CONTENT OF NUMBER AND SUMMARIES OF ARTICLES
EURASIAN LAW JOURNAL №2(201)2025

PERSONA GRATA
R. N. Salieva:
Practice is the basis of scientific knowledge, and science contributes to the improvement of practice
Interview with Salieva Roza Nailjevna, Ph.D. in Law, professor, chief researcher of the Institute of Ecology and Subsoil Use Problems of the Academy of Sciences of the Republic of Tatarstan.
INTERNATIONAL LAW
Idelbaeva G. I., Morozova S. A.
Impact of global conflicts on the internal security of the state
Kinyabaeva G. A., Morozova S. A.
Historical roots of Chinese diplomacy
Minigulova I. R.
International migration: legal mechanisms of regulation
Nutsalkhanov G. N.
Towards a nuclear-weapon-free zone in Africa
Ryzhov N. A.
Protecting foreign investment in Africa in the context of regional sanctions
Talimonchik V. P.
The concept of effective international legal regulation of the creation and use of information and communication systems
Andropova A. O.
Problems of international legal protection of means of individualization of legal entities, goods and services
Gasanov T. R.
Evolution of the international legal integration of the Caspian littoral states
Marzanov A. Yu.
Features of the participation of the Roman See and the Vatican City State in diplomatic and consular relations
Rakhimova M. S.
International legal framework and universal standards of access to the right to clean water
INTERNATIONAL PRIVATE LAW
Glinshikova T. V., Kondra A. V., Shelest Yu. A.
On the issue of determining the subject scope of application of the Vienna Convention on Contracts for the International Sale of Goods, 1980
Seytyagyaeva D. A., Glinshikova T. V., Ivnitskaya E. S.
The role of bilateral treaties on the promotion and mutual protection of capital investments in the international legal regulation of foreign investments
Wang Jing
Problems and prospects of early dismissal procedure in international commercial arbitration in China
THEORY OF STATE AND LAW
Abdrashitov V. M., Voplenko N. N., Polyakov V. A.
The concept of State sovereignty of the modern Russian Federation (theoretical aspect)
Avramov S. O.
Problems of differentiation of legal restrictions and prohibitions in modern legal science
Oskin E. D., Petrogradskaya A. A.
Legal awareness and legal awareness: problems of correlation and interrelation
Semenov A. A.
The theoretical and legal aspect of the activities of the Federal Service of the National Guard Troops in ensuring territorial integrity Of the Russian Federation
Soltani B. S.
Critiques and challenges to the intersection of law and politics
Strakhov I. A.
E-government as a type of modern state
HISTORY OF STATE AND LAW
Serkerov S. E., Abdulmutalimova Z. M., Kurbanov G. S.
The legal framework for combating corruption in the XVII-XVIII centuries
Furman F. P.
Mikhail Bakunin’s political ideology and views
Perevozchikov A. V.
The problem of legislative consolidation of the status of the Estonian Ober-landgericht on the basis of sources of particular law during its incorporation into the Russian Empire
Dryaev G. B.
Synthesis of interdisciplinary scientific approach with state-legal ideas of D. I. Mendeleev
CONSTITUTIONAL LAW
Alieva Z. I., Temirkhanova M. R.
Digital technologies as a tool for combating corruption: opportunities and prospects
Grishko L. E., Prys I. E.
Constitutional and legal protection of youth from the influence of criminal subculture: criminal law and penal enforcement aspects
Ruzavina E. Yu., Bondarenko V. V.
Corruption and the socio-economic situation of the state: analysis and prospects
Samusevich A. G., Brueva A. E., Likhanov M. S.
Constitutional and legal basis of law enforcement in the mining sphere in Russia
Starshova U. A.
On the question of the doctrine of the Russian welfare state.
Kuznetsova E. V.
Modern realities in law enforcement
ADMINISTRATIVE LAW
Aksenov I. S.
Home work and remote work: comparative legal analysis
Gosachinskaya A. A.
The procedure for the elimination of unauthorized waste disposal sites. Current legislation, existing problems and ways of solution
Kovalishina K. V., Evsikova E. V.
Strengthening control (supervision) in the field of migration as a way to counteract migration offenses
Mayurov N. P., Alexeev P. V.
Legal status of participants in volunteer formations taking part in a special military operation: problems and ways to solve them
Sosnovskiy D. V.
Right to information as a part of medical workers legal status
Burlakova E. M.
Administrative-legal features of the public administration system in the field of sports in the Republic of India
Shmelev I. V.
Management of state-owned enterprises as a mechanism for implementing national planning in Namibia
MUNICIPAL LAW
Arkhireeva A. S., Dakhno E. E.
Municipal procurement: problems and solutions in the context of digitalization of public and municipal administration
Vlasova E. L., Ignatjeva I. V.
Legal regulation of the development of municipal entities as a factor in ensuring a decent life for the population of municipal entities
Zinkov E. N., Unterov V. A.
Legal regulation of the financial and economic basis of local self-government: issues and prospects for improvement
BUSINESS LAW
Bagretsov D. N., Matveev E. V.
Modern brending: legal and communication aspects of the fenomenon
CIVIL LAW
Abdujalilov A.
The problem of the legal entity on the Internet
Bakunin S. N., Ananjeva E. O.
The principle of good faith in the exercise of civil rights as a measure of early prevention of corrupt criminal behavior
Bosykh A. I., Isachenko A. B.
Affiliation in bankruptcy cases: development and trends in judicial and arbitration practice
Grib V. G., Kudra A. S.
Copyright and machine learning: search for a lawful format of processing protected works
Zdorovtseva A. A., Kirikova T. R.
Housing rights and obligations of a person in places of deprivation of liberty
Iontsev M. A.
Legal aspects of using digital currency as a means of payment and investment
Kozhokar A. P.
The genesis and evolution of the legal regulation of notary control
Migacheva A. Yu., Paraskevova S. A.
Conditions for the application of the consequences of deviation from quality requirements in the contract of sale of real estate, developed by judicial practice
Pevtsova I. E., Parfenov L. A.
The formation and development of artificial intelligence: certain aspects of legal regulation
Yastremskiy I. A.
The legal basis for licensing medical activities in the field of plastic surgery
Astakhov P. O.
Problems of digital dispute resolution at the example of some recent case law of courts of England
Baskin D. Yu.
The concept and classification of objects of civil rights: theory and practice of legal regulation
Dilinaer
Dispute resolution of smart contracts
Zagnetin V. N.
Genesis and development of the theory of main and secondary (non-main) proceedings in cross-border insolvency
Kuzmin A. V.
The security nature of smart contracts
Mavlyanova E. N.
Analysis of the regulatory framework in the field of oil transportation by pipeline in the Russian Federation
Mubinov D. D.
Protection of the interests of the spouse in the realization of the debtor’s damage during the procedures applied in the bankruptcy case
Nikienko K. G.
Current issues of improving the legislation in the sphere of migration of the Russian Federation
Raenko E. P., Sultanova A. A.
Forms of influence on the transaction by third parties, and determining the legal consequences for them
Sizov G. G.
Legal aspects of telemedicine in modern Russia: analysis of gaps and development prospects
Tagaev A. A.
Citizens’ rights protection in overdue debt refund
Tian Jiachi, He Zhendong, Jiang Dan
The study of the influence of the formation of a culture of the rule of law in universities on the development of legal literacy of students
Filyakov R. A.
The importance of preventive protection measures in the system of civil law methods of protection
Chernomordov O. M.
The importance of legal regulation of special economic zones for the development of private law relations
Khuzziatov А. A.
Evolution of Article 2.1.14 of the UNIDROIT Principles on a contract with terms deliberately left open
Shaydullin R. M.
The use of intelligent systems to identify copyright infringements in a digital environment
Shchavelev A. V.
Features and problems of using smart contracts
Liluashvili M. G.
The history of the formation of the institution of the marriage contract in the Russian Federation and the USA
Yastremskiy I. A.
Legal features of the choice of statistical codes when registering a medical organization to carry out activities in the field of plastic surgery
CIVIL PROCESS
Vorontsova I. V., Rakhmatullina R. M.
Mediation in the alternative dispute resolution system
Morozova S. Yu.
Powers and responsibilities of the court at the stage of preparing a case for judicial proceedings in administrative court proceedings
Sedykh N. P., Cherkas D. S., Bykov D. A.
Territorial organization of local self-government in the system of public authority
Sigaeva T. A.
Legislation as a source of legal regulation of civil proceedings in the Republic of Belarus
Sycheva D. A., Kazankova T. N.
Prospects for the development of simplified production in the civil procedure of the Russian Federation
Vorontsova I. V., Kolobynina E. A.
Digital technologies as a factor in strengthening the independence of judges
Neyasova V. A.
Subjective composition of cases on the protection of collective interests in civil proceedings: a quantitative criterion
Pestova K. A.
Implementation of the principle of openness of the civil process in the context of the development of the web conference system
Sergeev R. B.
Principles of digital technology application and basic principles of civil procedure law
LABOUR LAW
Egorova V. Yu.
Organization of work on recording and examining the causes and circumstances of micro-injuries as a way of preventing occupational accidents
ECOLOGICAL LAW
Ivleva Yu. I.
Evolution of environmental doctrine. The role and significance of constitutional regulation
Popkov S. S.
Ensuring sustainable water use in the Russian Arctic
LAND LAW
Kutateladze D. D.
Legal problems of the application of environmental restrictions in the framework of land relations
Letyagina E. A.
Digital processes in land management
FINANCIAL LAW
Vinnitskiy D. V., Zimulkin M. I.
«Anti-Abuse Rules and Tax Treaties» (Review of the textbook of G. Kofler, M. Lang, P. Pistone, A. Rust, J. Schuch, K. Spies, C. Staringer, R. Szudoczky «Anti-Abuse Rules and Tax Treaties»)
Stepanyan A. L.
The legal status of digital currency in Russia: problems of definition and directions of improvement of legislation
Fartunov E. A.
Financial monitoring as a type of financial control: legal aspects
Khromchenko M. D.
Electronic money as an object of public-law regulation
TAX LAW
Unterov V. A., Smirnova T. S.
Legal aspects of digital platforms taxation and online commerce
ENTREPRENEURIAL LAW
Kachnov M. E.
Liability of creditors and insolvency practitioner for ineffective bankruptcy strategy
Muchinskiy D. O.
Legal regulation of car sharing: definition, the subject of a legal relationship, obligatory requirements
CRIMINAL LAW
Abdulgapurova S. G., Magomedova A. I.
Criminal law means of countering commercial bribery
Agabalaev M. I.
Problems of juvenile delinquency prevention
Alisultanova S. A., Adilov Z. A.
Restoration of social justice as a priority goal of criminal punishment
Bocharov V. M., Shogenov T. M., Buraeva L. A.
On the current problems of countering the spread of the ideology of extremism and ideas of neo-Nazism in modern conditions
Valiev B. R., Magomedova A. I.
Genocide as an international crime
Gauzhaeva V. A., Shubin S. P.
Certain issues of application of the institution of release from criminal liability in connection with active repentance
Kerimova M. M.
A woman as a subject of crime in modern criminal law
Olifirenko E. P.
The specifics of the activities of the Prosecutor’s office in the field of countering and combating juvenile delinquency (on the example of the Karachay-Cherkess Republic)
Perezhogina G. V., Tasbaeva A. N.
Criminal liability for driving to suicide in the legislation of Russia and Kazakhstan
Radchenko M. E.
Forced labor in the context of the realization of convicts’ rights
Seyfetdinova E. I.
Criminal law counteraction to digital crime in order to ensure the national security of the Russian Federation
Stupina S. A.
Qualification of hooliganism motivated by hatred or enmity against any social group
Agabalaev M. I.
Problems of distinguishing hooliganism in criminal and administrative law
Alisultanova S. A., Adilov Z. A.
The concept and essence of the principle of justice as a branch principle of criminal law
Andreev A. S.
Some problems of qualification based on the objective side of the crime provided for in Article 332 of the Criminal Code of the Russian Federation («Failure to comply with an order»)
Mamedov T. S.
Ways to improve criminal law measures for violation of labor protection requirements in the Republic of Azerbaijan and the Republic of Turkey
Staroselets O. S.
On the issue of the formation of major damage in deliberate bankruptcy
Udintsev G. V.
The need for criminal law protection of corporate governance.
CRIMINAL PROCESS
Abdullozoda P. S.
The notion, legal nature and types of international cooperation in the field of criminal proceeding
Vatutina O. Yu.
The participation of a specialist in proving, as a form of implementation in the Russian criminal process of a special model of forensic examination
Demicheva T. S.
Criminal procedure Form of information technology use: concept and properties
Zagorskiy G. I.
Court ruling on conditional parole of the convicted person from serving the sentence
Kulev A. G.
Decisions of the prosecutor in a criminal case received with the final act of the preliminary investigation, as an independent stage of criminal proceedings
Lifanova L. G., Lyubozhenko I. A.
On the issue of the essence of the termination of criminal prosecution
Makarov A. P.
Use of the results of operative search activities in the trial in criminal cases of corruption (based on materials of the Republic of Crimea and the city of Sevastopol)
Nekrasov A. P.
A legal assessment of the actions of prison officers in criminalizing convicts serving sentences in places of deprivation of liberty and counteraction measures
Popova A. A., Abdrakhmanova A. R., Burkova M. A.
Public opinion as an indicator of the interaction of law enforcement officers with civil society institutions
Khanov T. A.
Investigation of criminal offenses in protocol form: experience of the Republic of Kazakhstan
Al Khazraji H. F. A.
Measures of criminal procedural coercion in Russia and Iraq: guarantees of individual rights
Olinovich R. A., Grozin S. Yu.
Interpreter’s participation in criminal proceedings: theoretical and practical aspects
Rudenko D. A.
On the issue of the directions of the deformation of criminal proceedings in the context of the development of digital technologies
Sivoraksha V. V.
General rules for extending the procedural terms in pre-trial criminal proceedings
Shmatova E. V.
The importance of court decisions in the regulation of criminal enforcement relations
CRIMINAL-EXECUTIVE LAW
Mikheeva S. V., Babova V. O., Poberezhnaya P. V.
Establishment of the legal status of escorted persons when moving them along planned routes by special units of the penal enforcement system for escorting
Nekrasov A. P.
The manifestation of particularly dangerous crimes in the form of a terrorist act and hostage-taking in the penitentiary system of the Russian Federation: causes, counteraction measures, statement of facts
Sechkova L. M.
Analysis of the factors influencing the growth of administrative cases related to inadequate conditions of detention
Simkin E. A.
The legal status of convicts: theoretical and legal aspects and problems of implementation in the context of the penal system
CRIMINALISTICS
Vorozhtsov A. M., Muzafin R. R., Vyshtikalyuk V. F., Gora E. V.
Information technologies in the activities of operational investigative units
Garbouz G. S.
Current problems in the application of the photogrammetry method in investigation of crimes, that are being committed in ecological sphere
Dolgushina L. V., Stupina S. A., Prasolova E. N.
The possibilities of using 3D scanning in the investigation and examination of fires
Poziy V. S., Shelyugova A. A.
Criminalistic characteristics of crimes related to fraud in the field of lending
Serebryannikov S. V., Shikhiev Z. F.
Identification of illegal appeals through mass media and information and telecommunication networks
Syromly L. B.
Criminalistic prevention of cyberbullying in penitentiary institutions
CRIMINOLOGY
Gadzhieva A. A., Malikov A. T.
Problems of criminalization of socially dangerous acts committed using digital technologies at the present stage: critical analysis
Ivanova E. V.
Terrorism as a threat to state and world security
Pisarevskaya E. A.
Juvenile delinquency in Russia in the context of criminological security
LAW ENFORCEMENT AGENCIES
Amirkhanyan V. G., Alexeev A. M., Tezikov D. A.
Modern threats to Russia’s national security: risk analysis and strategy of the Ministry of Internal Affairs
Akhtamyanov R. R., Milyutin R. V., Pavelko P. A.
Fire training of law enforcement officers: problems and ways to solve them
Babin A. V., Filimonov R. N., Egoshin D. I.
Service-applied sports that contribute to the development of professional training of law enforcement officers
Bubnova Yu. G., Kalyashin A. V.
Legal regulation of gender equality in the civil service
Huseynov A. A., Levchenko A. A., Lyukovets V. P.
Training of law enforcement officers in choosing an advantageous route through the area
Davletov V. I., Nabiev V. V., Pleshivtsev A. Yu.
Physical training of law enforcement officers: the key to effective task performance and increased combat readiness
Eremyan A. A.
Law enforcement activities in the context of development of information technologies
Kuzmichev Yu. V., Temnyshov A. A., Karpushkin V. V.
Prospects for the development of unmanned aircraft in the activities of law enforcement agencies of the Russian Federation
Maiseev K. S., Lobanova E. N., Ovechkin D. G.
Optimization of physical training of cadets of the Ministry of Internal Affairs of the Russian Federation: modern challenges and solutions
Muzafin R. R., Vyshtikalyuk V. F., Nikiforov P. V.
Professional training of district police officers to act in special conditions
Nelyubin R. V., Pozdnyakov I. V., Kopylov I. A., Chaychenko D. V.
Adaptation of an employee of the internal affairs bodies to professional activity in extreme conditions
Novokhatskiy B. N., Mamaeva A. A., Shilikhin A. S.
Physical training as a basis for the effectiveness of law enforcement officers
Sobolev A. G., Torgersen A. S., Afanaskin P. V., Budnik N. S.
Psychological training of employees for the use of service weapons
Khakimov N. N., Burlin S. V., Kovgan E. Yu., Klimovskiy A. S.
The peculiarities of the development of communication skills among patrol officers
Amirkhanyan V. G., Alexeev A. M., Antonenko A. A.
The role of physical training in ensuring the safety of police officers
Huseynov A. A., Ulrich S. A., Cherneykin P. P.
Topographic aspects of engineering training of law enforcement officers
Evloev T. Ya.
Current issues of digitalization of the prosecutor’s office
SECURITY AND LAW
Zhukov A. Z., Bitov A. A.
Regulatory and legal framework for ensuring information security of the digital ruble
Murtazin A. I., Zaitsev A. G., Kovalev T. V.
Fight against unmanned aerial vehicles in military conflicts
PEDAGOGY AND LAW
Valiakhmetov R. R., Malofey A. O., Kozhin D. A., Kolbyshev P. R.
Features of the formation of muscle control when mastering the technique of a well-aimed pistol shot
Daminov A. A., Shokhin V. E., Podkovka S. V.
Improving fire training of cadets and students of educational institutions of the Ministry of Internal Affairs of Russia (pedagogical aspect)
Zabolotnykh A. A., Imangazhinov D. T., Zhilin R. A.
Current issues of the introduction of unmanned aircraft systems in educational institutions the Ministry of Internal Affairs of Russia
Zorina N. S., Tsarkova E. G.
The importance of patriotic education for juvenile offenders in correctional colonies
Kim V. O., Bondar A. Ya., Borisova N. I., Privalov V. V.
Kettlebell exercises as a means of improving the strength training of cadets and students of educational institutions of the Ministry of Internal Affairs of Russia
Nikitin A. I., Arkhipov E. V., Pesterev N. N.
Service-applied sports as the basis for the professional development of an employee of the Department of Internal Affairs
Nikolaev N. Yu., Akhiyarov R. A., Koshevets G. V., Olefirenko A. G.
The use of artificial intelligence to analyze and improve the shooting techniques of law enforcement officers
Panova O. S., Kolomiychenko E. V., Fomichev I. A.
An integrated approach to assessing the physical fitness of employees of the Ministry of Internal Affairs: from testing to personalized programs
Pekareva V. V., Tuarmenskiy V. V.
On the problem of information infrastructure education in the penal system
Khudoykina T. V., Koroleva V. V.
Formation of legal culture of students
Shanko V. V., Lapshin I. E.
Features of the application of active teaching methods in the process of professional training of students of educational organizations of the Ministry of Internal Affairs of Russia
Zorina N. S.
Improving the educational level of juvenile convicts as one of the conditions for successful adaptation
Nikolaev N. Yu., Davletov V. I., Kuzmin S. S., Meliksetyan N. G.
Innovative methods of fire training of cadets: from theory to practice
Panova O. S., Malyavina A. B., Bityutskikh I. V.
Physical training as a basis for overcoming stressful situations in the official activities of the Ministry of Internal Affairs
PSYCHOLOGY AND LAW
Taysaeva S. B., Chirkunova O. I., Kravchenko V. A.
The relationship between personal characteristics and the ability to self-government among participants in a special military operation
STATE AND LAW
Korobaev D. V.
TRACECA project: in spite of or for the benefit of Russia
Lazovskaya A. N., Ermolina M. A.
Application of artificial intelligence technologies in sustainable city development
Matveev K. S.
Electronic healthcare in Russia: legal framework and development prospects
Polunin S. V., German E. S., Stabrovskaya E. A., Arbuzov A. I.
On the historical aspects of the formation of the concept “Russian world”
Simonenko A. Yu.
Public law nature of organizations with state participation
Zubenko S. I.
States and civil society: a triad of new challenges
LANGUAGE AND LAW
Karakulko M. I.
The concept of «everyone’s right to return to their country»: linguistic and semantic interpretation
Latypova E. R., Biktin R. R., Khalilova A. M.
The influence of non-verbal communication on the formation of interaction
ECONOMY. LAW. SOCIETY
Gudenkova O. I.
Realization of socio-cultural rights of residents of small towns
Marchenkova L. M.
The legal basis for ensuring economic security of the country
RadchenkoE. P., Vdovina A. N.
The negative impact of corruption in public-private partnership procurement: problems and solutions
Korchagin E. R.
Architecture of the innovation project management mechanism in higher education institutions based on the concept of intra-company entrepreneurship
PHILOSOPHY. LAW. SOCIETY
Andrievskaya Zh. V., Cherkasov V. V.
Formation of a positive image of an employee of the Investigative Committee in the public consciousness
Volkov S. N., Kovaleva S. E.
Life in society vs. existence in the conditions of living nature: socio-philosophical aspect
Zolotarev S. P., Yanush S. V.
Philosophical problems of the introduction of information technologies and cyberspace into modern human life
Kugai A. I.
East and west: self-assertion in the cultures of «gaining and saving face» and «regardless of face»
Liu Congying
Тhe Russian world in the public consciousness of Russia
Sobko R. V., Spirin V. K., Tretyakov I. S.
Whether traditional religions are traditional: to the question on the realization of V. V. Putin’s decree of 22.11.2023
Shayslamova M. M., Izibaeva G. M., Smyslova K. D.
Theological thought as a significant source for philosophical reflection
Khomich N. V., Bodyak M. G.
The functions of convention in the construction of subjective reality (mythological aspect)
Blokhin K. M.
The geopolitics of “Greater Eurasia” in the concepts of neo-eurasianism: opposition to atlanticism and the search for allies
Voronitsyn N. V.
The philosophical origins of neo-Eurasianism: from classical Eurasianism to post-soviet interpretation
Plekhanov N. A.
Postmodernism: the need for reflection in new socio-cultural conditions
Primak A. V., Vakulenko A. O., Gubina A. O., Komarov A. M., Bazhenova Z. S.
The evolution of conflict theory in philosophical thought: from classics to postmodernism
Shevchuk N. V.
Formation of the political identity of modern Russian youth
R. N. Salieva:
Practice is the basis of scientific knowledge, and science contributes to the improvement of practice
Interview with Salieva Roza Nailjevna, Ph.D. in Law, professor, chief researcher of the Institute of Ecology and Subsoil Use Problems of the Academy of Sciences of the Republic of Tatarstan.
INTERNATIONAL LAW
Idelbaeva G. I., Morozova S. A.
Impact of global conflicts on the internal security of the state
Kinyabaeva G. A., Morozova S. A.
Historical roots of Chinese diplomacy
Minigulova I. R.
International migration: legal mechanisms of regulation
Nutsalkhanov G. N.
