of expenses, in particular, to persons assisting in the administration of justice. In conclusion, the author points out the need to generalize and use foreign experience in domestic legislation in the following areas: expanding the list of procedural costs, specifying ways to pay them, setting the statute of limitations, improving the procedure for recovery in criminal proceedings.
Keywords: procedural costs, criminal proceedings, legal institution, criminal proceedings of foreign countries, comparative law.
Bibliographic list of articles
1. Bagautdinov F.N. Public and personal interests in Russian criminal proceedings and guarantees of their provision during the preliminary investigation: Author’s abstract. dis. … doc. jurid. sciences. – M., 2004. – 56 p.
2. Bychkov A. N. Participation of a teacher in criminal proceedings: dis. … candidate of legal sciences. – Izhevsk, 2007. – 227 p.
3. Gridyushko P. V., Sukhovenko N. A. Legal regulation of reimbursement of expenses caused by the performance of their duties by experts and specialists in criminal proceedings requires improvement // Justice of Belarus. – 2015. – No. 9. – P. 38-42.
4. Dranichnikova N.V. Procedural costs as a concept, category and legal institution in criminal proceedings // Eurasian Law Journal. – 2022. – No. 3 (166). – P. 314-315.
5. Zelenin S. R. On the powers of the court in deciding the issue of distributing procedural costs // Russian Justice. – 2021. – No. 2. – P. 33-35. – DOI: 10.18572/0131-6761-2021-2-33-35.
6. Treasurer I. V. Use of technical means of communication in criminal proceedings (ways to improve): dis. … candidate of legal sciences. – Volgograd, 2014. – 256 p.
7. Kaminsky E. S., Burganov R. S., Bikmiev R. G. Procedural costs in criminal proceedings: textbook. manual. – M.: RGUP, 2024. – 160 p.
8. On some issues of reimbursement of expenses to persons incurred in criminal proceedings: Resolution of the Government of the Republic of Kazakhstan dated October 9, 2014 No. 1070. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/-?doc_id=31617097&pos=5;-108#pos=5;-108 (date accessed: 15.10.2024).
9. On the procedure and amount of reimbursement of procedural costs associated with criminal proceedings, costs in connection with the consideration of a case by an arbitration court, a civil case, an administrative case, as well as costs in connection with the fulfillment of the requirements of the Constitutional Court of the Russian Federation and on the recognition of certain acts of the Council of Ministers of the RSFSR and the Government of the Russian Federation as invalid (together with the “Regulation on reimbursement of procedural costs associated with criminal proceedings, costs in connection with the consideration of a case by an arbitration court, a civil case, an administrative case, as well as costs in connection with the fulfillment of the requirements of the Constitutional Court of the Russian Federation”): Resolution of the Government of the Russian Federation of 01.12.2012 No. 1240 // Rossiyskaya Gazeta. – 2012. – December 07. – No. 283.
10. Criminal Procedure Code of the Public and Revolutionary Courts of the Islamic Republic of Iran / Scientific. ed. by Doctor of Law, prof. N. G. Stoyko, introduction and translation by P. A. Guseynova. St. Petersburg, 2016. – 148 p.
11. Criminal Procedure Code of the Republic of Belarus of July 16, 1999 No. 295-Z. [Electronic resource]. – Access mode: http://online.-zakon.kz/document/?doc_id=30414958 (date accessed: 10.01.2024).
12. Criminal Procedure Code of the Federal Republic of Germany. – Strafprozessordnung (StPO): scientific and practical commentary and translation of the text of the law / Ed. P. Golovnenkov, N. Spica. – Potsdam: Universitätsverlag Potsdam, 2012. – 404 p.
13. Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V. [Electronic resource]. – Access mode: http://online.-zakon.kz/m/document/?doc_id=31575852 (date accessed: 24.07.2023).
14. Criminal Procedure Code of the Kyrgyz Republic dated October 28, 2021 No. 129. [Electronic resource]. – Access mode: https://online.-zakon.kz/Document/?doc_id=36639004 (date accessed: 10.04.2024).
15. Criminal Procedure Code of the Republic of Singapore dated August 31, 2012 [Electronic resource]. – Access mode: https://sso.agc.gov-.sg/Act/CPC2010?ProvIds=P1XVIII-#pr355 (date of access: 27.07.2021).
16. Shinkaruk V. M., Dechert A. A. The burden of reimbursement of procedural costs in criminal proceedings in the Federal Republic of Germany: features of legal regulation // Legal Concept = Legal paradigm. – 2024. – Vol. 23, No. 2. – P. 171-176. – DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.22.
17. Yakubina Yu. P. The procedure for distributing proceduralcosts in criminal proceedings: issues of theory and practice // Advocacy practice. – 2019. – No. 1. – P. 59-63.
CRIMINAL PROCEDURE
MAGOMEDBAKIROV Shamil Magomedovich
magister student of Criminal process and criminology sub-faculty, Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
Senior Lecturer of Criminal process and criminology sub-faculty, Dagestan State University, Makhachkala
ETHICS AND LIMITS OF LAWYER’S INDEPENDENCE IN CRIMINAL PROCEEDINGS
The article examines the complex relationship between ethical principles and the limits of a lawyer’s independence in criminal proceedings. The dilemmas faced by the defender, who is forced to balance between the interests of the client, the requirements of the law and professional ethics, are analyzed. The boundaries of acceptable behavior of a lawyer are explored, including issues of confidentiality, interaction with other participants in the process and the permissibility of using various defense tactics.
Keywords: lawyer ethics, lawyer’s independence, limits of protection, criminal procedure, attorney-client privilege (confidentiality).
Article bibliography
1. Advocacy and advocacy: a textbook for bachelor’s and specialist degrees / A. A. Klishin [et al.]; edited by A. A. Klishin, A. A. Shugaev. – M., 2018. – P. 204-205.
2. Yuryev S. S. Advocacy in Russia: a textbook for the academic bachelor’s degree. – M., 2019. – 452 p.
3. Advocacy and the Bar in Russia in 2 Parts. Part 1: a textbook for the academic bachelor’s degree / I. L. Trunov [et al.]; edited by I. L. Trunov. – M., 2019. – 218 p.
4. Advocacy and the Bar in Russia in 2 Parts. Part 2: a textbook for the academic bachelor’s degree / I. L. Trunov [et al.]; edited by I. L. Trunov. – M., 2019. – 218 p.
5. Advocacy Investigation in Criminal Proceedings. Theoretical and Methodological Foundations of the Doctrine of Advocacy Investigation: monograph / Ed. E. G. Martynchik. – M., 2009. – 258 p.
CRIMINAL PROCEDURE
OSTAPENKO Maksim Vitaljevich
postgraduate student of Judicial activity and criminal process sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg, attorney at the Bar Association of St. Petersburg
OBJECTIVE LIMITS OF JUDICIAL DISCRETION IN THE DOMESTIC CRIMINAL PROCEDURE
The article examines the concept and types of objective limits of judicial discretion in Russia’s criminal procedure. It discusses constitutional, international legal, and normative limits, evaluative concepts, and case materials as key frameworks constraining judicial freedom. The necessity of ensuring legality, fairness, and predictability of decisions through the application of normative and precedent-based provisions is emphasized.
Keywords: judicial discretion, objective limits of discretion, normative provisions, criminal procedure.
Article bibliography
1. Berezina A. A. Limits of law enforcement discretion: diss. … candidate of legal sciences. – N. Novgorod, 2007.
2. Berg L. N. Judicial discretion and its limits: general theoretical aspect: diss. … candidate of legal sciences. – Ekaterinburg, 2008.
3. Papkova O. A. Discretion of the court. – M.: Statut, 2005.
4. Korablina O. V. Discretion in law enforcement activity (general theoretical and moral-legal aspects): diss. …cand. legal Sci. – Saratov, 2009.
CRIMINAL PROCEDURE
SIDOROVA Natalya Olegovna
postgraduate student, Diplomatic Academy of the MFA of Russia, employee of NCB of Interpol of the MIA of Russia
USE OF GENETIC DATA IN CRIMINAL PROCEEDINGS
The article considers genetic data as an auxiliary tool in criminal proceedings. The world is not standing still, and unfortunately with the development of various technologies, crime is also moving forward. Criminals have become more cunning and are often equipped with advanced tools, which makes it difficult to prove their guilt. The investigators are helped by DNA analysis, thanks to which current crimes and many crimes of past years have already been solved. The point is that genetic material has such properties as uniqueness, stability and genetic constancy of a living organism. That is, it can demonstrate genetic traits belonging to a particular person, minimizing possible errors of experts. Therefore, genetic testing has become so important in criminal proceedings.
Keywords: genetic research, DNA analysis, criminal trial, genetic material, evidence, DNA analysis.
Article bibliography
1. Argunova Yu. N., Vanyushkin S. V., Vaschenko Yu. V., Grishko A. Ya., et al.; Criminology. Textbook for universities / Under the general editorship: Dolgova A. I. 2nd ed., revised. and add. M.: Infra-M-NORMA, 2001. P. 650.
2. Badzyuk I. L., Golodkov Yu. E., Sukhorukov Yu. I., Larionova E. Yu. Methods of DNA extraction from biological objects of forensic examination: current status and problems // Current issues of forensic examinations: Materials of the International scientific practical conference. Irkutsk: Federal State Educational Institution of Higher Professional Education “East Siberian Institute of the Ministry of Internal Affairs of Russia, 2010. P. 331.
3. Golodkov Yu. E., Sukhorukov Yu. I., Larionova E. Yu. Methods of DNA extraction from biological objects of forensic examination: current status and problems // Current issues of forensic examinations: Materials of the International scientific practical conference. Irkutsk: Federal State Educational Institution of Higher Professional Education “Eastern Siberian Institute of the Ministry of Internal Affairs of Russia, 2019. P. 340.
4. Kubitovich S. N. DNA as an information carrier for an unlimited number of persons // Bulletin of Economic Security. 2017. No. 4. P. 185-190.
5. Kazantseva A. S. Legal liability in the field of application of reproductive technologies. Moscow: Prospect, 2019. P. 513-519.
6. Kozachenko I. Ya. Genome editing: moral dilemmas in criminal law settings // Law and order: history, theory, practice. 2022. No. 1 (32). P. 39-45.
7. Nedoluzhko A. Forensic science. Molecular genetic examination // Biomolecule. 15.06.2022. [Electronic resource]. – Access mode: https://biomolecula.ru/articles/kriminalistika-molekuliarno-geneticheskaia-ekspertiza (date accessed: 01.11.2024).
8. Osnitsky AV Theoretical and methodological foundations of the heredity of mental properties of personality // Bulletin of St. Petersburg University. Series 12. Psychology. Sociology. Pedagogy. 2008. No. 1. Pp. 187-199.
9. Ponomareva DV, Sorokina EM Legal aspects of the use of genetic evidence on the example of US judicial practice // Bulletin of Peoples’ Friendship University of Russia. Series: Legal Sciences. 2021 Vol. 25. No. 1. Pp. 87-106. [Electronic resource] DOI: 10.22363/2313-2337-2021-25-1-87-106 (date of access: 05.11.2024).
10. Ryvkin S. Yu. Forensic foundations of the use of DNA research. [Electronic resource] DOI: 10.24412/2411-2275-2023-2-92-97 (date of access: 02.11.2024)
11. Sekretareva T. M. “Medical concept” of understanding the causality of behavior that violates general social norms // Medical law. 2011. No. 4. P. 24-28.
12. Tologon, uulu Nursultan. Actual problems of medical and genetic examination in the disclosure and investigation of crimes of human identity / uulu Nursultan Tologon, O. A. Egereva. – Text: direct // Young scientist. 2019. No. 28 (266). P. 152-154. [Electronic resource]. – Access mode: https://moluch.ru/archive/266/61517/ (date of access: 05.11.2024).
13. Khaziev Sh. N. Forensic examinations in the activities of the International Criminal Tribunal for Rwanda // Theory and practice of forensic examination. 2015. No. 3 (39). P. 156-162. [Electronic resource]. – Access mode: https://www.tipse.ru/jour/article/viewFile/82/83 (date accessed: 05.11.2024).
14. Shestak V. A., Ulyanova E. K. Trial in the power of genetics. Myth or reality: the US experience // Education and law. 2020. No. 5. P. 198-203.
15. Federal Law of 03.12.2008 No. 242-FZ “On state genomic registration in the Russian Federation”. [Electronic resource]. – Access mode: www.base.garant.ru (date accessed: 06.11.2024).
16. Federal Law of 27.07.2006 No. 152-FZ “On personal data”. [Electronic resource]. – Access mode: www.base.garant.ru (date of access: 06.11.2024).
17. Jessee E. Promoting Reconciliation through Exhuming and Identifying Victims in the 1994 Rwandan Genocidee // Policy brief. No. 2. July 2012. P. 14.
18. Morse, S.J. (1982) Failed Explanations and Criminal Responsibility: Experts and the Unconscious. Faculty Scholarship at Penn Law. [Electronic resource]. – Access mode: https://scholarship.law.upenn.edu/faculty_scholarship/1351 (date: 02.11.2024).
CRIMINAL PROCEDURE
TARASENKO Darya Viktorovna
postgraduate student, Law Faculty, St. Petersburg State University, lawyer
ON THE QUESTION OF THE TRANSFORMATION OF THE NATURE OF INVESTIGATIVE ACTION IN THE RUSSIAN CRIMINAL PROCESS
In the article, the author examines the problem of transformation of the nature of investigative action in the Russian criminal process. The author formulates four sides of the investigative action. Highlighting the cognitive, certifying, enforcement and law enforcement sides of the investigative action, the author analyzes whether the covert investigative actions that appeared in the CPC of the Russian Federation, in particular, the norms of Articles 186 of the CPC of the Russian Federation and 186.1 of the CPC of the Russian Federation, correspond to the designated four sides. The author substantiates the conclusion that cover investigative actions differ from “classical” ones in terms of certifying, cognitive and law enforcement sides. The essential difference between them lies, first of all, in the law enforcement side of these actions. In the author’s understanding, the law enforcement side of investigative actions, which have an unclassified (in fact, secret) nature, is minimized, due to the confusion of criminal procedure and operational and investigative activities.
Keywords: investigative action, covert investigative actions, transformation, criminal procedural activity, operational investigative activity.
Article bibliography
1. Belkin A. R. Theory of proof in criminal proceedings. – M.: Norma, 2005. – 184 p.
2. Bykhovskiy I. E. Development of procedural regulation of investigative actions // Soviet state and law. – 1972. – No. 4. – P. 107-110.
3. Gulyaev A. P. Investigator in criminal proceedings. – M.: Jurid. lit., 1981. – 192 p.
4. Davletov A. A. Criminal proceedings of the Russian Federation: a textbook. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2022. – 348 p.
5. Derishev Yu. V. Confidential procedural actions in continental criminal procedure legislation: searching for a compromise // Legal science and law enforcement practice. – 2015. – No. 2 (32). – P. 122-128.
6. Zhogin N. V. Theory of evidence in Soviet criminal proceedings. – M.: Legal Literature, 1973. – 736 p.
7. Kalugin A. G. Covert investigative actions: prospects for implementation in the criminal procedure legislation of the Russian Federation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (43). – P. 115-122.
8. Kalnitsky V. V. Issues of legal regulation of investigative actions at the present stage // Issues of the theory and practice of criminal proceedings: Selected works / Omsk Academy of the Ministry of Internal Affairs of Russia. – Omsk: Omsk Academy of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 76-86.
9. Kun D. E. Procedural order of production control and recording of telephone and other conversations // Actual problems of judicial, law enforcement, human rights, criminal procedure activities and national security: materials of the All-Russian scientific and practical conference, Krasnodar, April 21, 2018. – Krasnodar: Kuban State University, 2018. – P. 245-249.
10. Larin A. M. Investigation of a criminal case. Planning, organization. – M .: Legal Literature, 1970. – 220 p.
11. Pobedkin A. V., Yashin V. N. Investigative actions. – M.: Yurlitinform, 2016. – 185 p.
12. Pobedkin A. V., Yashin V. N. Special (covert) investigative actions in the context of the procedural position of the investigator // Actual problems of organizing law enforcement and human rights activities: Materials of the All-Russian scientific and practical conference, Tula, January 25, 2020 / Responsible. editor V. N. Yashin. – Tula: Tula State University, 2020. – Pp. 139-150.
13. Rossiysky S. B. Investigative actions. – M.: Norma, 2018. – 240 p.
14. Stelmakh V. Yu. Conceptual foundations of investigative actions. – M.: Yurlitinform, 2017. – 282 p.
15. Strogovich M. S. Course of Soviet criminal procedure: Procedure for criminal proceedings under Soviet criminal procedure law. – M.: Nauka, 1970. – 468 p.
16. Semenov V. A. System of investigative actions in Russia: history and modernity // Bulletin of OSU. – 2005. – No. 3. – P. 72-76.
17. Sharov V. I. Monitoring and recording of negotiations as an investigative action and as an operational-search measure // Legal science and practice: Bulletin of the Nizhny NovgorodAcademy of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (47). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontrol-i-zapis-peregovorov-kak-sledstvennoe-deystvie-i-kak-operativno-razysknoe-meropriyatie (date of access: 02.10.2024).
18. Sheifer S. A. Investigative actions. Grounds, procedural order and evidentiary value. – Samara: Publishing House “Samara University”, 2004. – 184 p.
19. Sheifer S. A. Investigative actions. System and procedural form. – M.: Yurlitinform, 2001. – 208 p.
CRIMINAL PROCEDURE
AL KHAZRAJI Hasanin Fakhri Ab
postgraduate student of Criminal law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
MEASURES OF CRIMINAL PROCEDURAL COERCION IN RUSSIA AND IRAQ: GUARANTEES OF INDIVIDUAL RIGHTS
The article examines the measures of criminal procedural coercion used in Russia and Iraq, as well as ensuring human rights when applying procedural coercion measures to them. The article includes a comparative analysis of two legal systems with an emphasis on procedural mechanisms that ensure the legality and validity of the use of coercive measures, such as detention, arrest, search and prosecution. The rights of suspects and accused at different stages of the criminal process are investigated, as well as the role of judicial authorities in protecting these rights. Special attention is paid to international human rights standards that affect national legislation and the practice of applying procedural coercion measures. It examines the problems and challenges faced by law enforcement agencies and the judicial system in both countries, including cases of human rights violations and possible abuses.
Keywords: coercive measures, preventive measures, criminal proceedings, guarantees of personal rights.
Article bibliography
1. Vyatchinina M. P. Actual problems of judicial protection in the application of preventive measures in the form of bail and house arrest” // Proceedings of the All-Russian interdepartmental scientific and practical conference. – 2016. – No. 2. – P. 16-17
2. Grabyev V. A. Some problematic issues in choosing preventive measures // Actual problems of criminal proceedings. – 2016. – No. 5. – P. 49-53.
3. Criminal law of Russia. General and special parts: Textbook / Gracheva Yu. V., Chuchaev A. I. – Moscow: Contract, NIC INFRA-M, 2017. – 384 p.
4. Criminal law of Russia: special part [Text] teaching aid for students. – Tambov: TSU Publishing House, 2011.
5. Khimicheva O. V., Bondarenko I. P. Diversity of measures of procedural coercion and the nature of guarantees of rights, freedoms and legitimate interests of the accused in their application // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2014. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/raznoobrazie-mer-protsessualnogo-prinuzhdeniya-i-haraktera-garantiy-prav-svobod-i-zakonnyh-interesov-obvinyaemogo-pri-ih-primenenii (date of access: 23.11.2024).
6. Sarhang H. Barzinji. Human Rights Situation in Iraq and Kurdistan Region: Constitutional and Political Prospects / Democracy and Diversity in Education Conference, March 12th & 13th, 2013, Drammen, Norway. March 2013.
CRIMINAL PRINCIPAL LAW
LYADOV Eduard Vladimirovich
Ph.D. in Law, associate professor, Deputy Head of Penal Enforcement law and organization of educational work with convicts sub-faculty, Academy of the FPS of Russia
PRACTICE OF IMPLEMENTING THE INSTITUTE OF REPLACING IMPRISONMENT WITH A MORE MILD TYPE OF PUNISHMENT AND RESOCIALIZATION OF CONVICTS
This article examines the practice of replacing criminal punishment in the form of imprisonment with a more lenient form of punishment – forced labor in combination with issues of resocialization of this category of convicts. Attention is drawn to the expansion of the practice of applying this institution. It is emphasized that the institution in question is of significant importance in relation to the resocialization of convicts, especially those who have served long terms of imprisonment.
Keywords: criminal punishment, imprisonment, forced labor, sentencing, execution of punishment, convicted person, sentence, substitution of a milder type of punishment, resocialization of convicts.
Article bibliography
1. Lyadov E. V. Replacement of criminal punishment in the form of imprisonment with forced labor as a milder type of punishment // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 321-323.
CRIMINAL-EXECUTIVE LAW
TOLCHENKINA Marina Eduardovna
Ph.D. in Law, senior researcher of the Researchch Department of the Scientific Center, Academy of the FPS of Russia
FAMILY CAPACITY OF PERSONS SENTENCED TO IMPRISONMENT: THE CONCEPT, CLASSIFICATION AND FEATURES OF ITS IMPLEMENTATION
This article considers family legal capacity as one of the most important elements of a person’s family legal status. The author presents the positions of scientists concerning the conceptual and categorical apparatus of family capacity and the specifics of its implementation. Taking into account the norms of the current legislation of the Russian Federation, the classification of family capacity is defined, personal non-property, property rights and family obligations of persons sentenced to imprisonment are designated. Based on the results of the study, the author’s definition of the family capacity of persons sentenced to imprisonment was formulated.
Keywords: family, family legal capacity, personal non-property and property rights of convicted persons, full family legal capacity, partial family legal capacity, restrictions on family legal capacity, family legal capacity of persons sentenced to imprisonment.
Article bibliographic list
1. Antokolskaya M. V. Family law: Textbook. 2nd ed., revised and enlarged. – M .: Yurist, 2003. – 333 p.
2. Khvatova M. A. Family legal capacity of individuals in the Russian Federation // Family and housing law. – 2009. – No. 3.
3. Muratova S. A. Family law: textbook. – M., 2001. – P. 61.
4. Zvenigorodskaya N. F. The problem of family capacity // Bulletin of Perm University. – 2011. – Issue 2 (12). – pp. 112-113.
CRIMINAL PRINCIPAL LAW
LUKJYANOV Alexander Veniaminovich
competitor, Academy of Law and Management of the FPS of Russia
THE LABOR OF PERSONS SERVING A SENTENCE OF IMPRISONMENT AS A DETERMINANT OF OFFICIAL CRIME IN INSTITUTIONS AND BODIES OF THE PENAL SYSTEM
The publication is one of the first criminological works, which notes that the labor of prisoners has the determinative properties of official crime in the institutions and bodies of the penal system. The article reveals the corruption risks that arise in the process of implementing labor relations, sentenced to imprisonment. Examples of investigative practice of illegal involvement of officials of bodies and institutions of the penal system of convicted persons to labor are given. Reasoned proposals are given to minimize corruption risks in the sphere of employment of convicted persons.
Keywords: labor of convicts, official crime, imprisonment, punishment, bodies and institutions of execution of punishment.
Article bibliography
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2. The investigation of the criminal case against the former head of the regional UFSIN of Russia for committing a number of corruption crimes has been completed. [Electronic resource]. – Access mode: https://kurgan.sledcom.ru/news/item/1242866// (date of access: 02.11.2024).
3. The deputy head of the Federal Penitentiary Service of the republic was finally charged with abuse of office, illegal entrepreneurial activity and theft on an especially large scale. [Electronic resource]. – Access mode: https://osetia.sledcom.ru/news/item/1520377 (date of access: 09.11.2024).
4. Kashkarov A. A. Determinants of official crime in the Republic of Crimea // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (42). – P. 56-59.
5. Brief characteristics of the penal system of the Russian Federation. [Electronic resource]. – Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/ (date accessed: 29.11.2024).
6. Obernikhina O. V. Actual problems of involving convicts in labor // Bulletin of the Kemerovo State University. Series: Humanities and social sciences. – 2018. – No. 3. – P. 68-73.
7. Patlasov O. Yu. Labor activity of convicts under the influence of criminal subculture: gaps in legislation and conflicts of law // All-Russian criminological journal. – 2017. – V. 11, No. 1. – P. 216-227.
8. Investigative Committee investigators have completed the investigation of a criminal case against the former head of a correctional colony for abuse of office. [Electronic resource]. – Access mode: https://voronezh.sledcom.ru/news/item/1570160 (accessed: 09.11.2024).
9. Shevyakov-Arakcheev Ya. A. Use of prison labor in places of deprivation of liberty: its significance and features of the impact of labor on a convict, as a re-education measure // Bulletin of Science. – 2022. – No. 5 (50). – P. 103-113.
10. Ex-head of the Don GUFSIN Dakkhaev forced convicts to build him a house. [Electronic resource]. – Access mode: https://rostovnadonu.bezformata.com/listnews/gufsin-dahhaev-zastavlyal-osuzhdennih/88579216/(date of access: 02.11.2024).
CRIMINAL-EXECUTIVE LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of Employment Problems of Convicts and Economic Problems of the Functioning of the Penal Correction System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
KRAEVA Natalya Viktorovna
Ph.D. in Law, senior researcher, Center for the Study of the Problems of the Execution of Criminal Penalties and Psychological Support for the Professional Activities of Employees in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ASPECTS OF APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE ACTIVITIES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The article is devoted to the aspects of digital transformation of the penitentiary system of the Russian Federation (Penitentiary System), as well as the role of artificial intelligence in the further development of the national penitentiary system. The introduction of modern information technologies in the activities of institutions and bodies of the penal correctional system make it possible to transfer a number of functions into the sphere of information cyber environment to improve the effectiveness of security processes, to monitor and control the behavior of convicts in real time, to improve the quality of information support in the main areas of activities of the department.
Keywords: Penal System of the Russian Federation, integrated security, digital transformation, information technologies, artificial intelligence, machine learning, artificial neural network.
Article bibliography
1. Golovanova N. A., Gravina A. A., Zaitsev O. A. Criminal-jurisdictional activity in the context of digitalization: monograph. – M .: IZiSP, CONTRACT, 2019. – 212 p.
2. Minbaleev A. V. Regulation of the use of artificial intelligence in Russia // Information law. – 2020. – No. 1. – P. 36-39.
3. Pal’yanova N. V. Use of Artificial Intelligence in the Sphere of Legal Tech: Modern Opportunities and Prospects // Socio-economic Development and Quality of the Legal Environment: Proceedings of the VIII Moscow Legal Forum, XIX International Scientific and Practical Conf. Part 2. – M.: Moscow State Law Academy, 2021. – P. 260-267.
4. Tsar’kova E. G. On the Issue of Forming Training Datasets to Identify Sources of Dissemination of Extremist Content on the Internet // Scientific and Technical Bulletin of the Volga Region. – 2024. – No. 3. – P. 134-136.
CRIMINALISTICS
AFANASJEVA Viktoriya Ivanovna
lecturer of Criminology sub-faculty, St. Petersburg Academy of the Investigative Committee of the Russian Federation
THE ALGORITHM OF THE INVESTIGATOR’S WORK TO IDENTIFY UNIDENTIFIED CORPSES
The article examines the problem of identifying unidentified corpses during a preliminary check based on materials and investigation of criminal cases. The interrelation of the investigator’s work on the identification of unidentified corpses and the search for missing citizens is being studied. The problem of the lack of an algorithm for the investigator’s work in terms of carrying out a set of measures aimed at identifying unidentified corpses is determined. It is reflected that each unidentified corpse is presumably a missing person, and therefore it is necessary to verify between the specified search categories.
Keywords: unidentified corpse, missing person, the algorithm of the investigator’s work.
Article bibliography
1. Bondarenko E.K. The subsequent stage of the investigation of murders related to the dismemberment of the corpse // Bulletin of science. – 2023. – Vol. 1, No. 6 (63). – P. 462-467.
2. Chernigovsky V.N., Kuzmin M.N. Some features of fingerprinting of living persons and corpses // Philosophy of Law. – 2023.- No. 2 (105). – pp. 153-159.
3. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on October 29, 2024).
CRIMINALISTICS
BUEVICH Olga Leonidovna
lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
METHODS OF STUDYING THE PERSONALITY OF THE ACCUSED (SUSPECT) DURING THE INVESTIGATION OF CRIMES
This article examines the main and modern methods of obtaining information when studying the personality of the accused (suspect), which are essential for the competent investigation of criminal cases, collecting evidence and establishing other circumstances that are important for the criminal case. The author focuses on the directions, methods and techniques of studying the personality of the accused (suspect), analyzes the norms of criminal procedure legislation, as well as practice regarding the issues under consideration. Attention is also drawn to the features of studying the personality at the initial and subsequent stages of the investigation.
Keywords: accused, suspect, identity of the accused, request, response to a request, investigator, investigative actions, investigation, criminal case.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of December 18, 2001 Nº 174-FZ // Access from the SPS “ConsultantPlus” (date of access: 05.11.2024).
CRIMINALISTICS
VESYOLIN Vasiliy Vladimirovich
senior lecturer of Criminalistic techniques sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities, Volgograd Academy of the MIA of Russia
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Procedural law and criminalistics sub-faculty, Institute of Law, Volgograd State University
MODERN TECHNICAL AND FORENSIC MEANS USED FOR FINGERPRINTING
The article examines modern technical and forensic lighting equipment offered by forensic equipment manufacturers for use by ECP employees for fingerprinting living persons and corpses. Each of the considered means has its own operating features, as well as positive and negative sides. In order to examine these features in more detail, we conducted a comparative analysis of the considered technical and forensic means intended for fingerprinting, during which their positive and negative sides were considered. The results of this analysis allow us to evaluate their capabilities, as well as to select one or another means depending on the task at hand.
Keywords: crime scene inspection, fingerprinting, automated fingerprint identification system, forensic technology, fingerprinting.
Article bibliography
1. Prokofieva E. V., Bryukh N. V., Chaporova D. V. Some problems of fingerprinting associated with the anatomical and physiological characteristics of the hands of those being fingerprinted // Forensic technology. Collection of scientific papers. – Volgograd, VA Ministry of Internal Affairs of Russia 2021. – P. 118-122.
CRIMINALISTICS
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
DOCUMENTS MATERIAL EVIDENCE IN INVESTIGATION OF CRIMES RELATED TO THEIR FORGERY
This article examines the issues of using specialized knowledge in investigating crimes related to the forgery of official documents. This area of activity of law enforcement officers is traditionally associated with certain difficulties in the process of preparing materials for examination. The author also touches upon the issues of tasks and classification of this type of expert research.
Keywords: forgery, forged document, official document, tasks of examination, preliminary study, examination, use of specialized knowledge.
Article bibliography
1. Toropova M. V. Forensic examination of establishing the relative age of document details: dis. … Cand. of Law in specialty. 12.00.12 – forensics; forensic activity; operational-search activity (legal sciences). – M., 2014.
2. Gadzhikurbanov B. A. Artificial aging of documents as one of the ways to forge documents: methods of suppression // Business in law. – 2009. – № 3.
3. Toropova M. V., Furletov V. I. Study of documents exposed to aggressive influence (analysis of features in the study of intersecting strokes) // Forensic examination: Russian and international experience: Proceedings of the International scientific and practical conference (May 23-24, 2012). – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of Russia, 2012. – P. 147-151.
4. Trosman E. A., Bezhanishvili G. S., Batygina N. A. et al. Methodology for determining the age of execution of requisites in documents by the relative content of volatile solvents in strokes // Theory and practice of forensic examination. – 2013. – № 2 (30). – P. 80-89.
5. Batygina N. A., Bezhanishvili G. S., Orekhova M. V., et al. Establishing the fact of discrepancy between the age of handwritten notes made with ballpoint pens and the date indicated in the document // Expert technique. – M.: RFCSE, 1993. Issue 122. – P. 70-91.
6. Golfarb V. I., Ismagilova G. S., Gorban V. I., Pichkhidze S. Ya. Rubber mixture: patent for invention No. 2220989. Application No. 2002101397/04 dated 11.01.2002, published 10.01.2004.
7. Khavroshina Yu. O., Zakharchenko M. Yu., Melnikov I. N., Pichkhidze S. Ya., Kayrgaliev D. V. Octadecylamine as a corrosion inhibitor in fire extinguishing compositions // Trends in the development of science and education. – 2016. – No. 20-4. – P. 32-33.
8. Melnikov V. V., Pichkhidze S. Ya. Improvement of the ankle joint endoprosthesis // Product quality: control, management, improvement, planning: collection of scientific papers of the 3rd Int. youth scientific-practical. conf.: in 2 volumes. – Kursk, 2016. – P. 53-55.
CRIMINALISTICS
EVLUSHINA Darya Nikolaevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES RELATED TO HUMAN TRAFFICKING
The article examines individual elements of the criminalistic characteristics of crimes related to human trafficking. The author pays attention to the category of potential victims, the methods of committing these acts and the identity of the perpetrator. In addition, recommendations are provided aimed at preventing these acts and rehabilitating victims.
Keywords: criminalistic characteristics, crimes, law enforcement agencies, human trafficking, prevention, rehabilitation.
Bibliographic list of articles
1. UN report. [Electronic resource]. – Access mode: https://www.unodc.org/documents/data-and-analysis/tip/2021/GLOTiP_2020_Chapter6.pdf (date accessed: 01.10.2024).
2. Ovsova A. D. Features of the forensic characteristics of human trafficking // Student forum. – 2021. – No. 32-3 (168). – P. 25-27.
3. Guseinov T. A. Personality of the criminal who committed a crime related to human trafficking // Izvestiya Tula State University. Economic and legal sciences. – 2013. – No. 5-2. – P. 64-70.
CRIMINALISTICS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
BEZVERKHOVA Svetlana Viktorovna
senior lecturer of Special disciplines sub-faculty, Krasnodar University of the MIA of Russia
VIDEO RECORDING AS AN ELEMENT OF FORENSIC TECHNOLOGY USED IN THE COURSE OF INVESTIGATIVE ACTIONS
The article considers the most significant way of recording the collected evidence, fixed in criminal proceedings, such as video recording during the production of investigative actions. The issues of using video recordings at the present stage are significant. Digitalization of modern society certainly makes human life much easier. However, at the stage of investigation of various categories of crimes, investigators are not always willing to use video recording in the production of investigative actions and there are enough reasons for this. For example, the investigators’ lack of relevant knowledge about the capabilities of video equipment and skills in its application. Although videotaping is considered the most effective means in the procedural aspect of recording the events of individual investigative actions and should be used by investigators to the maximum to improve the quality and culture of the preliminary investigation.
Keywords: investigative actions, video recording, investigator, forensic specialist, technical means.
Bibliographic list of articles
1. Kholopov A.V. Innovative means and methods of photographic recording of the scene of an incident // Legality. – 2019. – No. 8. – P. 26.
2. Vinogradova S. L., Shestakova S. D. Issues of admissibility of using audio and video recordings in criminal procedural evidence // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (65). – P. 31-33.
3. Ryvkin S. Yu., Konopleva O. P. Use of video recording in the production of investigative actions // My professional career: scientific and practical. electronic journal. – 2019. – V. 4, No. 7. – P. 45.
4. 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). – pp. 116-121.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty, Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor of Criminologysub-faculty, Ryazan branch, V. Ya. Kikot Moscow University of the MIA of Russia
FEATURES OF THE TACTICS OF CONDUCTING AN INVESTIGATIVE EXPERIMENT DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS THAT PROVIDE ISOLATION FROM SOCIETY
Тhis article examines the specifics of the tactics of preparing and conducting an investigative experiment during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances in a penitentiary institution of the Russian penal system. The specific tactical features and techniques at the stage of preparation, conduct and consolidation of an investigative experiment in relation to a correctional institution are considered.
Keywords: narcotic drug, feature, reception, stage of experiment, experience, investigative experiment, penitentiary institution.
Article bibliography
1. Investigation of crimes committed in bodies and institutions of the penal system: a practical guide for investigators, law enforcement officers and operational staff of the penal system / Edited by D.Sc. (Law), prof., Honored Scientist of the Russian Federation E.P. Ishchenko, Ph.D. (Law), associate professor O.A. Belov. – M.: Yurlitinform, 2013. – 376 p.
CRIMINALISTICS
UDOVICHENKO Viktor Sergeevich
senior lecturer of Criminal process sub-faculty, Barnaul Law Institute of the MIA of Russia
SHEBALIN Alexander Vladimirovich
Ph.D. in Law, associate professor, Head of Criminology, St. Petersburg Academy of the Investigative Committee of the Russian Federation
SHELEPOV Kirill Alexandrovich
District commissioner of the police of the OUUP and PD N of the police department for the Central district of the MIA of Russia in Barnaul
ON THE ISSUE OF THE USE OF NON-STATE INFORMATION SYSTEMS IN ENSURING THE PRODUCTION OF INVESTIGATIVE ACTIONS
The article examines the possibilities of using the non-governmental information system “Eye of God” in the activities of the investigator in the preparation and production of investigative actions. The paper analyzes information about the participants of the investigative action, which can be obtained by the investigator using the information system “Eye of God”. It is being studied to which type of evidence the information obtained from the information system “Eye of God” belongs. The necessity of using the information contained in the information system “Eye of God” by the investigator is substantiated. It is shown that the openness of the information contained in the “Eye of God” information system suggests the possibility of their use not only by persons conducting criminal prosecution, but also by intruders.
Keywords: investigative actions, non-governmental information systems, “The Eye of God”.
Article bibliography
1. On information, information technology and information protection [Electronic resource]: Federal Law of July 27, 2006 No. 149-FZ // Electronic data. – Consultant plus – reference legal system. – 2024. (date of access: October 16, 2024).
2. Criminal Procedure Code of the Russian Federation. [Electronic resource]: Federal Law of December 18, 2001 No. 174-FZ // Electronic data. – Consultant Plus – reference legal system. – 2024. (date of access: 10/16/2024).
3. Zemskov I. N., Ibishov M. R. Current issues of using the non-governmental information system “Eye of God Bot” by operational units of the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia // Penitentiary law: legal theory and law enforcement practice. – 2023. – No. 3 (37). – P. 80-84. – EDN QETRIS.
4. Bot and everything about it. The authorities want to block services for collecting data in Telegram. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4721118 (date of access: 10/16/2024).
5. The court recognized the activities of a service for the sale of personal data as illegal. [Electronic resource]. – Access mode: https://rkn.gov.ru/news/rsoc/news73728.htm (date of access: 10/16/2024).
6. The senator asked RKN and the Prosecutor General’s Office to check and block the “Eye of God” service. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/18373775 (date of access: 10/16/2024).
7. “I give free access to all security officials”: an interview with the creator of “Eye of God”. [Electronic resource]. – Access mode: https://www.gazeta.ru/tech/2021/07/28/13809278/antipov_eyeofgod.shtml (date of access: 16.10.2024).
CRIMINALISTICS
FIRSOV Gennadiy Vitaljevich
Deputy Head of Fundamentals of forensic science sub-faculty of the Training and Scientific Complex of Expert-CriminalisticActivity, Volgograd Academy of the MIA of Russia
SIGERICH Mikhail Yaroslavich
lecturer of Document examination sub-faculty of the Training and Scientific Complex of Expert-Criminalistic Activity, Volgograd Academy of the MIA of Russia
POSSIBILITIES OF ESTABLISHING THE IDENTITY OF A PERSON WITH SIGNS OF CERTAIN DISEASES
The article is devoted to the study of methods of identification in the context of crime investigation, paying special attention to the analysis of external characteristics of a person containing signs of certain types of diseases. Approaches to the description of appearance are considered. Attention is paid to the problems associated with changes in appearance as a result of pathological diseases and surgical interventions, their impact and research opportunities. The analysis of existing methods of describing appearance is given and ways to improve them in creating verbal descriptions and subjective portraits of the appearance of a person are proposed, while the effectiveness and efficiency of this approach are substantiated.
Keywords: identification, criminalistics, identification by the appearance of a person, subjective portrait.
Article bibliography
1. Davydov E. V. Modern possibilities of using subjective portraits in the practice of solving and investigating crimes; Volgograd Academy of the Ministry of Internal Affairs of Russia. – Volgograd, 2012. – 72 p.
2. Zinin A. M. Human appearance in criminalistics and forensic examination: Monograph. – Moscow: Publishing house “Yurlitinform”, 2015. – 200 p.
3. Cherkashina I. I. Problems of training specialists in the field of producing subjective images // Forensic examination. – 2008. – No. 2 (14). – P. 87-94.
4. Vinichenko I. F., Zhitinikov V. S., Zinin A. M., et al. Forensic description of a person’s appearance: Textbook / Under the general editorship of Snetkov V. A.; Moscow Legal Institute of the Ministry of Internal Affairs of Russia. – Moscow: Shchit-M, 2002.
5. Solodova T. A. Features of investigative identification of persons with altered appearance // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1. – P. 201-207.
6. Matyushkina A. V., Ulaikina Yu. S. Improvement of the regulatory framework for identifying a person based on signs of altered appearance // Legal science. – 2022. – No. 2. – P. 77-82.
CRIMINALISTICS
SHAVKAROVA Elena Evgenjevna
senior lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
BUEVICH Olga Leonidovna
lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
INVESTIGATIVE INSPECTION: THE CONCEPT AND TYPES
One of the initial and important investigative actions is inspection. In the current reality, inspection, as an investigative action, has many forms and types and can be carried out at different stages of legal proceedings, in this regard, it is necessary to pay attention to the tactical features of the production of this investigative action in the conditions of changing crime.
Keywords: inspection, investigative action, scene of the incident, objects of inspection, recording of traces, seizure of traces.
Article bibliography
1. Zhilina N. Yu. Concept and essence of investigative inspection // Humanitarian, socio-economic and social sciences: new approaches and methods. – Belgorod: Limited Liability Company “Agency for Advanced Scientific Research”, 2021. – P. 82-84.
2. Puptseva A. V. Some Features of the Initial Stage of Investigation of Serious Violent Crimes against Life and Health Committed in the Sphere of Domestic (Family and Domestic) Relations // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (44). – pp. 141-146.
CRIMINALISTICS
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
SHAMSHINA Olga Sergeevna
senior lecturer of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
ASPECTS OF APPOINTING A FORENSIC TECHNICAL EXPERTISE BASED ON THE LIMITATION OF EXECUTION OF DETAILS IN A DOCUMENT
In this article, the author examined the issues of preparing and appointing an examination to establish the limitation of execution of details in a document. This type of expert examination requires law enforcement officers to have certain knowledge of the objects that must be provided for the expert’s permission, as well as to formulate questions to the expert in a high-quality manner.
Keywords: examination, preliminary examination, limitation of execution of details, document, questions to the expert, appointment of an examination, objects of expert examination.
Article bibliography
1. Toropova M. V. Forensic examination of establishing the relative age of execution of document details: dis. … candidate of legal sciences in specialty. 12.00.12 – forensics; forensic activity; operational-search activity (legal sciences). – M., 2014.
2. Gadzhikurbanov B. A. Artificial aging of documents as one of the ways to forge documents: methods of suppression // Business in law. – 2009. – № 3.
3. Toropova M. V., Furletov V. I. Study of documents exposed to aggressive influence (analysis of features in the study of intersecting strokes) // Forensic examination: Russian and international experience: Proceedings of the International scientific and practical conference (May 23-24, 2012). – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of Russia, 2012. – P. 147-151.
4. Trosman E. A., Onishchenko A. A., Orekhova M. V. et al. Forensic examination of writing materials in strokes // Expert technique. – M.: RFCSE. 1993. Issue. 122. – P. 3-69.
5. Trosman E. A., Bezhanishvili G. S., Batygina N. A., et al. Methodology for determining the age of details in documents based on the relative content of volatile solvents in strokes // Theory and Practice of Forensic Science. – 2013. – No. 2 (30). – P. 80-89.
6. Batygina N. A., Bezhanishvili G. S., Orekhova M. V., et al. Establishing the fact of discrepancy between the age of handwritten notes made with ballpoint pens and the date indicated in the document // Expert technique. – M.: RFCSE, 1993. Issue. 122. – P. 70-91.
7. Chertkova T. B., Trosman E. A. Modern Possibilities of Forensic Document Examination // Theory and Practice of Forensic Examination. – 2006. – No. 2.
CRIMINALISTICS
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of Administrative affairs in the DIA sub-faculty, St. Petersburg University of the MIA of Russia
ON THE ISSUE OF IMPROVING THE LEGAL REGULATION OF THE USE OF FIREARMS AND NON-LETHAL WEAPONS BY POLICE OFFICERS
The article discusses controversial issues about the sufficiency of grounds for the use of weapons. The author notes that from 2011 to the present, no changes have been made to federal legislation, although the State Duma has considered proposals on the possibility of using firearms. The article concludes that it is necessary to develop the concept of “non-lethal weapons”, assess the social consequences of the use of such weapons and, based on them, introduce a separate rule into the Federal Law “On Police”, which will define the concept of “non-lethal weapons”, the types of such weapons, the grounds and prohibitions of their use.
Keywords: forensics; digitalization; crime; artificial intelligence; cybercrime.
Article bibliography
1. Drozdov D. E. Historical prerequisites for the formation of criminal liability for the use of violence against a police officer // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1. – P. 145-147.
2. On the police: Federal Law of February 7, 2011 No. 3-FZ. Access from the reference and legal system “ConsultantPlus”.
3. The system of ensuring legislative activity. [Electronic resource]. – – Access mode: https://sozd.duma.gov.ru/ (date of access: 11/12/2024).
4. Administrative activity of the police: textbook / R. Yu. Avrutin [et al.]. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2024. – 576 p.
5. Mamontov D. Yu. Police officer as a subject of failure to provide assistance to a patient // Law and Right. – 2018. – No. 11. – P. 80-82.
6. Baturin A. A., Kozlyakov A. A., Kopylov V. V. Problems and legal basis for the procedure for the use of firearms by employees of the Internal Affairs Directorate of the Russian Federation // Bulletin of Economic Security. – 2019. – No. 3. – P. 290-294.
7. Appellate ruling of the Stavropol Regional Court dated July 1, 2015 in case No. 22-3183 / 2015 // SudAkt. Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: www.sudact.ru/regular/doc/DvAtZgY9lfYz/ (date of access: 11/12/2024).
CRIMINALISTICS
KHALIULLINA Aigul Faatovna
Ph.D. in Law, associate professor of Criminalistics sub-faculty, Institute of Law, Ufa State University of Science and Technology
CRIMINALISTIC METHODS OF PREVENTING JUVENILE DELINQUENCY
The subject of the scientific article is the patterns of prevention of criminal activity of minors. The purpose of the study is to develop tactical recommendations and algorithms for investigating officers to prevent crimes involving minors. The meThe thodological basis was the analysis of theoretical provisions regarding the place of crime prevention in the system of criminology, as well as methods of questioning and interviewing. The conclusions and recommendations proposed in this article can serve as a practical guide in investigative activities, as well as in theoretical developments on this topic.
Keywords: minors, crime prevention, crime investigation methodology, investigator’s algorithm.
Article bibliography
1. Gross G. Guide for forensic investigators as a system of forensic science. – St. Petersburg, 1908. – P. 345.
2. Zhidkov D. N. On the need to develop forensic public prevention in order to organize counteraction to cybercrime in the territory of the Russian Federation // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (91). – P. 147
3. Zaynullin R. I. Forensic prevention – myth or reality? // Kriminalist. – 2023. – No. 4 (45). – P. 53-58.
4. Ivanov I. I. Forensic methodology and issues of investigative crime prevention // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2003. – No. 1 (17). – P. 125.
5. Kolesnichenko A. N. Scientific and legal foundations for the investigation of certain types of crimes: author’s abstract. diss. … doctor of law. – Kharkov, 1967. – P. 26.
6. Makhtayev M. Sh., Yablokov N. P. Forensic prevention: history of formation, modern problems: monograph. – M.: Yurlitinform, 2016. – P. 50.
7. Podolny N. A. Forensic prevention of crimes committed by organized youth groups // Legal state. – 2024. – No. 2. – P. 74-80.
8. Polstovalov O. V. Forensic support for the prevention, investigation and detection of crimes committed by bloggers: outlines of the species characteristics // Legal state. – 2024. – No. 2. – P. 81-89.
9. Polstovalov O. V. Mathematical modeling based on the theory of causality in application to forensic characteristics and crime prevention // Legal state. – 2020. – No. 4 (62), Part 1. – P. 154.
10. Friedman I. Ya. Crime prevention issues in forensic examination of documents. – Kyiv: KNIISE, 1968. – P. 18.
11. Chemeris A. V., Khalikov A. A., Garafutdinov R. R., Chemeris D. A., Sakhabutdinova A. R., Khaliullina A. F., Galyautdinov R. R., Sagidullin R. Kh., Aminev F. G. Genetic problems of DNA portraiture. as part of DNA phenotyping: review // Forensic medicine. – 2024. – T. 10, No. 3. – P. 399-410.
CRIMINALISTICS
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of Administrative affairs in the DIA sub-faculty, St. Petersburg University of the MIA of Russia
COUNTERING CRIME IN THE ERA OF DIGITAL SOCIETY: THE FORENSIC ASPECT
The article examines the criminalistic aspects of the digital transformation of crime prevention in the era of digital society. The author answers the question whether the digitalization of society should lead to the adaptation of theories commonly used in criminology. It is concluded that the digitalization of society implies a change in the forensic paradigm, and this is a serious problem for current theoretical approaches to combating crime.
Keywords: forensics, digitalization, crime, artificial intelligence, cybercrime.
Article bibliography
1. Actual problems of forensic science: a tutorial / T. A. Badzgaradze, E. V. Gorkina, E. S. Pereverzeva. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2024.
2. Kurin A. A. Forensic registration as an integrating link in the system of information support for solving and investigating crimes // Problems of combating crime in the context of digitalization: theory and practice: Collection of articles of the XVIII International Scientific and Practical Conference, Barnaul, June 29, 2020 / Responsible for editors S. I. Davydov, V. V. Polyakov. – Volume 1. – Issue XVI. Barnaul: Altai State University, 2020. – Pp. 128-133.
3. Lebedev M. D., Savvoev S. A. Using Artificial Intelligence in Crime Investigation // Skif. – 2020. – No. 7 (47). – Pp. 73-77.
4. Smushkin A. B. Strategic Aspects of Digital Transformation of Crime Investigation, Detection and Prevention // Vestn. Tom. state University. – 2022. – No. 478. – P. 244-250.
CRIMINALISTICS
KAMALOV Maxim Rustemovich
adjunct, V.Ya. Kikot Moscow University of the MIA of Russia
INVESTIGATIVE ACTIONS AIMED AT DETECTING MATERIALLY FIXED INFORMATION DURING THE INVESTIGATION OF THEFTS COMMITTED AT RETAIL ENTERPRISES
This article discusses the specifics of conducting investigative actions aimed at detecting materially fixed information in the investigation of thefts committed at retail enterprises: inspection of the scene, search, seizure, examination and obtaining samples for comparative research. In addition, within the framework of the study, the traces of a crime left when committing a theft at a retail outlet are highlighted, which can serve as a basis for proving the involvement of a person in the committed act.
Keywords: human and civil rights and freedoms, crime prevention, operational investigative measures, criminal proceedings, operational investigative activities, interrogation of operational law enforcement officials, interrogation of a witness, an operational officer, limits of the use of evidence.
Article bibliography
1. Volodikova I. V., Vasyukov V. F. Some features of working with materially fixed images in the investigation of crimes committed in conditions of non-obviousness // Prologue: journal on law. – 2022. – No. 4 (36). – P. 134.
2. Tsenova T. L., Moroz A. V. Study of material traces of crime // Theory and practice of social development. – 2011. – No. 1. – P. 201.
CRIMINALISTICS
TAYTUBAEVA Laura Muratovna
adjunct, Academy of Management of the MIA of Russia
THE USE OF UNMANNED AIRCRAFT IN RECORDING CRIMINALLY SIGNIFICANT INFORMATION DURING THE INSPECTION OF THE SCENE
The article discusses the relevance and possibilities of aerial photography from an unmanned aircraft when recording criminally significant information during an inspection of the scene. The tactics of using unmanned aircraft during the inspection of the scene are proposed. The author also substantiates the effectiveness of using the reconstruction of a three-dimensional model based on photographs obtained using UAVS in the investigation of certain types of crimes.
Keywords: inspection of the scene, aerial photography, unmanned aircraft, reconstruction, tactics of investigative actions
Article bibliography
1. Sevastyanov P. V. Digital technologies for recording non-verbal evidentiary information: dis. … Cand. of Law: 5.1.4. – Moscow, 2024. – P. 194.
2. Baryshnikov K. V., Chervyakov M. E. On the issue of using unmanned aerial vehicles during the inspection of the crime scene // Epoch of Science. – 2018. – No. 14. – P. 19-22.
3. Gukov A. A., Gukov A. A., Kholodkov K. I. Methodology for using a multicopter unmanned aerial vehicle when inspecting road accident sites. Collection of reports from the round table “Training of law enforcement officers using UAVs in their activities” / Under. general ed. A. A. Yakovenko. – Moscow: FKU NPO “STiS” of the Ministry of Internal Affairs of Russia. – 2024. P. 22-28.
4. Danilkin I. A., Danilkina V. M. Use of modern technical means in the daily practical activities of forensic units of Moscow // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 84-91.
5. Gavrilin Yu. V., Saleeva Yu. E. On the concept of state scientific and scientific-technical policy in the field of forensic support for the fight against crime // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 4 (68). – pp. 80-87.
CRIMINALISTICS
YACHMENEVA Mariya Andreevna
assistant of Criminalistics sub-faculty, Institute of Law, Ufa University of Science and Technology
ON THE ISSUE OF THE SITUATION OF CRIMES RELATED TO DRUG TRAFFICKING COMMITTED WITH THE PARTICIPATION OF MINORS
The article analyzes various variants of the concept of “crime scene” and gives a definition corresponding to the author’s opinion. The article also examines the elements of the situation of committing crimes related to drug trafficking committed with the participation of minors, based on the analysis of judicial and investigative practice, patterns of committing such crimes are identified, and a variant of the typical situation of committing the category of crimes under consideration is proposed.
Keywords: crime scene, juvenile, crimes related to drug trafficking.
Article bibliography
1. Annenkova T. S. The situation of the crime and forensic methods of its investigation: diss. … candidate of legal sciences. – Saratov, 2007.
2. Vinokurov S. I. The main issues of the methodology of investigating criminal violations of the rules for handling explosives: author’s abstract. diss. … candidate of legal sciences. – M., 1967. – P. 16.
3. Dvoretsky M. Yu., Avdeev R. V. Causes and conditions of crime // Bulletin of TSU. – 2014. – Issue 12 (140).
4. Kovalev A. V. Forensic characteristics of crimes in the field of protecting the life and health of workers in the process of their industrial activities // Current trendsdevelopment of forensic tactics and methods of investigation: materials of the extended meeting of the Academic Council of the All-Union Institute for the Study of Causes and Development of Crime Prevention Measures. – 1978
5. Yablokov N. P. Forensic Science: textbook. 2nd ed., revised and enlarged. – M., 2008.
CRIMINOLOGY
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan, Ufa
APPLICATION OF THE QUESTIONNAIRE METHOD IN TEACHING ANTI-CORRUPTION DISCIPLINES
This paper updates the problem related to combating corruption in Russia. The author gives a description of crimes related to bribery: their condition, structure, dynamics, personality traits of a corrupt official. The application of the questionnaire method in teaching anti-corruption disciplines is justified. The results obtained during the testing of the proposed questionnaire are analyzed.
The effectiveness of using this method for self-diagnostics of students for the formation of an intolerant attitude towards corruption is summarized.
Keywords: anti-corruption, questioning, bribery, zero tolerance for corruption, prevention.
Article bibliography
1. According to the State Information and Analytical Center of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: www.mvd.ru (date of access: 11.09.2024).
2. Crime and offenses: statistical collection (2019-2023). Ministry of Internal Affairs of the Russian Federation, Judicial Department under the Supreme Court of the Russian Federation, Department of Supervisory Activities and Preventive Work of the Ministry of the Russian Federation for Civil Defense, Emergencies, and Elimination of Consequences of Natural Disasters. – Moscow, 2024. – 178 p.
3. Maksimov S. V. Corruption. Law. Responsibility. 3rd ed. revised and enlarged. – M.: Institute of State and Law of the Russian Academy of Sciences, 2017. 290 p.
CRIMINOLOGY
ILIKBAEVA Evgeniya Sergeevna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol, major of police
NESTERENOK Yuriy Vladimirovich
senior lecturer of Physical training and sports sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
PREVENTION OF EXTREMIST AND TERRORIST HATE CRIMES
At present, issues related to countering and preventing extremist and terrorist crimes on the territory of the Russian Federation are a priority. Based on the National Security Strategy of the Russian Federation, threats to state security include the activities of terrorist and extremist organizations and the activities of the state should be aimed primarily at preventing these types of crimes. This is how the article examines the role of district police officers in preventing extremist crimes (including hate crimes). The district police officer should study the characteristics of persons who live in this territory. And check the places of possible appearance of such groups. It is important to carry out preventive actions of both group and individual. When identifying single hate crimes, the investigator, together with operational officers, must establish whether there are signs that the person is a member of an extremist community (extremist organization).
Keywords: prevention of extremist crimes, prevention of terrorist crimes, extremist crimes committed based on hatred, prevention of crimes, countering extremism, district police officers.
Article bibliography
1. Abazov I. S. “Features and specifics of tactical actions of police units in ensuring public order at mass events” // Theory and practice of social development. – 2016. – No. 2. – P. 75-78.
2. Salakhutdinov A. A. Social networks as an information channel for extremist material. – Text: direct // Young scientist. – 2014. – No. 17 (76). – P. 561-564. [Electronic resource]. – Access mode: https://moluch.ru/archive/76/13119/ (date of access: 12/10/2024).
3. Fakov A. M. Territory of terrorism and prevention of terrorist acts // Gaps in Russian legislation. – 2014. – No. 5. – P. 165-166.
CRIMINOLOGY
NASREDDINOVA Kristina Alexandrovna
Ph.D. in Law, associate professor, associate professor of the HAC, Professional discipline sub-faculty, Samara law Institute of the FPS of Russia
FACTORS INFLUENCING THE COMMISSION OF INDECENT ACTS, TAKING INTO ACCOUNT THE ANALYSIS OF THE PERSONALITY OF THE CRIMINAL
The analysis of criminological characterristics of a person is necessary for any law enforcement officer, because it allows to create a criminological portrait of a person capable of committing a crime. At the same time, any socio-demographic characteristic of the personality of a person accepting a bribe cannot directly indicate the possibility of committing a crime by the person possessing it. But the analysis of these characteristics allows to build a possible generalized criminological portrait, which can help in more effective application of preventive measures to the group of persons who are most prone to committing a corruption crime. This article is devoted to the analysis of statistical data from the Judicial Department under the Supreme Court of the Russian Federation, the Prosecutor General’s Office and the Ministry of Internal Affairs of the Russian Federation, which made it possible to fully compile a modern criminological portrait of a person accepting a bribe based on data for 2020-2023.
Keywords: bribery, identity of the criminal, official, corruption, corruption crime.
Article bibliography
1. All statistical data on crime in the Russian Federation were presented based on the analysis of materials from the official website of the Judicial Department of the Supreme Court of the Russian Federation / section judicial statistics. [Electronic resource]. – Access mode: http://www.cdep.ru/ (date of access: 09/05/2024).
CRIMINOLOGY
GONCHAROV Yuriy Nikolaevich
postgraduate student of Prosecutorial supervision and criminology sub-faculty, Saratov State Law Academy
VIOLENT CRIME AND ITS MOTIVATION
The article is devoted to the analysis of the role of motive in violent crimes; clarification of the modern content of the concept of violent crime, consideration of specific types of violence, possible forms of manifestation of violence methodological basis served comparative – legal and formal – logical methods of research, logical, systemic, linguistic, formal – legal methods. The essential criteria that distinguish violent crime from other types of crime are defined. Attention is emphasized on criminological approaches to the interpretation of the content of the concept of violence. Types and forms of violence, as well as its legal and sociological content are analyzed. The expediency of deterministic approach to determining the essential content of the concept of violent crime is substantiated, the necessity of taking into account the qualitative characteristics of violent crime, the development of measures to counteract specific forms of violent crime, the role of motive in committing a violent crime is substantiated. The purpose of the article is to study the essential content of the concept of violent crime, which may further affect the development of effective measures to counteract this socially dangerous phenomenon in society.
Keywords: violence, motivation, crime, types of violent crime, forms of violent crime, content.
Bibliographic list of articles
1. Starkov O. V. Tyumenev A. V. Criminoviolensology (the doctrine of criminal violence). – M.: Yurlit-inform, 2012. – P. 445.
2. Antonyan Yu. M., Eminov V. E. Personality of the criminal. Criminological and psychological research: monograph. – M.: Norma: INFRA-M, 2022. – 368 p.
3. Sukhov A. N., Starikova O. V., Molostvov A. V. Criminal violence in the family: personal aspect: monograph. – M.: FLINTA, 2019. – 74 p.
4. Novikova Yu. V. Mechanism of determination of criminal behavior as an element of criminological characteristics of crimes // Actual problems of Russian law. – 2014. – No. 5. – P. 930-937.
5. Antonyan Yu. M., Kolyshnitsyna E. N. Motivation of behavior of convicts: Monograph. – M., 2012. – P. 134.
CRIMINOLOGY
PUZARIN Roman Olegovich
postgraduate student, Penza State University.
CRIMINOLOGICAL CHARACTERISTICS OF A PERSON WHO COMMITTED A CRIME UNDER ARTICLE 148 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This work is a review of the criminological characteristics of persons committing a crime under Article 148 of the Criminal Code of the Russian Federation, covering both the theoretical aspect of the components of this characteristic and the actual personal ones based on statistical data. The work examines various aspects of the criminal’s personality, provides a brief description of each aspect with further specification within the framework of the specifics of Article 148 of the Criminal Code of the Russian Federation.
Keywords: criminology, personality characteristics, crime against freedom of conscience.
Article bibliographic list
1. Constitution of the Russian Federation of 12.12.1993 // Collection of Legislation of the Russian Federation. – 2009. – No. 4. – Art. 445.
2. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 23.11.2024) // Rossiyskaya Gazeta. – 1996. – No. 113.
3. Ignatov A. N. Socio-demographic and criminal-legal characteristics of the personality of a modern violent criminal // Criminology: yesterday, today, tomorrow. Journal of the St. Petersburg International Criminological Club. – 2015. – No. 4 (39). – P. 93-98
4. Kazantseva N. V. Features of the personality of a criminal committing crimes that infringe on freedom of conscience // Gaps in Russian legislation. – 2016. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-lichnosti-prestupnika-sovershayuschego-prestupleniya-posyagayuschie-na-svobodu-sovesti (date of access: 04.12.2024).
5. Petryanin A. V. Counteracting extremist crimes: criminal-legal and criminological aspects: dis. … Doctor of Law. – M., 2014. – 501 p.
CRIMINOLOGY
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty, Barnaul Law Institute of the MIA of Russia
PREVENTION BY DISTRICT POLICE OFFICERS OF CRIMES RELATED TO ILLEGAL DOCUMENT TRAFFICKING
The article deals with the analysis of the current state, level, structure and dynamics of crimes related to illegal document trafficking. The author reveals the characteristics of the personality of criminals and the main determinants of the crimes under consideration. Based on the information received, preventive measures are proposed by the units of the district police officers.
Keywords: documents, illegal trafficking, prevention, local police officers.
Bibliographic list of articles
1. Archive of the Khabarovsk District Court of the Altai Territory. Case No. 1/42-2022.
2. Botvin I. V. Modernization of the Criminal Law in the Era of Digitalization // The Penal System Today: Interaction of Science and Practice: Proceedings of the XXII All-Russian Scientific and Practical Conference, Novokuznetsk, October 19-20, 2022 / Ed. A. G. Chirikov. Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2022. Pp. 76-78.
3. Botvin I. V. Modern Determinants of Crimes against Property // Almanac of Young Scientists: Collection of Scientific Articles. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2022. Pp. 47-50.
4. Botvin I. V. Modern problems of preventing domestic violent crime by district police officers // Actual problems of combating crimes and other offenses: materials of the twentieth international scientific and practical conference / Ed. D. L. Prokazin. Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2022. Part 2. Pp. 12-13.
5. In Moscow, employees of the Ministry of Internal Affairs of Russia stopped the activities of an illegal printing house and withdrew more than a thousand counterfeit documents from circulation. [Electronic resource]. – Access mode: https://мвд.рф/mvd/structure1/Glavnie_upravlenija /Glavnoe_upravlenie_ugolovnogo_roziska/Publikacii_i_vistuplenija/item/54278822/ (date of access: 22.08.2024).
6. Official website of the Judicial Department under the Supreme Court of the Russian Federation. Report on the demographic characteristics of convicts for all crimes of the Criminal Code of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/userimages/sudebnaya_statistika/2023/k5_1-svod_vse_sudy-2023.xls (date of access: 14.08.2024).
7. Collection on Russia “Unified Crime Report”. [Electronic resource]. – Access mode: http://10.5.0.16/csi/files/content/stat/books/text/txt491 (date accessed: 7.04.2024).
LAW ENFORCEMENT AGENCIES
BELOVA Svetlana Nikolaevna
senior lecturer of Physical training and applied martial arts sub-faculty, St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
senior lecturer of Administrative activities of internal affairs bodies sub-faculty, St. Petersburg University of the MIA of Russia
SOBOLEVA Mariya Mikhaylovna
Deputy Head Administrative activities of internal affairs bodies sub-faculty, St. Petersburg University of the MIA of Russia
THE PROBLEM OF INSUFFICIENT PHYSICAL TRAINING OF THE EMPLOYEES OF THE INVESTIGATIVE DEPARTMENT OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
Physical training plays a special role in the activities of the employees of the Ministry of Internal Affairs, the purpose of which is to form the physical readiness of employees to successfully perform their official tasks, competently and effectively use physical force, including combat techniques. At the same time, the role of physical training as one of the most important elements of training law enforcement officers are objectively high. First of all, it is the primary basis in the practical activities of employees to ensure the legality and safety of public order, as well as to maintain a worthy image of a representative of power in the Russian Federation.
Currently, one of the problems is the insufficient level of physical development of employees of investigative units.
This problem is of particular importance in the professional sphere of justice employees, since the investigative unit is part of the structure of the Ministry of Internal Affairs of the Russian Federation, whose policy is aimed at maintaining a high level of physical fitness of its employees.
In connection with the relevance of the identified problem, it is advisable to determine the main reasons that lead to its occurrence and discuss effective measures to solve it.
Keywords: physical training; employees of the investigative unit; internal affairs agencies.
Article bibliography
1. Shloma D. S. Physical training as a basis for professional activities of law enforcement officers // Young scientist. – 2022. – No. 23 (418). – P. 171-173. – EDN WHLVON.
2. Kardanov A. K. Some issues of physical training of police officers, applied focus // Black holes in Russian legislation. – 2016. – No. 4. – P. 96-97. – EDN WMNFMZ.
3. Belova S. N., Zakharova E. E. The problem of excess weight of police officers and its negative impact on the performance of official duties // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 422-424. – EDN JFZGDS.
LAW ENFORCEMENT AGENCIES
GOLODOV Pavel Vasiljevich
Ph.D. in Law, associate professor, Head of Administrative and legal disciplines sub-faculty, Faculty of Law, Vologda Institute of Law and Economics of the FPS of Russia
CHETINA Anastasiya Andreevna
magister student, Faculty of Psychology and Law, Vologda Institute of Law and Economics of the FPS of Russia
SEPARATE PROBLEMS OF LEGAL REGULATION OF INTERACTION OF SUBJECTS OF RE-SOCIALIZATION, SOCIAL ADAPTATION AND SOCIAL REHABILITATION OF PERSONS REGISTERED IN THE PENAL INSPECTION
The article analyzes the organizational and legal aspects of the activities of subjects of re-socialization, social adaptation and social rehabilitation of persons registered in the penal inspection. A number of theoretical, legal and applied problems of their professional interaction have been identified, and proposals have been developed to improve legislation and law enforcement practice. There is a lack of normative algorithms for solving the most typical social problems of convicts, as well as mechanisms for their financing. It is proposed to create a state body coordinating the activities of probation subjects at the regional level, as well as the inclusion of local governments, municipal institutions, public organizations, commissions on juvenile affairs and protection of their rights among probation subjects. The implementation of probation should provide for proper parity of the social rights of former convicts with the rights of other citizens who find themselves in a difficult life situation.
Keywords: penal enforcement inspection, alternative punishments, probation, re-socialization, social adaptation, social rehabilitation, interdepartmental interaction
Article bibliography
1. Volkhovsky R. A. Theoretical and legal content of the activities of criminal-executive inspectorates for the resocialization of persons sentenced to punishments not associated with isolation from society // Law and Right. 2022. No. 2. P. 140-142.
2. Abaturov AI, Korovin AA Probation Service: Foreign Experience: Monograph / Under the general editorship of N. B. Khutorskaia. Kirov: Spektr-Print, 2013. 174 p.
3. Skiba AP Resocialization of convicts: some theoretical and legal aspects // Criminal-executive law. 2023. Vol. 18 (1-4), No. 4. P. 434–445.
4. Sukhov AN Social and psychological foundations of resocialization of convicts // Psychology and pedagogy of service activity. 2024. No. 1. P. 39-42.
LAW ENFORCEMENT AGENCIES
KUSHKHOV Khazhmurat Lionovich
senior lecturer of Theory and history of state and law sub-faculty, Institute of Law, Economics and Finance, Kabardino-Balkarian State University, Cherkessk
MASHUKOV Amur Safarbievich
lecturer of Fire training sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, colonel of police
ON SOME ASPECTS OF PROFESSIONAL COMPETENCE OF A POLICE OFFICER
The article examines aspects of professional competence of police officers required in extreme conditions of service, and in particular, during counter-terrorism operations. The most negative factor in this case is the lack of information, since this sometimes leads to the loss of precious time. It is concluded that the professional competence of an employee of the internal affairs bodies (IAB) during a counter-terrorism operation should include several key aspects: knowledge of legislation, tactical training, psychological stability, communication skills, analytical abilities, technical skills. These aspects allow for the effective performance of tasks within the framework of counter-terrorism operations.
Keywords: professional competence, extreme situation, motor skill, professional training, self-defense techniques, detention of a criminal.
Article bibliography
1. Baranov A. M. Historical and theoretical analysis of the relevance of tactical motor actions of law enforcement officers during counter-terrorism operations and other special events // Actual problems of physical and special training of law enforcement agencies. – 2021. – No. 3. – P. 11-18.
2. Ovchinnikov V. V. On the role of the internal affairs bodies of the Russian Federation in countering current terrorist threats // Current research. – 2023. – No. 36 (166). – P. 59-62.
3. Okhotnikov Yu. M. Features of the organization of psychological work with employees of internal affairs bodies during the preparation and implementation of operational-service activities in special conditions // In the collection: Professional education of employees of internal affairs bodies. Pedagogy and psychology of service activities: state and prospects (on the 20th anniversary of the foundation of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot). Collection of scientific papers of the VI International Conference. – Moscow, 2022. – P. 298-302.
4. Tarasenko A. A., Klykova E. V. Organizational and methodological aspects of training employees of internal affairs bodies for actions in small combat groups // Problems of law enforcement activity. – 2023. – No. 1. – P. 50-55.
5. Shuvalov A. P., Abrosimova E. M. Actual issues of tactical and special training of police officers for service in special conditions // Law and Order. – 2023. – No. 3. – P. 253-256.
LAW ENFORCEMENT AGENCIES
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system sub-faculty, Faculty of Engineering and Economics, Vologda Institute of Law and Economics of the FPS of Russia
CRITERIA FOR ASSESSING INDIVIDUAL NEED FOR RE-SOCIALIZATION, SOCIAL ADAPTATION AND SOCIAL REHABILITATION IN THE PROCESS OF PROBATION: CONTENT AND WAYS OF IMPROVEMENT
The article presents a scientific analysis of the types and content of criteria for assessing individual need for re-socialization, social adaptation and social rehabilitation of persons in respect of whom probation is applied. Based on the results of the conducted empirical research, suggestions for their improvement are given.
Keywords: probation, post-retirement probation, re-socialization, social adaptation, social rehabilitation, difficult life situation, criteria of need.
Article bibliography
1. Starostin S. A., Aniskina N. V. Probation Service in Russia: Policy Choice and Development Prospects // Penitentiary Science. – 2022. – Vol. 16, No. 2 (58). – P. 204-212.
2. Golodov P. V. Probation in the Russian Federation: Some Problems of Content and Legal Regulation // Penitentiary Science. – 2022. – Vol. 16, No. 2 (58). – P. 194-203.
3. Lityagin N. N. Revision and systematization of legislation // State and Law. – 2003. – No. 4. – P. 26-32.
LAW ENFORCEMENT AGENCIES
NAZAROVA Marina Grigorjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Humanitarian and socio-economic disciplines sub-faculty, Vladimir Law Institute of the FPS of Russia, colonel of the internal service
ABOUT SOME ETHICAL PROBLEMS IN THE ACTIVITIES OF AN EMPLOYEE OF THE PENAL ENFORCEMENT SYSTEM AND A CIVIL SERVANT
The article examines the features of professional morality of employees of the penal enforcement system. In the structure of professional culture, one of the most important elements is moral consciousness, which includes moral ideas, norms, ideals, and values. The author highlights the most important moral qualities necessary for the activities of employees of the penal enforcement system, among which responsibility, professionalism, humanity, patriotism, observance of the principles of honesty and justice, objectivity and impartiality, openness to interaction with others acquire the greatest importance. Among the risks of the development of modern society are the growth of tension in the world, natural disasters, complex psychological and stressful situations. Accumulated unresolved moral problems, stressful situations in service teams will lead to conflict situations, create tension in the team, worsen the moral and psychological climate, reduce the efficiency of employees, leading to a state of emotional burnout. Difficult situations of moral choice that arise before prison staff in their daily work should always be resolved from the position of “lesser evil” and not from the position of Machiavellianism, where the goal justifies any means, otherwise human health and life will be harmed, but from the position of humanism.
Keywords: moral consciousness, professional morality, an employee of the penal enforcement system, moral choice, moral law.
Article bibliography
1. Vinogradov V. V., Nazarova M. G. Professional and ethical foundations of social work in the penal system: textbook; Federal Penitentiary Service, Vladimir. Law Institute of the Federal Penitentiary Service, Department of Humanitarian Disciplines. – Vladimir: VYU FSIN of Russia, 2012. – 76 p.
2. Nazarova M. G. On the Problem of Modern Interpretation of I. Kant’s Ontological Doctrine // Worldview Paradigm in Philosophy: the Relationship between Ontology and Epistemology as a Philosophical Problem (on the 300th Anniversary of I. Kant): Collection of Articles Based on the Materials of the XIX International Scientific Conference, Nizhny Novgorod, January 20, 2024. – Nizhny Novgorod: Nizhny Novgorod State University of Architecture and Civil Engineering, 2024. – Pp. 133-134.
3. Nazarova M. G. Philosophy. Ethics and Aesthetics: Textbook; Federal Penitentiary Service, Vladimir. Legal Institute of the Federal Penitentiary Service. – Vladimir: VYU FSIN of Russia, 2022. – 92 p.
4. Kant’s Ethics and Modernity: Collection. – Riga, 1989.
5. Yushina O. A. Discourse on moral consciousness and its structure // Eurasian Law Journal. – 2024. – No. 7. – P. 86-87.
LAW ENFORCEMENT AGENCIES
TOMAS Artem Vladimirovich
lecturer of Physical training sub-faculty, Barnaul Law Institute of the MIA of Russia
SARGSYAN Aram Sergeevich
senior lecturer of Physical training sub-faculty, I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
POPTSOV Roman Viktorovich
Deputy Head of the Department – Head of the department (Department of Physical Training) OPP URLS of the Ministry of Internal Affairs of Russia in the Khabarovsk Territory
PROBLEMS OF MORAL AND PSYCHOLOGICAL PREPARATION FOR THE USE OF PHYSICAL FORCE BY A POLICE OFFICER OF THE RUSSIAN FEDERATION
The article examines the problems of a moral and psychological nature that arise among employees of internal affairs agencies when they use physical force against offenders and criminals. It is shown that for young police officers, due to the upbringing received in modern society, which condemns the use of physical measures in conflict situations, it is characteristic for an internal conflict to arise on this basis. The main causes of psychological stress and resistance to the need to use physical force in cases prescribed by law are investigated, measures are proposed to overcome these factors to increase the psychological readiness of law enforcement officers to apply physical coercion.
Keywords: use of physical force, law enforcement officers, police, internal conflict.
Article bibliography
1. Botvin I. V. Modernization of the criminal law in the era of digitalization // The penal system today: interaction of science and practice: Materials of the XXII All-Russian scientific and practical conference, Novokuznetsk, October 19-20, 2022 / Ed. A. G. Chirikov. Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2022. – P. 76-78.
2. Botvin I. V. Modern determinants of crimes against property // Almanac of young scientists: Collection of scientific articles. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – P. 47-50.
3. Thomas A. V. The place of physical training in the service activities of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: State and Law in the Era of Global Change. Materials of the international scientific and practical conference. Edited by D. L. Prokazin. – Barnaul, 2022. – P. 422-423.
4. Nikulenko A. V. The role of circumstances excluding the criminality of an act in the modern realities of combating crime // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (74). – P. 103-107.
5. Thomas A. V., Vasilkova E. V. Combat fighting techniques as one of the elements of the effectiveness of professional activities of police officers // Bulletin of the Barnaul Law Instituteand the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (32). – P. 67-69.
6. Yurkin D. V. Legal aspects of the procedure for the use of physical force by police officers // State and law in the era of global changes: Proceedings of the international scientific and practical conference, Barnaul, June 28-29, 2022 / Edited by D. L. Prokazin. – Barnaul: Federal State Budgetary Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2022. – P. 428-430.
LAW ENFORCEMENT AGENCIES
KHARAEV Azamat Arsenovich
Ph.D. in Law, senior lecturer, North Caucasus Institute for Advanced Training of the MIA of Russia (branch), Krasnodar University of the MIA, lieutenant colonel of police
MARTYNENKO Oleg Vladimirovich
senior lecturer, Volgodonsk branch, Rostov Law Institute of the MIA of Russia, major of police
ORGANIZATIONAL AND METHODOLOGICAL FOUNDATIONS OF FIRE TRAINING USING AIRSOFT WEAPONS IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This paper examines the issues of improving the fire training of employees of internal affairs bodies through the prism of organizational and methodological foundations using airsoft weapons in educational organizations of the Ministry of Internal Affairs of Russia. The most important component of the professional and personal development of cadets, students of educational organizations of the Ministry of Internal Affairs of Russia is their professional training in the system of the Ministry of Internal Affairs of Russia. The basis of professional training of employees of the Department of Internal Affairs of Russia in terms of fire preparedness is a deep understanding, knowledge, and skills of using all types of firearms in any operational and service environment in accordance with the procedure established by law.
Keywords: fire training, educational organization, law enforcement officers, professional training, airsoft guns.
Article bibliography
1. Barkalov S. N., Gerasimov I. V. Physical training of cadets of educational institutions of the Ministry of Internal Affairs of Russia: status, problems and ways of improvement // Society and Law: scientific and practical journal. 2014. No. 4 (50). P. 299-304.
2. Gritsenko L. I. Fundamentals of Integrative Learning // Education and Science. 2009. No. 5 (62). P. 3-12.
3. Gusev A. A. Integrated Approach to Service-Applied Physical Training of Students of Educational Institutions of the Ministry of Internal Affairs of Russia // Concept. 2014. Special Issue No. 20. P. 1-6.
4. Kosikovsky A. R., Litvin D. V., Korneeva M. P., Pyrchev S. V., Filimonov V. A., Mitin A. A., Zarypov V. Z. Pedagogical Aspects of Organizing Firearms and Physical Training in Territorial Bodies of the Ministry of Internal Affairs of Russia: A Teaching Aid. M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. 112 p.
5. Denisenko S. N., Smirnov A. Yu., Khrustalev A. M., Shterenberg I. G. Fire training: a tutorial. St. Petersburg: SPbGTI (TU), 2023. 214 p.
6. Stepanyuk V. I. Aspects of personal safety of employees of the internal affairs bodies // Scientific and practical journal. 2015. No. 2 (63). P. 174-176.
7. Urakov I. V. Fire training: a teaching aid. Nizhny Novgorod: NNSU im. N. I. Lobachevsky, 2020. 130 p.
8. Federal Law “On Police” dated 02/07/2011 No. 3-FZ (as amended on 08/08/2024).
9. Kharaev A. A., Kurskiyev T. A. Theoretical and practical issues of fire training of employees of the internal affairs bodies of the Russian Federation (on the example of professional training at the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia) // Issues of Modern Science and Practice. 2023. No. 2 (9). P. 91-94.
PROSECUTOR’S SUPERVISION
MAGOMEDOV Shamil Magomedzagirovich
postgraduate student. University of the Prosecutor’s Office of the Russian Federation
THE ACTS OF PROSECUTORIAL RESPONSE AND THEIR TYPES IN THE COMMONWEALTH OF INDEPENDENT STATES
The arsenal of means of prosecutorial activity, considering the voluminous and diverse subject of prosecutorial supervision outside the criminal law sphere, is a whole set of acts of the prosecutor aimed at identifying, preventing and eliminating violations. Meanwhile, in the conditions of normative uncertainty of the concept and systematization of such acts in the legal literature, there is a discussion about which documents of the prosecutor are justifiably and appropriately recognized as acts of response. The author shows the development of the scientific discussion in the interpretation of the concepts of “acts of prosecutorial response”, “acts of prosecutorial supervision”, and offers reasonable approaches to understanding and classifying acts of prosecutorial response.
Keywords: prosecutorial supervision, measures of prosecutorial response, comparative law, general supervision, acts of prosecutorial supervision.
Article bibliography
1. Baskov V. I. Course of prosecutorial supervision. – M.: Zertsalo, 1998.
2. Boykov A., Skvortsov K., Ryabtsev V. Problems of development of the status of the Russian prosecutor’s office (in the conditions of the transition period) // Criminal law. – 1999. – No. 2.
3. Vinokurov A. Yu. Problems of delimitation of the competence of prosecutors and state control (supervision) bodies in the context of Art. 77 of the Federal Law “On the general principles of organization of local self-government in the Russian Federation” // Actual problems of Russian law. – 2014. – № 8.
4. Ergashev E. R. On modern problems of legal regulation and application of acts of prosecutorial response in the Russian Federation and the Republic of Kazakhstan // Russian Law Journal. – 2016. – № 6.
5. Ergashev E. R., Gabysheva E. A. Legal means of the prosecutor: problems of understanding, application and legal regulation // Russian law: education, practice, science. – 2018. – № 5.
6. Zyubanov Yu. A. Commentary on the Federal Law “On the Prosecutor’s Office of the Russian Federation” (article by article). – M .: Prospect, 2018.
7. Ivanchenko E. A., Vorotilina T. V. Supervision of compliance with legislation on the territory of closed administrative-territorial entities and closed military towns // Legality. – 2024. – No. 4.
8. Kesareeva T. P. Acts of prosecutorial response in the implementation of supervision over the implementation of laws and the legality of legal acts: textbook. manual. – M.: University of the Prosecutor’s Office of the Russian Federation, 2019.
9. Kremneva E. V. Statement of claim (administrative statement of claim, application) as a measure of prosecutorial response // Prosecutor’s supervision over the implementation of laws outside the criminal law sphere: problems of theory and practice: monograph / Ed. N. V. Subanova. – M.: Prospect, 2023.
10. Krutikov M. Yu. Prosecutor’s response as a specific form of implementation of the human rights function of the state // State power and local self-government. – 2009. – No. 7.
11. Levskiy V.K. Institute of participation of the prosecutor in administrative cases in courts: from the imperial period to the present // Actual problems of Russian law. – 2020. – No. 12.
12. Filipenko S.V. Issues of bringing to disciplinary responsibility of employees of government bodies on the basis of the prosecutor’s submission // Legality. – 2021. – No. 5.
13. Filipenko S.V. Signs of acts of prosecutorial response // Russian Law Journal. – 2014. – No. 6.
14. Shcherba S.P. The prosecutor’s office in the CIS countries: legal status, functions, powers: scientific and educational manual. – M.: Exam, 2007.
15. Yastrebov V. B. Supervision of the implementation of laws as the main function of the prosecutor’s office // Problems of improving prosecutorial supervision. Materials of the scientific-practical. conf. – M., 1997.
SAFETY AND LAW
VARLAMOV Sergey Alexandrovich
Ph.D. in pedagogical sciences, associate professor of Criminal process sub-faculty, Kazan Law Institute of the MIA of Russia, colonel of police
KOCHESOKOV Rustam Khazhmudarovich
lecturer of Fire training sub-faculty, North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, captain of police
IMPROVING THE TRAINING SYSTEM FOR SUPPRESSION OF TERRORIST ACTIVITIES
The article examines the problematic issues of training employees of internal affairs agencies to act in the conditions of the legal regime of a counter-terrorist operation. It has been established that in order to successfully counter terrorism, the Ministry of Internal Affairs bodies need to use modern means, working methods of counteraction, and improve the level of training of employees. The main task is to prevent a terrorist act, minimize its consequences, and if the first cannot be fully accomplished, then it is necessary to ensure the safety of the civilian population and detain the guilty persons.
Keywords: theoretical training, tactical training, psychological training, legal regime of a counter-terrorist operation, rights and freedoms of citizens.
Article bibliography
1. Gandaloyeva T. A. Main directions of improving the organization of activities of territorial bodies of the Ministry of Internal Affairs of Russia to counter terrorist crimes // Gaps in Russian legislation. – 2019. – No. 6. – P. 172-175.
2. Zhukov D. V. Personal safety of police officers on duty in special conditions // In the collection: Current issues of fire and tactical-special training of law enforcement officers of the Russian Federation. Collection of articles. – Nizhny Novgorod, 2024. – P. 141-147.
3. Kireev M. P., Ovtsynov Yu. Yu., Krasikov A. S. Preparation and conduct of a counter-terrorism operation (organization and legal gaps) // Gaps in Russian legislation. – 2020. – No. 1. – P. 200-203.
4. Tokbaev A. A., Voskoboev A. I., Savchuk N. A. Improving the training of employees of internal affairs bodies to perform operational and service tasks in special conditions // Law and Management. – 2023. – No. 2. – P. 121-124.
5. Chursin V. V. Legal basis for the activities of the Russian Guard to ensure national security of the Russian Federation // In the collection: World scientific research and development in the era of digitalization. Collection of articles of the XV International scientific and practical conference. – Rostov-on-Don, 2021. – pp. 985-991.
SAFETY AND LAW
ZHURTOV Astemir Belyalovich
senior lecturer of Fire Training sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
DIKINOV Andzor Khasanbievich
Ph.D. in economic sciences, professor, leading researcher of the Department of Scientific Research and Innovation, Kh. M. Berbekov Kabardino-Balkarian State University, Cherkessk
CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF COMPUTER INFORMATION IN RUSSIA
The article discusses the prospects and some problems of using artificial intelligence technologies in anti-corruption activities. In the Russian Federation, as well as throughout the world, there is an annual increase in the number of corruption-related crimes, while it should be noted that the nature of corruption crimes committed has changed. One of the features of corruption crimes committed at present is that criminals actively use modern information technologies. This, in turn, significantly complicates the work of law enforcement agencies to combat corruption. The relevance of this study is also explained by the complex geopolitical situation; the Russian Federation is under sanctions pressure, which negatively affects the development of the state as a whole. These circumstances require increased attention of the state authorities to ensuring national security, and the increase in the number of corruption-related crimes leads to the emergence of vulnerable segments in terms of ensuring national security and internal political, socio-economic stability. The use of artificial intelligence technologies as one of the effective tools in the field of combating corruption has development prospects, but subject to the formation of a unified regulatory framework that takes into account the specifics of the implementation industry.
Keywords: computer information, cybercrime, information security, criminal liability, subject, information technology, blocking, legal protection, law enforcement officer.
Article bibliographiclist
1. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 08.08.2024).
2. Federal Law “On Communications” of 07.07.2003 No. 126-FZ (latest revision).
3. Federal Law “On Information, Information Technologies and Information Protection” of 27.07.2006 No. 149-FZ (latest revision).
4. Decree of the President of the Russian Federation of April 3, 1995 No. 334 “On measures to comply with the law in the field of development, production, sale and operation of encryption tools, as well as the provision of services in the field of information encryption” (with amendments and additions).
5. Decree of the President of the Russian Federation of 05.12.2016 № 646 “On approval of the Doctrine of information security of the Russian Federation”.
SECURITY AND LAW
PEKSHEV Alexey Viktorovich
Ph.D. in medical sciences, lecturer, O. E. Kutafin Moscow State Law University (MSAL)
ON THE ISSUE OF LEGISLATIVE PROVISION OF DRUG SAFETY
The article discusses the risks of biologically safe drug supply associated with the potential possibility of therapeutic prescriptions of dietary supplements as an alternative to medicines. A shortage of medicines or their shortage due to sanctions pressure cannot serve as a legitimate justification for leaving a patient without drug therapy.
Keywords: dietary supplements, biological safety, drug supply.
Article bibliography
1. Federal Law of 02.01.2000 No. 29-FZ “On the Quality and Safety of Food Products” // SZ RF. – 2004. – No. 2. – Art. 150.
2. Federal Law of 21.11.2011 No. 323-FZ “On the Fundamentals of Health Protection of Citizens in the Russian Federation” // SZ RF. – 2011. – No. 48. – Art. 6724.
3. Federal Law of 12.04.2010 No. 61-FZ “On the Circulation of Medicines” // SZ RF. – 2010. – No. 16. – Art. 1815.
4. Decree of the President of the Russian Federation of 07.05.2024 No. 309 “On the national development goals of the Russian Federation for the period up to 2030 and for the future up to 2036” // SZ RF. – 2024. – No. 20. – Art. 2584.
5. Order of the Government of the Russian Federation of 12.10.2019 No. 2406-r “On approval of the list of vital and essential drugs, as well as lists of drugs for medical use and the minimum range of drugs required to provide medical care” // SZ RF. – 2019. – No. 42 (Part III). – Art. 5979.
6. Order of the Government of the Russian Federation dated 07.06.2023 No. 1495-r “On approval of the Strategy for the Development of the Pharmaceutical Industry of the Russian Federation through 2030” // SZ RF. – 2023. – No. 26. – Art. 4827.
7. List of instructions following the meeting of the Council for Strategic Development and National Projects (approved by the President of the Russian Federation on 18.02.2024 No. Pr-295). [Electronic resource]. – Access mode: http://www.kremlin.ru as of 20.02.2024.
8. Phenazepam has run out in Russian pharmacies. [Electronic resource]. – Access mode: https://rtvi.com/news/v-rossijskih-aptekah-zakonchilsya-fenazepam/ (access date: 07.19.2024).
SAFETY AND LAW
KOTLYAROVA Oksana Nikolaevna
lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
TORYANIKOVA Irina Vitaljevna
lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
INFORMATION COUNTERACTION TO EXTREMISM: USAGE OF SOCIAL NETWORKS, COMMERCIAL PLATFORMS IN IDENTIFYING ACCOUNTS OF EXTREMIST ORIENTATION
The relevance of the topic is related to the objective need to study the issues of countering extremist ideas among young people in relation to modern conditions. In the article, the authors trace the existing trend of the younger generation towards the use of widespread telecommunication platforms, including those banned in the territory of the Russian Federation, through the use of which illegal content is distributed and consumed. The relevance of this problem is due, among other things, to the exposure of the youth’s unformed psyche to destructive appeals and manifestations.
Keywords: countering extremism, telecommunication platforms, youth, social networks, accounts.
Article bibliography
1. Zalivansky B.V. Technologies of information counteraction to extremism // Modern scientific research and innovation. – 2014. – No. 3. [Electronic resource]. – Access mode: https://web.snauka.ru/issues/2014/03/32751 (date of access: 01.08.2024).
2. Elmurzaev S. M. Prevention of extremist crimes // Stolypin Bulletin. – 2022. – Pp. 5686-5693.
3. Ganaeva E. E. Prevention of extremism in the youth community: issues of theory and practice // Agrarian and land law. – 2020. – No. 9 (189). – Pp. 198-202.
SAFETY AND LAW
KUSHKHOV Khazhmurat Lionovich
senior lecturer of Theory and history of state and law sub-faculty, Institute of Law, Economics and Finance, Kabardino-Balkarian State University, Cherkessk
SHOROV Aslan Alexeevich
lecturer of Fire training sub-faculty, North Caucasian Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
MAIN DIRECTIONS OF COUNTERACTION TO DESTRUCTIVE IDEOLOGY ON THE INTERNET
The article examines ways of detecting destructive ideology on the Internet and problematic aspects of countering this phenomenon. The Internet is used to distribute most of the prohibited content, maintain direct contact with the public, recruit new members, and organize public events. It has been established that problems in society and the political sphere, even personal problems of citizens, can lead to additional risks associated with destructive activity, since it becomes easier for criminals to involve the population in this activity. It has been concluded that in order to counter this phenomenon, it is necessary to take a number of monitoring measures, study the activities of specialists undergoing training in foreign religious centers, and track their actions upon arrival in the Russian Federation.
Keywords: destructive ideology, conflict, detection, counteraction, prohibited content.
Article bibliography
1. Azhmukhamedov I. M., Vesnintseva A. A. Directions for countering the spread of extremist ideology on the Internet // In the collection: Problems of comprehensive security of the Caspian macroregion. Collection of scientific articles based on the materials of the international scientific and practical conference. Under the general editorship of A. P. Romanova, D. A. Chernichkin. – Astrakhan, 2021. – P. 134-141.
2. Yesunina Yu. A. The influence of destructive behavior patterns in the media on the formation of the ideology of terrorism among young people // In the collection: XXVIII Nizhny Novgorod session of young scientists (humanities, technical, natural sciences). Articles and theses of young scientists. – Nizhny Novgorod, 2023. – P. 401-405.
3. Zabayrachnaya E. O. The existence of the ideology of extremism and terrorism on the Internet: problems and solutions // In the collection: Researcher of the Year 2023. Collection of articles of the International Research Competition. – Petrozavodsk, 2023. – P. 139-146.
4. Plyasunova E. S. Destructive movements as a threat to Russia’s national security // In the collection: Actual problems of countering the ideology of extremism and terrorism among young people. Collection of reports of the International scientific and practical conference. Comp. V. I. Borisovsky, under the general editorship of S. N. Glagolev. – Belgorod, 2023. – P. 282-292.
5. Sarapkina E. N. Improving legal mechanisms to counter the involvement of young people in extremist and terrorist crimes // Monitoring of law enforcement. – 2023. – No. 1 (46). – pp. 44-58.
EDAGOGY AND LAW
AGABALAEV Mukhamed Imedinovich
Ph.D. in Law, Humanitarian disciplines sub-faculty, Rector of the Private Educational Institution of Higher Education Social and Pedagogical University
PROBLEMS OF INTERACTION BETWEEN THE ACTIVITIES OF JUVENILE AFFAIRS UNITS IN THE PREVENTION OF NEGLECT AND JUVENILE DELINQUENCY WITH EDUCATIONAL INSTITUTIONS
The article examines the problems of interaction between juvenile affairs units and educational institutions in the context of the prevention of neglect and delinquency among young people. The article analyzes the existing difficulties in cooperation, including lack of information, lack of clear mechanisms of interaction and differences in approaches to working with minors. Special attention is paid to the role of educational institutions in detecting and preventing offenses, as well as the need for an integrated approach to addressing these issues.
Keywords: educational institutions, prevention, minors, neglected children.
Article bibliography
1. Bezhetsentsev A. A. Improving the activities of juvenile inspectors of the internal affairs bodies assigned to educational institutions // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2010. – No. 1 (5). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-deyatelnosti-inspektorov-po-delam-nesovershennoletnih-organov-vnutrennih-del-zakreplennyh-za-obrazovatelnymi(date of access: 11/13/2024).
2. Gamzina A. V. On the issue of the need for limited participation in operational-search activities of units for minors and district police officers // Bulletin of the Siberian Legal andInstitute of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (48). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-neobhodimosti-ogranichennogo-uchastiya-v-operativno-rozysknoy-deyatelnosti-podrazdeleniy-po-delam-nesovershennoletnih-i (date of access: 11/13/2024).”
3. Mazdagova Z. Z. Activities of the juvenile affairs inspector in interaction with educational institutions // Theory and practice of social development. – 2015. – No. 8. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deyatelnost-inspektora-po-delam-nesovershennoletnih-po-vzaimodeystviyu-s-obrazovatelnymi-uchrezhdeniyami (date of access: 11/13/2024).
4. Marianov A. A., Abdullaev G. M. The role of the district inspector in the prevention of juvenile delinquency // News of the DSPU. Social and humanitarian sciences. – 2014. – No. 3 (28). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-uchastkovogo-inspektora-v-profilaktike-pravonarusheniy-nesovershennoletnih (date of access: 11/26/2024).
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of Employment Problems of Convicts and Economic Problems of the Functioning of the Penal Correction System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ABOUT THE PROBLEMS OF PSYCHOCORRECTION OF JUVENILE CONVICTS
Juvenile convicts represent a special category of offenders whose mental state is often destroyed due to various factors. Psychological correction of juvenile convicts is an important task aimed at their rehabilitation and integration into society. The article deals with the organization of psychocorrective work with juvenile convicts. The article emphasizes the importance of creating effective and accessible psychocorrection programs for the successful integration of minors into society.
Keywords: penal enforcement system, juvenile convicts, Federal Penitentiary Service of Russia, psychological correction, educational colonies, mental disorders, personality traits.
Article bibliography
1. Psychology. Illustrated dictionary. – St. Petersburg, 2007. – P. 464.
2. Lesnikov G. Yu., Samoilova A. A. Taking into account the psychological state of a juvenile convict in the process of correction // Anthropogogy. – 2023. – No. 1 (9). – P. 51-55.
3. Kozlova I. V., Mishin A. A., Kuznetsov A. A. Features of the organization of educational work with juvenile convicts // Prospects of Science. – 2024. – No. 5 (176). – P. 228-230.
4. Kozhevnikova E. N., Gursky A. V., Arkanov Yu. M. Features of the application of psychological and pedagogical programs in working with conditionally sentenced minors // Global scientific potential. – 2019. – No. 8 (101). – P. 36-38.
5. Bovin B. G. Psychocorrection of aggressive behavior of adolescents in correctional colonies // Models and technologies for providing psychological assistance to children and adolescents in extreme situations: Collective monograph / Under the general editorship of A. V. Kokurin, V. I. Ekimova, E. A. Orlova. – Perm: IP Sigitov T. M., 2018. – P. 84-96.
6. Tsarkova E. G., Zorina N. S. Moral and patriotic education of juvenile convicts serving sentences in correctional colonies // Eurasian Law Journal. – 2024. – No. 5 (192). – pp. 497-498.
EDAGOGY AND LAW
KARAMELSKIY Ruslan Valerjevich
Ph.D. in sociological sciences, senior lecturer of Tactical-special and fire training sub-faculty, Kazan Law Institute of the MIA of Russia, major of police
YAITSKAYA Elena Alexandrovna
Ph.D. in economical sciences, associate professor, Head of Commodity science, tourism and law sub-faculty, V. M. Kokov Kabardino-Balkarian State Agrarian University, Cherkessk
TRENDS IN THE TRANSITION FROM TRADITIONAL TEACHING MATERIALS TO DIGITAL EDUCATIONAL RESOURCES
The article examines the problematic issues of the transition of the educational system of the Ministry of Internal Affairs of Russia to digital educational resources through modern information technologies. It has been established that the use of various software and modern methods of presenting information is the main idea of improving educational resources. The transition of the learning process to a new educational environment, to a digital format, is the main vector of development, as it makes education more accessible to people from remote regions, people with limited mobility, who for various reasons cannot physically attend lectures at the chosen university.
Keywords: digital educational resources, software, modernization of education, training programs.
Article bibliography
1. Antyukhova E. A. Chapter 14. Processes of transformation of Russian higher education in the context of a pandemic // In the book: World politics in the era of COVID-19. Responsible. editors M. M. Lebedeva, D. A. Kuznetsov. – Moscow, 2022. – Pp. 237-282.
2. Basyuk V. S. Modern trends in training teachers in the context of rapidly changing social challenges // Bulletin of Moscow University. Series 20: Pedagogical education. – 2022. – Vol. 20, No. 3. – P. 38-55.
3. Komarova E. P., Tigrov V. P., et al. Innovative digital transformation as a mode of professional education // Study guide. – Voronezh, 2024.
4. Kotlyarova I. O. Sustainability of continuous education development: trends and problems // Bulletin of the South Ural State University. Series: Education. Pedagogical sciences. – 2024. – Vol. 16, No. 2. – P. 5-16.
5. Mozhaev E. E. Priority trends in the development of additional professional education in the context of digitalization // In the collection: Science and education in the context of global challenges. Collection of articles in 2 volumes based on the results of the Fifth Professorial Forum 2022. – Moscow, 2023. – Pp. 164-169.
6. Filicheva T. A. Digital transformation of education: development trends // In the collection: Intercultural communication and digitalization within the framework of national projects in the Russian Federation. Collection of articles and materials of the round table within the framework of the XVI International scientific and practical conference “Traditions and innovations in public and municipal administration: national development goals and regional priorities.” – 2022. – Pp. 41-49.
7. Yakushev A. Zh., Turkovsky S. R. Analysis of trends in the development of higher education during digital transformation // Economy and management: problems, solutions. – 2023. – Vol. 5, No. 2 (134). – pp. 124-133.
EDAGOGY AND LAW
KORKMAZOV Alim Viktorovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL PROTECTION OF HUMAN DEVELOPMENT AND PERSONALITY DEVELOPMENT AS A SINGLE EDUCATIONAL PROCESS
Article is devoted to the study of the relationship between legal protection of the individual and educational aspects of the educational process. In the conditions of modern society, education is considered not only as a tool for knowledge transfer, but also as a key factor in the formation of personality. The author focuses on the integration of legal norms into educational programs in order to ensure comprehensive protection of students’ rights and promote their personal growth. The article analyzes various aspects of legal protection as a necessary condition for the harmonious development of the individual, including the creation of a safe educational environment and respect for the individual characteristics of each student. The importance of recognizing the legal status of participants in the educational process and the need for targeted education of civic responsibility are emphasized. The study proposes a concept of education as a single process that combines legal protection and educational tasks, stimulating the development of a socially responsible and law-conscious individual.
Keywords: legal protection, education, upbringing, personality.
Bibliographic list of articles
1. Educational law: textbook / S. V. Barabanova. – Ekaterinburg: Publishing house Ros. state prof.-ped. University, 2021. – 144 p.
2. Bakharev AV Development of an inclusive education model. Text: direct // International experience. Knowledge. Understanding. Skill. – 2014. – No. 2. – P. 330-335.
3. Syrykh VM Introduction to the theory of educational law. – Moscow: Gotika, 2022. – 400 p.
4. Khairullin VA, Makar SV, Bondarenko AV, Yarasheva AV KD Ushinsky’s man as an antipode to the Western system of values homo economicus // Discussion. – 2023. – No. 6 (121). – P. 6-26.
EDAGOGY AND LAW
KUCHMEZOV Rasul Abdulmudalifovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, major of police
THE LEGAL PRINCIPLES OF A TEACHER DEFINING PEDAGOGICAL ACTIVITY IN TEACHING DISCIPLINES TO UNIVERSITY STUDENTS
The article is devoted to the analysis of the legal principles that determine the pedagogical activity of teachers in higher educational institutions (universities) in Russia. In the context of the modern educational process, where the emphasis is on the quality of education and respect for the rights of students, legal norms play a key role in shaping the educational environment. The key legislative documents that regulate the work of teachers, including the Federal Law “On Education in the Russian Federation”, as well as various by-laws and regulations related to the educational process, are analyzed. Special attention is paid to principles such as legality, humanism, accessibility and equality, professionalism, responsibility, which serve as the basis for the development of curriculum and programs. The article also analyzes examples of the application of these principles in practice, as well as their impact on the quality of the educational process and the development of professional competence of teachers. The conclusion emphasizes the importance of compliance with legal norms in teaching activities as a condition for creating an effective and safe educational environment conducive to the development of students and their preparation for professional activity.
Keywords: legal principles, pedagogical activity, prevention, educational environment, professional competence.
Article bibliography
1. Kovalenko O. G., Shishkina N. A. Pedagogical activity of a teacher in teaching disciplines to university students // Young scientist. – 2015. – No. 21 (101). – P. 790-792.
2. Nadelshina O. A. Legal regulation of qualification requirements for the teaching staff of higher education. – Text: direct // Young scientist. – 2024. – No. 44 (543). – P. 337-340.
3. Smirnova M. S., Listratov I. V., Yun D. A. Legal regulation of qualification requirements for the teaching staff of higher educational institutions // Legal research. – 2023. – No. 3.
4. Kanukoev A. M., Kodzokov A. Kh. The impact of information technology on the learning process of students of educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 3 (178). – P. 402-403.
5. Suleimanova R. R., Nasyrova E. V. Modern digital practices and technologies in university humanities // Discussion. – 2024. – No. 6 (127). – pp. 19-25.
EDAGOGY AND LAW
USTINOVA Oksana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of Marketing and municipal management sub-faculty, Tyumen Industrial University
ZAKHAROVA Anastasiya Vasiljevna
senior lecturer of Physical education sub-faculty, Tyumen Industrial University
THE RIGHT OF STUDENTS TO ENGAGE IN PHYSICAL EDUCATION AT THE UNIVERSITY: THE PEDAGOGICAL ASPECT
Based on the analysis of previously conducted sociological studies, as well as the results of a survey of students of Tyumen Industrial University, the factors preventing the realization of students’ rights to physical education at the university have been identified. Special attention, in the context of the realization of students’ rights, is paid to the level of pedagogical support of the discipline, which means not only staffing such, but also its methodological and individual, and psychological and personal support.
Keywords: students’ rights, physical education, students, teacher, higher education institution, satisfaction with learning, educational process.
Article bibliography
1. Burdina N. N., Garipova A. Z. Physical education in the university: the problem of attendance and its solution // Psychology, sociology and pedagogy. – 2016. – No. 1. [Electronic resource]. – Access mode: https://psychology.snauka.ru/2016/01/6303 (date of access: 10.10.2024).
2. Vershinin S. E. Students’ attitudes towards physical education and sports in a modern Russian university (on the example of Ural State University named after A.M. Gorky). – Ekaterinburg, 2004. [Electronic resource]. – Access mode: http://www.werschinin.ru/%3Fml%3D27 (date of access: 01.10.2024).
3. Skok N. I., Kondratieva A. D. Social mobility of Russian youth. – Text: direct // Society: sociology, psychology, pedagogy. – 2016. – No. 4. – P. 10-13.
4. Smirnova I. A., Glukhova A. N. Physical education of student youth // In the collection of materials of the International scientific and practical conference named after D. I. Mendeleyev, dedicated to the 90th anniversary of Professor R. Z. Magaril. – Tyumen, 2022. – P. 215-217.
5. Subbotin V. Ya. Analysis of the attitude of students of a technical university to active physical education // In the collection: GTO: implementation practice. materials of the All-Russian studentconference within the framework of the implementation of the program for the development of student associations and the all-Russian youth project “GTO Students”. – 2015. – P. 116-120.
6. Chaikovskaya M. V., Kuznetsova N. V. et al. Search for resources for the formation of a healthy lifestyle among student youth // In the collection of reports of the XXI International scientific and practical conference “Water resources – the basis for sustainable development of settlements in Siberia and the Arctic in the 21st century”. – Tyumen, 2019. – P. 396-400.
7. Yurchenya I. N., Bogdanchik N. V., Kasperovich E. V., Shopin A. V., Omelusik O. V. Problems of attendance of physical education classes among modern students. [Electronic resource]. – Access mode: https://elib.bsu.by/bitstream/123456789/55657/1/%D0%AE%D1%80%D1%87%D0%B5%D0%BD%D1%8F.pdf (date accessed: 10.10.2024).
8. Yusupov Sh. R., Yakubov B. I., Yusupov R. A. Satisfaction of university students with physical education and sports: alternative methods of sociological research (on the example of metamorphic techniques) // Science and Sport: Modern Trends. – 2020. – No. 2 (Vol. 8). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/udovletvorennost-studentov-vuzov-zanyatiyami-fizicheskoy-kulturoy-i-sportom-alternativnye-metody-sotsiologicheskih-issledovaniy-na/viewer (access date: 10/01/2024).
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
FORMATION OF PROFESSIONAL CULTURE OF CADETS OF EDUCATIONAL ORGANIZATIONS OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION
The article examines the issues of formation of the professional culture of cadets of educational institutions of higher education, which is a set of knowledge, skills, values and norms of behavior. The components of professional culture, the role of departmental universities in its development, as well as aspects of its influence on the formation of professional identity of students of educational organizations of the penal correction system of the Russian Federation (UIS) are analyzed. The factors influencing the quality of training of future employees of the UIS, their professional identification and the effectiveness of further practical work are considered. Special attention is paid to the importance of ethical norms and values in the formation of the professional identity of cadets. A high level of professional culture is considered as a predictor of successful employee performance and an incentive for his further professional self-improvement.
Keywords: Penal System of the Russian Federation, professional education, educational organizations of the Federal Penitentiary Service of Russia, educational process, professional identification, personal characteristics, professional culture.
Article bibliographic list
1. Order of the Government of the Russian Federation of 04/29/2021 No. 1138-r (as amended on 05/27/2023) “On the Concept of Development of the Penal System of the Russian Federation for the Period up to 2030” (Collected Legislation of the Russian Federation, 2021, No. 20, Art. 3397).
2. Yunusov E. A. Professional culture of future specialists of the penal system // Bulletin of public research laboratory “Interaction of the penal system with civil society institutions: historical, legal and theoretical and methodological aspects”. – 2020. – No. 19. – P. 170-174.
3. Kolotushkin S. M., Olenyev M. G. Formation of professional culture of training employees of the penal system // Psychological and pedagogical aspects of training personnel for professional activities in extreme conditions: Collection of scientific papers of the International scientific and practical conference, St. Petersburg, May 14, 2021. – Saint Petersburg: Saint Petersburg University of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, 2021. – P. 428-433.
4. Votinov A. A. Formation of professional culture of cadets as a necessary condition for the development of a penal system employee // Bulletin of the Samara Law Institute. – 2019. – No. 5 (36). – P. 110-114.
5. Tyumeneva N. P., Kashintseva I. L. Experience of formation of spiritual and moral values of cadets and students of educational organizations of the Federal Penitentiary Service // Man: crime and punishment. – 2020. – Vol. 28, No. 4. – P. 639-645. – DOI 10.33463/2687-1238.2020.28(1-4).4. 639-645.
EDAGOGY AND LAW
SHALAGINA Aigul Kamilevna
lecturer of Pedagogy and psychology in the field of physical education and sports sub-faculty, Volga Region State University of Physical Education, Sports and Tourism, Kazan
KOCHESOKOV Rustam Khazhmudarovich
lecturer of Fire training sub-faculty, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, captain of police
ISSUES OF MORAL AND PSYCHOLOGICAL READINESS OF STUDENTS OF DEPARTMENTAL UNIVERSITIES TO PERFORM PROFESSIONAL TASKS
The article examines the importance of moral and psychological training of students of departmental universities for the successful performance of professional tasks. The main components of this type of training are psychological stability, ethics and morals, teamwork, and mental health support. It has been established that students should receive clear moral and legal guidelines that help police officers effectively perform their duties, maintain public trust, and promote the strengthening of law and order. Moreover, these guidelines play a key role in the formation of professional ethics and ensuring law and order.
Keywords: moral and psychological training, psychological stability, stress resistance, moral values.
Article bibliography
1. Gaidash A. I. On the issue of value-semantic perception of professional competencies // Methods and mechanisms for implementing the competence-based approach in psychology and pedagogy: a collection of articles based on the results of the International scientific and practical conference / Ed. Sukiasyan Asatur Albertovich. – Sterlitamak, 2020. – P. 13-17.
2. Chapter 1. Professional pedagogy for universities that train personnel in the interests of ensuring law and order // In the book: “Pedagogical workshop”: professional additional training of teachers in educational organizations that train personnel in the interests of ensuring law and order (on the example of universities of the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia). Biochinsky I.V., Kochin A.A. Samara, 2022. – P. 9-60.
3. Kanukoev A.M. Moral, psychological and physical training of students of educational organizations of the Ministry of Internal Affairs of Russia // Law and Management. – 2024. – No. 6. – P. 132-136.
4. Stepanov D. S., Yazovsky P. V., Lyakhova P. V. Moral and psychological training of cadets and students of educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Actual issues of increasing the efficiency of fire training in law enforcement agencies: theory and practice (IV Makarov Readings). All-Russian collection of scientific and practical conference materials. – Perm, 2024. – P. 275-279.
5. Shepelev S. V. Physical and moral-psychological training in educational organizations of the Ministry of Internal Affairs of Russia as a fundamental method of improving the activities of internal affairs bodies in preventing, solving and investigating crimes // In the collection: Training of personnel for law enforcement agencies: modern trends and educational technologies. Proceedings of the twenty-eighth All-Russian scientific and methodological conference. – Irkutsk, 2023. – pp. 58-62.
EDAGOGY AND LAW
KHALMETOV Timur Anvarovich
Ph.D. in pedagogical sciences, associate professor of Criminology and criminal-executive law sub-faculty, Kazan Law Institute of the MIA Russia, colonel of police
YAITSKAYA Elena Alexandrovna
Ph.D. in economical sciences, associate professor, Head of Commodity science, tourism and law sub-faculty, V. M. Kokov Kabardino-Balkarian State Agrarian University, Cherkessk
WAYS OF FORMING PROFESSIONAL QUALITIES IN THE EDUCATIONAL PROCESS OF A DEPARTMENTAL UNIVERSITY
Transformations of modern society determine the formation of specific requirements that are imposed on the professional training of personnel in the law enforcement industry. This affects the growth of the need to improve educational processes in the framework of training students of educational organizations of the Ministry of Internal Affairs of Russia and improve the quality of their training. The article examines the principles of the educational process, which are designed to bring the educational process to meet modern professional requirements, as well as to form a set of civic, moral, spiritual, cultural qualities of the individual in students and develop skills and abilities in the field of operational and service activities.
Keywords: educational organizations of the Ministry of Internal Affairs of Russia, public order protection, professional qualities.
Article bibliographic list
1. Kryzhevskaya N. N., Maksimenko M. V. Formation of professionally important qualities in the educational process of a departmental university // Education. Science. Scientific personnel. – 2020. – No. 4. – P. 302-303.
2. Kuznetsova D.A. Cadets’ ideas about professionally important qualities of penitentiary psychologists // Bulletin of the Voronezh State University. Series: Problems of Higher Education. – 2020. – No. 1. – P. 69-74.
3. Levchenko A. A. Implementation of educational and professional activities in the educational process of cadets and students of the Ministry of Internal Affairs of Russia // Actual problems of combating crimes and other offenses. – 2023. – No. 23-2. – P. 258-259.
4. Startsev A. M. Scientific pedagogical tasks of improving special training in educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of Economic Security. – 2022. – No. 4. – P. 315-319.
5. Frankovskaya K. D. Formation of a positive image of a police officer at the training stage in educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Law and order in Russia: problems of improvement. Collection of materials of the XIV All-Russian conference. – Moscow, 2020. – P. 271-273.
6. Shinkarev M. A., Kugno E. E., Egoshin I. V. Influence of personal qualities on the professional activity of an employee of the Internal Affairs Directorate // In the collection: Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies. Materials of the international scientific and practical conference. Responsible. editor S. M. Struganov. – Irkutsk, 2022. – P. 157-161.
EDAGOGY AND LAW
KORKMAZOV Alim Viktorovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL NORMS REGULATING INNOVATIVE METHODS OF SOCIO-PEDAGOGICAL PREVENTION OF DEVIANT BEHAVIOR AMONG ADOLESCENTS
The article is devoted to the analysis of legal norms regulating innovative methods of socio-pedagogical prevention of deviant behavior among adolescents. In a modern society characterized by rapid social changes and the growth of deviant manifestations, the importance of legal regulation of preventive measures is becoming especially relevant. The paper examines existing legislative acts and regulatory documents aimed at protecting the rights of adolescents and creating a safe social environment. Special attention is paid to innovative approaches, such as the use of digital technologies, social adaptation programs and interdepartmental interaction. The article also analyzes the effectiveness of these methods in the context of legal support and offers recommendations for improving legislation in the field of prevention of deviant behavior. The results of the study may be useful for educators, social workers and human rights defenders seeking to create a more effective prevention system among young people.
Keywords: analysis of legal norms, innovative methods, prevention, deviant behavior, protection of the rights of adolescents, effectiveness of legal support.
Bibliographic list of articles
1. Putin instructed the Prosecutor General’s Office to strengthen work on the rights of minors / RIA Novosti. [Electronic resource]. – Access mode: https://ria.ru/20240326/nesovershennoletnie-1935913504.html
2. Prosecutor’s supervision over the implementation of laws on the prevention of neglect and juvenile delinquency: manual / [head of the team D. I. Erezhipaliev et al.]; Prosecutor General’s Office of the Russian Federation; University of the Prosecutor’s Office of the Russian Federation. – M., 2021. – 168 p.
3. Investigation and prevention of crimes committed by minors or against minors: materials of the All-Russian scientific and practical conference (Novosibirsk, December 20, 2023). – M.: Moscow Academy of the Investigative Committee named after A. Ya. Sukharev, 2024. – 176 p.
4. Actual problems of protecting the rights and legitimate interests of minors: collection of materials of the round table (Moscow, June 2, 2022) / under the general editorship of R. V. Zhubrin; [scientific editor D. I. Erezhipaliev; compiled by O. V. Morozova, M. L. Ogurtsova]; University of the Prosecutor’s Office of the Russian Federation. – M., 2022. – 188 p.
5. Khairullin V. A., Makar S. V., Bondarenko A. V., Yarasheva A. V. K. D. Ushinsky’s man as an antipode to the Western system of values homo economicus // Discussion. – 2023. – No. 6 (121). – P. 6-26.
PSYCHOLOGY AND LAW
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty, Institute of Social Sciences, Irkutsk State University
LOZHKINA Natalya Vladimirovna
Ph.D. in psychological sciences, senior researcher of the Department for the Study of Problems of Psychological Support of Operational and Official Activities of the Department for the Study of Problems of Industry Management of the Research Center, Academy of Management of the MIA of Russia
PROBLEMS OF BULLYING AND CYBERBULLYING IN EDUCATIONAL INSTITUTIONS
The article reveals the issue of bullying and cyberbullying in educational institutions. The main forms of manifestation of these phenomena, causes and consequences for communities and society as a whole are considered. The results of the study are presented, which show the dynamics of bullying and cyberbullying from 2022 to 2024. The author analyzes in detail various aspects of bullying and cyberbullying, including their impact on the psychological state and development of children and adolescents, as well as on the educational environment in general. The study covers a wide range of manifestations of bullying, from physical attacks to psychological pressure and harassment on the Internet.
Keywords: bullying, cyberbullying, aggression, socialization, social security.
Article bibliography
1. Ardashev R. G. Cybersuicide and cyberbullying in modern society // Sociology. – 2022. – No. 6. – P. 32-38.
2. Ardashev R. G. Bullying in educational institutions // Social consolidation and social reproduction of modern Russian society: resources, problems, prospects. Proceedings of the X International scientific and practical conference. – Irkutsk, 2024. – P. 280-286.
3. Ardashev R. G. Irrational foundations of suicidal behavior of young people // Sociology. – 2022. – No. 3. – P. 39-46.
4. Ardashev R. G. Criminal suicide in schools: social dimension // Sociology. – 2022. – No. 5. – P. 20-27.
5. Ardashev R. G. Mass murders in schools as an act of declaring oneself // In search of social truth: materials of the IV International scientific and practical conference. Irkutsk, November 28, 2022. – Irkutsk: Irkutsk State University, 2022. – P. 278-285.
6. Ardashev R. G. Suicidal behavior among young people: irrationality of perception // Alma Mater (Higher School Bulletin). – 2022. – No. 7. – P. 41-45.
7. Polyushkevich O. A. Norms of solidarity after mass violence // The problem of the relationship between the natural and the social in society and man. – 2019. – No. 10. – P. 120-122.
8. Polyushkevich O. A. Stigmatization: analysis within the framework of I. Hoffman’s concept // Philosophy of health: an integral approach. Interuniversity collection of scientific papers. – Irkutsk, 2019. – P. 24-29.
9. Polyushkevich O. A., Ivanov R. V., Zhuravleva I. A., Zavyalov A. V. The Impact of the Terrorist Attack of October 17, 2018 in Kerch on the Mental Ecology of Russian Society Based on a Mass Survey of the Population of the Irkutsk Region and Content Analysis of Internet Resources and the Media // Human Ecology. – 2021. – No. 8. – P. 42-49.
10. Shchetinina E. V. Internet Social Networks: Popularization of the “Culture of Death” Among Teens // Electronic Scientific and Publicistic Journal “Homo Cyberus”. – 2018. – No. 2 (5). [Electronic resource]. – Access mode: http://journal.homocyberus.ru/ socialnye_seti_Interneta_populyarizaciya_k.
PSYCHOLOGY AND LAW
KLIMOV Sergey Nikolaevich
Ph.D. in philosophical sciences, professor of Philosophy, sociology and history sub-faculty, Russian University of Transport (MIIT)
RAZINKOVA Oksana Igorevna
Ph.D. in philosophical sciences, professor of Philosophy sub-faculty, Russian University of Transport (MIIT)
ZAYTSEV Edgard Alexandrovich
postgraduate student, Far Eastern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Khabarovsk, Head of educational licensed site, clinical and family psychologist, master of psychological and pedagogical education
ON THE IMPORTANCE AND NECESSITY OF PSYCHOLOGICAL REHABILITATION OF SMO PARTICIPANTS AND THEIR FAMILIES (USING THE METHOD OF CLINICAL PSYCHOLOGIST E. ZAITSEV)
Тhe article considers the importance of psychological rehabilitation of former combatants, their families, and residents who found themselves in the areas of special military operations. As a result of consideration of various aspects of negative psychological consequences after the end of combat factors, a conclusion was made about the importance of rehabilitation to restore personal resources and adapt a serviceman to civilian life. No less important is the psychological support of relatives and friends of military personnel who find themselves in a state of confusion and misunderstanding of what is happening, experiencing anxiety, fear, and helplessness. The article describes the features of the author’s psychological program of E. Zaitsev, which has practical significance and is aimed at the recovery of servicemen after injuries, promoting internal healing, achieving psychological balance, etc.
Keywords: combatant, SMO, psychological trauma, family, fear, emotions, anxiety, psychosomatics, behavior, conflict, condition.
Article bibliography
1. Whitehead M. Counseling a person in a state of grief: a model of assistance // Psychology of maturity and aging. – 2002. – No. 1 (17). – P. 27-44.
2. Vasilyuk F. E. Surviving grief // About the human in man / Ed. I. T. Frolov. – Moscow: Politizdat, 1991.
3. Worden V. D. Counseling and therapy of grief. A manual for specialists in the field of mental health. – M., 2021
4. Karayani A. G., Karayani Yu. M. Psychological consequences of war and socio-psychological readaptation of combatants // Bulletin of SUSU. Series “Psychology”. – 2014. – Vol. 7, No. 4. – P. 59-66.
5. Malkina-Pykh I. G. Extreme situations. – M.: Eksmo Publishing House, 2005 @@ Ambrumova A. G. Psychology of suicide // Social and clinical psychiatry. – 1996. – No. 4. – P. 26.
6. Menovshchikov V. Yu. Psychological counseling. Working with crisis and problem situations. – M.: Smysl, 2005.
7. Psychology of crisis and extreme situations: a tutorial. – SPb.: Publishing house of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2022. – 116 p.
8. Tarabrina N. V. Practical training in the psychology of post-traumatic stress. – SPb.: Piter, 2001. – 272 p.
9. Scheglova E. S., Surkova I. Yu. Dynamics of manifestation of military syndrome: structural-functionalist perspective // Bulletin of the Volga Region Academy of Public Administration. – 2010. – No. 1 (22). – P. 145-151.
SPORTS LAW
ASADULLIN Murad Rinatovich
Ph.D. in Law, associate professor of Political sciences sub-faculty, Ufa University of Science and Technology
INSTITUTIONALIZATION OF SPORTS RULES: CURRENT STATE AND DEVELOPMENT PROSPECTS
The article raises the problem of institutionalization of sports rules. Attention is drawn to the fact that when using the concept of “institutionalization” in law, issues of the structure of the legal array come to the fore, even if the norms go beyond the sectoral division. Institutionalization can also be associated with structural changes (the emergence of new institutional formations) if it strengthens internal ties and strengthens sport in the life of society. Attention is drawn to the fact that it is necessary to critically evaluate the use of the organizational and legal form of “public organization” in sports, which does not have a clear regulatory regulation of the decision-making process, their correlation with membership relations; their established regulatory regulation contradicts the Concept of self-regulation development. It is concluded that institutionalization can also be associated with structural changes (the emergence of new institutional formations) if it strengthens internal ties and strengthens sport in the life of society.
Keywords: sports rules, institutionalization, public organization, legal regulation of sports, the law on sports.
Article bibliography
1. Yurlov S. A. Development of legal science in terms of studying issues related to the regulatory framework of sports // Bulletin of St. Petersburg State University. Law. – 2018. – Vol. 9, Issue. 4. – P. 620-639.
2. Valiev R. G. Legal institutionalization and legal institutions: a conceptual model // Lex russica. – 2020. – No. 4. – P. 103-116.
3. Alekseev S. V. Sources and system of Olympic law // Sport: economics, law, management. – 2009. – No. 4. – P. 3-10.
4. Vaskevich V. P. Some issues of law enforcement in disputes related to the implementation of professional activities of an athlete // Bulletin of civil process. – 2022. – No. 3. – P. 190-215.
5. Goncharov A. A., Lazareva A. S. Sports and legal gap: problems of contractual regulation of professional sports in the Russian Federation // Colloquium-journal. – 2020. – No. 12. – P. 25-28.
6. Govorov P. S. Some problems of legal regulation of the activities of athletes in team sports // Civilist. – 2013. – No. 1. – P. 109-114.
7. Vlasenko V. A. Logical and linguistic requirements for legal constructions // Legal technique. – 2013. – No. 7. (Part 2) – P. 166-167.
8. Vaskevich V. P. Disputes involving professional athletes and legal mechanisms for their resolution // Arbitration court. – 2010. – No. 4 (70). – P. 70-74.
9. Ponkin I. V., Redkina A. I. “Good governance” in the normative space of sports: the role of lex sportiva and the International Court of Arbitration for Sport // Zakon. – 2020. – No. 8. – P. 44 – 50.
10. Sports law of Russia: Textbook for masters / Editor-in-chief D. I. Rogachev. – Moscow: Prospect, 2016. – 637 p.
11. Alekseev S. V. Sports law: Textbook / Ed. P. V. Krasheninnikov. 5th ed. – Moscow, 2018. – 927 p.
12. Soloviev A. A. Systematization of sports legislation (Russian and foreign experience): Dis. … Doctor of Law. – M., 2012. – 440 p.
13. Davletkaliev D.K. Institutionalization of sport in transformingin the current Russian society: sociological and managerial analysis: dis. … Doctor of Sociological Sciences. – M., 2006. – 354 p.
14. Kozhin V. V. Institutionalization of professional sports in modern Russian society // Humanitarian of the South of Russia. – 2018. – Vol. 7, No. 6. – Pp. 128-136.
15. Soyfer T. V. Socially oriented non-profit organizations: problems of legal regulation // Civil Law. – 2023. – No. 5. – Pp. 22-26.
16. Legal entities in Russian civil law: monograph: in 3 volumes / Ed. A. V. Gabov. – M.: IZiSP, INFRA-M, 2015. – 352 p.
17. Shitkina I. S. Paradigm and paradoxes of corporate law // Entrepreneurial law. – 2010. – No. 1. – P. 4-12.
18. Peshin N. L. Anti-corruption in sports: balance of interests of states and international sports organizations // Constitutional and municipal law. – 2017. – No. 10. – P. 34-38.
19. Nikitina E. E., Obolonkova E. V. Reform of legislation on non-profit organizations: problems and prospects // Journal of Russian law. – 2018. – No. 2. – P. 38-49.
20. Alekseev S. S. Law: alphabet – theory – philosophy: Experience of a comprehensive study. – M.: Statut, 1999. – 712 p.
21. Shevchenko O. A. On the interaction of labor legislation and self-regulation norms of sports organizations // Laws of Russia: experience, analysis, practice. – 2014. – No. 9. – P. 9-15.
LANGUAGE AND LAW
MAKAEVA Guzal Zaynagievna
associate professor of Russian language department of pre-master’s and pre-graduate training sub-faculty, Preparatory Faculty for Foreign Students, Kazan Federal University
MAKAEV Khanif Fakhretdinovich
associate professor of Foreign languages sub-faculty, Institute of International Relations, History and Oriental Studies, Kazan Federal University
KAZYMOVA Tatyana Sergeevna
senior lecturer of Foreign languages sub-faculty, Institute of Economics and Management in Construction, Kazan State University of Architecture and Engineering
PECULIARITIES OF THE LEGISLATIVE FRAMEWORK AS A KIND OF OFFICIAL BUSINESS STYLE
The article defines the place of the language of legal acts in the functional and stylistic system of the Russian language; reveals its features (lexical, word-formation, morphological, syntactic, stylistic). The lack of clear uniform standards in the language of legislative acts leads to its constant changes and additions, which often leads to language errors in documents and errors in making legal decisions. Today, the ability to perceive and interpret the texts of laws is relevant for the common population.
Keywords: functional and stylistic system, official business style, legal framework, language of the law, normative legal acts, feature.
Bibliographic list of articles
1. Beglova E.I. Means of the Russian language in the stylistic aspect. – Sterlitamak, 2001. – 291 p.
2. Budagov R. A. On scientific and artistic styles // Questions of linguistics. – 1954. – No. 3.
3. Sidorova M. Yu., Saveliev V. S. Russian language. Culture of speech. – M .: Iris-press, 2005 .– 206 p.
4. Dictionary of rhetoric, linguistics and effective communication. [Electronic resource]. – Access mode: https://didacts.ru/slovari/slovar-po-ritorike-jazykoznaniyu-i-effektivnomu-obscheniyu.html.
5. Filippov K. B., Frolova (Tokareva) A. B. Normative-legal regulation of issues of language and style of legal acts in the Russian Federation // News of higher educational institutions. Volga region. Social sciences. — 2014 — No. 3. — P. 76-85. [Electronic resource]. – Access mode: https://rucont.ru/efd/552328 (date of access: 01.12.2024).
6. Shcherba L. V. Modern Russian literary language // Selected works on the Russian language. – M., 1957. – P. 119.
ECONOMY. LAW. SOCIETY
MATEVOSOVA Elena Konstantinovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty, O. E. Kutafin Moscow State Law University Law (MSAL)
AUTOMATED INTELLIGENT AGENT IN THE DIGITAL REALITIES OF THE DEVELOPMENT OF THE RUSSIAN LEGAL SYSTEM: INNOVATIONS IN LEGISLATION AND JUDICIAL PRACTICE
The article is devoted to legislative innovations on the use of an automated intelligent agent (collector robot) in the context of the digital transformation of society and the state, which affects the future of the Russian legal system. The author of the article, revealing the main characteristics of such an agent and analyzing in detail the judicial emerging practice, predicting the dynamics of judicial interpretation of legal norms and substantiating the need to improve lawmaking in the direction of creating a unified legal basis for regulating the use of intelligent agents without branch specifics.
Keywords: automated intelligent agent,robot-collector, judicial practice, digitalization, legal system, lawmaking, law enforcement.
Article bibliography
1. Berezina E. A. Use of software agents in legal practice // Actual problems of Russian law. – 2023. – No. 7. – P. 71-85.
2. Global atlas of artificial intelligence regulation / Ed. A. V. Neznamov. – 2023. – SPS ConsultantPlus.
3. Gorokhova S. S. Technologies based on artificial intelligence: prospects and responsibility in the legal field // Jurist. – 2021. – No. 6. – P. 60-67.
4. Pevtsova E. A. The influence of artificial intelligence on human legal activity // Journal of Russian Law. – 2020. – No. 9. – P. 19-31.
5. Regulation of robotics: introduction to “robocour”. Legal aspects of the development of robotics and artificial intelligence technologies. – M., 2018. – 232 p.
ECONOMY. LAW. SOCIETY
SULEYMANOVA Rimma Rifkhatovna
Ph.D. in philosophical sciences, associate professor of Political science and public relations sub-faculty, Institute of Humanitarian and social sciences, Ufa University of Science and Technology
FEATURES OF USING A DIGITAL APPROACH IN BRAND PROMOTION
In the modern world, which is rapidly developing in the context of globalization, characterized by a high degree of competition, the development of the digital environment and changes in consumer behavior, strong brands are an important supporting asset for any organization, and their effective promotion is becoming one of the key factors for the company’s success. Modern digital technologies help promote brands, increase their recognition and improve their reputation, which undoubtedly makes interaction with the target audience more effective.
Keywords: digital marketing, consumer loyalty, digital channels, social networks, marketplaces, promotion tools, email marketing, SEO, SMM, RP-digital.
Article bibliography
1. Kotler F. Marketing Basics: A Short Course. – Moscow: Williams, 2007. – 647 p.
2. Mazur E.E. Emotional Marketing: A Myth or a New Marketing Concept // Marketing in Russia and Abroad. – 2012. – No. 1. – P. 16-26.
3. Mikhailova N.I. Emotional Branding and Its Impact on Consumer Loyalty // Marketing and Marketing Research. – 2017. – No. 1. – P. 48-63.
4. Pan H., Ibatullina A. A. Brand promotion strategies in the digital age: comparison with the traditional approach // Economy in a changing world: Collection of scientific papers of the VIII International Economic Forum, Kazan, May 13-17, 2024. – Kazan: OOO IPK Brig, 2024. – P. 47-50.
5. Sekerin V. D. Innovative marketing: textbook. – Moscow: Infra-M, 2012. – 238 p.
6. Suleimanova R. R. Sociodynamics of communication processes in modern society: dis. … Cand. Philosophical Sciences. – Ufa, 2005. – P. 7-11.
7. Sysoeva T. L. Brand promotion based on digitalization tools // Management and entrepreneurship in the paradigm of sustainable development: Proceedings of the VI International scientific and practical conference, Yekaterinburg, May 26, 2023. – Yekaterinburg: Ural State University of Economics, 2023. – Pp. 220-222.
8. Tsylya Ya. Digital marketing: how modern technologies help promote brands in the online space // Young scientist. – 2024. – No. 19 (518). – Pp. 340-343.
9. Shopenko O. Yu. Innovative marketing. Part 2: tutorial. – SPb.: SPbGTURP, 2015. – 75 p.
10. Schultz Don E., Tannenbaum Stanley I., Lauterborn Robert F. New Marketing Paradigm: Integrated Marketing Communications: Trans. from English. – M.: INFRA-M, 2004. – 231 p.
ECONOMY. LAW. SOCIETY
ELYAKOV Alexander Lvovich
senior lecturer, Institute of Finance and Economics, North-Eastern Federal University, Yakutsk
EFFICIENCY OF USING LIQUEFIED NATURAL GAS FOR HEAT ENERGY PRODUCTION IN THE ARCTIC REGIONS OF THE REPUBLIC OF SAKHA (YAKUTIA)
This study provides a comparative assessment of the economic efficiency and assessment of the necessary volumes of subsidies for heat energy consumers in the Arctic regions of the Republic of Sakha (Yakutia) when using traditional fuels such as coal, crude oil, unstable gas condensate (and diesel fuel as a backup fuel) in the transition to liquefied natural gas by municipal energy enterprises. As a result, the economic feasibility of allocating a subsidy for the difference in high tariffs for heat energy for other consumers (except for the population and budgetary institutions receiving subsidies from budgets) in populated areas of nine Arctic regions of the Republic of Sakha (Yakutia) to the average republican level of tariffs was revealed from the proposed in the previous study of the Investment Development Fund of the Fueland Energy Complex of the Republic of Sakha (Yakutia) in order to stimulate entrepreneurial development and growth of energy consumption. An economic justification for reducing the volume of subsidies with the priority use of liquefied natural gas compared to coal, oil and gas condensate by municipal energy enterprises was also carried out.
Keywords: Republic of Sakha (Yakutia), Arctic regions, thermal energy, production, consumption, subsidy, comparative assessment, economic efficiency, cost price, tariff, required gross output (RGE).
Article bibliography
1. Federal Law “On Gas Supply in the Russian Federation” dated 31.03.1999 No. 69-FZ (as amended on 14.07.2022). [Electronic resource]. – Access mode: [electronic resource]: http://www.consultant.ru/document/cons_doc_LAW_22576/.
2. Federal Law “On Heat Supply” dated 27.07.2010 No. 190-FZ (as amended on 01.05.2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_102975/.
3. Resolution of the Government of the Russian Federation of 10.22.2012 No. 1075 (as amended on 10.10.2022, as amended on 11.14.2022) “On pricing in the heat supply sector” (together with the “Fundamentals of pricing in the heat supply sector”, “Rules for regulating prices (tariffs) in the heat supply sector”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_136932/.
4. Tarovik O. V., Mudrova O. M. Estimated cost of transporting small-tonnage LNG // WORLD OF TRANSPORT. – Volume 17. – No. 5. – 2019. – P. 130-147.
5. Chaika L. V. Priorities for Modernization of Energy Infrastructure in Rural Areas of the Komi Republic // Economic and Social Changes: Facts, Trends, Forecast. – No. 2 (38). – 2015. – P. 104-115.
ECONOMY. LAW. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty, Tyumen Industrial University
CHUMLYAKOVA Daria Vladimirovna
Ph.D. in economical sciences, associate professor of Economics and production organization sub-faculty, Tyumen Industrial University
TYPOLOGY OF TRANSPORT INFRASTRUCTURE LINKS BY LEVEL OF ADAPTABILITY TO INTERNATIONALIZATION
The article is devoted to the study of internationalization of transport infrastructure and development of international transport systems in the modern conditions of globalization. A typology of links of transport infrastructure of international importance is developed in accordance with the determinants of their internationalization; it is proposed to distinguish three groups of links depending on the level of adaptability to internationalization. The first group of links is characterized by transnational potential and high adaptive capacity to respond to the challenges of the global economy. The second group is represented by links with international transport-transit and export-import potential. The third group is represented by links with transport potential of macro-regional significance within the boundaries of the country or macro-region of the country and low adaptive capacity. The characteristics of each group are given.
Keywords: internationalization, international transport infrastructure, international transport corridors, integration.
Article bibliography
1. Al-Jaberi A. A. Kh., Perkova M. V., Ivankina N. A., Al-Sawafi M. Kh. Typology of transit-oriented development // Bulletin of the Belgorod State Technological University named after V. G. Shukhov. – 2019. – No. 5. – P. 120-130. – DOI 10.34031/article_5cd6df47bbe469.43798065.
2. Astanin D. M., Tkachev A. A., Yalovkina L. V., Smirnov A. P. Typology of elements of urban development of ecological tourism territories: a systems approach // Architecture, construction, transport. – 2024. – No. 3 (109). – P. 22-35. – DOI 10.31660/2782-232X-2024-3-22-35.
3. Ogurtsov A. P., Abushenko V. L. Typology // Humanitarian portal: Concepts // Center for Humanitarian Technologies, 2002-2024 (last revised: 02/27/2024). – [Electronic resource]. – Access mode: https://gtmarket.ru/concepts/6846 (date of access: 20.11.2024).
4. Pokrovskaya O. D., Romanova I. Yu., Kukushkina Ya. V. Operation and development of logistics facilities / OOO “RIOR Publishing Center”, 2023. – 79 p. – ISBN 978-5-369-02112-5. – DOI 10.29039/02112-5.
5. Pyankova S. G. Theory and methodology of systemic socio-economic development of single-industry territories based on institutional renewal: abstract of a dissertation for the degree of Doctor of Economics. – Yekaterinburg, 2015. – 42 p.
6. Steshenko Yu. A. Typology of sectors of the national economy by the level of tax incentives based on clustering // Taxes and taxation. – 2018. – No. 4. – P. 40-57.
7. Chernova L. S. The relationship between the typology of constituent entities of the Russian Federation and methods for assessing the country’s economic development // Problems of Forecasting. – 2013. – No. 2 (137). – P. 127-139.
8. Chumlyakov K. S. Economic effects of the internationalization of transport infrastructure // Logistics audit of transport and supply chains: materials of the IV International scientific and practical conference. In 2 volumes, Tyumen, April 28, 2021. Volume 2. – Tyumen: Tyumen Industrial University, 2021. – P. 365-367.
9. Chumlyakov K. S., Chumlyakova D. V. Internationalization of transport infrastructure: the content of the concept and directions // Eurasian Law Journal. – 2021. – No. 12 (163). – P. 518-520. – DOI 10.46320/2073-4506-2021-12-163-518-520.
10. Chumlyakov K. S., Chumlyakova D. V. Economic environment of international transport infrastructure // Bulletin of the Altai Academy of Economics and Law. – 2024. – No. 4-2. – P. 335-340. – DOI 10.17513/vaael.3403.
11. Shaimardanova K. A. Classification and typology of transport interchange facilities in the structure of the largest city // Architecture and modern information technologies. – 2024. – No. 3 (68). – P. 200-211. – DOI 10.24412/1998-4839-2024-3-200-211.
12. Ansoff H. I. (1979). Strategic Management. – Palgrave Macmillan, London. –https://doi.org/10.1007/978-1-349-02971-6.
13. Donner M., De Vries H. Business models for sustainable food systems: a typology based on a literature review // Frontiers in Sustainable Food Systems. – 2023. – Vol. 7. – DOI 10.3389/fsufs.2023.1160097.
14. Lachininskii S. S. Experience on the typology of geoeconomic risks // Geography and Natural Resources. – 2013. – Vol. 34, No. 2. – P. 111-117. – DOI 10.1134/S1875372813020017.
15. Tan Ch. Y., Liu D. Typology of habitus in education: Findings from a review of qualitative studies // Social Psychology of Education. – 2022. – Vol. 25, No. 6. – P. 1411-1435. – DOI 10.1007/s11218-022-09724-4.
ECONOMY. RIGHT. SOCIETY
VEZLOMTSEVA Svetlana Gennadievna
Ph.D. in economic sciences, associate professor, associate professor of Economics, management, organization of production activities and labor adaptation of convicts sub-faculty, Academy of Law Management of the FPS of Russia
SERIAL PRODUCTION IN THE PENITENTIARY SYSTEM
The article examines the features of serial production in the penitentiary system. It describes small-scale production in pre-revolutionary Russia. It characterizes medium- and large-scale production that prevails in modern penitentiary institutions. The aim of the work is to form a holistic view of the main areas of production activity in the penal system in order to achieve the goal of attracting convicts to paid labor, both at present and in retrospect. Particular attention was paid to external and internal factors that influence the definition of the range of manufactured goods and the structure of serial production. The research involved the methods of dynamic and structural analysis, comparison, and generalization. The information base included scientific articles, periodicals, information and analytical materials.
Keywords: production, penitentiary system, small-scale production, persons sentenced to imprisonment.
Article bibliography
1. Buranova E. A., Ignatiev A. I. Labor re-education of convicts in the historical aspect // Actual problems of organizing the activities of bodies and institutions of the penal system: Materials of the interuniversity scientific and practical conference dedicated to the memory of the honored scientist of the RSFSR, doctor of legal sciences, professor A. I. Zubkov and the Day of Russian Science, Ryazan, February 14, 2017. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2017. – P. 27-33.
2. Matveeva N. S. Economic history of the development of the production sector of the penitentiary system of Russia // Historical and economic studies. – 2009. – Vol. 10, No. 1. – P. 14-39.
3. Piskunov A. I. The main stages of the formation and development of the production sector of the penitentiary system // The penitentiary system and society: experience of interaction: collection of materials of the X international scientific and practical conference, Perm, April 5-7, 2023. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2023. – P. 84-87.
ECONOMY. LAW. SOCIETY
SHEPELEV Ivan Vyacheslavovich
bachelor’s degree student in “Geology”, St. Petersburg State University
KODOCHIGOVA Diana Alexandrovna
master’s degree student in “Management”, St. Petersburg State University
DECARBONIZATION OF RUSSIAN OIL AND GAS COMPANIES: CHALLENGES AND OPPORTUNITIES
The main goal of the climate policy of the Russian Federation is to reduce the negative impact of economic and other activities on the climateate without prejudice to the interests of the country and the competitiveness of the Russian economy. Climatic initiatives and strategies are being actively implemented both at the federal level and at the level of individual companies, including in the oil and gas sector of the Russian Federation economy. This review provides a generalized analysis of the priority areas of corporate strategies of 5 Russian oil and gas companies (PJSC Gazprom, PJSC Lukoil, PJSC Gazprom Neft, PJSC Tatneft and PJSC Rosneft) in the field of climate conservation and examples of practical implementation of climate goals taking into account modern challenges.
Keywords: Russian Oil and Gas companies, Climate agenda, energy transition, decarbonization, open reporting.
Article bibliography
1. Decarbonization of the oil and gas industry: international experience and priorities of Russia // Energy Center of the Moscow School of Management SKOLKOVO. – 2021. – [Electronic resource]. – Access mode: https://energy.skolkovo.ru/downloads/documents/SEneC/Research/SKOLKOVO_EneC_Decarbonization_of_oil_and_gas_RU_22032021.pdf (date of access: 11/18/2024).
2. Integrated annual report of PJSC Tatneft named after V.D. Shashin for 2023 “Energy of Life” // Tatneft: official website. – [Electronic resource]. – Access mode: https://www.tatneft.ru/uploads/publications/667d6dafd035a633648981.pdf (date of access: 11/18/2024).
3. Melnik D. Renewable energy sources are advancing. The Largest Oil and Gas Companies in the Era of Energy Transition // Oil and Gas Vertical: National Industry Journal. – 2020. – No. 20. – P. 34-43. – [Electronic resource]. – Access mode: https://ngv.ru/upload/iblock/75d/75dc0bc3dea87f080a2bd09afb5211e7.pdf (date of access: 11/18/2024).
4. Sustainability Report of PJSC Gazprom Neft for 2023 “Energy in People” // Gazprom Neft: official website. – [Electronic resource]. – Access mode: https://ir.gazprom-neft.ru/upload/iblock/f95/0arkptxcic1qpsj6722iib65xbc365hn/2023_OUR_sokr.pdf (date of access: 18.11.2024).
5. Report on social activities of PJSC Gazprom for 2022 “In the interests of our country” // Gazprom: official website. – [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/56/691615/gazprom-sustainability-report-ru-2022.pdf (date of access: 18.11.2024).
6. Report on social activities of PJSC Gazprom for 2023 “Time to be together” // Gazprom: official website. – [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/07/429840/gazprom-sustainability-report-ru-2023.pdf (date of access: 18.11.2024).
7. Sustainability Report of PJSC Lukoil for the period from 01.01.2023 to 31.12.2023 “People – Sustainability of the Company” // Lukoil: official website. – [Electronic resource]. – Access mode: https://lukoil.ru/Sustainability/SustainabilityReport (date of access: 18.11.2024).
8. Sustainability Report of PJSC Rosneft for 2022 “Preserving the Environment” // Rosneft: official website. – [Electronic resource]. – Access mode: https://www.rosneft.ru/upload/site1/document_file/Rosneft_CSR2022_RUS.pdf (date of access: 18.11.2024).
9. Rosneft PJSC Sustainable Development Report for 2023 “One Team – Common Goals” // Rosneft: official website. – [Electronic resource]. – Access mode: https://www.rosneft.ru/upload/site1/document_file/Rosneft_CSR_2023_RUS.pdf (date of access: 18.11.2024).
10. Ryabova M. I. Features of the strategies of Russian oil and gas companies in the context of the energy transition. – DOI 10.24833/2071-8160-2023-1-88-219-243 // Bulletin of MGIMO University. – 2023. – Vol. 16, No. 1. – P. 219-243. – [Electronic resource]. – Access mode: https://www.vestnik.mgimo.ru/jour/article/view/3327 (date of access: 11/18/2024).
ECONOMY. LAW. SOCIETY
ELYAKOV Alexander Lvovich
magister student of the 2nd course of Financial and economic sub-faculty, Institute of Finance and Economics, North-Eastern Federal University, Yakutsk
FINANCIAL ANALYSIS OF THE ACTIVITIES OF JOINT-STOCK COMPANY HOCKEY COMMITTEE “YAKUTUGOL” FOR 2021-2023
The article presents a financial analysis of the activities of JSC HC Yakutugol, which includes an analysis of the property potential, such as the composition, structure of property and sources of its formation; an analysis of the financial stability of the enterprise, including an analysis of the sufficiency of sources of financing for the formation of reserves and an analysis of the general coefficients characterizing the capital structure; an analysis of the composition, structure and dynamics of the company’s income and expenses; the “qualities” of profit and profitability indicators are determined. It is concluded that JSC HC Yakutugol experienced a significant decrease in profit and profitability indicators in 2023, one of the reasons may be an increase in the company’s cost of sales. Based on this, it was revealed that the company needs additional analysis and measures to eliminate negative trends and increase the financial stability of JSC HC Yakutugol.
Keywords: JSC HC Yakutugol, composition, structure, property, composition, structure, property, income, expenses, source of financing, profit, profitability, financial stability.
Article bibliography
1. Federal Law of December 6, 2011 No. 402-FZ “On Accounting”.
2. Federal Law of 26.12.1995 No. 208-FZ (as amended on 07.10.2022, as amended on 19.12.2022) “On Joint-Stock Companies” (as amended and supplemented, entered into force on 01.01.2023).
3. Order of the Ministry of Finance of the Russian Federation dated July 2, 2010 No. 66n “On the forms of financial statements of organizations”.
4. Dorman V. N. Commercial organization: income and expenses, financial result: a textbook for secondary vocational education / V. N. Dorman; under the scientific editorship of N. R. Kelchevskaya. – Moscow: Publishing house Yurait, 2023. – 107 p. – (Vocational education). – ISBN 978-5-534-08387-3. [Electronic resource]. – Access mode: https://urait.ru/bcode/514262.
5. Financial markets and institutions: textbook and workshop for universities / N. B. Boldyreva [et al.]; edited by N. B. Boldyreva, G. V. Chernova. – 2nd ed., revised. and additional. – Moscow: Yurait Publishing House, 2022. – 379 p. – (Higher education). – ISBN 978-5-534-15055-1. [Electronic resource]. – Access mode: https://urait.ru/bcode/490173.
6. Financial analysis: textbook and workshop for universities / A. N. Zhilkina. – Moscow: Yurait Publishing House, 2023. – 285 p. — (Higher education). — ISBN 978-5-534-02401-2. [Electronic resource]. – Access mode: https://urait.ru/bcode/510908/p.101.
7. Financial analysis: textbook and workshop for universities / I. Yu. Evstafieva [et al.]; edited by I. Yu. Evstafieva, V. A. Chernenko. – Moscow: Yurait Publishing House, 2022. – 337 p. – (Higher education). – ISBN 978-5-534-00627-8. [Electronic resource]. – Access mode: https://urait.ru/bcode/489494.
8. Shadrina G. V. Analysis of financial and economic activities: textbook for secondary vocational education / G. V. Shadrina, K. V. Golubnichy. — 4th ed., revised and enlarged. — Moscow: Yurait Publishing House, 2023. — 463 p. — (Professional education). — ISBN 978-5-534-16888-4. [Electronic resource]. – Access mode: https://urait.ru/bcode/531980.
9. Economic analysis of the organization’s activities: textbook for academic. bachelor’s students / E. V. Neyaskina, O. V. Khlystova. — 2nd ed., revised and enlarged. — Moscow; Berlin: DirectMedia, 2020. — 400 p.
10. Official website of Yakutugol Joint-Stock Company. [Electronic resource] – Access mode: https://mechel.ru/sector/mining/yakutugol/
11. Official website of information support for Russian accountants, auditors, appraisers and financiers. [Electronic resource] – Access mode: https://www.audit-it.ru.
PHILOSOPHY. LAW. SOCIETY
ABDULAEVA Ilmira Abduragimovna
Dagestan State University, Kizlyar Branch, Kizlyar
DEMESHKO Natalya Viktorovna
Dagestan State University, Kizlyar Branch, Kizlyar
ISKANDYROVA Leila Abaziarovna
Dagestan State University, Kizlyar Branch, Kizlyar
THE PHENOMENON OF CIVIL SOCIETY: A PHILOSOPHICAL-RELIGIOUS CONCEPT
Based on a study of the views and statements of scientists from different eras, the article reveals such a complex phenomenon as civil society. Religion also plays a significant role in civil society, which contributes to the development of mechanisms for the protection of moral norms and the development of dialogue between religious communities and the state.
The author emphasizes the important role of traditional religions and religious organizations in the formation of civil society. In addition, the article formulates conclusions about the importance of forming a civil society in conjunction with traditional and religious values, especially during periods of systemic crisis, political instability and social rupture.
Hypothesis: the study of civil society in the context of the transformation of the world order and the degradation of traditional and religious values gives hope for the preservation of the genetic code of the peoples living on the territory of the Russian Federation
Keywords: civil society, society, religion, ethnicity, confession, ethical principles, rights and freedoms.
Bibliographic list of articles
1. Aristotle Op. in 4 volumes. Moscow, 1983. 416 p. [Electronic resource]. – Access mode: https://pavroz.ru/files/aristotle4.pdf
2. Hegel G.V.F. Works. Moscow-Leningrad: Sotsekgiz, 1934. Vol. VII. Pp. 263-270.
3. Global Alliance of Civil Society. [Electronic resource]. – Access mode: https://monitor.civicus.org/country-rating-changes/russia/
4. Kant I. Critique of Practical Reason // Coll. works: in 6 volumes. Vol. 4, part 1. Moscow: Mysl, 1963-1965. 544 p.
5. Morozova R. I. Man and society in the political teaching of F. Nietzsche // Forum of young scientists. 2018. No. 5-2 (21). [Electronic resource]. – Access mode:: https://cyberleninka.ru/article/n/chelovek-i-obschestvo-v-politicheskom-uchenii-f-nitsshe (date of access: 02/15/2024).
6. Soloviev V. S. Works in 2 volumes. Moscow: Mysl, 1990. 330 p. [Electronic resource]. – Access mode: https://iphras.ru/elib/Soloviev_Opr_dobra.html].
7. Trofimov S. V. Emile Durkheim on the role of religion in public life. Justification for the choice of elementary religion // Bulletin of Moscow University. Series 18. Sociology and political science. 2019. No. 25 (3). P. 173-197. [Electronic resource]. – Access mode: https://doi.org/10.24290/1029-3736-2019-25-3-173-197
8. Yumashev Yu. M. I. Kant’s ideas on international law and human rights and their further development in the modern era // Journal of Foreign Legislation and Comparative Law. 2022. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/idei-i-kanta-o-mezhdunarodnom-prave-i-pravah-cheloveka-i-ih-dalneyshee-razvitie-v-sovremennuyu-epohu (date of access: 15.02.2024).
PHILOSOPHY. LAW. SOCIETY
VOROBJEV Dmitriy Valerjevich
Ph.D. in philosophical sciences, professor of Philosophy sub-faculty, N. I. Lobachevsky Nizhny Novgorod National Research State University
SHMELEVA Natalya Vladimirovna
Ph.D.in philological sciences, associate professor of Philosophy and social sciences sub-faculty, Kozma Minin Nizhny Novgorod State Pedagogical University
“INTUITION”, “INTELLIGENCE” AND “INSTINCT” IN THE TEACHING ABOUT CREATIVE EVOLUTION OF HENRI BERGSON
The article examines the concepts of instinct, intuition, and intelligence. Being key concepts in Bergson’s philosophy, these concepts are closely connected with the concept of the vital impulse in which life moves. As life moves, it divides into many different directions. Being two different, divergent directions of life (of the same origin), intelligence and instinct, however, may have a common point 0r place where they can come together. This point is intuition.
Keywords: Intuition, intelligence, instinct, life impulse, evolution.
Article bibliography
1. Bergson A. Creative evolution. Matter and memory. – Minsk: Harvest, 1999. – 1408 p.
2. Blauberg I. I. Philosophical intuition of A. Bergson // Philosophical journal. – 2016. -Vol. 9, No. 2. – P. 24-35.
3. Worms F. How Bergson introduces the problem of life into French philosophy of the 20th century // Logos. – 2009. – No. 3 (79). – P. 45-57.
4. Lossky N. O. Intuitive Philosophy of Bergson. – SPb.: Uchitel, 1922. –109 p.
5. Reale D., Antiseri D. Western Philosophy from Its Origins to the Present Day. Volume 4. From Romanticism to the Present Day. – SPb.: Petropolis, 1997. –880 p.
6. François A. The Concept of Truth in Bergson. Remarks on Bergson’s “Pragmatism” // Logos. – 2009. – No. 3 (79). – P. 144-154.
PHILOSOPHY. LAW. SOCIETY
PARILOV Oleg Viktorovich
Ph.D. in philosophical science, professor, professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
SHCHERBAKOVA Mariya Pavlovna
Ph.D. in sociological sciences, Head of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
ALEXANDRINA Natalya Mikhaylovna
Ph.D. in Law, associate professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
ETHICAL AND EXISTENTIAL CONSEQUENCES OF TOTAL DIGITALIZATION AND THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE
The article is dedicated to the ethical and existential consequences of digitalization and the mass introduction of artificial intelligence. Total digitalization is a vivid embodiment of globalization processes, as a consequence, it inevitably discredits the basic ethical principles of social solidarity and patriotism. And in this it contradicts modern ideological and political trends in preserving Russian spiritual and moral values. The ethical and existential losses resulting from mass digitalization and the introduction of artificial intelligence also include: loss of national and traditional identity, conflict between the artificial and the natural in humans, mental transformations, destruction of personal space and total manipulation, displacement of humans by artificial intelligence, implementation of the postmodern concept of the “death of man”, absolute moral relativism, since artificial intelligence is deprived of an ethical justification for its own existence.
Keywords: ethics, artificial intelligence, digitalization, existential consequences of digitalization and the introduction of artificial intelligence, globalization, preservation of traditional values, moral relativism.
Article bibliography
1. Kocherov S. N., Parilov O. V., Kondratyev V. Yu. Philosophy of the Russian idea. – N. Novgorod: Minin University, 2018. – 288 p.
2. Kocherov S. N., Parilov O. V. Philosophy of the Russian idea: monograph. – M .: Publishing House “Russian Philosophy”. – 300 p.
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4. Foreign Policy Concepts of the Russian Federation, 1993-2023 / Comp. D. V. Kuznetsov. – Blagoveshchensk: B. pub., 2023. – 122 p.
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9. Chayko M. Superconnected: The Internet, digital media, and techno-social life. – Thousand Oaks, CA: Sage, 2016. – 272 p.
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PHILOSOPHY. LAW. SOCIETY
TEREBIKHIN Nikolay Mikhaylovich
Ph.D. in philosophical sciences, professor of Cultural and religious studies sub-faculty, M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
ZAYKOV Konstantin Sergeevich
Ph.D. in historical sciences, Head of Regional studies, international relations and political sciences sub-faculty, M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
SOROKIN Sergey Eduardovich
Ph.D. in philosophical sciences, professor of Regional studies, international relations and political sciences sub-faculty, M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
SEMIOTICS OF THE TRADITIONAL SOCIOCULTURAL SPACE OF THE RUSSIAN NORTH
The article presents the results of a semiotic study of the traditional sociocultural space of the Russian North. The origins of the formation of “semiotics of the cultural space of the North” as a new scientific direction in Russian northern studies are revealed. A brief analytical overview of the current state, methodological strategies and main directions of research in social and political semiotics, represented by the works of the Moscow and St. Petersburg scientific schools, is given. The main versions of “triadology” and the principle of “trinity” in modern Russian cultural studies, the metaphysical doctrine of traditionalism, in geophilosophy and geopoetics of the North are outlined, and the role of the paradigm images “Trinity” and “Beauty” in the trinitarian structure of the traditional socio-cultural space of urban and rural areas is considered Russian North.
Keywords: social political and semiotics, traditional, socio-cultural space, axiological triad, zemstvo self-government, Russian North, architectural ensemble, triadology, landscape.
Bibliographic list of articles
1. Borzova E. P. Triadology. − St. Petersburg: SPbKO, 2013. – 579 p.
2. Veniamin (Rumovsky-Krasnopevkov), archbishop. New Tablet: A Complete Explanation of All Church Services, Rituals, Prayers, and Items of Church Usage. – SPb.: P. P. Soikin Publishing House, 1909. – 551 p.
3. Gavrilova M. V. Social Semiotics: An Attempt to Systematize a Terminological System // METHOD: Moscow Yearbook of Works from Social Sciences. Issue 8: Image and Imagery. From the Formation of the Universe to the Formation of Its Researcher / Ed. Ilyin M. V. – Moscow: INION RAS, 2018. – Pp. 404-417.
4. Guenon R. Essays on Tradition and Metaphysics. – SPb.: Azbuka-classic Publishing Group, 2010. – 320 p.
5. Dobro // Internet Dictionary Dictionary “Glagol”. [Electronic resource]. – Access mode: https://pervobraz.ru/slova/article_post/dobro (date accessed: 07.12.2024).
6. Ilyin M. V., Fomin I. V. Social semiotics: the study of discourses and practices of social interaction // Discourse-Pi. – 2018. – No. 3-4. – P. 15-24.
7. Linnik Yu. V. Spirituality of the Russian North. – Petrozavodsk, 2007. – 72 p.
8. Measure // Internet dictionary dictionary “Glagol”. [Electronic resource]. – Access mode: https://pervobraz.ru/slova/article_post/mera (date accessed: 07.12.2024).
9. Terebikhin N. M. On the problem of organizing space in the construction rituals of the Permian Finno-Ugrics // Summary of reports of the scientific session dedicated to the main results of work in the tenth five-year plan. – L.: Nauka, 1983. – Pp. 77-79.
10. Terebikhin N. M. Metaphysics of the North. – Arkhangelsk: SOLTI, 2020. – 516 p.
11. Terebikhin N. M. Semiotics of the cultural space of the peoples of the European North: author’s abstract. dis. … doctor of philosophy. Sciences: 17.00.08 – St. Petersburg, 1995. − 43 p.
12. Terebikhin N. M. Construction rituals of the Perm Finno-Ugrians: abstract of thesis. dis. …cand. ist. Sciences: 07.00.07. – L., 1981. – 20 p.
13. Terebikhin N. M., Melyutina M. N., Yakovleva A. V. Institute of mentoring in the sociocultural space of the Russian North and the Russian Arctic: traditions and innovations // Arctic and North. – 2024. − No. 56. – P. 201-304.
14. Toporov V. N. Holiness and saints in Russian spiritual culture. T. 1: The first century of Christianity in Rus’. – M.: “Gnosis” − School “Languages of Russian Culture”, 1995. – 875 p.
15. Tulchinsky G. L. Interdisciplinary potential of social semiotics and anthropology of digitalization // Social semiotics: growth points / Under the scientific editorship of G. L. Tulchinsky. – St. Petersburg: OOO “Skifiya-print”, 2020. – P. 12-18.
16. Fomin I. V. Semiotic frontier: through the depths of centuries and the boundaries of disciplines // METHOD: Moscow yearbook of works from social science disciplines. Issue 7: Transdisciplinary methods in social science / Ed. and compiler. issue. Ilyin M. V. – M.: INION RAS, 2017. – P. 25-37.
17. Fomin I. V., Ilyin M. V. Why do political scientists need semiotics? // Political science. – 2016. – No. 3. – P. 12-29.
18. Shergin B. V. Fine masters: Pomor epics and tales. – M.: Molodaya Gvardiya, 1990. – 423 p.
19. Yushkov S. V. Essays on the history of parish life in the North of Russia in the 15th-17th centuries. – St. Petersburg: Printing house of M. A. Alexandrov, 1913. – 137 p.
PHILOSOPHY. RIGHT. SOCIETY
TUKHVATULLIN Rustem Rasfarovich
Ph.D. in historical sciences, Head of Foreign history sub-faculty, Institute of History and Public Administration, Ufa University of Science and Technology
SHAYAKHMETOV Fidail Fanilevich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty, Institute of History and Public Administration, Ufa University of Science and Technology
MEMORY POLICY AND COMMEMORATIVE PRACTICES IN THE CONSOLIDATION OF RUSSIAN SOCIETY IN THE CONTEXT OF MODERN CHALLENGES (ON THE EXAMPLE OF THE REPUBLIC OF BASHKORTOSTAN)
The article is devoted to the policy of memory and memorial practices, which in the last couple of decades have become the most important discourses in the policy of the federal center and regions of Russia to consolidate the country on the basis of its centuries-old history, unique multinational and multi-confessional culture. The article examines the most significant areas of activity of regional authorities and civil society of the Republic of Bashkortostan in the field of memory policy, aimed at strengthening the unity of Russia and its regions in the context of modern geopolitical challenges.
Keywords: politics of memory, memorial practices, multinational people, traditional values, special military operation, national unity.
Article bibliography
1. Berdin A. T. Memorial and symbolic positioning in a multi-ethnic society based on the materials of Bashkortostan in the context of the SVO // Problems of Oriental Studies. 2024. No. 3 (105). P. 36-43.
2. Buranchin A. M. Memorial policy in the Republic of Bashkortostan in the context of the special military operation in Ukraine // Counteracting extremism and terrorism in the context of new geopolitical challenges: materials of the round table / Ed. M. Kh. Mardanov, compiled by D. A. Ismagilov. Ufa: Samrau Publishing House, 2022. Pp. 44-49.
3. In Bashkiria, a monument to twice Hero of the Soviet Union Musa Gareev was unveiled in his small homeland // Bashinform (news agency). July 8, 2022. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/social/2022-07-08/v-bashkirii-pamyatnik-dvazhdy-geroya-sovetskogo-soyuza-musy-gareeva-otkrylsya-na-ego-maloy-rodine-2868468 (access date: 10/29/2024).
4. A memorial to fallen soldiers of the SVO was unveiled in Ufa // Bashinform. 08/29/2024. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/svo/2024-08-29/v-ufe-otkryli-memorial-pavshim-voinam-svo-3903990 (access date: 10/28/2024).
5. A monument to Hero of Russia, Major General Minigali Shaimuratov was unveiled in Ufa // Head of the Republic of Bashkortostan (website). 10/11/2022. [Electronic resource]. – Access mode: https://glavarb.ru/rus/press_serv/novosti/158501.html (access date: 10/29/2024).
6. A monument to the legendary intelligence hero Dayan Murzin was unveiled in Ufa // Head of the Republic of Bashkortostan (website). 06/07/2022. [Electronic resource]. – Access mode: https://glavarb.ru/rus/press_serv/novosti/154574.html (access date: 10/29/2024).
7. Meeting of the Council on Interethnic Relations. May 19, 2023, Pyatigorsk // President of Russia. May 19, 2023. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/71165 (access date: 10/27/2024).
8. Information on the number of settlements by constituent entities of the Russian Federation // Ministry of Finance of Russia (website). 09/09/2019. [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/document/?id_4=128341&ysclid=m4k47orl4e106883569 (access date: 10/30/2024).
9. The UN General Assembly Committee adopted a resolution of Russia on combating the glorification of Nazism // RIA Novosti. 11/11/2024. [Electronic resource]. – Access mode: https://ria.ru/20241111/oon-1983186482.html (access date: 11/12/2024).
10. On Sovetskaya Square in Ufa, schoolchildren were initiated into the “Shaimuratovtsy” // Bashinform. 10/11/2024. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/social/2024-10-11/na-sovetskoy-ploschadi-v-ufe-shkolnikov-posvyatili-v-shaymuratovtsev-3964518 (access date: 20.11.2024).
11. Nora P. Problematic of places of memory // Nora P., Ozouf M., de Puy-mege J., Vinok M. France – memory / Translated from French by D. Khapaeva. St. Petersburg: Publishing house of St. Petersburg State University, 1999. Pp. 17-150.
12. Politics of memory in Russia – regional dimension / Responsible. editors A. I. Miller, O. Yu. Malinova, D. V. Efremenko. M.: Institute of Scientific Information on Social Sciences of the Russian Academy of Sciences, 2023. 471 p.
13. Decree of the President of the Russian Federation of 02.07.2020 No. 444 “On assigning the honorary title of the Russian Federation “City of Labor Valor” // Laws, codes and regulatory legal acts of the Russian Federation. [Electronic resource]. – Access mode: https://legalacts.ru/doc/ukaz-prezidenta-rf-ot-02072020-n-444-o-prisvoenii/ (date of access: 12.03.2021).
14. Decree of the President of the Russian Federation of 30.03.2020 “On awarding state awards of the Russianof the Federation” // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202003300066 (access date: 10/29/2024).
15. Decree of the President of the Russian Federation “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values” dated November 9, 2022 // Garant.Ru. November 10, 2022 [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/405579061/?ysclid=m4a4odalsq322540016 (access date: 10/27/2024).
16. Decree of the President of the Russian Federation of March 31, 2023 “On approval of the Foreign Policy Concept of the Russian Federation” // President of Russia (website). [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/49090 (access date: 10/27/2024).
17. Halbwachs M. Social framework of memory; trans. from French and introductory article by S. N. Zenkin. M.: Novoye Izd-vo, 2007. 346 p.