Towards a nuclear-weapon-free zone in Africa
Ryzhov N. A.
Protecting foreign investment in Africa in the context of regional sanctions
Talimonchik V. P.
The concept of effective international legal regulation of the creation and use of information and communication systems
Andropova A. O.
Problems of international legal protection of means of individualization of legal entities, goods and services
Gasanov T. R.
Evolution of the international legal integration of the Caspian littoral states
Marzanov A. Yu.
Features of the participation of the Roman See and the Vatican City State in diplomatic and consular relations
Rakhimova M. S.
International legal framework and universal standards of access to the right to clean water
INTERNATIONAL PRIVATE LAW
Glinshikova T. V., Kondra A. V., Shelest Yu. A.
On the issue of determining the subject scope of application of the Vienna Convention on Contracts for the International Sale of Goods, 1980
Seytyagyaeva D. A., Glinshikova T. V., Ivnitskaya E. S.
The role of bilateral treaties on the promotion and mutual protection of capital investments in the international legal regulation of foreign investments
Wang Jing
Problems and prospects of early dismissal procedure in international commercial arbitration in China
THEORY OF STATE AND LAW
Abdrashitov V. M., Voplenko N. N., Polyakov V. A.
The concept of State sovereignty of the modern Russian Federation (theoretical aspect)
Avramov S. O.
Problems of differentiation of legal restrictions and prohibitions in modern legal science
Oskin E. D., Petrogradskaya A. A.
Legal awareness and legal awareness: problems of correlation and interrelation
Semenov A. A.
The theoretical and legal aspect of the activities of the Federal Service of the National Guard Troops in ensuring territorial integrity Of the Russian Federation
Soltani B. S.
Critiques and challenges to the intersection of law and politics
Strakhov I. A.
E-government as a type of modern state
HISTORY OF STATE AND LAW
Serkerov S. E., Abdulmutalimova Z. M., Kurbanov G. S.
The legal framework for combating corruption in the XVII-XVIII centuries
Furman F. P.
Mikhail Bakunin’s political ideology and views
Perevozchikov A. V.
The problem of legislative consolidation of the status of the Estonian Ober-landgericht on the basis of sources of particular law during its incorporation into the Russian Empire
Dryaev G. B.
Synthesis of interdisciplinary scientific approach with state-legal ideas of D. I. Mendeleev
CONSTITUTIONAL LAW
Alieva Z. I., Temirkhanova M. R.
Digital technologies as a tool for combating corruption: opportunities and prospects
Grishko L. E., Prys I. E.
Constitutional and legal protection of youth from the influence of criminal subculture: criminal law and penal enforcement aspects
Ruzavina E. Yu., Bondarenko V. V.
Corruption and the socio-economic situation of the state: analysis and prospects
Samusevich A. G., Brueva A. E., Likhanov M. S.
Constitutional and legal basis of law enforcement in the mining sphere in Russia
Starshova U. A.
On the question of the doctrine of the Russian welfare state.
Kuznetsova E. V.
Modern realities in law enforcement
ADMINISTRATIVE LAW
Aksenov I. S.
Home work and remote work: comparative legal analysis
Gosachinskaya A. A.
The procedure for the elimination of unauthorized waste disposal sites. Current legislation, existing problems and ways of solution
Kovalishina K. V., Evsikova E. V.
Strengthening control (supervision) in the field of migration as a way to counteract migration offenses
Mayurov N. P., Alexeev P. V.
Legal status of participants in volunteer formations taking part in a special military operation: problems and ways to solve them
Sosnovskiy D. V.
Right to information as a part of medical workers legal status
Burlakova E. M.
Administrative-legal features of the public administration system in the field of sports in the Republic of India
Shmelev I. V.
Management of state-owned enterprises as a mechanism for implementing national planning in Namibia
MUNICIPAL LAW
Arkhireeva A. S., Dakhno E. E.
Municipal procurement: problems and solutions in the context of digitalization of public and municipal administration
Vlasova E. L., Ignatjeva I. V.
Legal regulation of the development of municipal entities as a factor in ensuring a decent life for the population of municipal entities
Zinkov E. N., Unterov V. A.
Legal regulation of the financial and economic basis of local self-government: issues and prospects for improvement
BUSINESS LAW
Bagretsov D. N., Matveev E. V.
Modern brending: legal and communication aspects of the fenomenon
CIVIL LAW
Abdujalilov A.
The problem of the legal entity on the Internet
Bakunin S. N., Ananjeva E. O.
The principle of good faith in the exercise of civil rights as a measure of early prevention of corrupt criminal behavior
Bosykh A. I., Isachenko A. B.
Affiliation in bankruptcy cases: development and trends in judicial and arbitration practice
Grib V. G., Kudra A. S.
Copyright and machine learning: search for a lawful format of processing protected works
Zdorovtseva A. A., Kirikova T. R.
Housing rights and obligations of a person in places of deprivation of liberty
Iontsev M. A.
Legal aspects of using digital currency as a means of payment and investment
Kozhokar A. P.
The genesis and evolution of the legal regulation of notary control
Migacheva A. Yu., Paraskevova S. A.
Conditions for the application of the consequences of deviation from quality requirements in the contract of sale of real estate, developed by judicial practice
Pevtsova I. E., Parfenov L. A.
The formation and development of artificial intelligence: certain aspects of legal regulation
Yastremskiy I. A.
The legal basis for licensing medical activities in the field of plastic surgery
Astakhov P. O.
Problems of digital dispute resolution at the example of some recent case law of courts of England
Baskin D. Yu.
The concept and classification of objects of civil rights: theory and practice of legal regulation
Dilinaer
Dispute resolution of smart contracts
Zagnetin V. N.
Genesis and development of the theory of main and secondary (non-main) proceedings in cross-border insolvency
Kuzmin A. V.
The security nature of smart contracts
Mavlyanova E. N.
Analysis of the regulatory framework in the field of oil transportation by pipeline in the Russian Federation
Mubinov D. D.
Protection of the interests of the spouse in the realization of the debtor’s damage during the procedures applied in the bankruptcy case
Nikienko K. G.
Current issues of improving the legislation in the sphere of migration of the Russian Federation
Raenko E. P., Sultanova A. A.
Forms of influence on the transaction by third parties, and determining the legal consequences for them
Sizov G. G.
Legal aspects of telemedicine in modern Russia: analysis of gaps and development prospects
Tagaev A. A.
Citizens’ rights protection in overdue debt refund
Tian Jiachi, He Zhendong, Jiang Dan
The study of the influence of the formation of a culture of the rule of law in universities on the development of legal literacy of students
Filyakov R. A.
The importance of preventive protection measures in the system of civil law methods of protection
Chernomordov O. M.
The importance of legal regulation of special economic zones for the development of private law relations
Khuzziatov А. A.
Evolution of Article 2.1.14 of the UNIDROIT Principles on a contract with terms deliberately left open
Shaydullin R. M.
The use of intelligent systems to identify copyright infringements in a digital environment
Shchavelev A. V.
Features and problems of using smart contracts
Liluashvili M. G.
The history of the formation of the institution of the marriage contract in the Russian Federation and the USA
Yastremskiy I. A.
Legal features of the choice of statistical codes when registering a medical organization to carry out activities in the field of plastic surgery
CIVIL PROCESS
Vorontsova I. V., Rakhmatullina R. M.
Mediation in the alternative dispute resolution system
Morozova S. Yu.
Powers and responsibilities of the court at the stage of preparing a case for judicial proceedings in administrative court proceedings
Sedykh N. P., Cherkas D. S., Bykov D. A.
Territorial organization of local self-government in the system of public authority
Sigaeva T. A.
Legislation as a source of legal regulation of civil proceedings in the Republic of Belarus
Sycheva D. A., Kazankova T. N.
Prospects for the development of simplified production in the civil procedure of the Russian Federation
Vorontsova I. V., Kolobynina E. A.
Digital technologies as a factor in strengthening the independence of judges
Neyasova V. A.
Subjective composition of cases on the protection of collective interests in civil proceedings: a quantitative criterion
Pestova K. A.
Implementation of the principle of openness of the civil process in the context of the development of the web conference system
Sergeev R. B.
Principles of digital technology application and basic principles of civil procedure law
LABOUR LAW
Egorova V. Yu.
Organization of work on recording and examining the causes and circumstances of micro-injuries as a way of preventing occupational accidents
ECOLOGICAL LAW
Ivleva Yu. I.
Evolution of environmental doctrine. The role and significance of constitutional regulation
Popkov S. S.
Ensuring sustainable water use in the Russian Arctic
LAND LAW
Kutateladze D. D.
Legal problems of the application of environmental restrictions in the framework of land relations
Letyagina E. A.
Digital processes in land management
FINANCIAL LAW
Vinnitskiy D. V., Zimulkin M. I.
«Anti-Abuse Rules and Tax Treaties» (Review of the textbook of G. Kofler, M. Lang, P. Pistone, A. Rust, J. Schuch, K. Spies, C. Staringer, R. Szudoczky «Anti-Abuse Rules and Tax Treaties»)
Stepanyan A. L.
The legal status of digital currency in Russia: problems of definition and directions of improvement of legislation
Fartunov E. A.
Financial monitoring as a type of financial control: legal aspects
Khromchenko M. D.
Electronic money as an object of public-law regulation
TAX LAW
Unterov V. A., Smirnova T. S.
Legal aspects of digital platforms taxation and online commerce
ENTREPRENEURIAL LAW
Kachnov M. E.
Liability of creditors and insolvency practitioner for ineffective bankruptcy strategy
Muchinskiy D. O.
Legal regulation of car sharing: definition, the subject of a legal relationship, obligatory requirements
CRIMINAL LAW
Abdulgapurova S. G., Magomedova A. I.
Criminal law means of countering commercial bribery
Agabalaev M. I.
Problems of juvenile delinquency prevention
Alisultanova S. A., Adilov Z. A.
Restoration of social justice as a priority goal of criminal punishment
Bocharov V. M., Shogenov T. M., Buraeva L. A.
On the current problems of countering the spread of the ideology of extremism and ideas of neo-Nazism in modern conditions
Valiev B. R., Magomedova A. I.
Genocide as an international crime
Gauzhaeva V. A., Shubin S. P.
Certain issues of application of the institution of release from criminal liability in connection with active repentance
Kerimova M. M.
A woman as a subject of crime in modern criminal law
Olifirenko E. P.
The specifics of the activities of the Prosecutor’s office in the field of countering and combating juvenile delinquency (on the example of the Karachay-Cherkess Republic)
Perezhogina G. V., Tasbaeva A. N.
Criminal liability for driving to suicide in the legislation of Russia and Kazakhstan
Radchenko M. E.
Forced labor in the context of the realization of convicts’ rights
Seyfetdinova E. I.
Criminal law counteraction to digital crime in order to ensure the national security of the Russian Federation
Stupina S. A.
Qualification of hooliganism motivated by hatred or enmity against any social group
Agabalaev M. I.
Problems of distinguishing hooliganism in criminal and administrative law
Alisultanova S. A., Adilov Z. A.
The concept and essence of the principle of justice as a branch principle of criminal law
Andreev A. S.
Some problems of qualification based on the objective side of the crime provided for in Article 332 of the Criminal Code of the Russian Federation («Failure to comply with an order»)
Mamedov T. S.
Ways to improve criminal law measures for violation of labor protection requirements in the Republic of Azerbaijan and the Republic of Turkey
Staroselets O. S.
On the issue of the formation of major damage in deliberate bankruptcy
Udintsev G. V.
The need for criminal law protection of corporate governance.
CRIMINAL PROCESS
Abdullozoda P. S.
The notion, legal nature and types of international cooperation in the field of criminal proceeding
Vatutina O. Yu.
The participation of a specialist in proving, as a form of implementation in the Russian criminal process of a special model of forensic examination
Demicheva T. S.
Criminal procedure Form of information technology use: concept and properties
Zagorskiy G. I.
Court ruling on conditional parole of the convicted person from serving the sentence
Kulev A. G.
Decisions of the prosecutor in a criminal case received with the final act of the preliminary investigation, as an independent stage of criminal proceedings
Lifanova L. G., Lyubozhenko I. A.
On the issue of the essence of the termination of criminal prosecution
Makarov A. P.
Use of the results of operative search activities in the trial in criminal cases of corruption (based on materials of the Republic of Crimea and the city of Sevastopol)
Nekrasov A. P.
A legal assessment of the actions of prison officers in criminalizing convicts serving sentences in places of deprivation of liberty and counteraction measures
Popova A. A., Abdrakhmanova A. R., Burkova M. A.
Public opinion as an indicator of the interaction of law enforcement officers with civil society institutions
Khanov T. A.
Investigation of criminal offenses in protocol form: experience of the Republic of Kazakhstan
Al Khazraji H. F. A.
Measures of criminal procedural coercion in Russia and Iraq: guarantees of individual rights
Olinovich R. A., Grozin S. Yu.
Interpreter’s participation in criminal proceedings: theoretical and practical aspects
Rudenko D. A.
On the issue of the directions of the deformation of criminal proceedings in the context of the development of digital technologies
Sivoraksha V. V.
General rules for extending the procedural terms in pre-trial criminal proceedings
Shmatova E. V.
The importance of court decisions in the regulation of criminal enforcement relations
CRIMINAL-EXECUTIVE LAW
Mikheeva S. V., Babova V. O., Poberezhnaya P. V.
Establishment of the legal status of escorted persons when moving them along planned routes by special units of the penal enforcement system for escorting
Nekrasov A. P.
The manifestation of particularly dangerous crimes in the form of a terrorist act and hostage-taking in the penitentiary system of the Russian Federation: causes, counteraction measures, statement of facts
Sechkova L. M.
Analysis of the factors influencing the growth of administrative cases related to inadequate conditions of detention
Simkin E. A.
The legal status of convicts: theoretical and legal aspects and problems of implementation in the context of the penal system
CRIMINALISTICS
Vorozhtsov A. M., Muzafin R. R., Vyshtikalyuk V. F., Gora E. V.
Information technologies in the activities of operational investigative units
Garbouz G. S.
Current problems in the application of the photogrammetry method in investigation of crimes, that are being committed in ecological sphere
Dolgushina L. V., Stupina S. A., Prasolova E. N.
The possibilities of using 3D scanning in the investigation and examination of fires
Poziy V. S., Shelyugova A. A.
Criminalistic characteristics of crimes related to fraud in the field of lending
Serebryannikov S. V., Shikhiev Z. F.
Identification of illegal appeals through mass media and information and telecommunication networks
Syromly L. B.
Criminalistic prevention of cyberbullying in penitentiary institutions
CRIMINOLOGY
Gadzhieva A. A., Malikov A. T.
Problems of criminalization of socially dangerous acts committed using digital technologies at the present stage: critical analysis
Ivanova E. V.
Terrorism as a threat to state and world security
Pisarevskaya E. A.
Juvenile delinquency in Russia in the context of criminological security
LAW ENFORCEMENT AGENCIES
Amirkhanyan V. G., Alexeev A. M., Tezikov D. A.
Modern threats to Russia’s national security: risk analysis and strategy of the Ministry of Internal Affairs
Akhtamyanov R. R., Milyutin R. V., Pavelko P. A.
Fire training of law enforcement officers: problems and ways to solve them
Babin A. V., Filimonov R. N., Egoshin D. I.
Service-applied sports that contribute to the development of professional training of law enforcement officers
Bubnova Yu. G., Kalyashin A. V.
Legal regulation of gender equality in the civil service
Huseynov A. A., Levchenko A. A., Lyukovets V. P.
Training of law enforcement officers in choosing an advantageous route through the area
Davletov V. I., Nabiev V. V., Pleshivtsev A. Yu.
Physical training of law enforcement officers: the key to effective task performance and increased combat readiness
Eremyan A. A.
Law enforcement activities in the context of development of information technologies
Kuzmichev Yu. V., Temnyshov A. A., Karpushkin V. V.
Prospects for the development of unmanned aircraft in the activities of law enforcement agencies of the Russian Federation
Maiseev K. S., Lobanova E. N., Ovechkin D. G.
Optimization of physical training of cadets of the Ministry of Internal Affairs of the Russian Federation: modern challenges and solutions
Muzafin R. R., Vyshtikalyuk V. F., Nikiforov P. V.
Professional training of district police officers to act in special conditions
Nelyubin R. V., Pozdnyakov I. V., Kopylov I. A., Chaychenko D. V.
Adaptation of an employee of the internal affairs bodies to professional activity in extreme conditions
Novokhatskiy B. N., Mamaeva A. A., Shilikhin A. S.
Physical training as a basis for the effectiveness of law enforcement officers
Sobolev A. G., Torgersen A. S., Afanaskin P. V., Budnik N. S.
Psychological training of employees for the use of service weapons
Khakimov N. N., Burlin S. V., Kovgan E. Yu., Klimovskiy A. S.
The peculiarities of the development of communication skills among patrol officers
Amirkhanyan V. G., Alexeev A. M., Antonenko A. A.
The role of physical training in ensuring the safety of police officers
Huseynov A. A., Ulrich S. A., Cherneykin P. P.
Topographic aspects of engineering training of law enforcement officers
Evloev T. Ya.
Current issues of digitalization of the prosecutor’s office
SECURITY AND LAW
Zhukov A. Z., Bitov A. A.
Regulatory and legal framework for ensuring information security of the digital ruble
Murtazin A. I., Zaitsev A. G., Kovalev T. V.
Fight against unmanned aerial vehicles in military conflicts
PEDAGOGY AND LAW
Valiakhmetov R. R., Malofey A. O., Kozhin D. A., Kolbyshev P. R.
Features of the formation of muscle control when mastering the technique of a well-aimed pistol shot
Daminov A. A., Shokhin V. E., Podkovka S. V.
Improving fire training of cadets and students of educational institutions of the Ministry of Internal Affairs of Russia (pedagogical aspect)
Zabolotnykh A. A., Imangazhinov D. T., Zhilin R. A.
Current issues of the introduction of unmanned aircraft systems in educational institutions the Ministry of Internal Affairs of Russia
Zorina N. S., Tsarkova E. G.
The importance of patriotic education for juvenile offenders in correctional colonies
Kim V. O., Bondar A. Ya., Borisova N. I., Privalov V. V.
Kettlebell exercises as a means of improving the strength training of cadets and students of educational institutions of the Ministry of Internal Affairs of Russia
Nikitin A. I., Arkhipov E. V., Pesterev N. N.
Service-applied sports as the basis for the professional development of an employee of the Department of Internal Affairs
Nikolaev N. Yu., Akhiyarov R. A., Koshevets G. V., Olefirenko A. G.
The use of artificial intelligence to analyze and improve the shooting techniques of law enforcement officers
Panova O. S., Kolomiychenko E. V., Fomichev I. A.
An integrated approach to assessing the physical fitness of employees of the Ministry of Internal Affairs: from testing to personalized programs
Pekareva V. V., Tuarmenskiy V. V.
On the problem of information infrastructure education in the penal system
Khudoykina T. V., Koroleva V. V.
Formation of legal culture of students
Shanko V. V., Lapshin I. E.
Features of the application of active teaching methods in the process of professional training of students of educational organizations of the Ministry of Internal Affairs of Russia
Zorina N. S.
Improving the educational level of juvenile convicts as one of the conditions for successful adaptation
Nikolaev N. Yu., Davletov V. I., Kuzmin S. S., Meliksetyan N. G.
Innovative methods of fire training of cadets: from theory to practice
Panova O. S., Malyavina A. B., Bityutskikh I. V.
Physical training as a basis for overcoming stressful situations in the official activities of the Ministry of Internal Affairs
PSYCHOLOGY AND LAW
Taysaeva S. B., Chirkunova O. I., Kravchenko V. A.
The relationship between personal characteristics and the ability to self-government among participants in a special military operation
STATE AND LAW
Korobaev D. V.
TRACECA project: in spite of or for the benefit of Russia
Lazovskaya A. N., Ermolina M. A.
Application of artificial intelligence technologies in sustainable city development
Matveev K. S.
Electronic healthcare in Russia: legal framework and development prospects
Polunin S. V., German E. S., Stabrovskaya E. A., Arbuzov A. I.
On the historical aspects of the formation of the concept “Russian world”
Simonenko A. Yu.
Public law nature of organizations with state participation
Zubenko S. I.
States and civil society: a triad of new challenges
LANGUAGE AND LAW
Karakulko M. I.
The concept of «everyone’s right to return to their country»: linguistic and semantic interpretation
Latypova E. R., Biktin R. R., Khalilova A. M.
The influence of non-verbal communication on the formation of interaction
ECONOMY. LAW. SOCIETY
Gudenkova O. I.
Realization of socio-cultural rights of residents of small towns
Marchenkova L. M.
The legal basis for ensuring economic security of the country
RadchenkoE. P., Vdovina A. N.
The negative impact of corruption in public-private partnership procurement: problems and solutions
Korchagin E. R.
Architecture of the innovation project management mechanism in higher education institutions based on the concept of intra-company entrepreneurship
PHILOSOPHY. LAW. SOCIETY
Andrievskaya Zh. V., Cherkasov V. V.
Formation of a positive image of an employee of the Investigative Committee in the public consciousness
Volkov S. N., Kovaleva S. E.
Life in society vs. existence in the conditions of living nature: socio-philosophical aspect
Zolotarev S. P., Yanush S. V.
Philosophical problems of the introduction of information technologies and cyberspace into modern human life
Kugai A. I.
East and west: self-assertion in the cultures of «gaining and saving face» and «regardless of face»
Liu Congying
Тhe Russian world in the public consciousness of Russia
Sobko R. V., Spirin V. K., Tretyakov I. S.
Whether traditional religions are traditional: to the question on the realization of V. V. Putin’s decree of 22.11.2023
Shayslamova M. M., Izibaeva G. M., Smyslova K. D.
Theological thought as a significant source for philosophical reflection
Khomich N. V., Bodyak M. G.
The functions of convention in the construction of subjective reality (mythological aspect)
Blokhin K. M.
The geopolitics of “Greater Eurasia” in the concepts of neo-eurasianism: opposition to atlanticism and the search for allies
Voronitsyn N. V.
The philosophical origins of neo-Eurasianism: from classical Eurasianism to post-soviet interpretation
Plekhanov N. A.
Postmodernism: the need for reflection in new socio-cultural conditions
Primak A. V., Vakulenko A. O., Gubina A. O., Komarov A. M., Bazhenova Z. S.
The evolution of conflict theory in philosophical thought: from classics to postmodernism
Shevchuk N. V.
Formation of the political identity of modern Russian youth
PERSONA GRATA
R. N. Salieva:
Practice is the basis of scientific knowledge, and science contributes to the improvement of practice
Interview with Salieva Roza Nailjevna, Ph.D. in Law, professor, chief researcher of the Institute of Ecology and Subsoil Use Problems of the Academy of Sciences of the Republic of Tatarstan.
INTERNATIONAL LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
MOROZOVA Svetlana Alexandrovna
student, Institute of Law, Ufa University of Science and Technology
IMPACT OF GLOBAL CONFLICTS ON THE INTERNAL SECURITY OF THE STATE
The article examines the impact of global conflicts on the internal security of the state. It analyzes the main threats arising from international crises and armed conflicts, including the rise of terrorism, extremism, migration crises and economic instability. It examines the mechanisms through which external factors penetrate the internal security systems of the state, as well as the role of globalization and modern technologies in the spread of these threats. The author offers recommendations for strengthening national security in the context of growing instability in the international arena, with an emphasis on the integration of internal and external security strategies.
Keywords: international relations, internal security of the state, economic instability, indirect channels, cybersecurity, cyber threats, comprehensive approach.
Article bibliography
1. Mamaeva L. N., Lazareva V. A., Rybakova K. S., Kiryukhina M. V. Security of the financial system in the context of the emergence of cryptocurrency // Economic security and quality. – 2018. – No. 1 (30). – P. 53-56.