18. Shagapova G. R., Zinnatullin A. A. History of the Great Patriotic War in the urbanonyms of the city of Ufa // Bulletin of the Academy of Sciences of the Republic of Belarus. 2021. Vol. 38, No. 1 (101). Pp. 88-95.
PHILOSOPHY. LAW. SOCIETY
FARKHITDINOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Ontology and theory of knowledge sub-faculty, Ural Federal University, Yekaterinburg
ATTRIBUTION OF ESOTERICISM IN THE CONTEXT OF MODERN SCIENTIFIC MODELS
The article proposes to consider three variations of esotericism attributions: demanded / significant / rejected, in which ideas about non-obvious human capabilities are concretized. To analyze those of them that are focused on the priority of studying human abilities and have been borrowed, in some cases they are reflected in the epistemological models of modern science. It is concluded that the departure from stable forms of rationality to cognition of the “illogical”, “inaccessible” from the point of view of modern science, it is advisable to consider as a condition demonstrating group, mass and individual effects on the adaptation of ideas about some “mysterious”, in our case, hidden human abilities.
The process of sacralization of mass culture is the transformation of elements of everyday life, cultural phenomena and products of mass culture into objects endowed with special meaning, significance and even sacred status. This process is often associated with a change in the perception of what was originally considered ordinary or secular, and the elevation of “these givens” to the level of an important cultural symbol or ideal.
The study of the processes of “sacralization” of mass culture, the associated characteristics of mass consciousness and the actualization of the ideas of occult psychology will help to understand the mechanisms of formation of conspiracy models of thinking and substantiation of practices related to ideas about human abilities. In this sense, esoteric teachings can be considered as an alternative scientific approach to understanding (interpreting) human capabilities, which contribute to the process of «sacralization» of mass culture.
Keywords: hidden human possibilities, «sacralization» of mass culture, cultural symbol, attribution of esotericism.
Article bibliography
1. Averintsev S. S. Ancient rhetoric and the fate of ancient rationalism // The image of antiquity. – St. Petersburg, 2004. – 480 p.
2. Bekhterev V. M. Hypnosis. Suggestion. Telepathy. – Moscow: Publishing house: Knigovek, 2019. – 416 p.
3. Golubeva E. A. Abilities. Personality. Individuality. – Dubna: “Phoenix+”, 2005. – 512 p.
4. Zolotukhina-Abolina E. V. Consciousness creating reality (gnoseological and existential aspects). – M.; Berlin: Direct-Media, 2016. – 237 p.
5. Konakov A. Waning world: the history of the “incredible” in the late USSR. – M.: Garage Museum of Contemporary Art, 2022. – 240 p.
6. Leshkevich T. G. Meaning-formation in the context of the frontiers of the digital era // Meaning-formation and its contexts: life, structure, culture, experience. – 2022. – No. 1.
7. Losev A. F. Essays on ancient symbolism and mythology. – M.: Academicheskiy proekt, 2021. – 755 p.
8. Lukyanov A. Yan Zhu as a Philosopher: Between Taoism and Confucianism // Problems of the Far East. – M., 2001. – No. 2. – P. 139-151.
9. Mikhailova I. V. Attribution in Various Situations: monograph. – Ulyanovsk: Ulyanovsk State University, 2018. – 160 p.
10. Nebylitsyn V. D. Problems of Psychology of Individuality: Selected Psychological Works. – M.: MPSI; Voronezh: MODEK, 2000. – 682 p.
11. Panin S. A. Discussions on the legal status of esotericism in modern Russia // Mystical and esoteric movements in theory and practice: mysticism and esotericism in Russia and other countries of the post-Soviet space. Collection of materials of the Ninth All-Russian scientific conference with international participation (November 9–11, 2017, Moscow) / Ed. and compiled by S. V. Pakhomov. – St. Petersburg: Publishing House of the Russian Academy of Sciences, 2018. – 254 p.
12. Rozin V. M. The Essence of Esotericism: Esoteric Personality. Reconstruction of Esoteric Teachings. – Moscow: URSS, 2021. – 264 p.
13. Tyson D. Extrasensory Perception for Beginners. Extrasensory Perception of Touch. – Moscow: FAIR-PRESS, 2003. – 272 p.
14. Teplov B. M. Selected Works: in 2 volumes. Vol. I. – Moscow: Pedagogy, 1985. – 328 p.
PHILOSOPHY. LAW. SOCIETY
ZAKHAROV Alexey Vladimirovich
postgraduate student of Philosophy sub-faculty, N. P. Ogarev National Research Mordovian State University, Saransk
THE ORIGINS OF RUSSIAN SOCIO-CULTURAL PRE-EMERGENCE IN LATE BYZANTIUM AND MODERNITY
The Byzantine thinkers were clearly aware that the empire was falling into final decline and only the ideology of the Orthodox kingdom still linked the elements of the old mechanism and social consciousness. The implementation of the value system in the state opens up prospects for further optimal development of the country, creates conditions for ensuring the well-being of the population, much is understood in comparing the experience of the cultures of Byzantium and Russia. The article expresses the evolution of the ideas of humanism from the perspective of today.
Keywords: morality, antiquity, Byzantinism, society, Heraclitus, Plato, humanism.
Article bibliographic list
1. Averintsev S. S. Poetics of early Byzantine literature. Moscow: Nauka, 1977. 320 p.
2. Aristotle. Evdemova Ethics. In eight books. Moscow: Institute of Philosophy of the Russian Academy of Sciences, 2005. P. 43.
3. Faith. Ethnos. Nation. Religious component of ethnic consciousness / Ed. coll. M. P. Mchedlov (editor), Yu. A. Gavrilov, V. V. Gorbunov, et al. Moscow: Cultural Revolution, 2007. 368 p.
4. Guseinov A. A. Ancient Ethics. Moscow: Book House “LIBROKOM”, 2011. P. 99.
5. Guseinov A. A. Two-level structure of values in Stoic ethics // Ethics of Stoicism: Traditions and Modernity: Collection of articles. Moscow: IFAN, 1991.
6. Kuchma V. V. Military organization of the Byzantine Empire. Scientific publication. St. Petersburg: Aleteia, 2001. 426 p.
7. Losev A. F. Correspondence in the room // A.F. Losev. “I was exiled to the 20th century”: In 2 volumes. Volume 1. Moscow: Vremya, 2002. Pp. 5-6.
8. Losev A. F. Eros in Plato // Losev A. F. Being. Name. Space. Moscow, 1993. Pp. 32.
9. Plato. Selected: Trans. from ancient Greek. Moscow: AST, 2004. 492 p.
10. Solonevich I. L. People’s monarchy. Moscow, 2002. Pp. 88-89.
11. Talbot A. M. M. The compositional methods of a palaiologan hagiographer: intertextuality in the works of theoktistos the stoudite // Imitatio- Aemulatio- Variatio. Akten des internationalen wissenschaftlichen Symposions zur byzantinischen Sprache und Literatur. Vienna, 2010. P. 253-260.
PHILOSOPHY. RIGHT. SOCIETY
VASYUTIN Ivan Denisovich
magister student of the 2nd year of study, Institute of History and Public Administration, Ufa University of Science and Technology
GILIMOVA Zarema Fanavievna
magister student of the 2nd year of study, Institute of History and Public Administration, Ufa University of Science and Technology
THE ROLE OF THE FAMILY IN THE PHILOSOPHY OF RUSSIAN CONSERVATISM IN THE MIDDLE OF THE XIX-EARLY XX CENTURIES
The publication examines the views of Russian philosophers of conservatism in the middle of the XIX – early XX centuries, with regard to the institution of the family. The influence of ancient political philosophy on the development of a conservative view of the formation of family values is analyzed. The influence of the theory of the paternalistic origin of the state on the role of the monarch in the philosophy of Russian conservatism is considered. The views of three major representatives of Russian conservatism in the middle of the XIX – early XX centuries are analyzed. The role of the family in conservative political philosophy has been considered in the journalism of the following philosophers: M. N. Katkov, K. P. Pobedonostsev and M. O. Menshikov.
Keywords: conservatism, Russian conservatism, tradition, family, family values.
Article bibliography
1. Aristotle. Nicomachean Ethics / Aristotle. – M.; Berlin: Direct-Media, 2020. – 222 p.
2. Aristotle. Politics. Works: In 4 volumes. Vol. 4 / Trans. from ancient Greek; General. ed. A. I. Dovatura. – M.: Mysl, 1983. – 830 p.
3. Bakunin M. A. Socialism, federalism, anti-theologism. Philosophy. Sociology. Politics. – M.: Pravda, 1989. – 623 p.
4. Ivanov A. A. The right camp of the Russian empire: controversial issues of modern historiography // Russia XXI. – 2020. – No. 4. – P. 102-125.
5. Katkov M. N. Power and society. Ideology of conservatism / Compilation, preface and comments: Klimakov Yu. V. / Responsible. editor O. Platonov. – M.: Institute of Russianoi civilization, 2009. – 37-100 p.
6. Katkov M. N. Turgenev. Ideology of conservation / Compilation, preface and comments: Klimakov Yu. V. / Responsible. editor O. Platonov. – M .: Institute of Russian Civilization, 2009. – 616-676 p.
7. Medovarov M. V. Historical role and legacy of M. N. Katkov on the pages of the “Russian Review” // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky – 2021. – No. 6. – P. 17-23.
8. Menshikov M. O. About love. – St. Petersburg: Type. M. Merkusheva, 1899. – 224 p.
9. Rutkevich A. M. What is conservatism? – M., St. Petersburg: University Book, 1999 – P. 224
10. Strauss L. Introduction to the History of Political Philosophy // Strauss L. Introduction to Political Philosophy / Translated from English by M. Fetisov. – M.: Praxis, 2000. – 198-204.
11. Sir Robert Filmer, Patriarcha, or the natural power of kings. The online library of liberty a project of liberty fund, Inc. 1680. – P. 48.
PHILOSOPHY. LAW. SOCIETY
LEBEDEVA Nataliya Vladimirovna
postgraduate student of Social and humanitarian sciences sub-faculty, M. I. Platov South Russian State Polytechnical University, Novocherkassk
SOCIAL MYTH AS A FACTOR OF SELF-MAINTENANCE OF THE EQUILIBRIUM OF THE SOCIAL SYSTEM
The article examines the mythological foundations of self-maintenance of the equilibrium of the social system by reducing the innovativeness of consciousness; it is shown that social myth is capable of reducing social dynamics and blocking changes in social practice. The socio-therapeutic function of social myth is also considered, expressed in the removal of epistemological trauma of consciousness created by rationalization and processes of objectification and analytical division of the world into objects of knowledge. Myth is shown as a value-neutral phenomenon of modern society, which cannot be eliminated from public and individual consciousness. It can perform both constructive and destructive tasks in society, especially the latter concerns modern ideological man-made myths that perform not the tasks of consolidation, but the functions of legitimizing power. However, a naturally arising social myth always meets the needs of social consciousness for stabilization, conservation of the values of the social system, the need to reduce social dynamics and establish equilibrium in the social system.
Keywords: society, myth, mythological consciousness, mythologization, social consciousness, social identity
Article bibliography
1. Astapova E. S., Baklanova O. A., Baklanov I. S., Pokhilko A. D. Determinants of social consciousness as social memory: a socio-philosophical approach // Eurasian Law Journal. – 2024. – No. 3 (190). – P. 525-526.
2. Bart R. Myth Today // Bart R. Selected Works: Semiotics. Poetics. – M.: Publishing Group “Progress”, “Univers”, 1994. – P. 72-130.
3. Losev A. F. Dialectics of Myth. – M.: Pravda, 1990. – 133 p.
4. Malinovsky B. The Role of Myth in Life // Magic, Science, Religion. – M., 1998. – P. 94-108.
5. Lukyanov G. I., Baklanov I. S., Baklanova O. A., Osadchiy A. A. Features of Problematization and Genesis of Ideas about the Phenomenon of Sociality in Social and Philosophical Knowledge // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 534-535
6. Orudzhev Z. M. The Way of Thinking of the Era and the Principle of Apriorism // Questions of Philosophy. – 2006. – No. 5. – P. 18-33.
7. Tokarev S. A. Early Forms of Religion. – M.: Politizdat, 1990. – 622 p.
8. Eliade M. Aspects of Myth. – M.: Academichesky Proekt, 2005. – 224 p.
9. Baklanov I. S., Baklanova O. A., Erokhin A. M., Ponarina N. N., Akopyan G. A. Myth as a Means of Ordering and Organizing Social Reality // Journal of History Culture and Art Research. – 2018. – V. 7, No. 2. – R. 41-47.
BOOK REVIEW
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty, Institute of Social Sciences, Irkutsk State University
THE SOCIAL FOCUS OF CORRUPTION IN SPORTS (REVIEW OF THE MONOGRAPH BY V. N. TURKOVA “SOCIOLOGICAL ANALYSIS OF CORRUPTION IN SPORTS”)
The peer-reviewed publication covers the issues of corruption in sports from the standpoint of social processes and social institutions. Statistical data on corruption in sports are analyzed, and general attitudes of Russians are identified through public opinion research, survey methods, interviews expert and content analysis. As a result of a series of research projects, the dynamics of changes in corruption in sports are identified. A conclusion is made about the social causes of corruption in sports and a number of measures are proposedd to reduce this negative phenomenon in the public consciousness. The monographic study will be useful for scientists studying corruption and corruption in sports, in particular, as well as for ordinary people who are passionate about sports and interested in all processes related to sports, athletes and sports processes in the country and the world.
Keywords: sociological analysis, corruption, sport.
Article bibliographic list
1. Turkova V. N. Sociological analysis of corruption in sports: monograph. – Irkutsk: Publishing house of Irkutsk National Research Technical University, 2023. – 158 p.
S. A. Buryanov:
Globalization, geopolitical confrontation and the new world order: status, problems, prospects
Interview with candidate of legal sciences, associate professor, scientific director of the Global Law Forum – an online community focused on achieving sustainable development, Sergey Anatolyevich Buryanov
INTERNATIONAL LAW
ALIEV Shamil Murtuzovich
Ph. D. in Law, assistant of International law sub-faculty, M. V. Lomonosov Moscow State University, senior researcher of the Federal State Budgetary Scientific Institution “Rosinformagrotech”
KUZMIN Valeriy Nikolaevich
Ph.D. in Economical Sciences, Head of Department, chief researcher of the Federal State Budgetary Scientific Institution “Rosinformagrotech”
MARINCHENKO Tatyana Evgenjevna
researcher of the Federal State Budgetary Scientific Institution “Rosinformagrotech”
ACTS OF INTERNATIONAL ORGANIZATIONS AS A BASIS FOR THE FORMATION OF INTERNATIONAL LEGAL REGULATION OF THE DEVELOPMENT OF ORGANIC AGRICULTURE
Organic agriculture, as a special direction of agricultural production, requires separate legislative regulation due to the specifics of relations arising in the process of production, sale and marketing of products, the presence of internationally recognized standards and certification procedures. Currently, a unified management system, regulatory and legislative frameworks controlling the production of organic products are being formed in the country, while in the EU and the USA these stages of formation have been passed.
For further improvement of the legislation of the Russian Federation, it seems appropriate to turn to the experience of legal regulation of organic agriculture issues accumulated over the past decades by various international organizations.
Keywords: international intergovernmental organizations, Food and Agriculture Organization of the United Nations, IFOAM, organic agriculture, production of organic products.
Article bibliography
1. Dadaev Ya. E. Modern approaches to defining the concept of organic agriculture // Bulletin of the Chechen State University. – 2020. – No. 2 (38).
2 Morgera E., Caro K., Duran G. Organic agriculture and law. – Rome, 2015.
3. Codex Alimentarius Commission. Procedure Guide. – Rome, 2011.
INTERNATIONAL LAW
GALITSKAYA Natalya Vladimirovna
Ph.D. in Law, associate professor, North-West Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
The role of the Eurasian Economic Union in ensuring food security of russia
The article analyzes the role of the Eurasian Economic Union and the Commonwealth of Independent States in increasing food security of Russia and other member states. The study revealed the ineffectiveness of cooperation within the EAEU, and proposes to create a supranational control and supervisory body that will be able to ensure that countries fulfill their obligations.
Keywords: food security, EAEU, Russia, CIS, food crisis, Concept.
Article bibliography
1. Barinov V. A. Information technologies in the activities of customs authorities // XXI century: humanitarian and technical sciences: Collection of materials of the XIII-th international in-person and correspondence scientific-practical conference, Moscow, October 16, 2024. – Moscow: Scientific Publishing Center “Izdaniye”, 2024. – P. 111-114.
2. Galitskaya N. V. Structure of the system of administrative and legal support of food security in Russia // Administrative law and process. – 2023. – No. 12. – P. 48-52. DOI 10.18572/2071-1166-2023-12-48-52. EDN XMKOTP.
3. Bratanovsky S. N. Certain aspects of administrative responsibility in the field of business security in Russia // Business Security. – 2016. – No. 1. – P. 20-25. – EDN VOIOLV.
4. Barinov V. A. Non-tariff regulation of foreign economic activity // Novellas of law, economics and management 2021: Collection of scientific papers based on the materials of the VII international scientific and practical conference, Gatchina, November 26-27, 2021. Volume 2. – Gatchina: State Institute of Economics, Finance, Law and Technology, 2022. – P. 363-365. EDN QYKACW.
5. Galitskaya N. V. Administrative and legal aspects of ensuring environmental safety of citizens’ life in Russia // Bulletin of the Voronezh State University. Series: Law. – 2017. – No.3 (30). – P. 101-107. – EDN ZSIRER.
6. Galitskaya N. V. Ensuring food security of Russia within the Eurasian space // Bulletin of the Saratov State Law Academy. – 2024. – No. 5 (160). – P. 63-69. – DOI 10.24412/2227-7315-2024-5-63-69. EDN GFXSAZ.
INTERNATIONAL LAW
DROZDOVA Mariya Alexandrovna
Ph.D. in Law, associate professor, associate professor of History, philosophy, political science and sociology sub-faculty, Emperor Alexander I St. Petersburg State University of Railways
DROZDOV Vladislav Georgievich
master student, Emperor Alexander I St. Petersburg State University of Railways
ELESKIN Nikita Vladimirovich
independent researcher
SCO TRANSPORT INTEGRATION AS A DRIVER OF ITS DEVELOPMENT
The article studies the transport aspect of integration processes within the framework of the Shanghai Cooperation Organization (SCO). Regionalization has become the leading trend of interstate cooperation at the current stage of international relations. In the current complex geopolitical situation, when new centers of power are being formed in the world, the SCO has received additional impulses for development. The transport and logistics area of cooperation, which plays a central role in integration processes, requires actualization and development of new legal solutions. Both existing political obstacles and technical and technological barriers should be taken into account in the formation of a new roadmap for cooperation between states. The result of integration processes within the framework of the organization should be the formation of a common transport space serving as a basis for the development of trade and economic relations. Building a sustainable format of cooperation in the field of transport will ensure effective economic integration of the SCO country and implementation of the ESG agenda goals in the transport and logistics sphere.
Keywords: international law, international legal regulation of transport, integration associations, SCO, transport integration.
Article bibliography
1. Charter of the Shanghai Cooperation Organization / Proceedings of the SCO Congress 07.06.2002, St. Petersburg.
2. Economic perspective of the SCO. [Electronic resource]. – Access mode: https://www.gosrf.ru/ekonomicheskij-rakurs-shos/ (date accessed: 21.10.2024).
3. The program of multilateral trade and economic cooperation of the member states of the Shanghai Cooperation Organization. Proceedings of the SCO Congress. 23.09. 2003.
4. Speech by SCO Secretary General Zhang Ming at the Ninth Meeting of the SCO Ministers of Transport. [Electronic resource]. – Access mode: http://rus.sectsco.org/archive_news/20220513/836568.html (date accessed: 10.05.2024).
5. The Seventh Meeting of the SCO Ministers of Transport. [Electronic resource]. – Access mode: http://sco-russia.ru/news/20150515/1013389171.html (date accessed: 20.10.2024).
6. China’s trade turnover with the SCO countries increased by 26% in the first eight months of 2022. [Electronic resource]. – Access mode: https://chinalogist.ru/news/tovarooborot-knr-so-stranami-shos-za-vosem-mesyacev-2022-goda-vyros-na-26-22797?ysclid=l9gph2bkkq262432471 (date accessed: 20.10.2024)
7. Economic perspective of the SCO. [Electronic resource]. – Access mode: https://www.gosrf.ru/ekonomicheskij-rakurs-shos/ (date of access: 21.10.2024).
8. Fursova E. A., Voronov A. A. Formation, functioning and development of the international market of transport and logistics services. St. Petersburg, 2024. 66 p.
INTERNATIONAL LAW
KREMNEV Petr Petrovich
Ph.D. in Law, professor of International law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
THE RELATIONSHIP AND CONTENT OF THE TERMS “LAW OF ARMED CONFLICT” AND “INTERNATIONAL HUMANITARIAN LAW” IN RUSSIAN SCIENCE OF INTERNATIONAL LAW
Until recently, the branch of international public law regulating the sphere of interstate relations during armed conflicts was called the “law of armed conflicts” (LOAC). Since the end of the 20th century, the concept of “international humanitarian law” (IHL) has become widespread in legal doctrine, the main content of which is to alleviate the fate of victims of such conflicts. The publication analyzes the legal doctrine of the content of the terms and concepts of LOAC and IHL in the context of conventional norms and the legal consequences of the beginning of armed conflicts.
Keywords: Geneva Conventions of 1949, law of armed conflict, international humanitarian law.
Article bibliography
1. Aleshin V. V. Legal regulation of armed conflictsin and its role in ensuring the security of the Russian Federation. Abstract of the dissertation … Doctor of Law. – M., 2007.
2. Artsybasov I. N., Lukashuk I. I. Law of armed conflicts // Course of international law. In 7 volumes. – M., 1992. – Vol. 6. – Pp. 218-307.
3. Batyr V. A. International humanitarian law: Textbook for universities. – M., 2011.
4. David E. Principles of the law of armed conflicts. ICRC, 2000.
5. Egorov S. A. Armed conflicts and international law. Abstract of the dissertation … Doctor of Law. – M., 1999.
6. Kotlyarov I. I. International humanitarian law. – M., 2009.
7. Kremnev P. P. Forms and legal consequences of the beginning and end of armed conflicts // Law. Journal of the Higher School of Economics. – 2021. – Vol. 14. – No. 5. – P. 215-235.
8. International Law. Textbook. Ed. Vylegzhanin A. N. – M., 2009.
9. International Law. Textbook. Ed. Kozhevnikov F. I. – M., 1987.
10. International Law. Textbook. Ed. Tunkin G. I. – M., 1982.
11. International Law. Textbook. Under the general editorship of Mikulshin A. I. – M., 2005.
12. International Law: Textbook. Responsible editor Egorov S. A. – M., 2014.
13. International Law: Textbook. Responsible editor Kuznetsov V. I. – M., 2001.
14. International Public Law. Textbook. Responsible editor Bekyashev K. A. – M., 1998.
15. International Public Law. Textbook. Responsible editor Bekyashev K. A. – M., 2009.
16. Pictet J. Development and principles of international humanitarian law. ICRC. – M., 1994.
17. Rusinova V. N. Human rights in armed conflicts: the relationship between the norms of international humanitarian law and international human rights law. Abstract of the dissertation … Doctor of Law. – M., 2016.
18. Chernichenko S. V. International Humanitarian Law // International Law: Textbook. Responsible. editors Kolosov Yu. M., Kuznetsov V. V. – M., 1999.
19. Ostazhewski P. The Cold War and Post Cold war and Armed Conflocts. General Overview // Remembrance and Justice. 2019. #2. P. 70-94. . [Electronic resource]. – Access mode: https://mail.rambler.ru/r/view/INBOX/10422?cache_id=2146788526&part_id=2.
20. Müller V. K. English-Russian Dictionary. 20th ed. – M., 1978. – P. 357 @@ The Oxford English Dictionary. – Vol. 5. – Part 1. – P. 445.
21. Dictionary of the modern Russian language: in 4 volumes. / Ed. D. N. Ushakov. Vol. 1. – M., 1954 @@ Ushakov D. N. Large explanatory dictionary of the modern Russian language. – M., 2005.
INTERNATIONAL LAW
MISHALCHENKO Yuriy Vladimirovich
Ph.D. in Law, Ph.D. in economical sciences, professor, professor of State and international law sub-faculty, St. Petersburg State Marine Technical University
SEKSTE Yanis Arturovich
Ph.D. in historical sciences, associate professor of Theory, history of state and law, social and economic disciplines sub-faculty, St. Petersburg Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
INTERNATIONAL LEGAL TRENDS IN ENSURING SECURITY AND BALANCE OF POWER IN THE BALTIC REGION AFTER SWEDEN AND FINLAND JOINED NATO
Negotiations on the accession of Sweden and Finland to NATO ended with the admission of two Northern European countries into a military alliance. These two countries, especially Sweden, have maintained a neutral status in international politics for a long time. In turn, the accession of Finland and Sweden to NATO poses threats to Russia’s national security in both the Baltic and Arctic regions.
Keywords: International law, Baltic region, Arctic region, Russian Federation, USA, Sweden, Finland, NATO, international relations, armed forces
Article bibliography
1. Khudoley K. Finland, Sweden and NATO: the process has begun, Russia in global politics. 2022. [Electronic resource]. – Access mode: https://globalaffairs.ru/articles/finlyandiya-shvecziya-i-nato/ (date of access: 07/28/2023).
2. Vorotnikov V. V. The Baltic States in NATO: results of the decade // Bulletin of MGIMO – University. 2014. No. 6 (39). P. 9-17. https://doi.org/10.24833/2071-8160-2014-6-39-9-17 (Accessed: 28.07.2023).
3. Vladimir Putin’s Munich Speech (2007) – RIA Novosti, 11.02.2022 (ria.ru) (Accessed: 30.07.2023).
4. Dahl A. S. NORDEFCO and NATO: «Smart Defence» in the North? // Research Paper. Research Division – NATO Defence College. 2014. Rome, No. 101. May. P. 1-12
5. Smirnov P. E. Evolution of US Political Priorities in the Baltic Sea Region in the Second Decade of the 21st Century // Baltic Region. 2020. Vol. 12, No. 3. P. 4-25. [Electronic resource]. – Access mode: https:// doi.org/10.5922/2079-8555-2020-3-1 p. 16 (date of access: 30.07.2023).
6. The effects of Finland’s possible NATO membership, an assessment // Ministry for Foreign Affairs of Finland. 2016. April. 64 p
7. Kislitsyn S. V. Military-political cooperation of the United States with Finland and Sweden at the present stage // VesSt. Petersburg University. International Relations. 2018. Vol. 11, Issue 4. Pp. 376-389. [Electronic resource]. – Access mode: https://doi.org/10.21638/11701/spbu06.2018.
8. Voronov K. V. Northern Neutralism: Historical Ending or Transformation? // Modern Europe. 2018. No. 1. Pp. 80-89. [Electronic resource]. – Access mode: http://dx.doi.org/10.15211/soveurope120188089 p.88 (date of access: 30.07.2023).
9. Boldyreva S. Yu., Boldyrev R. Yu., Ragozin G. S. “Hidden Union” or “Freedom from Unions”? Discussions in Sweden and Finland on Possible NATO Accession in 1991-2016 // Baltic Region. 2020. Vol. 12, No. 2. Pp. 23-39. doi: 10.5922/2079-8555-2020-2-2 (accessed: 30.07.2023).
10. Bowman B., Brobst R., Sullivan J., Hardie J. Finland and Sweden in NATO are strategic assets, not liabilities, Defense News. 2022. [Electronic resource]. – Access mode: htpps://www.defensenews.com/opinion/com-mentary/2022/07/20/finland-and-sweden-in-nato-are-strategic-assets-not-liabilities/ (date of access: 30.07.2023).
11. Lokker N., Townsend J., Hautala H., Kendall-Taylor A. How Finnish and Swedish NATO accession could shape the future Russian threat a report of the transatlantic forum on Russia, CNAS Transatlantic Forum on Russia. 2023. [Electronic resource]. – Access mode: https://www.cnas.org/publications/reports/how-finnish-and-swedish-nato-accession-could-shape-the-future-russian-threat (date of access: 31.07.2023).
12. Kramnik I. New NATO expansion makes the Arctic a more dangerous region // Nezavisimaya Gazeta. 2023. [Electronic resource]. – Access mode: https://www.ng.ru/kartblansh/2023-07-24/3_8781_kb.html (date of access: 27.07.2023).
13. Mellen R., Moriarty D., Ledur J. Four maps explain how Sweden and Finland could alter NATO’s security // The Washington Post. 2023. [Electronic resource]. – Access mode: www.washingtonpost.com/world/2023/07/11/nato-sweden-finland-maps/ (date of access: 27.07.2023).
14. Ovcharuk A.P. NATO turns the Baltic Sea into a region of instability, IMEMO RAS. 2022. [Electronic resource]. – Access mode: https://www.imemo.ru/news/events/text/nato-turns-the-baltic-sea-into-a-re-gion-of-instability (date of access: 23.07.2023).
15. Statement by the Russian Foreign Ministry in connection with the sending by the Russian Federation of notifications to the states parties to the Treaty on Conventional Armed Forces in Europe (CFE Treaty), Ministry of Foreign Affairs of the Russian Federation, 09.06.2023. [Electronic resource]. – Access mode: htpps://www.mid.ru/ru/foreign_policy/news/1886348/ (date of access: 26.07.2023).
16. CSTO summit. 16.05.2022. Website of the President of Russia. [Electronic resource]. – Access mode: htpps://www.kremlin.ru/events/president/news/68418 (date of access: 27.07.2022).
17. Mayorov M., Nabiev Kh., Popov D. The accession of Sweden and Finland to NATO: the Arctic aspect (electronic publication). [Electronic resource]. – Access mode: www.globalaffairs.ru (date of access: 28.07.2023).
18. Baltic zugzwang: Russia responded to the possibility of NATO expansion at the expense of the Nordic countries. [Electronic resource]. – Access mode: www.rbc.ru (date of access: 28.07.2023).
19. Nemchenko Yu. Risks of a clash between Russia and NATO forces are growing // Izvestia. April 13, 2023 // Izvestia [Electronic resource]. – Access mode: www.iz.ru (date of access: 28.07.2023).
INTERNATIONAL LAW
MUKHAMETGAREEVA Natalya Mikhaylovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
YUSUPOVA Zilya Anasovna
Ph.D. in philological sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology.
REGULATION OF TRANSBOUNDARY POLLUTION AND STATE RESPONSIBILITY: A STUDY OF INTERNATIONAL CONVENTIONS AND LEGAL MECHANISMS
The study is devoted to the analysis of mechanisms for regulating transboundary environmental pollution and the distribution of state responsibility within the framework of current international law. Based on a comparative analysis of key international conventions, the authors identify the existing legal instruments and their effectiveness in preventing and minimizing the negative effects of transboundary environmental pollution. Special attention is paid to the problems of law enforcement, including the lack of monitoring, difficulties in establishing cause-and-effect relationships between the source of pollution and the damage caused, as well as mechanisms for collective decision-making in conditions of conflict of interests of sovereign states. The results of the study make it possible to formulate recommendations for improving international cooperation in the field of transboundary pollution regulation and strengthening international responsibility for the environmentmental violations.
Keywords: transboundary pollution, law enforcement, environmental safety, international responsibility.
Article bibliography
1. Anisimov A. P., Ryzhenkov A. Ya., Isakova Yu. I. Environmental law of Russia: textbook and practical course for universities. – 9th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 432 p.
2. Bogolyubov S. A. Actual problems of environmental law: monograph. – Moscow: Yurait Publishing House, 2024. – 498 p.
3. Erofeev B. V. Environmental law of Russia. General part: textbook for universities / Under the scientific editorship of L. B. Bratkovskaya. – 27th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 230 p.
4. Khlyudeneva N. I., Ponomarev M. V., Kichigin N. V. Environmental Law: a textbook for universities. – 6th ed., revised and enlarged. – Moscow: Yurait Publishing House, 2024. – 221 p.
5. Ermolova, M. A. International Environmental Law and Nature Protection Regimes: a textbook for universities. – Moscow: Yurait Publishing House, 2024. – 149 p.
6. Nigmatullin R. V., Suleimanova R. R. Coordination of States’ Efforts in the Fight Against Modern Challenges and Threats // Eurasian Law Journal. – 2020. – No. 11 (150). – pp. 428-431.
INTERNATIONAL LAW
POLYAK Alexey Alexandrovich
Ph.D. in Law
REGULATION OF INTERNATIONAL SETTLEMENTS IN ANGOLA
This article examines the regulation of international settlements in Angola, focusing on the legal framework and economic conditions affecting foreign trade. The study analyzes the sources of national and international legislation governing these settlements, focusing on Angola’s Commercial Code and Currency Law, and discusses the relationship between local legislation and international conventions. The main findings show that the legal framework is shaped by a complex relationship between public and private law, and the National Bank of Angola has imposed strict exchange controls. The analysis highlights the main arrangements for import and export transactions, the authorized forms of payment, and the mandatory reporting and compliance requirements imposed on banking institutions. The conclusion of the study notes, in particular, is that in order to effectively navigate this legal landscape, Russian companies involved in trade with Angolan counterparties need to carefully assess the legal framework and financial stability of their partners.
Keywords: international settlements, legal regulation, foreign trade, currency control, cross-border transactions.
Article bibliography
1. Erpyleva N. Yu. International banking law: theory and practice of application. Moscow: National Research University Higher School of Economics, 2012. 671 p. – ISBN: 9785759807858
2. Efimova L. G., Alekseeva D. G. et al. Banking law. Textbook for bachelors. M.: Prospekt, 2014. 318 pp. – ISBN: 9785392137541
3. Frolova E. E., Zankovsky S. S., Dudin M. N., Zinkovsky S. B., Kirsanov A. N. Studying concepts of the breakthrough economic reforms in selected developed and developing countries and regions of the world: economic and legal aspect // Journal of Advanced Research in Law and Economics. 2018. No. 9 (4). P. 1236-1242;
4. Dudin M. N., Frolova E. E., Artemieva J. A., Rusakova E. P., Gugunskiy D. A. New format of interrelation between the countries of Africa and Russia: problems and perspectives of relations development // Man in India. 2016. No. 10 (96). P. 3493-3501.
INTERNATIONAL LAW
RWEMALIKA Mireya
magister student of the 2nd course of Theory and history of international relations sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
ADU Yao Nikaz
Ph.D. in Law, associate professor of Theory and history of international relations sub-faculty, Expert of the Center for Applied Analysis of International Transformations, Patrice Lumumba Peoples’ Friendship University of Russia; associate professor of Theory of state and law and constitutional law sub-faculty, Orenburg State University
THE SIGNIFICANCE OF THE GACACA COURTS AS TRANSITIONAL JUSTICE IN THE POST-GENOCIDE PERIOD IN THE REPUBLIC OF RWANDA
The year 2024 marks the anniversary of one of the tragic events of humanity at the end of the 20th century: the genocide of the Tutsi and moderate Hutus in the Republic of Rwanda. In addition to the International Criminal Court for Rwanda, which has been established under the auspices of the UN in 1994, the Gacaca courts have played an important role in establishing justice, punishing perpetrators and national reconciliation.
The purpose of this article is to highlight the significant role of the Gacaca courts to transitional justice in Rwanda.
Keywords: crime of genocide, transitional justice, international criminal law, International Criminal Tribunal for Rwanda, Gacaca courts, Republic of Rwanda.
Article bibliography
1. Neil J. Kritz. Transitional Justice: How Emerging Democracies Reckon with Former Regimes. – Volume 1. – US Institute of Peace Press, 1995. – 672 p.
2. Pradhan D. H. (2020) A Critical Analysis of Transitional Justice and Rule of Law in Post-Authoritarian Democracies. – P. 225-229. – [Electronic resource]. – Access mode: https://www.researchgate.net/publication/340067247_A_Critical_Analysis_of_Transitional_Justice_and_Rule_of_Law_in_Post-Authoritarian_Democracies.
3. David J Simon. Unhappy anniversary: Lessons learned from a tragic retreat 25 years ago. Genocide Studies Program, Yale University. – 2019. – East Timor Bibliography. – [Electronic resource]. – Access mode: https://gsp.yale.edu/resources/bibliographies/east-timor-bibliography.
4. Fitria N. (2023) Exploring the Impact of Human Rights on Diplomatic Relations: A Comparative Analysis of State Interactions. – [Electronic resource]. – Access mode: https://doi.org/10.59141/comserva.v3i1.755. – C 306-312.
5. About transitional justice and human rights (2023). – [Electronic resource]. – Access mode: https://www.ohchr.org/en/transitional-justice/about-transitional-justice-and-human-rights.
6. What Is Transitional Justice? (2023). – [Electronic resource]. – Access mode: https://www.ictj.org/what-transitional-justice.
7. David R. (2017) What We Know About Transitional Justice: Survey and Experimental Evidence. – [Electronic resource]. – Access mode: https://onlinelibrary.wiley.com/doi/10.1111/pops.12395.
8. United Nations, United Nations Human Rights Office of the High Commissioner. About transitional justice and human rights (2023). – [Electronic resource]. – Access mode: https://www.ohchr.org/en/transitional-justice/about-transitional-justice-and-human-rights.
9. The free dictionary by Farlex. Gacaca (2016). – [Electronic resource]. – Access mode: https://www.thefreedictionary.com/gacaca.
10. Gasanabo J. et al. (2020) Rwanda’s Inyangamugayo: Perspectives from Practitioners in the Gacaca Transitional Justice Mechanism. – Article 11. – Volume 14. – P. 154-172. – [Electronic resource]. – Access mode: https://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=1642&context=gsp.
11. O’Reilly C. and Zhang Yi. The Gacaca Courts: Traditional Dispute Resolution in Post-Genocide Rwanda (July 19, 2016). – [Electronic resource]. – Access mode: https://ssrn.com/abstract=2679193 or http://dx.doi.org/10.2139/ssrn.2679193.
12. Pruitt R. W. (2017) Crime and punishment in Rwanda. Contemporary Justice Review. – 20.2. – P. 193-210. – [Electronic resource]. – Access mode: https://www.tandfonline.com/doi/full/10.1080/10282580.2017.1311822.
13. Lahiri K. (2009) Rwanda’s ‘Gacaca’ Courts A Possible Model for Local Justice in International Crime? // International criminal law review. – No. 9(2). – P. 321-332. – [Electronic resource]. – Access mode: https://doi.org/10.1163/157181209×418544.
14. O’Reilly C. and Zhang C. (2016) The Gacaca Courts: Traditional Dispute Resolution in Post-Genocide Rwanda // Social Science Research Network. – P. 24. – [Electronic resource]. – Access mode: https://doi.org/10.2139/ssrn.2679193.
15. Penal reform international. The contribution of the Gacaca juridictions to resolving cases arising from the Genocide. 60. – [Electronic resource]. – Access mode: https://cdn.penalreform.org/wp-content/uploads/2013/06/Gacaca_final_2010_en.pdf.
16. Ingelaere B. (2014) The gacaca courts in Rwanda. In: L. Huyse and M. Salter, eds. 2008. Traditional justice and reconciliation mechanisms after violent conflict: learning from African experiences. – Stockholm: International Idea, 2008. – P. 25-59. – [Electronic resource]. – Access mode: https://www.academia.edu/7417135/The_gacaca_courts_in_Rwanda_In_L_Huyse_and_M_Salter_eds_2008_Traditional_justice_and_reconciliation_mechanisms_after_violent_conflict_learning_from_African_experiences_Stockholm_International_Idea_2008_25_59.
17. Møse E. (2005) Main Achievements of the ICTR // Journal of international criminal justice. – No. 3(4). – P. 920-943. – [Electronic resource]. – Access mode: https://doi.org/10.1093/jicj/mqi068.
18. The ICTR in Brief (2015). – [Electronic resource]. – Access mode: https://unictr.irmct.org/en/tribunal.
19. Rettig M. (2008) Gacaca: Truth, Justice, and Reconciliation in Postconflict Rwanda? // African studies review. – No. 51(3). – P. 25-50. – [Electronic resource]. – Access mode: https://doi.org/10.1353/arw.0.0091.
20. William A. Schabas. Genocide Trials and Gacaca Courts // Journal of international Criminal justice. – 2005. – P. 879-895. – [Electronic resource]. – Access mode: https://doi.org/10.1093/jicj/mqi062.
INTERNATIONAL LAW
SHONIN Nikolay Egorovich
Ph.D. in political sciences, associate professor of International law and international relations sub-faculty, Institute of Law, Ufa University of Science and Technologies, Honored Worker of Higher Education of the Russian Federation
ON THE REALIZATION OF THE SUSTAINABLE DEVELOPMENT GOALS IN THE MIDDLE EAST
The actuality of this research consists in the fact that after the disintegration of the USSR the USA became the single superpower, what was offered for the USA and the NATO-states as a whole an incentive to escalate the struggle for its domination in the world. Such situation has a negative influence on the achievement of the sustainable development goals which were formulated in the 2030 Agenda for Sustainable Development, adopted on September 25, 2015 by all the member states of the UN. These goals are directed at the solution of the social problems, which provide not only the survival, but also a life of dignity for all the mankind. Inasmuch as the solution of all these problems is impossible without sufficient supply of energy, we shall analyze the problems of supply of energy in the Middle East countries as a region, which acute need the achievement of the sustainable development goals especially in consequence of a new escalation of the military-political situation in this region, and the role of Russia in the solution of problems of energy supply. It should be noted that the achievement of the sustainable development goals is possible only under the conditions of establishing a fair multipolar world which is guaranteed by Russia and China which have successfully restored its power.
The objective of this research is to analyse the state of energy supply in the Middle East countries without which the achievement of the sustainable development goals is impossible in economics, employment and education.
Keywords: UNO, Middle East, the sustainable development goals, energy supply, sources of energy, atomic energy, diversification of the sources of energy, education.
Article bibliography
1. Nigmatullin, R. V. Middle Eastern vector of the oil and gas strategy of the Russian Federation // Eurasian Law Journal. – 2020. – No. 12 (151). – P. 18-21.
2. Kortunov P. A. Rosatom projects in the Middle East: development prospects and potential challenges (2020): Report No. 61/2020 / [P. A. Kortunov]; Russian International Affairs Council (RIAC). – M.: NP RIAC, 2020. – P. 4-36.
INTERNATIONAL LAW
GRINEVA Darya Vladimirovna
postgraduate student of International law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
IMPROVING THE EFFECTIVENESS OF THE IMPLEMENTATION OF UNIVERSAL CRIMINAL JURISDICTION IN THE RUSSIAN FEDERATION
In the article, the author examines the legal status and the possibility of States exercising jurisdiction on the basis of the principle of universality. The approaches to the development of the term “universal criminal jurisdiction” are analyzed, attention is drawn to the main unresolved problem in the application of universal criminal jurisdiction: the lack of a fixed list of falling crimes under it. The author of the article also reflects controversial situations with the application of universal criminal jurisdiction: identification with the protective principle and the principle of aut dedere aut judicare – similarities and differences with universal criminal jurisdiction are given. Further, the article discusses the problems of investigating international crimes based on the application of universal criminal jurisdiction, primarily related to the implementation of international crimes into national legislation. The criminal legislation of the Russian Federation provides for the application of universal criminal jurisdiction on the basis of part 3 of Article 12 of the Criminal Code of the Russian Federation, however, on one condition – the existence of an international treaty providing for this or another document of an international character recognized on the territory of the Russian Federation. Consequently, the grounds for the application of universal criminal jurisdiction are rather narrowed in comparison with customary international law, which is why the author suggests various ways to improve the effectiveness of the implementation of universal criminal jurisdiction in the Russian Federation: the inclusion in part 3 of Article 12 of the Criminal Code of the Russian Federation of references to generally recognized principles and norms of international law as the basis for the application of universal criminal jurisdiction, or references to the chapter from the special part of the Criminal Code of the Russian Federation, which provides for a range of crimes falling under universal criminal jurisdiction, with the elaboration and amendment of the relevant articles of Chapter34 of the Criminal Code of the Russian Federation, or the enumeration in part 3 of Article 12 of the Criminal Code of the Russian Federation of the elements of crimes providing for the exercise of criminal jurisdiction on the principle of universality.
Keywords: state, jurisdiction, international crimes, the principle of universality, legal basis, criminal law, amendments to legislation, generally recognized principles and norms of international law.
Article bibliographic list
1. Bogush G. I., Esakov G. A., Rusinova V. N. International crimes: a model of implementation in Russian legislation: monograph. – M .: Prospect, 2018. – 176 p.
2. Dodonov V. N., Chetvertakova E. Yu. The principle of universal jurisdiction in the criminal law of Russia and foreign countries and the mechanisms for its implementation: manual. Acad. Prosecutor General’s Office of the Russian Federation. ― M., 2017. ― 237 p.
3. Kayumova A. R. Criminal jurisdiction in international law: issues of theory and practice: dis. … doctor of law. ― Kazan, 2016. ― 448 p.
4. Kurnosova T. I. Implementation of international legal norms on war crimes and crimes against humanity in Russian criminal legislation: abstract of dis. … candidate of law. ― M., 2016. ― 312 p.
5. Rusinova V. N. Violations of international humanitarian law: individual criminal responsibility and prosecution: abstract of dis. … candidate of law. – M., 2005. – 211 p.
6. Orentlicher D. F. Whose Justice? Reconciling Universal Jurisdiction with Democratic Principles, in T. J. Biersteker [et al.] (eds.) // International Law and International Relations. – 2007. ― 276 p.
7. Tuzmukhamedov B. The Implementation of International Humanitarian Law in the Russian Federation // International Review of the Red Cross. – 385. – 2003. ― 525 p.
INTERNATIONAL LAW
DENISOV Mikhail Andreevich
postgraduate student, Institute of International Transport Management, St. Petersburg
ENVIRONMENTAL AND LEGAL REGIME OF THE BALTIC MARITIME REGION: LEGAL ASPECTS OF REGIONAL COOPERATION
Few seas in the world are as vulnerable as the Baltic Sea, the marine environment and coastal areas of which are subject to pollution of various origins. Globalization of environmental problems and environmental risks, mainly supranational, pose a challenge to legal systems that traditionally rely on the state. National states alone cannot ensure successful protection of the marine environment. The purpose of the work is to study the legal aspects of cooperation between coastal countries in developing the environmental and legal regime of the Baltic Sea region. Five levels of the environmental and legal regime of the Baltic Sea region are identified and characterized. It is noted that the geopolitical conflict between the EU and Russia, the two dominants in the region, has a negative impact on the development of the environmental legal regime. The problem is also the multiplicity of applicable legislation on natural resources and environmental protection and, as a result, the risk of duplication or jurisdictional conflicts. It is concluded that the “Environmental Code of the Baltic Sea Region” should serve as the institutional basis for the integrated joint management of the Baltic ecosystem.
Keywords: Baltic Sea, marine environment, competition protection, regional cooperation, environmental problems of the Baltic Sea Region.
Article bibliography
1. Yusupova Z. A., Mukhametgareeva N. M. On some problems of development of international environmental law // The rule of law: theory and practice. 2017. No. 2 (48). P. 173-175.
2. Klemeshev A. P., Korneevets V. S., Palmovsky T., Studzhinitsky T., Fedorov G. M. Approaches to defining the concept of “Baltic region” // Balt. reg. 2017. No. 4. P. 7-28.
3. Kulakovskaya V. A., Sanin A. Yu. On the economic consequences of environmental conflicts in the coastal zone of the Baltic Sea // Public administration. Electronic Bulletin. 2022. No. 90. P. 126-142.
4. Ezhova T. G. International legal protection of the Baltic Sea from pollution: author’s abstract. diss. … candidate of legal sciences: 12.00.10. Moscow, 2014. 31 p.
5. Kabelkaite Yu. A. Environmental problems and international cooperation in the Baltic Sea region // Geography. 2003. No. 32. P. 3-12.
6. Comprehensive assessments of the Baltic Sea // Baltic Marine Environment Protection Commission. Official website. [Electronic resource]. – Access mode: https://helcom.fi/baltic-sea-trends/holistic-assessments/ (date accessed: 01.09.2024).
7. Minin V. B. Towards a new HELCOM action plan for the protection of the Baltic Sea // AgroEcoEngineering. 2020. No. 3 (104). P. 108-122.
8. Trufanova I. S. Catches and stock status of Baltic herring in the Russian waters of the Baltic Sea (ICES subarea 26) // Infisheries surveys. 2022. No. 2. P. 165-173.
9. Reports on munitions dumped at sea for the 32nd session of the Baltic Sea Parliamentary Conference // Baltic Sea Parliamentary Conference. Official website. [Electronic resource]. – Access mode: https://www.bspc.net/rapporteurs/bspc-rapporteur-on-sea-dumped-munitions/ (date accessed: 09/06/2024).
10. Tarasova A. S. Development of the concept of cross-border cooperation in Russian and foreign historiography // Bulletin of RUDN. Series: General History. 2024. No. 2. P. 240-259.
11. Vorotnikov V. V., Chekov A. D., Yakutova U. V. Regional construction projects in the Baltic region: the legacy of the interwar era and modern dynamics // International Analytics. 2019. No. 1-2. P. 52-64.
12. Kosov Yu. V., Gribanova G. I. EU strategy for the Baltic Sea region: problems and prospects of international cooperation // Balt. reg. 2016. No. 2. P. 48-66.
INTERNATIONAL LAW
LOPATUKHIN Klim Dmitrievich
postgraduate student of Private international law sub-faculty, Institute of postgraduate studies, Moscow State Law University (MSAL)
PECULIARITIES OF RECOGNITION AND ENFORCEMENT OF INVESTMENT ARBITRATION AWARDS IN FOREIGN COUNTRIES
The article examines the main specific features of investment arbitration as a means of dispute resolution. It studies the main mechanisms used and trends in the development of the system of recognition and enforcement of investment arbitration awards in some countries of the world, such as India and Japan. It identifies key international regulatory legal acts that affect the recognition and enforcement of investment arbitration awards, as well as prospects for their development and improvement.
Keywords: investment arbitration, decision, enforcement proceedings, enforcement, investment agreement, investment dispute
Article-by-article bibliographic list
1. World Investment Report 2021: Investing in a Resilient Recovery. Overview. United Nations Conference on Trade and Development (UNCTAD). P. 11. [Electronic resource]. – Access mode: https://unctad.org/system/files/official-document/ wir2021_overview_ru.pdf.
2. Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) [Russian, English] (concluded in Washington on 18.03.1965). Access from the reference and legal system “ConsultantPlus”.
3. Pravdina A. A. The Phenomenon of Delocalization of International Commercial Arbitration // International Law. 2017. No. 2. Pp. 7-18. [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=23161
4. Recognition and Enforcement of Foreign Arbitration Awards in Russia and the Former USSR Countries / Ed. R. O. Zykov. M.: Arbitration Association, 2019. Access from the reference and legal system “ConsultantPlus”.
INTERNATIONAL LAW
MAKOEVA Ruzana Khabasovna
assistant of Theory and history of state and law sub-faculty, Institute of Law, Economics, and Finance, H. M. Berbekov Kabardino-Balkarian State University, Nalchik
PROTECTING HUMAN RIGHTS IN A WARMING WORLD: THE ROLE OF THE UN HUMAN RIGHTS SYSTEM
As the climate crisis intensifies, its impact on human rights demands a robust international legal response. This article examines the crucial role of the UN Human Rights System in shaping this response. We explore how these bodies are influencing the development of international legal institutions dedicated to protecting human rights in the face of anthropogenic climate change. A particular focus is placed on the critical challenge of defining the legal obligations of states to protect human rights in a warming world. Furthermore, the article provides a comprehensive analysis of the work of UN quasi-judicial bodies in resolving climate-related disputes, shedding light on the evolving legal landscape for climate justice.
Keywords: human rights, climate change, UN treaty bodies, conventional bodies, quasi-judicial institutions, Human Rights Council, UN Committee on Human Rights.
Bibliographic list of articles
1. Solntsev A. M. Climate problems in the decisions of national and international courts. DOI: 10.31249 /iajpravo/2024.01.10
2. Alice Venn Rendering International Human Rights Law Fit for Purpose on Climate Change Human Rights Law Review, 2023, 23, 1-25
3. John H. Knox. Human rights principles and climate change. [Electronic resource]. – Access mode: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2523599 (date of access: 11.09.2024).
INTERNATIONAL LAW
MONAKHOV German Dmitrievich
student of the 2nd course master’s degree, Oriental Institute, School of Regional
TUSHAKOV Roman Radionovich
student of the 1st course of the bachelor’s degree, Law School, Far Eastern Federal University, Vladivostok
THE “ONE CHINA” PRINCIPLE AS A NORM OF INTERNATIONAL LAW
In the article, the authors raise the issue of the legal content of the “one China” principle. Less than 20 years ago, the official Chinese authorities began to promote the narrative of the “one China” principle as a universal consensus and the basic norm of international relations. However, such concepts are unknown to international law. In an attempt to find the normative content in the “one China” principle, the authors analyzed the correspondence of this principle to three well-known types of norms of international law (in form): the contractual norm, the customary norm and the general principle of international law. However, as it was established by the authors, the essence and content of the “one China” principle do not correspond to any of these types of norms. The principle of “one China” cannot be a general principle because it is not the general principle of international law and it is not applicable to solving international legal issues outside of the discussion on the Taiwan issue. It also cannot be a contractual norm, since it is not enshrined in any international legal treaty, and UNGA Resolution 2758, which the Chinese side relies on to substantiate its international legal character, is only an international legal document. Moreover, the principle of “one China” is currently devoid of specific content (many States understand its meaning and content in different ways), therefore it cannot claim the status of an ordinary norm of international law. In conclusion, the authors conclude that the principle of “one China” has no legal essence, but is only political in nature. And such expressions of the Chinese side as “the basic norm of international relations” and “universal consensus” are rather political in nature and have nothing to do with the international legal characterization of the “one China” principle.
Keywords: “the one China” principle, the Taiwan issue, UN General Assembly Resolution 2758, reunification of China, international legal custom, general principle of international law.
Bibliographic list of articles
1. Restoration of the legitimate rights of the People’s Republic of China in the United Nations. UN General Assembly Resolution 2758. October 25, 1971.
2. Leksyutina Ya. V. Strategy and tactics of Taiwan’s foreign policy in the context of escalating tensions with China // International Analytics. – 2022. – No. 13 (4). – P. 76-93.
3. Romashev Yu. S. General principles of law in the system of international law // Law. Journal of the Higher School of Economics. – 2021. – No. 3. – P. 148-174.
4. Atkinson J. Why Tuvalu still chooses Taiwan. Eastasiaforum. October 24, 2022. [Electronic resource]. – Access mode: https://eastasiaforum.org/2022/10/24/why-tuvalu-still-chooses-taiwan/
5. Jash A. The “One-China Principle”: China’s “Norm” versus Global Realities. Global Taiwan Institute. February 21, 2024. [Electronic resource]. – Access mode: https://globaltaiwan.org/2024/02/the-one-china-principle-chinas-norm-versus-global-realities/
6. Jaushieh Joseph Wu. “Report by Jaushieh Joseph Wu, Minister of Foreign Affairs of the Republic of China (Taiwan), at the Foreign and National Defense Committee of the Legislative Yuan,” March 17, 2022. [Electronic resource]. – Access mode: https://en.mofa. gov.tw/News_Mid.aspx?n=1303&sms=268
7. Lee Y. Tuvalu rejects China offer to build islands and retains ties with Taiwan. Reuters. November 21, 2019. [Electronic resource]. – Access mode: https://www.reuters.com/article/us-taiwan-diplomacy-tuvalu/tuvalu-rejects-china-offer-to-build-islands-and-retains-ties-with-taiwan-idUSKBN1XV0H8/
8. One-China principle general consensus of the international community: Chinese FM. Global Times. May 20, 2024. [Electronic resource]. – Access mode: https://www.globaltimes.cn/page/202405/1312643.shtml
9. Steger I. A Pacific island nation of 11,000 people is picking a fight with China. Quartz. September 6, 2018. [Electronic resource]. – Access mode: https://qz.com/1380770/taiwans-ally-nauru-fights-with-china-at-pacific-islands-forum
10. Shaw M. International Law // Essex Court Chambers/Lauterpacht Center for International Law, University of Cambridge.
11. The One-China Principle is a Universally Recognized Basic Norm Governing International Relations. Official website of the Embassy of the People’s Republic of China in the Republic of the Philippines. 19 March 2024. [Electronic resource]. – Access mode: http://ph.china-embassy.gov.cn/eng/sgdt/202403/t20240319_11262567.htm
12. The Taiwan Question and China’s Reunification in the New Era (adopted by The Taiwan Affairs Office at the State Council and The State Councilcil Information Office, August 2022). [Electronic resource]. – Access mode: https://english.www.gov.cn/archive/whitepaper/202208/10/content_WS62f34f46c6d02e533532f0ac.html
13. Wu Ch., Li Ch., Lin Y., China’s Word Game: A New Narrative of the “One China Principle”. The Diplomat. August 16, 2023. [Electronic resource]. – Access mode: https://thediplomat.com/2023/08/chinas-word-game-a-new-narrative-of-the-one-china-principle/
14. Wu C. Taiwan and the Myth of UN General Assembly Resolution 2758. Verfassungsblog. April 14, 2023. [Electronic resource]. – Access mode: https://verfassungsblog.de/taiwan-and-the-myth-of-un-general-assembly-resolution-2758/
15. Xinhua Commentary: U.S. breach of one-China principle undermines post-war int’l order. Xinhua. August 19, 2022. [Electronic resource]. – Access mode: https://english.news.cn/20220819/aa327acbb0b44b0e9c35b6d677da1433/c.html
16. Zhao X. Firmly Adhere to the one-China Principle Safeguard Peace and Stability across the Taiwan Strait. Official website of the Embassy of the People’s Republic of China in Islamic Republic of Afghanistan. May 20, 2024. [Electronic resource]. – Access mode: http://af.china-embassy.gov.cn/eng/sgxw/202405/t20240520_11308024.htm
INTERNATIONAL LAW
PISKUNOV Kirill Vitaljevich
postgraduate student, Institute of International Transport Management, St. Petersburg
EVOLUTION OF THE LIABILITY REGIME OF THE SEA CARRIER OF CARGO IN INTERNATIONAL LAW
The liability of the carrier in international sea transportation for damage, breakage or delay in delivery of the transported cargo is a key issue in sea transportation, especially from the point of view of international maritime law. The article examines the provisions of Roman law, the trade customs of medieval port cities, and conducts a comparative study of various international rules regarding the liability of the carrier in international contracts of carriage by sea that exist today. It is noted that the Hague-Visby Rules have been criticized by shippers for decades, as they were considered unbalanced and too favorable to the carrier. However, the Hamburg and Rotterdam Rules, which tighten the liability regime, were not accepted by the international community, which allows us to conclude that there is active opposition to tightening the liability regime for carriers.
Keywords: sea transport, carrier liability, Hague-Visby Rules, Rotterdam Rules, Hamburg Rules.
Article bibliography
1. Novitskaya A. A. Forms of the contract of carriage by sea in Roman law. Labeo’s approach to overcoming problems caused by contractual typicality // Gaps in Russian legislation. – 2013. – No. 6. – P. 125-130.
2. Komnatnaya Yu. A., Miroshnikov E. V., Ostapyuk V. G. On the issue of the existence of trade customs (lex mercatoria) in medieval Europe before the 17th century // Nomothetika: Philosophy. Sociology. Law. – 2021. – No. 1. – P. 134-144.
3. Komnatnaya Yu. A., Chistyukhina M. V. Territorial effect of international commercial customs (lex mercatoria) – the Oléron scrolls (11th-13th centuries) – and their influence on the national law of medieval European states: a systematic review // Manuscript. – 2021. – No. 5. – P. 814-822.
4. The maritime law of the Rhodians // Eastern literature. Medieval historical sources of the East and West. – [Electronic resource]. – Access mode: https://www.vostlit.info/Texts/Dokumenty/Byzanz/VIII/Rodos_morsk_zakon/text.phtml (accessed: 02.10.2024).
5. Skaridov A. S. Maritime law in 2 volumes. Volume 2. International maritime commercial law: textbook for universities. 4th ed., revised. and additional. – Moscow: Publishing house Yurait, 2024. – 376 p.
6. Efimov S. A. Unification of the execution of contractual relations in the transportation of nuclear materials by sea // Problems of Economics and Legal Practice. – 2011. – No. 3. – P. 131-134.
7. Chertkov A. G. Limitation of liability of an international sea carrier for failure to preserve cargo // Transport law and security. – 2022. – No. 4 (44). – P. 21-36.
8. Kosovskaya V. A. Efficiency of modern international legal regulation of sea cargo transportation // Bulletin of Moscow State Pedagogical Univ. Series: Legal Sciences. – 2020. – No. 4 (40). – pp. 46-54.
INTERNATIONAL LAW
SCOBILEVA Irina Vyacheslavovna
student of the 4th course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence”, Law School, Far Eastern Federal University, Vladivostok
MAKHONIN Danila Dmitrievich
student of the 4th course of the bachelor’s degree in the field of study 03/40/01 “Jurisprudence”, Law School, Far Eastern Federal University, Vladivostok
USACHEV Alexander Sergeevich
student of the 1st course of the master’s degree in the field of training M6124-40.04.01usdop “Legal support of the activities of public authorities and representation in court”, Law School, Far Eastern Federal University, Vladivostok
CLIMATE CHANGE AS A GLOBAL ISSUE OF INTERNATIONAL LAW
Climate change has become one of the most serious global challenges facing humanity in the 21st century. The article explores various aspects of climate change in the context of international law, as well as its impact on the international legal order and the obligations of states. Key international agreements such as the UN Framework Convention on Climate Change and the Kyoto Protocol are analyzed. The main consequences of global climate change, expressed in the disappearance of islands and coastal zones, as well as the issues of human rights protection in the context of climate change are considered.
Keywords: climate change, global problems, global warming, international environmental law, UN Framework Convention on Climate Change, greenhouse gas emissions, international responsibility, principle of differentiated responsibility, melting glaciers, «environmental refugees».
Article bibliography
1. Declaration of the United Nations Conference on the Human Environment, adopted by the United Nations Conference on the Human Environment, Stockholm, 1972. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/declarations/declarathenv.shtml (date of access: 20.11.2024).
2. Report of the Secretary-General on the work of the UN. GA, 64th session. New York, 2009. [Electronic resource]. – Access mode: https://www.un.org/ru/ga/64/agenda/sgreports.shtml (date of access: 20.11.2024).
3. The United Nations Framework Convention on Climate Change, adopted on 9 May 1992. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/climate_framework_conv.shtml (date of access 26.11.2024).
4. Convention relating to the Status of Refugees, adopted on 28 July 1951 by the Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, convened pursuant to General Assembly resolution 429 (V) of 14 December 1950. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/refugees.shtml (date of access: 25.11.2024).
5. Kyoto Protocol to the United Nations Framework Convention on Climate Change, adopted on December 11, 1997. [Electronic resource]. – Access mode: https://www.un.org/ru/documents/decl_conv/conventions/kyoto.shtml (date of access: 25.11.2024).
6. Solntsev A. M. Climate Change: International Legal Dimension // Moscow Journal of International Law. 2018. No. 1. P. 60-78.
7. Shakleina T. A., Baikov A. A., Batalov E. Ya., Simoniya N. A. et al. Megatrends. The Main Trajectories of the Evolution of the World Order in the 21st Century: A Textbook for Universities / Edited by Shakleina T. A. and Baikov A. A. Moscow: Aspect Press. 2013. Pp. 53-67.
8. Abdullin A. I., Mingazov L. Kh. International Environmental Law: A Textbook for Universities / Editor-in-Chief Valeev R. M. Moscow: Statut Publishing House. 2012. Pp. 89-93.
9. The Guardian: article “China’s emissions of two potent greenhouse gases rise 78% in decade” dated 15.07.2024. [Electronic resource]. – Access mode: https://www.theguardian.com/world/article/2024/jul/15/chinas-emissions-of-two-potent-greenhouse-gases-rise-78-in-decade (date of access: 26.11.2024);
10. RG.RU: article “Mesyatsev Island has completely disappeared in the Arctic – it has melted” from 02.11.2024. [Electronic resource]. – Access mode: https://rg.ru/amp/2024/11/02/v-arktike-polnostiu-ischez-ostrov-mesiaceva-on-rastaial.html (date of access: 26.11.2024).
INTERNATIONAL LAW
SUBHONZODA Abdumannon Subhon
adjunct of Human rights and international law sub-faculty, Faculty of Training of Scientific, Pedagogical and Scientific Personnel, V. Ya. Kikot Moscow University of the MIA of Russia
INTERNATIONAL LEGAL REGULATION OF COOPERATION BETWEEN THE UNITED NATIONS AND INTERNATIONAL REGIONAL ORGANIZATIONS IN PEACEKEEPING ACTIVITIES
The article examines the international legal framework governing the issues of cooperation between the United Nations (hereinafter the UN) and some international regional organizations in the framework of modern peacekeeping. In the course of the analysis, models of UN interaction with international regional organizations were identified, the practice of such interaction was studied and prospects for further development of international regional peacekeeping with the central role of the UN in these processes were determined.
Keywords: United Nations, European Union, African Union, Collective Security Treaty Organization, peacekeeping, cooperation, joint missions, hybrid missions.
Prystateinbibliographic list
1. Bokeria S. A. UN-AU partnership in peacekeeping: trends and problems // Bulletin of international organizations: education, science, new economy. – 2022. – Vol. 17, No. 2. – P. 189-207.
2. Kornilenko A. V. Peacekeeping potential of the Collective Security Treaty Organization // Bulletin of RUDN. Series: International relations. – 2020. – No. 4. – P. 37-44.
3. Kashirina T. V., Turlybaeva D. T. Collective Security Treaty Organization and its activities in the military-political sphere: monograph. – M.: Dashkov i K⁰, 2023. – 267 p.
4. Romadan L. I. Evolution of UN peacekeeping activities in the late 20th – early 21st centuries (using the African continent as an example). Abstract of dissertation. 23.00.04 – Political problems of international relations. – M., 2019. – 24 p.
5. Subkhonzoda A. S. Current issues of international legal regulation of cooperation between the United Nations and the African Union in peacekeeping activities // Eurasian Law Journal. – 2023. – No. 6. – P. 53-55.
6. Fedorov M. S. EU peacekeeping activities: potential, mechanisms, practice: monograph / Edited by N. Yu. Kaveshnikov. – M.: MGIMO-University, 2021. – 295 p.
INTERNATIONAL LAW
TONKOSHTAN Anastasiya Ruslanovna
student of the 3rd course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
SOKOLOVA Elizaveta Mikhaylovna
student of the 3rd course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
PETRENKO Elena Gennadjevna
Ph.D. in Law, associate professor, I. T. Trubilin Kuban State Agrarian University
THE IMPACT OF THE SPECIAL MILITARY OPERATION ON RUSSIA’S RELATIONS WITH OTHER COUNTRIES
This article examines the implications of the special military operation for Russia’s international relations with various countries. It examines how Russia’s actions on the international stage have changed the dynamics of diplomatic ties, led to new alliances and tensions in existing relations. Particular attention is paid to Western countermeasures, including sanctions and changes in trade relations, as well as the reactions of countries considering cooperation with Russia. It also examines the long-term geopolitical consequences of the operation, including the impact on security in Europe, the Asia-Pacific region and the Middle East. Based on the collected data and expert opinions, conclusions are drawn about possible scenarios for the development of Russia’s international relations in the future and how current events may change the balance of power in world politics. The article includes both quantitative and qualitative analysis, which allows for a deeper understanding of the complex interrelations between actors on the international stage in times of crisis.
Keywords: special military operation, world politics, sanctions policy, relations with the countries of the East, peaceful settlement of the conflict, international arena.
Article bibliography
1. Nikonov V. A. Special military operation and the new world order // Public administration. Electronic Bulletin. 2023. No. 99. Pp. 7-34.
2. Sebekin S. A. The role of the Shanghai Cooperation Organization and BRICS in ensuring international information security in the context of the ongoing conflict in Ukraine // Russian-Chinese studies. 2022. Vol. 6., No. 4. P. 276-287.
3. Balashova S. P., Balashov V. V. Trends in the Development of Cooperation between Russia and the Countries of Central Asia // Economy and Business: Theory and Practice. 2024. No. 4-1 (110). P. 28-32.
4. Shumilov A. V. Geopolitical Role of Russia and China’s Activities within the SCO and BRICS in the Formation of the Integration Outline // PolitBook. 2024. No. 1. P. 155-165.
5. Chirkov M. A., Shapovalova A. V., Chistyakov M. S. On the Impact of Western Sanctions on the Russian Economy in the Context of a Special Military Operation // Free Thought. 2022. No. 4 (1694). P. 147-162.
6. Klunko N. S., Egorova L. V. Industrial transformation of Russia against the background of a special military operation: sanctions and parallel imports // Interactive Science. 2023. No. 3 (79). pp. 72-77.
INTERNATIONAL LAW
HANUN Odai A M
postgraduate student of International law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
COOPERATION BETWEEN STATES ON COMBATTING TERRORISM WITHIN THE FRAMEWORK OF THE ORGANIZATION OF ISLAMIC COOPERATION
This article analyzes the activities of the Organization of Islamic Cooperation in the field of combating international terrorism. The Organization of Islamic Cooperation is making active efforts to develop a legal framework to counter terrorist threats, and an agreement has been successfully reached on a unified approach to measures against terrorism.
Keywords: international law, Organization of Islamic Cooperation, fight against terrorism, international organizations, criminal responsibility.
Article bibliography
1. Mirakhmadi M., Mehraban A. Ideology of Sayyid Qutb and Radical Islam // Pazhukhishnamae Ulumi Siyasi. 2009. – No. 4. – P. 175-212.
2. Hall P. A., Taylor C. R. Political Science and Three new institutionalism. – Germany: Max-Planck-Institute. A paper presented at Board’s meeting on May 9, 1996. – Рp. 5-25.
3. Douglas C. N. Institutions, Institutional Change and Economic Performance. – Cambridge University Press, 1990. – Рp. 36-46.
4. Zonova TV Coercive Diplomacy The Libyan Case // International Processes. – 2017. – Vol. 15, No. 1. – P. 35-48.
5. Ivanishchev VO Application of a Neo-Institutional Approach to the Study of the Problem of Extremism // Young Scientist. – May 2015. – No. 10 (90). – P. 1018-1021.
6. Rahmani M. Iran’s Role in Enhancing the International Authority of the OIC // (in Farsi). – Qom Pegah-e Khoze, 2011. – No. 10. – P. 2.
7. Grigory K. Organization of Islamic Cooperation: Priorities and Political Course. – [Electronic resource]. – Access mode: http://russiancouncil.ru/analytics-and-comments/analytics/organizatsiya-islamskogosotrudnichestva-prioritety-i-politi/ (date of access: 20.07.2024).
8. Vasetsova E. S. The role of international institutions in political counteraction to modern terrorism: dis. … candidate of political sciences: 23.00.02. – M., 2012. – P. 191.
INTERNATIONAL LAW
TRUSHKOV Ivan Igorevich
student, Far Eastern Federal University, Vladivostok
SUKHANOVA Darya Igorevna
student, Far Eastern Federal University, Vladivostok
KUTDUSOVA Anastasiya Valerjevna
student, Far Eastern Federal University, Vladivostok
LEGAL CONFLICTS IN THE REGULATION OF MARITIME SPACES: PROBLEMS OF THE IMPLEMENTATION OF THE UN CONVENTION ON THE LAW OF THE SEA
The article is devoted to the study of legal conflicts that arises during the implementation of the UN Convention on the Law of the Sea in national legislation. The main provisions of the Convention related to the regulation of maritime spaces are considered and the problems associated with differences in interpretation and adaptation of its norms are analyzed. Special attention is paid to the prospects of eliminating contradictions through strengthening international cooperation, unifying legal standards and taking into account modern challenges such as climate change and marine environmental protection. Recommendations are proposed for improving dispute settlement mechanisms and developing international standards governing the development of marine resources.
Keywords: UN Convention on the Law of the Sea, maritime spaces, legal conflicts, international law, environmental standards, climate change, ocean resources, arbitration, international cooperation.
Bibliographic list of articles
1. Antsupov A. Ya. Legal regulation of maritime spaces: international and national aspects. – M.: Legal Literature, 2018. – 320 p.
2. Golubev I. P. UN Convention on the Law of the Sea: Commentary and Analysis. – SPb.: SPbSU Publishing House, 2020. – 412 p.
3. Crawford J. Brownlie’s Principles of Public International Law. 9th ed. – Oxford: Oxford University Press, 2019. – 832 p.
4. Tanaka Y. The International Law of the Sea. 3rd ed. – Cambridge: Cambridge University Press, 2019. – 564 p.
5. Koh T. T. B. A Constitution for the Oceans: UNCLOS. – Singapore: National University of Singapore Press, 2020. – 288 p.
6. Rothwell D. R., Oude Elferink A. G., Scott K. N., Stephens, T. The Oxford Handbook of the Law of the Sea. – Oxford: Oxford University Press, 2018. – 1234 p.
INTERNATIONAL PUBLIC LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
MINIGULOVA Elmira Rafisovna
Ph.D. in philosophical sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
DEMIDOVA Tatyana Konstantinovna
Ph.D. in political sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
PROBLEMS OF DETERMINING THE LEGAL NATURE OF INTERNATIONAL TREATIES
Given the founding role of agreements, participants in international relations declare their growing importance as a way to expand public internationallaw and peaceful relations in the international community. International agreements have sufficient authority to protect fundamental human rights and freedoms and to realize the legitimate interests of the States. A contract is a generalizing term that includes all acts in writing, regardless of the name, concluded by the parties and having legal force for them.
Keywords: international treaty, States parties, international law, international practice.
Article bibliographic list
1. Gromyko A. A. Pamyatnoe. Book 2. – M.: Politizdat, 1990. – P. 557.
2. Treaty between the Union of Soviet Socialist Republics and the Federal Republic of Germany. – M.: Pravda, 1970. – P. 4.
3. Lukashuk I. I. Subjects of the law of international treaties // State and Law. – 2004. – No. 11. – P. 58.
INTERNATIONAL PRIVATE LAW
GRISHIN Lev Petrovich
postgraduate student of International law sub-faculty, Russian State University of Justice
THE ROLE OF INTERNATIONAL ORGANIZATIONS AND ASSOCIATIONS IN THE IMPLEMENTATION OF A NEW SYSTEM OF SECURITIES ACCOUNTING IN CROSS-BORDER TRANSACTIONS
The paper is devoted to the legal aspects of the creation of new institutions of securities accounting, as well as the prospects of their development within the framework of international associations to which the Russian Federation is a member. The author analyzes the necessity of harmonization of legislation to ensure efficient cross-border circulation of securities and creation of competitive financial infrastructure. The article focuses on the risks and challenges associated with the implementation of existing initiatives, and also examines the consistency of actions of the participants of international associations.
Keywords: securities, securities accounting, financial infrastructure, integration, EAEU, BRICS.
Article bibliography
1. Bezborodova Yu. R. Conflict of laws regulation of cross-border transactions with securities in Russia and foreign countries: dis. … Cand. of Law. – Moscow, 2020. – 212 p.
2. Grishin L. P. On the issue of defining the concept of “securities” in international legal acts // Advances in Law Studies. – 2023. – No. 4. – P. 66-70. DOI: https://doi.org/10.29039/2409-5087-2023-11-4-66-70.
3. Grishin L. P. On some issues of functioning of the accounting system of the securities market of the Russian Federation under sanctions restrictions // Advances in Law Studies. – 2023. – No. 1. – P. 51-55. DOI: https://doi.org/10.29039/2409-5087-2023-11-1-51-55.
4. Shamraev A. V. Issues of conflict regulation of cross-border transfers of funds, securities and digital financial assets // International public and private law. – 2021. – No. 4. – P. 20-24.
INTERNATIONAL PRIVATE LAW
IVANOV Nikita Evgenjevich
postgraduate student of Private international law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
THE ROLE OF THE INTERNATIONAL STANDARD RECORDING CODE (ISRC) IN THE CONTEXT OF CROSS-BORDER PROTECTION AND ENFORCEMENT OF COPYRIGHTS FOR MUSICAL WORKS
The article examines the role of the International Standard Recording Code (ISRC, hereinafter referred to as ISRC) as an essential tool for protecting the rights of authors and other copyright holders of musical works. By analyzing the significance of the ISRC in identifying the ownership of musical works within the global digital space, the study highlights its potential as a tool for tracking, monitoring, and managing intellectual property in the context of cross-border data exchange. The research explores the legal nature of ISRC and its capabilities in safeguarding musical works. Arguing for the necessity of integrating ISRC with modern mechanisms for protecting musical works, the author concludes that such a model of copyright protection in cross-border relations allows digital platforms to more effectively safeguard musical works and contributes to the financial stability of the music industry as a whole.
Keywords: Copyright, cross-border copyright, International Standard Recording Code (ISRC), digital protection technologies, intellectual property objects, musical works.
Article bibliography
1. Lutkova O. V. Regulation of cross-border copyright relations, the object of which are works with a lost copyright holder (orphan) // Actual problems of Russian law. – 2020. – Vol. 15, No. 12. – P. 109-121. – DOI: 10.17803/1994-1471.2020.121.12.109-121.
INTERNATIONAL PRIVATE LAW
KAZAKOVA Sofiya Petrovna
bachelor student of the 4th course, Faculty of Law, 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, I. T. Trubilin Kuban State Agrarian University, Krasnodar
FOMENKO Elizaveta Dmitrievna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
REGULATION OF COMMERCIAL RELATIONS IN THE FIELD OF CROSS-BORDER TRADE IN SERVICES USING DIGITAL SOURCE TECHNOLOGIES “LEX MERCATORIA”
The article is devoted to the study of commercial relations in the field of cross-border trade in services using digital technologies by the sources of “lex mercatoria”. The study of the sources of lex mercatoria, financial platforms, self-regulation issues, as well as customs regulating foreign economic activity in the provision of services is conducted. The main problematic issues related to the lack of clear regulation of commercial relations in the field of cross-border trade in services using digital technologies by the sources of “lex mercatoria” are identified. A proposal is presented to create a system for electronic recording of user agreements affecting the rights and obligations of users, as well as to create a self-regulatory organization in the field of cross-border trade in digital services.
Keywords: commercial relations, cross-border trade, digital technologies, digital platforms, self-regulatory organization.
Bibliographic list of articles
1. Efimova L. G. Types of legal relations arising on the blockchain platform // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 1 (8). – P. 16.
2. Glinshchikova T. V. Problems of determining the applicable law to an international factoring agreement // Humanitarian, socio-economic and social sciences. – 2015. – No. 4. – P. 135-137.
3. On the conclusion of financial transactions using the financial platform: federal law of 20.07.2020 No. 211-FZ with amendments and add. from 04.08.2023. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_357765/
4. Majorina M. V. Network paradigm of private international law: outlining the concept // Actual problems of Russian law. – 2019. – No. 4. – P. 140.
COMPARATIVE LAW
BELOVA Yuliya Nikolaevna
postgraduate student of Civil law and process and international private law sub-faculty, Patrice Lumumba Peoples Friendship University of Russia, Head of the Group of the Legal Department of JSC “MIC “NPO Mashinostroeniya”, Reutov, Moscow region
COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE RUSSIAN FEDERATION ON PROCUREMENT OF CERTAIN TYPES OF LEGAL ENTITIES AND THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON PROCUREMENT OF CERTAIN SUBJECTS OF THE QUASI-PUBLIC SECTOR
The article examines the regulation of procurement activities of corporate customers in the Russian Federation and the Republic of Kazakhstan by conducting a comparative legal analysis. The subject of the study is the individual provisions of the system of regulations in the field of corporate procurement of these states. Special attention is paid to the search for distinctive features of the legal regulation of procurement systems, expressed in the degree of freedom provided to customers in organizing procurement activities. The main conclusions of the study are: the procurement system of individual subjects of the quasi-public sector of the Republic of Kazakhstan, along with the Russian Federation, is at a high level of legal regulation, while the legislation on quasi-public procurement of the Republic of Kazakhstan uses different techniques and methods of legal regulation from the Russian Federation, based on the practice-oriented nature of procurement relations, maximally regulating the stages of procurement procedures, thereby reducing the risks of disputes and disagreements during their implementation.
Keywords: procurement activities, quasi-public sector, corporate customer, procurement procedures, qualification selection, expert commission, conclusion of a contract.
Article bibliography
1. Belova Yu. N. Legal features of including information in the register of unscrupulous suppliers in the course of corporate procurement in the context of sanctions reality // Competition Law. – 2024. – No. 4. – P. 16. – DOI: 10.18572/2225-8302-2024-4-15-18.
2. Belyaeva O. A. Interdependent persons in corporate procurement: how will regulation change in 2022? // “PROGOSZAKAZ.RF”. – 2022. – No. 2, February.
3. Vlasenko N. A. Uncertainty in law: nature and forms of expression // Journal of Russian Law. – 2013. – No. 2. – P. 32-44.
4. Eleusizova I. K., TurlybekD. M. Some issues of improving certain aspects of the current (positive) law of the Republic of Kazakhstan (expert group of the Rule of Law Institute). – [Electronic resource]. – Access mode: https://online.zakon.kz/lawyer.
5. Ershova I. V. Law and the real sector of the Russian economy: Monograph / Ed. V. A. Laptev. – M .: Prospect, 2024 .– 480 p.
6. Legal basis for procurement of quasi-public sector entities in the Republic of Kazakhstan Eleusizova I. K., Turlybek D. M. – [Electronic resource]. – Access mode: https://online.zakon.kz/lawyer.
7. Rybakov V. A. Criteria for determining the effectiveness of law // Law enforcement. – 2019. – Vol. 3, No. 2. – P. 5-13. – DOI: 10.24147/2542-1514.2019.3(2).5-13.
8. Modern problems of development of business and corporate law in Russia and abroad (monograph): on the fifth anniversary of the Journal of Business and Corporate Law (Andreev N. Yu., Arzumanova L. L., Belykh V. S., Belyaeva O. A., Brizkun K. A. et al.; under the general editorship of Doctor of Law, Assoc. Prof. V. A. Vaipana, Doctor of Law, Prof. M. A. Egorova). – M .: “Yustitsinform”, 2021. – 672 p.
9. Khozerova E. E. Legal regulation of vacations in the Republic of Kazakhstan and the Russian Federation: a comparative analysis // Journal of Foreign Legislation and Comparative Law. – 2017. – No. 5, September-October.
THEORY OF STATE AND LAW
AGABALAEV Mukhamed Imedinovich
Ph.D. in Law, Humanitarian disciplines sub-faculty, Rector of the Private Educational Institution of Higher Education Social and Pedagogical University
THE PROBLEM OF DEFINING THE ESSENCE AND CHARACTERISTICS OF THE STATE
The article examines the problem of defining the essence and characteristics of the state as a key element of political and legal science. Various approaches to understanding the state are analyzed, including its historical, philosophical and legal aspects. Particular attention is paid to the main characteristics of the state, such as sovereignty, territoriality, the presence of a system of government bodies and a legal system. Modern challenges and changes in the concept of the state caused by globalization, transnational processes and technological development are discussed. The article is intended for researchers, students and all those interested in studying the theory of state and law.
Keywords: state, characteristics, sovereignty, public authority.
Article bibliography
1. Avilkina A. A. Interpretations of the essence and characteristics of the state in domestic legal doctrines of the twentieth – early twenty-first centuries // NAU. – 2020. – No. 53-2 (53). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/interpretatsii-suschnosti-i-priznakov-gosudarstva-v-otechestvennyh-pravovyh-ucheniyah-hh-nachala-hhi-veka (date of access: 23.11.2024).
2. Avilova O. G., Gerasimenko T. V., Naumov R. The problem of defining the essence and characteristics of the state // MNKO. – 2013. – No. 4 (41). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-opredeleniya-suschnosti-i-priznakov-gosudarstva (date of access: 23.11.2024).
3. Bondarenko D. M. The state as a phenomenon of social history: essence and distinctive features // Historical Psychology and Sociology of History. – 2014. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvo-kak-fenomen-sotsialnoy-istorii-suschnost-i-otlichitelnye-priznaki (date of access: 23.11.2024).
4. Buchenkov G. A., Zhukov V. N. Evolution of political and legal views on the essential characteristics of the state // Education and Law. – 2020. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/evolyutsiya-politiko-pravovyh-vozzreniy-na-suschnostnye-harakteristiki-gosudarstva (date of access: 23.11.2024).
5. Kalinin S. A. Unique and natural in the modern understanding of the state // Legal state: theory and practice. – 2021. – No. 4 (66). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/unikalnoe-i-zakonomernoe-v-sovremennom-ponimanii-gosudarstva (date of access: 23.11.2024).
6. Tomilina E. E., Opokin A. B., Golik A. A. Typology of the state: essence and content // Actual problems of humanitarian and natural sciences. – 2015. – No. 9-2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tipologiya-gosudarstva-suschnost-i-soderzhanie (date of access: 23.11.2024).