2. Sukharenko A. N. Counteracting transnational organized crime in Russia: state and problems // International public and private law. – 2007. – No. 2. – P. 17-21.
3. Startsev G. V. Problems of economic security in the context of modern terrorist activity // Threats and security. – 2011. – No. 15 (108). – P. 57-61.
4. Shuldyakova V. V. Manifestation of monopsony in the labor market // Issues of structuring the economy. – 2010. – No. 2. – P. 524-529.
5. Antsupov A. Ya. Conflicts as a threat to Russia’s security // World civilizations. – 2019. – No. 3-4. – P. 10-11.
6. Antsupov A. Ya., Kandybovich S. L., Timchenko G. N. Problems of domestic psychology. Index of 1410 doctoral dissertations (1935-2019). – Moscow: Prospect, 2020. – 368 p.
INTERNATIONAL LAW
KINYABAEVA Gulnazira Airatovna
Ph.D. in historical sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology.
MOROZOVA Svetlana Alexandrovna
Specialist of the Export Support Center under the Ministry of Foreign Economic Relations and Congress Activities of the Republic of Bashkortostan
HISTORICAL ROOTS OF CHINESE DIPLOMACY
This article examines the historical roots of Chinese diplomacy, dating back to ancient times and passing through key stages of development from the Shang Dynasty to the present. It focuses on how the concepts of “tianxia” and “humanity” have influenced China’s approach to foreign relations, as well as the use of dynastic ties and economic alliances to ensure stability. It examines changes in diplomatic practices in different historical eras, including the influence of Western imperialism in the 19th century and the shift to a more pragmatic policy after Deng Xiaoping’s reforms. The article emphasizes the importance of understanding historical traditions to analyze China’s contemporary diplomatic strategies, such as the Belt and Road Initiative, and their role in shaping global politics.
Keywords: political stability, Chinese diplomacy, systematized approaches, non-aggression principles, reforms, dynastic ties, sustainable development.
Article bibliography
1. Leontyeva E. O., Belokopytova M. S. Confucius Institute as an Instrument of China’s Foreign Policy // Regionological Studies. – 2020. – No. 5, Vol. 3. – P. 70-89.
2. Bogdanova N. A. On the Role of Stratagems in China’s Diplomacy // Bulletin of the Peoples’ Friendship University of Russia. Series: International Relations. – 2022. – No. 1. – P. 117-124.
3. Kissinger G. On China / [translated from English by V. N. Verchenko]. – Moscow: AST, 2021. – 635 p.
3. Katkova N. M. Stratagem of Thinking and Behavior as a Characteristicdistinctive feature of Chinese civilization // Bulletin of St. Petersburg University. Series 13. Oriental and African Studies. – 2021. – Issue 2. – P. 76-84.
4. Victorien A. Features of China’s investment cooperation with African countries // Bulletin of Peoples’ Friendship University of Russia. Series: Economics. – 2023. – Nº 3. – P. 56-63.
5. Kinyabaeva G. A. On the problem of the islands of the South Pacific Ocean in the context of China’s foreign policy at the present stage // Eurasian Law Journal. – 2022. – No. 11 (174). – P. 18-19. – DOI 10.46320/2073-4506-2022-11-174-18-19. – EDN ZECNYO.
INTERNATIONAL LAW
MINIGULOVA Ilmira Rafisovna
Ph.D. in philosophical sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
INTERNATIONAL MIGRATION: LEGAL MECHANISMS OF REGULATION
Modern international migration, which is a continuous process, is characterized by high growth rates. The essence of international migration is the territorial movement of people crossing state borders. One of the effective ways to regulate migration movements is its international legal regulation. Legal mechanisms of regulation are implemented at two levels: global and regional.
Today, the complex picture of international migration, which is constantly changing under the influence of global events and trends, justifies the need to improve the mechanisms of its legal regulation.
Keywords: international law, international relations, international migration, state, national law, international organization.
Article bibliography
1 Minigulova I. R. International legal regulation of migration within the framework of the activities of the United Nations and the International Organization for Migration // International Law and International Organizations // International Law and International Organizations. – 2019. – No. 4. – P. 9-15.
2. Zinchenko N. N. Migration law in international legal doctrine and practice: formation and development prospects: Doctor of Law: 12.00.10. – M., 2012. – 48 p.
3. African migration in the context of modern international relations: a collection of articles / Ed. T. L. Deich, E. N. Korendyasov / Institute for African Studies of the Russian Academy of Sciences. – M.: IAF RAS, 2015. – 176 p.
4. Davydenko E. V. Labor migration in the Eurasian Economic Union: problems, challenges and solutions // Economic relations. – 2025. – Vol. 15, No. 1.
5. Nigmatullin R. V., Minigulova I. R. The fight against crime in the course of modern international law. – Ufa: RIC BashSU, 2018. – 85 p.
INTERNATIONAL LAW
NUTSALHANOV Gamzat Nutsalhanovich
Ph.D. in Law, associate professor, Head of State and legal disciplines sub-faculty, North Caucasus Institute, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
TOWARDS A NUCLEAR-WEAPON-FREE ZONE IN AFRICA
The subject of this article is the content of the Treaty on a Nuclear-Weapon-Free Zone in Southeast Asia, its shortcomings. The research methodology is based on a formal legal analysis of the provisions of the Bangkok Treaty. The author concludes that in many respects the Bangkok Treaty is similar to other treaties on nuclear-weapon-free zones, but it has some unique features.
Keywords: treaty, nuclear weapons, disarmament, non-proliferation, nuclear-weapon-free zone, Africa, signature, ratification.
Bibliographic list of articles
1. Van Wyk O., Turianskyi Y. The Nuclear Weapons Ban Treaty: An African Perspective // South African Institute of International Affairs. May. 1, 2021.
2. L. Spector, A. Ohlde. Negative Security Assurances: Revisiting the Nuclear-Weapon-Free Zone Option // Arms Control Today, Vol. 35, No. 3 (APRIL 2005), pp. 13-19.
3. Ogunbanwo S. The Treaty of Pelindaba: Africa Is Nuclear-Weapon-Free // Security Dialogue, Vol. 27, No. 2 (JUNE 1996), pp. 185-200.
4. Harvey S. African NWFZ Treaty Enters Into Force // Arms Control Today, Vol. 39, No. 7 (SEPTEMBER 2009), pp. 26-27.
5. Alfred B. Nzo. Nuclear Energy and Non-Proliferation: The View From South Africa // The Brown Journal of World Affairs, Vol. 4, No. 1 (Winter/Spring 1997), pp. 139-147.
6. Fischer D. The Pelindaba Treaty: Africa Joins the Nuclear-Free World // Arms Control Today, Vol. 25, No. 10 (December 1995/January 1996), pp. 9-14.
7. Stumpf W. South Africa’s Nuclear Weapons Program: From Deterrence to Dismantlement // Arms Control Today, Vol. 25, No. 10 (December 1995/January 1996), pp. 3-8.
8. Evan S. Medeiros. African Nuclear-Weapon-Free-Zone Treaty Signed By 43 Countries // Arms Control Today, Vol. 26, No. 3 (April 1996), p. 22-25.
INTERNATIONAL LAW
RYZHOV Nikolay Alexandrovich
Second Secretary of the Embassy of the Russian Federation in the Republic of Senegal, Ministry of Foreign Affairs of the Russian Federation
PROTECTING FOREIGN INVESTMENT IN AFRICA IN THE CONTEXT OF REGIONAL SANCTIONS
For several decades a real “investment race” has been unfolding in Africa to capture the most lucrative markets on the continent.
Interest in investing in the continent has traditionally been reserved for such major players in the international market as the US, the EU and China. Recently, Turkey has been very active in terms of infrastructure investments. Russian experts also note the significant interest of domestic businesses in investing in Africa.
Despite the high level of investment attractiveness and, as mentioned above, dynamic development, the continent is characterized by extremely unpredictable and fragile political regimes, which creates many difficulties for foreign investors.
Taking into account the fact that at present the topics of sanctions and events taking place in Africa in connection with foreign investments and ways of their protection are extremely topical, the article will analyze the legal mechanisms of regional sanctions and protection of foreign investments by the example of the situation in West Africa.
Keywords: Africa, regional communities, investment, sanctions, investment protection.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty, senior researcher, North-Western branch, Russian State University of Justice, St. Petersburg
THE CONCEPT OF EFFECTIVE INTERNATIONAL LEGAL REGULATION OF THE CREATION AND USE OF INFORMATION AND COMMUNICATION SYSTEMS
The purpose of the research undertaken in the article is to develop proposals for a unified concept of effective international legal regulation of the creation and use of information and communication systems, taking into account existing mechanisms. The research used methods of analysis and synthesis, formal logical and problem-theoretical methods. As a result of the study, it was revealed that effective international legal regulation of the creation and use of information and communication systems should cover such issues as codification of the principles of international legal regulation of information relations and information and communication systems, unification of restrictions on the creation and use of information and communication systems, harmonization provisions on the responsibility of operators of information and communication systems, unified procedural dispute resolution form, related to information and communication systems.
Keywords: judge, court, justice, international legal regulation, effectiveness of international law, international law creation, information and communication systems, legal principles, Global Digital Compact, codification, unification.
Bibliographic list of articles
1. Babkin S. A. Law applicable to relations arising when using the Internet: main problems. – M.: JSC “Center YurInfoR”, 2003. – 67 p.
2. Zakharov T. V. International law-making: how practice determines the formation of norms of customary international law // Social and humanitarian sciences. Domestic and foreign literature. Series 4: State and law. – 2020. – No. 2. – P. 159-165.
3. Lyutov N. L. Effectiveness of international labor law norms. Abstract of PhD thesis. – Moscow: 2013. – 55 p.
4. Lyutov N. L. Effectiveness of international labor law norms. – M.: Prospect, 2014. – 328 p.
5. Malinovsky A., Trikoz E. International treaty rule-making as a political process // International processes. – 2020. – V. 18, No. 2 (61). – P. 6-30.
6. Marochkin S. Yu. Effectiveness of the norms of international law: concept, criterion and conditions. Abstract of PhD thesis – Sverdlovsk: 1984. – 18 p.
7. Marochkin S. Yu. Effectiveness of the norms of international law and the mechanism of international legal regulation (formulation of the issue) // Issues of state, law and social management. Interuniversity collection of scientific papers / Ed. G. V. Ignatenko. – Sverdlovsk: Ural State Law Academy, 1983. – P. 27-32.
8. Mingazov L. Kh. Effectiveness of the norms of international law (theoretical problems). PhD thesis. – Kazan: 2000. – 465 p.
9. Pugina O. A. International lawmaking as a special type of creating a system of norms // International public and private law. – 2008. – No. 1. – P. 4-5.
10. Sayadyan M. M., Poselenkova O. V. Effectiveness of the implementation of norms of international humanitarian law // Politika i pravo. uchenki. Blagoveshchensk: Amur State University. – 2021. – P. 158-164.
11. Taziev N. D. International rule-making: modern methods of creating legal norms. Diss. … candidate of legal sciences. – Kazan: 2002. – 186 p.
12. Technological progress and modern international relations / Ed. A. V. Krutskikh. – M., 2004. – P. 71-81.
13. Shakhanov V. V., Snegirev A. A. International rule-making: doctrinal foundations, principles, concept, metatheory // Uchenye zapiski. – 2021. – No. 2 (38). – pp. 144-148.
14. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
15. Bambara J., Allen P. Blockchain: A Practical Guide to Developing Business, Law, and Technology Solutions. – McGraw-Hill Education, 2018. – 302 p.
16. Big Data in Context Legal, Social and Technological Insights / Ed. by Thomas Hoeren, Barbara Kolany. – London: Springer, 2018. – 120 p.
17. Burri M. Big Data and Global Trade Law. – Cambridge: Cambridge University Press, 2021. – 376 p.
18. Cappiello B., Carullo G. (eds.). Blockchain, Law and Governance. – London: Springer, 2021. – 303 p.
19. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
20. Compagnucci M. C. Big Data, Databases and “Ownership” Rights in the Cloud. – London: Springer, 2020. – 308 p.
21. Herian R. Regulating Blockchain: Law, Technology and the Ethics of Political Economy. – New York: Routledge, 2018. – 167 p.
22. Giannopoulou A. Digital Golems – Copyright and Lex Electronica // Journal of Law, Technology and Society. – 2016. – V. 13, Iss. 1. – Pr. 108-111.
23. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
24. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
25. Stabile D., Prior K. Digital Assets and Blockchain Technology: U.S. Law and Regulation. – Cheltenham: Edward Elgar Publishing Limited, 2020. – 368 p.
26. Gautrais V., Lefebcre G., Benyekhlef K. Droit du Commerce Electronique et Normes Applicables: L’Emergence De La Lex Electronica // International Business Law Journal. – 1997. – Iss. 5. – Pr. 547-584.
INTERNATIONAL LAW
ANDROPOVA Anastasiya Olegovna
magister student, Institute of Law, Samara State University of Economics
PROBLEMS OF INTERNATIONAL LEGAL PROTECTION OF MEANS OF INDIVIDUALIZATION OF LEGAL ENTITIES, GOODS AND SERVICES
This article considers the problems of international legal protection of means of individualization of legal entities, goods and services, which is an important part of legal regulation in the era of globalization. The main regulatory sources such as the Paris Convention for the Protection of Industrial Property (1883) and the TRIPS agreement are analyzed. Gaps in the enforcement of national legislation are identified. Recommendations are offered to improve the mechanisms of protection of means of individualization in order to increase legal certainty and protection of owners’ rights in the conditions of global trade.
Keywords: private international law, trademarks, intellectual property, legal protection, industrial designs, registration, international standards, unfair competition.
Article bibliography
1. Lutkova O. V., Shakhnazarov B. A., Terentyeva L. V. Intellectual property in international private law: textbook. – M .: Prospect, 2023. – P. 144.
2. Paris Convention for the Protection of Industrial Property of March 20, 1883 – [Electronic resource]. – Access mode: https://rospatent.gov.ru/ru/documents/parizhskaya-konvenciya-po-ohrane-promyshlennoy-sobstvennosti (date of access: 23.01.2025).
3. On supranational protection of trade names. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nadnatsionalnoy-ohrane-firmennyh-naimenovaniy/viewer (date of access: 23.01.2025).
4. Some problems of law enforcement practice in the field of protection of rights to trademarks. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekotorye-problemy-pravoprimenitelnoy-praktiki-v-sfere-zaschity-prav-na-tovarnye-znaki (date of access: 24.01.2025).
INTERNATIONAL LAW
GASANOV Togrul Rakhmanovich
postgraduate student of Constitutional and international law sub-faculty, V. N. Tatishchev Astrakhan State University
EVOLUTION OF THE INTERNATIONAL LEGAL INTEGRATION OF THE CASPIAN LITTORAL STATES
The scientific article describes the development of relations between the Russian state and Persia, which originated in the 9th century with the beginning of active trade, and in the 18th century. Legal relations between Russia and Persia regarding the Caspian Sea are beginning to be regulated. A number of interstate agreements were concluded during the Soviet period (1922 and 1940), and they remain in force at the moment. However, it is emphasized that since the collapse of the USSR and to the present day, the territories of the Caspian littoral states (the Republic of Azerbaijan, Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan) have not ratified a new adopted interstate normative act regulating public relations between these states – the Convention on the Legal Status of the Caspian Sea in 2018, which makes it advisable to find a compromise for international legal integration.
Keywords: international law, Caspian littoral states, international legal integration, legal status of the Caspian Sea.
Article bibliography
1. Asaeva G. D. Interests of Russia in the Caspian Region in the 17th-19th Centuries // Symbol of Science: International Scientific Journal. – 2022. – No. 12-2. – P. 48-50.
2. Kuznetsov A. P. International legal support for Russia’s national security in the Caspian region: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2007. – 25 p.
3. Rozhkov I. S. Mechanisms of multilateral interaction of the Caspian states at the present stage: dis. … candidate of political sciences. – Moscow, 2022. – 250 p.
4. Khurchak N. M. International legal status of the Caspian Sea and international economic cooperation of the Caspian states: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2006. – 28 p.
INTERNATIONAL LAW
MARZANOV Akhmed Yusufovich
postgraduate student of International law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
FEATURES OF THE PARTICIPATION OF THE ROMAN SEE AND THE VATICAN CITY STATE IN DIPLOMATIC AND CONSULAR RELATIONS
The article explores the specifics of the papacy’s foreign policy relations. It is concluded that due to the fundamental institutional differences between the Roman See (the supreme institution of the Catholic Church) and the Vatican City State, each of them represents two separate subjects of jus legationis. For ‘organisational saving’ reasons, the Vatican City does not maintain diplomatic relations with any state, unlike the Roman See, which, where necessary, may also act on behalf of and on behalf of the Vatican City, including for the exercise of consular functions.
Keywords: the Holy See, the Vatican City State, the Papal States, Roman Curia, international legal personality, diplomatic agents, consular officers.
Article bibliography
1. Karlov Yu. E. Mission to the Vatican. – M.: International Relations, 2004. – 232 p.
2. Marzanov A. Yu. The state structure of the Vatican City and the internal structure of the Holy See in light of the issue of the international legal personality of the papacy // Constitutional and municipal law. – 2024. – No. 8. – P. 59-66.
3. Cardinale H. E. The Holy See and the International Order. – Gerrards Cross: Colin Smythe Ltd., 1976. – 557 p. – [Electronic resource]. – Access mode: https://archive.org/details/holyseeinternati0000card/mode/2up (access date: 01/25/2025).
4. Cumbo H. F. The Holy See and International Law // The International Law Quarterly. – 1948. – Vol. 2, No. 4. – P. 603-620.
5. Editorial Note // Foreign Relations of the United States, 1951. – Washington: United States Government Printing Office, 1985. – Vol. IV, Part. 1. – P. 1003.
6. Editorial Note // Foreign Relations of the United States, 1952-1954. – Washington: United States Government Printing Office, 1986. – Vol. VI, Part. 2. – P. 2002.
7. Graham R. A. Vatican Diplomacy. A Study of Church and State on the International Plane. – Princeton: Princeton University Press, 1959. – XII, 442 p. – [Electronic resource]. – Access mode: https://archive.org/details/vaticandiplomacy0000grah/mode/2up (access date: 01/27/2025).
8. Kunz J. The Status of the Holy See in International Law // The American Journal of International Law. – 1952. – Vol. 46, No. 2. – P. 308-314.
9. Worster W. T. The Human Rights Obligations of the Holy See under the Convention on the Rights of the Child // The Duke Journal of Comparative & International Law. – 2021. – Vol. 31, No. 2. – P. 351-423.
10. Germelmann F. Heiliger Stuhl und Vatikanstaat in der internationalen Gemeinschaft. Völkerrechtliche Praxis und interne Beziehungen // Archiv des Völkerrechts. – 2009. – Bd. 47, No. 2. – P. 147-186.
11. Köck H. F. Die völkerrechtliche Stellung des Heiligen Stuhls dargestellt an seinen Beziehungenzu Staaten und internationalen Organizationen. – Berlin: Duncker & Humblot, 1975. – XXIV, 925 p.
INTERNATIONAL LAW
RAKHIMOVA Malakkhanim Seyfulla gyzy
lecturer of UNESCO on Human Rights and information law sub-faculty, Faculty of Law, Baku State University
INTERNATIONAL LEGAL FRAMEWORK AND UNIVERSAL STANDARDS OF ACCESS TO THE RIGHT TO CLEAN WATER
The main element of the right to a decent life is the separate effective provision of the elements of law included in this complex system. The right to water occupies one of the main places among these elements of the right to a decent life. The realization of this right at a decent and adequate level should be interpreted not only in the narrow sense of water as an economic raw material, taking into account quantitative and technical parameters, but also in the sense that it is a social and cultural asset. The realization of the rights to adequate water and basic human needs should be aimed at ensuring a decent life for all without discrimination. The right to sufficient and adequate water means the use and consumption of sufficient amounts of safe, clean, affordable and inexpensive water for drinking, personal, household and other purposes. One of the specific characteristics of this right is that it contains both rights and freedoms. In the article, the author identified the exact composition of the rights and freedoms that make up decent and adequate water relations, analyzed international standards of the right to decent water, and studied in detail the international legal means of protecting the relevant right. However, the author separately reviewed international, regional and national acts recognizing the right to decent water, and at the same time put forward certain proposals and recommendations for the adequate implementation of the relevant right.
Keywords: decent standard of living, the right to a decent life, adequate standards, social rights, the right to clean water, international legal framework, universal standards, normative act, action plan, well-being, accessibility, equality.
References
1. 1. Abramov V. V. The aspects of legal regulation of water use agreement. 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-pravovogo-regulirovaniya-dogovora-vodopolzovaniya (last access: 06/24/24).
2. 2. Carolina De Mendonça Gueiros and David N. Cassuto. The Right to Water in the Case Law of the European Court of Human Rights. 2014. pp. 20-23.
3. 3. Convention for the Protection of Human Rights and Fundamental Freedoms. Rome, November 4, 1950. [Electronic resource]. – Access mode: https://www.echr.coe.int/documents/d/echr/Convention_ENG (last access: 05/12/24).
4. 4. Convention on the Elimination of All Forms of Discrimination against Women. BY United Nations General Assembly. New York, 18 December 1979. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women (last access: 03/02/24).
5. 5. Convention on the Rights of Persons with Disabilities. BY Sixty-first session of the General Assembly by resolution A/RES/61/106. 12 December 2006. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities (last access: 04.08.24).
6. 6. Convention on the Rights of the Child. 20 November 1989. By General Assembly resolution 44/25. 20 November 1989. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child (last access: 06/17/24).
7. 7. Dugard. J. Water Rights in a Time of Fragility: An Exploration of Contestation and Discourse around Cape Town’s “Day Zero” Water Crisis. Water 2021.13.3247. https://doi.org/10.3390/w13223247. [Electronic resource]. – Access mode: https://www.mdpi.com/2073-4441/13/22/3247 (last access: 06/05/24).
8. 8. European Union Network of Independent Experts on Fundamental Rights, Commentary of the Charter of Fundamental Rights of the European Union 79. 2006.
9. 9. Karlova G. A. Introductory speech by the Chairman of the Subcommittee on Water Resources of the Committee of the State Duma of the Russian Federation on Natural Resources, Nature Management and Ecology. // International aspects of water legislation. – Moscow, 2015. – 112 pages.
10. 10. General comment no. 15 (2002), The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights.
11. 11. General comment No. 36 – Article 6: right to life. [Electronic resource]. – Access mode: https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-36-article-6-right-life (last access: 08/28/24).
12. 12. Human Rights Council. Resolution 7/22. Human rights and access to safe drinking water and sanitation. Final Resolution. 2008 March. [Electronic resource]. – Access mode: https://www.right-docs.org/doc/a-hrc-res-7-22/ (last access: 03.12.24).
13. 13. International Covenant on Economic, Social and Cultural Rights. By General Assembly resolution 2200A (XXI). 16 December 1966. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights (last access: 02.08.24).
14. 14. International Decade for Action “WATER FOR LIFE” 2005-2015. Report 9. [Electronic resource]. – Access mode: 14. www.un.org/waterforlifedecade.
15. 15. Lotta Viikari. The Environmental Element in Space Law: Assessing the Present and Charting the Future. Martinus Nijhoff Publishers, 2008. 396 pages.
16. 16. Peace, dignity and equality on a healthy planet. [Electronic resource]. – Access mode: https://www.un.org/ru/global-issues/water.
17. 17. Report of the United Nations Water Conference, Mar del Plata, 14-25 March 1977. [Electronic resource]. – Access mode:https://digitallibrary.un.org/record/724642?v=pdf
18. 18. Right to water. [Electronic resource]. – Access mode: https://www.un.org/ru/waterforlifedecade/human_right_to_water.shtml (last access: 07.12.24).
19. 19. Sivakov D. O. Corruption manifestations in the field of water relations and measures to reduce them. Scientific basis for combat corruption. 2018. Corruption prevention measures. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/korruptsionnye-proyavleniya-v-oblasti-vodnyh-otnosheniy-i-mery-po-ih-snizheniyu (last access: 04.06.24).
20. 20. The Geneva Conventions and their Commentaries. [Electronic resource]. – Access mode: https://www.icrc.org/en/law-and-policy/geneva-conventions-and-their-commentaries (last access: 08/28/24)
21. 21. The human rights to safe drinking water and sanitation Note by the Secretary-General. Seventy-ninth session. 19 July 2024. [Electronic resource]. – Access mode: https://digitallibrary.un.org/record/4059193?v=pdf.
22. 22. The right to an adequate standard of living. [Electronic resource]. – Access mode: https://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-fora/substantive-human-rights/the-right-to-an-adequate-standard-of-living (last access: 06.24.24)
23. 23. The Right to Water. Fact Sheet No. 35. [Electronic resource]. – Access mode: https://www.ohchr.org/sites/default/files/2021-09/FactSheet35en.pdf.
24. 24. Water Code of The Russian Federation. 12 April 2006. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_60683/ (last access: 04.07.24)
INTERNATIONAL PRIVATE LAW
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
KONDRA Alisa Vasiljevna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
SHELEST Yuliya Alexeevna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF DETERMINING THE SUBJECT SCOPE OF APPLICATION OF THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, 1980
The article analyzes the scope of application of the Vienna Convention on Contracts for the International Sale of Goods, 1980. First of all, the subject area of the Vienna Convention, 1980, was examined. Emphasis is placed on the possibility of the parties to the contract to refuse to apply the Convention, based on the optional nature of its provisions. Issues related to the sale and purchase of specific property, in particular, shares, property rights, results of intellectual activity and equivalent means of individualization, software are considered. When interpreting the provisions of the Vienna Convention, 1980, the courts should not rely on the norms of Russian legislation, given the transboundary nature of the Convention. The authors draw attention to the absence of a separate definition of an international sale and purchase agreement in the Convention and the need to formulate it. At the same time, the developers, following the principle of neutrality of the provisions of the Convention, should not rely on the norms of national law when creating it.
Keywords: international treaty, convention, international sale and purchase contract, autonomy of will.
Article bibliographic list
1. Glinshchikova T.V., Stepkina K.V. Some aspects of the scope of the UN Convention “On Contracts for the International Sale of Goods” of 1980 // HumanIT, socio-economic and social sciences. – 2020. – No. 7. – P. 124-126.
2. Rosenberg M. G. International sale and purchase of goods. – M., 1996. – P. 143.
3. Funk Ya. I. International trade law: contracts for the international sale of goods and international trade mediation: in 3 books. Book. 1. Universal international legal unification of the sale and purchase of goods. – Minsk, 2005. – 296 p.
4. UNCITRAL Legal Guide on International Countertrade Transactions (adopted by UNCITRAL on 12.05.1992). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”. – http://www.consultant.ru/document/.
INTERNATIONAL PRIVATE LAW
SEYTYAGYAEVA Dinara Alievna
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
IVNITSKAYA Elena Sergeevna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
THE ROLE OF BILATERAL TREATIES ON THE PROMOTION AND MUTUAL PROTECTION OF CAPITAL INVESTMENTS IN THE INTERNATIONAL LEGAL REGULATION OF FOREIGN INVESTMENTS
Legal regulation of transnational investment relations is carried out mainly through international treaties. This is due to the fact that national legislation can change in the interests of the state, i.e. not characterized by stability. In this regard, the effectiveness and stability of legal regulation of investment relations is realized through international treaties. This order of legal regulation allows to provide guarantees of stability to investors, to protect their rights when making investments.
Keywords: foreign investments, capital investments, international agreement, guarantees, legal regime.
Article bibliography
1. Doronina N. G. Multilateral international treaties and Russian legislation on investments // Journal of Russian law. – 2002. – No. 11. – P. 29.
2. Ershova I. V. The system of legal regulation of Russian investments abroad // Entrepreneurial law. Supplement “Business and law in Russia and abroad”. – 2012. – No. 4. – P. 19.
3. Bogatyrev A. G. The problem of the relationship of sources in modern international investment law // Modern lawyer. – 2012. – No. 1. – P. 53.
4. Labin D.K. International law on the protection and promotion of foreign investments. – M., 2008. – P. 217.
5. Glinshchikova T.V. Legal nature of investment agreements // Leningrad Law Journal. – 2014. – No. 1 (35). – pp. 149-154.
INTERNATIONAL PRIVATE LAW
WANG Jing
magister student, International Law Institute, O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMS AND PROSPECTS OF EARLY DISMISSAL PROCEDURE IN INTERNATIONAL COMMERCIAL ARBITRATION IN CHINA
This article systematically examines the current status, problems and prospects of early dismissal procedures in China’s international commercial arbitration. International experience of this procedure, China still faces a number of problems in practice, such as imperfect legal framework, insufficiently mature procedure and excessive discretionary power of arbitrators. This paper utilizes analytical and comparative research methods. Through in-depth analysis of relevant arbitration cases at home and abroad, the practical problems encountered by the parties to the dispute resolution process in using the early stage rejection procedure in China are revealed, and compared with the practice of other countries and international arbitration institutions. The novelty of this article is that it is the first time to systematically evaluate the applicability of the early dismissal procedure in China and its impact on arbitration efficiency, and puts forward a series of concrete suggestions for its improvement. These suggestions include improving the legal framework, clarifying procedural standards, and enhancing the training of arbitrators, which provide an important guideline for the future institution-building of international commercial arbitration in China. In addition, this article also examines the trend of early development of the rejection procedure in China and points out its potential to enhance the credibility of arbitration in China. Through an in-depth analysis of this new mechanism, this article provides valuable insights for the further improvement of China’s international commercial arbitration system.
Keywords: international commercial arbitration, early dismissal procedure, international commercial dispute resolution.
Article bibliography
1. Tang Saixiao, an author of the International Arbitration Law Review. Cost Balance and Institutional Construction of the Mechanism of the Early Dismissal Procedure in International Commercial Arbitration. Wuhan University International Law Review. 2019. No. 3 (02). P. 85-104. DOI: 10.13871/b.cnki.whuilr.2019.02.017.
2.梁丹妮,林希楠.ICSID仲裁中的早期驳回程序研究——基于2021年《ICSID仲裁规则修订稿草案》第41条的分析Dani Liang, Xinan Lin. A Study of Early Rejection Procedure in ICSID Arbitration – An Analysis Based on Article 41 of the Revised Draft ICSID Arbitration Rules 2021 [J] // Sun Yat-sen University Law Review. 2020. No. 18 (02). pp. 225-241.
3. Jiang Chun, Zhong Huiqiang. Destroying the “Final Award” of Commercial Arbitration and Analyzing the Substantive Appeal Mechanism [C] // Collection of “Shanghai Legal Research”, Volume 2, 2023 – Collection of Legal Research of Lawyers. Shanghai Dehe Hantong Law Firm. 2023. No. 7. DOI: 10.26914/c.cnkihy.2023.022439.
THEORY OF STATE AND LAW
ABDRASHITOV Vagip Mnirovich
Ph.D. in Law, associate professor, professor of Philosophy and theory of law sub-faculty, Volgograd State University
VOPLENKO Nikolay Nikolaevich
Ph.D. in Law, professor, professor of Theory and history of law and state sub-faculty, Volgograd State University
POLYAKOV Vyacheslav Aleksandrovich
Ph.D. in historical sciences, associate professor, professor of Theory and history of law and state sub-faculty, Volgograd State University
THE CONCEPT OF STATE SOVEREIGNTY OF THE MODERN RUSSIAN FEDERATION (THEORETICAL ASPECT)
The article analyzes current trends in constitutional and legal reforms in the context of strengthening state sovereignty. The authors conclude that modern changes in the basic laws of a number of states are aimed at protecting traditional values, national interests, and strengthening independence in the face of global political and cultural pressure from other states. The author analyzes the process of establishing the supremacy of the Constitution of the Russian Federation over international legal norms, which is a consistent step in the formation of Russia’s sovereign legal doctrine. The importance of constitutional reforms for modernizing public administration and increasing public confidence in government institutions is emphasized. It is concluded that the consistent development of the concept of national sovereignty of Russia, based on historical and legal traditions, contributes to strengthening the state legal regime and increasing citizens’ trust in public authority.
Keywords: sovereignty, legislation, globalization, state sovereignty, constitutional reform, state, international law, human rights and freedoms, system of protection of state sovereignty.
Article bibliography
1. Khabrieva T. Ya., Klishas A. A. Thematic commentary to the Law of the Russian Federation on amendments to the Constitution of the Russian Federation dated 14.03.2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authority.” – Moscow: Norma, INFRA-M, 2020. – 240 p.
2. Ukhanov A. D. Modern transformation of state sovereignty // Territory of new opportunities. Bulletin of the Vladivostok State University of Economics and Service. – 2016. – Vol. 8, No. 1 (32). – P. 53-62.
3. Grachev N. I. Empire as a form of government and trends in the development of sovereign statehood in the modern world // Bulletin of the Saratov State Academy of Law. – 2006. – No. 5 (51). – P. 8-15.
4. Palienko N. I. Sovereignty: historical development of the idea of sovereignty and its legal significance. – Yaroslavl, 1903. – 593 p.
5. Mikhnevich A. V., Gritsenko A. A lost opportunity to guarantee restitutio in integrum or a reminder to the Council of Europe about Russia’s sovereignty? // International Journal of Experimental Education. – 2017. – No. 3 (part 2). – P. 165-169.
6. Romanovsky G. B. “The Anchugov and Gladkov Case” and decisions of the Constitutional Court of the Russian Federation and constitutional review bodies of foreign countries // Lex Russica. – 2017. – No. 2. – P. 137-148. – [Electronic resource]. – Access mode: https://rucont.ru/efd/583136 (date of access: 25.01.2025).
7. Alebastrova I. A. State sovereignty: concepts and reality // Lex Russica. – 2014. – No. 12. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennyy-suverenitet-kontseptsii-i-realnost (date of access: 25.02.2025).
8. Tuzmukhamedov R. A. National sovereignty / Acad. of Sciences of the Uzbek SSR. Institute of Philosophy and Law. – Moscow: IMO Publishing House, 1963.– 215 p.
9. Ushakov N. A. Sovereignty in modern international law. – Moscow, 2017. – 231 p.
THEORY OF STATE AND LAW
AVRAMOV Stepan Olegovich
adjunct of the adjunct and doctoral studies, Military Research Center of the Zhukov Military Academy of the National Guard of the Russian Federation
PROBLEMS OF DIFFERENTIATION OF LEGAL RESTRICTIONS AND PROHIBITIONS IN MODERN LEGAL SCIENCE
The article explores legal restrictions as a tool for balancing the interests of society, the state and the individual, emphasizing their role in preventing violations of law and order. The author distinguishes between restrictions (setting the framework for the exercise of rights) and prohibitions (completely excluding actions), analyzing them through the prism of dictionary definitions and classifications. There is a theoretical uncertainty in legal science due to the lack of clear criteria for distinguishing related categories, which complicates law enforcement.
Keywords: legal restrictions, law and order, legal prohibitions, mechanism of legal regulation, restriction of rights and freedoms.
Article bibliography
1. Alekseev S. S. Legal prohibitions in the structure of Soviet law // Jurisprudence. – 1973. – No. 5. – P. 43.
2. Bratko A. G. Prohibitions in Soviet law. – Saratov, 1979. – P. 17.
3. Malko AV Incentives and Limitations in Law (Theoretical and Informational Aspect): dis. … doctor of legal sciences. – Saratov, 1995.
4. Podmarev AA Constitutions of the Russian Federation of 1993. // Constitutional development of Russia. Interuniversity collection of scientific articles. – Saratov: Publishing house of the State Educational Institution of Higher Professional Education “Saratov State Academy of Law”, 2005. – Issue 6. – P. 127-131.
5. Rybushkin NN Implementation of prohibitive norms of Soviet public law: author’s abstract. dis. … candidate of legal sciences. – Kazan, 1986.
6. Sultygov MM Prohibition as a method of legal regulation: author’s abstract. dis. … candidate of legal sciences. jurid. sciences. – St. Petersburg, 1996.
7. Fatkullin F. N. Problems of the Theory of State and Law. – Kazan, 1987.
8. Yakovlev M. V., Nikonov D. A., Avramov S. O. Legal Culture as a Determinant of the Effective Application of Legal Incentives and Restrictions // Eurasian Law Journal. – 2024. – No. 2 (189). – pp. 100-105.
THEORY OF STATE AND LAW
OSKIN Egor Dmitrievich
postgraduate student of the 1st course, Samara State University of Economics
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of Theory of law and public law disciplines sub-faculty, Samara State University of Economics
LEGAL AWARENESS AND LEGAL AWARENESS: PROBLEMS OF CORRELATION AND INTERRELATION
In the article, the author explores such important concepts as legal awareness and legal consciousness, examines how they relate to each other. Noting the fact that there is no precise definition of the concept of “legal awareness” in legal science, the author suggests exploring its essence through structural elements. In addition, the article offers recommendations designed to improve the effectiveness of legal information for citizens in the Russian Federation. The author analyzes legal consciousness through the prism of its possible deformations, such as legal nihilism, legal infantilism, legal negativism, and legal egocentrism, noting that lack of legal awareness is often the cause of some of these deformations of legal consciousness.
Keywords: legal awareness, legal consciousness, deformation of legal consciousness, legal nihilism, legal infantilism, legal negativism, legal egocentrism.
Bibliographic list of articles
1. Boer V.I. Information and legal policy of Russia. – SPb.: St. Petersburg. acad. Ministry of Internal Affairs of Russia, 1998. – 249 p.
2. Goyman V. I. Legal awareness of citizens: status, ways of improvement // Soviet state and law. – 1988. – No. 9. – P. 30-40.
3. Lazareva A. S., Goncharov A. A. On the issue of the concept and structure of legal awareness of citizens // Science Diary. – 2020. – No. 7 (43). – P. 34.
4. Malinovsky A. A. Legal egocentrism as a type of deformation of individual legal consciousness // Jurisprudence. – 2008. – No. 6. – P. 171-181.
5. Matuzov N. I. Legal nihilism as a way of life // Law and Politics. – 2012. – No. 12. – P. 2080-2089.
6. Osipov R. A. Legal awareness as a means of counteracting deformations of the individual’s legal consciousness // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (44).
7. Sokolov N. I. Legal awareness of society: essence and content // Soviet state and law. – 1981. – No. 11. – P. 39-47.
THEORY OF STATE AND LAW
SEMENOV Andrey Alexandrovich
adjunct and doctoral student at the Research Center, Military Order of Zhukov Academy of the National Guard of the Russian Federation, lieutenant colonel, St. Petersburg
THE THEORETICAL AND LEGAL ASPECT OF THE ACTIVITIES OF THE FEDERAL SERVICE OF THE NATIONAL GUARD TROOPS IN ENSURING TERRITORIAL INTEGRITY OF THE RUSSIAN FEDERATION
The article discusses the activities of the Federal Service of the National Guard Troops in ensuring the territorial integrity of the Russian Federation. This work is aimed at an in-depth study of the theoretical and legal aspects of the activities of the Federal Service of the National Guard Troops in the context of ensuring the territorial integrity of the Russian Federation. An analysis of the current regulatory legal acts regulating the activities of the Russian Guard in the field of ensuring the security of society and the state is carried out.
Keywords: Russian Guard, theoretical and legal aspect, territorial integrity, Federal Service of the National Guard of the Russian Federation.
Article bibliography
1. Federal Law “On the Troops of the National Guard of the Russian Federation” dated 03.07.2016 No. 226-FZ (as amended on 08.08.2024) (as amended and supplemented, entered into force on 20.10.2024). – Art. 2. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”: http://www.kremlin.ru/acts/bank/40960 (date of access: 01.02.2025).
2. Tasks of the National Guard Troops – Rosgvardia. [Electronic resource]. – Access mode: https://21.rosguard.gov.ru/page/index/zadachi-vojsk-nacionalnoj-gvardii (date of access: 01.02.2025).
3. Federal Law “On the Troops of the National Guard of the Russian Federation” dated 03.07.2016 No. 226-FZ (as amended on 08.08.2024) (as amended and supplemented, entered into force on 20.10.2024). [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/40960 (date of access: 01.02.2025).
4. Formation of plans and performance indicators of the Russian National Guard. [Electronic resource]. – Access mode: https://sudact.ru/law/prikaz-rosgvardii-ot-07112019-n-373-ob/prilozhenie/ii/formirovanie-planov-i-pokazatelei-deiatelnosti/ (date of access: 01.02.2025).
5. On approval of the Regulations of the Federal Service of the National Guard Troops of the Russian Federation. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/563862664/titles/7eg0kj (date of access: 02.02.2025).
6. Zolotov V. Spoke about the development prospects of the Russian National Guard. [Electronic resource]. – Access mode: http://council.gov.ru/events/news/85071/ (date of access: 03.02.2025).
7. National Defense / Main topic / The Russian National Guard is watching. [Electronic resource]. – Access mode: https://2009-2020.oborona.ru/includes/periodics/maintheme/2018/0327/162923746/detail.shtml (date of access: 02.02.2025).
8. Presentation film “The Russian National Guard. History. Tasks…”. [Electronic resource]. – Access mode: https://rosguard.gov.ru/page/index/prezentacionnyj-film-rosgvardiya-istoriya-zadachi-perspektivy (date of access: 03.02.2025).
9. The Russian Guard may be granted new powers. [Electronic resource]. – Access mode: http://duma.gov.ru/news/56209/ (access date: 02/03/2025).
THEORY OF STATE AND LAW
SOLTANI Bahrehmand Somayyeh
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
CRITIQUES AND CHALLENGES TO THE INTERSECTION OF LAW AND POLITICS
This article studies the intricate relationship between politics and the law, looking at how judicialization affects governance and how legal systems change in response to political pressure. It challenges the notion that political forces do not influence the rule of law, contending that larger political, economic, and social variables frequently impact court rulings. Important topics covered in the discussion include the influence of special interest organizations, the politicization of legal decision-making, and judicial independence. Through an analysis of judicial responsibility, the rule of law, and democratic ideals, the article identifies obstacles in sustaining a fair and impartial judiciary. It further explores the function of courts as theaters for policy discussions, where legal interpretations can be strategically employed to achieve political goals. In the end, the paper makes the case that maintaining the integrity of legal institutions needs promoting judicial ethics, openness, and public trust, even when the intersection of politics and law cannot be avoided.
Keywords: Judicial Independence, Law-Politics, Judicial Accountability, Democratic Principles, Judicial Ethics.
References
1. Almond Paul, van Erp, Judith. Regulation and governance versus criminology: Disciplinary divides, intersections, and opportunities // Regulation & Governance. – 2020. – DOI: https://doi.org/10.1111/rego.12202.
2. Mahfud, Mahfud, Yudiana, I. Kadek, Sariyanto, Sariyanto. History of Banyuwangi Kaliklatak Plantation and Its Impact on Surrounding Communities // International Journal of Educational Review, Law And Social Sciences (IJERLAS). – 2023. – Vol. 3, No. 1. – Рp. 91-104. – DOI: https://doi.org/10.54443/ijerlas.v3i1.492.
3. Khaskheli M. B., Wang Shumin, Hussain, Rana Yassir, Butt, M. Jahanzeb, Yan, XiaoShan, Majid, Sara. Global law, policy, and governance for effective prevention and control of COVID-19: A comparative analysis of the law and policy of Pakistan, China, and Russia // Frontiers in Public Health. – 2023. – Vol. 10. – Article ID: 1035536. – DOI: https://doi.org/10.3389/fpubh.2022.1035536.
4. Henkin Louis. International law: politics and values. – Vol. 18. – M. Nijhoff, 2023.
5. Geyh Charles Gardner. Judicial Independence at Twilight // Case W. Res. L. Review. – 2020. – R. 1045. – [Electronic resource]. – Access mode: https://scholarlycommons.law.case.edu/caselrev/vol71/iss3/5.
6. Huq Aziz Z. Why judicial independence fails // Northwestern University Law Review. – 2020. – Vol. 115. – Рp. 1055-2021.
7. Hodge Lord. The scope of judicial law-making in the common law tradition // Rabels Zeitschrift für ausländisches und internationales Privatrecht / The Rabel Journal of Comparative and International Private Law. – 2020. – No. 2. – Рp. 211-227. – DOI: https://api.semanticscholar.org/CorpusID:216270449.
8. Lenaerts Koen. New Horizons for the Rule of Law within the EU // German Law Journal. – 2020. – DOI: 10.1017/glj.2019.91.
9. Smith B. C. Judges and Democratization: Judicial Independence in New Democracies. – 2022. – DOI: https://doi.org/10.4324/9781003334613.
10. Bavbek, N. Yasemin, Korhonen, Juho Topias. A Country of White Lilies: Inter-Imperial Nation-Making and Development from the Russian Empire’s Periphery to Post-Ottoman Turkey // Comparative Studies in Society and History. – 2024. – Рp. 1-26. – DOI: 10.1017/S0010417523000506.
11. Pistor-Hatam, Anja. Iran und die Reformbewegung im Osmanischen Reich. – 2021. – DOI: https://doi.org/10.1515/9783112401040.
12. Rappaport, John. Some Doubts About Democratizing Criminal Justice // The University of Chicago Law Review. – 2020. – [Electronic resource]. – Access mode: https://chicagounbound.uchicago.edu/uclrev/vol87/iss3/2.
13. Cavallini, Cesare, Gaboardi, Marcello. Rights vs. Remedies: Towards a Global Model // UC Davis J. Int’l L. & Pol’y. – 2021.
14. Koskimaa, Vesa, Rapeli, Lauri, Hiedanpää, Juha. Governing through strategies: How does Finland sustain a future-oriented environmental policy for the long term? // Futures. – 2021. – DOI: 10.1016/j.futures.2020.102667.
15. Butković, Hrvoje, Czarzasty, Jan, Mrozowicki, Adam. Gains and pitfalls of coalitions: Societal resources as sources of trade union power in Croatia and Poland // European Journal of Industrial Relations. – 2023. – Vol. 29, No. 1. – Рp. 43-61. – DOI: https://doi.org/10.1177/09596801221138.
16. Klabbers, Jan. International law. – 3rd ed. – Cambridge: Cambridge University Press, 2020.
17. Rappaport, John. Some Doubts About Democratizing Criminal Justice // The University of Chicago Law Review. – 2020. – [Electronic resource]. – Access mode: https://chicagounbound.uchicago.edu/uclrev/vol87/iss3/2.
18. Khanderia, Saloni, Peari, Sagi. Party autonomy in the choice of law under Indian and Australian private international law: some reciprocal lessons // Commonwealth Law Bulletin. – 2020. – DOI: 10.1080/03050718.2020.1804420.
19. Huchhanavar, Shivaraj S. Conceptualizing judicial independence and Accountability from a regulatory perspective // Oslo Law Review. – 2023. – DOI: https://doi.org/10.18261/olr.9.2.3.
20. Murphy, Kevin. Performance evaluation will not die, but it should // Human Resource Management Journal. – 2020. – DOI: 10.1111/1748-8583.12259.
21. Garoupa, Nuno, Magalhães, Pedro C. Public trust in the European legal systems: independence, accountability and awareness // West European Politics. – 2020. – DOI: 10.1080/01402382.2020.1715605.
22. Breyer, Stephen. The Authority of the Court and the Peril of Politics. – 2021.
23. Rappaport, John. Some Doubts About Democratizing Criminal Justice // The University of Chicago Law Review. – 2020. – [Electronic resource]. – Access mode: https://chicagounbound.uchicago.edu/uclrev/vol87/iss3/2.