THEORY OF STATE AND LAW
ZOLOTUKHINA Tatyana Alexandrovna
Ph.D. in Law, associate professor of Theory and history of state and law sub-faculty, Taganrog Institute of Management and Economy
VASILKOVA Evgeniya Andreevna
Ph.D. in Law, associate professor, associate professor of Theory and history of state and law sub-facultyaculty, Taganrog Institute of Management and Economy
ON THE ISSUE OF THE CONCEPT OF RUSSIAN LEGISLATION
The author’s interest in the concept and structure of Russian legislation is due to the fact that in the theory of Russian law, these issues have remained controversial for a long period of time. In this regard, the author’s definition of the concept of “Russian legislation” is formulated, the structural elements of this category are analyzed: the law and the decree of the President of the Russian Federation, their correlation is carried out. As a result, the reasons for attributing decrees of the President of the Russian Federation along with laws to Russian legislation are listed.
Keywords: normative legal act, law, legislation, decree of the President of the Russian Federation, concept, ratio, structure.
Bibliographic list of articles
1. Kerimov D. A. Culture and technology of lawmaking. M.: Legal Literature, 1991.
2. Ragozin V. A. Legislation of the Russian Federation in the Narrow and Broad Senses // Constitutional and Municipal Law. 2024. No. 3.
3. Malyutin N. S. Concept and Structure of the Legislation of the Russian Federation // SPS ConsultantPlus. 2024.
4. Ivannikov I. A. Theory of State and Law. Textbook. Rostov-on-Don; Taganrog: Publishing House of the Southern Federal University, 2018.
5. Matuzov N. I., Malko A. V. Theory of State and Law: Lecture Course. M.: Jurist, 2000.
6. Lyubashits V. Ya., Mordovtsev A. Yu., Timoshenko I. V. Theory of State and Law. Tutorial. Rostov n / D: Publishing center “MarT”, 2002.
7. Boshno S. V. Law in the system of normative legal acts of modern Russia // Scientific works. Issue 5. In three volumes. Volume 1 / Russian Academy of Legal Sciences. Moscow: Publishing group “Yurist”, 2005.
8. Baglai M. V. Constitutional law of the Russian Federation. Moscow: Publishing group NORMA – INFRA-M, 1998. ᱹˌˎˑ
9. Korkunov N. M. Decree and law. SPb .: Printing house of M. M. Stasyulevich, Vas. Ostr., 5 lines, 28, 1894.
10. Chernobel G. T. Law and by-law // Law: creation and interpretation / Ed. A. S. Pigolkina. Moscow: Spark, 1998. ᱹˌˎˑ˓
11. Kolesnikov E. V. Sources of Russian constitutional law. Saratov, 1998. ᱹˌˎˑ˓
12. “We need a new Constitution.” Interview of the editor-in-chief of the journal A. I. Kovler with A. I. Lukyanov, Chairman of the State Duma Committee on Legislation and Judicial Reform // State and Law. 1999. No. 12.
13. Kolesnikov E. V. Presidential Decree as a Source of Constitutional Law of Russia. // Constitutional Development of Russia. Interuniversity Scientific Collection. Issue 2. Saratov, 1996.
THEORY OF STATE AND LAW
KADIMOVA Maikhalum Shamsudinovna
Ph.D. in Law, associate professor of Civil process sub-faculty, Institute of Law, Dagestan State University, Makhachkala
ABOUT REGULATORY LEGAL ACTS
The scientific article analyzes the features of a normative legal act as one of the types of legal acts. Depending on the content, legal acts can be of a normative or non-normative nature. The necessary features of a normative legal act are: 1) volitional content; 2) official nature; 3) part of a single system; 4) normativity; 5) adopted in a special procedure; 6) issued by competent bodies and persons; 7) guaranteed by the coercive force of the state; 8) has the form and structure established by law; 9) contains legal norms. Based on the analysis of the republican legal act, the conclusion is substantiated as to whether the legal act is of a normative or non-normative nature. In some cases, this is determined by the court.
Keywords: normative act, legal act, subject of law, features of law, legal position.
Article bibliography
1. Methodological recommendations for determining the normative nature of legal acts of constituent entities of the Russian Federation and municipal legal acts for the purposes of maintaining the federal register of normative legal acts of constituent entities of the Russian Federation, the federal register of municipal normative legal acts and registers of municipal normative legal acts of constituent entities of the Russian Federation. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_427900/ (date accessed: 11.09.2024).
2. Russian Federation. Resolution of the Plenum of the Supreme Court of the Russian Federation of 25.12.2018 No. 50 “On the practice of considering cases by courts on challenging regulatory legal acts and acts containing clarifications of legislation and possessing regulatory properties”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_314764/ (date of access: 11.09.2024).
3. Law of the Republic of Dagestan of 16.04.1997 No. 8 (as amended on 07.07.2023) “On regulatory legal acts of the Republic of Dagestan” (adopted by the People’s Assembly of the Republic of Dagestan on 31.03.1997). [Electronic resource].– Access mode: https://www.consultant.ru/regbase/cgi/online.cgi?req=doc;base=RLAW346;n=46216#ctVBSRUrqkv3dhdC (date of access: 11.09.2024).
4. Resolution of the Constitutional Court of the Russian Federation of 17.11.1997 No. 17-P “On the case of verifying the constitutionality of Resolutions of the State Duma of the Federal Assembly of the Russian Federation of July 21, 1995 No. 1090-1 GD “On certain issues of application of the Federal Law “On Amendments and Additions to the Law of the Russian Federation “On the Status of Judges in the Russian Federation” and of October 11, 1996 No. 682-II GD “On the Procedure for Applying Clause 2 of Article 855 of the Civil Code of the Russian Federation”. [Electronic resource]. – Mode access: https://www.consultant.ru/document/cons_doc_LAW_16835/ (date of access: 11.09.2024).
5. Resolution of the Government of the Republic of Dagestan of 18.07.2000 N 126 (as amended on 03.05.2006, as amended on 13.10.2021) “On the Committee of the Government of the Republic of Dagestan on Viticulture and Alcohol Industry”. [Electronic resource]. – Access mode: https://www.consultant.ru/cons/cgi/online.cgi?req=doc&base=ARB&n=816661#9yLCSRUqs7gj18H2 (date of access: 11.09.2024).
6. Resolution of the Plenum of the Supreme Court of the Russian Federation of 17.11.2015 No. 50 “On the application of legislation by courts when considering certain issues arising during enforcement proceedings.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_189010/ (date of access: 11.09.2024).
7. Resolution of the Constitutional Court of the Russian Federation of 31.03.2015 No. 6-P “On the case of verifying the constitutionality of paragraph 1 of part 4 of Article 2 of the Federal Constitutional Law “On the Supreme Court of the Russian Federation” and the third paragraph of subparagraph 1 of paragraph 1 of Article 342 of the Tax Code of the Russian Federation in connection with the complaint of the open joint-stock company Gazprom Neft.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_177352/ (date of access: 11.09.2024).
THEORY STATES AND RIGHTS
SAITBATALOVA Venera Tuhfatovna
senior lecturer of Theory and history of state and law sub-faculty, Sibai Institute (branch), Ufa University of Science and Technology
LEGAL REGULATION IN THE FIELD OF COMPUTER GAMES
The peculiarity of modern society today is its virtualization. We state the fact of the transition of most of real life to virtual. Especially with the advent of virtual reality devices. The article discusses the issues of legal regulation of relations between players in online games in the event of conflict and/or illegal situations. The problems and statistics of thefts in online games and communication in global and local chats are considered.
Keywords: responsibility, crime, online games.
Article bibliography
1. Criminal Code of the Russian Federation: adopted by the State Duma on May 24, 1996: as of July 2, 2024. Violation of copyright and related rights. Article 159.6. Fraud in the field of computer information. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/51c53d82b60ac8c009745bdea3838d507064c6d3/ (date accessed: 02.07.2024) – Text: electronic.
2. Criminal Code of the Russian Federation: adopted by the State Duma on May 24, 1996: as of July 2, 2024. Violation of copyright and related rights. Article 160. Misappropriation or embezzlement. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/4641cfe1bdfab945ead3ae228d36c3e8141dd9f1/ (date accessed: 02.07.2024) – Text: electronic.
3. Code of the Russian Federation on Administrative Offenses [Article 5.61. Insult]: dated 30.12.2001 No. 195-FZ (as amended on 24.04.2020) // Collection of Legislation of the Russian Federation. – 07.01.2002. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34661/d40cbd099d17057d9697b15ee8368e49953416ae/ (date accessed: 02.07.2024) – Text: electronic.
4. Criminal Code of the Russian Federation: adopted by the State Duma on May 24, 1996: as of July 2, 2024. Article 119. Threat of murder or causing grievous bodily harm. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_10699/37fd891311615f23654aa2bd69d386fc6c0c8470/ (date of access: 07/02/2024) – Text: electronic.
5. Online bullying: article for insults on the Internet and cyberbullying. [Electronic resource]. – Access mode: https://reputation.moscow (date of access: 07/02/2024) – Text: electronic.
6. Theft of things/account. And how to write correctly to Steam Support. [Electronic resource]. – Access mode: https://dota2.ru/forum/threads/krazha-veschej-akkaunta-i-kak-pravilno-napisat-v-steam-support.670950/ (date of access: 02.07.2024) – Text: electronic.
7. Advocate newspaper. Organ of the Federal Chamber of Advocates of the Russian Federation. “Cybercrimes are becoming more and more common, but their detection rate is decreasing.” [Electronic resource]. – Access mode:access: https://www.advgazeta.ru/novosti/kiberprestupleniy-stanovitsya-vse-bolshe-odnako-ikh-raskryvaemost-umenshaetsya/ (date accessed: 02.07.2024) – Text: electronic.
8. Advocate newspaper. Body of the Federal Chamber of Advocates of the Russian Federation. The main socio-demographic and criminal-legal characteristics of those convicted under Art. 159.3 and 159.6 of the Criminal Code. Analysis of statistics for 2019–2022. [Electronic resource]. – Access mode: https://www.advgazeta.ru/mneniya/osnovnye-sotsialno-demograficheskie-i-ugolovno-pravovye-priznaki-osuzhdennykh-po-st-159-3-i-159-6-uk/#:~:text=For%20a%20crime%20under%20article.,is%20about%2055%2C6%25. (accessed: 02.07.2024) – Text: electronic.
9. Rules of conduct on Steam. Official Steam website. [Electronic resource]. – Access mode: https://store.steampowered.com/online_conduct/Steam?l=russian. (date accessed: 02.07.2024) – Text: electronic.
THEORY OF STATE AND LAW
TIMOFEEVA Tatyana Fedorovna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, I. N. Ulyanov Chuvash State University, Cheboksary
TIMOFEEV Viktor Valerjevich
Ph.D. in Law, associate professor, Cheboksary Institute (branch), Moscow University of Humanities and Economics
ON LAW ENFORCEMENT APPROACHES IN THE SPHERE OF MIGRATION (USING THE EXAMPLE OF THE CHUVASH REPUBLIC)
The analysis of legal grounds for legal stay in Russia and the facts of non-expulsion of foreign citizens brought to administrative responsibility several times seems to be extremely relevant in the context of the current difficult foreign policy situation. The relevance of the topic is due to scientific and practical interest in the established law enforcement approaches in the migration sphere. The authors believe that failure to ensure the safety of citizens of the country undermines their trust in the policy pursued by the authorities to protect the population of the Russian Federation from illegal encroachments by foreign citizens. The authors come to the conclusion about the need for more conceptual regulatory transformations. The results of the work can be used both in studying issues related to the migration sphere and in developing proposals for improving the legal regulation in this area. It is necessary to understand that failure to fully fulfill the obligation to leave the Russian Federation by offenders creates risks of their further illegal behavior on the territory of our country.
Keywords: foreign citizens, migration, educational migration, educational visa, administrative responsibility, migration registration, court.
Article bibliography
1. Order of the Ministry of Internal Affairs of Russia dated 04.12.2019 No. 907 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of public services for the registration, issuance, extension of validity and restoration of visas to foreign citizens and stateless persons” (as amended and supplemented, entered into force on 01.01.2023). Access from the reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_343317/?ysclid=m3ge20cdq0164982122 (date of access: 01.11.2024).
2. Ministry of Internal Affairs of the Chuvash Republic. [Electronic resource]. – Access mode: https://21.xn--b1aew.xn--p1ai/ (date of access: 09.11.2024).
3. Federal Law of August 15, 1996 No. 114-FZ “On the Procedure for Leaving the Russian Federation and Entering the Russian Federation” (as amended on 08.08.2024). Access from the reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_11376/ (date of access: 02.11.2024).
4. Federal Law of July 25, 2002 No. 115-FZ “On the Legal Status of Foreign Citizens in the Russian Federation” (as amended on 08.08.2024). Access from the reference legal system “ConsultantPlus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_37868/ (date of access: 05.11.2024).
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HISTORY OF THE STATE AND LAW
BEREZINA Elena Alexandrovna
Ph.D. in Law, associate professor, associate professor of S. S. Alexeev theory of state and law sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg
THE ROLE OF F. K. SAVIGNY’S THEORY IN THE FORMATION AND DEVELOPMENT OF A SYSTEMATIC APPROACH IN LAW
The article considers the historical and systematic method of cognition of the phenomena of legal reality proposed by F. K. Savigny. The role of the doctrine developed by him in the formation and development of a systematic approach in law is emphasized. The aspects of the analysis of law as a system that can be identified in Savigny’s theory are highlighted. The role of Savigny as a practicing lawyer, whose activities were aimed at transforming legal reality, at using a systematic method in order to construct a new legal reality, is noted.
Keywords: system, systematic approach, systematic approach in law, historical school of law, historical and systematic method, F. K. Savigny’s theory, folk spirit, interpretation of law, legal technology.
Article bibliography
1. Arkhipov S. I. The system of law: the origin and development of the theory. Part 1. Ideas about the system of law in the German historical and realistic schools of law and in Russian pre-revolutionary legal science // Electronic supplement to the Russian Law Journal. – 2023. –№ 4. – P. 5-18.
2. Savigny F. K. The system of modern Roman law.: in 8 volumes. T. I. / Translated from German by G. Zhigulin; Ed. O. Kutateladze, V. Zubar. – M.: Statut, 2011. – 510 p.
3. The legal system: current state, problems and development prospects: monograph. – M.: Rusains, 2024. – 187 p.
HISTORY OF STATE AND LAW
BERLYAKOV Denis Petrovich
postgraduate student of Theory and history of state and law sub-faculty, Institute of Law, Altai State University, Barnaul
NATIONAL LEGAL PSYCHOLOGY OF THE EAST SLAVIC PEOPLE IN THE HISTORICAL AND LEGAL ASPECT
The relevance of the research lies in the fact that the consideration of the national legal psychology of the East Slavic people in the historical and legal aspect will allow us to understand the features of modern legal consciousness. The article examines the features of the legal system of Ancient Russia, public administration based on the norms of customary and ecclesiastical law. The influence of church law on the national legal psychology of the East Slavic people is noted, as well as the fact that modern Russian legislation recognizes the customs and traditions of the people that do not contradict legal norms. It follows from the results of the study that historical and legal events have an impact on the legal consciousness, the national legal psychology of the people and the attitude to law are being formed. The materials of the publication can be used to improve the theory of national legal psychology for further research and use in law enforcement and responding to events, taking into account the peculiarities of national legal psychology.
Keywords: national legal psychology, legal awareness, features of the legal system, historical and legal aspect, the East Slavic people.
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HISTORY OF STATE AND LAW
BOLSHAKOVA Valentina Mikhaylovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, Nizhny Novgorod Institute of Management (branch), Russian Academy of National Economy and Public Administration under the President of the Russian Federation
FEATURES AND PROBLEMS OF LEGAL REGULATION OF THE FUNCTIONING OF MILITARY COURTS IN THE JUDICIAL SYSTEM OF THE RUSSIAN FEDERATION
Recently, there has been a number of conceptual studies devoted to the analysis of judicial transformations, judicial reforms and dynamic changes in domestic judicial structures. This is due to the ever-increasing role of the court in modern social reality, its functions to protect violated rights and objectively resolve disputes. In the structure of federal courts of general jurisdiction, a special federal constitutional law provides for military courts exercising judicial power in the Armed Forces of the country. In 2018, during the fundamental changes in procedural rules and legislation on the judicial system, the structure of the military component of the judicial system also changed, a new system of military courts was formed. For these purposes, some courts were created, reformed or abolished. The work summarizes scientific ideas and legislative provisions on the functioning of the military component of the judicial system and also offers recommendations for changing the current legislation on the judicial system, in terms of military courts.
Keywords: judicial system, judicial reform, justice, judicial power, courts of general jurisdiction, military courts.
Article bibliography
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3. Bolshakova V. M. Problematic aspects of judicial reforms in Russia in the second half of the 19th – early 20th centuries and the end of the 20th – early 21st centuries (implementation of reforms “from above” and the specifics of the Russian mentality) // Historical and legal problems: a new perspective. – 2017. – No. 1. – P. 111-122.
4. Bolshakova V. M. Judicial reform of 1864 in the Russian Empire and the judicial reform of the late 20th – early 21st centuries in the Russian Federation (the problem of implementation in space and time) // Historical and legal problems: a new perspective. – 2017. – No. 2. – P. 17-26.
5. Bolshakova V. M. Constitutional basis of strategic tasks of municipal service // Power. – 2018. – Vol. 26, No. 9. – P. 48-50.
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7. Bolshakova V. M. Dynamics of judicial reforms in Russia in the second half of the 19th – early 21st centuries (historical and legal research): monograph / V. M. Bolshakova, edited by A. A. Demichev;
Federal State Budgetary Educational Institution of Higher Education “Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation”. – Tambov: Derzhavinsky Publishing House, 2021. – 660 p.
8. Bolshakova V. M., Naumov P. Yu. On Some Issues of Harmonization of Legislation on Legal Proceedings and Representation: A Comparative Legal Analysis // Actual Problems of State and Law. – 2021. – Vol. 5, No. 19. – P. 373-387.
9. Bolshakova V. M., Kholikov I. V. Dialectics of Replaceability and Divisibility: Notes on the Criteria for Periodizing Judicial Reforms in Russia in the Second Half of the 19th – Early 21st Century // Lex russica (Russian Law). – 2022. – V. 75, No. 3. – P. 142-159.
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12. Bolshakova V. M. The concept of judicial reforms in Russia in the second half of the XIX – early XXI century (theoretical and legal, historical and structural-functional aspects) // Journal of Russian Law. – 2022. – Vol. 26, No. 4. – P. 116–134.
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30. Kleandrov M. I. On the Basics of the Mechanism of Judicial Authority in the New Constitution of the Russian Federation // Journal of Constitutional Justice. – 2022. – No. 2. – P. 18-23.
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37. Naumov P. Yu., Zakhartsev S. I., Kholikov I. V., Bolshakova V. M. The value of law and legal values in a globalizingmsia world (Axiological review of the book “State and Law: Human Rights and World Order Based on the Rule of Law”) // State and Law. – 2023. – No. 9. – P. 64-72. – DOI 10.31857/S102694520024304-5.
38. Tuganov Yu. N., Aulov V. K. Criminological policy of the Russian Federation: the concept of judicial reform and global justice // All-Russian Criminological Journal. – 2021. – Vol. 15, No. 5. – P. 624-636. – DOI 10.17150/2500-4255.2021.15(5).624-636.
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44. Kholikov I. V., Bolshakova V. M., Naumov P. Yu., Zelepukin R. V. Values and meanings of the main judicial act of the 20th century: axiological concepts of the book by A. N. Savenkov “Nuremberg: Verdict in the Name of Peace” (Discussion Materials) // State and Law. – 2022. – No. 10. – P. 51-62. – DOI 10.31857/S102694520021788-7.
45. Kholikov I. V. Preservation and development of traditional Russian spiritual and moral values as a guarantee of formation of legal culture of military personnel // Law in the Armed Forces – Military Legal Review. – 2024. – No. 7 (324). – P. 88-92.
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HISTORY OF STATE AND LAW
ISHMUKHAMETOV Samat Rustamovich
postgraduate student of Theory of state and law sub-faculty, assistant of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
THE ACTIVITIES OF STATES TO COUNTER AVIATION TERRORISM IN THE MIDDLE OF THE XX – BEGINNING OF THE XXI CENTURY
The article analyzes the evolution of the international legal fight against terrorism, especially in the context of aviation security, since the end of the 19th century. The key stages in the development of international legal norms aimed at countering aviation terrorism and acts of harmful interference in civil aviation, in particular, are examined. The author describes in detail the formation and development of international conventions and protocols, as well as the role of various international organizations, including ICAO and the UN, in this process. The importance of collective endeavors and universal legal frameworks is emphasized through an examination of key instruments such as the Tokyo, Hague and Montreal Conventions, as well as modern initiatives such as the Beijing Convention and the Beijing Protocol. Trends from a reactive approach to proactive measures that enhance aviation security in the face of contemporary threats are examined. Particular attention is paid to the changes in legal regulation provoked by the growing threats of the phenomenon of terrorism and the response to them at different stages of international development. The author analyses how new threats were incorporated into the legal framework based on specific historical events, including the 9/11 attacks and subsequent changes in aviation security.
Keywords: aviation terrorism, international co-operation, UN, ICAO, anti-terrorist conventions, civil aviation security, global security.
Article bibliography
1. Batalov A. A. Some trends in international legal regulation of the fight against acts of unlawful interference in civil aviation in light of the 2010 Beijing International Conference on Air Law // Eurasian Law Journal. 2013. No. 6 (61). P. 56-61.
2. Galenskaya L. N. International fight against crime. M., 1972. 176 p.
3. Konyukhova A. S. Actual problems of improving the jurisdictional provisions of the Tokyo Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 // Eurasian Law Journal. 2014. No. 8 (75). P. 88-94.
4. Nigmatullin R. V., Suleimanova R. R., Nasyrovand E. V. Modern trends in the UN fight against international terrorism // State and Law. 2022. No. 10. Pp. 176-183.
5. Nigmatullin R. V. International legal problems of countering foreign terrorist fighters // International law as a basis for dialogue and guarantees of peace: Proceedings of the round table of the XIX International Congress “Blishchenko Readings”, Moscow, April 15, 2023. Moscow: Peoples’ Friendship University of Russia, 2024. Pp. 269-281.
6. Abashidze A. Kh., Simonova M. A., Nigmatullin R. V. [et al.]. The UN and the challenges of the modern world in the XXI century: collective monograph. Ufa: Bashkir State University, 2021. 152 p.
7. Chernyadyeva N. A. Trends in the development of international legal fight against terrorism // Moscow Journal of International Law. 2019. No. 4. P. 61-78.
HISTORY OF STATE AND LAW
MELKONYAN Vartan Gareginovich
postgraduate student, N. G. and A. G. Stoletov Vladimir State University
THE HISTORY OF THE FORMATION AND DEVELOPMENT OF THE PRINCIPLE OF UNITY OF JUDICIAL PRACTICE IN THE PRE-SOVIET AND SOVIET PERIODS OF THE RUSSIAN STATE
The article examines the history of the formation of the principle of unity of judicial practice in the pre-Soviet and Soviet periods of Russian statehood. The purpose of this study is to identify the patterns of formation and development of the above-mentioned principle. Its structure, stages of development, connection with the principles of legal certainty and the rule of law are analyzed. The normative legal acts regulating the principle under study are given. The state authorities in the Russian Empire and the USSR (RSFSR), which exercised control over the implementation of this principle, are identified; their powers to implement the principle under study in the corresponding periods of development of Russian and Soviet judicial proceedings are analyzed. The research used methods of comparative legal analysis, a systematic, historical, formal legal method. The result of the study will reveal the patterns of formation and development of the principle under study to determine its current state and identify problems.
Keywords: the rule of law, uniformity of judicial practice, uniform interpretation and application of legal norms, legal certainty, the principle of unity of judicial practice, clarification of legal norms, judicial practice, judicial proceedings.
Article bibliography
1. Guk P. A., Guk E. P., The principle of unity of judicial practice in Russian legal proceedings // News of higher educational institutions. Volga region. Social sciences. – 2016. – No. 3 (39). – P. 83-90.
2. Guk P. A., Korshunova P. V., Unity of judicial practice as a special value of justice // Journal of Russian Law. – 2020. – No. 12. – P. 103-118.
3. Kalinichenko A. V., Senate in the judicial system of the Russian Empire: author’s abstract. dis. … candidate of legal sciences. – Krasnodar, 2011. – 28 p.
4. Kornev A. V., Explanations of the plenary sessions of the highest courts on issues of judicial practice as a specific form of judicial lawmaking in Russia // Bulletin of RUDN. – 2014. – No. 1. – P. 21-29.
5. Kuras T. L., Judicial practice as a source of law in post-reform Russia of the second half of the 19th – early 20th centuries // Power. – 2018. – No. 3. – P. 118-124.
6. Nadezhdin Yu. Yu., Issues of Application of Arbitration Practice // Arbitration Disputes. – 2023. – No. 3. – P. 133-168.
7. Nemytina M. V., Court in Russia, Second Half of the 19th – Early 20th Centuries. Diss. … Doctor of Law. – Moscow, 1999. – 403 p.
8. Presnyakov M. V., The Principle of Legal Certainty and Judicial Precedent in Russia: Problems and Prospects // Bulletin of the Volga Region Institute of Management. – 2020. – No. 4. – P. 48-60.
9. Establishment of Judicial Regulations of 1864. [Electronic resource]. – Access mode: https://constitution.garant.ru/history/act1600-1918/3450/. (Accessed: 09/07/2024).
10. Filippov M. A., Judicial reform in Russia. – St. Petersburg, 1871-1875. – 623 p.
11. Chirkin V. E., Rule of law: modern versions of terminology // Journal of Russian law. – 2015. – No. 12. – P. 5-11.
12. Shershenevich G. F. Science of civil law in Russia. – M., 2003. – 247 p.
HISTORY OF STATE AND LAW
NOVIKOVA Oksana Ivanovna
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty, Institute of law, Ufa University of Science and Technology
RUDMAN Mark Naumovich
Ph.D. in historical sciences, associate professor of Theory of state and law sub-faculty, Institute of law, Ufa University of Science and Technology
ESTABLISHMENT OF PROCEDURAL INSTITUTIONS ENSURING CONSTITUTIONAL GOVERNANCE (PART 1)
The article analyzes historical and cultural conditions which led to the emergence and development of practicecal ways to organize and limit public power in order to ensure individual freedom. Based on the historical material of ancient Roman and medieval history, religious and political prerequisites for the formation of constitutional institutions guaranteeing the individual’s safety from state arbitrariness are revealed. The article in detail considers the role of The Papal Revolution and The Reformation in the emergence of modern foundations of constitutional governance.
Keywords: constitutional government, religious community, freedom of religion, freedom of thought, ensuring the rights, public authority, procedural institution.
Article bibliography
1. Ananyev E. V. Social teachings of Western Christian traditions – the concept of possibility or the program of necessity // State, religion, Church in Russia and abroad. – 2010. – V. 28, No. 3. – P. 76-112.
2. Berman G. J. Western legal tradition: the era of formation / Translated from English. – M.: Infra-M – Norma, 1998. – 624 p.
3. Grafsky V. G. General history of law and state: Textbook for universities. – M.: Norma, 2003. – 744 p.
4. Novikova O. I., Rudman M. N. The influence of medieval Christian ideology on the formation of modern constitutionalism // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (77). – P. 17-22.
5. Rudman M. N. Individualism as a universal tradition of law: from declaration to constitution // Actual problems of improvement of legislation and law enforcement. Proceedings of the IV international scientific and practical conference. Ufa. February 08, 2014. – Ufa: Eurasian Research Institute of Law Problems, 2014. – P. 150-157.
6. Schlesinger Jr. A. M. Cycles of American history: trans. from English / Ed. N. I. Kolyshkin. – M.: Publishing group “Progress”, “Progress Academy”, 1992. – 688 p.
HISTORY OF STATE AND LAW
PEREVOZCHIKOV Alexander Valerjevich
postgraduate student of Criminal law, theory and history of state and law sub-faculty, Academician I. G. Petrovsky Bryansk State University
THE PROBLEM OF LEGISLATIVE CONSOLIDATION OF THE STATUS OF LOCAL INSTITUTIONS OF THE BALTIC ENTITIES ON THE BASIS OF SOURCES OF PARTICULAR LAW BEFORE JOINING THE RUSSIAN EMPIRE
The article discusses the problems of legislative consolidation of public authorities of the Baltic entities before joining Russia. By the time they became part of the Russian Empire, the Baltic entities had a state administrative apparatus that conducted legal proceedings on the basis of German, Polish and Swedish legislation. Judicial institutions, being a class body, consisted of the nobility. The composition of public places was approved by the government. The current sources of Baltic law were the charters of local rulers, bulls and privileges given by Roman emperors and popes, as well as provisions adopted at meetings (landtags), which are a type of legislation.
Keywords: Baltic legislation, sources of law, charters of Gustav Adolf and Stefan Batory, Privileges of Sigismund Augustus, judicial system, Landgericht, Hofgericht, Landtag, noble class government, matriculum.
Bibliographic list of articles
1. Review of historical information that served to compile a set of local laws of the Baltic provinces (1158-1858). OOO DirectMedia, 2013. – 223 p. ISBN: 9785998974786, 5998974786
2. Karamzin N. M. History of the Russian State; [Comment. A. M. Kuznetsov]. – Kaluga: Zolotaya Alley, B. g. – 21 cm. T. 1-4. – Kaluga: Zolotaya Alley, B. g. – 555 p.: ill.; ISBN 5-7111-0002-5 (In translation): B. c.
3. Dogiel T. No. CXXXVIII. Zigenhorn, Appendix No. 50.
4. Dogiel T. No. СХХХIX. Privilege of Sigismund Augustus. V, Privilegia Nobilitati a Sigismundo Augusto Rege, circa subjectionem universae Livoniae indulta, Datum Vilnae firia Sexta post festum S. Catharinae Anno 1561.
5. Dogiel T. № CLXXXVII. Sejmov. Post. O Lifl. 1582 g. (General collection of laws; Volumen Legum. II, 1040). P. 320.
6. Sakharov A. N. History of Russia’s foreign policy (late 15th-17th century). M., 1999. History of Russia’s foreign policy. 18th century. ML, 1998. @@ Krasnyakov N. I. Imperial factor in public administration of Russia in the 18th – early 20th centuries. – M., 2011.
7. The Statutes of Courland of 1617, paragraph 2.
8. The response of the nobility of Livonia to the proposals of the Duke of Südermanland from May 28, 1601.
9. The new trade and brewing charter given to the city of Mitau by Duke Peter on January 18, 1781.
10. The complete collection of resolutions of the imperial diets and the most important opinions of the colleges. Published in Frankfurt in 1747.
11. Rule for judges, item 14, item 20. Rules of the Hofgericht, 1632 Feb.
CONSTITUTIONAL LAW
BAYDAROVA Marina Alexandrovna
Ph.D. in Law, associate professor of Justice sub-faculty, Penza State University
AKBERDIEV Timur Alexeevich
student of group 21, Penza State University, Chairman of the Youth Council under the Commissioner for Human Rights in the Penza Region
EXTREMISM AND COUNTERACTION ISSUES BY MEANS OF PROSECUTORIAL SUPERVISION
Extremism as a multifaceted transnational phenomenon poses a sensitive threat to the national security of the Russian Federation. In this regard, one of the priorities of the prosecutor’s supervision today is the timely prevention of extremism, the identification and elimination of both the causes and conditions conducive to its manifestation. Departmental methodological, theoretical and practice-oriented developments in their entirety should be the basis for determining and choosing specific legal means by the prosecutor. Whereas the improvement of the current legislation of Russia in this area should be directed not only at specifying specific acts in a specific regulatory legal act, but also bringing them into the system, with disclosure in departmental documents of the requirements for the form and content structure of each.
Keywords: extremism, legal means, means of prosecutorial supervision, national security, transnational phenomenon, actions of the prosecutor, prevention, prevention, methodological developments.
Article bibliography
1. Agapov P. V., Borisov S. V., Brilliantov A. V. et al. Prosecutor’s supervision of the implementation of laws on state security, interethnic relations and counteraction to extremism: manual / Academy of the Prosecutor General’s Office of the Russian Federation. – Moscow, 2013. – 236 p.
2. Agapov P. V., Borisov S. V., Vasnetsova A. S., et al. Extremism: Counteraction Strategy and Prosecutor’s Supervision: Monograph / Academy of the Prosecutor General’s Office of the Russian Federation. – Moscow, 2015. – 428 p.
3. Alekseev A. A. Law: ABC – Theory – Philosophy. Experience of a Comprehensive Study. – Moscow: Statut. 1999. – 710 p.
4. Batyukova V. E. Some Trends in the Development of Youth Extremism in Russia // Modern Law. – 2024. – No. 5. – P. 86-89 // Consultant Plus Reference Legal System: [website]. – [Electronic resource]. – Access mode: https://online.consultant.ru/riv/cgi/online.cgi?req=doc&base=CJI&n=11695#16gMjTUEVStIaFP5 (date of access: 10.11.2024).
5. Danilyuk S. E. Constitutional hermeneutics as the art of searching for a socially creative regulatory idea // Journal of Russian Law. – 2024. – No. 8. – P. 54-69.
6. Ergashev E. R. Concept and classification of legal means applied by prosecutors // Russian Law Journal. – 2007. – No. 1 (53). – P. 116-119.
7. Korshunova O. N., Golovko I. I., Plugar D. M. [et al.]. The activities of the prosecutor’s office to counter extremism, terrorism and their financing: a textbook / Ed. O. N. Korshunova. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2023. – 216 p.
8. Korshunova O. N., Lavrov V. V., Nikitin E. L. et al. Means of prosecutorial activity: problems of theory and practice: monograph. – Moscow: RUSAINES, 2019. – 268 p. // Consultant Plus reference legal system: [website]. – [Electronic resource]. – Access mode: https://online.consultant.ru/riv/cgi/online.cgi?req=doc&base=CMB&n= 18895#gS TRMTUNFMkDDXGF (date of access: 06.11.2024).
9. Malko AV Legal means as a general theoretical problem // Jurisprudence. – 1999. – No. 2. – P. 4-16.
10. Rostokinsky AV Extremist crimes as manifestations of subcultural conflicts of youth associations: criminal-legal and criminological problems: monograph. – Saratov: Science, 2007. – 418 p.
CONSTITUTIONAL LAW
BELYKH Denis Vadimovich
postgraduate student of Constitutional and administrative law sub-faculty, Baikal State University, Irkutsk
ANALYSIS OF LEGISLATIVE MEASURES OF CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF FOREIGN COUNTRIES
The article examines the measures of constitutional and legal responsibility of parties in foreign countries. Theoretical and practical aspects of the measures are presented. The constitutional aspects of this issue are examined in the context of legal doctrine, as well as in the context of legislation on political parties. Common features and key differences in the legal regulation of this area between different states are identified. The article also suggests possible ways of adapting individual elements of foreign legislation in the context of the Russian legal system concerning political parties.
Keywords: constitutional and legal responsibility of political parties, legal regulations, dissolution of political parties, liquidation of politicalal parties.
Article bibliography
1. Vinogradov V. A. Constitutional and legal liability: a systemic study: dis. … Doctor of Law. – M., 2005. – 348 p.
2. 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: 01.10.2024).
3. Sivoplyas A. V. Foreign experience in the normative consolidation of measures of legal liability of political parties // Perm legal almanac. – 2018. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zarubezhnyy-opyt-normativnogo-zakrepleniya-mer-yuridicheskoy-otvetstvennosti-politicheskih-partiy (date of access: 01.10.2024).
CONSTITUTIONAL LAW
GADZHIEV Alisultan Shamsulaevich
Ph.D. in Law, associate professor, Head of Constitutional and municipal law sub-faculty, Institute of Law, Dagestan State University, Makhachkala
ALIKULIEVA Nadiya Timurovna
magister student of the 1st course of Constitutional and municipal law sub-faculty, Institute of Law, Dagestan State University, Makhachkala
FREEDOM OF COMPETITION IN THE RUSSIAN FEDERATION AS THE ECONOMIC FOUNDATION OF THE CONSTITUTIONAL SYSTEM
The article examines freedom of competition as an essential component of the economic foundation of the constitutional system of the Russian Federation. It addresses legal and practical aspects of antimonopoly regulation, including issues of monopolization and unfair competition. Special attention is given to the role of the Federal Antimonopoly Service in curbing anti-competitive practices and ensuring fair market conditions. The author emphasizes that effective antimonopoly regulation promotes economic growth and supports democratic principles.
Keywords: freedom of competition, antimonopoly regulation, Federal Antimonopoly Service, unfair competition, innovative development, legal education, market economy.
Article bibliography
1. Mokhor N. V. Economic foundations of the constitutional system of the Russian Federation // Science in the modern world: development priorities. – 2019. – No. 1 (5). – P. 130-132.
2. Perfilov E. K. Freedom of competition as an economic basis for the constitutional system of Russia // Law and state: theory and practice. – 2017. – No. 7 (151). – P. 55-58.
3. Semenova N.K., Ageeva I.M. Constitutional regulation of economic relations in the Russian Federation // Bulletin of the Prikamsky Social Institute. – 2020. – No. 3 (87). – P. 74-79.
4. Saudakhanov M.V. Concept and structure of the economic basis of the constitutional system of the Russian Federation // Civil service and personnel. – 2019. – No. 2. – P. 42-44.
CONSTITUTIONAL LAW
DIBIROV Yusup Saybulaevich
senior lecturer of Administrative, financial and customs law sub-faculty, Dagestan State University, Makhachkala
THE RIGHT TO LIFE IN RUSSIAN CONSTITUTIONAL LAW
The author explores the key value of the right to life, enshrined in the Constitution of the Russian Federation and other normative acts. The paper discusses the main provisions concerning the protection of the right to life, including its guarantees and limitations. Particular attention is paid to the analysis of judicial practice, which illustrates the application of norms on the right to life in various contexts, the right to protection of life and health, as well as issues related to euthanasia.
Keywords: euthanasia, right to life, death penalty, Constitutional Court.
Article bibliography
1. Kazantseva O. O. The value of life and the concept of the right to life // Jurislinguistics. – 2022. – No. 26 (37). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-tsennosti-zhizni-i-poniyatii-prava-na-zhizn (date of access: 11/18/2024).
2. Pasmarnova V. E. On the issue of the concept of the right to life // Science. Society. State. – 2014. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-ponyatii-prava-na-zhizn (date of access: 11/18/2024).
3. Magaeva T. A. Human right to life: concept and content // Bulletin of science. – 2020. – No. 7 (28). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravo-cheloveka-na-zhizn-ponyatie-i-soderzhanie (date of access: 11/18/2024).
ADMINISTRATIVE LAW
ABDULAZIZOVA Patimat Gasanovna
Ph.D. in Law, associate professor of Constitutional (state) administrative law sub-faculty, North-Caucasusian Institute (branch), Russian State University of Justice (RLA of the Ministry of Justice of Russia)
GADZHIEVA Khalisat Valerjevna
Ph.D. in Law, associate professor of Constitutional (state) administrative law sub-faculty, North-Caucasian Institute (branch), Russian State University of Justice (RLA of the Ministry of Justice of Russia)
ADMINISTRATIVE AND LEGAL REGULATION OF COMPULSORY INSURANCE IN THE RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS
The article discusses some issues of administrative and legal regulation of compulsory insurance in Russia. The main problems associated with the administrative and legal regulation of compulsory insurance are listed. The purpose of this article is to develop ways to solve these problems. The main types of compulsory insurance are listed. The reform of the pension and social insurance systems is discussed. Methods of administrative and legal regulation of compulsory insurance are proposed. Conclusions are drawn about the need to improve the regulatory framework for compulsory insurance in Russia.
Keywords: administrative and legal regulation, compulsory insurance, employers, pensions, property interests.
Article bibliography
1. Ageyev S. O. Problems of administrative and legal regulation of insurance activities in the Russian Federation // Theoretical and practical aspects of the development of modern science: theory, methodology, practice Collection of articles based on the materials of the international scientific and practical conference. – 2019. – P. 152-159.
2. Antonova L. V. Compulsory pension insurance in Russia // “Scientific and practical electronic journal Alley of Science”. – 2022. – No. 9 (72).
3. Apanasenko A. E. Compulsory insurance system: concept and features // Humanitarian and legal studies. – 2022. – V. 9, No. 4. – P. 623-629.
4. Borzunov I. V., Kalitskaya V. V. Problems and Prospects of Reforming the Pension and Social Insurance Fund // Bulletin of the Altai Academy of Economics and Law. – 2023. – No. 12-3. – P. 391-395.
5. Gromova A. A. The Main Tasks of Insurance in the Russian Federation at the Present Stage // Law. Right. State. – 2023. – No. 1 (37). – P. 86-88.
6. Efimov O. N. State Supervision and Regulation of Insurance Activities: Basic Lecture Course. – Saratov: Publishing house “Vuzovskoe obrazovanie”, 2014. – 131 p.
7. Ivanova S. V. Membership in a self-regulatory organization (SRO) // SPS Consultant Plus. – 2021.
8. Magomedova A. G. On the effectiveness of the modern pension system of Russia // Legal Bulletin of the Dagestan State University. – 2016. – Vol. 19, No. 3. – Pp. 114-117.
9. Machulskaya E. E. Social security law: a textbook for secondary vocational education. – 4th ed., revised. and additional. – Moscow: Publishing house Yurait, 2022. – 449 p.
10. Osipova E. S. Compulsory pension insurance in Russia: modern problems // Law. Law. State. – 2023. – No. 3 (39). – P. 63-64.
11. Filippova A. V. Compulsory pension insurance // Bulletin of the National Institute of Business. – 2020. – No. 40. – P. 71-74. – [Electronic resource]. – Access mode: https://cyberleninka.ru/ (date of access 04/17/2022).
12. Shaula V. N. The essence of compulsory insurance in the Russian Federation // Issues of sustainable development of society. – 2022. – No. 6. – P. 224-229.
13. Shunaylov V. N. Administrative and legal regulation of insurance activities in the Russian Federation // Young scientist. – 2020. – No. 46 (336). – P. 383-385. – [Electronic resource]. – Access mode: https://moluch.ru/archive/336/74954/ (date accessed: 27.02.2024).
ADMINISTRATIVE LAW
AYUBOVA Shuainat Israpilovna
Ph.D. in historical sciences, associate professor of Legal disciplines and teaching methods sub-faculty, R. Gamzatov Dagestan State Pedagogical University
SERKEROV Samur Elmirovich
Ph.D. in Law, associate professor, Head of Legal disciplines and teaching methods sub-faculty, R. Gamzatov Dagestan State Pedagogical University
ABDULVAGABOV Abdulvagab Magomedovich
postgraduate student of the 3rd year of study of Legal disciplines and teaching methods sub-faculty, R. Gamzatov Dagestan State Pedagogical University
THE CONCEPT OF ADMINISTRATIVE RESPONSIBILITY FOR ENVIRONMENTAL OFFENSES
The article is devoted to the study of key concepts and definitions related to administrative liability in the field of ecology. The authors focus on the relevance of the topic, emphasizing the importance of environmental safety and the role of administrative liability in environmental protection. The foundation theoreticals of environmental offenses are considered, including their definition, classification and legal framework, as well as the differences between administrativeand criminal liability.
Keywords: Ecology, environmental protection, quality of human life, offense.
Article bibliography
1. Golubkova D. S. Administrative offenses in the field of environmental law // Bulletin of the student scientific society of the State Educational Institution of Higher Professional Education “Donetsk National University”. – 2018. – Vol. 4, No. 10-1. – P. 159-162. EDN ZATULR.15:35.
2. Leonova A. D. Distinction between criminal and administrative liability for violations of legislation in the field of environmental protection // International Journal of Humanities and Natural Sciences. – 2022. – No. 12-1.
3. Pakhomova Ya. A. Administrative liability for environmental offenses in the field of environmental protection // Issues of Russian justice. – 2021. – No. 11.
4. Chernyaev A. S. Administrative liability for environmental offenses in the Russian Federation // International Journal of Humanities and Natural Sciences. – 2023. – No. 4-4 (79).
5. Yunkina O. P. The concept of an administrative environmental offense // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2011. – No. 8.
6. [Electronic resource]. – Access mode: www.vedomosti.ru//society/articles/2024/04/10/1030842-kolichestvo-ekologicheskih-narushenii-vozroslo-na-tret (date of access: 01.12.2024).
ADMINISTRATIVE LAW
DEMCHENKO Nikolay Viktorovich
Ph.D. in Law, associate professor, Deputy Head of Administrative and legal disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
PANFILOVA Olga Valentinovna
Ph.D. in Law, associate professor of Safety at transport facilities sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
DUDAEV Anatoliy Borisovich
Ph.D. in Law, associate professor, associate professor of Administrative and legal disciplines sub-faculty, I. D. Putilin Belgorod Law Institute of the MIA of Russia
IMPROVING THE SYSTEM OF MEASURES TO PREVENT AND SUPPRESS ADMINISTRATIVE OFFENSES RELATED TO THE ILLEGAL EXTRACTION OF AQUATIC BIOLOGICAL RESOURCES
Prevention as an activity of authorized bodies and their officials contains a set of measures aimed at preventing the commission of offenses. Prevention and suppression of administrative offenses related to illegal mining (catch) aquatic biological resources, plays a leading role in the mechanism of legal support for environmental safety, which is one of the main components of the national security system of the Russian Federation as a whole.
Recently, the number of offenses in this area has been increasing, which is why it is necessary to improve the system of measures aimed at preventing and suppressing administrative offenses in the field of illegal extraction of aquatic biological resources.
The main way to combat these violations is to carry out a joint set of measures with the participation of not only internal affairs bodies, but also other government services, agencies and departments.
Keywords: administrative offenses, illegal extraction (catch) of aquatic biological resources, prevention, suppression, interaction.
Bibliographic list of articles
1. Petrov I. V. Criminal characteristics of illegal extraction (catch) of aquatic biological resources and possible ways of improvement counteraction by law enforcement agencies // Business and Law. – 2024. – No. 4. – P. 49-58.
2. Zubkova AV On the effectiveness of measures to prevent illegal extraction (catch) of aquatic biological resources // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 3 (94). – P. 103.
3. Martynov AV, Chernikov VV Moratorium on inspections as a special method of regulating control and supervisory activities // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2023. – No. 1. – P. 114-132.
4. Kolmykov S. N., Nikonov N. S. Problematic aspects of legal regulation of the activities of the transport police to suppress offenses related to the illegal extraction of aquatic biological resources / Actual issues of sustainable nature management: scientific and methodological support and practical solution: collection of materials of the International scientific and practical conference dedicated to the 60th anniversary of the Research Laboratory of Landscape Ecology of the Faculty of Geography and Geoinformatics of BSU; editorial board: D. S. Vorobyov et al. – Minsk: BSU, 2022. – P. 104-107.
5. Giryichuk V. V., Sitkina M. N. Effectiveness of administrative and criminal procedural measures of the police in the fight against criminal encroachments on aquatic biological resources (on the example of Primorsky Krai) // Law and education. – 2018. – No. 4. – P. 145-149.
ADMINISTRATIVE LAW
ZINKOV Evgeniy Nikolaevich
PhD in Law, associate professor, associate professor of Theory of law and public law disciplinessub-faculty, Institute of Law, Samara State University of Economics
DAVLETOV Ruslan Ravilevich
postgraduate student of the 2nd course of education in the scientific specialty 5.1.2 Public Law (Public Law) Sciences, Institute of Law, Samara State University of Economics
TSODOKOV Pavel Andreevich
student of the 3rd course, Institute of Law, Samara State University of Economics
FEATURES OF ANTI-CORRUPTION IN THE CIVIL SERVICE OF THE RUSSIAN FEDERATION
Corruption has a corrupting effect on the state apparatus and hinders the formation of a truly democratic, socially oriented management model in Russia. Currently, the problem of insufficient transparency of the property status of civil servants remains unresolved in this context, which creates a breeding ground for various kinds of corruption abuses. A significant problem is also the lack of effective mechanisms of public control in the field of combating corruption in the civil service. This article aims to identify and analyze the key problems of administrative and legal counteraction to corruption in the civil service, to reveal the specifics of current legal regulation in this area, as well as to formulate proposals to improve the effectiveness of anti-corruption measures.
Keywords: corruption, public service, administrative and legal measures, anti-corruption policy, conflict of interest, declaration of income, anti-corruption standards.
Article bibliography
1. Kataeva E. G., Korytny A. A. Modernization paradigm of combating corruption in the civil service // Public Service. – 2021. – No. 1. – P. 104.
2. Combating corruption: new challenges: monograph / Ed. T. Ya. Khabrieva. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2019. – P. 185.
3. Atagimova E. I., Makarenko G. I. On the issue of increasing the effectiveness of anti-corruption measures in the civil service system of the Russian Federation // Legal informatics. – 2020. – No. 2. – P. 65-66.
4. Bocharnikov D. A. Actual problems of combating corruption in the civil service system // Law and modern states. – 2021. – No. 3. – P. 20-22.
5. Ageev A. A. Combating corruption in the civil service: administrative and legal aspects // Administrative law and process. – 2019. – No. 7. – P. 35.
6. Corruption and anti-corruption policy: dictionary-reference book / Under the general. ed. P. A. Kabanova. – M.: MediaPress, 2008. – P. 61.
7. Sukhareva A. Ya. Anti-corruption restrictions and responsibilities in the state civil service // Journal of Russian Law. – 2018. – No. 7. – P. 166.
ADMINISTRATIVE LAW
KAMALOV Ildar Fanusovich
postgraduate student of International and public law sub-faculty of the Financial University under the Government of the Russian Federation, counselor of the Legal department of the Federal Tax Service
GENESIS OF THE CATEGORY OF LIMITS TO THE EXERCISE OF RIGHTS – FROM PRIVATE LAW CONCEPT TO TAX LAW ENFORCEMENT PRACTICE
The article deals with the problematics of the inter-branch nature of the category of implementation of rights. The author traces the development of doctrinal teachings on the limits of the exercise of rights and carries out a comparative analysis with modern legislation, including legislation on taxes and fees. The opinion is expressed that the concept of the limits of the exercise of rights has the properties of universality and flexibility of content depending on the considered branch of law.
Keywords: Limits to the exercise of rights, genesis of legal categories, balance of private and public interests, inter-branch law institutions, comparative legal analysis.
Article bibliographic list
1. Vavilin E. V. Implementation and protection of civil rights. – 2nd ed., revised and enlarged // SPS “Garant”
2. Gribanov V. P. Implementation and protection of civil rights. – Moscow: Publishing house “Statut”, 2003.
3. Lerche P. Limits of basic rights. – M.: Drofa, 2004.
4. Skudarnov A. S., Shafirov V. M. Discretion in the process of realizing the rights, freedoms and duties of citizens. – M.: Prospect, 2017.
5. Pryazersky S. N. The concept of the implementation of civil rights: some theoretical issues // Bulletin of the University “Cluster”. – 2022. – No. 6 (6).
ADMINISTRATIVE LAW
KERAMOVA Saida Nazirovna
senior lecturer of Administrative and financial law sub-faculty, Dagestan State University, Makhachkala
SOME QUESTIONS OF CONTROL AND SUPERVISION ACTIVITIES OF RUSSIA IN THE FIELD OF MIGRATION
The article examines issues related to the state of the migration situation in Russia, which remains a problematic. The relevance of the topic of the article is due to the scientific and practical significance of migration control issues in our country. The existing problems of organizing migration control in the Russian Federation, as well as migration legislation, are analyzed. Possible solutions are presented. The scientific novelty lies in the fact that the article, based on the analysis of existing problems in this area, reveals the reasons for this situation and the tendency to increase administrative offenses committed by migrants. Conclusions are made that the state should not only create favorable conditions for the adaptation of migrants, but also take measures to strengthen control over foreigners arriving on Russian territory.
Keywords: state, migration control, administrative offenses, legislation, migrants.
Article bibliographic list
1. Evsikova E. V. Migration registration (control): modern realities and development prospects // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2023. – Vol. 9 (75), No. 1. – P. 136-150.
2. Klimova D. V. Legal regulation of public administration in the field of immigration at the present stage // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. Legal sciences. – 2024. – Vol. 10 (76), No. 1. – P. 153-159.
3. Korableva A. A., Vetchinova Yu. I. Some problems of administrative and legal regulation of migration processes in the Russian Federation // The concept of society development in the context of a new legal reality: collection of materials from the international scientific and practical conference. – Kursk, 2023. – P. 130-132.
4. Lampadova S. S. On the Prospects for Improving the Mechanisms of Migration Control in the Russian Federation // Actual Problems of Legislative Regulation of Migration Processes in the Territory of the CIS Member States: Proceedings of the Annual International Scientific and Practical Conference / Edited by R. Yu. Avrutin; compiled by: R. Yu. Avrutin, T. F. Fomina, O. S. Polikarpova. – St. Petersburg, 2023. – P. 115-119.
5. Martynov A. V., Chernikov V. V. State Control (Supervision) in the Sphere of Migration: Concept, Features of Legal Regulation and Problematic Issues of Improvement // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. -2023. – No. 3. – P. 93-112.
6. Naumenko E. A. Migration control in the Russian Federation: problems of implementation // Issues of judicial activity and law enforcement in modern conditions: a collection of articles on the results of the II international scientific and practical conference dedicated to the celebration of the 10th anniversary of the reunification of Crimea with the Russian Federation. – Simferopol, 2024. – P. 481-487.
7. Popov I. A., Popova O. I. Migration law // Jurist. – 2013. – No. 2. – P. 12-18.
8. Stepanov A. V. Administrative and legal regime of stay of a foreign citizen in the Russian Federation as an object of migration control // Current issues of control and supervision in socially significant spheres of activity of society and the state: materials of the VI All-Russian scientific and practical conference. – Nizhny Novgorod, 2021. – P. 308-317.
9. Khabrieva T. Ya. Migration law: a comparative legal study: monograph. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation, 2019.
ADMINISTRATIVE LAW
PETROVSKAYA Miroslava Ivanovna
Ph.D. in Law, senior lecturer of Administrative and constitutional law sub-faculty, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg
THE RIGHTS AND FREEDOMS OF MINORS: PECULIARITIES OF THEIR PROTECTION, PROBLEMS AND MECHANISMS OF IMPROVEMENT OF LEGISLATION IN FORCE ON THE TERRITORY OF THE RUSSIAN FEDERATION
The article examines the rights and freedoms of minors and their protection, as this category of persons is under special protection of the state. Mechanisms for improving the legislation in force in the Russian Federation are considered and proposed.
The article examines a particularly dangerous phenomenon such as juvenile delinquency, identifies the causes of its occurrence, qualitative and quantitative characteristics, causes of homelessness and neglect among minors, the activities of law enforcement agencies in working with minors and preventive measures to prevent and suppress crimes and offenses among minors.
Particular attention is paid to the influence of family and family relationships on the formation of the personality of a minor, the attitude of parents to the upbringing of children and their perception as full and equal members of society.
The object of this article is a set of social relations arising in the sphere of protecting the rights and freedomsof children.
The purpose of this article is to develop proposals for the protection of the rights and freedoms of minors, identify the main problems of the legislation in force in the Russian Federation and develop new mechanisms for its improvement.
The scientific novelty of this work consists of conducting a comprehensive analysis of the protection of children’s rights and freedoms based on statistical data from state bodies of the Russian Federation.
Keywords: rights and freedoms of minors and their protection, mechanisms for improving legislation, state bodies for the protection of children’s rights, state protection, juvenile delinquency, prevention of homelessness and neglect, causes of crime committed by minors, gaps in legislation, functions for the protection of children’s rights.
Article bibliography
1. Constitution of the Russian Federation [Text] (adopted by popular vote on 12.12.1993) (taking into account the amendments introduced by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 No. 6-FKZ, of 30.12.2008 No. 7-FKZ, dated 05.02.2020 No. 2-FKZ, dated 21.07.2020 No. 11-FKZ) // Collection of Legislation of the Russian Federation. – 2020. – No. 31. – Art. 4398.
2. World Declaration on the Survival, Protection and Development of Children [Text] (adopted in New York on 30.09.1990) // Diplomatic Bulletin. – 1992. – No. 6. – P. 10-13.
3. Declaration of the Rights of the Child [Text] (adopted on 20.11.1959 by Resolution 1386 (XIV) at the 841st plenary session of the UN General Assembly) // International Protection of Human Rights and Freedoms. Collection of documents. – M.: Legal Literature, 1990. – P. 385-388.
4. Convention on the Rights of the Child [Text] (approved by the UN General Assembly on 20.11.1989) // International Protection of Human Rights and Freedoms: Collection of Documents. – M.: Legal Literature, 1990. – P. 388-409.
5. Convention for the Protection of Human Rights and Fundamental Freedoms [Text] (concluded in Rome on 04.11.1950) (as amended on 13.05.2004) // Collection of Legislation of the Russian Federation. – 2001. – No. 2. – Art. 163.
6. International Covenant on Civil and Political Rights [Text] (adopted on 16.12.1966 by Resolution 2200 (XXI) at the 1496th plenary session of the UN General Assembly) // International Protection of Human Rights and Freedoms. Collection of documents. – M., 1990. Pp. 32-53.
7. United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) [Text] (adopted on 29 November 1985 by Resolution No. 40/33 of the UN General Assembly) // International acts on human rights: collection of documents. – M., 1999. – 784 p.
8. On state benefits to citizens with children [Text]: Federal Law of 19.05.1995 No. 81-FZ (as amended on 03.07.2016) (as amended and supplemented, entered into force on 01.01.2017) // Collected Legislation of the Russian Federation. – 1995. – No. 21. – Art. 1929.
9. On additional guarantees for social support of orphans and children left without parental care [Text]: Federal Law of 21.12.1996 No. 159-FZ (as amended on 28.12.2016) // Collected Legislation of the Russian Federation. – 1996. – No. 52. – Art. 5880.
10. On the Basic Guarantees of the Rights of the Child in the Russian Federation [Text]: Federal Law of 24.07.1998 No. 124-FZ (as amended on 28.12.2016) // Collected Legislation of the Russian Federation. – 1998. – No. 31. – Art. 3802.
11. On the Fundamentals of the System for the Prevention of Neglect and Delinquency of Minors [Text]: Federal Law of 24.06.1999 No. 120-FZ (as amended on 03.07.2016) // Collected Legislation of the Russian Federation. – 1999. – No. 26. – Art. 3177.
ADMINISTRATIVE LAW
SINKOV Ivan Andreevich
senior lecturer of Administrative and financial law sub-faculty, Law Faculty, N. I. Lobachevsky Nizhny Novgorod National Research State University
CONTROL OVER THE EXECUTION OF ADMINISTRATIVE RESPONSE ACTS ADOPTED BASED ON THE RESULTS OF CONTROL AND SUPERVISORY ACTIVITIES
The article considers the control over the execution of administrative response acts adopted based on the results of control and supervisory activities as an independent stage of control and supervisory proceedings. Based on the analysis, the concept of the stage of control over the execution of administrative response acts adopted based on the results of control and supervision activities was formulated, its tasks, procedures, deadlines and actions within this stage were defined.
Keywords: control and supervision activities, state control, administrative supervision, control and supervision proceedings, stage of control and supervision proceedings, administrative act, administrative response acts, instruction to eliminate violations of mandatory requirements.
Article bibliography
1. Sorokin V. D. Selected works / Preface. Doctor of Law, Professor, Honored Scientist of the Russian Federation D. N. Bakhrakh; Doctor of Law, Professor V. V. Denisenko. – St. Petersburg: R. Aslanov Publishing House “Yuryd”ic center Press”, 2005. – 1086 p.
2. Makhina S. N. Administrative process: problems of theory, prospects of legal regulation. – Voronezh: Publishing house of Voronezh state. University, 1999. – 232 p.
3. Mironov A. N. Administrative-procedural law: textbook for students of educational institutions of secondary vocational education. – Moscow: Forum, 2010. – 175 p.
4. Belyaev V. P. Control and supervision in the Russian state: monograph / Scientific. ed. A. V. Malko. – Moscow, 2005. – 298 p.
5. Fedoshchev A. G., Fedosheva N. N. Administrative-procedural law in schemes and definitions: textbook. – M., 2008. – 67 p.
6. Administrative law and process: full course / Yu. A. Tikhomirov. – M.: Publishing House Tikhomirova M. Yu., 2008. – 776 p.
7. Belyaev V. P., Sorokina V. V. Procedural form of legal activity: issues of theory and practice: monograph. – M.: Yurlitinform, 2011. – 140 p.
8. Bakhrakh D. N. Legal process and administrative proceedings // Journal of Russian law. – 2000. – No. 9 (46). – P. 6-17.
9. Administrative law of Russia: textbook / D. N. Bakhrakh, V. G. Tataryan. – M., 2009. – 698 p.
10. Agamagomedova S. A. Good faith as a category of public law and its consideration in the implementation of state control and supervision // State and Law. – 2020. – No. 7. – P. 124-131.
11. Control and supervisory and licensing activities in the Russian Federation. Analytical report — 2022 [Text] / S. M. Plaksin (head of the author’s team), I. A. Abuzyarova, D. R. Alimpeev, et al.; Russian Union of Industrialists and Entrepreneurs; National Research University “Higher School of Economics”. — M.: Publ. HSE House, 2023, pp. 202–202.
12. Consolidated report on state control (supervision), municipal control in the Russian Federation in 2023 / Ministry of Economic Development of the Russian Federation. 2023. 170 p. [Electronic resource]. – Access mode: https://www.economy.gov.ru/material/file/d83b47ee1e442440d637d71bf314ed46/doklad_o_gos_kontrole_nadzore_municipalnom_kontrole_v_rf_v_2023_godu.pdf (accessed: 01.12.2024).
13. Control, supervision and permitting activities in the Russian Federation. Analytical report — 2019 [Text] / S. M. Plaksin (head of the writing team), I. A. Abuzyarova et al.; Russian Union of Industrialists and Entrepreneurs; National Research University Higher School of Economics. — M.: National Research University Higher School of Economics, 2020. — 138 p.
ADMINISTRATIVE LAW
STAZHILA Maksim Yurjevich
postgraduate student of N. G. Salichsheva Administrative law and process sub-faculty, Russian State University of Justice
ON THE JUDICIAL PROCEDURE FOR IMPOSING ADMINISTRATIVE PUNISHMENTS
In the article the author reveals the essence and content of the judicial procedure for imposing administrative punishments. The purpose of the study is achieved through a consistent review of the main concepts that form the basis of the institution of imposing administrative punishments. The author analyzes various approaches of administrative law researchers and draws attention to the applicability of approaches developed by criminal law science to understanding of sentencing. The author offers a definition of the judicial procedure for imposing administrative punishments, as well as a concept of its elemental structure. The procedural element of the structure of the judicial procedure for imposing administrative punishments is considered by the author through the prism of the modern theory of judicial administrative process. A conclusion is made about the special legal nature of the procedure for imposing administrative punishments and the heterogeneity of its regulation in courts of general jurisdiction and arbitration courts.
Keywords: administrative punishments, administrative liability, legal proceedings in cases of administrative offenses, imposition of administrative punishments, judicial administrative proceedings.
Article bibliography
1. Khmara A. M., Shamrai V. N. On the issue of some rules for the imposition of administrative punishment // Actual problems of administrative and administrative-procedural law: Collection of articles based on the materials of the X Anniversary International Scientific and Practical Conference (Sorokin Readings), St. Petersburg, March 22, 2019 / Under the general editorship of A. I. Kaplunov. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2019. – P. 395-403.
2. Korsakova N. A. Appointment of administrative penalties: abstract of dis. … candidate of legal sciences: 12.00.14; [Place of protection: South Ural State University]. – Chelyabinsk, 2011. – 27 p.
3. Dyadkin D. S. Theoretical and methodological foundations of the appointment of criminal punishment. – Moscow: OOO “Izdatelstvo” Sputnik + “, 2016. – 342 p.
4. Ozhegov S. I. Explanatory dictionary of the Russian language: Approx. 100,000 words, terms and phraseological unitsx expressions / Ed. by prof. L. I. Skvortsov. – 28th ed., revised. – Moscow: Mir i Obrazovanie, 2019. – 1376 p.
5. Dal V. I. Explanatory Dictionary of the Living Great Russian Language: [in 4 parts]. – Moscow: Society of Lovers of Russian Literature, established at the Imperial Moscow University, 1863-1866. Part 3: P. – 1865. – 508 p.
6. Zashlyapin L. A. Procedural order: the problem of understanding // Legal order: history, theory, practice. – 2023. – No. 3 (38). – P. 73-81.
7. Morozova N. A. Administrative responsibility in the Russian Federation: theory, legislation and judicial practice: textbook. manual. – Krasnoyarsk: Sib. federal university, 2022. – 404 p.
8. Stakhov A. I. Administrative procedure as a structural element of the integrative theory of administrative process // Actual problems of administrative and administrative-procedural law (Sorokin readings): Collection of articles based on the materials of the international scientific and practical conference, St. Petersburg, March 24, 2023 / Under the general editorship of A. I. Kaplunov, compiled by: A. I. Kaplunov, A. O. Drozd, N. M. Kramarenko, E. Kh. Mamedov. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 453-468.
ADMINISTRATIVE LAW
CHUMACHENKO Arina Yurjevna
lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
MIKHAYLOV Mikhail Yakovlevich
senior lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
PROBLEMATIC ISSUES OF PREVENTION OF VIOLATIONS OF THE RULES OF BEHAVIOR OF MINORS AT RAILWAY TRANSPORT INFRASTRUCTURE FACILITIES
The article discusses topical issues related to the prevention of violations of the rules of behavior of minors at railway facilities. The interrelation of subcultural associations and dangerous behavior at transport facilities is substantiated. The analysis of the causes of injury is carried out, the subcultures of youth that make up risk groups are considered. It is proposed to introduce measures to maximize preventive activities in this area. Special attention is paid to countering destructive content on the Internet. The scope of preventive duties of PD officers of linear police units is being considered. Attention is focused on the lack of training of a specialized category of personnel for monitoring the Internet in order to identify destructive content as preventive preventive measures.
Keywords: hooking, parkour, injury, crime prevention, railway.
Article bibliography
1. Berdin L. M. Railway injury: lecture // Selected lectures on forensic medicine (forensic traumatology). – Yaroslavl: Yaroslavl state medical institute, 1989. – 200 p.
2. Pavlova L. V. Prevention of antisocial lifestyle of minors committing offenses at railway facilities (Criminological problems): author’s abstract. dis. … candidate of legal sciences: 12.00.08. – Ryazan, 2003. – P. 11-12.
3. Fedunina N. Yu. Principles of psychological prevention of injuries in transport (using the phenomenon of train surfing as an example) // Psychological science and education. – 2016. – Volume 8, No. 1. – P. 97.
MUNICIPAL LAW
DIBIROV Yusup Saybulaevich
senior lecturer of Administrative, financial and customs law sub-faculty, Dagestan State University, Makhachkala
LEGAL STATUS OF THE HEAD OF A MUNICIPALITY IN THE RUSSIAN FEDERATION
Тhe article examines the legal status of the head of a municipality in the Russian Federation, its role and functions in the local government system. The main legislative acts regulating the activities of the head of a municipality, as well as its powers and responsibilities, are analyzed.
Keywords: local government, Charter, elections, head of administration.
Article bibliographic list
1. Alekseev I. A. Municipal legal responsibility of the head of a municipality // News of universities. North Caucasian region. Series: Social sciences. – 2005. – No. S4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/munitsipalno-pravovaya-otvetstvennost-glavy-munitsipalnogo-obrazovaniya (date of access: 11/26/2024).
2. Dorofeev A. V. The head of a municipality as an element of the structure of local government bodies: election issues // New impulses for development: research issues. – 2020. – No. 7. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/glava-munitsipalnogo-obrazovaniya-kak-element-struktury-organov-mestnogo-samoupravleniya-voprosy-izbraniya (date of access: 26.11.2024).
3. Ivanova D. A. Status of the head of the municipality// Bulletin of Science. – 2020. – No. 6 (27). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/status-glavy-munitsipalnogo-obrazovaniya (date of access: 26.11.2024).
4. Nasrtdinova R. R. On the issue of electing the head of a municipality // Forum of young scientists. – 2019. – No. 1-2 (29). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-ob-izbranii-glavy-munitsipalnogo-obrazovaniya-1 (date of access: 26.11.2024).
5. Naumkina V. V. Methods of electing the head of a municipality // Law and state: theory and practice. – 2020. – No. 1 (181). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sposoby-izbraniya-glavy-munitsipalnogo-obrazovaniya (date of access: 26.11.2024).
6. Provotorov R. A. Elections of the head of a municipality in the context of municipal reform // Law and Right. – 2018. – No. 9. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/vybory-glavy-munitsipalnogo-obrazovaniya-v-kontekste-munitsipalnoy-reformy (date of access: 26.11.2024).
CIVIL LAW
AGIBALOVA Elena Nikolaevna
Ph.D. in Law, associate professor of Civil law disciplines sub-faculty, Volgograd Institute of Management, branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation
KASHLEVA Oksana Vladimirovna
Director of the Taxpayers Union LLC
THE RIGHT TO APPEAL AGAINST THE GROUNDS FOR DEBT FOR DEPENDENT PERSONS
The article examines the rights of persons who are not debtors, but who are involved in court proceedings to collect tax debts of other business entities, to appeal against decisions of tax authorities, on the basis of which the debt arises. The analysis of the norms of civil and tax legislation on this issue has been carried out, judicial acts adopted in similar cases have been studied and compared.
Keywords:subsidiary liability, debtor, dependent person, debt, controlling person, appeal.
Article bibliography
1. Agibalova E. N. Is bankruptcy possible without subsidiary liability and is there subsidiary liability outside the framework of bankruptcy proceedings? // Pervaya Polosa. 2023. No. 2 (151). P. 7-14.
2. Tkachenko E. Ex-colleagues and dubious counterparties: how the Federal Tax Service defines dependent persons // Zakon.ru. 2023. [Electronic resource]. – Access mode: https://pravo.ru/story/250222/ (date of access: 09.11.2024).
CIVIL LAW
BIRYUKOV Svyatoslav Yurjevich
Ph.D. in Law, associate professor, associate professor of Procedural law and criminology sub-faculty, Institute of Law, Volgograd State University
TRUBCHANINOV Alexey Viktorovich
senior lecturer of Organization of investigative work sub-faculty of the Educational and Scientific Complex for Preliminary Investigation in the Internal Affairs Bodies, Volgograd Academy of the MIA of Russia
ON THE DIRECTIONS OF IMPROVING THE SYSTEM OF USING DFA AS A COUNTER PROVISION FOR CROSS-BORDER TRANSACTIONS IN THE CONTEXT OF WESTERN SANCTIONS
The authors explore the design of digital financial assets and emphasize its advantages over digital currency. They develop the thesis that it is impossible to use sanctions mechanisms for legal relations using digital financial assets as counter-provision under foreign trade contracts. They draw attention to the problem of the multiplicity of issuing and exchange centers involved in the turnover of digital financial assets. They substantiate the need to form a unified national platform that ensures the issuance and turnover of digital financial assets, which will increase the financial stability and investment attractiveness of Russian business projects.
Keywords: asset tokenization, digital financial assets, digital currency, decentralized.
Article bibliography
1. Zhuravleva G. P. The modern radically changing world // Bulletin of TSU. – 2012. – No. 6. – P. 24-30.
2. Goncharov A. I., Sadkov V. A., Orlova A. A. Digital financial assets as a technology for recording property claims and exchanging data on them // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2024. – No. 3 (67). – P. 160-165.
3. Goncharov AI, Sadkov AN, Sadkov VA, Davudov DA Digital currency in modern Russia: legal content and place in circulation // Law. Journal of the Higher School of Economics. – 2023. – Vol. 16, No. 3. – P. 128-153.
4. Sannikova LV Legal basis for digital currencies of central banks and the digital ruble // Financial Journal. – 2023. – Vol. 15, No. 5. – P. 27-44.
5. Mitrofanov AM, Muravyov NS, Pokamestov IE Digital finandigital assets in the financial market of the Russian Federation // Bulletin of Eurasian Science. – 2024. – Vol. 16, No. s1. – [Electronic resource]. – Access mode: https://esj.today/PDF/73FAVN124.pdf.
6. Volumes of issues of digital financial assets cumulatively for the period 2023-2024. Cbonds – official website. – [Electronic resource]. – Access mode: https://cbonds.ru/dfa/
7. Timofeev I. Europe under fire from US secondary sanctions. – [Electronic resource]. – Access mode: https://russiancouncil.ru/analytics-and-comments/analytics/evropa-pod-ognyem-vtorichnykh-sanktsiy-ssha/
8. Pechalov M. Yu. Development of cross-border payments using digital assets and digital currencies to achieve economic development goals // Economy. Taxes. Law. – 2024. – No. 17 (3). – P. 69-80.
9. Register of operators of information systems in which digital financial assets are issued as of 24.12.2024. Bank of Russia. – official website. – [Electronic resource]. – Access mode: https://cbr.ru/admissionfinmarket/navigator/ois/
10. Register of operators of digital financial asset exchange as of 20.12.2024. Bank of Russia. – official website. – [Electronic resource]. – Access mode: https://cbr.ru/finm_infrastructure/registry/?CF.Search=финансовый&CF.Date.Time=Any&CF.Date.DateFrom=&CF.Date.DateTo=.
CIVIL LAW
GAYMALEEVA Aisylu Tagirovna
Ph.D. in Law, Dean of the Law Faculty, Bashkir Academy of Public Administration and Management under the Head of the Republic of Bashkortostan, Ufa
ESTOPPEL AS PROTECTION AGAINST CONFLICTING COUNTERPARTY BEHAVIOR IN CONTRACTUAL RELATIONS: THEORY AND PRACTICE
The article discusses the novelties of Russian civil law that enshrine estoppel, as well as its application in law enforcement practice. The author defines the theoretical and practical problems of applying the principle of “estoppel” in Russian civil law, as well as the norms of the Civil Code of the Russian Federation, which allow us to talk about the presence of estoppel in them. It has been established that estoppel is not enshrined in the Civil Code of the Russian Federation as a universal rule, which leads to destabilization of civil circulation. The author concludes that estoppel is not a manifestation of the principle of good faith, but is the result of judicial jurisprudence, therefore estoppel should be understood as a rule of conduct established by judicial practice inherent in case law, derived from the interpretation of the principle of justice.
Keywords: estoppel, the principle of justice, the principle of good faith, abuse, contradictory behavior, contract.
Article-by-article bibliographic list
1. Sukhanov E. A. Problems of reforming the Civil Code of Russia // Selected works. – 2008-2012. – M .: Statut, 2013. – 496 p.
2. Chernykh A. P. Estoppel, settlement agreement and interpretation of contracts (commentary to the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated March 22, 2011 No. 13903/10) // Zakon. – 2012. – No. 6. – P. 107-121.
3. Fundamental provisions of civil law: article-by-article commentary to Articles 1-16.1 of the Civil Code of the Russian Federation. – [Electronic publication. Edition 1.0]. Ed. A. G. Karapetyan. – Moscow: M-Logos, 2020. – 1469 p.
4. Nam K. V. Principle of good faith. System and lack of system // Bulletin of civil law. – 2019. – No. 1. – P. 28-74.
5. Fedorov D. V. Problems of qualification and cases of application of paragraph 5 of Article 450.1 of the Civil Code of the Russian Federation // Law. – 2019. – No. 8. – P. 63-74.
6. Gaymaleeva A. T. Actual issues of civil-legal protection of the debtor’s interest in an obligation // Bulletin of Omsk University. Series: Law. – 2017. – No. 1 (50). – P. 125-129.
CIVIL LAW
GASANOV Zaur Ufatovich
Ph.D. in Law, associate professor of Civil and business law sub-faculty, V. G. Timiryasov Kazan Innovation University (IEUP)
PAVLOVA Anastasia Leontievna
bachelor student of the 3rd course, Faculty of Law, V. G. Timiryasov Kazan Innovation University (IEUP)
BASIC METHODS FOR CALCULATING RENT IN MODERN ECONOMIC CONDITIONS: ISSUES OF LAW AND JUDICIAL PRACTICE
The article is devoted to the problem of determining the conditions for the amount of rent. The main obligation under a lease agreement is stable and possession of use of the thing. The rent clause is one of the essential terms of a lease agreement, especially in real estate. Based on the dispositive norm of clause 3 of Art. 614 of the Civil Code of the Russian Federation, these stable legal relations between the parties to the lease agreement lead to unilateral termination of the agreement, as well as to further legal proceedings. The work makes the provision that it is necessary to establish and determine the amount of rent based on the typeof the agreement and the timing of the transfer of things under the lease agreement. The authors identify the characteristic features of the amount of rent, based on various positions of the courts. The tenant, being the weak party under the lease agreement, especially when carrying out business activities or acting as a debtor to public legal entities, which may be lessors, must be maximally protected from all kinds of financial swings.
Keywords: lease agreement, rent, amount of rent, agreement of the parties, change in rent, fixed amount of payments.
Article bibliography
1. Rent: commentary to articles 606-625 and 650-655 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. – Moscow: M-Logos, 2023. – 816 p.
2. Belov V. A. Rent under a lease agreement // Law and Economics. – 2014. – No. 3. – P. 36-38.
3. Braginsky M. I., Vitryansky V. V. Contract law. Book two: Agreements on the transfer of property. – 2nd ed., reprinted – M.: Statut, 2011. – 780 p.
4. Vavilin E. V. Rent: issues of law enforcement practice // Bulletin of Perm University. – 2014. – Issue 1 (23). – P. 68-73.
5. Selected works: in 3 volumes / D. I. Meyer; editors-in-chief Dr. of Law, prof. P. V. Krasheninnikov, Dr. of Law, prof. D. Kh. Valeev. – M.: Statute, 2022. – 848 p.
CIVIL LAW
GRIGORJEVA Irina Mikhaylovna
Ph.D. in Law, judge of the Moscow Arbitration Court
PROTECTION OF CITIZEN IMAGE RIGHTS: PROBLEMS AND SOLUTIONS
The article considers the problems associated with the use of images of citizens, including taking into account the growing scale of violations of the right to the image of citizens in the context of the development of new technologies. The main problems are related to the definition of permissible cases of using images of citizens without their consent, as well as the problems of obtaining and formalizing such consent are noted.
The necessity of fixing in the legislation special provisions regulating the possibility of concluding an agreement on the use of a citizen’s image and regulating the main conditions of such an agreement is substantiated. The conclusion is made that unlike the consent to use the image, which can be withdrawn unilaterally, the contract can establish a ban or restrictions for making such a decision and additional conditions for its realization.
Keywords: citizen’s image, right to image, consent to use image, work, result of intellectual activity
Article bibliography
1. Podvolotsky I. N. Image of a person’s appearance in art and forensic examination // Bulletin of the O. E. Kutafin University (MSAL). – 2018. – No. 7 (47). – P. 154-162.
2. Polyakova A. S. The right to protect an image in the era of informatization of society: innovations in domestic legislation and judicial practice // Collection of works. Faculty of Law. – Simferopol: Crimean Federal University named after V. I. Vernadsky, 2021. – P. 78-82.
3. Rabets A. P. The right of a citizen to appearance and image in the system of personal non-property rights // Trends in the development of science and education. – 2020. – No. 67-6. – P. 80-88.
4. Friedman V. The right to an image: features of legal regulation and methods of protection // Intellectual property. Copyright and related rights. – 2019. – No. 8. – P. 45-56.
5. Tsvetkov D. G. On the issue of legal regulation of the protection of a citizen’s image // Collection of articles of the XLIX International Research Competition, Penza, June 10, 2022. – Penza: Science and Education, 2022. – P. 91-95.
CIVIL LAW
ZDOROVTSEVA Anna Arkadjevna
Ph.D. in Law, associate professor of Civil law sub-faculty, St. Petersburg Institute (branch), All-Russian State University of Justice (RLA of the Ministry of justice of Russia)
COMMERCIAL LEASE AGREEMENT FOR RESIDENTIAL PREMISES OF SPECIALIZED HOUSING STOCK
The article analyzes the often occurring situation of including a commercial lease agreement for specialized residential premises and evaluates the conditions for the transfer of specialized residential premises under a commercial lease agreement, taking into account the comparative characteristics of the two obligations in terms of the legality of the transfer under a commercial lease agreement for specialized residential premises. The author emphasizes the unreasonability of providing specialized residential premises under a commercial lease agreement, as this leads to a violation of the targeted nature of the use of specialized housing stock and a possible corruption manifestation when such residential premises are provided to certain premises persons in connection with property or personal interest. The articlee also notes that civil and housing legislation, due to the constitutional differentiation of subjects of competence and powers, have significant features, which generates conflicts and the need to resolve them. The article analyzes the frequently occurring situation of including a commercial lease agreement for specialized residential premises and assesses the conditions for the transfer of specialized residential premises under a commercial lease agreement, taking into account the comparative characteristics of the two obligations from the point of view of the legality of the transfer under a commercial lease agreement for specialized residential premises. The author emphasizes the inexpediency of providing specialized residential premises under a commercial lease agreement, since this leads to a violation of the targeted nature of the use of specialized housing stock and a possible manifestation of corruption when such residential premises are provided to certain persons in connection with property or personal interest. The article also notes that civil and housing legislation, due to the constitutional differentiation of subjects of competence and powers, have significant features, which generates conflicts and the need to resolve them in each specific case. To overcome the problems that arise, it is recommended to determine the grounds for termination of the lease agreement for specialized residential premises directly in housing legislation, in particular in Article 102 of the Housing Code of the Russian Federation. In addition, when evicting citizens from residential premises of a specialized housing stock, it is necessary to take into account the legislation in force before the entry into force of the Housing Code of the Russian Federation, which provides guarantees against eviction without providing other residential premises.
Keywords: commercial lease agreement, specialized living space, dormitory, office living space, specialized hiring
Article bibliography
1. Shakirova E. Dormitories today – analysis of disputes // Housing law. 2023. No. 10. P. 29-36.
2. Alekseeva E. V. Eviction from dormitories: theory and judicial practice // Family and housing law. 2023. No. 4. P. 26-28.
3. Senotrusova E. M. On the legal status of tenants of residential premises in former departmental dormitories // Family and housing law. 2024. No. 2. P. 30-32.
4. Tolmacheva E. N. Problems of exercising the right to housing in the procedure for applying Article 7 of the Federal Law “On the introduction of the Housing Code of the Russian Federation” // Modern law. 2023. No. 1. P. 43-51.
CIVIL LAW
IVANOVA Lyudmila Alexandrovna
Ph.D. in Law, associate professor of Legal science sub-faculty, Institute of Economics and Law, Astrakhan State Technical University
IGNATOV Dmitriy Sergeevich
magister student of the 2nd course of Legal science sub-faculty, Institute of Economics and Law, Astrakhan State Technical University
LEGAL ASPECTS OF THE IMPLEMENTATION OF ADMINISTRATIVE FUNCTIONS IN RELATION TO THE COMMON JOINT PROPERTY OF SPOUSES
The article reveals the features of the implementation of the disposal of the joint property of spouses, the grounds on which property acquires the status of common joint. In the course of the study, practical recommendations are presented for organizing transactions with the common joint property of spouses, the problem is identified and variations of its solution are designed using current legal instruments. The authors conclude that complications in the law enforcement aspect also await the presence of shares of children, the sale of which is complicated by the need to obtain permission from the guardianship and trusteeship authority. In addition, in the case of division of property, it is necessary to understand that only property that is jointly owned is subject to division.
Keywords: property, common joint property, legal regime of the property of spouses, disposal of joint property.
Bibliographic list of articles
1. Civil Code of the Russian Federation (Part One) dated November 30, 1994 No. 51-FZ (as amended on August 8, 2024) // Collection of Legislation of the Russian Federation. – 05.12.1994. – No. 32. – Art. 3301.
2. Civil Code of the Russian Federation (Part Two) of 26.01.1996 No. 14-FZ (as amended on 24.07.2023) // Collected Legislation of the Russian Federation. – 1996. – No. 5. – Art. 410.
3. Civil Code of the Russian Federation (Part Three) of 26.11.2001 No. 146-FZ (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. – 03.12.2001. – No. 49. – Art. 4552.
4. Family Code of the Russian Federation of 29.12.1995 No. 223-FZ (as amended on 31.07.2023) // Collected Legislation of the Russian Federation. – 1996. – No. 1. – Art. 16.
5. Fundamentals of the legislation of the Russian Federation on notaries of 11.02.1993 No. 4462–1 (as amended on 08.08.2024) // Rossiyskaya Gazeta. – No. 49. – 13.03.1993.
6. Fed.Federal Law of 29.12.2006 No. 256-FZ “On Additional Measures of State Support for Families with Children” (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. – 2007. – No. 1 (Part 1). – Art. 19.
7. Federal Law of 13.07.2015 No. 218-FZ “On State Registration of Real Estate” (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. 20.07.2015. No. 29 (Part I). – Art. 4344.
8. Decision of the Kirovsky District Court of Astrakhan dated July 30, 2020 in case No. 2-2589/2019. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 26.08.2024).
9. Decision of the Sovetsky District Court of Astrakhan dated July 30, 2020 in case No. 2-836/2020. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 26.08.2024).
10. Decision of the Sovetsky District Court of Astrakhan dated February 18, 2020 in case No. 2-773/2020. [Electronic resource]. – Access mode: https://sudact.ru/ (date of access: 26.08.2024).
CIVIL LAW
IONTSEV Mikhail Anatoljevich
Ph.D., research lecturer, Institute of Legislation and Comparative Law under the Government of the Russian Federation, associate professor of Legal support for market economics sub-faculty, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Head of the Center for Legal Support for Digitalization in the Financial Market (Management Rights) of the Legal Department, Bank of Russia
EXCEPTIONS TO THE BAN ON TRANSACTIONS WITH DIGITAL CURRENCY
The article considers the peculiarities of the adoption of Part 5 of Article 14 of the Digital Financial Assets Act, which introduces a ban on the execution of transactions the subject of which is the digital currency. The author considers the concept of counter-provision in connection with the theory of synallagmatic relations, defines payment as a type of counter-provision. Moreover, the article justifies the identity of the concepts of payment and means of payment, as well as indicates how these concepts affect the limits of the prohibition imposed on the execution of transactions subject to which digital currencies are subject. The author of the article considers the range of persons and types of digital currencies with which it is possible to enter into transactions with which digital currencies are subject.
Keywords: explicit prohibition, mandatory prohibition, low-volatile digital currencies (stablecoins), digital currencies, synallagma, mutual agreement of obligations, counter-provision, payment, means of payment
Bibliographic list of articles
1. Asoskov A.V. Personal law of a legal entity: commentary on Article 1202 of the Civil Code of the Russian Federation // Bulletin of Civil Law. 2016. N 2. P. 113.
2. Borisov A. M., Skoryatin D. K. Cryptocurrency relations and the development of digital technologies for the turnover of financial assets in Russia // Russia: Development Trends and Prospects. Yearbook. Issue. 16. Part 2: XII International Scientific and Practical Conference “Regions of Russia: Development Strategies and Mechanisms for the Implementation of Priority National Projects and Programs”, Conference “Scientific and Technological Development of Russia: Priorities, Problems, Solutions” // RAS. INION. Scientific Cooperation Department; ed. V. I. Gerasimov. Moscow, 2021. Part 2. P. 161-167.
3. Bondarenko D. V. Monetary claim as a subject of a financing agreement against the assignment of a monetary claim: some issues // Bulletin of Omsk University. Series: Law. 2016. No. 1 (46). P. 158-165.
4. Budylin S. L. Money: economic function and legal nature // Bulletin of Economic Justice of the Russian Federation. 2023. No. 7. P. 121-164.
5. Golubev S. A. Transition Point. Russia 1917-1923 (Historical Chronicles). Moscow: RAEN, 2007. P. 11.
6. Grimm D. D. Lectures on the Dogma of Roman Law / Ed. and with the chairman V. A. Tomsinov. Moscow: Publishing house “Zertsalo”, 2003. P. 203.
7. Deryugina T. V. On a digital financial asset as an investment and the prohibition of counter provision: conflicts of legal regulation // Civil law. 2023. No. 1. P. 13-16.
8. Efimova L. G. Improving the Theory of Monetary Obligations in the Era of the Digital Economy // Law and Digital Economy. 2022. No. 3. P. 33-42.
9. Ioffe O. S. Law of Obligations. Moscow, 1975. P. 783.
10. Batishchev A. O., Gromov A. A., Karapetyan A. G., et al. Performance and Termination of an Obligation: Commentary on Articles 307-328 and 407-419 of the Civil Code of the Russian Federation / Ed. A. G. Karapetyan. Moscow: M-Logos, 2022. 526 p.
11. Carro D., Juillard P. International Economic Law / Scientific Ed. V. M. Shumilov. M., 2002. Pp. 332-333.
12. Commentary on Part Four of the Civil Code of the Russian Federation (chapter-by-chapter) / Ed. by A. L. Makovsky. M., 2008. (author of the commentary to the article – A. L. Makovsky)
13. Krivtsov A. S. General Doctrine of Damages // Bulletin of Civil Law. 2015. No. 5. Pp. 157-203; No. 6. Pp. 139-184; 2016. No. 1. Pp. 175-221.
14. Pokrovsky I. A. Main Problems of Civil Law. M.: Statut, 2020. Pp. 208-209.
15. Lapach V. A. System of Objects of Civil Rights. Theory and judicial practice. St. Petersburg, 2002.
16. Lindert P. Kh. Economics of world economic relations / Translated from English; General editor and foreword by O. V. Ivanova. Moscow: Progress, 1992. Page 473.
17. Lisitsa V. N. Legal regulation of investment relations: theory, legislation and practice of application: Abstract of author’s diss. … doctor of law. Novosibirsk, 2010. Pages 11, 24.
18. Lunts L. A. Money and monetary obligations in civil law. Moscow: Statut, 1999. 352 pages.
19. Penzin M. I. Counter satisfaction in English law: concept, content and relationship with related legal institutions in foreign and Russian law // Law. 2022. No. 6. P. 140-161.
20. Rozhdestvenskaya T. E., Guznov A. G., Efimova L. G. Chabanking law: textbook. Moscow: Prospect Publishing House, 2020. P. 117.
21. Ryzhik AV Civil interests of individuals: concept and types // Civilist. 2023. No. 3. P. 23-31.
22. Samuelson PA, Nordhaus VD Economics. Moscow: Binom, 1997. P. 783.
23. Saveliev AI Cryptocurrencies in the system of civil rights objects // Law. 2017. No. 8. P. 136-153.
24. Sazhenov AV Cryptocurrencies as a new type of incorporeal things // Modern information technology and law: monograph / Moscow State University. M. V. Lomonosov, Faculty of Law / Ed. E. B. Lauts. M.: Statut, 2019. Pp. 157-180.
25. Sklovsky K. I. Ownership in Civil Law. M., 1999. Pp. 317.
26. Civil Law: Textbook: In 4 volumes / Ed. E. A. Sukhanov. M.: Wolters Kluwer, 2006. T. I.
27. Sukhanov E. A. On the Concept and Types of Property Rights in Russian Civil Law // Actual Problems of Property Law: Materials of Scientific Readings in Memory of Professor S. N. Bratus (Moscow. October 25, 2006). M.: Jurisprudence, 2007. P. 37.
28. Yulgusheva L. Sh. Prospects for the Development of the Institute of Tax Residency of Individuals in the Russian Federation // Journal of Russian Law. 2021. No. 3. P. 126-137.
29. Yankovsky R. M. Cryptocurrencies in Russian Law: Surrogates, “Other Property” and Digital Money // Law. Journal of the Higher School of Economics. 2020. No. 4. P. 43-78.
30. Yakovlev A. S. Property Rights as Objects of Civil Legal Relations. Theory and Practice. M., 2009. P. 53-59.
31. Kuhlmann N. Bitcoins – Functions and Rechtliche Einordnung der digitalen // CR. 2014. P. 694-695.
32. Volkel O. Privatrechtliche Einordnung virtueller // 2017. P. 388.
33. Determination of the Supreme Court of the Russian Federation of September 30, 2022 No. 305-ES22-13469 in case No. A40-252787/2020
CIVIL LAW
KOTELNIKOV Nikolay Vasiljevich
Ph.D. in Law, associate professor, Head of Civil law disciplines sub-faculty, Volgograd Academy of the MIA of Russia
THE LEGAL REGIME OF INTANGIBLE OBJECTS OBTAINED AS A RESULT OF THE USE OF ARTIFICIAL INTELLIGENCE
The article examines the legal regime of texts, music, images and audiovisual materials obtained as a result of the use of artificial intelligence tools, and the specifics of the relationship on their use. The results of the analysis of the current civil legislation regulating the studied social relations, as well as the concepts of its improvement proposed in the special literature, are presented.
Keywords: artificial intelligence, intellectual property rights, exclusive law, digitalization, creativity.
Bibliographic list of articles
1. Vasilyeva A. S. On the issue of the availability of copyrights in artificial intelligence // Journal of the Intellectual Rights Court. – 2022. – No. 4 (38). [Electronic resource]. – Access mode: https://ipcmagazine.ru/files/ipcmagazine/7/6/1704567/journal122022.pdf.
2. Laptev V. A. The concept of artificial intelligence and legal liability for its work // Law. Journal of the Higher School of Economics. – 2019. – No. 2. – P. 79-102.
3. Legal capacity of artificial intelligence units: civil law research. – Moscow: UNITY, 2018. – 112 p.
4. Gurko A. Artificial intelligence and copyright: a look into the future // Intellectual property. Copyright and related rights. – 2017. – No. 12. – P. 7-18.
5. Artemova A. N. Copyright in the era of neural networks // Intellectual property. Copyright and related rights. – 2024. – No. 3. – P. 47-53.
6. Sinelnikova V. N., Revinsky O. V. Rights to the results of artificial intelligence // Copyright. – 2017. – No. 4. – P. 24-27.
CIVIL LAW
MARDIEVA Elmira Radmirovna
Ph.D. in philological sciences, associate professor of Legal disciplines sub-faculty, Neftekamsk branch, Ufa University of Science and Technology
PROBLEMS OF LEGAL REGULATION OF TRADEMARKS AS OBJECTS OF INTELLECTUAL ACTIVITY
Analysis of the legislative framework, existing literature, and materials of practice on intellectual property law allows us to conclude that there are issues that require the elimination of certain gaps and inaccuracies in the legal regulation of means of individualization. They concern both the holders of exclusive rights to a trademark, as well as registration, methods of protection, marking features, etc. There is a need to detail and deepen the legal regulation of trademarks and service marks in the Russian Federation due to their increasing importance.
Keywords: intellectual property law, exclusive right, subjects of law and objects of intellectual property, means of individualization, trademarks, protection of the right to a trademark.
Bibliographic list of articles
1. Minakova A. I. Issues of early termination of legal protection of a trademark // Journal of the Intellectual Property Court. – 2024. – No. 3 (45). – P. 99-111.
CIVIL LAW
OLEYNIK Anton Denisovich
assistant researcher of the Center for Systems Analysis and Prospective Development in the field of education and science, Patrice Lumumba Peoples’ Friendship University of Russia
SOURCES OF TAX LAW IN NIGERIA
The article considers the characteristics of sources of objective tax law of the Federal Republic of Nigeria, and also discusses the main problems that may arise in raising the level of Russian-Nigerian integration in the economy.
The development of the Nigerian legal system is not only due to its history but also to ethnic federalism, which has a major impact on the balance of fiscal and financial powers of the Nigerian state authorities. These factors should be considered when considering and assessing the investment and tax environment in a country.
Keywords: Nigeria, sources of tax law, tax system, tax federalism.
Article bibliography
1. Adesola S. M. Income Tax Law and Administration in Nigeria. – Ife-Ife: University Press, 1986. – 264 p.
2. Arivodola D. A. Personal Taxation in Nigeria: Capital Gains Tax. – Lagos: Fundamental Publications, 1987. – 198 p.
3. Are Kolawole. Taxes and Tax Policy: The Nigerian Experience: Abstract of Candidate of Economic Sciences: 08.00.14 / Russian Peoples’ Friendship University (RUDN). – M., 1999. – 170 p.
4. Kozyrin A. N. Tax law of foreign countries: theoretical and practical issues. M.: Manuscript, 1993. – 112 p.
5. Kozyrin A. N. Tax law: a textbook for undergraduate students / National Research University “Higher School of Economics”. – M.: HSE, 2021. – 489 p.
6. Kufakova N. A. Financial law of developing countries. – M.: Publishing house of UDN, 1988. – 74 p.
7. Shahabuddin M. H. IMF report: Taxation and pricing of petroleum products in developing countries: a framework for analysis with respect to Nigeria / African Department. – Washington: International Monetary Fund, 2003. – 27 p.
8. Egai Nimiye Adaka. Features of financing the development of the Nigerian economy: abstract of the dissertation … candidate of economic sciences: 08.00.14 / Russian Peoples’ Friendship University (RUDN). – M., 2001. – 209 p.
9. Frolova E. E., Inshakova A. O., Ermakova E. P., Shakirov S. S. The impact of colonial heritage and other factors on the evolution of legal regulation of civil justice, arbitrage and mediation in the west African states included in the ECOWAS // Supporting inclusive growth and sustainable development in Africa. Sustainability in Infrastructure Development. – 2020. – R. 131-146.
10. Ermakova E. P., Inshakova E., Frolova E. E., Inshakova A. O. The nature of customary (traditional) law and customary courts in ECOWAS countries // Supporting inclusive growth and sustainable development in Africa. Sustainability in Infrastructure Development. – 2020. – R. 147-161.
CIVIL LAW
POPOVA Valeriya Olegovna
assistant judge, Arbitration Court of Moscow
CONCLUSION OF CIVIL CONTRACTS BY SPOUSES
The article deals with the peculiarities of regulation of relations connected with the fulfilment of transactions by married persons. It is noted the inconsistency of the adopted approaches, according to which the possibility of independent transactions by each spouse is limited for certain types of property.
It is noted that the restrictions imposed to protect the interests of spouses complicate civil law turnover, complicate the execution of transactions and create unjustified risks for other participants in civil law relations. In order to reduce the negative impact of these restrictions, it is proposed to allow spouses, when acquiring property subject to state registration, to independently determine the conditions for the subsequent disposal of such property with the making of a corresponding entry in the state register.
Keywords: spouses, common property, joint ownership, personal property, immovable property, state registration
Bibliographic list of articles
1. All-Russian population census. Volume 2 Age, sex composition and marital status // Federal State Statistics Service. [Electronic resource]. – Access mode: https://rosstat.gov.ru/vpn/2020/Tom2_Vozrastno_polovoj_sostav_i_sostoyanie_v_brake (date of access: 01.10.2024).
2. Levushkin A. N. Implementation of the rights of spouses in the implementation of activities of a legal entity // Journal of Russian Law. – 2016. – No. 3 (231). – P. 47-55.
3. Molchanov A. A., Kostyuchenko E. Yu. Execution of transactions by spouses theory and practice // Law and Right. – 2016. – No. 11. – P. 37-39.
4. Ruzanova V. D. “Zones of joint regulation” in the civil and family law spheres: the problem of collisions // The Power of Law. – 2017. – No. 2 (30). – P. 144-154.
5. Ruzanova V. D., Ruzanova E. V. Civil and family law mechanisms for protecting the property rights of children // The Power of Law. – 2018. – No. 3 (35). – P. 69-77.
6. Sultanov A. A. Some issues of legislative regulation of the common property of spouses // Successes of modern science and education. – 2016. – V. 2, No. 5. – P. 73-75.
7. Chashkova S. Yu. The Impact of Family Law Amendments on the Regulation of Spouses’ Property Relations // Family and Housing Law. 2016. No. 3 // SPS “Consultant Plus”.
8. Chefranova E. A. The Mechanism of Family and Legal Regulation of Spouses’ Property Relations. Dissertation for the Degree of Doctor of Law. – Moscow, 2007.
CIVIL LAW
PROKHORKO Tatyana Nikolaevna
Ph.D. in Law, associate professor, associate professor of Private law sub-faculty, Perm Institute of the FPS of Russia
ALTERNATIVE DISPUTE RESOLUTION: DEVELOPMENT PROSPECTS
The article is devoted to the development of alternative dispute resolution methods. Practice shows the effectiveness of many of them. At the same time, it is also obvious that all these methods do not exist in the system, based on a disparate legal framework. This is largely due to the independence of each such method. Nevertheless, for the greater effectiveness of certain methods, for example, such as mediation, it is necessary, firstly, to improve the regulatory framework in order for it to take the form of a conceptual framework, secondly, it is necessary to allocate resources for its implementation, thirdly, state legal support, despite the fact that that mediation is developing as a separate type of institution of civil society. This also applies to all other alternative dispute resolution methods.
Keywords: mediation, restorative mediation, arbitration, negotiations.
Article bibliography
1. Gashin A. A. Main forms of resolution of legal conflicts in the Russian Federation // Issues of modern jurisprudence. – 2015. – No. 47. – P. 62-68.
2. Nestor N. V. Concept, principles and forms of restorative justice // Bulletin of Perm University. Legal sciences. – 2012. – Issue. 4 (18). – P. 28-32.
3. Sevastyanov G. V. Theoretical foundations of alternative dispute resolution: the concept of private procedural law // Reader of alternative dispute resolution: Educational and methodological materials and practical recommendations / Comp. G. V. Sevastyanov. – St. Petersburg, 2009. – P. 85.
4. Federal Law of July 27, 2010 No. 193-FZ “On an Alternative Dispute Resolution Procedure with the Participation of a Mediator (Mediation Procedure)” // Collection of Legislation of the Russian Federation”. – August 2, 2010. – No. 31. – Art. 4162.
5. Fomina M. N. Reconciliation in the Context of Digitalization of Judicial Activity // Russian Judge. – 2024. – No. 9. – P. 30-34.
CIVIL LAW
REZYAPOVA Guzel Fratovna
Ph.D. in philosophical sciences, associate professor of Civil law sub-faculty, Institute of Law, Ufa University of Science and Technology
ABOUT SOME PROBLEMS OF PROPERTY DISPUTES BETWEEN SPOUSES UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION
The article examines the current problems of legal regulation of property disputes arising between spouses (former spouses). Transactions related to the alienation of marital property are analyzed, and the legal consequences of including such transactions are considered. The legal position of a bona fide acquirer is analyzed. The article suggests ways to improve the norms of family legislation containing the provisions under study.
Keywords: marriage, dissolution of marriage, division of property, prenuptial agreement, bona fide acquirer, limitation period, order, consent of the spouse
Article bibliographic list
1. Antokolskaya M. V. Family law: Textbook. – 2nd ed., revised and enlarged. – M .: Jurist, 2000. S. 151.
2. Bogdanova E. E. Controversial issues of division of property of spouses // Bulletin of the University named after O. E. Kutafin (MSAL). – 2019. – No. 2 (54). – P. 100-116.
3. Gulyaeva N. A., Actual problems of Russian family legislation // Economy and Law. – 2020. – No. 13. – P. 39.
4. “Civil Procedure Code of the Russian Federation” dated 11/14/2002 No. 138-FZ (as amended on 12/25/2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
5. Kulagina E. V. The role of property relations in the family and legal prerequisites for their protection // Law and protection of the family by the state / Responsible. editors Mozolin V. P., Ryasentsev V. A. – M .: Nauka, 1987 .– P. 172.
6. Definition of the Supreme Court of the Russian Federation of August 13, 2013 No. 4-KP3-19 // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
7. Definition of the Supreme Court of the Russian Federation of June 2, 2015 No. 5-KP5-47 // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
8. Definition of the Supreme Court of the Russian Federation of August 30, 2016 No. 5-KG16-119; Definition of the Supreme Court of the Russian Federation of March 28, 2017 No. 46-KG17-3; Definition of the Supreme Court of the Russian Federation of June 30, 2020 No. 80-KG20-3 // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 01/02/2024).
9. Resolution of the Constitutional Court of the Russian Federation of July 13, 2021 No. 35-P // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 02.01.2024).
10. “Family Code of the Russian Federation” dated 29.12.1995 No. 223-FZ (as amended on 31.07.2023) (as amended and supplemented, entered into force on 26.10.2023) // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru/ (date of access: 02.01.2024).
11. Serbin M.V. The concept of the legal regime of property of spouses // In the collection: Eurasian Legal Conference – collection of articles of the III International Scientific and Practical Conference. – 2019. – P. 35-38.
12. Chefranova E. A. Property relations in the Russian family: Practical guide. – M.: Jurist, 1997. – P. 8.
13. Shashkova Ya. G. Actual problems of the legal regime of property of spouses // Enigma. – 2020. – No. 20. – P. 127-135.
CIVIL LAW
SOBOLEV Alexander Andreevich
student, Samara State University of Economics
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor, associate professor of Civil and arbitration process sub-faculty, Samara State University of Economics
DEADLOCK AS A TYPE OF CORPORATE CONFLICT
Corporate disputes invariably represent a low percentage of all arbitration cases, but the percentage of amounts recovered by the courts tends to yearly increase. By the end of 2023, this amount exceeded 25% of all amounts recovered by the courts. The article provides results statistics of 2023, which shows a significant increase in the prices of claims in corporate disputes.
The authors focus on deadlocking as one of the most difficult types of corporate disputes. A deadlock is a corporate dispute in which none of the parties to the dispute has corporate control. As an example: a company has two owners and the shares between them are divided 50-50. Resulting this dispute, the company is deeply down paralyzed, which affects not only the participants in the dispute themselves, but also the company’s employees, business partners, and the company’s business as a whole.
One of the most effective ways to prevent deadlocks is to settle a corporate agreement amicably, with prescription of the mechanisms for overcoming deadlocks. Foreign experience has formed the so-called shotgun conditions, which are usually included in the corporate agreement. The article provides a brief description of the above mentioned conditions.
The following ways of resolving a deadlock have also emerged in court practice – exclusion of a participant or liquidation of the company. The authors provide an evaluation of these methods.
Keywords: deadlocks, methods of resolving deadlocks, corporate agreement, “shotgun” mechanisms.
Article bibliography
1. Agaeva L.K. Regional industrial policy of the Samara region in the context of a pandemic // International and interregional integration in the context of a pandemic: economic, socio-cultural and legal problems: Collection of scientific articles of the All-Russian scientific and practical online conference with international participation, Samara, June 25, 2020 / Editorial board: S.I. Ashmarina, A.V. Pavlova (editors in charge) [and others]. – Samara: Samara State University of Economics, 2020. – P. 3-7.
2. Kazankova T. N., Avramova T. A., Kuznetsova A. A. Solving historical problems of management in the era of digitalization // Problems of enterprise development: theory and practice. – 2021. – No. 1-2. – P. 25-29.
3. Kazankova T. N. On the relationship between the state and civil society: historical and legal aspect // Bulletin of the Samara Municipal Institute of Management. – 2014.
4. Mikhalchuk Yu. Ways to get out of deadlock // EZh-Yurist. – 2016. – No. 5. – P. 18.
5. Sidorova A. V. Judicial risk in the system of legal risks: general theoretical aspect // Russian justice. – 2020. – No. 10. – P. 34-37.
6. Stepanov D. I. Deadlocks in non-public corporations: possible options for the development of legislation and judicial practice // Bulletin of Economicof Justice of the Russian Federation. – 2015. – No. 9. – P. 62-115.
7. Churakova E. N., Akopyan N. T., Bayskikh S. A. Problems of Determining the Competence of Courts in Relation to Corporate Disputes // Questions of Economics and Law. – 2021. – No. 153. – P. 23-26.
CIVIL LAW
SAFINA Svetlana Damirovna
Ph.D. in Law, associate professor of Financial and administrative law sub-faculty, Institute of Law, Ufa University of Science and Technology
PROTOCOL OF DISAGREEMENTS IN THE PUBLIC PROCUREMENT SYSTEM
The article discusses the use of the protocol of disagreement in public procurement. The protocol of disagreement is specific to trade procedures in the contract system and to competitive procurement in the corporate sector. It is shown that its use makes it possible to overcome a number of inaccuracies and shortcomings of the draft agreement, as well as to express disagreement with the proposed changes. At the same time, it should be borne in mind that the parties must remain within the mandatory requirements of the procurement legislation. The established practice allows us to conclude that any deviation from the stipulated requirements is the basis for recognizing a participant as having violated the established terms of purchase with the prospect of being included in the register of unscrupulous suppliers.
Keywords: public procurement, protocol of disagreements, contract system, corporate procurement.
CIVIL LAW
SMIRNOV Petr Valerjevich
postgraduate student of Civil law and process and international private law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia, CEO of the Smirnov and Partners Legal Center LLC, lawyer
RUSAKOVA Ekaterina Petrovna
Ph.D. in Law, associate professor of Civil law and process and international private law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia, lawyer
ON THE ISSUE OF THE BALANCE OF RIGHTS AND INTERESTS OF PARTICIPANTS IN CONSUMER LEGAL RELATIONS
The article deals with the problems of state participation in the activities of a business entity in the implementation of law-making function by the state. Special attention within the framework of this study is paid to the Law on Protection of Consumer Rights, which regulates a rather voluminous array of civil legal relations. At the same time, the author points out the unequal position of the consumer and the business entity, which violates the fundamental principles of civil law and requires state intervention in the regulation of these relations.
Keywords: consumer, business entity, Consumer Protection Law, penalty, fine, civil law principles, balance of interests.
Article bibliography
1. Bychkov A. Courts on consumer protection // Legal reference book of the manager. – 2023. – No. 12. – P. 39-47.
2. Ivanovskaya N. V. Mediation as the main way to protect the rights of consumers of financial services in the Philippines // Gaps in Russian legislation. – 2019. – No. 3. – P. 61-65.
3. Kuznetsova O. A. In whose favor is the fine collected, or the role of the comma in civil law // The Seventh Perm Congress of Legal Scholars: collection of scientific articles. – 2017. – P. 249.
4. Mamontov V. A. Limits of state intervention in the sphere of private interests of an entrepreneur in order to protect consumer rights // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2011. – No. 5. – P. 113.
5. Nikitin N. V. Legislation on the protection of consumer rights / N. V. Nikitin // Arbitration and civil procedure. – 2024. – No. 1. – P. 7-12.
6. Rusakova E. P. Electronic civil proceedings in Indonesia, Thailand, Malaysia // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2020. – Vol. 24, No. 4. – P. 1122-1140.
7. Frolova E. E. The financial system of Japan: legal regulation of disputes between the provider and consumers of financial services // MIR (Modernization. Innovation. Development). – 2018. – Vol. 9, No. 1. – P. 67-73.
8. Sherstobitov A. E. Protection of consumer rights in modern Russian civil law // Journal of Russian Law. – 2023. – No. 5. – P. 116-125.
CIVIL LAW
STEPANENKO Olga Gennadjevna
Ph.D. in Sociological sciences, associate professor, associate professor of Civil law sub-faculty, East Siberian branch, Russian State University of Justice, Irkutsk
STEPANENKO Yuriy Sergeevich
Ph.D. in philosophical sciences, associate professor, professor of Philosophy and socio-humanitarian disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk, lieutenant colonel of police
PROBLEMS OF DIGITAL CURRENCY INHERITANCE
The article examines issues related to the legal regulation of digital currency inheritance in the Russian Federation, which, despite its recognition in judicial practice as a property object, is still not codified in legislation as a civil rights object. The article reviews key approaches to the inheritance of digital assets, including digital currency, and identifies three methods for transferring digital assets: closed wills, transfer of wallet keys on electronic media, and storage of keys in a bank vault. The authors propose amendments to the Civil Code of the Russian Federation (Articles 128, 1152, and 1127) to establish a legal framework that will enable effective regulation of digital asset inheritance.
Keywords: digitalization, civil rights, inheritance by law, will, heirs, digital currency, cryptocurrency.
Article bibliography
1. Albov A. P., Nikolyukin S. V. Inheritance law: textbook and workshop for universities. – 2nd ed. – Moscow: Publishing house Yurait, 2024. – 197 p. – (Higher education). – ISBN 978-5-534-11067-8. – Text: electronic // Educational platform Yurait [website]. [Electronic resource]. – Access mode: https://urait.ru/bcode/538692 (date of access: 20.10.2024).
2. Kazaryan K. V., Rudik I. E. Inheritance law: a tutorial. – Moscow: RGUP, 2020. – 184 p. – ISBN 978-5-93916-836-6. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/1689590 (date of access: 20.10.2024).
3. Markova V. D. Digital economy: textbook. – Moscow: INFRA-M, 2024. – 186 p. – (Higher education). – DOI 10.12737/textbook_5a97ed07408159.98683294. – ISBN 978-5-16-019134-8. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/2082732 (date of access: 10/20/2024).
4. Tueshova E. S. On the issue of inheritance of digital currencies // Prologue: journal on law. – 2023. – No. 1 (37). – P. 54-61
5. Ushakov R. M., Gavrilov V. N., Igoshkin M. S., Tetradze T. Z. Problems of inheritance of digital currency // Law and state: theory and practice. – 2022. – No. 2 (206). – pp. 82-84
CIVIL LAW
SHUKHOV Fedor Gelievich
Ph.D. in Law, associate professor of Organization, economics, veterinary management sub-faculty, St. Petersburg University of Veterinary Medicine
ISSUES OF REGULATORY AND LEGAL REGULATION OF LABOR PROTECTION WHEN WORKING WITH PATHOGENS
The article examines issues of regulatory and legal regulation of labor protection when working with pathogens in microbiological laboratories. Also, the question is raised about public organizations in this type of activity and the topic of the presence of local regulatory and legal regulation for laboratories in whose work interaction with dangerous biological agents appears to be covered.
Keywords: pathogens, microbiological laboratories, liability, Article 248 of the Criminal Code, labor protection
Article bibliography
1. Shukhov F. G., Orekhov D. A. Some legal aspects of labor protection of veterinarians // Normative and legal regulation in veterinary medicine. 2023. No. 2. P. 19-22. [Electronic resource]. – Access mode: https://doi.org/10.52419/issn2782-6252.2023.2.19
2. Shukhov F. G., Vinokhodova M. V. Updating the requirements for accreditation of laboratories in the field of veterinary medicine // Normative-legal regulation in veterinary medicine. 2023. No. 3. P. 20-23. [Electronic resource]. – Access mode: https://doi.org/10.52419/issn2782-6252.2023.3.20
3. Shukhov F. G. Legal liability of public associations // Modern lawyer. 2020. No. 2 (31). pp. 62-71.
CIVIL LAW
SHCHAVELEV Alexander Viktorovich
postgraduate student, Faculty of Jurisprudence, Moscow University for Industry and Finance “Synergy”
DIGITAL RIGHTS INHERITANCE
The article discusses the possibilities of inheriting digital rights in the Russian Federation. The current state of the legislation of the Russian Federation is analyzed and its assessment is given. The result of the analysis is presented in the form of a qualitative definition of digital rights and their composition, included in the hereditary mass, as well as methods for identifying and finding digital rights for which it is necessary to establish the rights of heirs, taking into account the complex technical component of various protected registries. The analysis allows us to determine the dynamics of development of legislation in this area and identify problematic issues.
Keywords: inheritance, digital rights, distributed registry, token, hereditary mass, blockchain, digital asset.
Article bibliographic list
1. “Civil Code of the Russian Federation (Part One)” dated 30.11.1994 N 51-FZ (as amended on 11.03.2024) [Electronic resource] // Reference and legal system “ConsultantPlus”.
2. Yatsenko TS Inheritance of digital rights // Inheritance law. – 2019. – No. 2. – P. 11 – 14.
3. Yatsenko TS Problems of executing a will in relation to the testator’s digital assets // Inheritance law. – 2021. – No. 1. – P. 3-34.
4. Draft Federal Law No. 424632-7 “On Amendments to Parts One, Two and Four of the Civil Code of the Russian Federation” (as amended by the State Duma of the Federal Assembly of the Russian Federation) [Electronic resource] // Reference and legal system “ConsultantPlus”.
5. Kirsanova E. E. Legal regulation of the circulation of rights to the results of intellectual activity in the digital economy: monograph. – M .: Yustitsinform, 2022. – 228 p.
6. Tsvetkova E. S. Features of registration of inheritance rights to digital assets // Inheritance law. – 2023. – No. 3. – P. 33-36.
7. Ishekov K. A., Kholoptsev D. S. Civil regulation of the institute of personal data of the deceased in modern Russia // Bulletin of the Russian Law Academy. – 2022. – No. 1. – P. 76-81.
8. Zhanabilova A. B. Legal regulation of the circulation of digital assets and the possibility of their inheritance in Kazakhstan and Russia // Notary. – 2023. – No. 4. – P. 39-42.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
THE LEGAL BASIS AND PURPOSE OF THE CONCLUSION OF ROSPOTREBNADZOR IN A DISPUTE BETWEEN A PATIENT AND A PLASTIC SURGERY CLINIC
The article reveals the reasons and grounds for the entry of Rospotrebnadzor into the judicial process to protect and restore the violated rights and interests of patients as consumers. The author analyzes the powers of Rospotrebnadzor to provide an opinion to the court, in a consumer dispute with a plastic surgery clinic, and the legal status of Rospotrebnadzor in this capacity. It is substantiated that the conclusion does not act as evidence in the case, it is only the position of the authorized body on the merits of the dispute, supporting the applicant’s legal position. Therefore, the refusal of the court to involve him will constitute an obstacle to the implementation by the authorized state body of its function to protect the violated rights and interests of the consumer in court. Attention is drawn to the fact that the conclusion of Rospotrebnadzor plays an essential role in resolving consumer protection cases.
Keywords: Rospotrebnadzor, conclusion, medical clinic, consumer protection, lawsuit, court, trial.
Article bibliographic list
1. Gafarova G. R. “Consumer Rights Protection: A Textbook” / Ed. by Z. M. Fatkudinov – “Yustitsinform”, 2016.
2. Linnik A. D. Activities of Rospotrebnadzor in the field of consumer protection // Young scientist. – 2022. – No. 12 (407). – P. 169-170.
3. Patyashina M. A. Implementation of the powers of the Office of Rospotrebnadzor for the Republic of Tatarstan in the field of consumer protection // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – Vol. No. 13, No. 3 (49). – P. 38-43.
4. Railyan A. A. Civil protection of consumer rights: issues of theory and judicial practice // Arbitration and civil procedure. – 2008. – No. 10. – P. 22-24.
5. Savina N. S. Features of legal regulation of the institution of protection of the rights of citizens-consumers in the Russian Federation // In the collection: Best scientific article 2020. Collection of articles of the XXXIX International scientific research competition. – 2020. – P. 67-71.
6. Shibaeva N. V. Practice of state and public protection of consumer rights in the Russian Federation // Legal fact. – 2021. – No. 132. – P. 3-7.
7. Shirokobokova A. V. Subjects initiating the initiation of civil proceedings for the protection of consumer rights // Actual problems of our time: science and society. – 2017. – No. 4. – pp. 31-36.
CIVIL LAW
VOLODINA Kristina Emiljevna
college lecturer, Kaluga Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), competitor, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
THE LEGAL NATURE OF THE CONTRACT FOR THE PERFORMANCE OF DESIGN AND SURVEY WORK
Design and survey work is the main “pre-construction stage” of work in achieving the main goal – construction, commissioning of the facility or reconstruction. The main civil law contract regulating the performance of these works is a contract for the performance of design and survey work. At the same time, there are a number of legislative gaps in the legal regulation of this type of contract in the civil legislation today. For examplee, in the essential terms of the contract under study, there are no clear criteria for abuse of behavior on the part of both the customer and the contractor, there is no clear mechanism and clear description of the definition of “quality work” on the part of the contractor. Insufficient legal regulation gives rise to litigation on the relationship between other types of contract and the contract under study. The reasons for this lie in the similarity of the subject matter and the list of essential terms of such contracts. In connection with these facts, it seems appropriate to study in detail the issue of the legal nature of contracts for the performance of design and survey work.
Keywords: contractor agreement, design and survey work, legal nature of the contract.
Bibliographic list of articles
1. Alekseev S.S. General permissions and prohibitions in Soviet law. M.: Legal Literature, 1998. 452 p.
2. Civil Law / Edited by prof. A. P. Sergeev, prof. Yu. K. Tolstoy. M., 1978. 410 p.
3. Civil Law. Volume 2 / Edited by E. A. Sukhanov. M.: BEK, 1993. 356 p.
4. Zakharov V. A. Establishment of Legal Entities: Legal Issues. M.: Norma, 2002. 245 p.
5. Ioffe O. S. Law of Obligations. M., 1975. 478 p.
6. Rassudovsky V. A. Main Features of the Contract for Design and Survey Work and Its Role in Further Improvement of Capital Construction // Soviet State and Law. 1961. No. 9. P. 124-127.
CIVIL LAW
KOROTENKO Alexander Filippovich
postgraduate student, University of Management “TISBI”, Kazan
PROBLEMS OF LEGAL REGULATION OF DIGITAL ECOSYSTEMS AND PLATFORMS
The article discusses the problems of legal regulation of digital ecosystems and platforms in the Russian Federation. It is shown that in order to improve the legal regulation of digital ecosystems and platforms, policymakers need to change and create rules at an unprecedented speed. The author also substantiates the need to create a new special service to regulate the activities of digital ecosystems and platforms.
Keywords: digitalization, digital ecosystems, digital platforms, legal regulation.
Article bibliography
1. Blazheeva V. V., Egorova M. A. Digital law: textbook. – M .: Prospect, 2020. – P. 270.
2. Makarova V. D. Digital economy: textbook. – M .: INFRA-M, 2020. – P. 63.
3. Kartkhia A. A. Civil law model for regulating digital technologies: dis. … Doctor of Law. – M., 2019. – P. 205.
CIVIL LAW
SELIVENKO Dmitriy Andreevich
postgraduate student, group 13PRPN22-09/1, Faculty of Law, Moscow University of Finance and Law
LEGAL POSSIBILITIES OF THE NOTARY AS A NON-JUDICIAL FORM OF PROTECTION IN SOME FOREIGN COUNTRIES
Purpose: The purpose of this article is to explore the legal possibilities of the notary as a non-judicial form of protection in various foreign countries. The author seeks to show how notarial practices help simplify the process of protecting citizens’ rights, as well as analyze successful examples of the introduction of notarial mechanisms into the system of non-judicial protection. As a result of this study, we will try to show the best practices that can be useful for the development of the notary and legal systems in general.
Methods: when writing the article, the following methods were used: analysis, synthesis, comparative legal method, document analysis.
Results: This paper analyzes the role of the notary as an effective tool for an alternative form of protection of the rights of citizens and legal entities in various legal systems. The paper highlights key aspects such as ensuring the legal force of documents, the possibility of non-judicial dispute resolution and minimizing litigation. Special attention is paid to foreign models of notarization, demonstrating a variety of approaches to the use of notary services to protect the rights of citizens, which allows us to identify best practices and offer recommendations for improving the notary system in Russia.
Conclusions: As a result of the research, the author concludes that the legal capabilities of the notary as a non-judicial form of protection in a number of foreign countries are an effective tool for ensuring legal certainty and minimizing litigation. The notary, acting as a guarantor of the authority and authenticity of documents, helps to create trusting relationships between the parties and reduce the burden on the judicial system. The cases studied demonstrate that the introduction and development of notary services can increase the level of legal security and access to justice, which is important for further reforms in the Russian notary aimed at improving the mechanism of human rights protection.
Keywords: notary, non-judicial form of protection, protection of rights, notary services, lawmaking, international experience, access to justice, global practices.
Article bibliography
1. Ashurov D. R. Notaries in the system of protection of socio-economic rights and features of concluding real estate transactions // Legal issues of real estate. 2022. No. 1. P. 23-25.
2. Begichev A. V., Risovskaya S. S. Legal significance of a notarial act // Notary. 2024. No. 1. P. 2-7.
3. Vershinina E. V., Konovalov D. V., Zelentsova M. Yu., Odrinsky A. O. The concept and models of notaries in the law of Russia, France, Spain and England // Bulletin of civil procedure. 2021. No. 3. P. 153-190.
4. Germanova A. A. Functions of the notary institution // Notary. 2021. No. 8. P. 3-6.
5. Ilyushina M. N. Legal force of notarial acts as executive documents: problems of improving legislation // Notarial Bulletin. 2022. No. 3. P. 6-15.
6. Koryagin D. A. Implementation of notary functions in the framework of protecting the rights of participants in corporate relations // Jurist. 2024. No. 6. P. 9-18.
7. Romanovskaya O. V. Notaries in Russia and Germany: Experience of Legal Comparative Studies // Science. Society. State. 2020. No. 1 (29). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/notariat-v-rossii-i-germanii-opyt-pravovoy-komparativistiki (date of access: 20.11.2024).
8. Soloviev D. Yu. Historical aspects of the development of the notaries // Notary. 2019. No. 8. P. 46-48.
9. Seliverstov E. A. Foreign experience of notarial certification of transactions // Bulletin of Science. 2020. No. 2 (23). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/zarubezhnyy-opyt-notarialnogo-udostovereniya-sdelok (date of access: 20.11.2024).
10. Ilyushina M. N. Legal force of notarial acts as executive documents: problems of improving legislation // Notarial Bulletin. 2022. No. 3. P. 6-15.
CIVIL LAW
TELNOV Alexey Vladimirovich
Ph.D. in Law, Chief Legal Adviser, Sberbank Factoring LLC
PROTECTION AGAINST DEFAMATION OF THE REPUTATION OF BODIES AND PERSONS ACTING ON BEHALF OF AND IN THE INTERESTS OF THE STATE IN THE REPUBLIC OF SOUTH AFRICA
The article provides a legal analysis of the legislation and judicial practice of the Republic of South Africa regarding the legal possibilities of bodies and persons acting on behalf of and in the interests of the state to legally protect their reputation and, in fact, the reputation of the state from defamation (from the dissemination of false defamatory information). The object of the scientific research was: the phenomena of public relations with examples of their legal regulation in cases of defamation; the procedure for resolving disputes related to the dissemination of information that constitutes a defamatory statement of facts or opinions that negatively affect the reputation of the state and public figures directly associated with the state. It is concluded that bodies and persons acting on behalf of and in the interests of the Republic of South Africa, along with other subjects affected by defamation, have equal rights to protect their reputation from defamation. And in fact, they have equal opportunities to use the methods of protecting their reputation from defamation provided for by the provisions of the judicial practice of the Republic of South Africa in the context of the proclaimed right to freedom of expression. Successful protection of the reputation of bodies and persons acting on behalf of and in the interests of the Republic of South Africa is reliably ensured by the current legislation of the Republic of South Africa and the provisions of judicial practice, and has a positive effect on the level of the reputation of the state as a whole.
Keywords: defamation, Republic of South Africa, the state, bodies and persons acting on behalf of and in the interests of the state, legal protection of civil rights, intangible benefits, reputation.
Article bibliography
1. Badayeva N. V. Property-law institutions in the civil law of South Africa // Bulletin of the Russian University of Cooperation. – 2017. – No. 1 (27). – P. 82.
2. Rudokvas A. D., Thomas F. J. Coexistence and harmonization of various legal traditions of South Africa // Jurisprudence. – 2023. – V. 67, No. 2. – P. 115. – [Electronic resource]. – Access mode: https://doi.org/10.21638/spbu25.2023.201.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
Lawyer of the Leningrad regional bar association, branch of the Law Firm “Pelevin and Partners”
LEGAL FEATURES OF PLASTIC SURGERY IN RUSSIAN PLASTIC SURGERY CLINICS FOR FOREIGN CITIZENS 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. Attention is drawn to the fact that foreign citizens are temporarily staying in Russia, when receiving emergency medical care in the field of plastic surgery, must apply for a voluntary medical insurance policy. The problem of paying for such medical services is identified, due to the lack of medical insurance policies for these citizens or their family members or the non-coverage of real expenses for the treatment of foreign citizens with purchased policies.
Keywords: plastic surgery, medical care, surgery, medical tourism, contract, foreign citizen, customer, clinic, voluntary medical insurance policy.
Article bibliography
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. Provision of medical care to foreign citizens // University medicine of the Urals. – 2022. – V. 8, No. 4 (31).
3. Pogodina I. V., Tsarev M. A. Foreign experience of travel insurance and prospects for its application in the Russian Federation // Tourism: law and economics. – 2022. – No. 1.
4. Seleznev V. D. Medical tourism and its development in modern conditions // Bulletin of the National Academy of Tourism. – 2012. – No. 4 (24).
5. Sergeev Yu. D., Aleksandrova O. Yu., Nasyrova A. N. On organizational and legal aspects of providing medical care to foreign citizens (on the example of cases with pathology of the maxillofacial region) // Medical law. – 2014. – No. 3.
6. Strebkova E. G. Problems of realization of 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).
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 PROCEDURE
TOLCHEV Ivan Mikhaylovich
postgraduate student, University “Synergy”
ON THE ISSUE OF THE LIMITS OF JUDICIAL DISCRETION IN CIVIL PROCEEDINGS
The article defines the concept of judicial discretion and the prerequisites for its development, explores the controversial issue in theory and practice about the relationship between the norms of law and the limits of judicial discretion. Using examples, the peculiarities of the exercise of the right to judicial discretion are considered and the conclusion is proposed that the right without discretion ultimately yields to arbitrariness, but the boundaries of judicial discretion should not be blurred. The destabilization of civil turnover and the expansion of the sphere of judicial discretion is fraught with judicial arbitrariness. In this regard, ways to limit judicial discretion are proposed, such as the certainty of legal norms, the introduction of legal expertise of draft normative legal acts, the application of evaluation categories according to general rules.
Keywords: judicial discretion, limitations of judicial discretion, judicial arbitrariness, limitation of judicial discretion.
Article bibliography
1. Aubakirova-Ter-Grigoryan N. M. Judicial discretion: concept and essential features. // Actual problems of Russian law. – 2023. – No. 8, August. – P. 100-107.
2. Bychkov A. I. Actual problems of judicial proceedings. – M.: Infotropic Media, 2016. – 480 p.
3. Nikitin A. A. Legislative limitation of judicial discretion // Bulletin of the Saratov State Law Academy. – 2020. – No. 1 (132). – P. 191-198.
4. Maslov V. A. Judicial discretion in decisions of the Supreme Court of the Russian Federation. // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2, April-June. – P. 219-225.
5. Pokrovsky I. A. Main problems of civil law. 8th ed. – M., 2020. – 351 p.
CIVIL PROCEDURE
YAKHIYAEV Shamil Sheikhovich
magister student, Dagestan State University, Makhachkala
COMPARATIVEANALYSIS OF SIMPLIFIED PROCEEDINGS IN THE CIVIL PROCESS
The article examines the main theoretical aspects of the administration of justice in civil and arbitration disputes in the order of simplified proceedings, analyzes the concept of simplified proceedings in civil and arbitration proceedings, compares simplified proceedings in civil and arbitration proceedings, highlights their similarities and differences, and suggests ways to develop simplified proceedings in the civil process.
Keywords: court, justice, civil process, arbitration process, administrative proceedings, simplified proceedings.
Article bibliography
1. Gromoshina N. A. Simplification of the civil process as a manifestation of the tendency of its unification // Laws of Russia: experience, analysis, practice. – 2016. – No. 9. – P. 3-6.
2. Gubaidulina G. A. Comparative analysis of simplified proceedings in civil and arbitration proceedings // Domestic jurisprudence. – 2020. – No. 2 (41). – P. 56-59.
3. Case No. 2-5506/2023 of the Central District Court of Barnaul, Altai Krai. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/wGER2JXs7aZY/?reg (date accessed: 13.10.2024).
4. Gubaidulina G. A. Comparative analysis of simplified proceedings in civil and arbitration proceedings // Domestic jurisprudence. – 2020. – No. 2 (41). – P. 56-59.
5. Zapisnaya T. V. Simplified proceedings in the Arbitration Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation: a comparative legal analysis // Modern trends in the development of civil and civil procedural legislation and the practice of its application. – 2016. – No. 3. – P. 470-475.
6. Bochkarev A. E. Optionality of simplified judicial proceedings // Russian judge. – 2013. – No. 4. – P. 16.
7. Yarkov V., Bonner A., Nikitin S. [et al.]. Code of Administrative Procedure: expectations and prospects // Law. – 2015. – No. 9. – P. 18-33.
8. Zapisnaya TV Simplified proceedings in the Arbitration Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation: a comparative legal analysis // Modern trends in the development of civil and civil procedural legislation and the practice of its application. – 2016. – No. 3. – P. 470-475.
9. Gubaidulina GA Comparative analysis of simplified proceedings in civil and arbitration proceedings // Domestic jurisprudence. – 2020. – No. 2 (41). – P. 56-59.
FINANCIAL LAW
ROZHDESTVENSKAYA Tatyana Eduardovna
Ph.D. in Law, professor, professor of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
KARTASHOV Alexander Viktorovich
Ph.D. in Law, associate professor, associate professor of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
PUBLIC LAW ASPECTS OF COUNTERING GREENWASHING IN THE FINANCIAL MARKET
The sustainable development of society and the state directly depends on the state of the economic system and, first of all, one of its most important elements – the financial market. Maintaining the sustainable development of the financial market is achieved as a result of ensuring financial stability and preventing risks affecting its condition. Currently, climate change entails an increase in climate risks and the spread of greenwashing in the financial market. The article examines the concept of greenwashing in the financial market and reveals the approaches used by financial market regulators in order to prevent this unfair practice.
Keywords: Financial market, unfair practices in the financial market, Greenwashing.
Article bibliography
1. Kartashov A. V. The role of platforms in the financial market // Issues of Russian and international law. – 2023. – Vol. 13, No. 4-1. – Pp. 111-119. – DOI 10.34670/AR.2023.41.60.016. – EDN MBNDXG.
2. Morgan, George Emir. Financial institutions, markets, and economic activity: Tim Campbell, (McGraw-Hill Book Company, New York, 1982) // Journal of Banking & Finance. – Elsevier. – 1983. – Vol. 7 (1). – P. 147-152, March.
3. Gainullina D. R., Avramenko A. A. International practices for assessing the environmental component of the investment attractiveness of companies (using ESG indicators as an example) // Insurance Law. – 2021. – No. 3 (92). – P. 54-66. – EDN EKPYUQ.
4. Voronina N. P. Greenwashing: a legal mechanism for counteracting // Bulletin of Kutafin University. – 2023. – No. 3. – P. 31-32.
FINANCIAL LAW
ALEKHIN Vladislav Anatoljevich
postgraduate student of Financial law sub-faculty, O. E. Kutafina Moscow State Law University (MSAL)
MOROZOVA Natalya Semyonovna
Ph.D. in Law, senior scientific researcher, O. E. Kutafin Moscow State Law University (MSAL)
LEGAL BASIS FOR THE FUND METHOD OF FINANCING INNOVATIVE PHARMACEUTICS FOR THE PURPOSES OF IMPLEMENTING THE PHARMA-2030 STRATEGY
In the context of modern challenges and threats to the sustainable economic development of the Russian Federation, the government focuses with special attention on supporting innovative developments necessary for a safe and comfortable life for the population. Thus, one of the strategically important scientific and manufacturing industries is the pharmaceutical industry, in particular, in the context of the creation of innovative medicines. In this regard, the article provides an analysis of the main provisions of the Pharma-2030 Strategy, and discusses specific examples of its practical implementation. The article focuses on the analysis of the problem of legal regulation of financing innovative pharmaceutical developments. In particular, it is proposed to finance innovative developments using the stock method of financing, i.e. through the creation of specialized funds, including venture funds. During the study of this issue, the need to improve the legal regulation of the stock method of financing was noted, including using the experience of the Moscow International Medical Cluster Foundation, the Innovation Assistance Fund, and the PharMed Innovations Foundation.
Keywords: financing by funds, Pharma-2030 Strategy, innovative drugs, innovative pharmaceuticals, financing of innovative pharmaceutical projects.
Article bibliography
1. Pashtova L. G. Legal regulation of venture financing processes for innovative activities in Russia // Property relations in the Russian Federation. – 2020. – No. 1 (220). – P. 51-58.
FINANCIAL LAW
ZAKHAROV Evgeniy Alexeevich
Ph.D. in Law, associate professor of Financial law sub-faculty, Ural State Law University, Ekaterinburg
ON THE ISSUE OF THE “TAX AMNESTY” OF 2024
The article is devoted to the analysis of the concept of “tax amnesty” and approaches to its implementation in the Russian Federation and other foreign countries. The author analyzes the identity of the amnesty law institute for the purposes of tax law and other branches, in particular criminal law. The author points out the goals and impact of tax amnesty on the behavior of taxpayers and tax authorities, analyzes the possibility of implementation of the institution of tax amnesty in the Russian Federation. In addition, the author points out the specifics of the tax amnesty in the “business fragmentation” in 2024 in the Russian Federation. The author positively assesses the effect of the introduction of the term “business fragmentation” into Russian legislation, which reduces the uncertainty in proving the fact of business fragmentation in disputes with tax authorities.
Keywords: tax amnesty, business fragmentation, abuse of law, tax liability, Russian Federation.
Article bibliography
1. Kopina A. A. New “tax amnesty” or a basis for writing off tax debts? // Taxes. – 2017. – No. 24.
2. Pokachalova E. V., Belova T. A. “Tax amnesty” in the system of financial and legal concepts and institutions // Taxes. – 2015. – No. 2.
FINANCIAL LAW
KULAKOVA Diana Vladimirovna
adjunct, Faculty of Training of Scientific and Scientific-Pedagogical Personnel, Academy of Management of the MIA of Russia
INTERACTION OF THE FINANCIAL COMMISSIONER WITH PUBLIC AUTHORITIES
The article presents recommendations and suggestions for improving the interaction of the financial commissioner with public authorities. In the course of the research, the author identified the subjects with whom the financial commissioner interacts, and considered the process of their cooperation. The author emphasizes the need to continue the positive trend of combining the efforts of various human rights institutions for the most effective protection of individual rights and freedoms, which is carried out on the basis of legislative provisions and contractual agreements on information interaction.
Keywords: commissioner for the rights of consumers of financial services, interaction, financial commissioner, public authorities, consumers of financial services, financial organizations.
Article bibliography
1. Boytsova V. V. Legal institution of the ombudsman in the system of interaction of the state and civil society: diss. … Doctor of Law. – Moscow, 1995. – 740 p.
2. Ermakov K. K. Interaction and coordination in the internal affairs agencies. – M., 1971. – 85 p.
3. Lysova Yu. V. Actual problems of consumer rights protection when issuing a loan and its insurance coverage // Bulletin of the O. E. Kutafin University (MSAL). – 2020. – No. 8. – P. 45-65.
FINANCIAL LAW
KHAMIDULLIN Timur Raphaelevich
magister student of the 2nd course, National Research University “Higher School of Economics”
ASSESSMENT OF THE ROLE OF A TAX CONCEPT OF BENEFICIAL OWNERSHIP TO INCOME WITHIN THE SYSTEM OF TAX INSTRUMENTS RESTRICTING THE APPLICABILITY OF REDUCED WITHHOLDING TAX RATES IN THE RUSSIAN FEDERATION
The article studies the prerequisites for enshrinement of the concept of beneficial ownership to income in the Tax Code of the Russian Federation. Through the prism of analyzing the other tax instruments restricting the applicability of reduced withholding tax rates on the Russian-sourced incomes (provisions on limitation of benefits in double tax avoidance agreements, the “principle purpose test», the article 54.1 of the Tax Code of the Russian Federation) the author determines the place and role of the concept of beneficial ownership to income within the system of national tax legislation.
Keywords: the concept of beneficial ownership to income, double tax avoidance agreements, unjustified tax benefit, The Organization for Economic Co-operation and Development.
Article bibliography
1. Arakelov S. A. Development of the concept of actual right to income: approaches of the Federal Tax Service of Russia taking into account the established judicial practice // Law. – 2017. – No. 5. – P. 45-56.
2. Machekhin V. A., Marshankulova O. S. Combating the unlawful use of benefits provided by double taxation avoidance agreements, in the Report on Direction 6 of the BEPS Plan // Current problems of Russian law. – 2017. – No. 1. – P. 92-99.
3. Khavanova I. A. The principle of the main goal: innovations in international tax rules // Financial law. – 2019. – No. 7. – P. 40-43.
4. Khavanova I. A. The test of the main goal: difficulties in the official translation of international tax rules // Tax expert. – 2019. – No. 7 – P. 24-30.
CORPORATE LAW
KOZHOKAR Andrey Petrovich
Head of the Secretariat of the Chairman of the Twelfth Arbitration Court of Appeal
LEGAL REGULATION OF NOTARIAL CONTROL WHEN PLEDGING A SHARE OR PART OF A SHARE IN THE AUTHORIZED CAPITAL OF LIMITED LIABILITY COMPANIES
The paper considers the peculiarity of the implementation of notarial control when pledging a share or part of a share in the authorized capital of limited liability companies. The legal nature of this institution, the peculiarities of the subject composition of control legal relations, their rights and obligations, as well as guarantees are determined. It has been established that the transition to notarization of transactions with shares is largely dictated by a significant proportion of limited liability companies among other organizational and legal forms of legal entities, a low level of integrity of participants and inefficiency in protecting their rights and legitimate interests from unscrupulous behavior of counterparties. The characteristic of the based risks arising from sellers and buyers of shares is given.
Keywords: share in the authorized capital, limited liability company, corporate rights, notary control, collateral, collateral control.
Article bibliography
1. Arkhipov V., Sokolova E. Pledge of shares in the authorized capital of an LLC // Corporate lawyer. – 2009. – No. 9. – P. 37.
2. Begichev A. V., Frolova E. E. Actual problems of the notary office as an effective human rights mechanism // Human rights defender. – 2016. – No. 6. – P. 3.
3. Cheremnykh G. G. New legislation in light of notarial law enforcement practice: pros and cons // Notary. – 2009. – No. 2. – P. 6.
CORPORATE LAW
KONYUSHKEVICH Vadim Dmitrievich
postgraduate student of Business and corporate law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL), Managing Partner of VK Partners law firm, Advocate of the Bar Chambers of Moscow Region
LEGAL ASPECTS AND TYPICAL TERMS OF VENTURE CAPITAL INVESTMENT DEALS IN CHINA
The article considers the specifics of legal regulation of Chinese venture market and analyzes the typical terms of venture capital transactions in China based on the comparative legal analysis of Chinese and Russian laws. The author emphasizes that China’s experience in the field of legal regulation of venture capital investment transactions may be useful for improvement of the Russian legislation in this area and development of innovative economy in general.
Keywords: China, venture capital investment, startup, convertible preferred shares, liquidation privilege, preemptive rights, tag along, drag along.
Bibliographic list of articles
1. Lin L. Venture Capital Law in China. – Cambridge University Press, 2021.
2. Belikova K. M. “Foreign investment”, “investor”, “investment activity”, “organizational and legal forms” of its implementation and the main conditions ensuring the admission of foreign investment in the economy of the PRC, under the new Law “On Foreign Investment” of 2019 // Legal research. – 2019. – No. 7. – DOI: 10.25136/2409-7136.2019.7.30486. – [Electronic resource]. – Access mode: https://nbpublish.com/library_read_article.php?id=30486.
3. Bakai K. A., Peshkova G. Yu. Formation and development of venture business in the USA, EU, Israel, China and Russia // Actual problems of economics and management. – 2015. – No. 2. – P. 14-18.
4. Konyushkevich V. Venture Capital Transactions: A Study of Legal and Economic Features. // Property Relations in the Russian Federation. – 2024. – No. 8 (275). – P. 97-107.
5. Lin L. Contractual Innovation in China’s Venture Capital Market // European Business Organization Law Review. – 2020. – No. 21 (1). – P. 101-138.
6. Klausner M., Venuto S.. Liquidation Rights and Incentive Misalignment in Start-up Financing // Cornell Law Review. – 2013. – No. 98 (6).
7. Bratton W. W. Corporate Finance: Cases and Materials. – St Paul, MN: Foundation Press. 2016. – 864 p.
8. Feld B. and Mendelson J. Venture Deals: Be Smarter than Your Lawyer and Venture Capitalist. – Wiley, 2012. – 45 p.
9. Schwienbacher A. Venture Capital Exits. Venture Capital: Investment Strategies, Structures, and Policies. – New Jersey: Wiley, 2010. – P. 387-391.
10. Klonowski D. The Venture Capital Deformation: Value Destruction throughout the Investment Process. – London: Palgrave Macmillan, 2017. – 209 p.
11. Bikhchandani S., Lippman S. A., Ryan R. On the Right-of-First-Refusal // The B. E. Journal of Theoretical Economics. – 2005. – No. 5 (1). – P. 1-42.
12. Bratton W., Wachter M. A Theory of Preferred Stock // University of Pennsylvania Law Review. – 2013. – 161. – 1825.
13. Klausner M. D., Litvak K. What Economists Have Taught Us About Venture Capital Contracting’ in M. Whincop. Bridging the Entrepreneurial Financing Gap: Linking Governance with Regulatory Policy. – 2001.
14. Feld B., Mendelson J. Venture Deals: Be Smarter than Your Lawyer and Venture Capitalist. – Hoboken, New Jersey. John Wiley & sons inc. 2016. – P. 74-75.
15. Rodionova O. M. Legal regulation of venture investment in Russia: gaps and contradictions // Science management and scientometrics. – 2024. – Vol. 19, No. 1. – P. 124-139. – [Electronic resource]. – Access mode: DOI: https://doi.org/10.33873/2686-6706.2024.19-1.124-139.
INFORMATION LAW
ABDUSALAMOV Ruslan Abdusalamovich
Ph.D. in pedagogical sciences, associate professor of Information law and informatics sub-faculty, Institute of Law, Dagestan State University, Makhachkala
IBRAGIMOV Magomed Arslanovich
student of the 3rd year course, Institute of Law, Dagestan State University, Makhachkala
ENSURING THE INFORMATION SECURITY OF MINORS
Information technologies in the context of globalization have begun to affect all spheres of life for both adults and children, and therefore, with each new round of development of the information society, the problem of the implementation of information rights is of increasing scientific interest. Unlike adults who have certain knowledge, experience and skills in using information technology, minors are often in a more vulnerable position, especially from the point of view of the possible destructive impact of the Internet environment, and therefore the analysis of the role and impact of information technology on children requires legal understanding, and the relevance of this is increasing.
The increasing importance of ensuring the information security of minors in the national security system of the Russian Federation is due to the need to legally ensure their protection from the destructive effects of information technologies, including mass media and Internet resources, in order to neutralize the negative impact on behavior, mental health, as well as preventing the risks of harm to minors. Therefore, the development of a system of legal support for information security of minors is considered one of the priority areas of scientific research.
Keywords: information, information security, minors, legal regulation, the Internet.
Article bibliography
1. Atagimova E. I. State policy in the sphere of spiritual and moral education of young people: implementation issues // Monitoring of law enforcement. – 2022. – No. 4 (45). – P. 22-30.
2. Batalov D. R. Educational environment of a general education organization as a means of preventing bullying among schoolchildren: dissertation for the degree of candidate of pedagogical sciences / Fed.real state budgetary educational institution of higher education “Vladimir State University named after Alexander Grigorievich and Nikolay Grigorievich Stoletov”. – 2024. – 227 p.
3. Bespalov Yu. F. Information security of persons with special legal status: social and legal aspect // Notary. – 2020. – No. 1. – P. 16-17.
4. Bespalov Yu. F. Some issues of implementation of family rights of the child (theory and practice). – Vladimir: Vladimir State Pedagogical University, 2021. – 123 p.
5. Tyurina K. A., Khromova V. S. Ensuring information security of minors: responsibilities of parents and administrative and legal means of their implementation // In the collection: Actual problems of public law. Collection of scientific papers. – Vladimir, 2023. – P. 289.
6. Polyakova T. A., Minbaleev A. V., Krotkova N. V. Development of the science of information law and legal support for information security: the formation of a scientific school of information law (past and future) // State and Law. – 2021. – No. 12. – P. 102.
INFORMATION LAW
PEKSHEV ALEXEY VICTOROVICH
Ph.D. in medical sciences, lecturer, O. E. Kutafin Moscow State Law University (MSAL)
PROCEDURE FOR PROVIDING TELEMEDICINE: CURRENT ASPECTS OF IMPROVEMENT
The article discusses the problems of realizing the rights of citizens to affordable and high-quality medical care, including the use of telemedicine technologies. Currently, the use of telemedicine technologies has not been properly regulated, which actualizes the risks of violating the rights of patients who receive the services provided. It is shown that in order to improve the mechanisms of legal protection of patients, the legislator needs to agree on the place of provision and other essential terms of the contract for the provision of telemedicine services.
Keywords: telemedicine technologies, medical care, improvement of legal regulation
Article bibliography
1. Civil Code of the Russian Federation (Part One) of November 30, 1994, No. 51-FZ // SZ RF. – 1994. – No. 32. – Art. 3301.
2. Civil Code of the Russian Federation (Part Two) of January 26, 1996, No. 14-FZ // SZ RF. – 1996. – No. 5. – Art. 410.
3. Federal Law of 21.11.2011 No. 323-FZ “On the Fundamentals of Protecting Citizens’ Health in the Russian Federation” // SZ RF. – 2011. – No. 48. – Art. 6724.
4. Order of the Ministry of Health of Russia of 30.11.2017 No. 965n “On approval of the procedure for organizing and providing medical care using telemedicine technologies” // Official Internet portal of legal information http://www.pravo.gov.ru, 10.01.2018 (Date of access: 14.08.2024).
5. Pekshev A. V. Formation of unified intersectoral approaches to proper provision of biological safety // Bulletin of the O.E. Kutafin University (MSAL). – 2020. – No. 5 (69). – pp. 74-82.
INFORMATION LAW
ABDUSALAMOV Rustan Abdusalamovich
Ph.D. in pedagogical sciences, associate professor, Head of Information law and informatics sub-faculty, Dagestan State University, Makhachkala
MAGDILOVA Larisa Vladimirovna
Ph.D. in economical sciences, associate professor, associate professor of Information law and informatics sub-faculty, Dagestan State University, Makhachkala
GADZHIEVA Aishat Magomedsalamovna
magister student of Information law and informatics sub-faculty, Dagestan State University, Makhachkala
LEGAL ASPECTS OF PERSONAL DATA PROTECTION IN DIGITAL PROFILE
The article deals with problematic issues of legal regulation of personal data contained in the digital profile created by the subjects of digital space in information systems. Digital profiling is of particular importance when transferring state information systems to the Unified State Digital Platform, when preserving the functions of identification and authentication system in the conditions of interdepartmental electronic interaction, transition from digital economy to data economy. The digital profile allows optimizing the process of providing public services. In the field of legal regulation, the state should provide a clear regulatory framework governing the rights of citizens and the responsibilities of bodies and organizations working with the digital profile. The introduction of innovative technologies to ensure information security, increasing digital literacy of citizens and improving information legislation are considered as promising solutions for the protection of personal data in the development of digital platforms.
Keywords: data circulation, information protection, quantum technologies, digital space, artificial intelligence, digital personality, digital rights.
Prystateinyth bibliographic list
1. Vinogradova E. V., Polyakova T. A., Minbaleev A. V. Digital profile: concept, regulation mechanisms and implementation problems // Law enforcement. 2021. Vol. 5, No. 4. Pp. 5-19.
2. Dolganova O. I., Vasilyeva E. V., Ryabov D. A. Digital profile of a citizen: a necessary and sufficient set of personal data // Issues of innovative economics. 2022. Vol. 12, No. 3. Pp. 1523-1540.
3. Ermakova D. A., Stepanyan D. S. Concept of creation and issues of legal regulation of a citizen’s digital profile // Trends in the development of science and education. 2023. No. 98-3. P. 94-97.
4. Loktionova Yu. N., Yanina O. N. The mechanism of using the digital profile infrastructure in the digital economy // Bulletin of the Catherine Institute. 2023. No. 4 (64). P. 18-21.
5. Minbaleev A. V. Problems and prospects of ensuring the protection of personal data of citizens in a digital profile // Bulletin of the Urals Federal District. Security in the information sphere. 2021. No. 4 (42). P. 59-63.
6. Minbaleev A. V., Titova E. V. Digital profile of an athlete: problems of legal regulation and protection // Man. Sport. Medicine. 2021. Vol. 21, No. S2. P. 154-160.
7. Mochalov A. N. Digital profile: the main risks for constitutional human rights in the context of legal uncertainty // Lex Russica (Russian law). 2021. Vol. 74, No. 9 (178). P. 88-101.
8. Ostroushko A. V. Problems of legal support for the process of introducing a citizen’s digital profile // Legal studies. 2022. No. 5. P. 34-47.
DIGITAL LAW
MOROZOVA Natalya Semyonovna
Ph.D. in Law, senior researcher, O. E. Kutafin Moscow State Law University (MSAL)
CURRENT DIRECTIONS FOR IMPROVING LEGISLATION IN THE FIELD OF INTRODUCING ARTIFICIAL INTELLIGENCE TECHNOLOGIES INTO MEDICAL PRACTICE
The article discusses the problematic aspects of the introduction of artificial intelligence technologies into medical practice. Thus, in 90% of countries, artificial intelligence in healthcare has not yet received clear regulatory control. At present, the issue of developing a set of measures for the ethical assessment of innovative digital solutions introduced into clinical practice has not been fully resolved, which creates serious risks of violating the rights of citizens in this area. In order to minimize these risks and threats, it seems appropriate to legislatively specify the issue of the need for ethical verification of technologies introduced into clinical practice. The author also suggests ways to solve the traditional problem of the legal capacity of artificial intelligence and the possibility of its application in healthcare by establishing a program of an experimental legal regime in the field of digital innovations.
Keywords: medical practice, digital innovation, artificial intelligence, ethical verification, code of ethics, experimental legal regime.
CRIMINAL LAW
AKSENOV Alexey Nikolaevich
senior lecturer of Criminal law disciplines, criminal law disciplines, criminology and penal enforcement law sub-faculty, A. S. Griboyedov Moscow State University (IMPE named after A. S. Griboyedov)
SAMOYLOVA Irina Nikolaevna
Ph.D. in philosophical sciences, associate professor of Theory and history of state and law sub-faculty, A. S. Griboyedov Moscow State University (IMPE named after A. S. Griboyedov)
SMOLYANINOV Evgeniy Serafimovich
Ph.D. in Law, associate professor of Criminal law disciplines, criminal law disciplines, criminology and penal enforcement law sub-faculty, A. S. Griboyedov Moscow State University (IMPE named after A. S. Griboyedov)
JUDICIAL DISCRETION IN SENTENCING FOR VIOLENT CRIMES
The authors examine the practice of imposing punishments established by criminal law for violent crimes that are combined with one or another measure of judicial discretion based on an analysis of the legislation of the Russian Federation, scientific approaches, media materials and the author`s understanding of this issue. The author’s definition of the term “judicial discretion”, its elements and types, as well as proposals for improving the legal regulation of this issue are presented.
Keywords: judicial discretion, violent crimes, punishment, assignment of punishment, fairness of punishment.
Article bibliography
1. Aksyonov A. N. Methodological approaches to understanding violent crime and violent crimes // Activities of law enforcement agencies in modern conditions: collection of materials of the XXVI international scientific and practical conference, Irkutsk, June 11, 2021. – Irkutsk: East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, 2021. – P. 10-13.
2. Gracheva Yu. V. Judicialdiscretion in the implementation of criminal law norms: problems and ways to solve them. – M .: Prospect Publishing House, 2014. – 373 p.
3. Bogdanova R. M., Krasnoplakhtich M. V., Rodionova N. D. [et al.]. Global challenges, new risks and priorities of economic systems: Monograph. In 2 volumes / Edited by S. V. Berdnikov, N. G. Kuznetsov. Volume 2. – Rostov-on-Don: Rostov State University of Economics “RINH”, 2019. – 298 p. – ISBN 978-5-7972-2701-4. – EDN VSVKJQ.
4. Kamyshansky D. Yu. On some aspects of the relationship between lobbying and corruption in the United States of America // Science and education as the basis for the development of Russia. Personnel for an Innovative Economy: A Collection of Articles Based on the Results of the Sixth Professorial Forum (Moscow, November 14-16, 2023). Volume 1. – M.: Russian Professorial Assembly, 2023. – Pp. 219-226.
5. Kaufman M. A. Law-making errors in criminal law // Journal of Russian Law. – 2016. – No. 9. – Pp. 124-136.
6. Ryzhova O. A. Features associated with judicial discretion in sentencing // Science. Society. State – 2013. – No. 2 (2). – Pp. 121-127.
7. Ponomarenko S. I., Samoilov I. N. The problem of duality of the status of the suspect and the accused // Eurasian Law Journal. – 2017. – No. 7 (110). – P. 203-207. – EDN ZDOVTH.
8. Criminal Procedure Code of the Russian Federation of 18.12.2001 No. 174-FZ (as amended on 05.12.2022) (as amended and supplemented, entered into force on 26.12.2022). – [Electronic resource]. – Access mode: http://base.garant.ru/12125178 (date of access: 14.03.2024).
CRIMINAL LAW
GITINOVA Madinat Makhmudovna
Ph.D. in Law, associate professor of Criminal law sub-faculty, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
SULTANAKHMEDOVA Besmira Zeynudinovna
magister student, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
CONCEPT OF JUSTICE AND PRELIMINARY INVESTIGATION
This work is devoted to the study of the concepts of justice and preliminary investigation, their role in the criminal justice system. Justice is defined as the activities of the judiciary aimed at resolving legal disputes and restoring justice in society. An important component of justice is the preliminary investigation – the initial stage of the criminal process, at which authorized bodies collect and verify evidence in order to establish the factual validity of suspicions and accusations. These two components are closely interconnected: the preliminary investigation prepares the basis for subsequent judicial proceedings, ensuring the objectivity and completeness of the process. The work reveals the theoretical aspects and legislative foundations of these concepts, and also analyzes their practical application and significance in ensuring the rights and freedoms of citizens.
Keywords: justice, signs of justice, principles of justice, protection of persons administering justice, preliminary investigation, criminal procedure, trial, evidence, rights and freedoms of citizens.
Article bibliography
1. Amirarslanov K. N. The concept of justice and its features // Problems of improving legislation: Collection of scientific articles by students of the Faculty of Law. Volume Issue 87/20. – Makhachkala: Limited Liability Company “ALEF”, 2020. – P. 36-38. – EDN DERDZH.
2. Aleshkova I. A., Dudko I. A., Marokko N. A. Constitutional Foundations of the Judiciary: Lecture Course for Bachelors. – Moscow: Russian State University of Justice, 2015. – 379 p. – ISBN 978-5-93916-467-2. – Text: electronic // Digital educational resource IPR SMART: [website]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/45228.html (accessed: 02.11.2024). – Access mode: for authorized users
3. Borkov V. N. Crimes Committed in the Administration of Justice, Preliminary Investigation and Operational-Investigative Activities: Monograph. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2022. – 180 p. – ISBN 978-5-88651-806-1. – Text: electronic // Digital educational resource IPR SMART: [site]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/138423.html (accessed: 02.11.2024). – Access mode: for authorized Users
4. Georgievskiy E. V., Kravtsov R. V. Crimes against justice in Soviet criminal legislation // Siberian legal bulletin. – 2021. – No. 4. – P. 103.
5. Geldibaev M. Kh. Crimes against justice and their classification // Criminal legislation: yesterday, today, tomorrow: Proceedings of the annual all-Russian scientific and practical conference, St. Petersburg, June 3-4, 2022 / Under the general editorship of T. A. Ogar, D. M. Kokin, compiled by N. I. Kuznetsova. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2022. – P. 77-84. – EDN UBPAPZ.
6. Poskrebnev M. E. Theoretical problems of justice in civil cases: a tutorial. – Moscow: Russian State University of Justice, 2022. -148 p. – ISBN 978-5-93916-977-6. – Text: electronic // Digital educational resource IPR SMART: [website]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/122915.html (date accessed: 02.11.2024). – Access mode: for authorized users
7. Lebedev V. M. Judicial power in modern Russia: problems of formation and development. – St. Petersburg, 2001. – P. 214.
8. Ershov V. V., Lazarev V. V., Lisyutkin A. B. [et al.]. The rule of law and justice. Problems of theory and practice: materials of the VIII international scientific and practical conference. April 15-19, 2013 / Edited by V. M. Syrykh, V. N. Vlasenko. – Moscow: Russian State University of Justice, 2014. – 660 p. – ISBN 978-5-93916-416-0. – Text: electronic // Digital educational resource IPR SMART: [website]. – [Electronic resource]. – Access mode: https://www.iprbookshop.ru/22387.html (date of access: 09/30/2024). — Access mode: for authorized. users
9. Sharipova A. R. Preliminary investigation as a stage of criminal proceedings // Modern Science. – 2020. – No. 6-1. – P. 411-414. – EDN NPACRA.
CRIMINAL LAW
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, docent, associate professor of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
NON-EXECUTION OF A COURT VERDICT, COURT DECISION OR OTHER JUDICIAL ACT: SOME ISSUES OF ESTABLISHING OBJECTIVE SIGNS
Criminal liability for non-execution of judicial acts is an effective tool that contributes to strengthening the rule of law and ensuring justice, which is important in determining the effectiveness of the administration of justice. Article 315 of the Criminal Code of the Russian Federation provides the basis for such liability. Since the objective signs of the corpus delicti established by art. 315 of the Criminal Code of the Russian Federation are legislatively defined through evaluative concepts, the signs and criteria of which are not explained in official acts of judicial interpretation, then there is a need, first of all for the law enforcement officer, for their scientifically based unified definition. The article offers options for establishing the maliciousness of non-execution of a judicial act that has entered into force.
Keywords: crime, malicious non-performance, judicial acts that have entered into force, ongoing act, evaluative concept.
Article bibliography
1. Barkho V. Yu. Problems of qualification of acts under Art. 315 of the Criminal Code of the Russian Federation // Gaps in Russian legislation. – 2022. – Vol. 15, No. 7. – P. 229-232.
2. Barkho V. Yu. Problems of qualification of acts under Art. 315 of the Criminal Code of the Russian Federation // Gaps in Russian legislation. – 2022. – Vol. 15, No. 7. – P. 229-232.
3. Zhernovoy M. V., Zvyagin V. A. Criminal liability for failure to enforce court decisions // Law and state: theory and practice. – 2019. – No. 11 (179). – P. 219-221.
4. Naumkin N. A. Bringing debtors to criminal liability for failure to enforce judicial acts: legal basis, problematic issues and ways to solve them // Bulletin of enforcement proceedings. – 2024. – No. 1. – P. 83-92.
CRIMINAL LAW
ZHELOKOV Nikolay Vyacheslavovich
Ph.D. in Law, associate professor of Criminal and penal enforcement law sub-faculty, Saratov State Law Academy
CERTAIN ASPECTS OF LEGISLATIVE REGULATION OF THE PROCESS OF ACHIEVING THE GOALS OF PUNISHMENT FOR LONG PERIODS OF IMPRISONMENT UNDER THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article analyzes the goals of punishment provided for in Part 2 of Article 43 of the Criminal Code of the Russian Federation, the effectiveness of their achievement when imposing punishment in the form of imprisonment for long periods. In the presented study, it is proposed to include the following types of punishments to such punishments: those imposed according to the totality of crimes; when replacing the death penalty by way of pardon and replacing it with life imprisonment; when imprisonment for a term of twenty-five years; with life imprisonment. The severity of such punishments makes it an effective tool within the framework of preventive and preventive measures only if the goals set for it are correctly set.
Keywords: goals of punishment, long terms of imprisonment, restoration of social justice, correction of the embarrassing person, prevention of the commission of new crimes.
Bibliographic list of articles
1. Belyaev N. A. Goals of punishment and means of achieving them in correctional labor institutions. – L.: Publishing house Leningr. University, 1963. – P. 27; Yakovlev A. M. Principles of social justice and the basis of criminal liability // Soviet state and law. – 1982. – No. 3. – P. 93.
2. Bulgakov V. V. Historical development of the concept of justice and its normative-legal properties // Problems and prospects for the development of humanitarian and socio-economic sciences Collection of scientific papers based on the materials of the International scientific and practical conference. In 4 parts. Volume Part II. General editor Zh. A. Shapoval. 2017. – P. 51-53.
3. Kudryavtsev V. N. Law and behavior. – M .: Legal lit., 1978. – P. 111.
4. Naumov A. V. Russian criminal law. Lecture course. V. 1 General part. – M., 2004. – P. 345.
5. Zhuravleva M. P. Responsibility and Punishment of Especially Dangerous Recidivists. – M. Publ. VNII MVD USSR, 1977. – P.66.
6. Yudin E. V. Punishment and Restoration of Social Justice in Criminal Law and Law Enforcement Practice: Abstract of Cand. Sci. (Law) Dissertation. – Irkutsk, 2007. – P. 3; Shutov K. N. Confiscation of Property in Russian Criminal and Criminal-Correctional Legislation: Cand. Sci. (Law) Dissertation. – Tomsk, 2000. – P. 58; Stanovsky M. N. Appointment of Punishment. – SPb.: Juridical center Press, 1999. – P. 17-18.
7. Razgildieva B. T. Criminal law of Russia. Lecture course. In 6 Volumes / Ed. B. T. Razgildieva. – Saratov, 2004. Volume 1. Book 1. – P. 108-109.
8. Koneger P. E. Correction of convicts in criminal and criminal-executive law // Bulletin of the Saratov State Law Academy. – 2012. – No. 5 (88). – P. 120.
9. Zubkova V. I. Criminal punishment and its social role: theory and practice. – M.: NORMA, 2002. – P. 78.
10. Minin A. V. On social justice as the goal of criminal punishment// Power: Criminological and legal problems. – M., 2000. – P. 201.
11. Kozachenko I. Ya. The concept of criminal punishment// Implementation of criminal liability: substantive and procedural aspects: Interuniversity collection of scientific articles. – Samara, 1992. – P. 72.
12. Russian criminal law. General part / Ed. by V. N. Kudryavtsev and A. V. Naumov. – M., 2000. – P. 387.
13. Tagantsev N. S. Russian criminal law. T. 2. – Tula: Avtograf, 2001. – P. 96.
14. Zhelokov N. V. Life imprisonment in the punishment system of the Criminal Code of the Russian Federation and its purpose: dis. … candidate of legal sciences. – Saratov, 2006. – P. 73.
15. Noy I. S. Issues of the theory of punishment in Soviet criminal law. – Saratov, 1962. – P. 41.
16. Lyublinsky P. I. On the effect of punishment // New ideas in jurisprudence. Collection No. 1. The goals of punishment. Ed. P. I. Lyublinsky. – St. Petersburg, 1914. – P. 6.
17. Noy I. S. Issues of the theory of punishment in Soviet criminal law. – Saratov, 1963. – P. 51.
18. Piontkovsky A. A. Social protection measures and the Criminal Code of the RSFSR // Soviet law. – M.; Petrograd, 1923. – No. 3 (6). – P. 42.
CRIMINAL LAW
ZARYAEV Vyacheslav Alexandrovich
Ph.D. in Law, associate professor of Criminal law sub-faculty, Central branch, Russian State University of Justice, Voronezh
SOLODOVCHENKO Dmitriy Dmitrievich
Ph.D. in historical sciences, associate professor, associate professor State and legal disciplines sub-faculty, Central branch, Russian State University of Justice, Voronezh
THE CONSTITUTIONAL PRINCIPLE OF HUMANISM AS THE BASIS OF CRIMINAL LEGISLATION: PROBLEMS OF IMPLEMENTATION IN FOREIGN COUNTRIES
The article analyzes the provisions of foreign constitutional acts, reflecting the principle of humanism. The article examines the trends in the implementation of the constitutional principle of humanism in the criminal legislation of foreign countries, and describes specific areas of humanizing criminal legislation. The authors describe the refusal to apply the death penalty as the way of humanizing criminal policy. A retrospective of the use of the death penalty as a type of criminal punishment in the United States, the cruelty and inhumanity of the methods of the death penalty are presented.
Keywords: constitutional principle of humanism, humanization of criminal legislation, capital punishment, death penalty, methods of the death penalty.
Bibliographic list of articles
1. Zakharova A. V. Implementation of the constitutional principle of humanism in criminal law // International Journal of Humanities and Natural Sciences. – 2018. – No. 10-2. – P. 136-138.
2. Death Penalty Information Center. [Electronic resource]. – Access mode: https://deathpenaltyinfo.org (date of access: 03.11.2024).
3. Report of the Ministry of Foreign Affairs of the Russian Federation “On the human rights situation in the United States of America”. – Moscow, 2024. [Electronic resource]. – Access mode: https://clck.ru/3CTBQQ (date of access: 14.11.2024).
4. Sarat, A. Gruesome Spectacles: Botched Executions and America’s Death Penalty. – Stanford Univ. Press, 2014. – P.146-177.
5. Stepanova O. Yu. Death penalty in the USA // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (82). – pp. 185-191.
CRIMINAL LAW
KRASKOVSKIY Yan Eduardovich
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty, Penza State University
NUYKINA Kseniya Ivanovna
student of the 3rd course, Institute of Law, Penza State University
ON THE NEED TO REFORM ARTICLE 154 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The article discusses the problems of legislative regulation of Article 154 of the Criminal Code of the Russian Federation. During the analysis of the provisions of the Criminal Code of the Russian Federation of scientific literature and judicial practice, shortcomings of regulatory regulation were identified that have a negative impact on the quality of the corpus delicti. It is shown that illegal adoption is not a common phenomenon. The author considers the main problems, as well as offers recommendations for their correction.
Keywords: illegal adoption, criminal liability, crimes against the family and minors.
Article bibliographic list
1. Abramova S. R. Features of initiation of criminal cases and typical investigative situations of the initial stage of investigation of illegal adoption // Legal state: theory and practice. – 2018. – No. 1 (51). – P. 133-138.