24. Walker, Justin. The Kavanaugh Court and the Schechter-to-Chevron Spectrum: How the New Supreme Court Will Make the Administrative State More Democratically Accountable // Ind. L.J. – 2020. – [Electronic resource]. – Access mode: https://www.repository.law.indiana.edu/ilj/vol95/iss3/7.
25. Kosimov, Botirjon. Constitutional Elements of Judicial Independence: Are They Enough in the Constitution of Uzbekistan? // Society and innovation. – 2022. – Vol. 3. –Pp. 205-212. – DOI: https://doi.org/10.47689/2181-1415-vol3-iss10/S-pp205-212.
26. Geyh, Charles Gardner. Judicial Independence at Twilight // Case W. Res. L. Review. – 2020. – R. 1045. – [Electronic resource]. – Access mode: https://scholarlycommons.law.case.edu/caselrev/vol71/iss3/5.
27. Silbey Susan S., Ewick Patricia. The Common Place of Law: Stories from Everyday Life. – Chicago: University of Chicago Press, 1998.
28. Belle Anirudh. Adopting weak-form review in India: An invitation to a new constitutionalism // Indian Journal of Constitutional Law. – 2020. – Vol. 9. – Рp. 126-143. – [Electronic resource]. – Access mode: https://pure.jgu.edu.in/id/eprint/1901.
29. Rachmadtullah, Reza, Syofyan, Harlinda, Rasmitadila, Rasmitadila. The role of civic education teachers in implementing multicultural education in elementary school students // Universal Journal of Educational Research. – 2020. – DOI: 10.13189/ujer.2020.080225.
30. Breyer, Stephen G., Stewart, Richard B., Sunstein, Cass R., Vermeule, Adrian, Herz, Michael E. Administrative Law and Regulatory Policy: Problems, Text, and Cases. – Aspen Publishing, 2022.
THEORY OF STATE AND LAW
STRAKHOV Igor Andreevich
competitor of academic degree of Fundamental jurisprudence and international law sub-faculty, G. B. Mirzoev Russian University of Advocacy and Notary
E-GOVERNMENT AS A TYPE OF MODERN STATE
In this article, we have tried to identify the existing approaches in legal science to the typology of the “electronic state” (e-government). In today’s scientific and educational literature, there is a classification of the “electronic state” mainly of regional models. However, this approach does not exhaust the list of author’s views on the typology of this type of state. The problem, in our opinion, lies not only in the limited classification criteria and unsystematic ideas about the “electronic state”, but also in its very essence, the emergence of new, previously non-existent types. Despite the common and largely identical ideas and criteria of researchers, modern science, nevertheless, considers much more diverse types of “electronic state” in its problem field than can be seen in the current superficial scientific discourse. It seems that each author sees in his classification certain criteria and key factors by which he performs his classification. At the same time, there are atypical forms and types of “e-government” that may not coincide with traditional concepts, and which, in our opinion, may be very interesting and relevant. In our article, as a result of a comprehensive generalization of the scientific literature, we tried to systematize the criteria and approaches existing in science to this new social phenomenon.
Keywords: typology of the “electronic state”, civilization, typical and atypical approaches, information and communication technologies.
Article bibliography
1. Azizov R. F. Electronic government as an element of the electronic state // Scientific works of the Russian Academy of Advocacy and Notary. – 2014. – No. 4. (35). – P. 22-27.
2. Afanasyev V. G. Systematicity and society. – Moscow: Politizdat, 1980. – 368 p.
3. Barakina E. Yu. On the issue of establishing the legal regime of digital technologies in the context of the transition to a data economy // Journal “Theories of State and Law”. – 2024. – No. 3-2 (40). – P. 13-23.
4. Bartsits I. N. Constitutional right to good (effective) governance: criteria, indicators, assessments // Constitutional and municipal law. – 2013. – No. 11. – P. 64-71.
5. Bodrunov S. D. Noonomics: the trajectory of global transformation: monograph. – M.: INIR; Cultural revolution, 2020. – 224 p.
6. Vlasenko N. A. The modern Russian state. Essays. – M.: Norma-M, 2023. – 152 p.
7. Durkheim E. Sociology. Its subject, method, purpose / Transl. from French, compiled, afterword and notes by A. B. Goffman. – M .: Kanon, 1995 .– 352 p.
8. Kiselev A. S. Modern theoretical approaches to the concept of an electronic state // Actual problems of Russian law. – 2018 .– No. 6 (91). – P. 32-39.
9. Making government work: Electronic Delivery of Federal Services. Washington, DC: U.S. Government Printing Office, September 1993 .– [Electronic resource]. – Access mode: http://www.fas.org/ota/reports/9333.pdf (date of access: 05/21/2017).
10. Nerone J. C. Last Rights. Revision of Four Theories of the Press. – Urbana: University of Illinois Press, 1995. – P. 151.
11. Heeks R. Failure, Success and Improvisation of Information Systems Projects in Developing Countries // Development Informatics. Working Paper Series. – No. 11. – January 2002. – P. 1-4. – [Electronic resource]. – Access mode: http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan0122 92.pdf (Accessed: 21.05.2017).
12. Ponkin I. V. The concept of “electronic state” within the framework of the new public administration system // Bulletin of the People’s Friendship University of Russia named after P. Lumumba. Series “Legal Sciences”. – 2013. – No. 4. – P. 52-58.
13. Ponkin I. V., Lapteva A. I. Law and digital: Machine-readable law, digital twin models, digital formalization and digital onto-engineering in law: Textbook. – M .: Buki Vedi, 2021. – 174 p.
14. Law of the twentieth century: Ideas and values: Collection of reviews and abstracts / Responsible. ed. Pivovarov Yu. S. – M., 2001. – 328 p.
15. Reshetnyak V. I., Smagina E. S. Information technologies in civil proceedings: Russian and foreign experience: textbook. manual. – M.: Gorodets, 2017. – 302 p.
HISTORY OF THE STATE AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, Head of Legal disciplines and teaching methods sub-faculty, Faculty of Management and Law, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ABDULMUTALIMOVA Zamira Magomedovna
Ph.D. in political sciences, associate professor of Legal disciplines and teaching methods sub-faculty, Faculty of Management and Law, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
KURBANOV Gasan Seifudinovich
postgraduate student of Legal disciplines and teaching methods sub-faculty, Faculty of Management and Law, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE LEGAL FRAMEWORK FOR COMBATING CORRUPTION IN THE XVII-XVIII CENTURIES
Corruption, as a social phenomenon, has existed at all times and has played a significant role in the history of various countries, including Russia. In the XVII-XVIII centuries, when the Russian state went through many changes, including governance reforms, the legal framework for combating corruption began to take shape gradually. The authors note that the legal framework for combating corruption in Russia in the 17th-18th centuries was formed in a difficult internal political situation and emphasize that starting with Peter I and ending with Catherine II, Russian rulers sought to create an effective mechanism for monitoring the behavior of officials, which became a pioneering step in the fight against corruption, which remains relevant today. The development of the legal framework at this stage was an important step towards a more efficient and equitable system of public administration in the future.
Keywords: corruption, reforms, fight against corruption, decrees, legal acts.
Article bibliography
1. Chistyakov O. I., Novitskaya T. E., Dyukov L. V. History of the domestic state and law. In 2 parts. Part 1. Textbook. – 5th ed. – M.: Yurait, 2011. – P. 23.
2. Ageeva E. A. Legal liability in public administration: (social and legal aspect). – SPb.: LSU, 2008. – P. 125.
HISTORY OF THE STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
MIKHAIL BAKUNIN’S POLITICAL IDEOLOGY AND VIEWS
This article analyzes the relevance of Mikhail Bakunin’s political and legal legacy in the context of contemporary social and international challenges. The relevance of this study is due to the fact that many of the problems facing the modern world have deep historical roots and show a clear similarity to the conflicts of the second half of the 19th century, during the life and active work of Mikhail Bakunin. The study provides a detailed analysis of the stages of the formation of Bakunin’s worldview, his critical attitude towards the state and its institutions, as well as his concept of social organization based on the principles of self-government and federalism. It is determined that Bakunin’s political and legal concept, despite its historical conditioning, contains a number of ideas that remain relevant in contemporary political and legal discourse. The conclusion is drawn that Bakunin’s model of state structure, based on the principles of self-government and federalism, can serve as a source of inspiration for the development of new political projects aimed at creating a more just and democratic society.
Keywords: Mikhail Bakunin, anarchism, political ideology, social revolution, Bakunin’s theory, revolutionary movement.
Article bibliography
1. Arefyev M. A., Davydenkova A. G. Atheism of Karl Marx and anti-theologism of M. A. Bakunin: general and special // Acta Eruditorum. – 2020. – No. 35. – P.10-13.
2. BakuninM. A. Selected Works. With a biographical essay by V. Cherkezov. – Publisher: “Media” – 320 p.
3. Bakunin M. A. Selected Works. Petersburg, Moscow. – T. 4: Politics of the International. Sleepers. Comprehensive education. Organization of the International. Letters on patriotism. Letters to a Frenchman. The Paris Commune and the concept of statehood – Publisher: “Voice of Labor”, 1920. – 267 p.
4. Bulanova M. B. Social contract: pro et contra M. Bakunin // Bulletin of the Russian State University for the Humanities. – 2023. – No. 3. – P.184-192.
5. Ivannikov I. A. Anarchist teachings of M. A. Bakunin and modernity (on the 210th anniversary of the thinker’s birth) // Legal Bulletin . – 2024. – No. 2. – P.9-17.
6. Lutsevich L. F. The First Slavic Congress in the Confession of Mikhail Bakunin // Russian Humanitarian Journal. – 2013. – Vol. 2, No. 4. – P.323-331.
7. Poiminov N. M. Features of the perception of the doctrine of Pan-Slavism in the radical legal thought of Russia // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – 2023. – T.9, No. 3. – P. 128-134.
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 THE ESTONIAN OBER-LANDGERICHT ON THE BASIS OF SOURCES OF PARTICULAR LAW DURING ITS INCORPORATION INTO THE RUSSIAN EMPIRE
The article discusses the problems of legislative consolidation of public authorities of the Estonian province when joining Russia. At the time of joining the Russian Empire, Estland had a state administrative apparatus that conducted legal proceedings on the basis of Danish and Swedish legislation.
Keywords: provincial institutions of Estonia, sources of law, acts of agreement, charter, rights of estates, privileges.
Article bibliography
1. Krasnyakov N. I. Imperial factor in public administration of Russia of the 18th – early 20th centuries. – M., 2011.
2. History of Russian foreign policy. 18th century. – M.: International relations, 1998.
3. History of Russian foreign policy (late 15th – 17th century). – M., 1999.
4. Speransky M. M. Review of historical information on the code of laws: Comp. of acts stored in the 2nd Department of the Own. e. in. chancery. – SPb.: type. 2-go Otdel-niya Sobstven. e. i. v. chancery, 1833. – 200, VII: 21.
5. Review of historical information that served to compile a code of local laws of the Baltic provinces (1158-1858). – SPb.: DirectMedia, 2013. – 223 p.
6. Treaty concluded at the congress in Nystat by authorized ministers: with the Russian General Feldzeugmeister Count Bruce and chancery adviser Osterman, and from the Swedish side Lilienstein and Baron Stremfelt “On eternal peace between both states.” August 30, 1721 // PSRI-1. – V. 6. – No. 3819.
7. Capitulation concluded between the Swedish Vice-Governor, Major General Patkul and the Russian Lieutenant General Bauer “On the surrender of the city of Reval and the fortress to Russian arms. September 29, 1710 // PSZRI-1. – V. 4. – No. 2297.
8. Agreements made at the headquarters of Garke between the gentry and the zemstvo of the Duchy of Estland and the Russian Lieutenant General Bauer “On granting the inhabitants of this duchy their previous privileges and advantages, both in terms of their religion and their other rights.” September 29, 1710 // PSZRI-1. – T. 4. – No. 2299.
HISTORY OF STATE AND LAW
DRYAEV Georgiy Borisovich
postgraduate student of State and law theory sub-faculty, O. E. Kutafin Moscow State Law University
SYNTHESIS OF INTERDISCIPLINARY SCIENTIFIC APPROACH WITH STATE-LEGAL IDEAS OF D. I. MENDELEEV
D. I. Mendeleev emphasized in his works the necessity of expanding interdisciplinary relations of legal science and its going beyond the socio-cultural context, in which state-legal ideas are most often studied. This article identifies some promising directions of interdisciplinary research of scientific and technological progress and state-legal regulation. In the process of researching the issue of influence of D. I. Mendeleev’s scientific activity on further development of the Russian statehood the logical and historical methods, as well as their combination were used. Having studied his views on public administration and legislation, it can be seen that they are permeated with the idea of applying a scientific approach to the solution of social and legal issues. This concept makes his personality unique in the context of Russian history and culture.
Keywords: state policy, foreign experience, education, science, interdisciplinary relations.
Bibliographic list of articles
1. Gurvich G. Ts. Economic views of D. I. Mendeleyev. – Minsk: Publishing house of the Academy of Sciences of the Byelorussian SSR, 1951.
2. Mendeleyev D. I. Cherished thoughts. – M., 2022.
3. Mendeleyev D. I. Towards knowledge of Russia. – M., 2022.
4. Mendeleyev D. I. Notes on public education in Russia, 1901.
5. Mendeleyev D. I. With thoughts about the Russian good. – Novosibirsk, 1991.
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
associate professor of Constitutional and municipal law sub-faculty, Institute of Law, Dagestan State University, Makhachkala
TEMIRKHANOVA Malika Rashidkhanovna
magister student of the 2nd course, Institute of Law, Dagestan State University, Makhachkala
DIGITAL TECHNOLOGIES AS A TOOL FOR COMBATING CORRUPTION: OPPORTUNITIES AND PROSPECTS
The article examines the role of digital technologies as a tool for combating corruption, as well as the possibilities and prospects of their use in this area. Various digital mechanisms and tools are analyzed, such as electronic tenders, blockchain, process automation systems that can significantly reduce corruption risks and increase the transparency of the work of government agencies. In our work we use the following methods: system analysis, legal analysis, synthesis method. The main results of the work confirm that digitalization is a powerful tool for automating administrative procedures and preventing corruption offenses. The article highlights the importance of an integrated approach to the implementation of anti-corruption digital initiatives.
Keywords: digital technologies, anti-corruption, legislation, public administration, corruption risks, government agencies.
Article bibliography
1. Karapunaly A. M., Mayakunov A. E. Digital technologies as a tool for combating corruption // Current issues in the fight against crime. – 2023. – No. 1. – P. 31-34.
2. Karachina N. O. Corruption risks // Legal technique. – 2019. – No. 13. – P. 685-687.
3. Kurganova M. V. Popularization of electronic government services in the Russian Federation // International research journal. – 2021. – No. 7 (109). – Part 3. – P. 106-109.
4. Mamitova M. V., Akhmatova D. R. Use of digital economy tools in the context of minimizing corruption risks and forming anti-corruption consciousness // Bulletin of the Plekhanov Russian University of Economics. – 2018. – No. 5 (101). – P. 3-10.
5. On the National Anti-Corruption Plan for 2021-2024: Decree of the President of the Russian Federation of August 16, 2021 No. 478. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
6. Rasulaev A., Ismoilov B. Organizational and legal aspects of the use of digital technologies in combating corruption: foreign experience of law enforcement practice // Society and Innovation. – 2020. – No. 2. – P. 300-320.
7. Sokolov M. S. Prevention and warning of corruption through digital and information technologies // Law and order: history, theory, practice. – 2023. – No. 4 (39). – P. 184-192.
8. Chuiko A. V., Vasilchenko D. S., Rudenko K. S., Belova A. V., Polushkovsky B. V. Legal and technical problems of interdepartmental interaction of public authorities in real estate registration // Moscow Economic Journal. – 2023. – No. 1. – P. 32-44.
CONSTITUTIONAL LAW
GRISHKO Lyudmila Evgenjevna
Ph.D. in Law, Associate Professor
PRYS Irina Evgenjevna
Ph.D. in Law, associate professor of Theory of state and law, international and European law sub-faculty, Academy of the FPS of Russia
CONSTITUTIONAL AND LEGAL PROTECTION OF YOUTH FROM THE INFLUENCE OF CRIMINAL SUBCULTURE: CRIMINAL LAW AND PENAL ENFORCEMENT ASPECTS
The article discusses the issues of criminal subculture affecting youth, the mechanism of implementation of constitutional and legal norms, ways and means of preventing negative influence on youth, issues related to the need for moral and patriotic education of minors. The problems of the spread of criminal subculture in conditions of imprisonment, countering the formation of criminal subculture among young people by criminal law and penal enforcement means are outlined.
Keywords: constitutional protection, subculture, youth, post-penitentiary, probation, rights, freedoms, antisocial activity, misconduct, spiritual and moral values, resocialization.
Article bibliography
1. Kutyakin S. A. “Thieves in law” and their satellites through the eyes of employees of the penal system of Russia (experience of a sociological study) // Man: crime and punishment. – 2022. – No. 3.
CONSTITUTIONAL LAW
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor, East Siberian branch, V. M. Lebedev Russian State University of Justice, Irkutsk
BONDARENKO Veronika Vyacheslavovna
student, East Siberian branch, V. M. Lebedev Russian State University of Justice, Irkutsk
CORRUPTION AND THE SOCIO-ECONOMIC SITUATION OF THE STATE: ANALYSIS AND PROSPECTS
The article examines the relationship between corruption and the socio-economic situation of the state. As a result, it is concluded that corruption is a complex social problem, the fight against which requires the consolidation of both legal and socio-economic measures on the part of state and public organizations. A conclusion is made about the need to combat both the manifestations of corruption and the causes of corruption.
Keywords: corruption, fight against corruption, determinants of corruption, corruption manifestations, bribery, anti-corruption policy.
Article bibliography
1. Afonin A. A., Kakadiy I. I. Anti-corruption policy in Russia: current state and development vector // Bulletin of science and practice. – 2022. – No. 7. – P. 470-478.
2. Barinov S. A., Ivliev A. V. Civil society and corruption: role and problems // Agrarian and land law. – 2023. – No. 3 (219). – P. 167-170.
3. Vetrik A. Yu. Are there any prospects for anti-corruption policy with its modern subject composition? // Law and Right. – 2020. – No. 8. – P. 88-94.
4. Gorbatov G. A. Digitalization in government activities and its role in combating corruption // Economy and Society. – 2019. – No. 9 (64). – P. 85-89.
5. Gribakina E. N. Diversity of corruption forms // Kant. – 2022. – No. 2 (43). – P. 102-110.
6. Eremin R. V. On measures to combat corruption // Scientific Bulletin of the Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2023. – No. 2 (95). – P. 1-7.
7. Zhurkina O. V. Specialized anti-corruption courts: comparative legal analysis // BGZh. – 2020. – No. 4 (33). – P. 353-355.
8. Kasyanova A. N. The level of perception of corruption in Russia in 2020 // Bulletin of science. – 2021. – No. 5 (38). – P. 71-76.
9. Klimovitsky S. V., Karepova S. G. Institutional measures to combat corruption // Humanitarian, socio-economic and social sciences. – 2017. – No. 8-9. – P. 1-13.
10. Komov S. A. On the Impact of Corruption on the Economy // Problems of Economics and Legal Practice. – 2017. – No. 2. – P. 191-194.
11. Osmanov M. M., Shogenov Z. A. The Impact of Corruption on the State Apparatus and Civil Society in Modern Russia // Education and Law. 2022. – No. 1. – P. 24-26.
CONSTITUTIONAL LAW
SAMUSEVICH Alexey Gennadjevich
Ph.D. in Law, associate professor, associate professor of Jurisprudence sub-faculty, Irkutsk National Research Technical University
Brueva Anastasiya Evgenjevna
student of the 2nd course in the field of “Jurisprudence”, Irkutsk National Research Technical University
LIKHANOV Mikhail Sergeevich
student of the 2nd course in the field of “Jurisprudence”, Irkutsk National Research Technical University
CONSTITUTIONAL AND LEGAL BASIS OF LAW ENFORCEMENT IN THE MINING SPHERE IN RUSSIA
The article examines the problems of regulating illegal “gray” mining and characterizes it from the perspective of violating the constitutional rights of citizens of the Russian Federation. Special attention is paid to the legal regulation of mining in Russia and the turnover of digital currencies. The existing problems related to citizens’ rights to electricity as a resource are outlined, based on some provisions of the Constitution of the Russian Federation and the activities of miners as the main factor in the violation of these rights.
Keywords: electricity, energy space, “gray” mining, digital currency, cryptocurrency.
Article bibliography
1. Dukhno N.A. Problems of the content of environmental law and natural resource law // Agrarian and land law. – 2006. – No. 7. – P. 4-7.
2. Illegal cryptocurrency mining: superprofits at the expense of bona fide consumers // Energy expert. – 2022. – No. 4 (84). – P. 12-13.
3. Power engineers have identified more than 7.6 thousand “gray” miners in the Irkutsk region / Official website of “Interfax-Russia”. [Electronic resource]. – Access mode: https://www.interfax-russia.ru/siberia/news/energetiki-vyyavili-bolee-7-6-tys-seryh-maynerov-v-irkutskoy-oblasti (date of access: 01/22/2025).
CONSTITUTIONAL LAW
STARSHOVA Ulyana Alexandrovna
Ph.D. in Law, associate professor of Professor I. E. Farber and Professor V. T. Kabyshev Constitutional Law sub-faculty, Saratov State Law Academy, associate professor of Social relations, advertising and public relations sub-faculty, Moscow Technical University of Communications and Informatics (MTUCI)
ON THE QUESTION OF THE DOCTRINE OF THE RUSSIAN WELFARE STATE
The article examines the issues of the phenomenon of the welfare state, which presupposes the existence of the doctrine of the welfare state in Russia. The role of the doctrine lies in the fact that it determines the patterns of development of law, forms its appearance and content, develops legal terminology, and provides assistance in the interpretation of normative legal acts. All the ideas and values of the Russian welfare state and their implementation are reflected in the modern legal doctrine of the welfare state, which is a special type of doctrine in the structure of constitutional law.
Keywords: constitutional law, welfare state, doctrine, legal doctrine, Russian Federation.
Article bibliography
1. Anners E. History of European law: trans. from Swedish. – Moscow: Nauka, 1996. – Page 264.
2. Barak A. Judicial discretion: trans. from English. – Moscow: Norma, 1999. – Page 3.
3. Bystrova A. S. Speech organization of the text of planning documents in the sphere of education and culture: dis. … Cand. of Philology: 10.02.01. – Volgograd, 2019. – P. 37.
4. Vestov F. A., Fast O. F. Certain aspects of political ideas implemented in a legal and social state // Basis. – 2022. – No. 1 (11). – P. 18-24.
5. Gavrilov V. V. Theory of transformation and implementation of forms of international law in the domestic legal doctrine // Moscow Journal of International Law. – 2001. – No. 2. – P. 39.
6. Gongalo B. M. Objective and subjective in legal doctrine // Actual problems of Russian law. – 2015. – No. 4. – P. 42-46.
7. Danilov S. Yu. Economic direction in foreign constitutional and legal doctrine // Law. Journal of the Higher School of Economics. – 2009. – No. 3. – P. 14.
8. Dzhmil I. A. Social state: evolution of the concept // Bulletin of the Belarusian State University. – 2007. – No. 1. – P. 77-78.
9. Pavlikov S. G. Constitutional doctrine of the rule of law // Constitutional and municipal law. – 2014. – No. 7. – P. 10.
10. Popova A. V. Russian neoliberal political and legal doctrine of the late XIX – early XX centuries. On the role of the judge in the formation of the social rule of law // Rule of law: theory and practice. – 2015. – No. 3 (41). – P. 12.
11. Khalmetov A. I. The concept of doctrine and doctrinal sources in Russian law // Science. Society. State. – 2020. – No. 3 (31). – P. 108.