2. Glushkov A. I. Problems of proving corruption crimes in criminal cases of illegal adoption (adoption) // Science and School. – 2015. – No. 6. – P. 18-21.
3. Pudovochkin Yu. E. Responsibility for crimes against minors under Russian criminal law. – St. Petersburg: Piter, 2011. – 377 p.
4. Filippov P. A. Lectures on crimes against the family and minors: a tutorial. – Moscow: Prospect, 2019. – 296 p. – ISBN 978-5-392-29733-7.
CRIMINAL LAW
LAVRINOV Vyacheslav Viktorovich
Ph.D. in Law, associate professor, Head of Criminal law, criminology and criminal process sub-faculty, Rostov branch, St. Petersburg Academy of the Investigative Committee of the Russian Federation, associate professor of Criminal law disciplines sub-faculty, Rostov branch, Russian Customs Academy, colonel of justice
PROBLEMATIC ISSUES OF DETERMINING THE SUBJECT OF CONTRABAND IN THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF ARMENIA
The article discusses the issues of comparative characteristics of criminal liability for customs crimes in the legislation of the Russian Federation and the Republic of Armenia. Despite the existence of common customs legislation, the criminal law norms of Armenia and Russia providing for responsibility for smuggling have significant differences related to the definition of the contraband item, which requires further measures aimed at their unification. The author proposes to take measures to improve the criminal legislation of these two EAEU member states in terms of determining the subject of various types of contraband.
Keywords: Criminal Code of the Republic of Armenia, customs crimes, crimes against public safety, the object of the crime, smuggling, cultural property, customs border, illegal movement, customs legislation.
CRIMINAL LAW
LEVANDOVSKAYA Mariya Gennadjevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMS OF THE RELATIONSHIP BETWEEN MERCENARISM AND ACTS PROHIBITED BY ARTICLE 208 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION.
The article examines the criminal-legal characteristics of mercenarism as a crime against peace and security of mankind. International legal and national approaches to the definition of the concept of “mercenary” are analyzed. Objective and subjective features of the crime provided for in Article 359 of the Criminal Code of the Russian Federation are studied. Particular attention is paid to the issues of distinguishing mercenarism from related crimes, in particular, with the organization of an illegal armed formation and participation in it (Article 208 of the Criminal Code of the Russian Federation). Problematic aspects of the qualification of these crimes in aggregate are considered.
Keywords: mercenarism, mercenary, armed conflict, military actions, illegal armed formation, criminal liability, qualification of crimes, international humanitarian law, national security, recruitment of mercenaries.
Article bibliography
1. Avdeev V. A., Avdeeva O. A. Legal mechanism for ensuring public security in the context of national threats associated with criminal arms trafficking // Russian Justice. – 2019. – No. 5. – P. 44-46.
2. Valova P. A. Legal basis for the establishment of military investigative bodies // Regulation of legal relations: problems of theory and practice: Collection of articles of the XXI annual international student scientific and practical conference, Moscow, March 31 – 01 2022. Volume Part 2. – Moscow: Russian State University of Justice, 2023. – P. 695-701.
3. Vladimirov R. V. On the issue of grave consequences in the form of significant material damage in official crimes // Public law today. – 2023. – No. 1 (15). – P. 94-102. – DOI 10.24411/2541-8440-2023-1-0008.
4. Kokambo Yu. D., Skorobogatova O. V., Kuznetsova K. E. Mercenary activities and private military companies in the context of modern international and Russian law // Bulletin of Amur State University. Series: Humanities. – 2019. – No. 86. – P. 46.
5. Kutin P. M., Nalivaiko V. O., Mozgovoy O. A. The problem of unsettled legal relations arising in armed conflicts // Wartime legislation: lessons of the past and modern challenges: Collection of scientific articles, Moscow, November 19, 2021. – Moscow: Russian State University of Justice, 2022. – P. 190-201.
6. Khlebushkin A. G. Going over to the enemy’s side and participating in military operations on the territory of a foreign state for purposes contrary to the interests of the Russian Federation: qualification issues // Criminal Law. – 2022. – No. 12 (148). – P. 48-57. – DOI 10.52390/20715870_2022_12_48.
CRIMINAL LAW
NAGIBIN Viktor Leonidovich
senior lecturer of Criminal, penal law and the organization of the execution of punishments not related to the isolation of convicts from the society sub-faculty, Perm Institute of the FPS of Russia
IMPROVEMENT OF MEASURES OF CRIMINAL LEGAL IMPACT APPLIED TO CONVICTS WITH DRUG AND ALCOHOL DEPENDENCE
The article deals with problematic aspects related to the issues of legal regulation and the content of criminal law measures applied to convicts with drug and alcohol dependence. The effectiveness of the application of deferred punishment in relation to convicts with drug addiction is questioned, and taking into account the possibility of implementing its provisions within the framework of a suspended sentence and Article 72.1 of the Criminal Code of the Russian Federation, the expediency of the legislative provision for postponement of punishment is disputed. The lack of legal consolidation of the concepts of “A convict is considered to be evading treatment, rehabilitation”, “A convict is recognized as maliciously evading treatment, rehabilitation”, effective responsibility of convicts for evading (refusing) treatment and rehabilitation, indicates insufficient regulatory support for the process of fulfilling duties and is a gap in legislation. Other problems are raised that arise when applying criminal law measures applied to convicts who have addiction.
Keywords: criminal punishment, criminal enforcement inspections, measures of a criminal legal nature, drug addiction, dependence.
Bibliographic list of articles
1. Kurchenko V. N. Problems of application of new anti-drug legislation encouraging to get rid of drug addiction // Narkokontrol. – 2014. – No. 4 (37). – P. 3-8.
2. Nagibin V. L. On the activities of the UII at the present stage // 25-year experience of application of the criminal and criminal-executive codes of the Russian Federation: problems and development prospects. Collection of materials of the round table within the framework of the XII Perm Congress of legal scholars. Comp. A. I. Sogrina. – Perm, 2022. – P. 79-82.
3. Nagibin V. L. Execution of punishments and measures of criminal-legal nature, alternative to imprisonment, in relation to convicts, sick with drug addiction // Study guide. Perm Institute of the Federal Penitentiary Service. – Perm, 2022. – 34 p.
4. Yakovleva A. A. Application of criminal-law measures for the treatment of socially significant diseases: the right or obligation of the court // Penitentiary science. – 2020. – No. 14 (2). – P. 214.
CRIMINAL LAW
RUBANOV Vladimir Alexandrovich
senior lecturer of Operational search activities and special equipment sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
MARKOV Alexander Ivanovich
Ph.D. in Law, associate professor, associate professor of Forensic science and forensics sub-faculty, Rostov State Economic University (RINE)
THE HISTORICAL FORMATION OF RUSSIAN CRIMINAL LAW ON MURDERS
The authors analyzed various time historical stages of the development of the Russian state, starting with the existence of Kievan Rus, from 911, when the Treaty with Ancient Greece was signed by Prince Oleg, in which there is a reference to blood feud. Then they underwent a legal analysis of the norms establishing for the murder of the 12th, 15th, 16th, 17th, 18th and 19th centuries. And also studied the norms of the Criminal Code of the RSFSR 1922, 1926 and 1960. The authors conclude that attention to the encroachment on human life is not at all accidental, since life is an inalienable right of every individual. At the same time, criminal liability for murder was provided at all times.
Keywords: murder, history, criminal legislation, Cathedral Code, Article Military, Criminal Code of the RSFSR.
Article bibliography
1. Chernevich K. A. Criminal liability for murder // Molodist. Intellect. Initiative: Materials of the XII International scientific and practical conference of students and graduate students. In 2 volumes, Vitebsk, April 26, 2024. – Vitebsk: Vitebsk State University named after P. M. Masherov, 2024.
2. Suturin M. A. Criminal-legal characteristics of murder (Part 1 of Article 105 of the Criminal Code of the Russian Federation) // Scientific Almanac of the France-Kazakhstan Association. – 2024. – № 1.
3. Vambolt D. O. Criminal liability for murder in pre-revolutionary legislation // Youth scientific forum: collection of articles based on the materials of the CCXXXIII student international scientific and practical conference, Moscow, January 10, 2024. – Moscow: Limited Liability Company “International Center for Science and Education”, 2024.
CRIMINAL LAW
DOLGUSHINA Lyubov Viktorovna
Ph.D. in chemical sciences, associate professor, Head of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
STUPINA Svetlana Alexandrovna
Ph.D. in Law, associate professor, associate professor of Forensic science sub-faculty, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
HOOLIGANISM COMMITTED WITH THE THREAT OF VIOLENCE
The article discusses the issues of establishing such a crime under paragraph “a” of Part 1 of Article 213 of the Criminal Code of the Russian Federation as the threat of violence in the course of a gross violation of public order, expressing clear disrespect for society. Taking into account the relevant explanations of the Plenum of the Supreme Court of the Russian Federation on the qualification of hooliganism, an analysis of both the signs of establishing mental violence and its substantive component has been carried out, and attention has been paid to the study of such a threat addressee as an indefinite circle of persons.
Keywords: hooliganism, violence, threat of violence, indefinite circle of persons, statements, other actions as a threat.
Article bibliographic list
1. Remizov M. V., Kaplin M. N. Expansion of the limits of the main composition of hooliganism (Part 1 of Article 213 of the Criminal Code of the Russian Federation): new issues of qualification and legislative technique // Actual problems of criminal law at the present stage (issues of differentiation of responsibility and legislative technique). – 2022. – No. 11. – P. 40-51.
2. Yakovenko E. V. Problematic aspects of pthe concept of “an indefinite circle of persons” in civil proceedings // International Journal of Humanities and Natural Sciences. – 2022. – No. 9-1 (72). – P. 261-264.
3. Rarog A. I. On the mandatory nature of explanations of the Plenum of the Supreme Court of the Russian Federation // Actual problems of Russian law. – 2024. – Vol. 19, No. 5 (162). – P. 104-112.
CRIMINAL LAW
SYPCHENKO Alla Viktorovna
Ph.D. in historical sciences, professor of professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
OTROSHCHENKO Karina Dmitrievna
magister student of the 2nd course, Samara Law Institute of the FPS of Russia
MEASURES TO PREVENT ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES AT THE FEDERAL AND REGIONAL LEVELS
The authors of the article focus on the most effective measures for the prevention and prevention of illicit trafficking in narcotic drugs and psychotropic substances both at the level of the Russian Federation and at the level of the subject of the Russian Federation – the Samara region. The analysis of drug crime at the present stage of development of the Russian society is carried out. The study is based on statistical data from the Ministry of Internal Affairs of Russia and public opinion monitoring. It is emphasized that the problem under consideration remains quite acute.
The authors summarized the main provisions of the study and concluded that the analysis of the current drug crime shows that state authorities, state authorities of the subjects of the federation, local governments, law enforcement agencies and other entities are taking measures to prevent this type of crime at the early stages, but, as can be seen in practice, the most effective interaction, as well as greater involvement of citizens in facilitating the activities of authorities in the growth of drug crime. Monitoring of public opinion shows that almost 90% of respondents consider the problem of drug addiction to be relevant for the Samara region. The level of public awareness to strengthen measures aimed at combating drug addiction and drug distribution can be defined as quite high.
Keywords: narcotic drugs, psychotropic substances, illicit trafficking, preventive measures, preventive measures, combating the spread of drugs.
Article bibliography
1. Crime prevention. [Electronic resource]. – Access mode: https://stavf.krdu.mvd.rf/upload/site122/document_file/Lekciya_7 (7) (date of access: 18.04.2024).
2. Brief characteristics of the state of crime in the Russian Federation for January – February 2024. [Electronic resource]. – Access mode: https://мвд.рф/reports/item/48913905 / (date of access: 18.04.2024).
3. Prevention of crimes in the sphere of illegal trafficking of narcotic drugs, psychotropic substances and their analogues. [Electronic resource]. – Access mode: https://грязи.48.мвд.рф/новости/news/item/29417158/ (date of access: 18.04.2024).
On narcotic drugs and psychotropic substances: federal law (adopted on January 08, 1998 No. 3-FZ; as amended and supplemented on April 28, 2023 No. 169-FZ) // Rossiyskaya Gazeta. 1998. January 15.
4. On approval of the state program of the Samara region “Combating illegal drug trafficking, preventing drug addiction, treating and rehabilitating drug addicts in the Samara region” for 2014-2025: Resolution of the Government of the Samara Region (adopted on November 29, 2013, No. 710; as amended and supplemented on December 7, 2021, No. 1017) // Rossiyskaya Gazeta. 2013. November 29.
CRIMINAL LAW
TAOVA Liliya Yurjevna
Ph.D. in Law, associate professor of Special disciplines sub-faculty, North Caucasus Institute (branch), Krasnodar University of the MIA of Russia
KOZARENKO Yuliya Igorevna
Ph.D. in Law, associate professor of Criminal law sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
SOCIALLY DANGEROUS ACT IN THE FORM OF INACTION – PROBLEMS OF QUALIFICATION
The article discusses a socially dangerous act in the form of inaction, problems of qualification. It is shown on a specific example the commission of a crime in the form of inaction, difficulties in assessing inaction. The author also determined the expediency of supplementing some of the constitutions of the Special Part of the Criminal Code of the Russian Federation, providing for the commission of a crime in the form of inaction, indicating the absence of valid reasons.
Keywords: action, behavior, obligation, valid reasons, qualification.
Bibliographic list of articles
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 02.10.2024) // Collected Legislation of the Russian Federation. – 17.06.1996. – No. 25. – Art. 2954.
2. Alikperov Kh. D. Problems of the concept of “socially dangerous act” // Criminal law: development strategy in the 21st century. – 2024. – No. 1. – P. 13-25.
3. Bolotov V. V. Inaction as a form of criminal behavior // Russian-Asian Legal Journal. – 2020. – No. 1.2 – P. 6-10.
4. Cassation ruling of the Third Cassation Court of General Jurisdiction dated July 14, 2022 in case No. 77-1949/2022. [Electronic resource]. – Access mode: https://xn--90afdbaav0bd1afy6eub5d.xn--p1ai/69169639 (accessed: 04.11.2024).
CRIMINAL LAW
TROFIMTSEVA Svetlana Yurjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Security and information technologies sub-faculty, National Research University “Moscow Power Engineering Institute”
FEATURES OF CRIMINALIZATION OF UNLAWFUL INFLUENCE ON COMPUTER INFORMATION OF CRITICAL INFRASTRUCTURE FACILITIES IN THE NATIONAL LAW OF RUSSIA AND CERTAIN FOREIGN STATES
The article analyzes issues related to the specifics of criminal-legal counteraction to cyber-attacks aimed at computer information of information systems, telecommunication networks of critical infrastructure facilities in Italy, Poland, Finland, Germany in connection with the adoption of resolutions by the UN Security Council, OSCE and EU directives (ECI, CER, NIS, NIS-2). A comparative analysis of articles of criminal laws of these states that criminalized illegal attacks on computer data of IT systems of critical infrastructure facilities and the disposition of Part 2 of Article 274.1 of the Criminal Code of the Russian Federation is carried out. It is proposed to modify the disposition of Part 2 of Article 274.1 of the Criminal Code of the Russian Federation by specifying the material consequences of cyber-attacks on a critical infrastructure facility in the form of disruption or termination of the functioning of a critical infrastructure facility, which may entail a threat to public safety and public order, national, economic security, life, human health.
Keywords: cybercrime, critical infrastructure, critical information infrastructure, computer information, crimes against computer information of critical infrastructure facilities.
Article bibliography
1. UN. Report of the Secretary-General “Countering the use of information and communications technologies for criminal purposes” to the 74th session of the General Assembly, 30.07.2019 // Official website of the UN. [Electronic resource]. – Available at: https://documents.un.org/doc/undoc/gen/v19/081/84/pdf/v1908184.pdf?token=BUS806FEBw26O67BtZ&fe=true (accessed: 13.06.2024).
CRIMINAL LAW
UNTEROV Vladimir Anatoljevich
Ph.D. in Law, Associate professor of Administrative and legal disciplines sub-faculty, Samara Law Institute of the FPS of Russia
CHARACTERISTICS OF THE LEVEL OF VIOLENT CRIMES COMMITTED BY CONVICTS IN CORRECTIONAL INSTITUTIONS
The article examines the quantitative indicators of crime against life and health committed by convicts in places of deprivation of liberty. In particular, their dynamics are studied by types of correctional institutions per ten thousand convicts. The author concludes that correctional colonies are the most criminogenic institution, where there is an increase in the level of violent crime against the background of a decrease in the crimes under consideration in absolute numbers. For other types of correctional institutions, there is also an ambiguous dynamics, which confirms the fact of a high level of violent penitentiary crime. Thus, the author comes to the conclusion that the state of crime against life and health in penitentiary institutions for more than fifteen years has been characterized by the most negative dynamics in correctional and educational colonies. In other categories of correctional institutions, there are periods of growth and decline with relative stability of statistical criminological indicators.
Keywords: violent crime, life, health, convict, crime rate, correctional institution.
Article bibliography
1. 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).
2. Report on the state of crime among persons held in penal institutions for December 2022 (form 2-UIS).
3. Prevention of criminal subculture among juvenile convicts, suspects, accused: method. rec. / V. M. Pozdnyakov andetc. – Tver, 2023. – P. 214.
CRIMINAL LAW
CHOCHUEVA Zulfiya Azretalievna
Ph.D. in Law, associate professor, Head of Criminal law and process sub-faculty, North Caucasus State Academy, Cherkessk
KAPPUSHEVA Khalimat Romazanovna
assistant to the Rector, North Caucasus State Academy, Cherkessk
SUBJECTIVE SIGNS OF CRIMES IN THE FIELD OF ILLEGAL CIRCULATION OF MEDICINES
The article analyzes the subjective signs of crimes related to illicit drug trafficking. According to the authors, the study of subjective signs of crimes in the field of illicit drug trafficking is a key element for a correct and fair criminal legal assessment of the illegal actions committed and the effective application of criminal liability measures. We believe that the illegal circulation of medicines is a complex problem that requires in-depth analysis, both from the point of view of legal liability and social consequences. This area of crime is characterized by high dynamism, the constant emergence of new forms and methods, which requires constant improvement of law enforcement practice.
Keywords: medicines, punishment, treatment, crime, responsibility, falsification, public danger, criminal consequences.
Bibliographic list of articles
1. Veklenko S.V., Bavsun M.V. Subjective side of crime: textbook. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia, 2006. – 104 p.
2. Dagel P. S., Kotov D. P. Subjective side of the crime and its establishment. – Voronezh, 1974. – 243 p.
3. Derevyanskaya T. P. Motive and purpose as signs of the subjective side of crimes related to the illegal circulation of drugs, medical devices and biologically active additives // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – Simferopol, 2018. – P. 181-186.
4. Derevyanskaya T. P. Criminal liability for illegal circulation of drugs and medical devices: dis. … Cand. of Law. – Omsk, 2015. – 191 p.
5. Derevyanskaya T. P., Yushina Yu. V., Rudik M. V. Counterfeit, poor-quality and falsified medicines as the subject of crimes under Art. 238 of the Criminal Code of the Russian Federation // Eurasian Law Journal. – 2018. – P. 242-244.
6. Ilikbaeva E. S. Circulation of counterfeit, poor-quality and unregistered medicines, medical devices and turnover of counterfeit dietary supplements: issues of criminalization, differentiation, liability and penalization: dis. … candidate of legal sciences. – Krasnodar, 2019. – 234 p.
7. Leykina N. S. Personality of the offender and criminal liability. – L., 1968. – 129 p.
8. Rarog A. I. Qualification of crimes by subjective features. – SPb., 2002. – 279 p.
9. Rarog A. I. Concept and essence of the feature “use of official position” in Russian criminal law // Jurist-Pravoved. – 2007. – No. 6. – P. 249.
10. Russian criminal law. General part: textbook for universities / Ed. V. P. Konyakhin and M. L. Prokhorova, 2016. – 560 p.
11. Ryasov A. V. Concept and essence of the feature “use of official position” in Russian criminal law // Jurist-Pravoved. – 2007. – No. 6.
12. Savrasov L. A. Motive for Murder. – M., 1998. – P. 92.
13. Criminal Law of Russia. General and Special Parts: textbook / edited by A. I. Rarog. 6th ed., revised and enlarged. – M., 2008. – 560 p.
14. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 25.12.2023) // Rossiyskaya Gazeta. – № 113, 18.06.1996 @@ № 114, 19.06.1996 @@ № 115, 20.06.1996 @@ № 118, 25.06.1996.
15. Shargorodsky M.D. Guilt and Punishment in Soviet Criminal Law. – M., 1945. – 56 p.
CRIMINAL LAW
GITINOVA Madinat Makhmudovna
Ph.D. in Law, associate professor of Criminal law sub-faculty, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MIRZAEV Said Magomedovich
magister student, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
THE IMPORTANCE OF JUDICIAL AND DOCTRINAL INTERPRETATION OF CRIMINAL LAW
The article examines the role of interpretation of criminal law in law enforcement, emphasizing its importance as a tool of legal technology. The influence of the Supreme Court of the Russian Federation on the development of various areas of law is analyzed through reviews of law enforcement practice and the formation of doctrinal positions. The imperfection of the legislative framework is pointed out, leading to the need to use doctrinal interpretation to resolve legal conflicts. The complexity of defining the term “legal document”rine” and the variety of approaches to understanding it, as well as the role of scientific views in the formation of judicial practice are discussed. The importance of scientific doctrine is considered as fundamental for the development of law enforcement practice, emphasizing the freedom of scientific research of judges of the Supreme Court of the Russian Federation and the influence of scientific developments on the formation of legal thinking. The differences between the authority of scientific thought and official interpretation of the law are examined, as well as the role of scientific independence in the judicial system. The article emphasizes that scientific research serves as the basis for the formulation of law enforcement practice and sets the direction for the development of official interpretation of law.
Keywords: interpretation, doctrine, judicial interpretation, Supreme Court, legal position, interpretation, gaps, conflicts, meaning.
Bibliographic list of articles
1. Lazarev V.V. On the role of doctrinal interpretation of law // Soviet justice. 1969. —№ 14. — P. 14-15.
2. Lebedev V. M. Formation and development of the judiciary in the Russian Federation. —Moscow, 2000. — 368 p.
3. Malko A. V., Gaivoronskaya Ya. V. Doctrinal acts as the main instrument of legal policy // Law. Journal of the Higher School of Economics. — 2018. — No. 1. — P. 13.
4. Polyansky D. A., Puzikov R. V. Legal doctrine as a special legal phenomenon. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovaya-doktrina-kak-osoboe-pravovoe-yavlenie.
5. Khabrieva T. Ya., Lazarev V. V., Gabov A. V. [et al.]. Judicial practice in the modern legal system of Russia: monograph / Ed. T. Ya. Khabrieva, V. V. Lazarev. – Moscow: Institute of Legislation and Comparative Law under the Government of the Russian Federation: Norma: INFRA-M, 2020. – 432 p. – ISBN 978-5-91768-835-0. – Text: electronic. [Electronic resource]. – Access mode: https://znanium.ru/catalog/product/1085677 (date of access: 06.12.2024).
6. Chernogor N. N. Life and creative legacy of Professor Anatoly Borisovich Vengerov / N. N. Chernogor, M. V. Zaloilo // Journal of Russian Law. – 2022. – Vol. 26, No. 10. – Pp. 150-173. – DOI 10.12737/jrl.2022.112. – EDN QKTTXV.
7. Shargorodsky M. D. [Comp. and foreword by B. V. Volzhenkina]; Assoc. Legal Center. – St. Petersburg: Legal. Center Press, 2004. – 655 p.
CRIMINAL LAW
GRIGORYAN Albert Alikovich
postgraduate student, North Caucasus Social Institute
BOUNDARIES OF CRIMINAL BEHAVIOR IN MEDICAL-BIOLOGICAL RESEARCH
The article states that the development of medical (biomedical) knowledge is one of the main trends of the Fourth Scientific and Technological Revolution. However, it is precisely this knowledge that carries significant criminal risks associated with potential cloning of humans (their organs and tissues), the development of transplantology, and reproductive medicine. For this reason, a legal response to abuses that are potentially permissible in the field of medical and biological research is already needed. The author proposes to establish the boundaries of criminal behavior in medical and biological research (experiments).
Keywords: criminal liability, criminal risk, medical-biological research, experiment.
Article bibliography
1. Yanitsky O. N. The Fourth Scientific and Technological Revolution and Deep Changes in Globalization Processes // Bulletin of the Institute of Sociology. – 2017. – No. 21. – P. 13-34.
2. Rose N. The Politics of Life Itself: Biomedicine, Power, and Subjectivity in the Twenty-First Century. – Princeton University Press, 2007. – 352 RUR
CRIMINAL LAW
DZONIK Elena Vitaljevna
adjunct, Saint Petersburg University of the MIA of Russia
CRIMINAL AND LEGAL CHARACTERISTICS OF CRIMES IN THE SPHERE OF CIRCULATION OF FALSIFIED, SUBSTANDARD, UNREGISTERED MEDICINES AND MEDICAL DEVICES
The increase in the production and distribution of counterfeit, substandard, unregistered medicines and medical devices poses serious threats to the health of citizens and undermines confidence in the healthcare system. The modern pharmaceutical market is characterized by insufficient regulation, high demand for products and the availability of online services, which exacerbates the situation. Crimes in the field of drug circulation threaten public safety and public health, which requires the creation of a unified criminal law institution to counter these phenomena and ensure law and order in the pharmaceutical sector.
Keywords: counterfeit medicines, substandard medical products, criminal liability, quality control, protection of public health, object and subject of crime, public safety.
Article bibliography
1. Derevyanskaya T. P. Criminal liability for illegal circulation of medicines and medical devices: Abstract of Cand. Sci. (Law) Diss. – Omsk, 2015. – P. 12.
2. Ilikbaeva E. S. Circulation of counterfeit, poor-quality and unregistered medicines, medical devices and circulation of counterfeit dietary supplements: issues of criminalization, differentiation of responsibility and penalization. Cand. Sci. (Law) Diss. – Krasnodar. 2019. – P. 120.
3. Ostapenko O. I. Issues of improving criminal liability for crimes in the field of illegal circulation of medicines and medical devices // Problems of Economics and Legal Practice. – 2020. – Vol. 16, No. 5. – P. 287.
4. Rarog AI Illegal production of medicines and medical devices (Article 235.1 of the Criminal Code of the Russian Federation) // All-Russian Criminological Journal. – 2018. – No. 6. – P. 845-855.
5. Rarog AI, Bimbinov AA Contents of criminal circulation of inappropriate medical products // Bulletin of St. Petersburg University. Law. – 2019. – Vol. 10, No. 2. – P. 253.
6. Soloviev OG Technical and legal aspects of the normative consolidation of the signs of the objective side of the crime provided for in Art. 238.1 of the Criminal Code of the Russian Federation // Bulletin of the Yaroslavl State University named after P. G. Demidov. Humanitarian Sciences Series. – 2022. – V. 16, No. 3 (61). – P. 448.
7. Tretyakova E. I. Circulation of counterfeit medicines: criminal-legal and criminological problems of counteraction: Dis. … Cand. of Law. – Irkutsk, 2016. – P. 13.
8. Firsov I. V. Illegal circulation of medical products: criminal-legal research: Dis. … Cand. of Law: 12.00.08. – Moscow, 2017.
9. Firsov I. V. Objective signs of illegal production of medicines and medical devices (Article 235.1 of the Criminal Code of the Russian Federation) // Actual problems of Russian law. – 2016. – No. 5 (66). – P. 125.
10. Erokhina A. V. Criminal-legal and criminological measures to combat the production and circulation of counterfeit drugs / A. V. Erokhina, V. D. Larichev. – M.: Yurlitinform, 2013. – P. 64-67.
11. Kozaev N. Sh. Changes in criminal policy in the field of combating abuses in the pharmaceutical market // Russian investigator. – 2015. – No. 24. – P. 26-29.
CRIMINAL LAW
LYSENKO Rodion Viktorovich
postgraduate student, North Caucasus Social Institute, Cherkessk
ON THE PROSPECTS OF RECOGNIZING A CARRIER OF ARTIFICIAL INTELLIGENCE AS A SUBJECT OF CRIMINAL LEGAL RELATIONS
The article emphasizes that artificial intelligence is becoming increasingly important in various spheres of society. Initially, issues related to the development of the concept of “artificial intelligence”, its role and place in human civilization were developed in the doctrine of civil law. Therefore, the main basis for the potential recognition of carriers of artificial intelligence as a party to criminal legal relations is the determination of the status of its “positive” (civil) legal personality.
Keywords: artificial intelligence, criminal legal relationship, criminal liability, legal personality.
Article bibliography
1. Begishev I. R. Criminal-legal protection of public relations related to robotics: author’s abstract. diss. … doctor of law. – Kazan: Kazan (Volga Region) Federal University, 2022. – 55 p.
2. Begishev I. R., Khisamova Z. I. Artificial intelligence and criminal law. – M.: Prospect, 2021. – 192 p.
3. Kibalnik A. G., Volosyuk P. V. Artificial Intelligence: Issues of Criminal Law Doctrine Awaiting Answers // Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 4. – P. 173-178.
4. Morhat P. M. Legal Capacity of Artificial Intelligence in the Sphere of Intellectual Property Law: Civil Law Issues: Abstract of Dis. Doctor of Law. – M.: Russian State Academy of Intellectual Property, 2018. – 48 p.
5. Mosechkin I. N. Artificial Intelligence in Criminal Law: Prospects for Improving Protection and Regulation. – Kirov: Vyatka State University, 2020. – 111 p.
6. Ponomareva E. V. Subjects and quasi-subjects of law: theoretical and legal problems of delimitation: author’s abstract. dis. … candidate of legal sciences. – Yekaterinburg: Ural State Law University, 2019. – 32 p.
7. Russkevich E. A. Differentiation of responsibility for crimes committed with the use of information and telecommunication technologies, and problems of their qualification: author’s abstract. dis. … doctor of legal sciences. – Moscow: Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot, 2020. – 52 p.
CRIMINAL LAW
MAMEDOV Tamiz Saleh oglu
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
ANALYSIS OF THE CORPUS DELICTI FOR NON-COMPLIANCE WITH SAFETY REGULATIONS DURING THE CONSTRUCTION OR DEMOLITION OF BUILDINGS (STRUCTURES) IN THE CRIMINAL LAW OF THE REPUBLIC OF AZERBAIJAN (REVIEW OF ARTICLE 222 OF THE CRIMINAL CODE OF THE REPUBLIC OF AZERBAIJAN)
The article analyzes the elements of the crime provided for in Article 222 of the Criminal Code of the Republic of Azerbaijan, concerning violations of safety rules during the construction or demolition of buildings. The study focuses on the importance of the construction sector in the economy of Azerbaijan and emphasizes the need to improve the legislative framework to ensure the safety of all participants in the construction process. The main elements of the elements of the crime and the measures of responsibility provided for violation of safety standards are considered, and shortcomings in the current legislation, such as the lack of financial sanctions and insufficient detailing of control mechanisms, are identified. The results of the study emphasize the need for an integrated approach to improving law enforcement practices and increasing safety at construction sites in order to minimize risks to the lives and health of workers.
Keywords: construction safety, elements of a crime, legal regulation, safety standards, construction sector, criminal liability, legislative gaps, law enforcement practice.
Article bibliography
1. State Statistical Committee of the Republic of Azerbaijan // Answer No. 3-34 / 2-459 / 02-2 / 2024.
2. Urban Planning and Construction Code of the Republic of Azerbaijan (Approved by the Law of the Republic of Azerbaijan dated June 29, 2012 No. 392-IVQ).
3. Civil Code of the Republic of Azerbaijan (approved by the Law of the Republic of Azerbaijan dated December 28, 1999 No. 779-IQ).
4. Kardanov R. N., Grabovoi K. P. Analysis of the causes of industrial injuries // Problemy Nauki. – 2017. – No. 22 (104). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/analiz-prichin-proizvodstvennogo-travmatizma (date of access: 20.12.2024).
5. Interstate Statistical Committee of the Commonwealth of Independent States. – [Electronic resource]. – Access mode: https://new.cisstat.org/azerbaijan (date of access: 12.12.2024).
6. Model Criminal Code. Recommended legislation for the Commonwealth of Independent States (as amended on November 16, 2006).
7. Legal system of Azerbaijan: Islamic traditions, European path. – [Electronic resource]. – Access mode: https://vestikavkaza.ru/analytics/pravovaya-sistema-azerbaydzhana-islamskie-traditsii-evropeyskiy-put.html // (date accessed: 12/15/2024).
8. Criminal Code of the Republic of Azerbaijan (Approved by the Law of the Republic of Azerbaijan dated December 30, 1999 No. 787-IQ) (Entered into force on September 1, 2000 in accordance with the Law of the Republic of Azerbaijan dated May 26, 2000 No. 886-IQ).
9. Criminal Code of the Republic of Azerbaijan (approved by the Law of the Republic of Azerbaijan dated December 30, 1999 No. 787-IQ).
10. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on 13.12.2024).
CRIMINAL LAW
PICHUGIN Sergey Andreevich
Ph.D. in Law, associate professor, associate professor of Criminal law and criminology sub-faculty, Faculty of Law, Vladimir Law Institute of the FPS of Russia
CRIMINAL LIABILITY FOR CREATION OF NON-PROFIT ORGANIZATIONS THAT INFRINGE ON THE PERSONALITY AND RIGHTS OF CITIZENS (ARTICLE 239 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): REGULATION AND LAW ENFORCEMENT
The relevance of the article is determined by the high degree of threat to the health of Russian citizens and modern Russian society emanating from various kinds of destructive religious or public associations. The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 239 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which establishes responsibility for the creation of a non‒profit organization that encroaches on the rights and freedoms of citizens, and the practice of its application. 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, including differentiation from other compositions, are considered. Examples from judicial practice of the application of art. 239 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: creation of a non-profit organization that encroaches on the rights and freedoms of citizens; religious association; public association; crime, the Criminal Code of the Russian Federation.
Article bibliography
1. Vorobyov V. V. Criminal-legal counteraction to crimes in the sphere of functioning of non-profit organizations: dis. … candidate of legal sciences. – Krasnodar, 2014. – 177 p.
2. Demidov A. V. Religious organizations of a destructive nature and the specifics of preventing their criminal activity by internal affairs bodies: dis. … candidate of legal sciences. – Moscow, 2010. – 246 p.
3. Dimitrova E. A. Criminal liability for organizing a religious association that infringes on the personality and rights of citizens: dis. … cand. jurid. sciences. – Krasnoyarsk, 2004. – 188 p.
4. Ermakova O. B. Organization of an association that infringes on the personality and rights of citizens: criminal-legal and criminological aspects: dis. … cand. sciences. – Rostov-on-Don, 2011. – 166 p.
5. Pilyavets V. V. Criminal liability for organizing and participating in associations that infringe on the personality and rights of citizens: dis. … cand. sciences. – Moscow, 1998. – 190 p.
6. Biremova A. A. Features of the object of criminal-legal protection as part of a crime under Article 239 of the Criminal Code of the Russian Federation // Modern law. – 2012. – No. 6. – P. 110-112.
7. Vorobyov V. V. Incitement to refuse to fulfill civic duties or to commit other illegal acts: criminal-legal significance in the crime provided for in Part 2 of Article 239 of the Criminal Code of the Russian Federation // Society and Law. – 2014. – No. 3 (49). – P. 340-343.
8. Mondokhonov A. Criminal liability for organizing an association that infringes on the personality and rights of citizens // Criminal law. – 2009. – No. 6. – P. 29-34.
9. Karpacheva T. S. The phenomenon of an organization that infringes on the personality and rights of citizens: general features (based on judicial practice) // Bulletin of the Moscow State Regional University. Series: Jurisprudence. – 2020. – No. 4. – P. 79-94.
10. Shalagin A. E., Idiyatullov A. D. Counteracting the Activities of Destructive Criminal-Oriented Organizations (Sects) That Infringe on the Personality and Rights of Citizens // International Journal of Humanities and Natural Sciences. – 2019. – No. 12-4 (39). – P. 169-174.
11. Shalagin A. E., Sidukova M. G. Features of the Qualification of Crimes Provided for in Article 239 of the Criminal Code of the Russian Federation (Creation of a Non-Commercial Organization Infringing on the Personality and Rights of Citizens) // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2022. – Vol. 13, No. 3 (49). – P. 98-104.
12. Sharukha I. A. Problematic issues of criminal-legal counteraction to socially dangerous activities of non-profit organizations that infringe on the personality and rights of citizens // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 4. – P. 284-289.
13. Kosareva M. S. Problems of bringing to criminal liability for the creation of non-profit organizations that infringe on the personality and rights of citizens // Gavriil Romanovich Derzhavin – lawyer, statesman: a collection of scientific articles based on the results of the International scientific and practical conference dedicated to the 280th anniversary of the birth of Gavriil Romanovich Derzhavin. – Izhevsk, 2023. – P. 305-310.
14. Criminal law of the Russian Federation. Special section: textbook / I. V. Pikin, M. L. Prokhorova, N. A. Gorshkova [et al.]; edited by 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.
CRIMINAL LAW
RADCHENKO Anton Leonidovich
competitor, Academy of Law and Management of the FPS of Russia
FEATURES OF THE IMPLEMENTATION OF CRIMINAL LIABILITY FOR THE USE OF VIOLENCE AGAINST EMPLOYEES OF PLACES OF DEPRIVATION OF LIBERTY OR PLACES OF DETENTION
The article examines the problems of criminal law protection of employees of places of deprivation of liberty or detention from violence or the threat of its use in connection with the performance of official duties. Based on the materials of judicial practice, the specifics of the threat of the method of committing a crime are assessed. The current and original versions of Article 321 of the Criminal Code of the Russian Federation are compared and analyzed. The article substantiates the attribution of employees of places of deprivation of liberty or detention to representatives of the authorities and the need to improve the current criminal legislation.
Keywords: an employee of a place of deprivation of liberty, an employee of a place of detention, an employee of the penal enforcement system, violence, threat, a representative of the authorities, disorganization of the activities of institutions.
Article bibliography
1. Grishko A. Ya., Grishko N. A. Penitentiary recidivism: criminological and administrative-legal justification // Administrative law and process. – 2023. – No. 7. – P. 66-69.
2. Kazakova V. A. Problems of qualification of crimes against health: monograph. – M .: RUSAINS, 2018. – 436 p.
3. Karlov I. V. Main criminological indicators and trends of penitentiary crime // Russian Law Journal. – 2022. – No. 5.
4. Official website of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: https//мвд.рф/folder/101762 (date of access: 12/11/2024).
5. Ivantsov S. V., Drozdov D. E. Use of violence against a law enforcement official (domestic and foreign models of prevention): monograph. – Kaluga: KSU named after K. E. Tsiolkovsky, 2022. – 173 p.
CRIMINAL LAW
STEPAKOV Dmitriy Alexandrovich
adjunct, Faculty of Training Scientific and Scientific-Pedagogical Personnel, V. Ya. Kikot Moscow University of the MIA of Russia
ON THE ISSUE OF USING INFORMATION ABOUT A CRIME TREATED AT THE STAGE OF INITIATION OF A CRIMINAL CASE IN PROVING
The article examines the issues of the evidentiary value of information about a crime obtained at the stage of initiation of a criminal case, taking into account the availability of the investigator, in the case of an inquiry in an abbreviated form, the right not to interrogate persons from whom explanations were previously received. The question of the relationship between explanations and testimony is considered separately.
Keywords: stage of initiation of a criminal case, information about a crime, inquiry in an abbreviated form, assessment of evidence, subject of proof, interrogation, testimony, explanations.
Bibliographic list of articles
1. Grishin A. I. On the problem of proof in criminal cases with an abbreviated form of inquiry // Modern problems of criminalistics and forensic examination: Materials of the IV All-Russian scientific and practical conference, Saratov, March 23, 2016. Saratov: Publishing house “Saratovsky Istochnik”, 2017. Pp. 9-13.
2. Michurina O. V. Khimicheva O. V. Problems of assessing evidence during an abbreviated form of inquiry // Investigation of crimes: problems and ways of their solutions. 2016. No. 1 (11). P. 112-115.
3. Sumin A. A. Abbreviated inquiry: stillborn child of criminal procedure reformers // Advocate. 2013. No. 10. // SPS “Consultant Plus”: website. [Electronic resource]. – Access mode: http://www.consultant.ru
CRIMINAL PROCEEDINGS
BAYCHOROVA Fatima Khatokhovna
Ph.D. in Law, associate professor of the HAC, associate professor of Criminal law disciplines sub-faculty, Institute of Law, North Caucasus State Academy, Cherkessk, lawyer of the Karachay-Cherkess Republican Bar Association
TO THE QUESTION OF PROVING IN CRIMINAL PROCEEDINGS
The article deals with proving and evidence in domestic criminal proceedings. The relevance of the article lies in the fact that evidence in criminal proceedings has always caused lively discussions among scientists and practitioners. The work examines various scientific approaches to the definition of proof. A brief history of the formation of the domestic system of evidence is described, and types of evidence are determined, questions about the relationship of evidence and the purpose of proof are considered. Issues of competition and equality of the parties are touched upon. A brief description of the types of evidence is given.
Keywords: proving, evidence, collecting, checking, evaluation, testimony, interrogation, expert opinion, testimony of the victim, testimony of the suspect, testimony of the witness.
Bibliographic list of articles
1. Grigoriev V. N., Pobedkin A. V., Yashkin V. N. Criminal procedure: textbook. – M., 2005. – P. 45.
2. Grudinin I. A. Means of evidence in criminal proceedings: system, content, epistemological aspects: author’s abstract. dis. … candidate of legal sciences. – Ekaterinburg, 2012. – P. 21.
3. Lubin S. A. Formation of a system of incriminal evidence in criminal cases on crimes related to the illegal trafficking of narcotic drugs and psychotropic substances: author’s abstract. dis. …cand. legal Sci. – Nizhny Novgorod, 2006. – P. 4.
CRIMINAL PROCEDURE
BATCHAEVA Aminat Alkhazovna
senior lecturer, North Caucasus State Academy, Cherkessk
TYPES OF CONCILIATION PROCEDURES IN CRIMINAL PROCEEDINGS IN RUSSIA
At present, in the Russian criminal procedure law, there is a wide introduction of conciliation procedures of various nature. Such practice, having a large number of positive procedural opportunities, can lead to the opposite result in the form of unjust procedural decisions. In order to objectify the assessment of conciliation procedures, the article provides a doctrinal analysis of their classification on the basis of various criteria. A detailed and scientifically grounded classification of conciliation procedures, in our opinion, is able to focus on the existing problems and conflicts in law enforcement practice, with a view to its further improvement.
Keywords: criminal proceedings, criminal process, conciliation procedures, cases of private prosecution, cases of private-public prosecution, cases of public prosecution.
Article bibliographic list
1. Batchaeva A. A. Mediation as a type of reconciliation in criminal cases // Transformation of law and law enforcement in the context of the development of digital technologies in Russia, the CIS countries and the European Union: problems of legislation and social efficiency: materials of the VIII International scientific and practical conference of teachers, practitioners, students, master’s students, postgraduate students, applicants: Collection of scientific articles / Edited by N. T. Razgeldeev et al. – Saratov: Saratov source, 2021. – P. 33-36.
2. The Head of the Supreme Court: proposes to introduce the concept of “criminal misdemeanor” into the law // Rossiyskaya Gazeta. – 2020. – October 13. – No. 231 (8285).
3. Kuvaldina Yu. V. Prerequisites and prospects for the development of compromise methods for resolving criminal-legal conflicts in Russia: author’s abstract. diss. candidate of legal sciences. – Samara, 2011. – P. 7.
4. Kulikov V. Up to 17% of criminal cases on minor crimes are terminated due to reconciliation of the parties // RG. – 2021. – April 12.
5. Piyuk A. V. Theoretical foundations of simplification of forms of resolution of criminal cases by the court in the Russian Federation: typological aspect: author’s abstract. diss. … doctor of legal sciences. – Tomsk, 2017. – P. 11.
6. Russian legislation of the 10th–20th centuries: in 9 volumes / Under the general editorship of O. I. Chistyakov. – M., 1984. – Vol. 1: Legislation of Ancient Rus. – P. 334.
CRIMINAL PROCEEDINGS
VNUKOVA Diana Rafikovna
Ph.D. in Law, associate professor of Criminal process sub-faculty, St. Petersburg University of the MIA of Russia
ON THE ISSUE OF BRINGING A PERSON AS AN ACCUSED
The article discusses the problematic aspects arising from involving a person as a defendant and identifies ways to resolve them. The author analyzes the essence and significance of the conditions, grounds, and procedure for involving a person as a defendant. Special attention is paid to the issues of the defendant exercise of their powers at the stage of the preliminary investigation. An analysis of the criminal procedural legislation regarding the involment of a person as a defendant is conducted.
Keywords: criminal procedure law, preliminary investigation, defendant, accusation, procedural action, judicial, proceedings.
Article bibliography
1. Efremova N. P., Kalnitsky V. V. Involvement as an accused: a teaching aid. – Omsk: Omsk Academy of the Ministry of Internal Affairs of Russia. 2015. – P. 5.
2. Course of criminal procedure / Ed. by D.Sc. (Law), prof. L. V. Golovko. – 2nd ed., corrected. – M.: Statut, 2017. – P. 438.
3. Tokareva E. V., Khorsheva V. S. Features of the prosecutor’s activities in the pre-trial stages of criminal proceedings in Russia // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (56). – P. 143.
CRIMINAL PROCEDURE
ISAIBOVA Sabrina Abukarovna
senior lecturer of Criminal process and criminalistics sub-faculty, Dagestan State University, Makhachkala
SYNERGY OF TECHNOLOGY AND LAW: THE PROSPECT OF USING ARTIFICIAL INTELLIGENCE IN THE CRIMINAL PROCESS OF RUSSIA
The article discusses the prospects for the use of artificial intelligence (AI) in the criminal process of Russia. The potential benefits of using AI to improve the effectiveness of law enforcement are analyzed, such as automation of routine tasks, analysis of big data and identification of hidden patterns. At the same time, the challenges and risks associated with the introduction of AI are discussed, including issues of transparency and explicability of decisions, respect for human rights and ethical dilemmas. The author explores the need to adapt criminal procedure legislation to the realities of the digital age and suggests possible ways to synthesize technological innovations and legal principles to build a fair and effective criminal justice system.
Keywords: artificial intelligence, digitalization of justice, big data, transparency, electronic justice.
Article bibliographiclist
1. The concept of development of machine-readable law technologies (approved by the Government Commission on Digital Development, Use of Information Technologies to Improve the Quality of Life and Conditions for Doing Business, Protocol dated September 15, 2021 No. 31) // SPS “ConsultantPlus”.
2. Mezentsev I. V. What is the electronic judge thinking? // Criminology: yesterday, today, tomorrow. – 2019. – No. 1. – P. 55.
3. Koni A. F. Criminal procedure: moral principles. – M .: Saratov State University, 2008. – P. 6.
4. Khimicheva O. V. Development of criminal procedural evidence in the context of digital transformation // State scientific and technical policy in the field of forensic support of law enforcement activities: Proceedings of the International scientific and practical conference: Collection of scientific articles. In 2 parts. Part 2. – M.: Academy of Management of the Ministry of Internal Affairs of the Russian Federation, 2023. – P. 189.
CRIMINAL PROCEDURE
KLISHIN Vladimir Valentinovich
senior lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
SPECIFICITY OF INVESTIGATION OF CRIMES IN THE FORM OF INQUIRY: IN GENERAL AND ABBREVIATED ORDER
The article examines the essence and forms of inquiry in the criminal process of the Russian Federation. Special attention is paid to the investigation of crimes in the form of an inquiry, which does not require lengthy and complex investigative actions. The article examines the features and disadvantages that give rise to certain procedural problems and conflicts in law enforcement practice. Solving problems requiring improvement of legislation, including by clarifying the norms of the Code of Criminal Procedure of the Russian Federation.
Keywords: investigation of crimes, the form of the investigation, preliminary investigation, inquiry, criminal case, The Code of Criminal Procedure.
Article bibliography
1. “Code of Criminal Procedure of the Russian Federation” dated 18.12.2001 No. 174-FZ (as amended on 02.10.2024). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_34481/ (date accessed: 26.10.2024).
2. Gerasenkov V. M. Models of expedited pre-trial proceedings in Russian criminal proceedings: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2020. – P. 97.
3. Differentiation of types of inquiry: law, doctrine, practice // Criminal proceedings: in 3 volumes / M. P. Polyakov, N. N. Kovtun, Yu. V. Frantsiforov [et al.]. – 2nd ed., corrected. and add. – Moscow: Yurait, 2019. – Vol. 2. – 305 p. – ISBN 978-5-534-09053-6.
4. Michurina O. V. The concept of inquiry in the criminal process of the Russian Federation and the problems of its implementation in the internal affairs bodies. – Moscow: MosU MVD of Russia named after V. Ya. Kikot, 2008. – 376 p.
5. Inquiry in the internal affairs bodies: a textbook and practical training for universities / A. S. Esina, E. N. Arestova, O. E. Zhamkova. – 2nd ed., revised. and additional – Moscow: Yurait, 2019. – 170 p. – ISBN 978-5-534-15775-8.
CRIMINAL PROCEDURE
KOZLOV Vyacheslav Viktorovich
senior lecturer of Criminal process sub-faculty, Barnaul Law Institute of the MIA of Russia
ISSUES OF DETAINING A SUSPECT IN MODERN REALITIES
The article discusses issues related to the use of such a measure of procedural coercion as the detention of a suspect during a preliminary investigation. The author analyzed problematic aspects related to the calculation of periods of detention, including in military conditions. The moment of occurrence of a procedural crime in connection with the detention of a person is determined. Issues regarding the termination of this status in the event of the release of a detainee on suspicion of committing a crime are being considered. The need to improve the legal regulation of the institution of detention and law enforcement practice is pointed out.
Keywords: detention of a suspect, measure of procedural coercion, stage of investigation, period of detention, procedural status of the suspect.
Article bibliography
1. Arestova E. N., Sharapova E. V., Borbat A. V. Problems of legal regulation of detention of a suspect // Russian investigator. – 2023. – No. 6. – P. 11-14.
2. Barygina A. A. Detention of a person declared wanted: problems of theory and practice // Russian justice. – 2024. – No. 1. – P. 28-34.
3. Vasiliev O. L. Institute of detention: problems of interpretation of the norms of the Criminal Procedure Code of Russia // Laws of Russia: experience, analysis, practice. – 2024. – No. 3. – P. 32-36.
4. Denisova S. Yu. Detention of a suspect – factual and procedural. Judicial control over its legality // Russian investigator. – 2010. – No. 16. – P.6-8.
5. Orlova A. A. Compliance with the terms of detention of a suspect under martial law // Magistrate. – 2024. – No. 6. – P. 14-19.
6. Safronov D. M. Features of the use of detention under martial law // Russian investigator. – 2024. – No. 8. – P. 11-15.
7. Khimicheva O. V., Sharov D. V. Some aspects of ensuring the rights of a person when detained on suspicion of committing a crime // Laws of Russia: experience, analysis, practice. – 2018. – No. 5. – P. 56-61.
CRIMINAL PROCEDURE
KULCHAROVA Albina Vladimirovna
Ph.D. in Law, lecturer of Criminal process sub-faculty, Educational and Scientific Complex on Preliminary Investigation in the DIA, Volgograd Academy of the MIA of Russia
MONETARY PENALTY AS ANOTHER MEASURE OF PROCEDURAL COERCION IN PRE-TRIAL PROCEEDINGS IN RUSSIA
The article considers the institution of applying a measure of procedural coercion in the form of monetary punishment. Attention is drawn to the shortcomings in the legal regulation of this institution, which do not allow for the widespread use of monetary penalties at the pre-trial stage of criminal proceedings. The author substantiates the need for a more substantive normative prescription of the obligations of participants in the criminal process and responsibility for their non-fulfillment, as well as a revision of the procedure for imposing monetary penalties.
Keywords: measure of procedural coercion, monetary penalty, protocol on violation, investigator, inquirer, pre-trial proceedings.
Article bibliography
1. Kashtanova N. S. On some aspects of the application of monetary punishment as another measure of criminal procedural coercion: theory, practice, foreign experience // Russian judge. – 2024. – No. 4. – P. 30-34.
2. Esina A. S., Makeeva N. V., Borbat A. V. Activities of the investigator in applying a coercive measure in the form of a monetary penalty to participants in criminal proceedings // Russian investigator. – 2021. – No. 3. – P. 21-25.
3. Kuzovenkova Yu. A. Monetary penalty in the system of measures of criminal procedural liability: Abstract of Cand. of Law. Sciences. – Samara, 2009. – 19 p.
CRIMINAL PROCEDURE
LUKYANCHIKOVA Viktoriya Viktorovna
lecturer of Criminal process sub-faculty, I. D. Putilin Belgorod Law Institute of MIA of Russia
ON THE ISSUES OF THE USE OF COERCION AND THE POSSIBILITY OF SEIZURE OF OBJECTS OF EVIDENTIARY VALUE DURING THE EXAMINATION
The achievement of the purpose of criminal proceedings depends on the legality and quality of the investigative and procedural actions carried out. The article considers problematic issues related to the possibility of using coercion during the examination and the possibility of seizing objects and objects with evidentiary information for the disclosure and investigation of a crime. As part of the consideration of these aspects, the author analyzes some provisions of the criminal procedure legislation concerning the procedural order and the possibility of using coercion in the framework of the examination, taking into account the procedural status of the person being examined. An attempt has been made to substantiate and define the boundaries of the use of coercion, and a proposal has been formulated to ensure guarantees for the protection of individual rights within the framework of compulsory examination. The issue of legality and expediency of the seizure of objects and objects during the examination is also considered.
Keywords: compulsory examination, guarantees of personal rights in the course of investigative actions, seizure of objects and objects during the examination.
Bibliographic list of articles
1. Vasilyeva E. G. Problems of limiting personal immunity in criminal proceedings: dis. …cand. legal Sci. – Ufa, 2002. – P. 120.
2. Moskalkova T. N. Ethics of criminal procedural proof (stage of preliminary investigation). – M., 1996. – P. 165.
3. Stepanov V. V, Galushkin V. I. Procedural and forensic aspects of the production of examination in criminal proceedings // Bulletin of the Saratov State Law Academy. – 2016. – No. 6 (113). – P. 137, 141.
4. Mokhov A. A. Institute of examination in domestic criminal proceedings // Bulletin of the University named after O. E. Kutafin. – 2023. – No. 6 (106) – P. 182.
CRIMINAL PROCEDURE
MAGOMEDBAKIROV Shamil Magomedovich
magister student of Criminal process and criminology sub-faculty, Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
Senior Lecturer of Criminal processand criminology sub-faculty, Dagestan State University, Makhachkala
PROBLEMS OF OVERCOMING THE PROCEDURAL INEQUALITY OF DEFENSE AND PROSECUTION
The article is devoted to the analysis of the problems of procedural inequality between the defense and the prosecution. It examines the key aspects of the imbalance of rights and opportunities of the parties that affect the fairness of the trial. The causes of such inequality are under investigation, including the difference in the amount of resources, access to information and the peculiarities of the legal status of the participants in the process. The author suggests ways to optimize criminal procedure legislation and the practice of its application in order to ensure equal opportunities for defense and prosecution, emphasizing the importance of a balance between the effectiveness of crime investigation and guarantees of individual rights.
Keywords: procedural inequality, defense, prosecution, adversarial nature of the parties, presumption of innocence.
Article bibliography
1. Definition of the Constitutional Court of the Russian Federation of 04.11.2004 No. 430-O “On the complaint of citizen Olga Vasilievna Starovoitova about the violation of her constitutional rights by paragraph 1 of part two of article 42, part eight of article 162 and part two of article 198 of the Criminal Procedure Code of the Russian Federation” // SPS “ConsultantPlus”.
2. Golovko L. V. Course of criminal procedure. 2nd ed., corr. – M.: Statut, 2017. – P. 369.
3. Mikheeva M. A. Favor defensionis and its manifestation in modern criminal proceedings: author’s abstract. dis. … candidate of legal sciences: 12.00.09. – M., 2012. – P. 10.
4. Kuzmina O. V. Features of proof in criminal cases in adversarial proceedings // Bulletin of Ivanovo State University. Series: natural, social sciences. – 2008. – No. 3. – P. 148-157.
5. Darbandi D. S. Favor of the defense as a condition for ensuring equality of the parties in criminal proceedings // Evolution of Russian law. Proceedings of the XIX International Scientific Conference of Young Scientists and Students. Ural State Law University. – Ekaterinburg, 2021. – pp. 1367-1373.
CRIMINAL PROCEDURE
NEVSKIY Ruslan Emilevich
Ph.D. in Law, senior lecturer of Criminal law and criminology sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
OGRISKO Polina Andreevna
postgraduate student, North Caucasus Social Institute, Cherkessk
UNDERSTANDING OF LOOTING IN THE RUSSIAN DOCTRINE OF CRIMINAL LAW
The article examines the main doctrinal positions regarding looting, criminalized in 2022 as a crime against the peace and security of mankind. The authors note that in the doctrine this step of the legislator was recognized as timely and justified. Conclusions are also made on the main points of view expressed in the science of criminal law regarding the essence and some characteristics of this crime.
Keywords: looting, crimes against the peace and security of mankind, crimes against military service, doctrine of criminal.
Article bibliographic list
1. Artemenko N. N. Criminalization of looting: a step back or forward to the future // Military Law Journal. – 2023. – No. 2. – P. 37-40.
2. Bezborodov D. A., Somko V. V. Looting: features of the object and the objective side of the crime // Criminologist. – 2024. – No. 2. – P. 19-25.
3. Vishnevetsky K. V., Kashkarov A. A., Rudik M. V. Looting: a new criminal-legal interpretation // Bulletin of Economic Security. – 2023. – No. 2. – P. 25-30.
4. Vlasenko V. V. Criminal liability for looting // Legality. – 2023. – No. 9. – P. 37-43.
5. Kibalnik A. G. “Resuscitation” of looting in criminal law // Russian investigator. – 2024. – No. 1. – P. 64-68.
6. Lobach D. V. Criminal-legal characteristics of looting as a crime against peace and security of mankind in the Russian criminal legislation // Bulletin of the University of the Prosecutor’s Office of the Russian Federation. – 2023. – No. 1. – P. 53-61.
7. Lopatina T. M. Looting: a new legislative reading of the crime // Military Law Journal. – 2022. – No. 12. – P. 13-15.
8. Nikonovich S. L., Tishchenko A. O. Problems of qualification of looting in the context of a special military operation and a state of emergency // Military Law. – 2024. – No. 4. – P. 163-168.
9. Pleshakov AM, Shkabin GS Qualification of looting and its distinction from other crimes // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2023. – No. 1. – P. 39-44.
10. Shumikhin VG, Strukov AV Looting: new regulation in the Criminal Code of the Russian Federation // Union of criminologists and criminologists. – 2023. – No. 3. – P. 52-56.
CRIMINAL PROCEDURE
SINKEVICH Veronika Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal process sub-faculty of the Educational and Scientific Complex on the Preliminary Investigation in the DIA, Volgograd Academy of the MIA of Russia
SHEVCHUK Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Criminal Law, criminal process and criminalistics sub-faculty, Volgograd Institute of Management (branch), Russian Academy of National Economy and Public Administration under the President of the Russian Federation
ANALYSIS OF THE ACTIVITIES OF THE APPELLATE COURT IN DECLARING EVIDENCE INADMISSIBLE (BASED ON MATERIALS OF JUDICIAL PRACTICE IN CRIMINAL CASES)
The scientific article analyzes the results of studying the judicial practice of the appellate instance with a view to the court’s assessment of evidence presented by the parties to criminal proceedings at court hearings of the first and second instances from the point of view of their admissibility and legal possibility of use in criminal proceedings when resolving criminal cases, as well as reviewing court decisions, have not entered into legal force. Based on the results of the study, a conclusion is drawn about the types of inadmissible evidence that are most often recognized as such by the appellate court.
Keywords: assessment of evidence, evidence, inadmissible evidence, appellate court, legality, process of evidence, judicial proceedings.
CRIMINAL PROCEDURE
TOKAREVA Ekaterina Viktorovna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty, St. Petersburg Institute (branch), All-Russian University of Justice (RLA of the Ministry of Justice of Russia)
KHORSHEVA Valentina Sergeevna
Ph.D. in Law, associate professor, associate professor of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
INTERROGATION OF THE ACCUSED: PROBLEMS AND WAYS TO RESOLVE THEM
The article examines the problematic aspects that arise during the interrogation of the accused and identifies ways to solve them. The authors analyzed the issues of the accused exercising his rights and powers during interrogation. The authors revealed the procedural, forensic, organizational, psychological and ethical aspects of the interrogation of the accused. The authors pay attention to the basis and procedure of the interrogation, preparation for its conduct, recording of the course and results of the interrogation.
Keywords: criminal procedure law, preliminary investigation, interrogation, accused, investigative action, judicial proceedings.
Article bibliography
1. Resolution of the Plenum of the Supreme Court of the Russian Federation of October 31, 1995 No. 8 “On Certain Issues of the Application by Courts of the Constitution of the Russian Federation in the Administration of Justice” (as amended on February 6, 2007, April 16, 2013) // SPS ConsultantPlus, 2024.
2. Kobelkov S. N., Zudilova L. A. Features of the Implementation of the Rights of the Accused in the Context of Differentiation of Modern Criminal Procedure // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2016. – No. 2 (37). – pp. 85-88.
CRIMINAL PROCEDURE
TOROVKOV Alexey Alexandrovich
Deputy Head of Criminal process sub-faculty, Barnaul Law Institute of the MIA of Russia
FEATURES OF THE SUSPENSION OF A CRIMINAL CASE ON THE GROUNDS PROVIDED FOR IN PARAGRAPH 3.1 OF PART 1 OF ARTICLE 208 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
This article is devoted to the analysis of the norms of Federal Law No. 64-FZ dated 03/23/2024 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation” concerning the “new” grounds for suspending a criminal case. The author generally positively evaluates the adoption of amendments to the criminal procedure legislation and suggests a specific algorithm of actions of the investigator (inquirer) in case the suspect or accused expresses a desire to suspend the criminal case in connection with contract during mobilization or during wartime into the Armed Forces of the Russian Federation or the conclusion of a contract during these periods. The article analyzed the changes concerning the suspension of a criminal case on the grounds provided for in paragraph 3.1 of Part 1 of Article 208 of the Criminal Procedure Code of the Russian Federation and possible algorithms for the actions of officials conducting a preliminary investigation in a criminal case.
Keywords: special military operation, suspension of the criminal case, conclusion of the contract, the petition of the command of the military unit.
Article bibliography
1. Kalinovsky K. B. What to consider when releasing participants of the special military operation from liability // Criminal procedure. – 2023. – No. 11. – P. 32-33.
2. Klimanova O. V. Voluntary nature of the conclusion of a pre-trial cooperation agreement as a condition for its legitimacy // Legal Bulletin of Samara University. – 2015. – No. 3. – P. 132-138.
3. Nuriev I. N., Shveiger A. O. New rules for termination of criminal prosecution and release from criminal liability in relation to a person involved in a special military operation: issues of theory and practice // Criminal law. – 2024. – No. 6. – P. 76-84.
4. Torovkov A. A., Konovalov A. Yu. Procedural procedure for termination of criminal prosecution (criminal case) against a person involved in a special military operation: algorithm of actions of preliminary investigation bodies // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 330-333.
5. Federal Law of 23.03.2024 No. 64-FZ “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation” // Official Internet Portal of Legal Information, 24.11.2024. – [Electronic resource]. – Access mode: www.pravo.gov.ru.
CRIMINAL PROCEDURE
TERENTJEV Andrey Viktorovich
Head of Operative and investigative disciplines sub-faculty, Lugansk branch, Voronezh Institute of the MIA of Russia
ANDRIENKO Veronika Andreevna
cadet of the 4th course of the L21B1 training platoon, Faculty of Training Specialists in Higher Education Programs, Lugansk branch, Voronezh Institute of the MIA of Russia
LEGAL REGULATION OF PREVENTION OF OFFENSES IN OPERATIONAL AND INVESTIGATIVE ACTIVITIES
The article is devoted to the study of some problems of participation of operative officers in crime prevention. The legislation provides for the prevention of crimes, but the law does not contain the means of solving this problem in the form of grounds for conducting operational-search activities. The ways of solving this legal problem by introducing into operative-search activity and fixing the system of early prevention at the legislative level are proposed.
Keywords: operational and investigative activity, prevention, preventive measures, crime, early warning system.
Article bibliography
1. Constitution of the Russian Federation: [adopted by popular vote on December 12, 1993, with amendments approved during the all-Russian vote on July 1, 2020]. – Text: electronic // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://www.pravo.gov.ru (date of access: 20.10.2024).
2. Federal Law of June 23, 2016 No. 182-FZ “On the Fundamentals of the Crime Prevention System in the Russian Federation” – Text: electronic // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: https://base.garant.ru/71428030 (date of access: 20.10.2024).
3. Federal Law of August 12, 1995 No. 144-FZ “On Operational Investigative Activities” – Text: electronic // Official Internet Portal of Legal Information. [Electronic resource]. – Access mode: https://legalacts.ru/doc/federalnyi-zakon-ot-12081995-n-144-fz-ob/?ysclid=m2sl4gcuii639124075 (date of access: 20.10.2024).
4. Belkin R. S. To the readers of the Russian edition of the “Criminalistics Dictionary” // Criminological Dictionary: trans. from Germ. / Responsible. ed. V. Burghard [et al.]. – M., 1993. – 372 p.
5. Sulimanov A. Kh. Operational-search prevention of crimes: concept, preventive approaches and directions // Academic thought. – 2024. – No. 1 (26). Text: electronic. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/operativno-rozysknoe-preduprezhdenie-prestupleniy-ponyatie-profilakticheskie-podhody-i-napravleniya (date of access: 20.10.2024).
6. Yakimov I. N. Forensic Science. Guide to Criminal Technique and Tactics. Reprinted from ed. 1925 – M., 2003. – 352 p.
CRIMINAL PROCEDURE
DRANICHNIKOVA Natalia Vladimirovna
senior lecturer of Criminal law disciplines sub-faculty, Institute of Law, Chelyabinsk State University
THE INSTITUTE OF PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS IN RUSSIA AND FOREIGN COUNTRIES: GENERAL AND SPECIAL
Based on a comparative legal analysis, the article examines the features of the legal regulation of the institution of procedural costs in criminal proceedings in Russia and foreign countries of various legal families. The purpose of the study is to identify similarities and differences in the regulation of compensation and recovery of procedural costs and to identify areas for improving domestic criminal procedure legislation. Using general scientific and private scientific methods of cognition, the author comes to the conclusion about the unification of legislation in matters related to reimbursement of expenses, in particular, to persons assisting in the administration of justice. In conclusion, the author points out the need to generalize and use foreign experience in domestic legislation in the following areas: expanding the list of procedural costs, specifying ways to pay them, setting the statute of limitations, improving the procedure for recovery in criminal proceedings.
Keywords: procedural costs, criminal proceedings, legal institution, criminal proceedings of foreign countries, comparative law.
Bibliographic list of articles
1. Bagautdinov F.N. Public and personal interests in Russian criminal proceedings and guarantees of their provision during the preliminary investigation: Author’s abstract. dis. … doc. jurid. sciences. – M., 2004. – 56 p.
2. Bychkov A. N. Participation of a teacher in criminal proceedings: dis. … candidate of legal sciences. – Izhevsk, 2007. – 227 p.
3. Gridyushko P. V., Sukhovenko N. A. Legal regulation of reimbursement of expenses caused by the performance of their duties by experts and specialists in criminal proceedings requires improvement // Justice of Belarus. – 2015. – No. 9. – P. 38-42.
4. Dranichnikova N.V. Procedural costs as a concept, category and legal institution in criminal proceedings // Eurasian Law Journal. – 2022. – No. 3 (166). – P. 314-315.
5. Zelenin S. R. On the powers of the court in deciding the issue of distributing procedural costs // Russian Justice. – 2021. – No. 2. – P. 33-35. – DOI: 10.18572/0131-6761-2021-2-33-35.
6. Treasurer I. V. Use of technical means of communication in criminal proceedings (ways to improve): dis. … candidate of legal sciences. – Volgograd, 2014. – 256 p.
7. Kaminsky E. S., Burganov R. S., Bikmiev R. G. Procedural costs in criminal proceedings: textbook. manual. – M.: RGUP, 2024. – 160 p.
8. On some issues of reimbursement of expenses to persons incurred in criminal proceedings: Resolution of the Government of the Republic of Kazakhstan dated October 9, 2014 No. 1070. [Electronic resource]. – Access mode: https://online.zakon.kz/Document/-?doc_id=31617097&pos=5;-108#pos=5;-108 (date accessed: 15.10.2024).
9. On the procedure and amount of reimbursement of procedural costs associated with criminal proceedings, costs in connection with the consideration of a case by an arbitration court, a civil case, an administrative case, as well as costs in connection with the fulfillment of the requirements of the Constitutional Court of the Russian Federation and on the recognition of certain acts of the Council of Ministers of the RSFSR and the Government of the Russian Federation as invalid (together with the “Regulation on reimbursement of procedural costs associated with criminal proceedings, costs in connection with the consideration of a case by an arbitration court, a civil case, an administrative case, as well as costs in connection with the fulfillment of the requirements of the Constitutional Court of the Russian Federation”): Resolution of the Government of the Russian Federation of 01.12.2012 No. 1240 // Rossiyskaya Gazeta. – 2012. – December 07. – No. 283.
10. Criminal Procedure Code of the Public and Revolutionary Courts of the Islamic Republic of Iran / Scientific. ed. by Doctor of Law, prof. N. G. Stoyko, introduction and translation by P. A. Guseynova. St. Petersburg, 2016. – 148 p.
11. Criminal Procedure Code of the Republic of Belarus of July 16, 1999 No. 295-Z. [Electronic resource]. – Access mode: http://online.-zakon.kz/document/?doc_id=30414958 (date accessed: 10.01.2024).
12. Criminal Procedure Code of the Federal Republic of Germany. – Strafprozessordnung (StPO): scientific and practical commentary and translation of the text of the law / Ed. P. Golovnenkov, N. Spica. – Potsdam: Universitätsverlag Potsdam, 2012. – 404 p.
13. Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V. [Electronic resource]. – Access mode: http://online.-zakon.kz/m/document/?doc_id=31575852 (date accessed: 24.07.2023).
14. Criminal Procedure Code of the Kyrgyz Republic dated October 28, 2021 No. 129. [Electronic resource]. – Access mode: https://online.-zakon.kz/Document/?doc_id=36639004 (date accessed: 10.04.2024).
15. Criminal Procedure Code of the Republic of Singapore dated August 31, 2012 [Electronic resource]. – Access mode: https://sso.agc.gov-.sg/Act/CPC2010?ProvIds=P1XVIII-#pr355 (date of access: 27.07.2021).
16. Shinkaruk V. M., Dechert A. A. The burden of reimbursement of procedural costs in criminal proceedings in the Federal Republic of Germany: features of legal regulation // Legal Concept = Legal paradigm. – 2024. – Vol. 23, No. 2. – P. 171-176. – DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.22.
17. Yakubina Yu. P. The procedure for distributing proceduralcosts in criminal proceedings: issues of theory and practice // Advocacy practice. – 2019. – No. 1. – P. 59-63.
CRIMINAL PROCEDURE
MAGOMEDBAKIROV Shamil Magomedovich
magister student of Criminal process and criminology sub-faculty, Dagestan State University, Makhachkala
ISAIBOVA Sabrina Abukarovna
Senior Lecturer of Criminal process and criminology sub-faculty, Dagestan State University, Makhachkala
ETHICS AND LIMITS OF LAWYER’S INDEPENDENCE IN CRIMINAL PROCEEDINGS
The article examines the complex relationship between ethical principles and the limits of a lawyer’s independence in criminal proceedings. The dilemmas faced by the defender, who is forced to balance between the interests of the client, the requirements of the law and professional ethics, are analyzed. The boundaries of acceptable behavior of a lawyer are explored, including issues of confidentiality, interaction with other participants in the process and the permissibility of using various defense tactics.
Keywords: lawyer ethics, lawyer’s independence, limits of protection, criminal procedure, attorney-client privilege (confidentiality).
Article bibliography
1. Advocacy and advocacy: a textbook for bachelor’s and specialist degrees / A. A. Klishin [et al.]; edited by A. A. Klishin, A. A. Shugaev. – M., 2018. – P. 204-205.
2. Yuryev S. S. Advocacy in Russia: a textbook for the academic bachelor’s degree. – M., 2019. – 452 p.
3. Advocacy and the Bar in Russia in 2 Parts. Part 1: a textbook for the academic bachelor’s degree / I. L. Trunov [et al.]; edited by I. L. Trunov. – M., 2019. – 218 p.
4. Advocacy and the Bar in Russia in 2 Parts. Part 2: a textbook for the academic bachelor’s degree / I. L. Trunov [et al.]; edited by I. L. Trunov. – M., 2019. – 218 p.
5. Advocacy Investigation in Criminal Proceedings. Theoretical and Methodological Foundations of the Doctrine of Advocacy Investigation: monograph / Ed. E. G. Martynchik. – M., 2009. – 258 p.
CRIMINAL PROCEDURE
OSTAPENKO Maksim Vitaljevich
postgraduate student of Judicial activity and criminal process sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg, attorney at the Bar Association of St. Petersburg
OBJECTIVE LIMITS OF JUDICIAL DISCRETION IN THE DOMESTIC CRIMINAL PROCEDURE
The article examines the concept and types of objective limits of judicial discretion in Russia’s criminal procedure. It discusses constitutional, international legal, and normative limits, evaluative concepts, and case materials as key frameworks constraining judicial freedom. The necessity of ensuring legality, fairness, and predictability of decisions through the application of normative and precedent-based provisions is emphasized.
Keywords: judicial discretion, objective limits of discretion, normative provisions, criminal procedure.
Article bibliography
1. Berezina A. A. Limits of law enforcement discretion: diss. … candidate of legal sciences. – N. Novgorod, 2007.
2. Berg L. N. Judicial discretion and its limits: general theoretical aspect: diss. … candidate of legal sciences. – Ekaterinburg, 2008.
3. Papkova O. A. Discretion of the court. – M.: Statut, 2005.
4. Korablina O. V. Discretion in law enforcement activity (general theoretical and moral-legal aspects): diss. …cand. legal Sci. – Saratov, 2009.
CRIMINAL PROCEDURE
SIDOROVA Natalya Olegovna
postgraduate student, Diplomatic Academy of the MFA of Russia, employee of NCB of Interpol of the MIA of Russia
USE OF GENETIC DATA IN CRIMINAL PROCEEDINGS
The article considers genetic data as an auxiliary tool in criminal proceedings. The world is not standing still, and unfortunately with the development of various technologies, crime is also moving forward. Criminals have become more cunning and are often equipped with advanced tools, which makes it difficult to prove their guilt. The investigators are helped by DNA analysis, thanks to which current crimes and many crimes of past years have already been solved. The point is that genetic material has such properties as uniqueness, stability and genetic constancy of a living organism. That is, it can demonstrate genetic traits belonging to a particular person, minimizing possible errors of experts. Therefore, genetic testing has become so important in criminal proceedings.
Keywords: genetic research, DNA analysis, criminal trial, genetic material, evidence, DNA analysis.
Article bibliography
1. Argunova Yu. N., Vanyushkin S. V., Vaschenko Yu. V., Grishko A. Ya., et al.; Criminology. Textbook for universities / Under the general editorship: Dolgova A. I. 2nd ed., revised. and add. M.: Infra-M-NORMA, 2001. P. 650.
2. Badzyuk I. L., Golodkov Yu. E., Sukhorukov Yu. I., Larionova E. Yu. Methods of DNA extraction from biological objects of forensic examination: current status and problems // Current issues of forensic examinations: Materials of the International scientific practical conference. Irkutsk: Federal State Educational Institution of Higher Professional Education “East Siberian Institute of the Ministry of Internal Affairs of Russia, 2010. P. 331.
3. Golodkov Yu. E., Sukhorukov Yu. I., Larionova E. Yu. Methods of DNA extraction from biological objects of forensic examination: current status and problems // Current issues of forensic examinations: Materials of the International scientific practical conference. Irkutsk: Federal State Educational Institution of Higher Professional Education “Eastern Siberian Institute of the Ministry of Internal Affairs of Russia, 2019. P. 340.
4. Kubitovich S. N. DNA as an information carrier for an unlimited number of persons // Bulletin of Economic Security. 2017. No. 4. P. 185-190.
5. Kazantseva A. S. Legal liability in the field of application of reproductive technologies. Moscow: Prospect, 2019. P. 513-519.
6. Kozachenko I. Ya. Genome editing: moral dilemmas in criminal law settings // Law and order: history, theory, practice. 2022. No. 1 (32). P. 39-45.
7. Nedoluzhko A. Forensic science. Molecular genetic examination // Biomolecule. 15.06.2022. [Electronic resource]. – Access mode: https://biomolecula.ru/articles/kriminalistika-molekuliarno-geneticheskaia-ekspertiza (date accessed: 01.11.2024).
8. Osnitsky AV Theoretical and methodological foundations of the heredity of mental properties of personality // Bulletin of St. Petersburg University. Series 12. Psychology. Sociology. Pedagogy. 2008. No. 1. Pp. 187-199.
9. Ponomareva DV, Sorokina EM Legal aspects of the use of genetic evidence on the example of US judicial practice // Bulletin of Peoples’ Friendship University of Russia. Series: Legal Sciences. 2021 Vol. 25. No. 1. Pp. 87-106. [Electronic resource] DOI: 10.22363/2313-2337-2021-25-1-87-106 (date of access: 05.11.2024).
10. Ryvkin S. Yu. Forensic foundations of the use of DNA research. [Electronic resource] DOI: 10.24412/2411-2275-2023-2-92-97 (date of access: 02.11.2024)
11. Sekretareva T. M. “Medical concept” of understanding the causality of behavior that violates general social norms // Medical law. 2011. No. 4. P. 24-28.
12. Tologon, uulu Nursultan. Actual problems of medical and genetic examination in the disclosure and investigation of crimes of human identity / uulu Nursultan Tologon, O. A. Egereva. – Text: direct // Young scientist. 2019. No. 28 (266). P. 152-154. [Electronic resource]. – Access mode: https://moluch.ru/archive/266/61517/ (date of access: 05.11.2024).
13. Khaziev Sh. N. Forensic examinations in the activities of the International Criminal Tribunal for Rwanda // Theory and practice of forensic examination. 2015. No. 3 (39). P. 156-162. [Electronic resource]. – Access mode: https://www.tipse.ru/jour/article/viewFile/82/83 (date accessed: 05.11.2024).
14. Shestak V. A., Ulyanova E. K. Trial in the power of genetics. Myth or reality: the US experience // Education and law. 2020. No. 5. P. 198-203.
15. Federal Law of 03.12.2008 No. 242-FZ “On state genomic registration in the Russian Federation”. [Electronic resource]. – Access mode: www.base.garant.ru (date accessed: 06.11.2024).
16. Federal Law of 27.07.2006 No. 152-FZ “On personal data”. [Electronic resource]. – Access mode: www.base.garant.ru (date of access: 06.11.2024).
17. Jessee E. Promoting Reconciliation through Exhuming and Identifying Victims in the 1994 Rwandan Genocidee // Policy brief. No. 2. July 2012. P. 14.
18. Morse, S.J. (1982) Failed Explanations and Criminal Responsibility: Experts and the Unconscious. Faculty Scholarship at Penn Law. [Electronic resource]. – Access mode: https://scholarship.law.upenn.edu/faculty_scholarship/1351 (date: 02.11.2024).
CRIMINAL PROCEDURE
TARASENKO Darya Viktorovna
postgraduate student, Law Faculty, St. Petersburg State University, lawyer
ON THE QUESTION OF THE TRANSFORMATION OF THE NATURE OF INVESTIGATIVE ACTION IN THE RUSSIAN CRIMINAL PROCESS
In the article, the author examines the problem of transformation of the nature of investigative action in the Russian criminal process. The author formulates four sides of the investigative action. Highlighting the cognitive, certifying, enforcement and law enforcement sides of the investigative action, the author analyzes whether the covert investigative actions that appeared in the CPC of the Russian Federation, in particular, the norms of Articles 186 of the CPC of the Russian Federation and 186.1 of the CPC of the Russian Federation, correspond to the designated four sides. The author substantiates the conclusion that cover investigative actions differ from “classical” ones in terms of certifying, cognitive and law enforcement sides. The essential difference between them lies, first of all, in the law enforcement side of these actions. In the author’s understanding, the law enforcement side of investigative actions, which have an unclassified (in fact, secret) nature, is minimized, due to the confusion of criminal procedure and operational and investigative activities.
Keywords: investigative action, covert investigative actions, transformation, criminal procedural activity, operational investigative activity.
Article bibliography
1. Belkin A. R. Theory of proof in criminal proceedings. – M.: Norma, 2005. – 184 p.
2. Bykhovskiy I. E. Development of procedural regulation of investigative actions // Soviet state and law. – 1972. – No. 4. – P. 107-110.
3. Gulyaev A. P. Investigator in criminal proceedings. – M.: Jurid. lit., 1981. – 192 p.
4. Davletov A. A. Criminal proceedings of the Russian Federation: a textbook. – Yekaterinburg: Ural Law Institute of the Ministry of Internal Affairs of Russia, 2022. – 348 p.
5. Derishev Yu. V. Confidential procedural actions in continental criminal procedure legislation: searching for a compromise // Legal science and law enforcement practice. – 2015. – No. 2 (32). – P. 122-128.
6. Zhogin N. V. Theory of evidence in Soviet criminal proceedings. – M.: Legal Literature, 1973. – 736 p.
7. Kalugin A. G. Covert investigative actions: prospects for implementation in the criminal procedure legislation of the Russian Federation // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (43). – P. 115-122.
8. Kalnitsky V. V. Issues of legal regulation of investigative actions at the present stage // Issues of the theory and practice of criminal proceedings: Selected works / Omsk Academy of the Ministry of Internal Affairs of Russia. – Omsk: Omsk Academy of the Ministry of Internal Affairs of the Russian Federation, 2016. – P. 76-86.
9. Kun D. E. Procedural order of production control and recording of telephone and other conversations // Actual problems of judicial, law enforcement, human rights, criminal procedure activities and national security: materials of the All-Russian scientific and practical conference, Krasnodar, April 21, 2018. – Krasnodar: Kuban State University, 2018. – P. 245-249.
10. Larin A. M. Investigation of a criminal case. Planning, organization. – M .: Legal Literature, 1970. – 220 p.
11. Pobedkin A. V., Yashin V. N. Investigative actions. – M.: Yurlitinform, 2016. – 185 p.
12. Pobedkin A. V., Yashin V. N. Special (covert) investigative actions in the context of the procedural position of the investigator // Actual problems of organizing law enforcement and human rights activities: Materials of the All-Russian scientific and practical conference, Tula, January 25, 2020 / Responsible. editor V. N. Yashin. – Tula: Tula State University, 2020. – Pp. 139-150.
13. Rossiysky S. B. Investigative actions. – M.: Norma, 2018. – 240 p.
14. Stelmakh V. Yu. Conceptual foundations of investigative actions. – M.: Yurlitinform, 2017. – 282 p.
15. Strogovich M. S. Course of Soviet criminal procedure: Procedure for criminal proceedings under Soviet criminal procedure law. – M.: Nauka, 1970. – 468 p.
16. Semenov V. A. System of investigative actions in Russia: history and modernity // Bulletin of OSU. – 2005. – No. 3. – P. 72-76.
17. Sharov V. I. Monitoring and recording of negotiations as an investigative action and as an operational-search measure // Legal science and practice: Bulletin of the Nizhny NovgorodAcademy of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (47). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontrol-i-zapis-peregovorov-kak-sledstvennoe-deystvie-i-kak-operativno-razysknoe-meropriyatie (date of access: 02.10.2024).
18. Sheifer S. A. Investigative actions. Grounds, procedural order and evidentiary value. – Samara: Publishing House “Samara University”, 2004. – 184 p.
19. Sheifer S. A. Investigative actions. System and procedural form. – M.: Yurlitinform, 2001. – 208 p.
CRIMINAL PROCEDURE
AL KHAZRAJI Hasanin Fakhri Ab
postgraduate student of Criminal law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
MEASURES OF CRIMINAL PROCEDURAL COERCION IN RUSSIA AND IRAQ: GUARANTEES OF INDIVIDUAL RIGHTS
The article examines the measures of criminal procedural coercion used in Russia and Iraq, as well as ensuring human rights when applying procedural coercion measures to them. The article includes a comparative analysis of two legal systems with an emphasis on procedural mechanisms that ensure the legality and validity of the use of coercive measures, such as detention, arrest, search and prosecution. The rights of suspects and accused at different stages of the criminal process are investigated, as well as the role of judicial authorities in protecting these rights. Special attention is paid to international human rights standards that affect national legislation and the practice of applying procedural coercion measures. It examines the problems and challenges faced by law enforcement agencies and the judicial system in both countries, including cases of human rights violations and possible abuses.