12. Sheppel K. L. The New Hungarian Constitutional Court // Constitutional Law: East European Review. – 2000. – No. 1. – P. 21.
13. Kavanagh A. Constitutional review under the UK human rights Act. United Kingdom, Cambridge: Cambridge University Press, 2009. – P. 326.
CONSTITUTIONAL LAW
KUZNETSOVA Elena Vyacheslavovna
Ph.D. in historical sciences, lecturer of Law sub-faculty, Astrakhan State Technical University
MODERN REALITIES IN LAW ENFORCEMENT
The article examines the norms of legislation that enshrine human rights and the procedure for their protection. Human and civil rights and freedoms – the cornerstone of Russia’s national security. They are of the highest importance, being an integral part of the system of constitutional values. The guarantee and protection of these rights is one of the most important priorities of the national security of the State. Moreover, the state of human rights and freedoms serves as an important indicator of the stability of the state and the effectiveness of its authorities. The protection of civil rights reflects the achieved level of national security at a particular stage of the development of society and the state. In a democratic society, where human rights are an integral part of public policy, social harmony is ensured, conflicts and unrest are prevented. On the contrary, ignoring or infringing on the rights of citizens leads to instability and threatens national security. The Russian State takes all necessary measures to guarantee and protect human and civil rights and freedoms.
Keywords: rights, freedom, justice, citizen, justice, Supreme Court, Constitutional Court, judicial system, Constitution, individual, person, civil society, state power, legal culture, laws, legal system, legal doctrine.
Article bibliography
1. Chervyakov A. L. Complaint about violation of constitutional rights and freedoms as a special form of citizens’ appeal to the Constitutional Court of the Russian Federation // Questions of Law. – No. 2 (April-June). – 2023. – P. 23-26.
2. Criminal Code of the Russian Federationof 13.06.1996 No. 63-FZ (as amended on 30.11.2024).
3. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020).
4. Stremoukhov A. V., Stremoukhov A. A. Prehistory of Human Rights and the Formation of the Concept of Human Rights in the Ancient World // Leningrad Law Journal. – 2017. – No. 2 (48).
ADMINISTRATIVE LAW
AKSENOV Ilya Sergeevich
Ph.D. in Law, lawyer
HOME WORK AND REMOTE WORK: COMPARATIVE LEGAL ANALYSIS
The article examines the similarities and differences in the legal regulation of home work and remote work, and analyzes the advantages and disadvantages of each of the considered forms of employment. The study used dialectical, logical, normative and formal-legal methods of scientific research. The purpose of the study is to identify the possibility of integrating a number of positive features of regulating remote work into the organization of homeworkers’ work in order to increase its competitiveness. The result of the study is the author’s proposals for supplementing the employment contract with the homeworker with clauses that can positively affect a number of key aspects of his work activity.
Keywords: home work, remote work, remote work, employment contract, control, employer.
Article bibliography
1. Borodina E.N. Concept and legislation on home work // Education and Law. – 2018. – No. 4. – P. 107-112.
2. Borodina E.N. Legal regulation of home and remote work in the Russian Federation // Bulletin of VSU. – 2018. – No. 4. – P. 270-282.
3. Vasilyeva Yu. V., Shuraleva S. V., Braun E. A. Legal regulation of remote work: problems of theory and practice: monograph / Scientific. ed. Yu. V. Vasilyeva; Perm. state. national research. univ. – Perm, 2016. – 128 p.
4. Vorobyova O. A., Sharafutdinov I. R. Home-based and remote workers: comparative legal aspect // Humanitarian Balkan studies. – 2017. – No. 1. – P. 44-46.
5. Zakalyuzhnaya N. V. Remote work and similar legal relations // Law. Journal of the Higher School of Economics. – 2015. – No. 2. – P. 76-91.
6. Markova O. V., Konobeeva A. B. Organizational mechanisms in managing labor relations on a remote basis // Bulletin of the Moscow Financial and Law Academy. – 2021. – No. 2. – P. 101-109.
7. Pozdnyakova E. A., Tarnavsky O. A. Performance of work by an employee outside the location of the employer: history and modernity // Education and Law. – 2021. – No. 8. – P. 297-305.
8. Potapov D. V., Potapova L. V. Problematic issues of protecting the labor rights of remote workers // The scientific heritage. – 2021. – No. 74. – P. 45-48.
9. Potapov D. V., Potapova L. V. Development of labor legislation as a factor in civil protection of labor rights of a remote worker // International Research Journal. – 2021. – No. 6 (108). – P. 102-104.
10. Chernykh N. V. The influence of atypical forms of employment on theoretical ideas about labor relations (on the example of the norms on remote work) // Actual problems of Russian law. – 2019. – No. 8 (105). – P. 108-117.
11. Chesalina O. V. Novels in the legislation on remote (remote) work: comparative legal analysis // Actual problems of Russian law. – 2021. – Vol. 16, No. 9. – P. 99–113.
12. Shalkina E. V. Legal status of home-based and remote workers: similarities and differences // SCIENCE TIME. – 2021. – No. 9 (93). – P. 14–18.
ADMINISTRATIVE LAW
GOSACHINSKAYA Anna Arturovna
master of law, Faculty of law, M. V. Lomonosov Moscow State University, Adviser to the State Civil Service of the Russian Federation, 3rd class
THE PROCEDURE FOR THE ELIMINATION OF UNAUTHORIZED WASTE DISPOSAL SITES. CURRENT LEGISLATION, EXISTING PROBLEMS AND WAYS OF SOLUTION
In this article, the author examines the procedure for the elimination of unauthorized waste disposal sites, established by legislation on the management of industrial and consumer waste. The article also contains statistical data posted on the website of the federal executive authority responsible for control and supervision of environmental protection, including in the field of municipal solid waste management. The author analyzes the current legislation, the position of the Constitutional Court of the Russian Federation, and the positions of federal executive authorities on this issue. In addition, the article analyzes the upcoming changes planned to be introduced by the draft federal law under consideration in the State Duma of the Federal Assembly of the Russian Federation.
Keywords: municipal solid waste (MSW), disposal of unauthorized waste disposal sites, regional MSW management operator.
Article bibliography
1. Statistical reporting on the number of unauthorized waste dumps for 2023 // Official website of Rosprirodnadzor (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://rpn.gov.ru/open-service/analytic-data/statistic-reports/unauthorized-landfill/
2. Minus 111 landfills: “Clean Country” sums up the results of 2023. 2023 // Official website of the Ministry of Natural Resources of Russia (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://www.mnr.gov.ru/press/hottopic/minus_111_svalok_chistaya_strana_podvodit_itogi_2023_goda_/
3. Sitsevsky I. The number of illegal landfills has decreased to a record low. 2024 // Vedomosti Ecology (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://www.vedomosti.ru/ecology/esg/articles/2024/11/18/1075262-kolichestvo-nelegalnih-svalok-sokratilos
4. Federal Law “On Production and Consumption Waste” of June 24, 1998 No. 89-FZ // Collection of Legislation of the Russian Federation, 1998, No. 26, Art. 3009, No. 33, Art. 4928, 4992, 5002.
5. Resolution of the Government of the Russian Federation of November 12, 2016 No. 1156 “On the handling of municipal solid waste and amending the Resolution of the Government of the Russian Federation of August 25, 2008 No. 641” // Collected Legislation of the Russian Federation, 2016, No. 47, Art. 6640; 2018, No. 40, Art. 6122).
6. Resolution of the Constitutional Court of the Russian Federation of May 30, 2023 No. 27-P // SPS ConsultantPlus
7. The system for ensuring legislative activity of the State Automated System “Lawmaking” (SOZD GAS “Lawmaking”) // (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/751834-8
8. Regions count landfills and make plans – the mechanism for “coloring” environmental payments has started working in Russia. 2022 // Official website of the Ministry of Natural Resources of Russia (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://www.mnr.gov.ru/press/news/regiony_schitayut_svalki_i_stroyat_plany_mekhanizm_okrashivaniya_ekologicheskikh_platezhey_zarabotal/?ysclid=m7cf744hpn546018039
9. Barshev V. Construction waste is becoming the epicenter of illegal landfills. How regions are fighting this // Rossiyskaya Gazeta (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://rg.ru/2024/04/19/strojmusor-stanovitsia-epicentrom-nelegalnyh-svalok-kak-s-etim-boriutsia-regiony.html?ysclid=m7cgl6c8nc920422035
10. Federal classification catalog of waste, approved by the order of Rosprirodnadzor dated May 22, 2017 No. 242 (Registered in the Ministry of Justice of Russia on June 8, 2017 No. 47008) // SPS ConsultantPlus
ADMINISTRATIVE LAW
KOVALISHINA Kseniya Viktorovna
magister student, Crimean branch, V. M. Lebedev Russian State University of Justice, Simferopol
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty, Crimean branch, V. M. Lebedev Russian State University of Justice, Simferopol
STRENGTHENING CONTROL (SUPERVISION) IN THE FIELD OF MIGRATION AS A WAY TO COUNTERACT MIGRATION OFFENSES
In the work, the author analyzes and explores the current problems in the field of migration, as well as problems arising in the implementation of activities to counteract migration offenses. The results of the study provided specific proposals for improving regulatory regulation in the designated area, as well as recommendations for the development of integration and adaptation programs for foreign citizens and stateless persons.
Keywords: migration legal relations, migration offenses, public liability, digitalization, control and supervisory activities.
Bibliographic list of articles
1. Kovalishina K. V. On the Need to Improve Public-Law Liability for Violation of Migration Legislation // Issues of Judicial Activity and Law Enforcement in Modern Conditions: A Collection of Articles Based 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, March 15, 2024. – Simferopol: Limited Liability Company “Arial Publishing House Printing House”, 2024. – P. 107-114.
2. Evsikova E. V., Kovalishina K. V. Administrative and Legal Foundations for Ensuring Migration Security of the Russian Federation: Modern Realities and Prospects // Education and Law. – 2024. – No. 7. – P. 29-33.
3. Lebedeva E. A. Counteracting the creation of places of mass residence of foreign citizens (“enclaves”) on the territory of the Russian Federation as a task of public authorities // Laws of Russia: experience, analysis, practice. – 2024. – No. 1. – P. 26-30.
4. Kiseleva N. G. Foreign experience in implementing state control (supervision) in the field of migration // Scientific portal of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (47). – P. 113-119.
5. Polyakova N. V., Zaporozhsky N. S. Control and supervisory activities in the field of migration and ways to improve it // Public safety, legality and law and order in the III millennium. – 2019. – No. 5-3. – P. 63-66.
6. Kovalishina K. V. The problem of ensuring the rights of migrants in modern conditions // Issues of development of the state and law: theory, history and practice: a collection of scientific articles based on the materials of the All-Russian scientific and practical conference, November 23, 2023. – Simferopol: Limited Liability Company “Publishing House Printing House” Arial “, 2024. – P. 287-297.
7. Trifonova K. V. Commissioner for Migration Issuesand as a human rights institution: principles of activity and analysis of foreign experience // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – 2020. – No. 4.
ADMINISTRATIVE LAW
MAYUROV Nikolay Petrovich
Ph.D. in Law, professor, professor, St. Petersburg University of Management Technologies and Economics, Honored Lawyer of the Russian Federation
ALEXEEV Pavel Vadimovich
postgraduate student, St. Petersburg University of Management Technologies and Economics
LEGAL STATUS OF PARTICIPANTS IN VOLUNTEER FORMATIONS TAKING PART IN A SPECIAL MILITARY OPERATION: PROBLEMS AND WAYS TO SOLVE THEM
The article examines the issue of the legal status of volunteer formations and their participants. A comprehensive analysis of the benefits provided and the mechanisms of their implementation for this social group have been carried out. The history of the development of the volunteer status and volunteer formations is considered. The existing gaps in the legal regulation of this issue have been identified and their solution has been proposed, as well as the further development of the legal regulation of volunteers and volunteer formations.
Keywords: social rights, social support, volunteer formations, volunteers, special military operation, the state, the Russian Federation.
Article bibliography
1. Antipyeva N. V. Social security of military personnel (problems of legal regulation): abstract of a dissertation for the degree of Doctor of Law. – St. Petersburg, 2010. – 45 p.
2. Borisevich S. P. Volunteer movement during the Great Patriotic War // Scientific education. – 2021. – No. 3 (12). – P. 21-25.
3. Bryksin I. I. Volunteer movement during the Great Patriotic War (based on the materials of the Yaroslavl region) // Scientific dialogue. – 2015. – No. 12 (48). – P. 241-249.
4. Koloshinskaya N. V. Problems of legal regulation of the organization and activities of extermination battalions in Leningrad (1941-1944) // Scientific notes of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy. – 2020. – No. 2 (74). – P. 112-114.
5. Koryakin V. M. Social guarantees provided to participants in a special military operation: textbook and workshop. – Moscow: Rusains, 2024. – 293 p.
6. Medvedev E. Soviet volunteer formations in the Great Patriotic War: historiography of the issue // Russian history. – 2022. – No. 3. – P. 146-153.
7. Volkov S. V. Russian officer corps. – Moscow: Voenizdat, 1993. – 367 p.: ill.; 22 cm
ADMINISTRATIVE LAW
SOSNOVSKIY Dmitriy Vladimirovich
magister student, Faculty of Law, M. V. Lomonosov Moscow State University
RIGHT TO INFORMATION AS A PART OF MEDICAL WORKERS LEGAL STATUS
In this article the author proposes to consider the right to information as an element of the legal status of a medical worker. It is proposed to outline the main aspects of the right to information in connection with the exercise by a medical worker of his professional duties. In addition, the author proposes to reform the provisions of the current legislation on the circulation of medicines in terms of expanding the legal means of medical workers to obtain information about a medicinal product.
Keywords: medical worker, right to information, medication, information, inquiry.
Article bibliography
1. Shabrov R. V. Changes in the Law “On the Circulation of Medicines” // Remedium. – 2014. – No. 3 (123). – P. 4-8.
2. Putilo N. V., Volkova N. S., Morozov A. N. [et al.]. Scientific and practical commentary on the agreement on uniform principles and rules for the circulation of medicines within the Eurasian Economic Union dated December 23, 2014 (article by article) / Ed. N. V. Putilo. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2016. – 96 p.
3. Volkov A. K., Ryzhkov A. A. The Impact of European Union Law on the Regulation of National Pharmaceutical Markets of Member States // Law. Journal of the Higher School of Economics. – 2013. – No. 2. – P. 116-133.
4. Osokin A. V. Protection of a Lawyer’s Right to Receive Information on a Lawyer’s Request: Theoretical and Practical Issues // Issues of Russian Justice. – 2020. – No. 9. – P. 1242-1270.
ADMINISTRATIVE LAW
BURLAKOVA Eva-Mariya Mikhaylovna
candidate of Ph.D. in Law, M. V. Lomonosov Moscow State University, Assistant to S. N. Kotkin, Deputy of the State Duma of the Russian Federation, for work in the State Duma on a voluntary basis
ADMINISTRATIVE-LEGAL FEATURES OF THE PUBLIC ADMINISTRATION SYSTEM IN THE FIELD OF SPORTS IN THE REPUBLIC OF INDIA
Topic. The article is devoted to the study of public administration system in the field of sports in India.
Objectives. Analysis of the administrative and legal aspects of the system and structure of public administration of sports in India. Identification of the aspects of the system of sports administration, the role of the state in sports administration.
Methodology. System analysis as well as content analysis of numerous domestic and foreign sources: scientific studies, normative legal acts of India, historical retrospective was applied.
Results. The system of public administration of sports in India and the stages of its formation are analyzed; the author’s scheme of the system of sports administration in India is given; the gaps in the system of sports administration and the lack of state participation in its administration are revealed.
Conclusions. The Indian state’s involvement in the governance of sport has been without active intervention, leading to problems such as lack of transparency, inequalities in access to sport infrastructure and others. The adoption of new legislative initiatives can play an important role in addressing these issues.
Keywords: sport, sports law, sports legislation, public administration in the field of sports, India.
Article bibliography
1. Bidyut Chakrabarty and Prakash Chand Kandpal. Public administration in India // Routledge. – 2025. – 431 p.
2. Deshpande B. Sports: Governing Bodies and Regulation in India [Sport: Governing Bodies and Regulation in India] // Electronic Sports Journal. – 2015. – Vol. III, No. 1-2. – P. 78-94.
3. Dr. Mitesh Kumar. Development of Physical Education and Sports in Britain and Post-Independence India // International Journal of Physiology, Nutrition and Physical Education. – 2018. – No. 3 (2). – P. 2298-2302. [Electronic resource]. – Access mode: https://www.journalofsports.com/pdf/2018/vol3issue2/PartZ/8-1-6-286.pdf
4. Kashuro O. A. Features of administrative and legal support and implementation of public administration in the field of sports in India: Dis. … Cand. of Law: 12.00.14 / RANEPA under the President of the Russian Federation. – M., 2017. – 192 p.
5. Kashuro O. A. Public Administration in the Sphere of Sports in India / Sports Law Commission of the Association of Lawyers of Russia; National Association of Sports Lawyers of the Russian Federation. – M.: Buki Vedi, 2017. – 147 p. (Series: “Current Problems of Sports Law”. Issue 23).
6. Mangaldas Cyril Amarchand. In the review: Sports Governance and Dispute Resolution in India. 2023. [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=37ea2e4e-17b4-4b92-9bc7-e853aa765ef1;
7. Government and Sports in the State of Kerala, India // Sports Management Journal. – 1993. – No. 7. – P. 256-262. – P. 256.
8. Ramachandran K. K. Case 12. Study of Marketing Opportunities and Results of Development of Less Popular Sports in India // Commercial Activity in Sports: Examples from International Practice / Ed. S. Chadwick and D. Arthur: Trans. from English by A. V. Samsonova / Russian International Olympic University. – M.: National Education, 2016. – 512 p. – P. 229-244. – P. 230.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, senior lecturer of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
MANAGEMENT OF STATE-OWNED ENTERPRISES AS A MECHANISM FOR IMPLEMENTING NATIONAL PLANNING IN NAMIBIA
Government planning is traditionally correlated with the command economy. However, in relation to Namibia, the study of this management method is complicated by the presence of a mixed economy. The Constitution of Namibia identifies 6 types of property, which also affects the study.
However, the relevance of this study is primarily due to the relatively new legislation on the management of state-owned enterprises and the relationship of the latter with national planning.
Keywords: mixed-type economy, public planning, public administration, Namibia, state-owned enterprises.
Article bibliography
1. Bangladesh journal of public administration. – Volume IX. – Number I and Number 11, 2000.
2. Planning in Market Economy by mir obaidur Rahman.
3. Public enterprise by. Dr. Usman Bappi Gombe State University, Gombe State, Nigeria.
4. Shmelev I. V. Legal regulation of state planning for the development of Namibia // Eurasian Law Journal. – 2025. – No. 1.
5. Unlocking Namibia’s economic growth and opportunities in 2023.
6. Posted by Guest Contributor / Feb 9, 2023 Namibia Economist.
7. [Electronic resource]. – Access mode: https://economist.com.na/76922/columns/unlocking-namibias-economic-growth-and-opportunities-in-2023/.
8. [Electronic resource]. – Access mode: https://mfpe.gov.na/documents/76368/1328924/Classification+of+Public+Enterprises.pdf/33653e3e-8676-a420-ff2b-080a2459add1?t=1669274755541.
9. Official website of the Ministry of Finance and State Enterprises. – [Electronic resource]. – Access mode: https://mpe.gov.na/home.
MUNICIPAL LAW
ARKHIREEVA Anastasiya Sergeevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty, I. T. Trubilin Kuban State Agrarian University
DAKHNO Elizaveta Evgenjevna
student of the 2nd course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
MUNICIPAL PROCUREMENT: PROBLEMS AND SOLUTIONS IN THE CONTEXT OF DIGITALIZATION OF PUBLIC AND MUNICIPAL ADMINISTRATION
This article will analyze the existing legislative norms governing the field of municipal procurement. This will help to identify how the current legislation meets modern requirements and challenges facing municipalities. The issue of how changes in legislation affect procurement practices and what problems arise as a result of regulatory deficiencies will also be considered.
Keywords: municipal procurement, municipal budget, municipal procurement procedure, municipal order, corruption risks, procurement processes.
Article bibliography
1. Arkhireeva A.S., Repyakh A. Municipal budget: problems and ways to increase its revenue and prevent tax offenses // Epomen. – 2021. – No. 55. – P. 290-295.
2. Budget Code of the Russian Federation of July 31, 1998 No. 145-FZ // SPS “Consultant Plus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19702/9c160b6289816821a2836c39ba92f3f4b06a2573/ (date of access: 13.01.2025).
3. Federal Law “On the contract system in the sphere of procurement of goods, works, services for meeting state and municipal needs”: dated 05.04.2013 No. 44-FZ // Collected Legislation of the Russian Federation. – 2013. – No. 49. – Art. 6078.
4. Korovina D. A., Gosteva V. P., Pavlov N. V. Influence of the effectiveness of the region’s financial policy on the economic security of the country (on the example of the Krasnodar Territory) // Trends in the development of science and education. – 2019. – No. 56-5. – P. 63-66.
5. Arkhireeva A. S., Seropole D. I. Procedure for the implementation of a municipal order // Epomen. – 2020. – No. 35. – P. 36-43.
6. Resolution of the Arbitration Court of the North Caucasus District dated April 2, 2024 No. F08-1880/2024 in case No. A32-51262/2022. [Electronic resource]. – Access mode: https://economy.krasnodar.ru/activity/kontrol-zakupok/obzory-administrativnoy-i-sudebnoy-praktiki-v-sfere-zakupok/344232.
7. Mironenko N. N., Pavlov N. V. Features of the implementation of municipal property management // Epomen. – 2022. – No. 69. – P. 212-219.
8. Dashin A. V., Pavlov N. V., Ochakovsky V. A. General theoretical issues of local government reform in the Russian Federation // Bulletin of the Chechen State University named after A. A. Kadyrov. – 2024. – No. 2 (54). – P. 126-134.
9. Leiba I. P., Pavlov N. V., Ochakovsky V. A. The budget of a municipality as a key element of the economic foundations of local self-government (municipal and legal aspect) // Humanitarian, socio-economic and social sciences. – 2019. – No. 7. – P. 94-97.
10. Avanesov G. E., Pavlov N. V. Local self-government as an element of public authority in the Russian Federation // Trends in the development of science and education. – 2024. – No. 109-7. – P. 14-16.
MUNICIPAL LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative law and administrative activities of internal affairs bodies sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
IGNATJEVA Irina Valentinovna
Ph.D. in economical sciences, associate professor, associate professor of General theoretical and state legal disciplines sub-faculty, East Siberian branch, Russian State University of Justice, Irkutsk
LEGAL REGULATION OF THE DEVELOPMENT OF MUNICIPAL ENTITIES AS A FACTOR IN ENSURING A DECENT LIFE FOR THE POPULATION OF MUNICIPAL ENTITIES
Modern legal regulation of municipal development in the Russian Federation is a multi-level system of regulations aimed at ensuring sustainable and comprehensive development of territories. This article examines key aspects of legal regulation that contribute to the effective management of municipalities and improve the quality of life of the population of the municipality. Particular attention is paid to issues of interaction between municipalities and government bodies at all levels.
Keywords: municipality, population, legislation, social welfare, legal regulation, local governments.
Article bibliography
1. Golovanova S. P., Borovaya E. O. Regulatory framework for the comprehensive socio-economic development of a municipality // Politics, Economics and Innovations. – 2019. – No. 3. – P. 25-29.
2. Dumbadze V. B. Sustainable economic development of municipalities: some problems of legal regulation // Modern law. – 2020. – No. 8. – P. 23-28.
3. Karasev A. T., Elkina A. V. Local government system in the Russian Federation: concept, structure // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 1. – P. 145-148.
4. Lyubaeva A. I. Normative and legal support of local self-government as an instrument of socio-economic development of a municipality // Northern region: science, education, culture. – 2015. – No. 1 (31). – P. 41-44.
5. Mezenina O. B., Shapovalov D. A. Development of territories of municipalities: goal, problems, proposals // Moscow Economic Journal. – 2019. – No. 3. – P. 17-25.
6. Yakovleva M. V. Legal regulation of socio-economic development of a municipality // Legal foundations for the formation and strengthening of Russian statehood: a collection of articles from the International scientific and practical conference. – 2018. – P. 93-95.
7. Yatsuk V. N. Normative-legal regulation of complex socio-economic development of a municipality // Young scientist. – 2023. – No. 47 (494). – P. 132-135.
MUNICIPAL LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty, Institute of Law, Samara State University of Economics
UNTEROV Vladimir Anatoljevich
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty, Faculty of Law, Samara Law Institute of the FPS of Russia
LEGAL REGULATION OF THE FINANCIAL AND ECONOMIC BASIS OF LOCAL SELF-GOVERNMENT: ISSUES AND PROSPECTS FOR IMPROVEMENT
The article discusses the current problems of local finance reform. The regulatory framework of local self-government is periodically adjusted, including in the field of finance and budget regulation. The purpose of the reforms and adjustments is to improve the efficiency and quality of financial resource management at the local level, focused on achieving specific, socially significant measurable results, in accordance with the development priorities of each municipality. For the effective and productive work of the municipal administration sector, a different level of budget management is needed. This will improve the quality of life of citizens, the attractiveness of investments in the region and the development of social infrastructure in general.
Keywords: local government, municipal formation, taxes and fees, legal mechanism, taxation, municipal budget, planning, forecasting, efficiency.
Bibliographic list of articles
1. The concept of increasing the efficiency of budget expenditures in 2019-2024: Order of the Government of the Russian Federation dated 31.01.2019 No. 117-r // Official Internet portal of legal information http://www.pravo.gov.ru (date of access: 07.02.2025)
2. Trykanova S. A. Comparative analysis of the experience of local government reforms abroad in the context of the efficiency of use in the Russian Federation // State power and local self-government. – 2016. – No. 1. – P. 45-49.
3. Pravdin D. G. Legal regulation of the interaction of representative and executive bodies in a municipality in the Russian Federation // Journal of Russian Law. – 2015. – No. 12. – P. 51-55.
4. Methodological recommendations for executive bodies of the constituent entities of the Russian Federation and local governments that contribute to increasing the revenue base of the budgets of the constituent entities of the Russian Federation and municipalities dated October 31, 2018. [Electronic resource] – Access mode: http://www. https://minfin.gov.ru/ru/document/?id_4=124941-metodicheskie_rekomendatsii_organam_ispolniteln (date of access: 02/07/2025).
5. Chikhladze L. T., Ganina O. Yu. Local government bodies in the unified system of public authority in Russia: issues of theory and history // RUDN Journal of Law. – 2021. – V. 25, No. 4. – P. 750-767.
6. Beresnevich V. V. Practice and modern directions of development of the organizational basis of local self-government. – Text: direct // Young scientist. – 2018. – No. 23 (209). – P. 62-66.
7. Zhidova Yu. V.Experience of formation of local self-government in the Russian Federation on the example of the municipality “Purovsky district”. – Text: direct // Young scientist. – 2014. – No. 20 (79). – P. 267-270.
COMMERCIAL LAW
BAGRETSOV Dmitriy Nikolaevich
Ph.D. in Philological Sciences, associate professor of Foreign languages sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
MATVEEV Evgeniy Viktorovich
Ph.D. in economical sciences, associate professor, V. F. Yakovlev Ural State Law University, Yekaterinburg
MODERN BRENDING: LEGAL AND COMMUNICATION ASPECTS OF THE PENOMENON
The article is devoted to the study of modern approaches to branding in the context of the dynamic interaction of legal norms and communication strategies. In today’s world, where the market is oversaturated and competition is reaching its peak, branding acts not just as a marketing tool, but as an essential phenomenon that determines the interaction between a company and a consumer. Modern branding rethinks traditional approaches and integrates new communication strategies, becoming a powerful tool for influence and recognition. It covers a wide range of aspects, ranging from visual perception to emotional interaction, which makes it a key element of any company’s strategic development.
Developing effective branding requires a deep understanding of the target audience and the ability to speak their language, creating strong and memorable messages. In the era of information saturation, it is important to build a communication strategy that.
Keywords: brand, branding, trademark, intellectual property, Supreme Court of the Russian Federation, judicial practice, marketing, communication, communication strategy.
Article bibliography
1. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part One: text with amendments and additions as of October 31, 2024: [Adopted by the State Duma on October 21, 1994: Approved by the Federation Council on November 14, 2001]. – Moscow: Rossiyskaya Gazeta, 1994. No. 238-239, December 8, 1994. – Text: direct.
2. Buldygin S.S. The concept of the industrial revolution: from its emergence to the present day // Bulletin of the Tomsk State University. un-ta. 2017. No. 420. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontseptsiya-promyshlennoy-revolyutsii-ot-poyavleniya-do-nashih-dney (date of access: 02/14/2025).
3. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part Two: text with amendments and additions as of 12/13/2024: [Adopted by the State Duma on December 22, 1995]. – Moscow: Rossiyskaya Gazeta, 1995. No. 23, 02/06/1996. – Text: direct.
4. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part Three: text with amendments and additions as of 31.10.2024: [Adopted by the State Duma on 1 November 2001: Approved by the Federation Council on 14 November 2001]. – Moscow: Rossiyskaya Gazeta. No. 233, 8.11.2001. – Text: direct.
5. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part Four: text with amendments and additions as of 22.07.2024: [Adopted by the State Duma on 24 November 2006: Approved by the Federation Council on 8 December 2006]. – Moscow: Rossiyskaya Gazeta, 2006. No. 289, 22.12.2006. – Text: direct.
6. Order of the Ministry of Economic Development of Russia dated September 29, 2016 No. 612 “On approval of Methodological recommendations for the design of multifunctional centers for the provision of state and municipal services using a single corporate style “My Documents”. Ministry of Economic Development of the Russian Federation: official website. [Electronic resource]. – Access mode: https://economy.gov.ru/ (date of access: 02/05/2025). – Text: electronic.
7. Resolution of the Presidium of the Intellectual Property Court dated April 15, 2015 No. S01-159 / 2015 in case No. SIP-265/2014. Intellectual Property Court of the Russian Federation: official website. [Electronic resource]. – Access mode: https://predprin.psu.ru/citat/vg/2023-sip.pdf (date of access: 05.02.2025). – Text: electronic.
8. Resolution of the Ninth Arbitration Court of June 11, 2009 No. 09 AP-8678/2009-AK. Ninth Arbitration Court: official website. [Electronic resource]. – Access mode: https://fas.gov.ru/files/26193/1_Slavanka.pdf (date of access: 05.02.2025). – Text: electronic.
9. Definition of the Supreme Court of the Russian Federation of January 11, 2023 No. 308-ES22-27844 in case No. A53-38634/2021. Supreme Court of the Russian Federation. Official website. [Electronic resource]. – Access mode: https://legicon.ru/wp-content/uploads/2023/12/A01-525.pdf (date accessed: 05.02.2025). – Text: electronic.
10. Ogilvy on Advertising / [Translated from English by A. Gostev and T. Novikova]. – Moscow: Eksmo Publishing House, 2003 (AOOT Tver. polygr. komb.). – 229p.: ill., port., color ill., port.; 27 cm; ISBN 5-699-02340-2 (in translation). [Electronic resource]. – Access mode: https://search.rsl.ru/ru/record/01002356039 (accessed: 02/05/2025). – Text: electronic.
11. Tolstyakov R. R., Nesterov D. A. Branding as a marketing tool for assessing and managing quality. eLIBRARY.RU: scientific electronic library: website. – Moscow, 2000. – [Electronic resource]. – Access mode: https://elibrary.ru (accessed: 02/05/2025) – Access mode: for registered users. // Socio-economic phenomena and processes. 2016. No. 11 P. 94-98. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?edn=xrnsun. – Text: electronic.
CIVIL LAW
ABDUJALILOV Abdujabar
Ph.D. in Law, associate professor, Head of the Department of Private Law, Institute of Philosophy, Political Science and Law, National Academy of Sciences of Tajikistan
THE PROBLEM OF THE LEGAL ENTITY ON THE INTERNET
The theoretical problems of the subject of civil law, despite being sufficiently fully studied, are becoming relevant again in modern jurisprudence in connection with the so-called “digitalization” of legal relations. The purpose of the proposed study is the problem of regulating relations on digital interaction of subjects in a special virtual environment of the Internet. This is due to the fact that time and modern technological progress, the core of which is the worldwide Internet communication network, make quite serious adjustments to the overall conceptual picture of the theory of the subject. An analysis of the development of the Internet and the virtual space created by it allowed us to obtain some primary conclusions about the nature of the legal regulation of the subject’s actions in such non-standard spaces, as well as the commission of legally significant actions in such spaces and the figure of the subject himself in this space.
Keywords: internet, virtual space, law, subject, quasi-subject, digitalization, doctrine
Bibliographic list of articles
1. Abdujalilov A. Theoretical problems of legal regulation of the Internet: civil legal aspects. – Dushanbe: “Er-Graf”, 2014. – 132 p.
2. Arkhipov S. I. Subjects of law: theoretical study. – SPb.: Legal Center Press, 2004.
3. Bakhteyev D. V. Artificial intelligence: ethical and legal foundations: monograph. – M.: Prospect, 2023.
4. Bratus S. N. Subjects of civil law. – M.: State Publishing House of Legal Literature, 1950.
5. Vasilevskaya L. Yu. et al. Digitalization of civil circulation: legal characteristics of “artificial intelligence” and “digital” subjects: monograph. – V. 3. – M.: Prospect, 2023. – P. 8.
6. Volos A. A. Transformation of the Theory of Principles of Civil Law in the Modern Conditions of Digitalization of Society. Monograph. – M.: Prospect, 2024. – P. 29.
7. Efimova L. G., Sizemova O. B. Legal Nature of a Smart Contract // Banking Law. – 2019. – No. 1. – P. 23-30.
8. Greshnikov I. I. Subjects of Civil Law. – SPb.: Legal Center Press, 2002.
9. Puchkov V. O. Civilistic Doctrine of the Digital Age. Methodological, Theoretical and Applied Problems. Monograph. – M.: Prospect, 2020. – P. 29.
10. Rahimzoda M. Z. Entrepreneurial entities: theory and legal regulation (in Tajik). Monograph. – Dushanbe, 2023. – P. 16.
CIVIL LAW
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law disciplines sub-faculty, S. A. Yesenin Ryazan State University
ANANJEVA Ekaterina Olegovna
Ph.D. in law, associate professor, associate professor of Civil law and process sub-faculty, Academy of the FPS of Russia
THE PRINCIPLE OF GOOD FAITH IN THE EXERCISE OF CIVIL RIGHTS AS A MEASURE OF EARLY PREVENTION OF CORRUPT CRIMINAL BEHAVIOR
The article is devoted to the study of the principle of good faith in the exercise of civil rights as an important measure of early prevention of corrupt behavior. In the context of modern realities, when corruption is becoming one of the main threats to law and order and the sustainable development of society, the principle of good faith is becoming particularly relevant. The article analyzes the main aspects of this principle, its impact on the formation of ethical norms and standards of behavior of citizens, as well as its role in law enforcement practice. It is considered how the introduction of the principle of good faith in legal mechanisms can contribute to reducing corruption, forming citizens’ responsibility and awareness of the consequences of their actions.
Keywords: the principle of good faith, corrupt behavior, exercise of civil rights, prevention.
Article bibliography
1. The concept of development of civil legislation of the Russian Federation: approved by the decision of the Council under the President of the Russian Federation for the codification and improvement of civil legislation dated October 7, 2009 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2009. – No. 11. – P. 6-99.
2. Nam K. V. The principle of good faith: development, system, problems of theory and practice. – 2nd ed., revised. and additional. – Moscow: M-Logos, 2023. – 388 p.
3. Vitryansky V. V. Civil Code and the Court // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 1997. – No. 7. – P. 128-134.
4. Sklovsky K. I. Application of the norms on good conscience in the civil law of Russia // Business and law. – 2002. – No. 9. – P. 67-81.
5. Novitsky I. B. The principle of good conscience in the draft law of obligations // Bulletin of civil law. – 2006. – No. 1. –P. 99-134.
6. Vasilevskaya L. Yu. Contract law of Russia: reform, problems and development trends: monograph. – M .: INFRA-M, 2016. – 192 p.
7. Ananyeva E. O. Application of the principle of good faith in private law // Scientific review. Legal sciences. – 2024. – No. 1. [Electronic resource]. —Access mode: https://science-legal.ru/article/view?id=1 (date of access: 01/29/2025).
CIVIL LAW
BOSYKH Andrey Igorevich
Ph.D. in Law, associate professor of Civil law sub-faculty, Law Faculty, A. A. Khmyrov, Kuban State University, Krasnodar
ISACHENKO Alexander Igorevich
magister student of the 3rd years of study, Law Faculty, A. A. Khmyrov, Kuban State University, Krasnodar
AFFILIATION IN BANKRUPTCY CASES: DEVELOPMENT AND TRENDS IN JUDICIAL AND ARBITRATION PRACTICE
The article analyzes the practice of applying the institution of affiliation in insolvency cases. Affiliation, both at the legislative and practical level, is considered as a state of connection, which, if there is a fact of bad faith, entails adverse consequences in a bankruptcy case within separate disputes. However, judicial practice is currently moving away from the strict framework of regulating affiliation and is gradually developing an approach to softening the legal status of affiliated persons. Taking into account the analyzed judicial and arbitration practice, we have identified current trends and main vectors of development of the institution of affiliation in legal relations of insolvency.
Keywords: affiliation, affiliated persons, bankruptcy, insolvency, subordination, judicial practice.
Article bibliography
1. Voronov F. A. Affiliation and its legal consequences in case of insolvency (bankruptcy): diss. … Cand. of Law: 5.1.3. – M., 2024.
2. Voronov F. A. Affiliation in insolvency (bankruptcy): concept, types, practice of application and foreign experience // Business and Law. – 2023. – No. 9.
3. Gabov A. V. Affiliation in insolvency (bankruptcy) cases // Civil law of the social state: collection of scientific articles. – M., 2020.
4. Egorov A. V. The impact of affiliation on bankruptcy // Civilistics. – 2021. – No. 2.
5. Zenin I. D. Problems of affiliation of an arbitration manager // Law and business. – 2024. – No. 1.
6. Tychinin S. V., Skopenko O. R. Affiliation of legal entities: reality and prospects // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (83).
7. Shitkina I. S. Identification and accounting of common economic interests of a group of companies (holding members) when concluding major transactions and transactions in which there is an interest // Law. – 2019. – No. 6.
CIVIL LAW
GRIB Vladimir Grigorjevich
Ph.D. in Law, professor, professor, Moscow University of Finance and Industry “Synergy”, Honored Lawyer of the Russian Federation
KUDRA Alexander Sergeevich
postgraduate student of State legal disciplines and digital law sub-faculty, Moscow University of Finance and Industry “Synergy”
COPYRIGHT AND MACHINE LEARNING: SEARCH FOR A LAWFUL FORMAT OF PROCESSING PROTECTED WORKS
This article examines the principal legal issues arising from the use of copyright-protected works in the context of machine learning and TDM (text and data mining). It discusses various potential approaches to regulating the relationship between AI developers and rightsholders – from requiring authors’ consent and establishing a special “free use” regime to implementing a compulsory license mechanism and collective rights management. The article concludes that a holistic and public-law-based approach is required to maintain a balance between innovation interests in the realm of neural networks and authors’ economic rights.
Keywords: machine learning, artificial intelligence, text and data mining, free use, intellectual property.
Article bibliography
1. Civil Code of the Russian Federation (part four) of 12/18/2006 No. 230-F3 (as amended on 06/13/2023) // Garant. – [Electronic resource]. – Access mode: https://base.garant.ru/10164072/7d7b9c31284350c257ca3649122f627b/ (access date: 12/11/2024).
2. European Parliament legislative resolution of 13 March 2024 on the proposal for a regulation of the European Parliament and of the Council on laying down harmonized rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts (C0M(2021)0206 – C9-0146/2021 – 2021/0106(C0D)). European Parliament, 2024. – [Electronic resource]. – Access mode: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0138_EN.pdf.
3. A pro-innovation approach to AI regulation Presented to Parliament by the Secretary of State for Science, Innovation and Technology by Command of His Majesty March 2023. – [Electronic resource]. – Access mode: https://www.gov.uk/government/publications/ai-regulation-a-pro-innovation-approach/white-paper#fn:70.
4. United States Copyright Act 1976. Chapter 1. Section 107 [US Copyright Act 1976. Chapter 1. Section 107]. – [Electronic resource]. – Access mode: https://www.copyright.goV/title17/92chap1.html#107.
5. GOST R 59895-2021. National standard of the Russian Federation. Artificial intelligence technologies in education. General provisions and terminology (approved and put into effect by Order of Rosstandart dated November 26, 2021 No. 1617-st) // SPS ConsultantPlus.
6. GOST R ISO/IEC 20546-2021. National standard of the Russian Federation. Information technology. Big data. Review and Dictionary. (approved and put into effect by Order of Rosstandart dated 13.07.2021 No. 632-st) // SPS ConsultantPlus.
7. Directive (EU) 2019/790/EU of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single.
8. Kuznetsova A. V., Senko O. V., Kuznetsova Yu. O. Overcoming the “black box” problem when using machine learning methods in medicine // Doctor and information technology. – 2018. – No. S1.
9. Tyunin M. V. The property of artificial intelligence to fit into the general system of legal regulation of intellectual property in the EAEU. – DOI 10.17323/tis.2021.13503. – EDN KIMIUB // Works on Intellectual Property. – 2021. – Vol. 39, No. 4. – P. 37-41.
10. Kukhno M. O. Artificial Intelligence – a New Subject of Copyright: Near Future or Fiction? // Journal of the Intellectual Property Court. – 2023. – No. 3 (41). – P. 72-86. – DOI: 10.58741/23134852_2023_3_8.
11. Afanasyeva E. N., Furman D. D. Legal Aspects of Processing Copyright Objects by Artificial Intellectual Systems in the Process of Machine Learning // Baikal Research Journal. – 2023. – № 4.
12. Christensen K. A European solution for Text and Data Mining in the development of creative Artificial Intelligence – With a specific focus on articles 3 and 4 of the Digital Single Market Directive. Stockholm IP Law Review. – 2021. – № 2. – P. 18-33.
13. Special project on artificial intelligence technologies. – [Electronic resource]. – Access mode: https://ai.mos.ru/about/ (accessed on: 16.11.2024).
14. Global Artificial Intelligence Market Size & Outlook. – [Electronic resource]. – Access mode: https://www.grandviewresearch.com/horizon/outlook/artificial-intelligence-market-size/global (accessed on: 16.11.2024).
15. Getty Images vs Stability AI. – [Electronic resource]. – Access mode: https://www.gtlaw.com.au/insights/getty-images-vs-stability-ai (date of access: 16.11.2024).
16. Authors sue Anthropic for copyright infringement over AI training. – [Electronic resource]. – Access mode: https://www.theguardian.com/technology/article/2024/aug/20/anthropic-ai-lawsuit-author.
17. Pulitzer-winning authors join OpenAI, Microsoft copyright lawsuit. – [Electronic resource]. – Access mode: https://www.reuters.com/legal/pulitzer-winning-authors-join-openai-microsoft-copyright-lawsuit-2023-12-20/?utm_source=se%D1%81uritylabru (accessed: 11/18/2024).
18. Andersen v. Stability AI Ltd., 23-cv-00201-WH0 (N.D. Cal. Oct. 30, 2023). – [Electronic resource]. – Access mode: https://casetext.com/case/andersen-v-stability-ai-ltd (access date: 12/24/2024).
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)
KIRIKOVA Tatyana Romanovna
student, St. Petersburg Institute (branch), All-Russian State University of Justice (RLA of the Ministry of justice of Russia)
HOUSING RIGHTS AND OBLIGATIONS OF A PERSON IN PLACES OF DEPRIVATION OF LIBERTY
The article analyzes the current housing and penal enforcement legislation regulating the housing rights and obligations of persons in places of deprivation of liberty. The relevance of the article is determined by the fact that the terminology used by the legislator, and subsequently by the law enforcement officer, does not take into account the specifics of each of the industries, the subjects of legal relations of which are persons in places of deprivation of liberty. As part of the analysis of current legislation and law enforcement practice, specific proposals have been formulated for making additions to existing sources of law. The content of the proud person’s legal status in terms of rights and obligations when living in a residential building, that is, the housing and legal status of the proud person, has been studied. The issues of protecting property rights and protecting other limited rights of a convicted person to residential premises for the period of their absence and inability to live in them have not been ignored. It seems that this issue is still open for further discussion.
Keywords: residential premises, convicted person, housing and legal status of convicted person, residential premises for convicted persons, mode of residence.
Article bibliography
1. Bannova E. P. Problems of implementing housing rights of persons sentenced to imprisonment // START in SCIENCE – 2022: collection of articles of the II International research competition: in 2 parts, Petrozavodsk, November 14, 2022. Volume Part 1. – Petrozavodsk: International Center for Scientific Partnership “New Science (IP Ivanovskaya I. I.), 2022. – P. 199-207.
2. Borchenko V. A. Features of the implementation of housing rights by persons serving a sentence of imprisonment // Bulletin of the Samara Law Institute. – 2017. – No. 4 (26). – P. 23-27.
3. Konovalchuk M. V. Implementation of housing rights by convicts // Actual problems of civil law and procedure: Materials of the All-Russian scientific and practical conference, Omsk, April 26, 2019 / Editors-in-chief: D. T. Karamanukyan, E. N. Malanina, E. F. Rashidov. – Omsk: Private educational institution of higher education “Siberian Law University”, 2019. – P. 99-103.
4. Mogushkov I. M. B. On the issue of legal regulation of housing rights of persons sentenced to imprisonment // Investigative activity: problems, their solutions, development prospects: materials of the III All-Russian youth scientific and practical conference, Moscow, November 25, 2019. – Moscow: Moscow Academy of the Investigative Committee of the Russian Federation, 2020. – P. 74-77.
5. Rashchupkina L. V. Legal regulation of the right to residential premises of persons serving sentences in penal institutions // State, law and society in the context of ensuring national security of the Russian Federation: Materials of the scientific and practical conference, Vladimir, October 27, 2022 / Editorial board: V. N. Bodyakov (chairman) [and others]. – Vladimir: Vladimir Law Institute of the Federal Penitentiary Service, 2022. – P. 195-199.
CIVIL LAW
IONTSEV Mikhail Anatoljevich
Head of the Legal Support Center for Digitalization in the Financial Market (as an Office) of the Legal Department of the Bank of Russia, associate professor of Legal support of market economy sub-faculty, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Ph.D., lecturer researcher, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Bank of Russia, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Moscow
LEGAL ASPECTS OF USING DIGITAL CURRENCY AS A MEANS OF PAYMENT AND INVESTMENT
The article provides an in-depth analysis of the current state of digital currency regulation at the international and national levels. With the rapid development of technologies and financial markets, digital currencies are becoming more relevant for both settlements and investment strategies. The author considers the main legal categories relating to digital currencies, including their classification, legal status and application in various jurisdictions. The main purpose of the article is to highlight the challenges and opportunities associated with the legal regulation of digital currencies, thereby contributing to the formation of a safer and more stable investment environment. In the context of the growing popularity and use of digital currencies, understanding their legal status and regulation becomes critical for both users and organizations wishing to use these currencies. The article is designedto highlight important aspects of this issue and provide recommendations that will help develop a safe and effective practice of using cryptocurrencies in various areas of the economy.