Keywords: coercive measures, preventive measures, criminal proceedings, guarantees of personal rights.
Article bibliography
1. Vyatchinina M. P. Actual problems of judicial protection in the application of preventive measures in the form of bail and house arrest” // Proceedings of the All-Russian interdepartmental scientific and practical conference. – 2016. – No. 2. – P. 16-17
2. Grabyev V. A. Some problematic issues in choosing preventive measures // Actual problems of criminal proceedings. – 2016. – No. 5. – P. 49-53.
3. Criminal law of Russia. General and special parts: Textbook / Gracheva Yu. V., Chuchaev A. I. – Moscow: Contract, NIC INFRA-M, 2017. – 384 p.
4. Criminal law of Russia: special part [Text] teaching aid for students. – Tambov: TSU Publishing House, 2011.
5. Khimicheva O. V., Bondarenko I. P. Diversity of measures of procedural coercion and the nature of guarantees of rights, freedoms and legitimate interests of the accused in their application // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2014. – No. 8. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/raznoobrazie-mer-protsessualnogo-prinuzhdeniya-i-haraktera-garantiy-prav-svobod-i-zakonnyh-interesov-obvinyaemogo-pri-ih-primenenii (date of access: 23.11.2024).
6. Sarhang H. Barzinji. Human Rights Situation in Iraq and Kurdistan Region: Constitutional and Political Prospects / Democracy and Diversity in Education Conference, March 12th & 13th, 2013, Drammen, Norway. March 2013.
CRIMINAL PRINCIPAL LAW
LYADOV Eduard Vladimirovich
Ph.D. in Law, associate professor, Deputy Head of Penal Enforcement law and organization of educational work with convicts sub-faculty, Academy of the FPS of Russia
PRACTICE OF IMPLEMENTING THE INSTITUTE OF REPLACING IMPRISONMENT WITH A MORE MILD TYPE OF PUNISHMENT AND RESOCIALIZATION OF CONVICTS
This article examines the practice of replacing criminal punishment in the form of imprisonment with a more lenient form of punishment – forced labor in combination with issues of resocialization of this category of convicts. Attention is drawn to the expansion of the practice of applying this institution. It is emphasized that the institution in question is of significant importance in relation to the resocialization of convicts, especially those who have served long terms of imprisonment.
Keywords: criminal punishment, imprisonment, forced labor, sentencing, execution of punishment, convicted person, sentence, substitution of a milder type of punishment, resocialization of convicts.
Article bibliography
1. Lyadov E. V. Replacement of criminal punishment in the form of imprisonment with forced labor as a milder type of punishment // Eurasian Law Journal. – 2022. – No. 8 (171). – P. 321-323.
CRIMINAL-EXECUTIVE LAW
TOLCHENKINA Marina Eduardovna
Ph.D. in Law, senior researcher of the Researchch Department of the Scientific Center, Academy of the FPS of Russia
FAMILY CAPACITY OF PERSONS SENTENCED TO IMPRISONMENT: THE CONCEPT, CLASSIFICATION AND FEATURES OF ITS IMPLEMENTATION
This article considers family legal capacity as one of the most important elements of a person’s family legal status. The author presents the positions of scientists concerning the conceptual and categorical apparatus of family capacity and the specifics of its implementation. Taking into account the norms of the current legislation of the Russian Federation, the classification of family capacity is defined, personal non-property, property rights and family obligations of persons sentenced to imprisonment are designated. Based on the results of the study, the author’s definition of the family capacity of persons sentenced to imprisonment was formulated.
Keywords: family, family legal capacity, personal non-property and property rights of convicted persons, full family legal capacity, partial family legal capacity, restrictions on family legal capacity, family legal capacity of persons sentenced to imprisonment.
Article bibliographic list
1. Antokolskaya M. V. Family law: Textbook. 2nd ed., revised and enlarged. – M .: Yurist, 2003. – 333 p.
2. Khvatova M. A. Family legal capacity of individuals in the Russian Federation // Family and housing law. – 2009. – No. 3.
3. Muratova S. A. Family law: textbook. – M., 2001. – P. 61.
4. Zvenigorodskaya N. F. The problem of family capacity // Bulletin of Perm University. – 2011. – Issue 2 (12). – pp. 112-113.
CRIMINAL PRINCIPAL LAW
LUKJYANOV Alexander Veniaminovich
competitor, Academy of Law and Management of the FPS of Russia
THE LABOR OF PERSONS SERVING A SENTENCE OF IMPRISONMENT AS A DETERMINANT OF OFFICIAL CRIME IN INSTITUTIONS AND BODIES OF THE PENAL SYSTEM
The publication is one of the first criminological works, which notes that the labor of prisoners has the determinative properties of official crime in the institutions and bodies of the penal system. The article reveals the corruption risks that arise in the process of implementing labor relations, sentenced to imprisonment. Examples of investigative practice of illegal involvement of officials of bodies and institutions of the penal system of convicted persons to labor are given. Reasoned proposals are given to minimize corruption risks in the sphere of employment of convicted persons.
Keywords: labor of convicts, official crime, imprisonment, punishment, bodies and institutions of execution of punishment.
Article bibliography
1. Bulletin of the Supreme Court of the Russian Federation // Publishing House “Legal Literature”. – April 01, 2014. – No. 4. – P. 27-48.
2. The investigation of the criminal case against the former head of the regional UFSIN of Russia for committing a number of corruption crimes has been completed. [Electronic resource]. – Access mode: https://kurgan.sledcom.ru/news/item/1242866// (date of access: 02.11.2024).
3. The deputy head of the Federal Penitentiary Service of the republic was finally charged with abuse of office, illegal entrepreneurial activity and theft on an especially large scale. [Electronic resource]. – Access mode: https://osetia.sledcom.ru/news/item/1520377 (date of access: 09.11.2024).
4. Kashkarov A. A. Determinants of official crime in the Republic of Crimea // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 3 (42). – P. 56-59.
5. Brief characteristics of the penal system of the Russian Federation. [Electronic resource]. – Access mode: https://fsin.gov.ru/structure/inspector/iao/statistika/Kratkaya%20har-ka%20UIS/ (date accessed: 29.11.2024).
6. Obernikhina O. V. Actual problems of involving convicts in labor // Bulletin of the Kemerovo State University. Series: Humanities and social sciences. – 2018. – No. 3. – P. 68-73.
7. Patlasov O. Yu. Labor activity of convicts under the influence of criminal subculture: gaps in legislation and conflicts of law // All-Russian criminological journal. – 2017. – V. 11, No. 1. – P. 216-227.
8. Investigative Committee investigators have completed the investigation of a criminal case against the former head of a correctional colony for abuse of office. [Electronic resource]. – Access mode: https://voronezh.sledcom.ru/news/item/1570160 (accessed: 09.11.2024).
9. Shevyakov-Arakcheev Ya. A. Use of prison labor in places of deprivation of liberty: its significance and features of the impact of labor on a convict, as a re-education measure // Bulletin of Science. – 2022. – No. 5 (50). – P. 103-113.
10. Ex-head of the Don GUFSIN Dakkhaev forced convicts to build him a house. [Electronic resource]. – Access mode: https://rostovnadonu.bezformata.com/listnews/gufsin-dahhaev-zastavlyal-osuzhdennih/88579216/(date of access: 02.11.2024).
CRIMINAL-EXECUTIVE LAW
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of Employment Problems of Convicts and Economic Problems of the Functioning of the Penal Correction System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
KRAEVA Natalya Viktorovna
Ph.D. in Law, senior researcher, Center for the Study of the Problems of the Execution of Criminal Penalties and Psychological Support for the Professional Activities of Employees in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ASPECTS OF APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN THE ACTIVITIES OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION
The article is devoted to the aspects of digital transformation of the penitentiary system of the Russian Federation (Penitentiary System), as well as the role of artificial intelligence in the further development of the national penitentiary system. The introduction of modern information technologies in the activities of institutions and bodies of the penal correctional system make it possible to transfer a number of functions into the sphere of information cyber environment to improve the effectiveness of security processes, to monitor and control the behavior of convicts in real time, to improve the quality of information support in the main areas of activities of the department.
Keywords: Penal System of the Russian Federation, integrated security, digital transformation, information technologies, artificial intelligence, machine learning, artificial neural network.
Article bibliography
1. Golovanova N. A., Gravina A. A., Zaitsev O. A. Criminal-jurisdictional activity in the context of digitalization: monograph. – M .: IZiSP, CONTRACT, 2019. – 212 p.
2. Minbaleev A. V. Regulation of the use of artificial intelligence in Russia // Information law. – 2020. – No. 1. – P. 36-39.
3. Pal’yanova N. V. Use of Artificial Intelligence in the Sphere of Legal Tech: Modern Opportunities and Prospects // Socio-economic Development and Quality of the Legal Environment: Proceedings of the VIII Moscow Legal Forum, XIX International Scientific and Practical Conf. Part 2. – M.: Moscow State Law Academy, 2021. – P. 260-267.
4. Tsar’kova E. G. On the Issue of Forming Training Datasets to Identify Sources of Dissemination of Extremist Content on the Internet // Scientific and Technical Bulletin of the Volga Region. – 2024. – No. 3. – P. 134-136.
CRIMINALISTICS
AFANASJEVA Viktoriya Ivanovna
lecturer of Criminology sub-faculty, St. Petersburg Academy of the Investigative Committee of the Russian Federation
THE ALGORITHM OF THE INVESTIGATOR’S WORK TO IDENTIFY UNIDENTIFIED CORPSES
The article examines the problem of identifying unidentified corpses during a preliminary check based on materials and investigation of criminal cases. The interrelation of the investigator’s work on the identification of unidentified corpses and the search for missing citizens is being studied. The problem of the lack of an algorithm for the investigator’s work in terms of carrying out a set of measures aimed at identifying unidentified corpses is determined. It is reflected that each unidentified corpse is presumably a missing person, and therefore it is necessary to verify between the specified search categories.
Keywords: unidentified corpse, missing person, the algorithm of the investigator’s work.
Article bibliography
1. Bondarenko E.K. The subsequent stage of the investigation of murders related to the dismemberment of the corpse // Bulletin of science. – 2023. – Vol. 1, No. 6 (63). – P. 462-467.
2. Chernigovsky V.N., Kuzmin M.N. Some features of fingerprinting of living persons and corpses // Philosophy of Law. – 2023.- No. 2 (105). – pp. 153-159.
3. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on October 29, 2024).
CRIMINALISTICS
BUEVICH Olga Leonidovna
lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
METHODS OF STUDYING THE PERSONALITY OF THE ACCUSED (SUSPECT) DURING THE INVESTIGATION OF CRIMES
This article examines the main and modern methods of obtaining information when studying the personality of the accused (suspect), which are essential for the competent investigation of criminal cases, collecting evidence and establishing other circumstances that are important for the criminal case. The author focuses on the directions, methods and techniques of studying the personality of the accused (suspect), analyzes the norms of criminal procedure legislation, as well as practice regarding the issues under consideration. Attention is also drawn to the features of studying the personality at the initial and subsequent stages of the investigation.
Keywords: accused, suspect, identity of the accused, request, response to a request, investigator, investigative actions, investigation, criminal case.
Article bibliography
1. Criminal Procedure Code of the Russian Federation of December 18, 2001 Nº 174-FZ // Access from the SPS “ConsultantPlus” (date of access: 05.11.2024).
CRIMINALISTICS
VESYOLIN Vasiliy Vladimirovich
senior lecturer of Criminalistic techniques sub-faculty of the Training and Scientific Complex of Expert Criminalistic Activities, Volgograd Academy of the MIA of Russia
VNUKOV Vyacheslav Ivanovich
Ph.D. in Law, associate professor of Procedural law and criminalistics sub-faculty, Institute of Law, Volgograd State University
MODERN TECHNICAL AND FORENSIC MEANS USED FOR FINGERPRINTING
The article examines modern technical and forensic lighting equipment offered by forensic equipment manufacturers for use by ECP employees for fingerprinting living persons and corpses. Each of the considered means has its own operating features, as well as positive and negative sides. In order to examine these features in more detail, we conducted a comparative analysis of the considered technical and forensic means intended for fingerprinting, during which their positive and negative sides were considered. The results of this analysis allow us to evaluate their capabilities, as well as to select one or another means depending on the task at hand.
Keywords: crime scene inspection, fingerprinting, automated fingerprint identification system, forensic technology, fingerprinting.
Article bibliography
1. Prokofieva E. V., Bryukh N. V., Chaporova D. V. Some problems of fingerprinting associated with the anatomical and physiological characteristics of the hands of those being fingerprinted // Forensic technology. Collection of scientific papers. – Volgograd, VA Ministry of Internal Affairs of Russia 2021. – P. 118-122.
CRIMINALISTICS
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
DOCUMENTS MATERIAL EVIDENCE IN INVESTIGATION OF CRIMES RELATED TO THEIR FORGERY
This article examines the issues of using specialized knowledge in investigating crimes related to the forgery of official documents. This area of activity of law enforcement officers is traditionally associated with certain difficulties in the process of preparing materials for examination. The author also touches upon the issues of tasks and classification of this type of expert research.
Keywords: forgery, forged document, official document, tasks of examination, preliminary study, examination, use of specialized knowledge.
Article bibliography
1. Toropova M. V. Forensic examination of establishing the relative age of document details: dis. … Cand. of Law in specialty. 12.00.12 – forensics; forensic activity; operational-search activity (legal sciences). – M., 2014.
2. Gadzhikurbanov B. A. Artificial aging of documents as one of the ways to forge documents: methods of suppression // Business in law. – 2009. – № 3.
3. Toropova M. V., Furletov V. I. Study of documents exposed to aggressive influence (analysis of features in the study of intersecting strokes) // Forensic examination: Russian and international experience: Proceedings of the International scientific and practical conference (May 23-24, 2012). – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of Russia, 2012. – P. 147-151.
4. Trosman E. A., Bezhanishvili G. S., Batygina N. A. et al. Methodology for determining the age of execution of requisites in documents by the relative content of volatile solvents in strokes // Theory and practice of forensic examination. – 2013. – № 2 (30). – P. 80-89.
5. Batygina N. A., Bezhanishvili G. S., Orekhova M. V., et al. Establishing the fact of discrepancy between the age of handwritten notes made with ballpoint pens and the date indicated in the document // Expert technique. – M.: RFCSE, 1993. Issue 122. – P. 70-91.
6. Golfarb V. I., Ismagilova G. S., Gorban V. I., Pichkhidze S. Ya. Rubber mixture: patent for invention No. 2220989. Application No. 2002101397/04 dated 11.01.2002, published 10.01.2004.
7. Khavroshina Yu. O., Zakharchenko M. Yu., Melnikov I. N., Pichkhidze S. Ya., Kayrgaliev D. V. Octadecylamine as a corrosion inhibitor in fire extinguishing compositions // Trends in the development of science and education. – 2016. – No. 20-4. – P. 32-33.
8. Melnikov V. V., Pichkhidze S. Ya. Improvement of the ankle joint endoprosthesis // Product quality: control, management, improvement, planning: collection of scientific papers of the 3rd Int. youth scientific-practical. conf.: in 2 volumes. – Kursk, 2016. – P. 53-55.
CRIMINALISTICS
EVLUSHINA Darya Nikolaevna
Ph.D. in Law, associate professor of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
CRIMINALISTIC CHARACTERISTICS OF CRIMES RELATED TO HUMAN TRAFFICKING
The article examines individual elements of the criminalistic characteristics of crimes related to human trafficking. The author pays attention to the category of potential victims, the methods of committing these acts and the identity of the perpetrator. In addition, recommendations are provided aimed at preventing these acts and rehabilitating victims.
Keywords: criminalistic characteristics, crimes, law enforcement agencies, human trafficking, prevention, rehabilitation.
Bibliographic list of articles
1. UN report. [Electronic resource]. – Access mode: https://www.unodc.org/documents/data-and-analysis/tip/2021/GLOTiP_2020_Chapter6.pdf (date accessed: 01.10.2024).
2. Ovsova A. D. Features of the forensic characteristics of human trafficking // Student forum. – 2021. – No. 32-3 (168). – P. 25-27.
3. Guseinov T. A. Personality of the criminal who committed a crime related to human trafficking // Izvestiya Tula State University. Economic and legal sciences. – 2013. – No. 5-2. – P. 64-70.
CRIMINALISTICS
MAKOGON Irina Viktorovna
Ph.D. in Law, associate professor, associate professor of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
BEZVERKHOVA Svetlana Viktorovna
senior lecturer of Special disciplines sub-faculty, Krasnodar University of the MIA of Russia
VIDEO RECORDING AS AN ELEMENT OF FORENSIC TECHNOLOGY USED IN THE COURSE OF INVESTIGATIVE ACTIONS
The article considers the most significant way of recording the collected evidence, fixed in criminal proceedings, such as video recording during the production of investigative actions. The issues of using video recordings at the present stage are significant. Digitalization of modern society certainly makes human life much easier. However, at the stage of investigation of various categories of crimes, investigators are not always willing to use video recording in the production of investigative actions and there are enough reasons for this. For example, the investigators’ lack of relevant knowledge about the capabilities of video equipment and skills in its application. Although videotaping is considered the most effective means in the procedural aspect of recording the events of individual investigative actions and should be used by investigators to the maximum to improve the quality and culture of the preliminary investigation.
Keywords: investigative actions, video recording, investigator, forensic specialist, technical means.
Bibliographic list of articles
1. Kholopov A.V. Innovative means and methods of photographic recording of the scene of an incident // Legality. – 2019. – No. 8. – P. 26.
2. Vinogradova S. L., Shestakova S. D. Issues of admissibility of using audio and video recordings in criminal procedural evidence // Bulletin of the Kaliningrad branch of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (65). – P. 31-33.
3. Ryvkin S. Yu., Konopleva O. P. Use of video recording in the production of investigative actions // My professional career: scientific and practical. electronic journal. – 2019. – V. 4, No. 7. – P. 45.
4. 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). – pp. 116-121.
CRIMINALISTICS
NAZARKIN Evgeniy Valerjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty, Academy of the FPS of Russia
NOVIKOVA Lyudmila Vladislavovna
Ph.D. in Law, associate professor, associate professor of Criminologysub-faculty, Ryazan branch, V. Ya. Kikot Moscow University of the MIA of Russia
FEATURES OF THE TACTICS OF CONDUCTING AN INVESTIGATIVE EXPERIMENT DURING THE INVESTIGATION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN INSTITUTIONS THAT PROVIDE ISOLATION FROM SOCIETY
Тhis article examines the specifics of the tactics of preparing and conducting an investigative experiment during the investigation of a crime related to illicit trafficking in narcotic drugs and psychotropic substances in a penitentiary institution of the Russian penal system. The specific tactical features and techniques at the stage of preparation, conduct and consolidation of an investigative experiment in relation to a correctional institution are considered.
Keywords: narcotic drug, feature, reception, stage of experiment, experience, investigative experiment, penitentiary institution.
Article bibliography
1. Investigation of crimes committed in bodies and institutions of the penal system: a practical guide for investigators, law enforcement officers and operational staff of the penal system / Edited by D.Sc. (Law), prof., Honored Scientist of the Russian Federation E.P. Ishchenko, Ph.D. (Law), associate professor O.A. Belov. – M.: Yurlitinform, 2013. – 376 p.
CRIMINALISTICS
UDOVICHENKO Viktor Sergeevich
senior lecturer of Criminal process sub-faculty, Barnaul Law Institute of the MIA of Russia
SHEBALIN Alexander Vladimirovich
Ph.D. in Law, associate professor, Head of Criminology, St. Petersburg Academy of the Investigative Committee of the Russian Federation
SHELEPOV Kirill Alexandrovich
District commissioner of the police of the OUUP and PD N of the police department for the Central district of the MIA of Russia in Barnaul
ON THE ISSUE OF THE USE OF NON-STATE INFORMATION SYSTEMS IN ENSURING THE PRODUCTION OF INVESTIGATIVE ACTIONS
The article examines the possibilities of using the non-governmental information system “Eye of God” in the activities of the investigator in the preparation and production of investigative actions. The paper analyzes information about the participants of the investigative action, which can be obtained by the investigator using the information system “Eye of God”. It is being studied to which type of evidence the information obtained from the information system “Eye of God” belongs. The necessity of using the information contained in the information system “Eye of God” by the investigator is substantiated. It is shown that the openness of the information contained in the “Eye of God” information system suggests the possibility of their use not only by persons conducting criminal prosecution, but also by intruders.
Keywords: investigative actions, non-governmental information systems, “The Eye of God”.
Article bibliography
1. On information, information technology and information protection [Electronic resource]: Federal Law of July 27, 2006 No. 149-FZ // Electronic data. – Consultant plus – reference legal system. – 2024. (date of access: October 16, 2024).
2. Criminal Procedure Code of the Russian Federation. [Electronic resource]: Federal Law of December 18, 2001 No. 174-FZ // Electronic data. – Consultant Plus – reference legal system. – 2024. (date of access: 10/16/2024).
3. Zemskov I. N., Ibishov M. R. Current issues of using the non-governmental information system “Eye of God Bot” by operational units of the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia // Penitentiary law: legal theory and law enforcement practice. – 2023. – No. 3 (37). – P. 80-84. – EDN QETRIS.
4. Bot and everything about it. The authorities want to block services for collecting data in Telegram. [Electronic resource]. – Access mode: https://www.kommersant.ru/doc/4721118 (date of access: 10/16/2024).
5. The court recognized the activities of a service for the sale of personal data as illegal. [Electronic resource]. – Access mode: https://rkn.gov.ru/news/rsoc/news73728.htm (date of access: 10/16/2024).
6. The senator asked RKN and the Prosecutor General’s Office to check and block the “Eye of God” service. [Electronic resource]. – Access mode: https://tass.ru/obschestvo/18373775 (date of access: 10/16/2024).
7. “I give free access to all security officials”: an interview with the creator of “Eye of God”. [Electronic resource]. – Access mode: https://www.gazeta.ru/tech/2021/07/28/13809278/antipov_eyeofgod.shtml (date of access: 16.10.2024).
CRIMINALISTICS
FIRSOV Gennadiy Vitaljevich
Deputy Head of Fundamentals of forensic science sub-faculty of the Training and Scientific Complex of Expert-CriminalisticActivity, Volgograd Academy of the MIA of Russia
SIGERICH Mikhail Yaroslavich
lecturer of Document examination sub-faculty of the Training and Scientific Complex of Expert-Criminalistic Activity, Volgograd Academy of the MIA of Russia
POSSIBILITIES OF ESTABLISHING THE IDENTITY OF A PERSON WITH SIGNS OF CERTAIN DISEASES
The article is devoted to the study of methods of identification in the context of crime investigation, paying special attention to the analysis of external characteristics of a person containing signs of certain types of diseases. Approaches to the description of appearance are considered. Attention is paid to the problems associated with changes in appearance as a result of pathological diseases and surgical interventions, their impact and research opportunities. The analysis of existing methods of describing appearance is given and ways to improve them in creating verbal descriptions and subjective portraits of the appearance of a person are proposed, while the effectiveness and efficiency of this approach are substantiated.
Keywords: identification, criminalistics, identification by the appearance of a person, subjective portrait.
Article bibliography
1. Davydov E. V. Modern possibilities of using subjective portraits in the practice of solving and investigating crimes; Volgograd Academy of the Ministry of Internal Affairs of Russia. – Volgograd, 2012. – 72 p.
2. Zinin A. M. Human appearance in criminalistics and forensic examination: Monograph. – Moscow: Publishing house “Yurlitinform”, 2015. – 200 p.
3. Cherkashina I. I. Problems of training specialists in the field of producing subjective images // Forensic examination. – 2008. – No. 2 (14). – P. 87-94.
4. Vinichenko I. F., Zhitinikov V. S., Zinin A. M., et al. Forensic description of a person’s appearance: Textbook / Under the general editorship of Snetkov V. A.; Moscow Legal Institute of the Ministry of Internal Affairs of Russia. – Moscow: Shchit-M, 2002.
5. Solodova T. A. Features of investigative identification of persons with altered appearance // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2019. – No. 1. – P. 201-207.
6. Matyushkina A. V., Ulaikina Yu. S. Improvement of the regulatory framework for identifying a person based on signs of altered appearance // Legal science. – 2022. – No. 2. – P. 77-82.
CRIMINALISTICS
SHAVKAROVA Elena Evgenjevna
senior lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
BUEVICH Olga Leonidovna
lecturer of Preliminary Investigation sub-faculty of the Educational and methodological complex for the preliminary investigation in the DIA, Volgograd Academy of the MIA of Russia
INVESTIGATIVE INSPECTION: THE CONCEPT AND TYPES
One of the initial and important investigative actions is inspection. In the current reality, inspection, as an investigative action, has many forms and types and can be carried out at different stages of legal proceedings, in this regard, it is necessary to pay attention to the tactical features of the production of this investigative action in the conditions of changing crime.
Keywords: inspection, investigative action, scene of the incident, objects of inspection, recording of traces, seizure of traces.
Article bibliography
1. Zhilina N. Yu. Concept and essence of investigative inspection // Humanitarian, socio-economic and social sciences: new approaches and methods. – Belgorod: Limited Liability Company “Agency for Advanced Scientific Research”, 2021. – P. 82-84.
2. Puptseva A. V. Some Features of the Initial Stage of Investigation of Serious Violent Crimes against Life and Health Committed in the Sphere of Domestic (Family and Domestic) Relations // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (44). – pp. 141-146.
CRIMINALISTICS
VASILJEV Dmitriy Vladimirovich
senior lecturer of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
SHAMSHINA Olga Sergeevna
senior lecturer of Preliminary investigation sub-faculty, Volgograd Academy of the MIA of Russia
ASPECTS OF APPOINTING A FORENSIC TECHNICAL EXPERTISE BASED ON THE LIMITATION OF EXECUTION OF DETAILS IN A DOCUMENT
In this article, the author examined the issues of preparing and appointing an examination to establish the limitation of execution of details in a document. This type of expert examination requires law enforcement officers to have certain knowledge of the objects that must be provided for the expert’s permission, as well as to formulate questions to the expert in a high-quality manner.
Keywords: examination, preliminary examination, limitation of execution of details, document, questions to the expert, appointment of an examination, objects of expert examination.
Article bibliography
1. Toropova M. V. Forensic examination of establishing the relative age of execution of document details: dis. … candidate of legal sciences in specialty. 12.00.12 – forensics; forensic activity; operational-search activity (legal sciences). – M., 2014.
2. Gadzhikurbanov B. A. Artificial aging of documents as one of the ways to forge documents: methods of suppression // Business in law. – 2009. – № 3.
3. Toropova M. V., Furletov V. I. Study of documents exposed to aggressive influence (analysis of features in the study of intersecting strokes) // Forensic examination: Russian and international experience: Proceedings of the International scientific and practical conference (May 23-24, 2012). – Volgograd: Volgograd Academy of the Ministry of Internal Affairs of Russia, 2012. – P. 147-151.
4. Trosman E. A., Onishchenko A. A., Orekhova M. V. et al. Forensic examination of writing materials in strokes // Expert technique. – M.: RFCSE. 1993. Issue. 122. – P. 3-69.
5. Trosman E. A., Bezhanishvili G. S., Batygina N. A., et al. Methodology for determining the age of details in documents based on the relative content of volatile solvents in strokes // Theory and Practice of Forensic Science. – 2013. – No. 2 (30). – P. 80-89.
6. Batygina N. A., Bezhanishvili G. S., Orekhova M. V., et al. Establishing the fact of discrepancy between the age of handwritten notes made with ballpoint pens and the date indicated in the document // Expert technique. – M.: RFCSE, 1993. Issue. 122. – P. 70-91.
7. Chertkova T. B., Trosman E. A. Modern Possibilities of Forensic Document Examination // Theory and Practice of Forensic Examination. – 2006. – No. 2.
CRIMINALISTICS
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of Administrative affairs in the DIA sub-faculty, St. Petersburg University of the MIA of Russia
ON THE ISSUE OF IMPROVING THE LEGAL REGULATION OF THE USE OF FIREARMS AND NON-LETHAL WEAPONS BY POLICE OFFICERS
The article discusses controversial issues about the sufficiency of grounds for the use of weapons. The author notes that from 2011 to the present, no changes have been made to federal legislation, although the State Duma has considered proposals on the possibility of using firearms. The article concludes that it is necessary to develop the concept of “non-lethal weapons”, assess the social consequences of the use of such weapons and, based on them, introduce a separate rule into the Federal Law “On Police”, which will define the concept of “non-lethal weapons”, the types of such weapons, the grounds and prohibitions of their use.
Keywords: forensics; digitalization; crime; artificial intelligence; cybercrime.
Article bibliography
1. Drozdov D. E. Historical prerequisites for the formation of criminal liability for the use of violence against a police officer // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2017. – No. 1. – P. 145-147.
2. On the police: Federal Law of February 7, 2011 No. 3-FZ. Access from the reference and legal system “ConsultantPlus”.
3. The system of ensuring legislative activity. [Electronic resource]. – – Access mode: https://sozd.duma.gov.ru/ (date of access: 11/12/2024).
4. Administrative activity of the police: textbook / R. Yu. Avrutin [et al.]. – Saint Petersburg: Saint Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2024. – 576 p.
5. Mamontov D. Yu. Police officer as a subject of failure to provide assistance to a patient // Law and Right. – 2018. – No. 11. – P. 80-82.
6. Baturin A. A., Kozlyakov A. A., Kopylov V. V. Problems and legal basis for the procedure for the use of firearms by employees of the Internal Affairs Directorate of the Russian Federation // Bulletin of Economic Security. – 2019. – No. 3. – P. 290-294.
7. Appellate ruling of the Stavropol Regional Court dated July 1, 2015 in case No. 22-3183 / 2015 // SudAkt. Judicial and regulatory acts of the Russian Federation. [Electronic resource]. – Access mode: www.sudact.ru/regular/doc/DvAtZgY9lfYz/ (date of access: 11/12/2024).
CRIMINALISTICS
KHALIULLINA Aigul Faatovna
Ph.D. in Law, associate professor of Criminalistics sub-faculty, Institute of Law, Ufa State University of Science and Technology
CRIMINALISTIC METHODS OF PREVENTING JUVENILE DELINQUENCY
The subject of the scientific article is the patterns of prevention of criminal activity of minors. The purpose of the study is to develop tactical recommendations and algorithms for investigating officers to prevent crimes involving minors. The meThe thodological basis was the analysis of theoretical provisions regarding the place of crime prevention in the system of criminology, as well as methods of questioning and interviewing. The conclusions and recommendations proposed in this article can serve as a practical guide in investigative activities, as well as in theoretical developments on this topic.
Keywords: minors, crime prevention, crime investigation methodology, investigator’s algorithm.
Article bibliography
1. Gross G. Guide for forensic investigators as a system of forensic science. – St. Petersburg, 1908. – P. 345.
2. Zhidkov D. N. On the need to develop forensic public prevention in order to organize counteraction to cybercrime in the territory of the Russian Federation // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (91). – P. 147
3. Zaynullin R. I. Forensic prevention – myth or reality? // Kriminalist. – 2023. – No. 4 (45). – P. 53-58.
4. Ivanov I. I. Forensic methodology and issues of investigative crime prevention // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2003. – No. 1 (17). – P. 125.
5. Kolesnichenko A. N. Scientific and legal foundations for the investigation of certain types of crimes: author’s abstract. diss. … doctor of law. – Kharkov, 1967. – P. 26.
6. Makhtayev M. Sh., Yablokov N. P. Forensic prevention: history of formation, modern problems: monograph. – M.: Yurlitinform, 2016. – P. 50.
7. Podolny N. A. Forensic prevention of crimes committed by organized youth groups // Legal state. – 2024. – No. 2. – P. 74-80.
8. Polstovalov O. V. Forensic support for the prevention, investigation and detection of crimes committed by bloggers: outlines of the species characteristics // Legal state. – 2024. – No. 2. – P. 81-89.
9. Polstovalov O. V. Mathematical modeling based on the theory of causality in application to forensic characteristics and crime prevention // Legal state. – 2020. – No. 4 (62), Part 1. – P. 154.
10. Friedman I. Ya. Crime prevention issues in forensic examination of documents. – Kyiv: KNIISE, 1968. – P. 18.
11. Chemeris A. V., Khalikov A. A., Garafutdinov R. R., Chemeris D. A., Sakhabutdinova A. R., Khaliullina A. F., Galyautdinov R. R., Sagidullin R. Kh., Aminev F. G. Genetic problems of DNA portraiture. as part of DNA phenotyping: review // Forensic medicine. – 2024. – T. 10, No. 3. – P. 399-410.
CRIMINALISTICS
KHAYRUSOV Denis Sergeevich
Ph.D. in Law, associate professor of Administrative affairs in the DIA sub-faculty, St. Petersburg University of the MIA of Russia
COUNTERING CRIME IN THE ERA OF DIGITAL SOCIETY: THE FORENSIC ASPECT
The article examines the criminalistic aspects of the digital transformation of crime prevention in the era of digital society. The author answers the question whether the digitalization of society should lead to the adaptation of theories commonly used in criminology. It is concluded that the digitalization of society implies a change in the forensic paradigm, and this is a serious problem for current theoretical approaches to combating crime.
Keywords: forensics, digitalization, crime, artificial intelligence, cybercrime.
Article bibliography
1. Actual problems of forensic science: a tutorial / T. A. Badzgaradze, E. V. Gorkina, E. S. Pereverzeva. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2024.
2. Kurin A. A. Forensic registration as an integrating link in the system of information support for solving and investigating crimes // Problems of combating crime in the context of digitalization: theory and practice: Collection of articles of the XVIII International Scientific and Practical Conference, Barnaul, June 29, 2020 / Responsible for editors S. I. Davydov, V. V. Polyakov. – Volume 1. – Issue XVI. Barnaul: Altai State University, 2020. – Pp. 128-133.
3. Lebedev M. D., Savvoev S. A. Using Artificial Intelligence in Crime Investigation // Skif. – 2020. – No. 7 (47). – Pp. 73-77.
4. Smushkin A. B. Strategic Aspects of Digital Transformation of Crime Investigation, Detection and Prevention // Vestn. Tom. state University. – 2022. – No. 478. – P. 244-250.
CRIMINALISTICS
KAMALOV Maxim Rustemovich
adjunct, V.Ya. Kikot Moscow University of the MIA of Russia
INVESTIGATIVE ACTIONS AIMED AT DETECTING MATERIALLY FIXED INFORMATION DURING THE INVESTIGATION OF THEFTS COMMITTED AT RETAIL ENTERPRISES
This article discusses the specifics of conducting investigative actions aimed at detecting materially fixed information in the investigation of thefts committed at retail enterprises: inspection of the scene, search, seizure, examination and obtaining samples for comparative research. In addition, within the framework of the study, the traces of a crime left when committing a theft at a retail outlet are highlighted, which can serve as a basis for proving the involvement of a person in the committed act.
Keywords: human and civil rights and freedoms, crime prevention, operational investigative measures, criminal proceedings, operational investigative activities, interrogation of operational law enforcement officials, interrogation of a witness, an operational officer, limits of the use of evidence.
Article bibliography
1. Volodikova I. V., Vasyukov V. F. Some features of working with materially fixed images in the investigation of crimes committed in conditions of non-obviousness // Prologue: journal on law. – 2022. – No. 4 (36). – P. 134.
2. Tsenova T. L., Moroz A. V. Study of material traces of crime // Theory and practice of social development. – 2011. – No. 1. – P. 201.
CRIMINALISTICS
TAYTUBAEVA Laura Muratovna
adjunct, Academy of Management of the MIA of Russia
THE USE OF UNMANNED AIRCRAFT IN RECORDING CRIMINALLY SIGNIFICANT INFORMATION DURING THE INSPECTION OF THE SCENE
The article discusses the relevance and possibilities of aerial photography from an unmanned aircraft when recording criminally significant information during an inspection of the scene. The tactics of using unmanned aircraft during the inspection of the scene are proposed. The author also substantiates the effectiveness of using the reconstruction of a three-dimensional model based on photographs obtained using UAVS in the investigation of certain types of crimes.
Keywords: inspection of the scene, aerial photography, unmanned aircraft, reconstruction, tactics of investigative actions
Article bibliography
1. Sevastyanov P. V. Digital technologies for recording non-verbal evidentiary information: dis. … Cand. of Law: 5.1.4. – Moscow, 2024. – P. 194.
2. Baryshnikov K. V., Chervyakov M. E. On the issue of using unmanned aerial vehicles during the inspection of the crime scene // Epoch of Science. – 2018. – No. 14. – P. 19-22.
3. Gukov A. A., Gukov A. A., Kholodkov K. I. Methodology for using a multicopter unmanned aerial vehicle when inspecting road accident sites. Collection of reports from the round table “Training of law enforcement officers using UAVs in their activities” / Under. general ed. A. A. Yakovenko. – Moscow: FKU NPO “STiS” of the Ministry of Internal Affairs of Russia. – 2024. P. 22-28.
4. Danilkin I. A., Danilkina V. M. Use of modern technical means in the daily practical activities of forensic units of Moscow // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2023. – No. 4. – P. 84-91.
5. Gavrilin Yu. V., Saleeva Yu. E. On the concept of state scientific and scientific-technical policy in the field of forensic support for the fight against crime // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2023. – No. 4 (68). – pp. 80-87.
CRIMINALISTICS
YACHMENEVA Mariya Andreevna
assistant of Criminalistics sub-faculty, Institute of Law, Ufa University of Science and Technology
ON THE ISSUE OF THE SITUATION OF CRIMES RELATED TO DRUG TRAFFICKING COMMITTED WITH THE PARTICIPATION OF MINORS
The article analyzes various variants of the concept of “crime scene” and gives a definition corresponding to the author’s opinion. The article also examines the elements of the situation of committing crimes related to drug trafficking committed with the participation of minors, based on the analysis of judicial and investigative practice, patterns of committing such crimes are identified, and a variant of the typical situation of committing the category of crimes under consideration is proposed.
Keywords: crime scene, juvenile, crimes related to drug trafficking.
Article bibliography
1. Annenkova T. S. The situation of the crime and forensic methods of its investigation: diss. … candidate of legal sciences. – Saratov, 2007.
2. Vinokurov S. I. The main issues of the methodology of investigating criminal violations of the rules for handling explosives: author’s abstract. diss. … candidate of legal sciences. – M., 1967. – P. 16.
3. Dvoretsky M. Yu., Avdeev R. V. Causes and conditions of crime // Bulletin of TSU. – 2014. – Issue 12 (140).
4. Kovalev A. V. Forensic characteristics of crimes in the field of protecting the life and health of workers in the process of their industrial activities // Current trendsdevelopment of forensic tactics and methods of investigation: materials of the extended meeting of the Academic Council of the All-Union Institute for the Study of Causes and Development of Crime Prevention Measures. – 1978
5. Yablokov N. P. Forensic Science: textbook. 2nd ed., revised and enlarged. – M., 2008.
CRIMINOLOGY
ASMANDIYAROVA Nailya Rimovna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, Bashkir Academy of Public Service and Management under the Head of the Republic of Bashkortostan, Ufa
APPLICATION OF THE QUESTIONNAIRE METHOD IN TEACHING ANTI-CORRUPTION DISCIPLINES
This paper updates the problem related to combating corruption in Russia. The author gives a description of crimes related to bribery: their condition, structure, dynamics, personality traits of a corrupt official. The application of the questionnaire method in teaching anti-corruption disciplines is justified. The results obtained during the testing of the proposed questionnaire are analyzed.
The effectiveness of using this method for self-diagnostics of students for the formation of an intolerant attitude towards corruption is summarized.
Keywords: anti-corruption, questioning, bribery, zero tolerance for corruption, prevention.
Article bibliography
1. According to the State Information and Analytical Center of the Ministry of Internal Affairs of Russia. [Electronic resource]. – Access mode: www.mvd.ru (date of access: 11.09.2024).
2. Crime and offenses: statistical collection (2019-2023). Ministry of Internal Affairs of the Russian Federation, Judicial Department under the Supreme Court of the Russian Federation, Department of Supervisory Activities and Preventive Work of the Ministry of the Russian Federation for Civil Defense, Emergencies, and Elimination of Consequences of Natural Disasters. – Moscow, 2024. – 178 p.
3. Maksimov S. V. Corruption. Law. Responsibility. 3rd ed. revised and enlarged. – M.: Institute of State and Law of the Russian Academy of Sciences, 2017. 290 p.
CRIMINOLOGY
ILIKBAEVA Evgeniya Sergeevna
Ph.D. in Law, senior lecturer of Criminal process and criminalistics sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol, major of police
NESTERENOK Yuriy Vladimirovich
senior lecturer of Physical training and sports sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol, lieutenant colonel of police
PREVENTION OF EXTREMIST AND TERRORIST HATE CRIMES
At present, issues related to countering and preventing extremist and terrorist crimes on the territory of the Russian Federation are a priority. Based on the National Security Strategy of the Russian Federation, threats to state security include the activities of terrorist and extremist organizations and the activities of the state should be aimed primarily at preventing these types of crimes. This is how the article examines the role of district police officers in preventing extremist crimes (including hate crimes). The district police officer should study the characteristics of persons who live in this territory. And check the places of possible appearance of such groups. It is important to carry out preventive actions of both group and individual. When identifying single hate crimes, the investigator, together with operational officers, must establish whether there are signs that the person is a member of an extremist community (extremist organization).
Keywords: prevention of extremist crimes, prevention of terrorist crimes, extremist crimes committed based on hatred, prevention of crimes, countering extremism, district police officers.
Article bibliography
1. Abazov I. S. “Features and specifics of tactical actions of police units in ensuring public order at mass events” // Theory and practice of social development. – 2016. – No. 2. – P. 75-78.
2. Salakhutdinov A. A. Social networks as an information channel for extremist material. – Text: direct // Young scientist. – 2014. – No. 17 (76). – P. 561-564. [Electronic resource]. – Access mode: https://moluch.ru/archive/76/13119/ (date of access: 12/10/2024).
3. Fakov A. M. Territory of terrorism and prevention of terrorist acts // Gaps in Russian legislation. – 2014. – No. 5. – P. 165-166.
CRIMINOLOGY
NASREDDINOVA Kristina Alexandrovna
Ph.D. in Law, associate professor, associate professor of the HAC, Professional discipline sub-faculty, Samara law Institute of the FPS of Russia
FACTORS INFLUENCING THE COMMISSION OF INDECENT ACTS, TAKING INTO ACCOUNT THE ANALYSIS OF THE PERSONALITY OF THE CRIMINAL
The analysis of criminological characterristics of a person is necessary for any law enforcement officer, because it allows to create a criminological portrait of a person capable of committing a crime. At the same time, any socio-demographic characteristic of the personality of a person accepting a bribe cannot directly indicate the possibility of committing a crime by the person possessing it. But the analysis of these characteristics allows to build a possible generalized criminological portrait, which can help in more effective application of preventive measures to the group of persons who are most prone to committing a corruption crime. This article is devoted to the analysis of statistical data from the Judicial Department under the Supreme Court of the Russian Federation, the Prosecutor General’s Office and the Ministry of Internal Affairs of the Russian Federation, which made it possible to fully compile a modern criminological portrait of a person accepting a bribe based on data for 2020-2023.
Keywords: bribery, identity of the criminal, official, corruption, corruption crime.
Article bibliography
1. All statistical data on crime in the Russian Federation were presented based on the analysis of materials from the official website of the Judicial Department of the Supreme Court of the Russian Federation / section judicial statistics. [Electronic resource]. – Access mode: http://www.cdep.ru/ (date of access: 09/05/2024).
CRIMINOLOGY
GONCHAROV Yuriy Nikolaevich
postgraduate student of Prosecutorial supervision and criminology sub-faculty, Saratov State Law Academy
VIOLENT CRIME AND ITS MOTIVATION
The article is devoted to the analysis of the role of motive in violent crimes; clarification of the modern content of the concept of violent crime, consideration of specific types of violence, possible forms of manifestation of violence methodological basis served comparative – legal and formal – logical methods of research, logical, systemic, linguistic, formal – legal methods. The essential criteria that distinguish violent crime from other types of crime are defined. Attention is emphasized on criminological approaches to the interpretation of the content of the concept of violence. Types and forms of violence, as well as its legal and sociological content are analyzed. The expediency of deterministic approach to determining the essential content of the concept of violent crime is substantiated, the necessity of taking into account the qualitative characteristics of violent crime, the development of measures to counteract specific forms of violent crime, the role of motive in committing a violent crime is substantiated. The purpose of the article is to study the essential content of the concept of violent crime, which may further affect the development of effective measures to counteract this socially dangerous phenomenon in society.
Keywords: violence, motivation, crime, types of violent crime, forms of violent crime, content.
Bibliographic list of articles
1. Starkov O. V. Tyumenev A. V. Criminoviolensology (the doctrine of criminal violence). – M.: Yurlit-inform, 2012. – P. 445.
2. Antonyan Yu. M., Eminov V. E. Personality of the criminal. Criminological and psychological research: monograph. – M.: Norma: INFRA-M, 2022. – 368 p.
3. Sukhov A. N., Starikova O. V., Molostvov A. V. Criminal violence in the family: personal aspect: monograph. – M.: FLINTA, 2019. – 74 p.
4. Novikova Yu. V. Mechanism of determination of criminal behavior as an element of criminological characteristics of crimes // Actual problems of Russian law. – 2014. – No. 5. – P. 930-937.
5. Antonyan Yu. M., Kolyshnitsyna E. N. Motivation of behavior of convicts: Monograph. – M., 2012. – P. 134.
CRIMINOLOGY
PUZARIN Roman Olegovich
postgraduate student, Penza State University.
CRIMINOLOGICAL CHARACTERISTICS OF A PERSON WHO COMMITTED A CRIME UNDER ARTICLE 148 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
This work is a review of the criminological characteristics of persons committing a crime under Article 148 of the Criminal Code of the Russian Federation, covering both the theoretical aspect of the components of this characteristic and the actual personal ones based on statistical data. The work examines various aspects of the criminal’s personality, provides a brief description of each aspect with further specification within the framework of the specifics of Article 148 of the Criminal Code of the Russian Federation.
Keywords: criminology, personality characteristics, crime against freedom of conscience.
Article bibliographic list
1. Constitution of the Russian Federation of 12.12.1993 // Collection of Legislation of the Russian Federation. – 2009. – No. 4. – Art. 445.
2. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 23.11.2024) // Rossiyskaya Gazeta. – 1996. – No. 113.
3. Ignatov A. N. Socio-demographic and criminal-legal characteristics of the personality of a modern violent criminal // Criminology: yesterday, today, tomorrow. Journal of the St. Petersburg International Criminological Club. – 2015. – No. 4 (39). – P. 93-98
4. Kazantseva N. V. Features of the personality of a criminal committing crimes that infringe on freedom of conscience // Gaps in Russian legislation. – 2016. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-lichnosti-prestupnika-sovershayuschego-prestupleniya-posyagayuschie-na-svobodu-sovesti (date of access: 04.12.2024).
5. Petryanin A. V. Counteracting extremist crimes: criminal-legal and criminological aspects: dis. … Doctor of Law. – M., 2014. – 501 p.
CRIMINOLOGY
FEDOROV Alexander Fedorovich
Ph.D. in pedagogical sciences, associate professor, professor of Criminal law and criminology sub-faculty, Barnaul Law Institute of the MIA of Russia
PREVENTION BY DISTRICT POLICE OFFICERS OF CRIMES RELATED TO ILLEGAL DOCUMENT TRAFFICKING
The article deals with the analysis of the current state, level, structure and dynamics of crimes related to illegal document trafficking. The author reveals the characteristics of the personality of criminals and the main determinants of the crimes under consideration. Based on the information received, preventive measures are proposed by the units of the district police officers.
Keywords: documents, illegal trafficking, prevention, local police officers.
Bibliographic list of articles
1. Archive of the Khabarovsk District Court of the Altai Territory. Case No. 1/42-2022.
2. Botvin I. V. Modernization of the Criminal Law in the Era of Digitalization // The Penal System Today: Interaction of Science and Practice: Proceedings of the XXII All-Russian Scientific and Practical Conference, Novokuznetsk, October 19-20, 2022 / Ed. A. G. Chirikov. Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2022. Pp. 76-78.
3. Botvin I. V. Modern Determinants of Crimes against Property // Almanac of Young Scientists: Collection of Scientific Articles. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2022. Pp. 47-50.
4. Botvin I. V. Modern problems of preventing domestic violent crime by district police officers // Actual problems of combating crimes and other offenses: materials of the twentieth international scientific and practical conference / Ed. D. L. Prokazin. Barnaul: Barnaul Law Institute of the Ministry of Internal Affairs of Russia, 2022. Part 2. Pp. 12-13.
5. In Moscow, employees of the Ministry of Internal Affairs of Russia stopped the activities of an illegal printing house and withdrew more than a thousand counterfeit documents from circulation. [Electronic resource]. – Access mode: https://мвд.рф/mvd/structure1/Glavnie_upravlenija /Glavnoe_upravlenie_ugolovnogo_roziska/Publikacii_i_vistuplenija/item/54278822/ (date of access: 22.08.2024).
6. Official website of the Judicial Department under the Supreme Court of the Russian Federation. Report on the demographic characteristics of convicts for all crimes of the Criminal Code of the Russian Federation. [Electronic resource]. – Access mode: http://www.cdep.ru/userimages/sudebnaya_statistika/2023/k5_1-svod_vse_sudy-2023.xls (date of access: 14.08.2024).
7. Collection on Russia “Unified Crime Report”. [Electronic resource]. – Access mode: http://10.5.0.16/csi/files/content/stat/books/text/txt491 (date accessed: 7.04.2024).
LAW ENFORCEMENT AGENCIES
BELOVA Svetlana Nikolaevna
senior lecturer of Physical training and applied martial arts sub-faculty, St. Petersburg University of the MIA of Russia
ZAKHAROVA Elena Evgenjevna
senior lecturer of Administrative activities of internal affairs bodies sub-faculty, St. Petersburg University of the MIA of Russia
SOBOLEVA Mariya Mikhaylovna
Deputy Head Administrative activities of internal affairs bodies sub-faculty, St. Petersburg University of the MIA of Russia
THE PROBLEM OF INSUFFICIENT PHYSICAL TRAINING OF THE EMPLOYEES OF THE INVESTIGATIVE DEPARTMENT OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
Physical training plays a special role in the activities of the employees of the Ministry of Internal Affairs, the purpose of which is to form the physical readiness of employees to successfully perform their official tasks, competently and effectively use physical force, including combat techniques. At the same time, the role of physical training as one of the most important elements of training law enforcement officers are objectively high. First of all, it is the primary basis in the practical activities of employees to ensure the legality and safety of public order, as well as to maintain a worthy image of a representative of power in the Russian Federation.
Currently, one of the problems is the insufficient level of physical development of employees of investigative units.
This problem is of particular importance in the professional sphere of justice employees, since the investigative unit is part of the structure of the Ministry of Internal Affairs of the Russian Federation, whose policy is aimed at maintaining a high level of physical fitness of its employees.
In connection with the relevance of the identified problem, it is advisable to determine the main reasons that lead to its occurrence and discuss effective measures to solve it.
Keywords: physical training; employees of the investigative unit; internal affairs agencies.
Article bibliography
1. Shloma D. S. Physical training as a basis for professional activities of law enforcement officers // Young scientist. – 2022. – No. 23 (418). – P. 171-173. – EDN WHLVON.
2. Kardanov A. K. Some issues of physical training of police officers, applied focus // Black holes in Russian legislation. – 2016. – No. 4. – P. 96-97. – EDN WMNFMZ.
3. Belova S. N., Zakharova E. E. The problem of excess weight of police officers and its negative impact on the performance of official duties // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 422-424. – EDN JFZGDS.
LAW ENFORCEMENT AGENCIES
GOLODOV Pavel Vasiljevich
Ph.D. in Law, associate professor, Head of Administrative and legal disciplines sub-faculty, Faculty of Law, Vologda Institute of Law and Economics of the FPS of Russia
CHETINA Anastasiya Andreevna
magister student, Faculty of Psychology and Law, Vologda Institute of Law and Economics of the FPS of Russia
SEPARATE PROBLEMS OF LEGAL REGULATION OF INTERACTION OF SUBJECTS OF RE-SOCIALIZATION, SOCIAL ADAPTATION AND SOCIAL REHABILITATION OF PERSONS REGISTERED IN THE PENAL INSPECTION
The article analyzes the organizational and legal aspects of the activities of subjects of re-socialization, social adaptation and social rehabilitation of persons registered in the penal inspection. A number of theoretical, legal and applied problems of their professional interaction have been identified, and proposals have been developed to improve legislation and law enforcement practice. There is a lack of normative algorithms for solving the most typical social problems of convicts, as well as mechanisms for their financing. It is proposed to create a state body coordinating the activities of probation subjects at the regional level, as well as the inclusion of local governments, municipal institutions, public organizations, commissions on juvenile affairs and protection of their rights among probation subjects. The implementation of probation should provide for proper parity of the social rights of former convicts with the rights of other citizens who find themselves in a difficult life situation.
Keywords: penal enforcement inspection, alternative punishments, probation, re-socialization, social adaptation, social rehabilitation, interdepartmental interaction
Article bibliography
1. Volkhovsky R. A. Theoretical and legal content of the activities of criminal-executive inspectorates for the resocialization of persons sentenced to punishments not associated with isolation from society // Law and Right. 2022. No. 2. P. 140-142.
2. Abaturov AI, Korovin AA Probation Service: Foreign Experience: Monograph / Under the general editorship of N. B. Khutorskaia. Kirov: Spektr-Print, 2013. 174 p.
3. Skiba AP Resocialization of convicts: some theoretical and legal aspects // Criminal-executive law. 2023. Vol. 18 (1-4), No. 4. P. 434–445.
4. Sukhov AN Social and psychological foundations of resocialization of convicts // Psychology and pedagogy of service activity. 2024. No. 1. P. 39-42.
LAW ENFORCEMENT AGENCIES
KUSHKHOV Khazhmurat Lionovich
senior lecturer of Theory and history of state and law sub-faculty, Institute of Law, Economics and Finance, Kabardino-Balkarian State University, Cherkessk
MASHUKOV Amur Safarbievich
lecturer of Fire training sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, colonel of police
ON SOME ASPECTS OF PROFESSIONAL COMPETENCE OF A POLICE OFFICER
The article examines aspects of professional competence of police officers required in extreme conditions of service, and in particular, during counter-terrorism operations. The most negative factor in this case is the lack of information, since this sometimes leads to the loss of precious time. It is concluded that the professional competence of an employee of the internal affairs bodies (IAB) during a counter-terrorism operation should include several key aspects: knowledge of legislation, tactical training, psychological stability, communication skills, analytical abilities, technical skills. These aspects allow for the effective performance of tasks within the framework of counter-terrorism operations.
Keywords: professional competence, extreme situation, motor skill, professional training, self-defense techniques, detention of a criminal.
Article bibliography
1. Baranov A. M. Historical and theoretical analysis of the relevance of tactical motor actions of law enforcement officers during counter-terrorism operations and other special events // Actual problems of physical and special training of law enforcement agencies. – 2021. – No. 3. – P. 11-18.
2. Ovchinnikov V. V. On the role of the internal affairs bodies of the Russian Federation in countering current terrorist threats // Current research. – 2023. – No. 36 (166). – P. 59-62.
3. Okhotnikov Yu. M. Features of the organization of psychological work with employees of internal affairs bodies during the preparation and implementation of operational-service activities in special conditions // In the collection: Professional education of employees of internal affairs bodies. Pedagogy and psychology of service activities: state and prospects (on the 20th anniversary of the foundation of the Moscow University of the Ministry of Internal Affairs of Russia named after V. Ya. Kikot). Collection of scientific papers of the VI International Conference. – Moscow, 2022. – P. 298-302.
4. Tarasenko A. A., Klykova E. V. Organizational and methodological aspects of training employees of internal affairs bodies for actions in small combat groups // Problems of law enforcement activity. – 2023. – No. 1. – P. 50-55.
5. Shuvalov A. P., Abrosimova E. M. Actual issues of tactical and special training of police officers for service in special conditions // Law and Order. – 2023. – No. 3. – P. 253-256.
LAW ENFORCEMENT AGENCIES
MALKOVA Larisa Leonidovna
Ph.D. in economical sciences, associate professor, associate professor of Economics, management and engineering and technical support of the activities of the penal enforcement system sub-faculty, Faculty of Engineering and Economics, Vologda Institute of Law and Economics of the FPS of Russia
CRITERIA FOR ASSESSING INDIVIDUAL NEED FOR RE-SOCIALIZATION, SOCIAL ADAPTATION AND SOCIAL REHABILITATION IN THE PROCESS OF PROBATION: CONTENT AND WAYS OF IMPROVEMENT
The article presents a scientific analysis of the types and content of criteria for assessing individual need for re-socialization, social adaptation and social rehabilitation of persons in respect of whom probation is applied. Based on the results of the conducted empirical research, suggestions for their improvement are given.
Keywords: probation, post-retirement probation, re-socialization, social adaptation, social rehabilitation, difficult life situation, criteria of need.
Article bibliography
1. Starostin S. A., Aniskina N. V. Probation Service in Russia: Policy Choice and Development Prospects // Penitentiary Science. – 2022. – Vol. 16, No. 2 (58). – P. 204-212.
2. Golodov P. V. Probation in the Russian Federation: Some Problems of Content and Legal Regulation // Penitentiary Science. – 2022. – Vol. 16, No. 2 (58). – P. 194-203.
3. Lityagin N. N. Revision and systematization of legislation // State and Law. – 2003. – No. 4. – P. 26-32.
LAW ENFORCEMENT AGENCIES
NAZAROVA Marina Grigorjevna
Ph.D. in philosophical sciences, associate professor, associate professor of Humanitarian and socio-economic disciplines sub-faculty, Vladimir Law Institute of the FPS of Russia, colonel of the internal service
ABOUT SOME ETHICAL PROBLEMS IN THE ACTIVITIES OF AN EMPLOYEE OF THE PENAL ENFORCEMENT SYSTEM AND A CIVIL SERVANT
The article examines the features of professional morality of employees of the penal enforcement system. In the structure of professional culture, one of the most important elements is moral consciousness, which includes moral ideas, norms, ideals, and values. The author highlights the most important moral qualities necessary for the activities of employees of the penal enforcement system, among which responsibility, professionalism, humanity, patriotism, observance of the principles of honesty and justice, objectivity and impartiality, openness to interaction with others acquire the greatest importance. Among the risks of the development of modern society are the growth of tension in the world, natural disasters, complex psychological and stressful situations. Accumulated unresolved moral problems, stressful situations in service teams will lead to conflict situations, create tension in the team, worsen the moral and psychological climate, reduce the efficiency of employees, leading to a state of emotional burnout. Difficult situations of moral choice that arise before prison staff in their daily work should always be resolved from the position of “lesser evil” and not from the position of Machiavellianism, where the goal justifies any means, otherwise human health and life will be harmed, but from the position of humanism.
Keywords: moral consciousness, professional morality, an employee of the penal enforcement system, moral choice, moral law.
Article bibliography
1. Vinogradov V. V., Nazarova M. G. Professional and ethical foundations of social work in the penal system: textbook; Federal Penitentiary Service, Vladimir. Law Institute of the Federal Penitentiary Service, Department of Humanitarian Disciplines. – Vladimir: VYU FSIN of Russia, 2012. – 76 p.
2. Nazarova M. G. On the Problem of Modern Interpretation of I. Kant’s Ontological Doctrine // Worldview Paradigm in Philosophy: the Relationship between Ontology and Epistemology as a Philosophical Problem (on the 300th Anniversary of I. Kant): Collection of Articles Based on the Materials of the XIX International Scientific Conference, Nizhny Novgorod, January 20, 2024. – Nizhny Novgorod: Nizhny Novgorod State University of Architecture and Civil Engineering, 2024. – Pp. 133-134.
3. Nazarova M. G. Philosophy. Ethics and Aesthetics: Textbook; Federal Penitentiary Service, Vladimir. Legal Institute of the Federal Penitentiary Service. – Vladimir: VYU FSIN of Russia, 2022. – 92 p.
4. Kant’s Ethics and Modernity: Collection. – Riga, 1989.
5. Yushina O. A. Discourse on moral consciousness and its structure // Eurasian Law Journal. – 2024. – No. 7. – P. 86-87.
LAW ENFORCEMENT AGENCIES
TOMAS Artem Vladimirovich
lecturer of Physical training sub-faculty, Barnaul Law Institute of the MIA of Russia
SARGSYAN Aram Sergeevich
senior lecturer of Physical training sub-faculty, I. F. Shilov Far Eastern Law Institute of the MIA of Russia, Khabarovsk
POPTSOV Roman Viktorovich
Deputy Head of the Department – Head of the department (Department of Physical Training) OPP URLS of the Ministry of Internal Affairs of Russia in the Khabarovsk Territory
PROBLEMS OF MORAL AND PSYCHOLOGICAL PREPARATION FOR THE USE OF PHYSICAL FORCE BY A POLICE OFFICER OF THE RUSSIAN FEDERATION
The article examines the problems of a moral and psychological nature that arise among employees of internal affairs agencies when they use physical force against offenders and criminals. It is shown that for young police officers, due to the upbringing received in modern society, which condemns the use of physical measures in conflict situations, it is characteristic for an internal conflict to arise on this basis. The main causes of psychological stress and resistance to the need to use physical force in cases prescribed by law are investigated, measures are proposed to overcome these factors to increase the psychological readiness of law enforcement officers to apply physical coercion.
Keywords: use of physical force, law enforcement officers, police, internal conflict.
Article bibliography
1. Botvin I. V. Modernization of the criminal law in the era of digitalization // The penal system today: interaction of science and practice: Materials of the XXII All-Russian scientific and practical conference, Novokuznetsk, October 19-20, 2022 / Ed. A. G. Chirikov. Novokuznetsk: Kuzbass Institute of the Federal Penitentiary Service, 2022. – P. 76-78.
2. Botvin I. V. Modern determinants of crimes against property // Almanac of young scientists: Collection of scientific articles. Nizhny Novgorod: Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2022. – P. 47-50.
3. Thomas A. V. The place of physical training in the service activities of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia // In the collection: State and Law in the Era of Global Change. Materials of the international scientific and practical conference. Edited by D. L. Prokazin. – Barnaul, 2022. – P. 422-423.
4. Nikulenko A. V. The role of circumstances excluding the criminality of an act in the modern realities of combating crime // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (74). – P. 103-107.
5. Thomas A. V., Vasilkova E. V. Combat fighting techniques as one of the elements of the effectiveness of professional activities of police officers // Bulletin of the Barnaul Law Instituteand the Ministry of Internal Affairs of Russia. – 2017. – No. 1 (32). – P. 67-69.
6. Yurkin D. V. Legal aspects of the procedure for the use of physical force by police officers // State and law in the era of global changes: Proceedings of the international scientific and practical conference, Barnaul, June 28-29, 2022 / Edited by D. L. Prokazin. – Barnaul: Federal State Budgetary Educational Institution of Higher Professional Education “Barnaul Law Institute of the Ministry of Internal Affairs of the Russian Federation”, 2022. – P. 428-430.
LAW ENFORCEMENT AGENCIES
KHARAEV Azamat Arsenovich
Ph.D. in Law, senior lecturer, North Caucasus Institute for Advanced Training of the MIA of Russia (branch), Krasnodar University of the MIA, lieutenant colonel of police
MARTYNENKO Oleg Vladimirovich
senior lecturer, Volgodonsk branch, Rostov Law Institute of the MIA of Russia, major of police
ORGANIZATIONAL AND METHODOLOGICAL FOUNDATIONS OF FIRE TRAINING USING AIRSOFT WEAPONS IN EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This paper examines the issues of improving the fire training of employees of internal affairs bodies through the prism of organizational and methodological foundations using airsoft weapons in educational organizations of the Ministry of Internal Affairs of Russia. The most important component of the professional and personal development of cadets, students of educational organizations of the Ministry of Internal Affairs of Russia is their professional training in the system of the Ministry of Internal Affairs of Russia. The basis of professional training of employees of the Department of Internal Affairs of Russia in terms of fire preparedness is a deep understanding, knowledge, and skills of using all types of firearms in any operational and service environment in accordance with the procedure established by law.
Keywords: fire training, educational organization, law enforcement officers, professional training, airsoft guns.
Article bibliography
1. Barkalov S. N., Gerasimov I. V. Physical training of cadets of educational institutions of the Ministry of Internal Affairs of Russia: status, problems and ways of improvement // Society and Law: scientific and practical journal. 2014. No. 4 (50). P. 299-304.
2. Gritsenko L. I. Fundamentals of Integrative Learning // Education and Science. 2009. No. 5 (62). P. 3-12.
3. Gusev A. A. Integrated Approach to Service-Applied Physical Training of Students of Educational Institutions of the Ministry of Internal Affairs of Russia // Concept. 2014. Special Issue No. 20. P. 1-6.
4. Kosikovsky A. R., Litvin D. V., Korneeva M. P., Pyrchev S. V., Filimonov V. A., Mitin A. A., Zarypov V. Z. Pedagogical Aspects of Organizing Firearms and Physical Training in Territorial Bodies of the Ministry of Internal Affairs of Russia: A Teaching Aid. M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2019. 112 p.
5. Denisenko S. N., Smirnov A. Yu., Khrustalev A. M., Shterenberg I. G. Fire training: a tutorial. St. Petersburg: SPbGTI (TU), 2023. 214 p.
6. Stepanyuk V. I. Aspects of personal safety of employees of the internal affairs bodies // Scientific and practical journal. 2015. No. 2 (63). P. 174-176.
7. Urakov I. V. Fire training: a teaching aid. Nizhny Novgorod: NNSU im. N. I. Lobachevsky, 2020. 130 p.
8. Federal Law “On Police” dated 02/07/2011 No. 3-FZ (as amended on 08/08/2024).
9. Kharaev A. A., Kurskiyev T. A. Theoretical and practical issues of fire training of employees of the internal affairs bodies of the Russian Federation (on the example of professional training at the North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia) // Issues of Modern Science and Practice. 2023. No. 2 (9). P. 91-94.
PROSECUTOR’S SUPERVISION
MAGOMEDOV Shamil Magomedzagirovich
postgraduate student. University of the Prosecutor’s Office of the Russian Federation
THE ACTS OF PROSECUTORIAL RESPONSE AND THEIR TYPES IN THE COMMONWEALTH OF INDEPENDENT STATES
The arsenal of means of prosecutorial activity, considering the voluminous and diverse subject of prosecutorial supervision outside the criminal law sphere, is a whole set of acts of the prosecutor aimed at identifying, preventing and eliminating violations. Meanwhile, in the conditions of normative uncertainty of the concept and systematization of such acts in the legal literature, there is a discussion about which documents of the prosecutor are justifiably and appropriately recognized as acts of response. The author shows the development of the scientific discussion in the interpretation of the concepts of “acts of prosecutorial response”, “acts of prosecutorial supervision”, and offers reasonable approaches to understanding and classifying acts of prosecutorial response.
Keywords: prosecutorial supervision, measures of prosecutorial response, comparative law, general supervision, acts of prosecutorial supervision.
Article bibliography
1. Baskov V. I. Course of prosecutorial supervision. – M.: Zertsalo, 1998.
2. Boykov A., Skvortsov K., Ryabtsev V. Problems of development of the status of the Russian prosecutor’s office (in the conditions of the transition period) // Criminal law. – 1999. – No. 2.
3. Vinokurov A. Yu. Problems of delimitation of the competence of prosecutors and state control (supervision) bodies in the context of Art. 77 of the Federal Law “On the general principles of organization of local self-government in the Russian Federation” // Actual problems of Russian law. – 2014. – № 8.
4. Ergashev E. R. On modern problems of legal regulation and application of acts of prosecutorial response in the Russian Federation and the Republic of Kazakhstan // Russian Law Journal. – 2016. – № 6.
5. Ergashev E. R., Gabysheva E. A. Legal means of the prosecutor: problems of understanding, application and legal regulation // Russian law: education, practice, science. – 2018. – № 5.
6. Zyubanov Yu. A. Commentary on the Federal Law “On the Prosecutor’s Office of the Russian Federation” (article by article). – M .: Prospect, 2018.
7. Ivanchenko E. A., Vorotilina T. V. Supervision of compliance with legislation on the territory of closed administrative-territorial entities and closed military towns // Legality. – 2024. – No. 4.
8. Kesareeva T. P. Acts of prosecutorial response in the implementation of supervision over the implementation of laws and the legality of legal acts: textbook. manual. – M.: University of the Prosecutor’s Office of the Russian Federation, 2019.
9. Kremneva E. V. Statement of claim (administrative statement of claim, application) as a measure of prosecutorial response // Prosecutor’s supervision over the implementation of laws outside the criminal law sphere: problems of theory and practice: monograph / Ed. N. V. Subanova. – M.: Prospect, 2023.
10. Krutikov M. Yu. Prosecutor’s response as a specific form of implementation of the human rights function of the state // State power and local self-government. – 2009. – No. 7.
11. Levskiy V.K. Institute of participation of the prosecutor in administrative cases in courts: from the imperial period to the present // Actual problems of Russian law. – 2020. – No. 12.
12. Filipenko S.V. Issues of bringing to disciplinary responsibility of employees of government bodies on the basis of the prosecutor’s submission // Legality. – 2021. – No. 5.
13. Filipenko S.V. Signs of acts of prosecutorial response // Russian Law Journal. – 2014. – No. 6.
14. Shcherba S.P. The prosecutor’s office in the CIS countries: legal status, functions, powers: scientific and educational manual. – M.: Exam, 2007.
15. Yastrebov V. B. Supervision of the implementation of laws as the main function of the prosecutor’s office // Problems of improving prosecutorial supervision. Materials of the scientific-practical. conf. – M., 1997.
SAFETY AND LAW
VARLAMOV Sergey Alexandrovich
Ph.D. in pedagogical sciences, associate professor of Criminal process sub-faculty, Kazan Law Institute of the MIA of Russia, colonel of police
KOCHESOKOV Rustam Khazhmudarovich
lecturer of Fire training sub-faculty, North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the MIA of Russia, captain of police
IMPROVING THE TRAINING SYSTEM FOR SUPPRESSION OF TERRORIST ACTIVITIES
The article examines the problematic issues of training employees of internal affairs agencies to act in the conditions of the legal regime of a counter-terrorist operation. It has been established that in order to successfully counter terrorism, the Ministry of Internal Affairs bodies need to use modern means, working methods of counteraction, and improve the level of training of employees. The main task is to prevent a terrorist act, minimize its consequences, and if the first cannot be fully accomplished, then it is necessary to ensure the safety of the civilian population and detain the guilty persons.
Keywords: theoretical training, tactical training, psychological training, legal regime of a counter-terrorist operation, rights and freedoms of citizens.
Article bibliography
1. Gandaloyeva T. A. Main directions of improving the organization of activities of territorial bodies of the Ministry of Internal Affairs of Russia to counter terrorist crimes // Gaps in Russian legislation. – 2019. – No. 6. – P. 172-175.
2. Zhukov D. V. Personal safety of police officers on duty in special conditions // In the collection: Current issues of fire and tactical-special training of law enforcement officers of the Russian Federation. Collection of articles. – Nizhny Novgorod, 2024. – P. 141-147.
3. Kireev M. P., Ovtsynov Yu. Yu., Krasikov A. S. Preparation and conduct of a counter-terrorism operation (organization and legal gaps) // Gaps in Russian legislation. – 2020. – No. 1. – P. 200-203.
4. Tokbaev A. A., Voskoboev A. I., Savchuk N. A. Improving the training of employees of internal affairs bodies to perform operational and service tasks in special conditions // Law and Management. – 2023. – No. 2. – P. 121-124.
5. Chursin V. V. Legal basis for the activities of the Russian Guard to ensure national security of the Russian Federation // In the collection: World scientific research and development in the era of digitalization. Collection of articles of the XV International scientific and practical conference. – Rostov-on-Don, 2021. – pp. 985-991.
SAFETY AND LAW
ZHURTOV Astemir Belyalovich
senior lecturer of Fire Training sub-faculty, North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
DIKINOV Andzor Khasanbievich
Ph.D. in economic sciences, professor, leading researcher of the Department of Scientific Research and Innovation, Kh. M. Berbekov Kabardino-Balkarian State University, Cherkessk
CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF COMPUTER INFORMATION IN RUSSIA
The article discusses the prospects and some problems of using artificial intelligence technologies in anti-corruption activities. In the Russian Federation, as well as throughout the world, there is an annual increase in the number of corruption-related crimes, while it should be noted that the nature of corruption crimes committed has changed. One of the features of corruption crimes committed at present is that criminals actively use modern information technologies. This, in turn, significantly complicates the work of law enforcement agencies to combat corruption. The relevance of this study is also explained by the complex geopolitical situation; the Russian Federation is under sanctions pressure, which negatively affects the development of the state as a whole. These circumstances require increased attention of the state authorities to ensuring national security, and the increase in the number of corruption-related crimes leads to the emergence of vulnerable segments in terms of ensuring national security and internal political, socio-economic stability. The use of artificial intelligence technologies as one of the effective tools in the field of combating corruption has development prospects, but subject to the formation of a unified regulatory framework that takes into account the specifics of the implementation industry.
Keywords: computer information, cybercrime, information security, criminal liability, subject, information technology, blocking, legal protection, law enforcement officer.
Article bibliographiclist
1. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 08.08.2024).
2. Federal Law “On Communications” of 07.07.2003 No. 126-FZ (latest revision).
3. Federal Law “On Information, Information Technologies and Information Protection” of 27.07.2006 No. 149-FZ (latest revision).
4. Decree of the President of the Russian Federation of April 3, 1995 No. 334 “On measures to comply with the law in the field of development, production, sale and operation of encryption tools, as well as the provision of services in the field of information encryption” (with amendments and additions).
5. Decree of the President of the Russian Federation of 05.12.2016 № 646 “On approval of the Doctrine of information security of the Russian Federation”.
SECURITY AND LAW
PEKSHEV Alexey Viktorovich
Ph.D. in medical sciences, lecturer, O. E. Kutafin Moscow State Law University (MSAL)
ON THE ISSUE OF LEGISLATIVE PROVISION OF DRUG SAFETY
The article discusses the risks of biologically safe drug supply associated with the potential possibility of therapeutic prescriptions of dietary supplements as an alternative to medicines. A shortage of medicines or their shortage due to sanctions pressure cannot serve as a legitimate justification for leaving a patient without drug therapy.
Keywords: dietary supplements, biological safety, drug supply.
Article bibliography
1. Federal Law of 02.01.2000 No. 29-FZ “On the Quality and Safety of Food Products” // SZ RF. – 2004. – No. 2. – Art. 150.
2. Federal Law of 21.11.2011 No. 323-FZ “On the Fundamentals of Health Protection of Citizens in the Russian Federation” // SZ RF. – 2011. – No. 48. – Art. 6724.
3. Federal Law of 12.04.2010 No. 61-FZ “On the Circulation of Medicines” // SZ RF. – 2010. – No. 16. – Art. 1815.
4. Decree of the President of the Russian Federation of 07.05.2024 No. 309 “On the national development goals of the Russian Federation for the period up to 2030 and for the future up to 2036” // SZ RF. – 2024. – No. 20. – Art. 2584.
5. Order of the Government of the Russian Federation of 12.10.2019 No. 2406-r “On approval of the list of vital and essential drugs, as well as lists of drugs for medical use and the minimum range of drugs required to provide medical care” // SZ RF. – 2019. – No. 42 (Part III). – Art. 5979.
6. Order of the Government of the Russian Federation dated 07.06.2023 No. 1495-r “On approval of the Strategy for the Development of the Pharmaceutical Industry of the Russian Federation through 2030” // SZ RF. – 2023. – No. 26. – Art. 4827.
7. List of instructions following the meeting of the Council for Strategic Development and National Projects (approved by the President of the Russian Federation on 18.02.2024 No. Pr-295). [Electronic resource]. – Access mode: http://www.kremlin.ru as of 20.02.2024.
8. Phenazepam has run out in Russian pharmacies. [Electronic resource]. – Access mode: https://rtvi.com/news/v-rossijskih-aptekah-zakonchilsya-fenazepam/ (access date: 07.19.2024).
SAFETY AND LAW
KOTLYAROVA Oksana Nikolaevna
lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
TORYANIKOVA Irina Vitaljevna
lecturer of Constitutional and administrative law sub-faculty, Volgograd Academy of the MIA of Russia
INFORMATION COUNTERACTION TO EXTREMISM: USAGE OF SOCIAL NETWORKS, COMMERCIAL PLATFORMS IN IDENTIFYING ACCOUNTS OF EXTREMIST ORIENTATION
The relevance of the topic is related to the objective need to study the issues of countering extremist ideas among young people in relation to modern conditions. In the article, the authors trace the existing trend of the younger generation towards the use of widespread telecommunication platforms, including those banned in the territory of the Russian Federation, through the use of which illegal content is distributed and consumed. The relevance of this problem is due, among other things, to the exposure of the youth’s unformed psyche to destructive appeals and manifestations.
Keywords: countering extremism, telecommunication platforms, youth, social networks, accounts.
Article bibliography
1. Zalivansky B.V. Technologies of information counteraction to extremism // Modern scientific research and innovation. – 2014. – No. 3. [Electronic resource]. – Access mode: https://web.snauka.ru/issues/2014/03/32751 (date of access: 01.08.2024).
2. Elmurzaev S. M. Prevention of extremist crimes // Stolypin Bulletin. – 2022. – Pp. 5686-5693.
3. Ganaeva E. E. Prevention of extremism in the youth community: issues of theory and practice // Agrarian and land law. – 2020. – No. 9 (189). – Pp. 198-202.
SAFETY AND LAW
KUSHKHOV Khazhmurat Lionovich
senior lecturer of Theory and history of state and law sub-faculty, Institute of Law, Economics and Finance, Kabardino-Balkarian State University, Cherkessk
SHOROV Aslan Alexeevich
lecturer of Fire training sub-faculty, North Caucasian Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
MAIN DIRECTIONS OF COUNTERACTION TO DESTRUCTIVE IDEOLOGY ON THE INTERNET
The article examines ways of detecting destructive ideology on the Internet and problematic aspects of countering this phenomenon. The Internet is used to distribute most of the prohibited content, maintain direct contact with the public, recruit new members, and organize public events. It has been established that problems in society and the political sphere, even personal problems of citizens, can lead to additional risks associated with destructive activity, since it becomes easier for criminals to involve the population in this activity. It has been concluded that in order to counter this phenomenon, it is necessary to take a number of monitoring measures, study the activities of specialists undergoing training in foreign religious centers, and track their actions upon arrival in the Russian Federation.
Keywords: destructive ideology, conflict, detection, counteraction, prohibited content.
Article bibliography
1. Azhmukhamedov I. M., Vesnintseva A. A. Directions for countering the spread of extremist ideology on the Internet // In the collection: Problems of comprehensive security of the Caspian macroregion. Collection of scientific articles based on the materials of the international scientific and practical conference. Under the general editorship of A. P. Romanova, D. A. Chernichkin. – Astrakhan, 2021. – P. 134-141.
2. Yesunina Yu. A. The influence of destructive behavior patterns in the media on the formation of the ideology of terrorism among young people // In the collection: XXVIII Nizhny Novgorod session of young scientists (humanities, technical, natural sciences). Articles and theses of young scientists. – Nizhny Novgorod, 2023. – P. 401-405.
3. Zabayrachnaya E. O. The existence of the ideology of extremism and terrorism on the Internet: problems and solutions // In the collection: Researcher of the Year 2023. Collection of articles of the International Research Competition. – Petrozavodsk, 2023. – P. 139-146.
4. Plyasunova E. S. Destructive movements as a threat to Russia’s national security // In the collection: Actual problems of countering the ideology of extremism and terrorism among young people. Collection of reports of the International scientific and practical conference. Comp. V. I. Borisovsky, under the general editorship of S. N. Glagolev. – Belgorod, 2023. – P. 282-292.
5. Sarapkina E. N. Improving legal mechanisms to counter the involvement of young people in extremist and terrorist crimes // Monitoring of law enforcement. – 2023. – No. 1 (46). – pp. 44-58.
EDAGOGY AND LAW
AGABALAEV Mukhamed Imedinovich
Ph.D. in Law, Humanitarian disciplines sub-faculty, Rector of the Private Educational Institution of Higher Education Social and Pedagogical University
PROBLEMS OF INTERACTION BETWEEN THE ACTIVITIES OF JUVENILE AFFAIRS UNITS IN THE PREVENTION OF NEGLECT AND JUVENILE DELINQUENCY WITH EDUCATIONAL INSTITUTIONS
The article examines the problems of interaction between juvenile affairs units and educational institutions in the context of the prevention of neglect and delinquency among young people. The article analyzes the existing difficulties in cooperation, including lack of information, lack of clear mechanisms of interaction and differences in approaches to working with minors. Special attention is paid to the role of educational institutions in detecting and preventing offenses, as well as the need for an integrated approach to addressing these issues.
Keywords: educational institutions, prevention, minors, neglected children.
Article bibliography
1. Bezhetsentsev A. A. Improving the activities of juvenile inspectors of the internal affairs bodies assigned to educational institutions // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2010. – No. 1 (5). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovershenstvovanie-deyatelnosti-inspektorov-po-delam-nesovershennoletnih-organov-vnutrennih-del-zakreplennyh-za-obrazovatelnymi(date of access: 11/13/2024).
2. Gamzina A. V. On the issue of the need for limited participation in operational-search activities of units for minors and district police officers // Bulletin of the Siberian Legal andInstitute of the Ministry of Internal Affairs of Russia. – 2022. – No. 3 (48). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/k-voprosu-o-neobhodimosti-ogranichennogo-uchastiya-v-operativno-rozysknoy-deyatelnosti-podrazdeleniy-po-delam-nesovershennoletnih-i (date of access: 11/13/2024).”
3. Mazdagova Z. Z. Activities of the juvenile affairs inspector in interaction with educational institutions // Theory and practice of social development. – 2015. – No. 8. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/deyatelnost-inspektora-po-delam-nesovershennoletnih-po-vzaimodeystviyu-s-obrazovatelnymi-uchrezhdeniyami (date of access: 11/13/2024).
4. Marianov A. A., Abdullaev G. M. The role of the district inspector in the prevention of juvenile delinquency // News of the DSPU. Social and humanitarian sciences. – 2014. – No. 3 (28). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/rol-uchastkovogo-inspektora-v-profilaktike-pravonarusheniy-nesovershennoletnih (date of access: 11/26/2024).
PEDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
TSARKOVA Evgeniya Gennadjevna
Ph.D. in physical and mathematical sciences, leading researcher of the Department for the Study of Employment Problems of Convicts and Economic Problems of the Functioning of the Penal Correction System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
ABOUT THE PROBLEMS OF PSYCHOCORRECTION OF JUVENILE CONVICTS
Juvenile convicts represent a special category of offenders whose mental state is often destroyed due to various factors. Psychological correction of juvenile convicts is an important task aimed at their rehabilitation and integration into society. The article deals with the organization of psychocorrective work with juvenile convicts. The article emphasizes the importance of creating effective and accessible psychocorrection programs for the successful integration of minors into society.
Keywords: penal enforcement system, juvenile convicts, Federal Penitentiary Service of Russia, psychological correction, educational colonies, mental disorders, personality traits.
Article bibliography
1. Psychology. Illustrated dictionary. – St. Petersburg, 2007. – P. 464.
2. Lesnikov G. Yu., Samoilova A. A. Taking into account the psychological state of a juvenile convict in the process of correction // Anthropogogy. – 2023. – No. 1 (9). – P. 51-55.
3. Kozlova I. V., Mishin A. A., Kuznetsov A. A. Features of the organization of educational work with juvenile convicts // Prospects of Science. – 2024. – No. 5 (176). – P. 228-230.
4. Kozhevnikova E. N., Gursky A. V., Arkanov Yu. M. Features of the application of psychological and pedagogical programs in working with conditionally sentenced minors // Global scientific potential. – 2019. – No. 8 (101). – P. 36-38.
5. Bovin B. G. Psychocorrection of aggressive behavior of adolescents in correctional colonies // Models and technologies for providing psychological assistance to children and adolescents in extreme situations: Collective monograph / Under the general editorship of A. V. Kokurin, V. I. Ekimova, E. A. Orlova. – Perm: IP Sigitov T. M., 2018. – P. 84-96.
6. Tsarkova E. G., Zorina N. S. Moral and patriotic education of juvenile convicts serving sentences in correctional colonies // Eurasian Law Journal. – 2024. – No. 5 (192). – pp. 497-498.
EDAGOGY AND LAW
KARAMELSKIY Ruslan Valerjevich
Ph.D. in sociological sciences, senior lecturer of Tactical-special and fire training sub-faculty, Kazan Law Institute of the MIA of Russia, major of police
YAITSKAYA Elena Alexandrovna
Ph.D. in economical sciences, associate professor, Head of Commodity science, tourism and law sub-faculty, V. M. Kokov Kabardino-Balkarian State Agrarian University, Cherkessk
TRENDS IN THE TRANSITION FROM TRADITIONAL TEACHING MATERIALS TO DIGITAL EDUCATIONAL RESOURCES
The article examines the problematic issues of the transition of the educational system of the Ministry of Internal Affairs of Russia to digital educational resources through modern information technologies. It has been established that the use of various software and modern methods of presenting information is the main idea of improving educational resources. The transition of the learning process to a new educational environment, to a digital format, is the main vector of development, as it makes education more accessible to people from remote regions, people with limited mobility, who for various reasons cannot physically attend lectures at the chosen university.
Keywords: digital educational resources, software, modernization of education, training programs.
Article bibliography
1. Antyukhova E. A. Chapter 14. Processes of transformation of Russian higher education in the context of a pandemic // In the book: World politics in the era of COVID-19. Responsible. editors M. M. Lebedeva, D. A. Kuznetsov. – Moscow, 2022. – Pp. 237-282.
2. Basyuk V. S. Modern trends in training teachers in the context of rapidly changing social challenges // Bulletin of Moscow University. Series 20: Pedagogical education. – 2022. – Vol. 20, No. 3. – P. 38-55.
3. Komarova E. P., Tigrov V. P., et al. Innovative digital transformation as a mode of professional education // Study guide. – Voronezh, 2024.
4. Kotlyarova I. O. Sustainability of continuous education development: trends and problems // Bulletin of the South Ural State University. Series: Education. Pedagogical sciences. – 2024. – Vol. 16, No. 2. – P. 5-16.
5. Mozhaev E. E. Priority trends in the development of additional professional education in the context of digitalization // In the collection: Science and education in the context of global challenges. Collection of articles in 2 volumes based on the results of the Fifth Professorial Forum 2022. – Moscow, 2023. – Pp. 164-169.
6. Filicheva T. A. Digital transformation of education: development trends // In the collection: Intercultural communication and digitalization within the framework of national projects in the Russian Federation. Collection of articles and materials of the round table within the framework of the XVI International scientific and practical conference “Traditions and innovations in public and municipal administration: national development goals and regional priorities.” – 2022. – Pp. 41-49.
7. Yakushev A. Zh., Turkovsky S. R. Analysis of trends in the development of higher education during digital transformation // Economy and management: problems, solutions. – 2023. – Vol. 5, No. 2 (134). – pp. 124-133.
EDAGOGY AND LAW
KORKMAZOV Alim Viktorovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL PROTECTION OF HUMAN DEVELOPMENT AND PERSONALITY DEVELOPMENT AS A SINGLE EDUCATIONAL PROCESS
Article is devoted to the study of the relationship between legal protection of the individual and educational aspects of the educational process. In the conditions of modern society, education is considered not only as a tool for knowledge transfer, but also as a key factor in the formation of personality. The author focuses on the integration of legal norms into educational programs in order to ensure comprehensive protection of students’ rights and promote their personal growth. The article analyzes various aspects of legal protection as a necessary condition for the harmonious development of the individual, including the creation of a safe educational environment and respect for the individual characteristics of each student. The importance of recognizing the legal status of participants in the educational process and the need for targeted education of civic responsibility are emphasized. The study proposes a concept of education as a single process that combines legal protection and educational tasks, stimulating the development of a socially responsible and law-conscious individual.
Keywords: legal protection, education, upbringing, personality.
Bibliographic list of articles
1. Educational law: textbook / S. V. Barabanova. – Ekaterinburg: Publishing house Ros. state prof.-ped. University, 2021. – 144 p.
2. Bakharev AV Development of an inclusive education model. Text: direct // International experience. Knowledge. Understanding. Skill. – 2014. – No. 2. – P. 330-335.
3. Syrykh VM Introduction to the theory of educational law. – Moscow: Gotika, 2022. – 400 p.
4. Khairullin VA, Makar SV, Bondarenko AV, Yarasheva AV KD Ushinsky’s man as an antipode to the Western system of values homo economicus // Discussion. – 2023. – No. 6 (121). – P. 6-26.
EDAGOGY AND LAW
KUCHMEZOV Rasul Abdulmudalifovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, major of police
THE LEGAL PRINCIPLES OF A TEACHER DEFINING PEDAGOGICAL ACTIVITY IN TEACHING DISCIPLINES TO UNIVERSITY STUDENTS
The article is devoted to the analysis of the legal principles that determine the pedagogical activity of teachers in higher educational institutions (universities) in Russia. In the context of the modern educational process, where the emphasis is on the quality of education and respect for the rights of students, legal norms play a key role in shaping the educational environment. The key legislative documents that regulate the work of teachers, including the Federal Law “On Education in the Russian Federation”, as well as various by-laws and regulations related to the educational process, are analyzed. Special attention is paid to principles such as legality, humanism, accessibility and equality, professionalism, responsibility, which serve as the basis for the development of curriculum and programs. The article also analyzes examples of the application of these principles in practice, as well as their impact on the quality of the educational process and the development of professional competence of teachers. The conclusion emphasizes the importance of compliance with legal norms in teaching activities as a condition for creating an effective and safe educational environment conducive to the development of students and their preparation for professional activity.
Keywords: legal principles, pedagogical activity, prevention, educational environment, professional competence.
Article bibliography
1. Kovalenko O. G., Shishkina N. A. Pedagogical activity of a teacher in teaching disciplines to university students // Young scientist. – 2015. – No. 21 (101). – P. 790-792.
2. Nadelshina O. A. Legal regulation of qualification requirements for the teaching staff of higher education. – Text: direct // Young scientist. – 2024. – No. 44 (543). – P. 337-340.
3. Smirnova M. S., Listratov I. V., Yun D. A. Legal regulation of qualification requirements for the teaching staff of higher educational institutions // Legal research. – 2023. – No. 3.
4. Kanukoev A. M., Kodzokov A. Kh. The impact of information technology on the learning process of students of educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 3 (178). – P. 402-403.
5. Suleimanova R. R., Nasyrova E. V. Modern digital practices and technologies in university humanities // Discussion. – 2024. – No. 6 (127). – pp. 19-25.
EDAGOGY AND LAW
USTINOVA Oksana Vyacheslavovna
Ph.D. in sociological sciences, associate professor of Marketing and municipal management sub-faculty, Tyumen Industrial University
ZAKHAROVA Anastasiya Vasiljevna
senior lecturer of Physical education sub-faculty, Tyumen Industrial University
THE RIGHT OF STUDENTS TO ENGAGE IN PHYSICAL EDUCATION AT THE UNIVERSITY: THE PEDAGOGICAL ASPECT
Based on the analysis of previously conducted sociological studies, as well as the results of a survey of students of Tyumen Industrial University, the factors preventing the realization of students’ rights to physical education at the university have been identified. Special attention, in the context of the realization of students’ rights, is paid to the level of pedagogical support of the discipline, which means not only staffing such, but also its methodological and individual, and psychological and personal support.
Keywords: students’ rights, physical education, students, teacher, higher education institution, satisfaction with learning, educational process.
Article bibliography
1. Burdina N. N., Garipova A. Z. Physical education in the university: the problem of attendance and its solution // Psychology, sociology and pedagogy. – 2016. – No. 1. [Electronic resource]. – Access mode: https://psychology.snauka.ru/2016/01/6303 (date of access: 10.10.2024).
2. Vershinin S. E. Students’ attitudes towards physical education and sports in a modern Russian university (on the example of Ural State University named after A.M. Gorky). – Ekaterinburg, 2004. [Electronic resource]. – Access mode: http://www.werschinin.ru/%3Fml%3D27 (date of access: 01.10.2024).
3. Skok N. I., Kondratieva A. D. Social mobility of Russian youth. – Text: direct // Society: sociology, psychology, pedagogy. – 2016. – No. 4. – P. 10-13.
4. Smirnova I. A., Glukhova A. N. Physical education of student youth // In the collection of materials of the International scientific and practical conference named after D. I. Mendeleyev, dedicated to the 90th anniversary of Professor R. Z. Magaril. – Tyumen, 2022. – P. 215-217.
5. Subbotin V. Ya. Analysis of the attitude of students of a technical university to active physical education // In the collection: GTO: implementation practice. materials of the All-Russian studentconference within the framework of the implementation of the program for the development of student associations and the all-Russian youth project “GTO Students”. – 2015. – P. 116-120.
6. Chaikovskaya M. V., Kuznetsova N. V. et al. Search for resources for the formation of a healthy lifestyle among student youth // In the collection of reports of the XXI International scientific and practical conference “Water resources – the basis for sustainable development of settlements in Siberia and the Arctic in the 21st century”. – Tyumen, 2019. – P. 396-400.
7. Yurchenya I. N., Bogdanchik N. V., Kasperovich E. V., Shopin A. V., Omelusik O. V. Problems of attendance of physical education classes among modern students. [Electronic resource]. – Access mode: https://elib.bsu.by/bitstream/123456789/55657/1/%D0%AE%D1%80%D1%87%D0%B5%D0%BD%D1%8F.pdf (date accessed: 10.10.2024).
8. Yusupov Sh. R., Yakubov B. I., Yusupov R. A. Satisfaction of university students with physical education and sports: alternative methods of sociological research (on the example of metamorphic techniques) // Science and Sport: Modern Trends. – 2020. – No. 2 (Vol. 8). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/udovletvorennost-studentov-vuzov-zanyatiyami-fizicheskoy-kulturoy-i-sportom-alternativnye-metody-sotsiologicheskih-issledovaniy-na/viewer (access date: 10/01/2024).
EDAGOGY AND LAW
ZORINA Natalya Sergeevna
senior researcher of the Department for Improving Legal Regulation of the Penitentiary System, Center for the Study of Problems of Management and Organization of the Execution of Sentences in the Penitentiary System of the Federal State Institution “Research Institute of the Federal Penitentiary Service” of Russia
FORMATION OF PROFESSIONAL CULTURE OF CADETS OF EDUCATIONAL ORGANIZATIONS OF THE PENAL ENFORCEMENT SYSTEM OF THE RUSSIAN FEDERATION
The article examines the issues of formation of the professional culture of cadets of educational institutions of higher education, which is a set of knowledge, skills, values and norms of behavior. The components of professional culture, the role of departmental universities in its development, as well as aspects of its influence on the formation of professional identity of students of educational organizations of the penal correction system of the Russian Federation (UIS) are analyzed. The factors influencing the quality of training of future employees of the UIS, their professional identification and the effectiveness of further practical work are considered. Special attention is paid to the importance of ethical norms and values in the formation of the professional identity of cadets. A high level of professional culture is considered as a predictor of successful employee performance and an incentive for his further professional self-improvement.
Keywords: Penal System of the Russian Federation, professional education, educational organizations of the Federal Penitentiary Service of Russia, educational process, professional identification, personal characteristics, professional culture.
Article bibliographic list
1. Order of the Government of the Russian Federation of 04/29/2021 No. 1138-r (as amended on 05/27/2023) “On the Concept of Development of the Penal System of the Russian Federation for the Period up to 2030” (Collected Legislation of the Russian Federation, 2021, No. 20, Art. 3397).
2. Yunusov E. A. Professional culture of future specialists of the penal system // Bulletin of public research laboratory “Interaction of the penal system with civil society institutions: historical, legal and theoretical and methodological aspects”. – 2020. – No. 19. – P. 170-174.
3. Kolotushkin S. M., Olenyev M. G. Formation of professional culture of training employees of the penal system // Psychological and pedagogical aspects of training personnel for professional activities in extreme conditions: Collection of scientific papers of the International scientific and practical conference, St. Petersburg, May 14, 2021. – Saint Petersburg: Saint Petersburg University of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters, 2021. – P. 428-433.
4. Votinov A. A. Formation of professional culture of cadets as a necessary condition for the development of a penal system employee // Bulletin of the Samara Law Institute. – 2019. – No. 5 (36). – P. 110-114.
5. Tyumeneva N. P., Kashintseva I. L. Experience of formation of spiritual and moral values of cadets and students of educational organizations of the Federal Penitentiary Service // Man: crime and punishment. – 2020. – Vol. 28, No. 4. – P. 639-645. – DOI 10.33463/2687-1238.2020.28(1-4).4. 639-645.
EDAGOGY AND LAW
SHALAGINA Aigul Kamilevna
lecturer of Pedagogy and psychology in the field of physical education and sports sub-faculty, Volga Region State University of Physical Education, Sports and Tourism, Kazan
KOCHESOKOV Rustam Khazhmudarovich
lecturer of Fire training sub-faculty, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia, captain of police
ISSUES OF MORAL AND PSYCHOLOGICAL READINESS OF STUDENTS OF DEPARTMENTAL UNIVERSITIES TO PERFORM PROFESSIONAL TASKS
The article examines the importance of moral and psychological training of students of departmental universities for the successful performance of professional tasks. The main components of this type of training are psychological stability, ethics and morals, teamwork, and mental health support. It has been established that students should receive clear moral and legal guidelines that help police officers effectively perform their duties, maintain public trust, and promote the strengthening of law and order. Moreover, these guidelines play a key role in the formation of professional ethics and ensuring law and order.
Keywords: moral and psychological training, psychological stability, stress resistance, moral values.
Article bibliography
1. Gaidash A. I. On the issue of value-semantic perception of professional competencies // Methods and mechanisms for implementing the competence-based approach in psychology and pedagogy: a collection of articles based on the results of the International scientific and practical conference / Ed. Sukiasyan Asatur Albertovich. – Sterlitamak, 2020. – P. 13-17.
2. Chapter 1. Professional pedagogy for universities that train personnel in the interests of ensuring law and order // In the book: “Pedagogical workshop”: professional additional training of teachers in educational organizations that train personnel in the interests of ensuring law and order (on the example of universities of the Ministry of Internal Affairs of Russia and the Federal Penitentiary Service of Russia). Biochinsky I.V., Kochin A.A. Samara, 2022. – P. 9-60.
3. Kanukoev A.M. Moral, psychological and physical training of students of educational organizations of the Ministry of Internal Affairs of Russia // Law and Management. – 2024. – No. 6. – P. 132-136.
4. Stepanov D. S., Yazovsky P. V., Lyakhova P. V. Moral and psychological training of cadets and students of educational institutions of the Ministry of Internal Affairs of Russia // In the collection: Actual issues of increasing the efficiency of fire training in law enforcement agencies: theory and practice (IV Makarov Readings). All-Russian collection of scientific and practical conference materials. – Perm, 2024. – P. 275-279.
5. Shepelev S. V. Physical and moral-psychological training in educational organizations of the Ministry of Internal Affairs of Russia as a fundamental method of improving the activities of internal affairs bodies in preventing, solving and investigating crimes // In the collection: Training of personnel for law enforcement agencies: modern trends and educational technologies. Proceedings of the twenty-eighth All-Russian scientific and methodological conference. – Irkutsk, 2023. – pp. 58-62.
EDAGOGY AND LAW
KHALMETOV Timur Anvarovich
Ph.D. in pedagogical sciences, associate professor of Criminology and criminal-executive law sub-faculty, Kazan Law Institute of the MIA Russia, colonel of police
YAITSKAYA Elena Alexandrovna
Ph.D. in economical sciences, associate professor, Head of Commodity science, tourism and law sub-faculty, V. M. Kokov Kabardino-Balkarian State Agrarian University, Cherkessk
WAYS OF FORMING PROFESSIONAL QUALITIES IN THE EDUCATIONAL PROCESS OF A DEPARTMENTAL UNIVERSITY
Transformations of modern society determine the formation of specific requirements that are imposed on the professional training of personnel in the law enforcement industry. This affects the growth of the need to improve educational processes in the framework of training students of educational organizations of the Ministry of Internal Affairs of Russia and improve the quality of their training. The article examines the principles of the educational process, which are designed to bring the educational process to meet modern professional requirements, as well as to form a set of civic, moral, spiritual, cultural qualities of the individual in students and develop skills and abilities in the field of operational and service activities.
Keywords: educational organizations of the Ministry of Internal Affairs of Russia, public order protection, professional qualities.
Article bibliographic list
1. Kryzhevskaya N. N., Maksimenko M. V. Formation of professionally important qualities in the educational process of a departmental university // Education. Science. Scientific personnel. – 2020. – No. 4. – P. 302-303.
2. Kuznetsova D.A. Cadets’ ideas about professionally important qualities of penitentiary psychologists // Bulletin of the Voronezh State University. Series: Problems of Higher Education. – 2020. – No. 1. – P. 69-74.
3. Levchenko A. A. Implementation of educational and professional activities in the educational process of cadets and students of the Ministry of Internal Affairs of Russia // Actual problems of combating crimes and other offenses. – 2023. – No. 23-2. – P. 258-259.
4. Startsev A. M. Scientific pedagogical tasks of improving special training in educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of Economic Security. – 2022. – No. 4. – P. 315-319.
5. Frankovskaya K. D. Formation of a positive image of a police officer at the training stage in educational organizations of the Ministry of Internal Affairs of Russia // In the collection: Law and order in Russia: problems of improvement. Collection of materials of the XIV All-Russian conference. – Moscow, 2020. – P. 271-273.
6. Shinkarev M. A., Kugno E. E., Egoshin I. V. Influence of personal qualities on the professional activity of an employee of the Internal Affairs Directorate // In the collection: Improving the professional and physical training of cadets, students of educational organizations and employees of law enforcement agencies. Materials of the international scientific and practical conference. Responsible. editor S. M. Struganov. – Irkutsk, 2022. – P. 157-161.
EDAGOGY AND LAW
KORKMAZOV Alim Viktorovich
Ph.D. in pedagogical sciences, senior lecturer of Law enforcement organization sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, lieutenant colonel of police
LEGAL NORMS REGULATING INNOVATIVE METHODS OF SOCIO-PEDAGOGICAL PREVENTION OF DEVIANT BEHAVIOR AMONG ADOLESCENTS
The article is devoted to the analysis of legal norms regulating innovative methods of socio-pedagogical prevention of deviant behavior among adolescents. In a modern society characterized by rapid social changes and the growth of deviant manifestations, the importance of legal regulation of preventive measures is becoming especially relevant. The paper examines existing legislative acts and regulatory documents aimed at protecting the rights of adolescents and creating a safe social environment. Special attention is paid to innovative approaches, such as the use of digital technologies, social adaptation programs and interdepartmental interaction. The article also analyzes the effectiveness of these methods in the context of legal support and offers recommendations for improving legislation in the field of prevention of deviant behavior. The results of the study may be useful for educators, social workers and human rights defenders seeking to create a more effective prevention system among young people.
Keywords: analysis of legal norms, innovative methods, prevention, deviant behavior, protection of the rights of adolescents, effectiveness of legal support.
Bibliographic list of articles
1. Putin instructed the Prosecutor General’s Office to strengthen work on the rights of minors / RIA Novosti. [Electronic resource]. – Access mode: https://ria.ru/20240326/nesovershennoletnie-1935913504.html
2. Prosecutor’s supervision over the implementation of laws on the prevention of neglect and juvenile delinquency: manual / [head of the team D. I. Erezhipaliev et al.]; Prosecutor General’s Office of the Russian Federation; University of the Prosecutor’s Office of the Russian Federation. – M., 2021. – 168 p.
3. Investigation and prevention of crimes committed by minors or against minors: materials of the All-Russian scientific and practical conference (Novosibirsk, December 20, 2023). – M.: Moscow Academy of the Investigative Committee named after A. Ya. Sukharev, 2024. – 176 p.
4. Actual problems of protecting the rights and legitimate interests of minors: collection of materials of the round table (Moscow, June 2, 2022) / under the general editorship of R. V. Zhubrin; [scientific editor D. I. Erezhipaliev; compiled by O. V. Morozova, M. L. Ogurtsova]; University of the Prosecutor’s Office of the Russian Federation. – M., 2022. – 188 p.
5. Khairullin V. A., Makar S. V., Bondarenko A. V., Yarasheva A. V. K. D. Ushinsky’s man as an antipode to the Western system of values homo economicus // Discussion. – 2023. – No. 6 (121). – P. 6-26.
PSYCHOLOGY AND LAW
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty, Institute of Social Sciences, Irkutsk State University
LOZHKINA Natalya Vladimirovna
Ph.D. in psychological sciences, senior researcher of the Department for the Study of Problems of Psychological Support of Operational and Official Activities of the Department for the Study of Problems of Industry Management of the Research Center, Academy of Management of the MIA of Russia
PROBLEMS OF BULLYING AND CYBERBULLYING IN EDUCATIONAL INSTITUTIONS
The article reveals the issue of bullying and cyberbullying in educational institutions. The main forms of manifestation of these phenomena, causes and consequences for communities and society as a whole are considered. The results of the study are presented, which show the dynamics of bullying and cyberbullying from 2022 to 2024. The author analyzes in detail various aspects of bullying and cyberbullying, including their impact on the psychological state and development of children and adolescents, as well as on the educational environment in general. The study covers a wide range of manifestations of bullying, from physical attacks to psychological pressure and harassment on the Internet.
Keywords: bullying, cyberbullying, aggression, socialization, social security.
Article bibliography
1. Ardashev R. G. Cybersuicide and cyberbullying in modern society // Sociology. – 2022. – No. 6. – P. 32-38.
2. Ardashev R. G. Bullying in educational institutions // Social consolidation and social reproduction of modern Russian society: resources, problems, prospects. Proceedings of the X International scientific and practical conference. – Irkutsk, 2024. – P. 280-286.
3. Ardashev R. G. Irrational foundations of suicidal behavior of young people // Sociology. – 2022. – No. 3. – P. 39-46.
4. Ardashev R. G. Criminal suicide in schools: social dimension // Sociology. – 2022. – No. 5. – P. 20-27.
5. Ardashev R. G. Mass murders in schools as an act of declaring oneself // In search of social truth: materials of the IV International scientific and practical conference. Irkutsk, November 28, 2022. – Irkutsk: Irkutsk State University, 2022. – P. 278-285.
6. Ardashev R. G. Suicidal behavior among young people: irrationality of perception // Alma Mater (Higher School Bulletin). – 2022. – No. 7. – P. 41-45.
7. Polyushkevich O. A. Norms of solidarity after mass violence // The problem of the relationship between the natural and the social in society and man. – 2019. – No. 10. – P. 120-122.
8. Polyushkevich O. A. Stigmatization: analysis within the framework of I. Hoffman’s concept // Philosophy of health: an integral approach. Interuniversity collection of scientific papers. – Irkutsk, 2019. – P. 24-29.
9. Polyushkevich O. A., Ivanov R. V., Zhuravleva I. A., Zavyalov A. V. The Impact of the Terrorist Attack of October 17, 2018 in Kerch on the Mental Ecology of Russian Society Based on a Mass Survey of the Population of the Irkutsk Region and Content Analysis of Internet Resources and the Media // Human Ecology. – 2021. – No. 8. – P. 42-49.
10. Shchetinina E. V. Internet Social Networks: Popularization of the “Culture of Death” Among Teens // Electronic Scientific and Publicistic Journal “Homo Cyberus”. – 2018. – No. 2 (5). [Electronic resource]. – Access mode: http://journal.homocyberus.ru/ socialnye_seti_Interneta_populyarizaciya_k.
PSYCHOLOGY AND LAW
KLIMOV Sergey Nikolaevich
Ph.D. in philosophical sciences, professor of Philosophy, sociology and history sub-faculty, Russian University of Transport (MIIT)
RAZINKOVA Oksana Igorevna
Ph.D. in philosophical sciences, professor of Philosophy sub-faculty, Russian University of Transport (MIIT)
ZAYTSEV Edgard Alexandrovich
postgraduate student, Far Eastern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Khabarovsk, Head of educational licensed site, clinical and family psychologist, master of psychological and pedagogical education
ON THE IMPORTANCE AND NECESSITY OF PSYCHOLOGICAL REHABILITATION OF SMO PARTICIPANTS AND THEIR FAMILIES (USING THE METHOD OF CLINICAL PSYCHOLOGIST E. ZAITSEV)
Тhe article considers the importance of psychological rehabilitation of former combatants, their families, and residents who found themselves in the areas of special military operations. As a result of consideration of various aspects of negative psychological consequences after the end of combat factors, a conclusion was made about the importance of rehabilitation to restore personal resources and adapt a serviceman to civilian life. No less important is the psychological support of relatives and friends of military personnel who find themselves in a state of confusion and misunderstanding of what is happening, experiencing anxiety, fear, and helplessness. The article describes the features of the author’s psychological program of E. Zaitsev, which has practical significance and is aimed at the recovery of servicemen after injuries, promoting internal healing, achieving psychological balance, etc.
Keywords: combatant, SMO, psychological trauma, family, fear, emotions, anxiety, psychosomatics, behavior, conflict, condition.
Article bibliography
1. Whitehead M. Counseling a person in a state of grief: a model of assistance // Psychology of maturity and aging. – 2002. – No. 1 (17). – P. 27-44.
2. Vasilyuk F. E. Surviving grief // About the human in man / Ed. I. T. Frolov. – Moscow: Politizdat, 1991.
3. Worden V. D. Counseling and therapy of grief. A manual for specialists in the field of mental health. – M., 2021
4. Karayani A. G., Karayani Yu. M. Psychological consequences of war and socio-psychological readaptation of combatants // Bulletin of SUSU. Series “Psychology”. – 2014. – Vol. 7, No. 4. – P. 59-66.
5. Malkina-Pykh I. G. Extreme situations. – M.: Eksmo Publishing House, 2005 @@ Ambrumova A. G. Psychology of suicide // Social and clinical psychiatry. – 1996. – No. 4. – P. 26.
6. Menovshchikov V. Yu. Psychological counseling. Working with crisis and problem situations. – M.: Smysl, 2005.
7. Psychology of crisis and extreme situations: a tutorial. – SPb.: Publishing house of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2022. – 116 p.
8. Tarabrina N. V. Practical training in the psychology of post-traumatic stress. – SPb.: Piter, 2001. – 272 p.
9. Scheglova E. S., Surkova I. Yu. Dynamics of manifestation of military syndrome: structural-functionalist perspective // Bulletin of the Volga Region Academy of Public Administration. – 2010. – No. 1 (22). – P. 145-151.
SPORTS LAW
ASADULLIN Murad Rinatovich
Ph.D. in Law, associate professor of Political sciences sub-faculty, Ufa University of Science and Technology
INSTITUTIONALIZATION OF SPORTS RULES: CURRENT STATE AND DEVELOPMENT PROSPECTS
The article raises the problem of institutionalization of sports rules. Attention is drawn to the fact that when using the concept of “institutionalization” in law, issues of the structure of the legal array come to the fore, even if the norms go beyond the sectoral division. Institutionalization can also be associated with structural changes (the emergence of new institutional formations) if it strengthens internal ties and strengthens sport in the life of society. Attention is drawn to the fact that it is necessary to critically evaluate the use of the organizational and legal form of “public organization” in sports, which does not have a clear regulatory regulation of the decision-making process, their correlation with membership relations; their established regulatory regulation contradicts the Concept of self-regulation development. It is concluded that institutionalization can also be associated with structural changes (the emergence of new institutional formations) if it strengthens internal ties and strengthens sport in the life of society.
Keywords: sports rules, institutionalization, public organization, legal regulation of sports, the law on sports.
Article bibliography
1. Yurlov S. A. Development of legal science in terms of studying issues related to the regulatory framework of sports // Bulletin of St. Petersburg State University. Law. – 2018. – Vol. 9, Issue. 4. – P. 620-639.
2. Valiev R. G. Legal institutionalization and legal institutions: a conceptual model // Lex russica. – 2020. – No. 4. – P. 103-116.
3. Alekseev S. V. Sources and system of Olympic law // Sport: economics, law, management. – 2009. – No. 4. – P. 3-10.
4. Vaskevich V. P. Some issues of law enforcement in disputes related to the implementation of professional activities of an athlete // Bulletin of civil process. – 2022. – No. 3. – P. 190-215.
5. Goncharov A. A., Lazareva A. S. Sports and legal gap: problems of contractual regulation of professional sports in the Russian Federation // Colloquium-journal. – 2020. – No. 12. – P. 25-28.
6. Govorov P. S. Some problems of legal regulation of the activities of athletes in team sports // Civilist. – 2013. – No. 1. – P. 109-114.
7. Vlasenko V. A. Logical and linguistic requirements for legal constructions // Legal technique. – 2013. – No. 7. (Part 2) – P. 166-167.
8. Vaskevich V. P. Disputes involving professional athletes and legal mechanisms for their resolution // Arbitration court. – 2010. – No. 4 (70). – P. 70-74.
9. Ponkin I. V., Redkina A. I. “Good governance” in the normative space of sports: the role of lex sportiva and the International Court of Arbitration for Sport // Zakon. – 2020. – No. 8. – P. 44 – 50.
10. Sports law of Russia: Textbook for masters / Editor-in-chief D. I. Rogachev. – Moscow: Prospect, 2016. – 637 p.
11. Alekseev S. V. Sports law: Textbook / Ed. P. V. Krasheninnikov. 5th ed. – Moscow, 2018. – 927 p.
12. Soloviev A. A. Systematization of sports legislation (Russian and foreign experience): Dis. … Doctor of Law. – M., 2012. – 440 p.
13. Davletkaliev D.K. Institutionalization of sport in transformingin the current Russian society: sociological and managerial analysis: dis. … Doctor of Sociological Sciences. – M., 2006. – 354 p.
14. Kozhin V. V. Institutionalization of professional sports in modern Russian society // Humanitarian of the South of Russia. – 2018. – Vol. 7, No. 6. – Pp. 128-136.
15. Soyfer T. V. Socially oriented non-profit organizations: problems of legal regulation // Civil Law. – 2023. – No. 5. – Pp. 22-26.
16. Legal entities in Russian civil law: monograph: in 3 volumes / Ed. A. V. Gabov. – M.: IZiSP, INFRA-M, 2015. – 352 p.
17. Shitkina I. S. Paradigm and paradoxes of corporate law // Entrepreneurial law. – 2010. – No. 1. – P. 4-12.
18. Peshin N. L. Anti-corruption in sports: balance of interests of states and international sports organizations // Constitutional and municipal law. – 2017. – No. 10. – P. 34-38.
19. Nikitina E. E., Obolonkova E. V. Reform of legislation on non-profit organizations: problems and prospects // Journal of Russian law. – 2018. – No. 2. – P. 38-49.
20. Alekseev S. S. Law: alphabet – theory – philosophy: Experience of a comprehensive study. – M.: Statut, 1999. – 712 p.
21. Shevchenko O. A. On the interaction of labor legislation and self-regulation norms of sports organizations // Laws of Russia: experience, analysis, practice. – 2014. – No. 9. – P. 9-15.
LANGUAGE AND LAW
MAKAEVA Guzal Zaynagievna
associate professor of Russian language department of pre-master’s and pre-graduate training sub-faculty, Preparatory Faculty for Foreign Students, Kazan Federal University
MAKAEV Khanif Fakhretdinovich
associate professor of Foreign languages sub-faculty, Institute of International Relations, History and Oriental Studies, Kazan Federal University
KAZYMOVA Tatyana Sergeevna
senior lecturer of Foreign languages sub-faculty, Institute of Economics and Management in Construction, Kazan State University of Architecture and Engineering
PECULIARITIES OF THE LEGISLATIVE FRAMEWORK AS A KIND OF OFFICIAL BUSINESS STYLE
The article defines the place of the language of legal acts in the functional and stylistic system of the Russian language; reveals its features (lexical, word-formation, morphological, syntactic, stylistic). The lack of clear uniform standards in the language of legislative acts leads to its constant changes and additions, which often leads to language errors in documents and errors in making legal decisions. Today, the ability to perceive and interpret the texts of laws is relevant for the common population.
Keywords: functional and stylistic system, official business style, legal framework, language of the law, normative legal acts, feature.
Bibliographic list of articles
1. Beglova E.I. Means of the Russian language in the stylistic aspect. – Sterlitamak, 2001. – 291 p.
2. Budagov R. A. On scientific and artistic styles // Questions of linguistics. – 1954. – No. 3.
3. Sidorova M. Yu., Saveliev V. S. Russian language. Culture of speech. – M .: Iris-press, 2005 .– 206 p.
4. Dictionary of rhetoric, linguistics and effective communication. [Electronic resource]. – Access mode: https://didacts.ru/slovari/slovar-po-ritorike-jazykoznaniyu-i-effektivnomu-obscheniyu.html.
5. Filippov K. B., Frolova (Tokareva) A. B. Normative-legal regulation of issues of language and style of legal acts in the Russian Federation // News of higher educational institutions. Volga region. Social sciences. — 2014 — No. 3. — P. 76-85. [Electronic resource]. – Access mode: https://rucont.ru/efd/552328 (date of access: 01.12.2024).
6. Shcherba L. V. Modern Russian literary language // Selected works on the Russian language. – M., 1957. – P. 119.
ECONOMY. LAW. SOCIETY
MATEVOSOVA Elena Konstantinovna
Ph.D. in Law, associate professor of Theory of state and law sub-faculty, O. E. Kutafin Moscow State Law University Law (MSAL)
AUTOMATED INTELLIGENT AGENT IN THE DIGITAL REALITIES OF THE DEVELOPMENT OF THE RUSSIAN LEGAL SYSTEM: INNOVATIONS IN LEGISLATION AND JUDICIAL PRACTICE
The article is devoted to legislative innovations on the use of an automated intelligent agent (collector robot) in the context of the digital transformation of society and the state, which affects the future of the Russian legal system. The author of the article, revealing the main characteristics of such an agent and analyzing in detail the judicial emerging practice, predicting the dynamics of judicial interpretation of legal norms and substantiating the need to improve lawmaking in the direction of creating a unified legal basis for regulating the use of intelligent agents without branch specifics.
Keywords: automated intelligent agent,robot-collector, judicial practice, digitalization, legal system, lawmaking, law enforcement.
Article bibliography
1. Berezina E. A. Use of software agents in legal practice // Actual problems of Russian law. – 2023. – No. 7. – P. 71-85.
2. Global atlas of artificial intelligence regulation / Ed. A. V. Neznamov. – 2023. – SPS ConsultantPlus.
3. Gorokhova S. S. Technologies based on artificial intelligence: prospects and responsibility in the legal field // Jurist. – 2021. – No. 6. – P. 60-67.
4. Pevtsova E. A. The influence of artificial intelligence on human legal activity // Journal of Russian Law. – 2020. – No. 9. – P. 19-31.
5. Regulation of robotics: introduction to “robocour”. Legal aspects of the development of robotics and artificial intelligence technologies. – M., 2018. – 232 p.
ECONOMY. LAW. SOCIETY
SULEYMANOVA Rimma Rifkhatovna
Ph.D. in philosophical sciences, associate professor of Political science and public relations sub-faculty, Institute of Humanitarian and social sciences, Ufa University of Science and Technology
FEATURES OF USING A DIGITAL APPROACH IN BRAND PROMOTION
In the modern world, which is rapidly developing in the context of globalization, characterized by a high degree of competition, the development of the digital environment and changes in consumer behavior, strong brands are an important supporting asset for any organization, and their effective promotion is becoming one of the key factors for the company’s success. Modern digital technologies help promote brands, increase their recognition and improve their reputation, which undoubtedly makes interaction with the target audience more effective.
Keywords: digital marketing, consumer loyalty, digital channels, social networks, marketplaces, promotion tools, email marketing, SEO, SMM, RP-digital.
Article bibliography
1. Kotler F. Marketing Basics: A Short Course. – Moscow: Williams, 2007. – 647 p.
2. Mazur E.E. Emotional Marketing: A Myth or a New Marketing Concept // Marketing in Russia and Abroad. – 2012. – No. 1. – P. 16-26.
3. Mikhailova N.I. Emotional Branding and Its Impact on Consumer Loyalty // Marketing and Marketing Research. – 2017. – No. 1. – P. 48-63.
4. Pan H., Ibatullina A. A. Brand promotion strategies in the digital age: comparison with the traditional approach // Economy in a changing world: Collection of scientific papers of the VIII International Economic Forum, Kazan, May 13-17, 2024. – Kazan: OOO IPK Brig, 2024. – P. 47-50.
5. Sekerin V. D. Innovative marketing: textbook. – Moscow: Infra-M, 2012. – 238 p.
6. Suleimanova R. R. Sociodynamics of communication processes in modern society: dis. … Cand. Philosophical Sciences. – Ufa, 2005. – P. 7-11.
7. Sysoeva T. L. Brand promotion based on digitalization tools // Management and entrepreneurship in the paradigm of sustainable development: Proceedings of the VI International scientific and practical conference, Yekaterinburg, May 26, 2023. – Yekaterinburg: Ural State University of Economics, 2023. – Pp. 220-222.
8. Tsylya Ya. Digital marketing: how modern technologies help promote brands in the online space // Young scientist. – 2024. – No. 19 (518). – Pp. 340-343.
9. Shopenko O. Yu. Innovative marketing. Part 2: tutorial. – SPb.: SPbGTURP, 2015. – 75 p.
10. Schultz Don E., Tannenbaum Stanley I., Lauterborn Robert F. New Marketing Paradigm: Integrated Marketing Communications: Trans. from English. – M.: INFRA-M, 2004. – 231 p.
ECONOMY. LAW. SOCIETY
ELYAKOV Alexander Lvovich
senior lecturer, Institute of Finance and Economics, North-Eastern Federal University, Yakutsk
EFFICIENCY OF USING LIQUEFIED NATURAL GAS FOR HEAT ENERGY PRODUCTION IN THE ARCTIC REGIONS OF THE REPUBLIC OF SAKHA (YAKUTIA)
This study provides a comparative assessment of the economic efficiency and assessment of the necessary volumes of subsidies for heat energy consumers in the Arctic regions of the Republic of Sakha (Yakutia) when using traditional fuels such as coal, crude oil, unstable gas condensate (and diesel fuel as a backup fuel) in the transition to liquefied natural gas by municipal energy enterprises. As a result, the economic feasibility of allocating a subsidy for the difference in high tariffs for heat energy for other consumers (except for the population and budgetary institutions receiving subsidies from budgets) in populated areas of nine Arctic regions of the Republic of Sakha (Yakutia) to the average republican level of tariffs was revealed from the proposed in the previous study of the Investment Development Fund of the Fueland Energy Complex of the Republic of Sakha (Yakutia) in order to stimulate entrepreneurial development and growth of energy consumption. An economic justification for reducing the volume of subsidies with the priority use of liquefied natural gas compared to coal, oil and gas condensate by municipal energy enterprises was also carried out.
Keywords: Republic of Sakha (Yakutia), Arctic regions, thermal energy, production, consumption, subsidy, comparative assessment, economic efficiency, cost price, tariff, required gross output (RGE).
Article bibliography
1. Federal Law “On Gas Supply in the Russian Federation” dated 31.03.1999 No. 69-FZ (as amended on 14.07.2022). [Electronic resource]. – Access mode: [electronic resource]: http://www.consultant.ru/document/cons_doc_LAW_22576/.
2. Federal Law “On Heat Supply” dated 27.07.2010 No. 190-FZ (as amended on 01.05.2022). [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_102975/.
3. Resolution of the Government of the Russian Federation of 10.22.2012 No. 1075 (as amended on 10.10.2022, as amended on 11.14.2022) “On pricing in the heat supply sector” (together with the “Fundamentals of pricing in the heat supply sector”, “Rules for regulating prices (tariffs) in the heat supply sector”. [Electronic resource]. – Access mode: http://www.consultant.ru/document/cons_doc_LAW_136932/.
4. Tarovik O. V., Mudrova O. M. Estimated cost of transporting small-tonnage LNG // WORLD OF TRANSPORT. – Volume 17. – No. 5. – 2019. – P. 130-147.
5. Chaika L. V. Priorities for Modernization of Energy Infrastructure in Rural Areas of the Komi Republic // Economic and Social Changes: Facts, Trends, Forecast. – No. 2 (38). – 2015. – P. 104-115.
ECONOMY. LAW. SOCIETY
CHUMLYAKOV Kirill Stanislavovich
Ph.D. in technical sciences, associate professor of Transport and technological systems sub-faculty, Tyumen Industrial University
CHUMLYAKOVA Daria Vladimirovna
Ph.D. in economical sciences, associate professor of Economics and production organization sub-faculty, Tyumen Industrial University
TYPOLOGY OF TRANSPORT INFRASTRUCTURE LINKS BY LEVEL OF ADAPTABILITY TO INTERNATIONALIZATION
The article is devoted to the study of internationalization of transport infrastructure and development of international transport systems in the modern conditions of globalization. A typology of links of transport infrastructure of international importance is developed in accordance with the determinants of their internationalization; it is proposed to distinguish three groups of links depending on the level of adaptability to internationalization. The first group of links is characterized by transnational potential and high adaptive capacity to respond to the challenges of the global economy. The second group is represented by links with international transport-transit and export-import potential. The third group is represented by links with transport potential of macro-regional significance within the boundaries of the country or macro-region of the country and low adaptive capacity. The characteristics of each group are given.
Keywords: internationalization, international transport infrastructure, international transport corridors, integration.
Article bibliography
1. Al-Jaberi A. A. Kh., Perkova M. V., Ivankina N. A., Al-Sawafi M. Kh. Typology of transit-oriented development // Bulletin of the Belgorod State Technological University named after V. G. Shukhov. – 2019. – No. 5. – P. 120-130. – DOI 10.34031/article_5cd6df47bbe469.43798065.
2. Astanin D. M., Tkachev A. A., Yalovkina L. V., Smirnov A. P. Typology of elements of urban development of ecological tourism territories: a systems approach // Architecture, construction, transport. – 2024. – No. 3 (109). – P. 22-35. – DOI 10.31660/2782-232X-2024-3-22-35.
3. Ogurtsov A. P., Abushenko V. L. Typology // Humanitarian portal: Concepts // Center for Humanitarian Technologies, 2002-2024 (last revised: 02/27/2024). – [Electronic resource]. – Access mode: https://gtmarket.ru/concepts/6846 (date of access: 20.11.2024).
4. Pokrovskaya O. D., Romanova I. Yu., Kukushkina Ya. V. Operation and development of logistics facilities / OOO “RIOR Publishing Center”, 2023. – 79 p. – ISBN 978-5-369-02112-5. – DOI 10.29039/02112-5.
5. Pyankova S. G. Theory and methodology of systemic socio-economic development of single-industry territories based on institutional renewal: abstract of a dissertation for the degree of Doctor of Economics. – Yekaterinburg, 2015. – 42 p.
6. Steshenko Yu. A. Typology of sectors of the national economy by the level of tax incentives based on clustering // Taxes and taxation. – 2018. – No. 4. – P. 40-57.
7. Chernova L. S. The relationship between the typology of constituent entities of the Russian Federation and methods for assessing the country’s economic development // Problems of Forecasting. – 2013. – No. 2 (137). – P. 127-139.
8. Chumlyakov K. S. Economic effects of the internationalization of transport infrastructure // Logistics audit of transport and supply chains: materials of the IV International scientific and practical conference. In 2 volumes, Tyumen, April 28, 2021. Volume 2. – Tyumen: Tyumen Industrial University, 2021. – P. 365-367.
9. Chumlyakov K. S., Chumlyakova D. V. Internationalization of transport infrastructure: the content of the concept and directions // Eurasian Law Journal. – 2021. – No. 12 (163). – P. 518-520. – DOI 10.46320/2073-4506-2021-12-163-518-520.
10. Chumlyakov K. S., Chumlyakova D. V. Economic environment of international transport infrastructure // Bulletin of the Altai Academy of Economics and Law. – 2024. – No. 4-2. – P. 335-340. – DOI 10.17513/vaael.3403.
11. Shaimardanova K. A. Classification and typology of transport interchange facilities in the structure of the largest city // Architecture and modern information technologies. – 2024. – No. 3 (68). – P. 200-211. – DOI 10.24412/1998-4839-2024-3-200-211.
12. Ansoff H. I. (1979). Strategic Management. – Palgrave Macmillan, London. –https://doi.org/10.1007/978-1-349-02971-6.
13. Donner M., De Vries H. Business models for sustainable food systems: a typology based on a literature review // Frontiers in Sustainable Food Systems. – 2023. – Vol. 7. – DOI 10.3389/fsufs.2023.1160097.
14. Lachininskii S. S. Experience on the typology of geoeconomic risks // Geography and Natural Resources. – 2013. – Vol. 34, No. 2. – P. 111-117. – DOI 10.1134/S1875372813020017.
15. Tan Ch. Y., Liu D. Typology of habitus in education: Findings from a review of qualitative studies // Social Psychology of Education. – 2022. – Vol. 25, No. 6. – P. 1411-1435. – DOI 10.1007/s11218-022-09724-4.
ECONOMY. RIGHT. SOCIETY
VEZLOMTSEVA Svetlana Gennadievna
Ph.D. in economic sciences, associate professor, associate professor of Economics, management, organization of production activities and labor adaptation of convicts sub-faculty, Academy of Law Management of the FPS of Russia
SERIAL PRODUCTION IN THE PENITENTIARY SYSTEM
The article examines the features of serial production in the penitentiary system. It describes small-scale production in pre-revolutionary Russia. It characterizes medium- and large-scale production that prevails in modern penitentiary institutions. The aim of the work is to form a holistic view of the main areas of production activity in the penal system in order to achieve the goal of attracting convicts to paid labor, both at present and in retrospect. Particular attention was paid to external and internal factors that influence the definition of the range of manufactured goods and the structure of serial production. The research involved the methods of dynamic and structural analysis, comparison, and generalization. The information base included scientific articles, periodicals, information and analytical materials.
Keywords: production, penitentiary system, small-scale production, persons sentenced to imprisonment.
Article bibliography
1. Buranova E. A., Ignatiev A. I. Labor re-education of convicts in the historical aspect // Actual problems of organizing the activities of bodies and institutions of the penal system: Materials of the interuniversity scientific and practical conference dedicated to the memory of the honored scientist of the RSFSR, doctor of legal sciences, professor A. I. Zubkov and the Day of Russian Science, Ryazan, February 14, 2017. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2017. – P. 27-33.
2. Matveeva N. S. Economic history of the development of the production sector of the penitentiary system of Russia // Historical and economic studies. – 2009. – Vol. 10, No. 1. – P. 14-39.
3. Piskunov A. I. The main stages of the formation and development of the production sector of the penitentiary system // The penitentiary system and society: experience of interaction: collection of materials of the X international scientific and practical conference, Perm, April 5-7, 2023. Volume 1. – Perm: Perm Institute of the Federal Penitentiary Service, 2023. – P. 84-87.
ECONOMY. LAW. SOCIETY
SHEPELEV Ivan Vyacheslavovich
bachelor’s degree student in “Geology”, St. Petersburg State University
KODOCHIGOVA Diana Alexandrovna
master’s degree student in “Management”, St. Petersburg State University
DECARBONIZATION OF RUSSIAN OIL AND GAS COMPANIES: CHALLENGES AND OPPORTUNITIES
The main goal of the climate policy of the Russian Federation is to reduce the negative impact of economic and other activities on the climateate without prejudice to the interests of the country and the competitiveness of the Russian economy. Climatic initiatives and strategies are being actively implemented both at the federal level and at the level of individual companies, including in the oil and gas sector of the Russian Federation economy. This review provides a generalized analysis of the priority areas of corporate strategies of 5 Russian oil and gas companies (PJSC Gazprom, PJSC Lukoil, PJSC Gazprom Neft, PJSC Tatneft and PJSC Rosneft) in the field of climate conservation and examples of practical implementation of climate goals taking into account modern challenges.
Keywords: Russian Oil and Gas companies, Climate agenda, energy transition, decarbonization, open reporting.
Article bibliography
1. Decarbonization of the oil and gas industry: international experience and priorities of Russia // Energy Center of the Moscow School of Management SKOLKOVO. – 2021. – [Electronic resource]. – Access mode: https://energy.skolkovo.ru/downloads/documents/SEneC/Research/SKOLKOVO_EneC_Decarbonization_of_oil_and_gas_RU_22032021.pdf (date of access: 11/18/2024).
2. Integrated annual report of PJSC Tatneft named after V.D. Shashin for 2023 “Energy of Life” // Tatneft: official website. – [Electronic resource]. – Access mode: https://www.tatneft.ru/uploads/publications/667d6dafd035a633648981.pdf (date of access: 11/18/2024).
3. Melnik D. Renewable energy sources are advancing. The Largest Oil and Gas Companies in the Era of Energy Transition // Oil and Gas Vertical: National Industry Journal. – 2020. – No. 20. – P. 34-43. – [Electronic resource]. – Access mode: https://ngv.ru/upload/iblock/75d/75dc0bc3dea87f080a2bd09afb5211e7.pdf (date of access: 11/18/2024).
4. Sustainability Report of PJSC Gazprom Neft for 2023 “Energy in People” // Gazprom Neft: official website. – [Electronic resource]. – Access mode: https://ir.gazprom-neft.ru/upload/iblock/f95/0arkptxcic1qpsj6722iib65xbc365hn/2023_OUR_sokr.pdf (date of access: 18.11.2024).
5. Report on social activities of PJSC Gazprom for 2022 “In the interests of our country” // Gazprom: official website. – [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/56/691615/gazprom-sustainability-report-ru-2022.pdf (date of access: 18.11.2024).
6. Report on social activities of PJSC Gazprom for 2023 “Time to be together” // Gazprom: official website. – [Electronic resource]. – Access mode: https://www.gazprom.ru/f/posts/07/429840/gazprom-sustainability-report-ru-2023.pdf (date of access: 18.11.2024).
7. Sustainability Report of PJSC Lukoil for the period from 01.01.2023 to 31.12.2023 “People – Sustainability of the Company” // Lukoil: official website. – [Electronic resource]. – Access mode: https://lukoil.ru/Sustainability/SustainabilityReport (date of access: 18.11.2024).
8. Sustainability Report of PJSC Rosneft for 2022 “Preserving the Environment” // Rosneft: official website. – [Electronic resource]. – Access mode: https://www.rosneft.ru/upload/site1/document_file/Rosneft_CSR2022_RUS.pdf (date of access: 18.11.2024).
9. Rosneft PJSC Sustainable Development Report for 2023 “One Team – Common Goals” // Rosneft: official website. – [Electronic resource]. – Access mode: https://www.rosneft.ru/upload/site1/document_file/Rosneft_CSR_2023_RUS.pdf (date of access: 18.11.2024).
10. Ryabova M. I. Features of the strategies of Russian oil and gas companies in the context of the energy transition. – DOI 10.24833/2071-8160-2023-1-88-219-243 // Bulletin of MGIMO University. – 2023. – Vol. 16, No. 1. – P. 219-243. – [Electronic resource]. – Access mode: https://www.vestnik.mgimo.ru/jour/article/view/3327 (date of access: 11/18/2024).
ECONOMY. LAW. SOCIETY
ELYAKOV Alexander Lvovich
magister student of the 2nd course of Financial and economic sub-faculty, Institute of Finance and Economics, North-Eastern Federal University, Yakutsk
FINANCIAL ANALYSIS OF THE ACTIVITIES OF JOINT-STOCK COMPANY HOCKEY COMMITTEE “YAKUTUGOL” FOR 2021-2023
The article presents a financial analysis of the activities of JSC HC Yakutugol, which includes an analysis of the property potential, such as the composition, structure of property and sources of its formation; an analysis of the financial stability of the enterprise, including an analysis of the sufficiency of sources of financing for the formation of reserves and an analysis of the general coefficients characterizing the capital structure; an analysis of the composition, structure and dynamics of the company’s income and expenses; the “qualities” of profit and profitability indicators are determined. It is concluded that JSC HC Yakutugol experienced a significant decrease in profit and profitability indicators in 2023, one of the reasons may be an increase in the company’s cost of sales. Based on this, it was revealed that the company needs additional analysis and measures to eliminate negative trends and increase the financial stability of JSC HC Yakutugol.
Keywords: JSC HC Yakutugol, composition, structure, property, composition, structure, property, income, expenses, source of financing, profit, profitability, financial stability.
Article bibliography
1. Federal Law of December 6, 2011 No. 402-FZ “On Accounting”.
2. Federal Law of 26.12.1995 No. 208-FZ (as amended on 07.10.2022, as amended on 19.12.2022) “On Joint-Stock Companies” (as amended and supplemented, entered into force on 01.01.2023).
3. Order of the Ministry of Finance of the Russian Federation dated July 2, 2010 No. 66n “On the forms of financial statements of organizations”.
4. Dorman V. N. Commercial organization: income and expenses, financial result: a textbook for secondary vocational education / V. N. Dorman; under the scientific editorship of N. R. Kelchevskaya. – Moscow: Publishing house Yurait, 2023. – 107 p. – (Vocational education). – ISBN 978-5-534-08387-3. [Electronic resource]. – Access mode: https://urait.ru/bcode/514262.
5. Financial markets and institutions: textbook and workshop for universities / N. B. Boldyreva [et al.]; edited by N. B. Boldyreva, G. V. Chernova. – 2nd ed., revised. and additional. – Moscow: Yurait Publishing House, 2022. – 379 p. – (Higher education). – ISBN 978-5-534-15055-1. [Electronic resource]. – Access mode: https://urait.ru/bcode/490173.
6. Financial analysis: textbook and workshop for universities / A. N. Zhilkina. – Moscow: Yurait Publishing House, 2023. – 285 p. — (Higher education). — ISBN 978-5-534-02401-2. [Electronic resource]. – Access mode: https://urait.ru/bcode/510908/p.101.
7. Financial analysis: textbook and workshop for universities / I. Yu. Evstafieva [et al.]; edited by I. Yu. Evstafieva, V. A. Chernenko. – Moscow: Yurait Publishing House, 2022. – 337 p. – (Higher education). – ISBN 978-5-534-00627-8. [Electronic resource]. – Access mode: https://urait.ru/bcode/489494.
8. Shadrina G. V. Analysis of financial and economic activities: textbook for secondary vocational education / G. V. Shadrina, K. V. Golubnichy. — 4th ed., revised and enlarged. — Moscow: Yurait Publishing House, 2023. — 463 p. — (Professional education). — ISBN 978-5-534-16888-4. [Electronic resource]. – Access mode: https://urait.ru/bcode/531980.
9. Economic analysis of the organization’s activities: textbook for academic. bachelor’s students / E. V. Neyaskina, O. V. Khlystova. — 2nd ed., revised and enlarged. — Moscow; Berlin: DirectMedia, 2020. — 400 p.
10. Official website of Yakutugol Joint-Stock Company. [Electronic resource] – Access mode: https://mechel.ru/sector/mining/yakutugol/
11. Official website of information support for Russian accountants, auditors, appraisers and financiers. [Electronic resource] – Access mode: https://www.audit-it.ru.
PHILOSOPHY. LAW. SOCIETY
ABDULAEVA Ilmira Abduragimovna
Dagestan State University, Kizlyar Branch, Kizlyar
DEMESHKO Natalya Viktorovna
Dagestan State University, Kizlyar Branch, Kizlyar
ISKANDYROVA Leila Abaziarovna
Dagestan State University, Kizlyar Branch, Kizlyar
THE PHENOMENON OF CIVIL SOCIETY: A PHILOSOPHICAL-RELIGIOUS CONCEPT
Based on a study of the views and statements of scientists from different eras, the article reveals such a complex phenomenon as civil society. Religion also plays a significant role in civil society, which contributes to the development of mechanisms for the protection of moral norms and the development of dialogue between religious communities and the state.
The author emphasizes the important role of traditional religions and religious organizations in the formation of civil society. In addition, the article formulates conclusions about the importance of forming a civil society in conjunction with traditional and religious values, especially during periods of systemic crisis, political instability and social rupture.
Hypothesis: the study of civil society in the context of the transformation of the world order and the degradation of traditional and religious values gives hope for the preservation of the genetic code of the peoples living on the territory of the Russian Federation
Keywords: civil society, society, religion, ethnicity, confession, ethical principles, rights and freedoms.
Bibliographic list of articles
1. Aristotle Op. in 4 volumes. Moscow, 1983. 416 p. [Electronic resource]. – Access mode: https://pavroz.ru/files/aristotle4.pdf
2. Hegel G.V.F. Works. Moscow-Leningrad: Sotsekgiz, 1934. Vol. VII. Pp. 263-270.
3. Global Alliance of Civil Society. [Electronic resource]. – Access mode: https://monitor.civicus.org/country-rating-changes/russia/
4. Kant I. Critique of Practical Reason // Coll. works: in 6 volumes. Vol. 4, part 1. Moscow: Mysl, 1963-1965. 544 p.
5. Morozova R. I. Man and society in the political teaching of F. Nietzsche // Forum of young scientists. 2018. No. 5-2 (21). [Electronic resource]. – Access mode:: https://cyberleninka.ru/article/n/chelovek-i-obschestvo-v-politicheskom-uchenii-f-nitsshe (date of access: 02/15/2024).
6. Soloviev V. S. Works in 2 volumes. Moscow: Mysl, 1990. 330 p. [Electronic resource]. – Access mode: https://iphras.ru/elib/Soloviev_Opr_dobra.html].
7. Trofimov S. V. Emile Durkheim on the role of religion in public life. Justification for the choice of elementary religion // Bulletin of Moscow University. Series 18. Sociology and political science. 2019. No. 25 (3). P. 173-197. [Electronic resource]. – Access mode: https://doi.org/10.24290/1029-3736-2019-25-3-173-197
8. Yumashev Yu. M. I. Kant’s ideas on international law and human rights and their further development in the modern era // Journal of Foreign Legislation and Comparative Law. 2022. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/idei-i-kanta-o-mezhdunarodnom-prave-i-pravah-cheloveka-i-ih-dalneyshee-razvitie-v-sovremennuyu-epohu (date of access: 15.02.2024).
PHILOSOPHY. LAW. SOCIETY
VOROBJEV Dmitriy Valerjevich
Ph.D. in philosophical sciences, professor of Philosophy sub-faculty, N. I. Lobachevsky Nizhny Novgorod National Research State University
SHMELEVA Natalya Vladimirovna
Ph.D.in philological sciences, associate professor of Philosophy and social sciences sub-faculty, Kozma Minin Nizhny Novgorod State Pedagogical University
“INTUITION”, “INTELLIGENCE” AND “INSTINCT” IN THE TEACHING ABOUT CREATIVE EVOLUTION OF HENRI BERGSON
The article examines the concepts of instinct, intuition, and intelligence. Being key concepts in Bergson’s philosophy, these concepts are closely connected with the concept of the vital impulse in which life moves. As life moves, it divides into many different directions. Being two different, divergent directions of life (of the same origin), intelligence and instinct, however, may have a common point 0r place where they can come together. This point is intuition.
Keywords: Intuition, intelligence, instinct, life impulse, evolution.
Article bibliography
1. Bergson A. Creative evolution. Matter and memory. – Minsk: Harvest, 1999. – 1408 p.
2. Blauberg I. I. Philosophical intuition of A. Bergson // Philosophical journal. – 2016. -Vol. 9, No. 2. – P. 24-35.
3. Worms F. How Bergson introduces the problem of life into French philosophy of the 20th century // Logos. – 2009. – No. 3 (79). – P. 45-57.
4. Lossky N. O. Intuitive Philosophy of Bergson. – SPb.: Uchitel, 1922. –109 p.
5. Reale D., Antiseri D. Western Philosophy from Its Origins to the Present Day. Volume 4. From Romanticism to the Present Day. – SPb.: Petropolis, 1997. –880 p.
6. François A. The Concept of Truth in Bergson. Remarks on Bergson’s “Pragmatism” // Logos. – 2009. – No. 3 (79). – P. 144-154.
PHILOSOPHY. LAW. SOCIETY
PARILOV Oleg Viktorovich
Ph.D. in philosophical science, professor, professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
SHCHERBAKOVA Mariya Pavlovna
Ph.D. in sociological sciences, Head of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
ALEXANDRINA Natalya Mikhaylovna
Ph.D. in Law, associate professor of Psychology and pedagogy sub-faculty, Nizhny Novgorod Academy of the MIA of Russia
ETHICAL AND EXISTENTIAL CONSEQUENCES OF TOTAL DIGITALIZATION AND THE INTRODUCTION OF ARTIFICIAL INTELLIGENCE
The article is dedicated to the ethical and existential consequences of digitalization and the mass introduction of artificial intelligence. Total digitalization is a vivid embodiment of globalization processes, as a consequence, it inevitably discredits the basic ethical principles of social solidarity and patriotism. And in this it contradicts modern ideological and political trends in preserving Russian spiritual and moral values. The ethical and existential losses resulting from mass digitalization and the introduction of artificial intelligence also include: loss of national and traditional identity, conflict between the artificial and the natural in humans, mental transformations, destruction of personal space and total manipulation, displacement of humans by artificial intelligence, implementation of the postmodern concept of the “death of man”, absolute moral relativism, since artificial intelligence is deprived of an ethical justification for its own existence.
Keywords: ethics, artificial intelligence, digitalization, existential consequences of digitalization and the introduction of artificial intelligence, globalization, preservation of traditional values, moral relativism.
Article bibliography
1. Kocherov S. N., Parilov O. V., Kondratyev V. Yu. Philosophy of the Russian idea. – N. Novgorod: Minin University, 2018. – 288 p.
2. Kocherov S. N., Parilov O. V. Philosophy of the Russian idea: monograph. – M .: Publishing House “Russian Philosophy”. – 300 p.
3. 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: http://www.kremlin.ru/acts/bank/48502 (date accessed: 12/15/2024).
4. Foreign Policy Concepts of the Russian Federation, 1993-2023 / Comp. D. V. Kuznetsov. – Blagoveshchensk: B. pub., 2023. – 122 p.
5. Decree of the President of the Russian Federation of July 2, 2021 No. 400 “On the National Security Strategy of the Russian Federation”. [Electronic resource]. – Access mode: https://base.garant.ru/401425792/?ysclid=ltegz0c8i8704445870 (date of access: 15.12.2024).
6. Sunami A. N. Ethics of the “digital society”: new conflict or new balance // Bulletin of St. Petersburg University. Philosophy and Conflictology. – 2023. – Vol. 39, Issue. 3. – P. 544-556.
7. Redshaw T. What is Digital Society? Reflections on the aims and purpose of digital sociology // Sociology. – 2020. – Vol. 54 (2). – P. 425-431.
8. Walker M., Fleming P., Berti M. “You can’t pick up a phone and talk to someone”: How algorithms function as biopower in the gig economy // Organization. – 2021. – Vol. 28 (1). – P. 26-43.
9. Chayko M. Superconnected: The Internet, digital media, and techno-social life. – Thousand Oaks, CA: Sage, 2016. – 272 p.
10. Hardt M., Negri A. Empire / Transl. from English under the general editorship of G. V. Kamenskaya. – Moscow: Praxis, 2004. – 434 p.
11. Deleuze J. On the Death of Man and the Superman. [Electronic resource]. – Access mode: http://www.gumer.info (date of access: 15.12.2024).
12. Bostrom N., Circovic M. M. (eds) Global catastrophic risks. – Oxford: Oxford University Press, 2011. – 554 p.
PHILOSOPHY. LAW. SOCIETY
TEREBIKHIN Nikolay Mikhaylovich
Ph.D. in philosophical sciences, professor of Cultural and religious studies sub-faculty, M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
ZAYKOV Konstantin Sergeevich
Ph.D. in historical sciences, Head of Regional studies, international relations and political sciences sub-faculty, M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
SOROKIN Sergey Eduardovich
Ph.D. in philosophical sciences, professor of Regional studies, international relations and political sciences sub-faculty, M. V. Lomonosov Northern (Arctic) Federal University, Arkhangelsk
SEMIOTICS OF THE TRADITIONAL SOCIOCULTURAL SPACE OF THE RUSSIAN NORTH
The article presents the results of a semiotic study of the traditional sociocultural space of the Russian North. The origins of the formation of “semiotics of the cultural space of the North” as a new scientific direction in Russian northern studies are revealed. A brief analytical overview of the current state, methodological strategies and main directions of research in social and political semiotics, represented by the works of the Moscow and St. Petersburg scientific schools, is given. The main versions of “triadology” and the principle of “trinity” in modern Russian cultural studies, the metaphysical doctrine of traditionalism, in geophilosophy and geopoetics of the North are outlined, and the role of the paradigm images “Trinity” and “Beauty” in the trinitarian structure of the traditional socio-cultural space of urban and rural areas is considered Russian North.
Keywords: social political and semiotics, traditional, socio-cultural space, axiological triad, zemstvo self-government, Russian North, architectural ensemble, triadology, landscape.
Bibliographic list of articles
1. Borzova E. P. Triadology. − St. Petersburg: SPbKO, 2013. – 579 p.
2. Veniamin (Rumovsky-Krasnopevkov), archbishop. New Tablet: A Complete Explanation of All Church Services, Rituals, Prayers, and Items of Church Usage. – SPb.: P. P. Soikin Publishing House, 1909. – 551 p.
3. Gavrilova M. V. Social Semiotics: An Attempt to Systematize a Terminological System // METHOD: Moscow Yearbook of Works from Social Sciences. Issue 8: Image and Imagery. From the Formation of the Universe to the Formation of Its Researcher / Ed. Ilyin M. V. – Moscow: INION RAS, 2018. – Pp. 404-417.
4. Guenon R. Essays on Tradition and Metaphysics. – SPb.: Azbuka-classic Publishing Group, 2010. – 320 p.
5. Dobro // Internet Dictionary Dictionary “Glagol”. [Electronic resource]. – Access mode: https://pervobraz.ru/slova/article_post/dobro (date accessed: 07.12.2024).
6. Ilyin M. V., Fomin I. V. Social semiotics: the study of discourses and practices of social interaction // Discourse-Pi. – 2018. – No. 3-4. – P. 15-24.
7. Linnik Yu. V. Spirituality of the Russian North. – Petrozavodsk, 2007. – 72 p.
8. Measure // Internet dictionary dictionary “Glagol”. [Electronic resource]. – Access mode: https://pervobraz.ru/slova/article_post/mera (date accessed: 07.12.2024).
9. Terebikhin N. M. On the problem of organizing space in the construction rituals of the Permian Finno-Ugrics // Summary of reports of the scientific session dedicated to the main results of work in the tenth five-year plan. – L.: Nauka, 1983. – Pp. 77-79.
10. Terebikhin N. M. Metaphysics of the North. – Arkhangelsk: SOLTI, 2020. – 516 p.
11. Terebikhin N. M. Semiotics of the cultural space of the peoples of the European North: author’s abstract. dis. … doctor of philosophy. Sciences: 17.00.08 – St. Petersburg, 1995. − 43 p.
12. Terebikhin N. M. Construction rituals of the Perm Finno-Ugrians: abstract of thesis. dis. …cand. ist. Sciences: 07.00.07. – L., 1981. – 20 p.
13. Terebikhin N. M., Melyutina M. N., Yakovleva A. V. Institute of mentoring in the sociocultural space of the Russian North and the Russian Arctic: traditions and innovations // Arctic and North. – 2024. − No. 56. – P. 201-304.
14. Toporov V. N. Holiness and saints in Russian spiritual culture. T. 1: The first century of Christianity in Rus’. – M.: “Gnosis” − School “Languages of Russian Culture”, 1995. – 875 p.
15. Tulchinsky G. L. Interdisciplinary potential of social semiotics and anthropology of digitalization // Social semiotics: growth points / Under the scientific editorship of G. L. Tulchinsky. – St. Petersburg: OOO “Skifiya-print”, 2020. – P. 12-18.
16. Fomin I. V. Semiotic frontier: through the depths of centuries and the boundaries of disciplines // METHOD: Moscow yearbook of works from social science disciplines. Issue 7: Transdisciplinary methods in social science / Ed. and compiler. issue. Ilyin M. V. – M.: INION RAS, 2017. – P. 25-37.
17. Fomin I. V., Ilyin M. V. Why do political scientists need semiotics? // Political science. – 2016. – No. 3. – P. 12-29.
18. Shergin B. V. Fine masters: Pomor epics and tales. – M.: Molodaya Gvardiya, 1990. – 423 p.
19. Yushkov S. V. Essays on the history of parish life in the North of Russia in the 15th-17th centuries. – St. Petersburg: Printing house of M. A. Alexandrov, 1913. – 137 p.
PHILOSOPHY. RIGHT. SOCIETY
TUKHVATULLIN Rustem Rasfarovich
Ph.D. in historical sciences, Head of Foreign history sub-faculty, Institute of History and Public Administration, Ufa University of Science and Technology
SHAYAKHMETOV Fidail Fanilevich
Ph.D. in historical sciences, associate professor of Foreign history sub-faculty, Institute of History and Public Administration, Ufa University of Science and Technology
MEMORY POLICY AND COMMEMORATIVE PRACTICES IN THE CONSOLIDATION OF RUSSIAN SOCIETY IN THE CONTEXT OF MODERN CHALLENGES (ON THE EXAMPLE OF THE REPUBLIC OF BASHKORTOSTAN)
The article is devoted to the policy of memory and memorial practices, which in the last couple of decades have become the most important discourses in the policy of the federal center and regions of Russia to consolidate the country on the basis of its centuries-old history, unique multinational and multi-confessional culture. The article examines the most significant areas of activity of regional authorities and civil society of the Republic of Bashkortostan in the field of memory policy, aimed at strengthening the unity of Russia and its regions in the context of modern geopolitical challenges.
Keywords: politics of memory, memorial practices, multinational people, traditional values, special military operation, national unity.
Article bibliography
1. Berdin A. T. Memorial and symbolic positioning in a multi-ethnic society based on the materials of Bashkortostan in the context of the SVO // Problems of Oriental Studies. 2024. No. 3 (105). P. 36-43.
2. Buranchin A. M. Memorial policy in the Republic of Bashkortostan in the context of the special military operation in Ukraine // Counteracting extremism and terrorism in the context of new geopolitical challenges: materials of the round table / Ed. M. Kh. Mardanov, compiled by D. A. Ismagilov. Ufa: Samrau Publishing House, 2022. Pp. 44-49.
3. In Bashkiria, a monument to twice Hero of the Soviet Union Musa Gareev was unveiled in his small homeland // Bashinform (news agency). July 8, 2022. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/social/2022-07-08/v-bashkirii-pamyatnik-dvazhdy-geroya-sovetskogo-soyuza-musy-gareeva-otkrylsya-na-ego-maloy-rodine-2868468 (access date: 10/29/2024).
4. A memorial to fallen soldiers of the SVO was unveiled in Ufa // Bashinform. 08/29/2024. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/svo/2024-08-29/v-ufe-otkryli-memorial-pavshim-voinam-svo-3903990 (access date: 10/28/2024).
5. A monument to Hero of Russia, Major General Minigali Shaimuratov was unveiled in Ufa // Head of the Republic of Bashkortostan (website). 10/11/2022. [Electronic resource]. – Access mode: https://glavarb.ru/rus/press_serv/novosti/158501.html (access date: 10/29/2024).
6. A monument to the legendary intelligence hero Dayan Murzin was unveiled in Ufa // Head of the Republic of Bashkortostan (website). 06/07/2022. [Electronic resource]. – Access mode: https://glavarb.ru/rus/press_serv/novosti/154574.html (access date: 10/29/2024).
7. Meeting of the Council on Interethnic Relations. May 19, 2023, Pyatigorsk // President of Russia. May 19, 2023. [Electronic resource]. – Access mode: http://www.kremlin.ru/events/president/transcripts/71165 (access date: 10/27/2024).
8. Information on the number of settlements by constituent entities of the Russian Federation // Ministry of Finance of Russia (website). 09/09/2019. [Electronic resource]. – Access mode: https://minfin.gov.ru/ru/document/?id_4=128341&ysclid=m4k47orl4e106883569 (access date: 10/30/2024).
9. The UN General Assembly Committee adopted a resolution of Russia on combating the glorification of Nazism // RIA Novosti. 11/11/2024. [Electronic resource]. – Access mode: https://ria.ru/20241111/oon-1983186482.html (access date: 11/12/2024).
10. On Sovetskaya Square in Ufa, schoolchildren were initiated into the “Shaimuratovtsy” // Bashinform. 10/11/2024. [Electronic resource]. – Access mode: https://www.bashinform.ru/news/social/2024-10-11/na-sovetskoy-ploschadi-v-ufe-shkolnikov-posvyatili-v-shaymuratovtsev-3964518 (access date: 20.11.2024).
11. Nora P. Problematic of places of memory // Nora P., Ozouf M., de Puy-mege J., Vinok M. France – memory / Translated from French by D. Khapaeva. St. Petersburg: Publishing house of St. Petersburg State University, 1999. Pp. 17-150.
12. Politics of memory in Russia – regional dimension / Responsible. editors A. I. Miller, O. Yu. Malinova, D. V. Efremenko. M.: Institute of Scientific Information on Social Sciences of the Russian Academy of Sciences, 2023. 471 p.
13. Decree of the President of the Russian Federation of 02.07.2020 No. 444 “On assigning the honorary title of the Russian Federation “City of Labor Valor” // Laws, codes and regulatory legal acts of the Russian Federation. [Electronic resource]. – Access mode: https://legalacts.ru/doc/ukaz-prezidenta-rf-ot-02072020-n-444-o-prisvoenii/ (date of access: 12.03.2021).
14. Decree of the President of the Russian Federation of 30.03.2020 “On awarding state awards of the Russianof the Federation” // Official Internet portal of legal information. [Electronic resource]. – Access mode: http://publication.pravo.gov.ru/Document/View/0001202003300066 (access date: 10/29/2024).
15. Decree of the President of the Russian Federation “On approval of the Fundamentals of state policy for the preservation and strengthening of traditional Russian spiritual and moral values” dated November 9, 2022 // Garant.Ru. November 10, 2022 [Electronic resource]. – Access mode: https://www.garant.ru/products/ipo/prime/doc/405579061/?ysclid=m4a4odalsq322540016 (access date: 10/27/2024).
16. Decree of the President of the Russian Federation of March 31, 2023 “On approval of the Foreign Policy Concept of the Russian Federation” // President of Russia (website). [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/49090 (access date: 10/27/2024).
17. Halbwachs M. Social framework of memory; trans. from French and introductory article by S. N. Zenkin. M.: Novoye Izd-vo, 2007. 346 p.
18. Shagapova G. R., Zinnatullin A. A. History of the Great Patriotic War in the urbanonyms of the city of Ufa // Bulletin of the Academy of Sciences of the Republic of Belarus. 2021. Vol. 38, No. 1 (101). Pp. 88-95.
PHILOSOPHY. LAW. SOCIETY
FARKHITDINOVA Olga Mikhaylovna
Ph.D. in philosophical sciences, associate professor of Ontology and theory of knowledge sub-faculty, Ural Federal University, Yekaterinburg
ATTRIBUTION OF ESOTERICISM IN THE CONTEXT OF MODERN SCIENTIFIC MODELS
The article proposes to consider three variations of esotericism attributions: demanded / significant / rejected, in which ideas about non-obvious human capabilities are concretized. To analyze those of them that are focused on the priority of studying human abilities and have been borrowed, in some cases they are reflected in the epistemological models of modern science. It is concluded that the departure from stable forms of rationality to cognition of the “illogical”, “inaccessible” from the point of view of modern science, it is advisable to consider as a condition demonstrating group, mass and individual effects on the adaptation of ideas about some “mysterious”, in our case, hidden human abilities.
The process of sacralization of mass culture is the transformation of elements of everyday life, cultural phenomena and products of mass culture into objects endowed with special meaning, significance and even sacred status. This process is often associated with a change in the perception of what was originally considered ordinary or secular, and the elevation of “these givens” to the level of an important cultural symbol or ideal.
The study of the processes of “sacralization” of mass culture, the associated characteristics of mass consciousness and the actualization of the ideas of occult psychology will help to understand the mechanisms of formation of conspiracy models of thinking and substantiation of practices related to ideas about human abilities. In this sense, esoteric teachings can be considered as an alternative scientific approach to understanding (interpreting) human capabilities, which contribute to the process of «sacralization» of mass culture.
Keywords: hidden human possibilities, «sacralization» of mass culture, cultural symbol, attribution of esotericism.
Article bibliography
1. Averintsev S. S. Ancient rhetoric and the fate of ancient rationalism // The image of antiquity. – St. Petersburg, 2004. – 480 p.
2. Bekhterev V. M. Hypnosis. Suggestion. Telepathy. – Moscow: Publishing house: Knigovek, 2019. – 416 p.
3. Golubeva E. A. Abilities. Personality. Individuality. – Dubna: “Phoenix+”, 2005. – 512 p.
4. Zolotukhina-Abolina E. V. Consciousness creating reality (gnoseological and existential aspects). – M.; Berlin: Direct-Media, 2016. – 237 p.
5. Konakov A. Waning world: the history of the “incredible” in the late USSR. – M.: Garage Museum of Contemporary Art, 2022. – 240 p.
6. Leshkevich T. G. Meaning-formation in the context of the frontiers of the digital era // Meaning-formation and its contexts: life, structure, culture, experience. – 2022. – No. 1.
7. Losev A. F. Essays on ancient symbolism and mythology. – M.: Academicheskiy proekt, 2021. – 755 p.
8. Lukyanov A. Yan Zhu as a Philosopher: Between Taoism and Confucianism // Problems of the Far East. – M., 2001. – No. 2. – P. 139-151.
9. Mikhailova I. V. Attribution in Various Situations: monograph. – Ulyanovsk: Ulyanovsk State University, 2018. – 160 p.
10. Nebylitsyn V. D. Problems of Psychology of Individuality: Selected Psychological Works. – M.: MPSI; Voronezh: MODEK, 2000. – 682 p.
11. Panin S. A. Discussions on the legal status of esotericism in modern Russia // Mystical and esoteric movements in theory and practice: mysticism and esotericism in Russia and other countries of the post-Soviet space. Collection of materials of the Ninth All-Russian scientific conference with international participation (November 9–11, 2017, Moscow) / Ed. and compiled by S. V. Pakhomov. – St. Petersburg: Publishing House of the Russian Academy of Sciences, 2018. – 254 p.
12. Rozin V. M. The Essence of Esotericism: Esoteric Personality. Reconstruction of Esoteric Teachings. – Moscow: URSS, 2021. – 264 p.
13. Tyson D. Extrasensory Perception for Beginners. Extrasensory Perception of Touch. – Moscow: FAIR-PRESS, 2003. – 272 p.
14. Teplov B. M. Selected Works: in 2 volumes. Vol. I. – Moscow: Pedagogy, 1985. – 328 p.
PHILOSOPHY. LAW. SOCIETY
ZAKHAROV Alexey Vladimirovich
postgraduate student of Philosophy sub-faculty, N. P. Ogarev National Research Mordovian State University, Saransk
THE ORIGINS OF RUSSIAN SOCIO-CULTURAL PRE-EMERGENCE IN LATE BYZANTIUM AND MODERNITY
The Byzantine thinkers were clearly aware that the empire was falling into final decline and only the ideology of the Orthodox kingdom still linked the elements of the old mechanism and social consciousness. The implementation of the value system in the state opens up prospects for further optimal development of the country, creates conditions for ensuring the well-being of the population, much is understood in comparing the experience of the cultures of Byzantium and Russia. The article expresses the evolution of the ideas of humanism from the perspective of today.
Keywords: morality, antiquity, Byzantinism, society, Heraclitus, Plato, humanism.
Article bibliographic list
1. Averintsev S. S. Poetics of early Byzantine literature. Moscow: Nauka, 1977. 320 p.
2. Aristotle. Evdemova Ethics. In eight books. Moscow: Institute of Philosophy of the Russian Academy of Sciences, 2005. P. 43.
3. Faith. Ethnos. Nation. Religious component of ethnic consciousness / Ed. coll. M. P. Mchedlov (editor), Yu. A. Gavrilov, V. V. Gorbunov, et al. Moscow: Cultural Revolution, 2007. 368 p.
4. Guseinov A. A. Ancient Ethics. Moscow: Book House “LIBROKOM”, 2011. P. 99.
5. Guseinov A. A. Two-level structure of values in Stoic ethics // Ethics of Stoicism: Traditions and Modernity: Collection of articles. Moscow: IFAN, 1991.
6. Kuchma V. V. Military organization of the Byzantine Empire. Scientific publication. St. Petersburg: Aleteia, 2001. 426 p.
7. Losev A. F. Correspondence in the room // A.F. Losev. “I was exiled to the 20th century”: In 2 volumes. Volume 1. Moscow: Vremya, 2002. Pp. 5-6.
8. Losev A. F. Eros in Plato // Losev A. F. Being. Name. Space. Moscow, 1993. Pp. 32.
9. Plato. Selected: Trans. from ancient Greek. Moscow: AST, 2004. 492 p.
10. Solonevich I. L. People’s monarchy. Moscow, 2002. Pp. 88-89.
11. Talbot A. M. M. The compositional methods of a palaiologan hagiographer: intertextuality in the works of theoktistos the stoudite // Imitatio- Aemulatio- Variatio. Akten des internationalen wissenschaftlichen Symposions zur byzantinischen Sprache und Literatur. Vienna, 2010. P. 253-260.
PHILOSOPHY. RIGHT. SOCIETY
VASYUTIN Ivan Denisovich
magister student of the 2nd year of study, Institute of History and Public Administration, Ufa University of Science and Technology
GILIMOVA Zarema Fanavievna
magister student of the 2nd year of study, Institute of History and Public Administration, Ufa University of Science and Technology
THE ROLE OF THE FAMILY IN THE PHILOSOPHY OF RUSSIAN CONSERVATISM IN THE MIDDLE OF THE XIX-EARLY XX CENTURIES
The publication examines the views of Russian philosophers of conservatism in the middle of the XIX – early XX centuries, with regard to the institution of the family. The influence of ancient political philosophy on the development of a conservative view of the formation of family values is analyzed. The influence of the theory of the paternalistic origin of the state on the role of the monarch in the philosophy of Russian conservatism is considered. The views of three major representatives of Russian conservatism in the middle of the XIX – early XX centuries are analyzed. The role of the family in conservative political philosophy has been considered in the journalism of the following philosophers: M. N. Katkov, K. P. Pobedonostsev and M. O. Menshikov.
Keywords: conservatism, Russian conservatism, tradition, family, family values.
Article bibliography
1. Aristotle. Nicomachean Ethics / Aristotle. – M.; Berlin: Direct-Media, 2020. – 222 p.
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PHILOSOPHY. LAW. SOCIETY
LEBEDEVA Nataliya Vladimirovna
postgraduate student of Social and humanitarian sciences sub-faculty, M. I. Platov South Russian State Polytechnical University, Novocherkassk
SOCIAL MYTH AS A FACTOR OF SELF-MAINTENANCE OF THE EQUILIBRIUM OF THE SOCIAL SYSTEM
The article examines the mythological foundations of self-maintenance of the equilibrium of the social system by reducing the innovativeness of consciousness; it is shown that social myth is capable of reducing social dynamics and blocking changes in social practice. The socio-therapeutic function of social myth is also considered, expressed in the removal of epistemological trauma of consciousness created by rationalization and processes of objectification and analytical division of the world into objects of knowledge. Myth is shown as a value-neutral phenomenon of modern society, which cannot be eliminated from public and individual consciousness. It can perform both constructive and destructive tasks in society, especially the latter concerns modern ideological man-made myths that perform not the tasks of consolidation, but the functions of legitimizing power. However, a naturally arising social myth always meets the needs of social consciousness for stabilization, conservation of the values of the social system, the need to reduce social dynamics and establish equilibrium in the social system.
Keywords: society, myth, mythological consciousness, mythologization, social consciousness, social identity
Article bibliography
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BOOK REVIEW
ARDASHEV Roman Georgievich
Ph.D. in philosophical sciences, Ph.D. in Law, Head of Philosophy and socio-humanitarian disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk; professor of Public and municipal administration sub-faculty, Institute of Social Sciences, Irkutsk State University
THE SOCIAL FOCUS OF CORRUPTION IN SPORTS (REVIEW OF THE MONOGRAPH BY V. N. TURKOVA “SOCIOLOGICAL ANALYSIS OF CORRUPTION IN SPORTS”)
The peer-reviewed publication covers the issues of corruption in sports from the standpoint of social processes and social institutions. Statistical data on corruption in sports are analyzed, and general attitudes of Russians are identified through public opinion research, survey methods, interviews expert and content analysis. As a result of a series of research projects, the dynamics of changes in corruption in sports are identified. A conclusion is made about the social causes of corruption in sports and a number of measures are proposedd to reduce this negative phenomenon in the public consciousness. The monographic study will be useful for scientists studying corruption and corruption in sports, in particular, as well as for ordinary people who are passionate about sports and interested in all processes related to sports, athletes and sports processes in the country and the world.
Keywords: sociological analysis, corruption, sport.
Article bibliographic list
1. Turkova V. N. Sociological analysis of corruption in sports: monograph. – Irkutsk: Publishing house of Irkutsk National Research Technical University, 2023. – 158 p.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
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