Keywords: digital currencies, distributed register, currency, means of payment, investments.
Article bibliography
1. Borisov A. M., Skoryatin D. K. Cryptocurrency relations and the development of digital technologies for the circulation 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. Dep. of Scientific Cooperation; ed. V. I. Gerasimov. M., 2021. Part 2. Pp. 161-167.
2. Golubev S. A. Transition Point. Russia 1917-1923 (Historical Chronicles). M.: RAEN, 2007. Pp. 11.
3. Efimova L. G. Improving the Theory of Monetary Obligations in the Era of the Digital Economy // Law and Digital Economy. 2022. No. 3. Pp. 33-42.
4. Carro D., Juillard P. International Economic Law / Scientific ed. V. M. Shumilov. M., 2002. Pp. 332-333.
5. Lindert P. H. Economics of World Economic Relations / Trans. from English; General ed. and foreword by O. V. Ivanova. M.: Progress, 1992. Page 473.
6. Lunts L. A. Money and monetary obligations in civil law. M.: Statut, 1999. 352 p.
7. Rozhdestvenskaya T. E., Guznov A. G., Efimova L. G. Private banking law: textbook. M.: Prospect Publishing House, 2020. Page 117.
8. Samuelson P. A., Nordhaus V. D. Economics. M.: Binom, 1997. Page 783.
9. 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.
10. Alvarez F., Argente D., Van Patten D. Are cryptocurrencies currencies? Bitcoin as legal tender in El Salvador // Science. 2023. T. 382, No. 6677. P. 28-44.
11. Chaiwut W. The Growth of Cryptocurrency Investments under Thai Government through Legal Measures // International Investment Law Journal. 2023. T. 3, No. 2. P. 167-173.
12. Daniel J. M. Crypto-monnaies: leurs fonctions, leurs dangers // Ramses 2019. Institut français des relations internationales, 2018. P. 284-287.
13. Schopper A., Raschner P. Privat-und aufsichtsrechtliche Rahmenbedingungen für Krypto-Banking // BankArchiv. 2022. T. 70, No. 4. P. 262-277.
14. Dniprov O. et al. Legal status of cryptocurrency as electronic money // J. Legal Ethical & Regul. Isses. 2019. T. 22. P. 1.
15. Dang T. T. Current situation of cryptocurrency in Vietnam // Asian Journal of Business Environment. 2019. T. 9, No. 4. P. 29-34.
16. Elkahwagy A. Criminal Law (Egypt) // Yearbook of Islamic and Middle Eastern Law Online. 2022. T. 21, No. 1. P. 93-98.
17. Irma D. et al. The future of cryptocurrency legality in Indonesia // Journal of Economics and Business Letters. 2021. T. 1, No. 1. P. 20-23.
18. Riley J. et al. The current status of cryptocurrency regulation in China and its effect around the world // China and WTO Review. 2021. Vol. 7, No. 1. Pp. 135-152.
19. Lisitsa V. N. Legal regulation of investment relations: theory, legislation and practice of application: Abstract of author’s diss. … doctor of legal sciences. Novosibirsk, 2010. P. 11, 24.
CIVIL LAW
KOZHOKAR Andrey Petrovich
Head of the Secretariat of the Chairman of the Twelfth Arbitration Court of Appeal
THE GENESIS AND EVOLUTION OF THE LEGAL REGULATION OF NOTARY CONTROL
The article is devoted to the analysis of the genesis and evolution of legal control over the actions of limited liability companies and their participants. The article notes that the introduction of mandatory notarial control caused mixed reviews at the time, as representatives of both the business and the legal community believed that it would increase the financial burden on limited liability companies. However, to date, the argument against the notarial form of the transaction, based on the fact that notarization requires money and, therefore, is an additional financial burden on the business, has lost its relevance. The article discusses the main stages of the legal regulation of notary control. It is noted that the lack of notarial control in corporate legal relations leads to significant property losses for their participants and the national economy as a whole, as well as to the vulnerability of state interests in this area.
Keywords: notary control, limited liability company, legal regulation, members of the company, public legal control.
Bibliographic list of articles
1. Brodsky A. A. Transactions with shares in LLC: price of disposal // Law. – 2023. – No. 2. – P. 145.
2. Ilyushina M. N. Theoriesical and practical problems of transactions aimed at the alienation of shares in the authorized capital of limited liability companies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2009. – No. 6. – P. 125.
3. Ilyushina M. N. Transactions aimed at the alienation of shares in the authorized capital of LLC: new in legal regulation // Laws of Russia: experience, analysis, practice. – 2009. – No. 6. – P. 117.
4. Ladygina V. P. The concept of notarial control over the activities of limited liability companies // Theoretical and applied prospects for legal support of economic development: materials of the International round table (Minsk, October 21, 2022). – Mn.: Publishing house of the Belarusian state. University, 2022. – P. 194.
5. Laptev V. A. Corporate law: legal organization of corporate systems: monograph. – M.: Prospect, 2020. – P. 247.
6. Mogilevsky S. D. Limited Liability Company: legislation and practice of its application. – M.: Statut, 2010. – P. 201.
7. Novoselova L. A. New provisions of the legislation on LLC: reasons for changes and consequences // Business and Law. – 2009. – No. 3. – P. 16.
8. Salnikova L. Transactions for the alienation of shares in LLC: is notarization always necessary // Financial newspaper. Regional issue. – 2010. – No. 25. – P. 3.
9. Soloviev I. Ensuring the reliability of information received by the Unified State Register of Legal Entities // Tax Bulletin. – 2015. – No. 10. – P. 10.
10. Tikhomirov M. Yu. Transactions and other grounds for the transfer of shares in the authorized capital of a company // Legislation and Economics. – 2010. – No. 7. – P. 36-59.
CIVIL LAW
MIGACHEVA Anna Yurjevna
Ph.D. in Law, associate professor of Civil law sub-faculty, Kuban State University, Krasnodar
PARASKEVOVA Svetlana Andreevna
Ph.D. in Law, professor
CONDITIONS FOR THE APPLICATION OF THE CONSEQUENCES OF DEVIATION FROM QUALITY REQUIREMENTS IN THE CONTRACT OF SALE OF REAL ESTATE, DEVELOPED BY JUDICIAL PRACTICE
The article examines the conditions developed by judicial practice for the application of the consequences of the transfer of real estate of inadequate quality under a contract of sale stipulated in civil legislation. The author states that the special social status of real estate, combined with the dispositive-imperative approach to determining the quality of goods established by the Civil Code of the Russian Federation, has led to the formation of a well-established practice in disputes over the improper quality of real estate in the contract of sale. When considering disputes, courts attach crucial importance to the moment when deficiencies arise, the good faith and prudence of the parties to the contract, and the nature of the deficiencies.
Keywords: contract, purchase and sale agreement, real estate, quality, obvious flaws, hidden flaws, significant flaws.
CIVIL LAW
PEVTSOVA Irina Evgenjevna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty, Far Eastern branch, Russian State University of Justice, Khabarovsk
PARFENOV Lev Alexeevich
student of the 4th course, Institute of Law, Far Eastern branch, Russian State University of Justice, Khabarovsk
THE FORMATION AND DEVELOPMENT OF ARTIFICIAL INTELLIGENCE: CERTAIN ASPECTS OF LEGAL REGULATION
Based on a number of general scientific methods, taking into account changing specific historical conditions, the article examines the genesis of the development of artificial intelligence technology. The contribution of outstanding foreign and Russian scientists to the development of digital reality is noted. The emphasis is placed on the need for clear legal regulation of the use of artificial intelligence, since today, basically, only program documents have been developed that do not allow taking into account all the threats of its implementation and ensuring sufficient legal protection of the interests of the state and society.
Keywords: artificial intelligence technologies, Internet, legal regulation, digitalization, algorithmic language.
Bibliographic list of articles
1. Wiener N. Cybernetics: Or Control and Communication in the Animal and the Machine. – Paris: Hermann &Cie; Cambridge (MA): MIT Press, 1948. – 229 p.
2. Turing A. Computing machinery and intelligence // Mind. – 1950. – Vol. 59. – Pp. 433-460.
3. Newell A., Shaw J. C., Simon H. A. Report on a general problem-solving program // Proceedings of the International Conference on Information Processing. – USA, 1959. – pp. 256-264.
4. Maslov, S. Yu. Inverse method for establishing derivability in classical predicate calculus // DAN SSSR. – 1964. – Vol. 159, No. 1. – pp. 17-20.
5. Turchin V. F. Algorithmic language of recursive functions (Refal). – M.: Publishing house of the Institute of Problems of Mathematics of the USSR Academy of Sciences, 1968.
6. Kitov A. I. Electronic digital machines. – M.: Soviet radio, 1956. – 358 p.
7. Kitov A. I. Electronic digital machines (in Chinese). – Beijing, 1958. – 261 p.
8. Entiny M. L., Entina E. G., Tnelm N. I. Ch. 3-1. Challenge to the fundamental values of human civilization from artificial intelligence systems // In search of partnerships – X: Russia and the European Union in 2020 – the first half of 2021: Scientific monograph. – M.: Galaktika, Publishing House “Zebra E”, 2021. – P. 255.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
THE LEGAL BASIS FOR LICENSING MEDICAL ACTIVITIES IN THE FIELD OF PLASTIC SURGERY
The article discusses the features of the legal regulation of licensing medical activities in the field of plastic surgery. The analysis of the licensing requirements for the applicant to obtain a license is carried out. It is noted that Roszdravnadzor employees can check the compliance of the clinic’s activities with licensing requirements. It is concluded that there is no unified system of licensing requirements in Russia. Proposals have been made to normalize mandatory requirements for license applicants and clinics for each type of work (services) forming a medical activity for specific types of medical activities, as well as to publish official explanations from Roszdravnadzor regarding the concepts and approaches to the organization and implementation by medical clinics of the VKKBMD.
Keywords: license, licensing, medical clinic, requirements, medical activity.
Article bibliography
1. Ershova I. V. Licensing of medical and pharmaceutical activities: legal norms, doctrine, judicial practice // Bulletin of the O. E. Kutafin University. – 2015. – No. 1. – P. 128-141.
2. Zhukova N. A., Vorobyova V. I. Problems of legal regulation of licensing of medical activities // Scientific almanac. – 2020. – No. 1-2 (63).
3. Idrisov H. V. Licensing in the field of providing medical services and implementing pharmaceutical activities in Russia: regulatory framework, law enforcement and legal liability // Bulletin of the Saratov State Law Academy. – 2021. – No. 2 (139).
4. Mograbyan A. S. Actual problems in the field of providing cosmetology services: private law aspect // Lex Russica. – 2018. – No. 10 (143).
5. Nikolaev D. S. Current issues of legal regulation of licensing requirements in the field of medical activity // Issues of Russian and international law. – 2022. – Vol. 12, No. 3A.
6. Rasayeva H. A. Legal aspects of licensing the activities of medical organizations // Issues of modern jurisprudence. – 2013. – No. 28.
7. Romanovsky G. B. The right to carry out medical activities // Chief physician. – 2018. – No. 11.
8. Starchikov M. Yu. Legal regulation of licensing of medical activities: problematic issues of law enforcement and judicial practice. [Electronic resource]. – Access mode: Access from the legal reference system “ConsultantPlus”.
CIVIL LAW
ASTAKHOV Pavel Olegovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PROBLEMS OF DIGITAL DISPUTE RESOLUTION AT THE EXAMPLE OF SOME RECENT CASE LAW OF COURTS OF ENGLAND
The article considers the latest approaches of the English courts (selected court decisions of 2023 and 2024) to the regulation of digital disputes, in particular, the problems of arbitration of such disputes in the light of consumer protection, fiduciary of cryptocurrency developers in relation to its obligations owners, the degree of legal control of a cryptocurrency exchange over the cryptoassets placed on it, the legal nature of a cryptoasset, civil law mechanisms of compensation for losses in connection with the loss of cryptoassets. The relevance of the article is due to the dynamic development of the digital asset market and the need to search for legal methods of its regulation, taking into account the fact that currently the English jurisdiction is one of the most progressive in the world on this issue.
Keywords: digital disputes, Court of Appeal (England and Wales), High Court (England and Wales), digital asset (cryptoasset), bitcoin, Tether (USDT), token, crypto exchange, fiduciary duties, (digital) wallet, arbitration, JAMS, consumer rights.
Article bibliographic list
1. Rusakova E. P., Frolova E. E. On the effectiveness of resolving digital disputes through arbitration in England and Wales // State and Law. – 2024. – No. 1. – P. 179-187.
2. Frolova E. E., Berman A. M. Methods of expression of the will of the parties in the context of digital transformation: current trends in law enforcement // Law. Journal of the Higher School of Economics. – 2024. – No. 3. – P. 57-83.
3. Cryptoassets Task Force: Final Report (in English) [electronic resource]. – [Electronic resource]. – Access mode: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/752070/cryptoassets_taskforce_final_report_final_web.pdf.
4. Digital assets: consultation review (in English). [Electronic resource]. – Access mode: https://s3-eu-west-2.amazonaws.com/cloud-platform-e218f50a4812967ba1215eaecede923f/uploads/sites/30/2022/07/Digital-Assets-Consultation-Paper-Law-Commission-1.pdf.
5. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // RUDN Journal of Law. – 2022. – Vol. 26, No. 3. – P. 695-704.
CIVIL LAW
BASKIN Daniil Yurjevich
postgraduate student, Moscow University for Industry and Finance “Synergy”
THE CONCEPT AND CLASSIFICATION OF OBJECTS OF CIVIL RIGHTS: THEORY AND PRACTICE OF LEGAL REGULATION
The article presents a comparative description of the objects of civil law relations in different countries (Russia, Japan, Germany and France) and an expanded classification of objects of civil law, which consists in their division into separate groups according to various criteria. In addition, the most discussed civil lawsuits in the world practice were considered. As a result of the study of the legislation of the previously mentioned countries, the following features were clarified: in Japan, food products are singled out as a special object of civil law relations; in Germany, a separate category is represented by consumables; in France, large objects are allocated in the immovable property section; in Russia, conditionally movable objects, such as aircraft, are classified as immovable property. It is noteworthy that the division of objects of civil law into movable and immovable property is the most universal in various legal systems and at the same time rather ambiguous in terms of internal content. Using the example of three cases from different countries, the practice of legal regulation of civil relations is considered. During these trials, regardless of whether decisions were made in favor of the plaintiff’s side or the defendant’s side, the changes that were made to the workflow are described.
Keywords: civil law, object of law, classification of objects of civil law.
Article bibliography
1. What is Civil Law? Origin, historical development, and key features // Maroonpaper. [Electronic resource]. – Access mode: https://maroonpaper.com/civil-law-origin-and-historical-development/.
2. Civil Code of the Russian Federation (part one) dated 30.11.1994 No. 51-FZ (as amended on 08.08.2024, with amendments and additions, entered into force on 31.10.2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Civil Code (Part I, Part II and Part III) Act No. 89 of April 27, 1896. [Electronic resource]. – Access mode: http://childlawinternational.org/wp-content/uploads/2020/08/Civil-Code-Part-I-II-III.pdf.
4. German Civil Code (BGB) German law on 2 January 2002 (Last Updated on July 2, 2021). [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html.
5. French Civil Code version in force on 05 March 2025. [Electronic resource].
6. Classification of things in civil law: divisible and indivisible, immovable and movable things. Things as objects of civil rights // TostPost.com. [Electronic resource]. – Access mode: https://tostpost.com/the-law/29392-classification-of-things-in-civil-law-divisible-and-indivisible-immova.html.
7. Civil law lecture 7 objects of civil // Present5. [Electronic resource]. – Access mode: https://present5.com/civil-law-lecture-7-objects-of-civil/.
8. The designated objects of civil rights // TostPost.com. [Electronic resource]. – Access mode: https://tostpost.com/education/30605-the-designated-objects-of-civil-rights.html.
9. Civil Law // Legal Dictionary. [Electronic resource]. – Access mode: https://legaldictionary.net/civil-law/.
10. Of the world’s most ridiculous lawsuits // Listverse. [Electronic resource]. – Access mode: https://listverse.com/2017/11/25/10-of-the-worlds-most-ridiculous-lawsuits/.
11. BMW driver death sees takata recall 1.4 million air bags // Bloomberg. [Electronic resource]. – Access mode: https://www.bloomberg.com/news/articles/2019-12-04/deadly-air-bag-maker-takata-spurs-another-1-4-million-car-recall.
CIVIL LAW
DILINAER
postgraduate student of Civil law and process and private international law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
DISPUTE RESOLUTION OF SMART CONTRACTS
This study focuses on the best smart contract dispute resolution mechanism for resolving current smart contract disputes. By studying several existing smart contract dispute resolution methods, this paper concludes that disputes arising from smart contracts are very different from those previously handled by courts and arbitration organizations. Due to features such as decentralization and anonymity, traditional dispute resolution methods such as litigation and arbitration are no longer suitable for resolving smart contract disputes. Dispute resolution for on-chain smart contracts seems to be more conducive to maintaining the original characteristics of smart contracts, but the possibility of manipulation still exists. Finally, the authors propose new ideas for resolving smart contract disputes.
Keywords: Smart Contracts, Disputes, Blockchain, Arbitration, ADR.
Article bibliography
1. Song Yunting, Shen Chao. Intervention of the law: judicial remedies for disputes over smart contracts // Journal of Beijing University of Aeronautics and Astronautics. – 2023. – No. 36 (6). – P. 70-79.
2. Mitrofanov N. V. Advantages and disadvantages of digitalization of civil, administrative and arbitration proceedings // Actual problems of state and law. – 2022. – No. 24.
3. Sinitsyn S. A., Dyakonova M. O., Chursina T. I. Smart contracts in the digital economy: contractual regulation and dispute resolution // Digital law. – 2021. – Vol. 2, No. 4. – P. 40-50.
4. Xia Qingfeng Analysis of the legal nature of smart contracts // Eastern law. – 2022. – No. 6. – P. 33-43.
5. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // Bulletin of RUDN University. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/digital-disputes-in-the-new-legal-reality (date accessed: 07/05/2024).
6. Frolova E. E., Kupchina E. V. Digital tools for protecting intellectual property rights: on the example of blockchain and artificial intelligence // Bulletin of Perm University. – 2023. – No. 3 (70)..
7. Kamalyan V. M. Technological and legal aspects of a smart contract // Bulletin of O. E. Kutafin University (MSAL). – 2020. – No. 8 (72). – P. 144-157.
8. Zainutdinova E. V. Models of legal regulation of a smart contract: general and special // Law. Journal of the Higher School of Economics. – 2021. – No. 3. – P. 126-147.
9. Schmitz, Amy and Colin Rule. “Online dispute resolution for smart contracts”. J. Disp. Resol. (2019): 103.
10. Rusakova E. P. The KLEROS Court: Is It a Revolution in the Dispute Resolution Process? // Gaps in Russian Legislation. – 2022. – Vol. 15, No. 5. – P. 278-281.
11. Kuznetsov M. O. The Future of Smart Contracts in Civil Circulation. Trends and Forecasts // Student Bulletin. – 2023. – No. 19, 6 (258). – P. 56-60.
12. Zhang S.K., Tian Y. Application of Artificial Intelligence in Commercial Arbitration: Value, Dilemma // Journal of Shanghai University of Finance and Economics. – 2024. – No. 26 (2). – P. 122-134.
13. Karen Yang, Lin Shaowei. Blockchain Regulation: The Debate between “Law” and “Self-Regulation” // Eastern Law Journal. – 2019. – No. 3. – P. 121-136.
14. De En Goh, G. R. Smart contract disputes and public policy in the ASEAN+ 6 region // Digital Law Journal. – 2022. – No. 3 (4). – P. 32-70.
CIVIL LAW
ZAGNETIN Vladimir Nikolaevich
postgraduate student, Saint Petersburg State University
GENESIS AND DEVELOPMENT OF THE THEORY OF MAIN AND SECONDARY (NON-MAIN) PROCEEDINGS IN CROSS-BORDER INSOLVENCY
The article studies the normative fixation of cross-border bankruptcy in general and modified universalism in particular. The author gives a historical excursion, giving examples of bilateral agreements concluded in the Middle Ages and Modern times, which are known to us. A list of international treaties concluded in the late 19th and early 20th centuries is given. Focusing on the UNCITRAL Model Law on Cross-Border Insolvency and the Regulation (EU) 2015/848 of the European Parliament and of the Council of 05/20/2015 on insolvency proceedings (recast), the author analyzes the history of their adoption. The reasons for the adoption of the UNCITRAL Model Law on Cross-Border Insolvency are analyzed, as well as what stages this act had to pass through. The author analyzes the Convention on Insolvency Proceedings of 23.11.1995 as a failed precursor to Regulation (EU) 2015/848 of the European Parliament and of the Council of 20.05.2015, which never entered into force. A brief list of differences between the UNCITRAL Model Law on Cross-Border Insolvency and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20.05.2015 is summarized.
Keywords: cross-border bankruptcy, cross-border insolvency, UNCITRAL.
Article bibliography
1. Anufrieva L. P. International private law: In 3 volumes. Volume 3. Cross-border bankruptcies. International commercial arbitration. International civil procedure: Textbook. – M .: BEK Publishing House, 2001.
2. Bankruptcy of business entities: textbook for bachelors / Responsible. ed. I. V. Ershova, E. E. Enkova. – M.: Prospect. 2016.
3. Getman-Pavlova I. V. International private law: textbook for masters / 4th ed., revised. and additional. – M.: Yurait Publishing House. 2013.
4. Mokhova E. V. Cross-border insolvency (bankruptcy) // Insolvency (bankruptcy): training course. T. 2. / Ed. Karelina S. A. – M .: Statut, 2019.
5. Sobina L. Yu. Recognition of foreign bankruptcies in international private law. – M .: Statut, 2012.
6. Nadelmann K. H. Bankruptcy Treaties // University of Pennsylvania Law Review and American Law Register. – 1944. – No. 93 (1).
7. Pottow J. A. E. A New Role for Secondary Proceedings in International Bankruptcies // University of Michigan Law School Scholarship Repository. – 2011. – No. 3.
CIVIL LAW
KUZMIN Anton Vlasovich
postgraduate student of Civil law and process and international private law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE SECURITY NATURE OF SMART CONTRACTS
The article considers the possibility of qualifying smart contract technology as a security transaction. The analysis of the concept of methods for ensuring the fulfillment of obligations and their inherent characteristics is carried out through the prism of a smart contract. The author of the article concludes that the methods for ensuring the fulfillment of obligations named in the law can be expressed through a smart contract. It is also established that the execution of a smart contract based on distributed ledger technology (blockchain) and the automated execution of its terms makes it possible to classify a smart contract as an unnamed security transaction.
Keywords: smart contract, blockchain, security transaction, automated execution.
Article bibliography
1. Dyadkin D.S., Usoltsev Yu.M., Usoltseva N.A. Smart contracts in Russia: prospects for legislative regulation // Universum: economics and jurisprudence. 2018. No. 5. P. 17-20.
2. Bogdanova E. E. Problems of applying smart contracts in transactions with virtual property // Lex russica. 2019. No. 7. P. 108-118.
3. Gongalo B. M. The doctrine of securing obligations. Theoretical and practical issues. Moscow: Statut, 2016. P. 40.
4. Latyntsev A. V. System of methods for ensuring the fulfillment of contractual obligations: Diss. … Cand. of Law. Moscow, 2002. P. 100.
5. Zakharkina A. V. Smart contract in the context of the formation of a regulatory platform for the ecosystem of the digital economy of the Russian Federation // Bulletin of Perm University. Legal sciences. 2020. No. 1. P. 66-82.
CIVIL LAW
MAVLYANOVA Ekaterina Nurjevna
postgraduate student, Institute of Law, Russian University of Transport (MIIT)
ANALYSIS OF THE REGULATORY FRAMEWORK IN THE FIELD OF OIL TRANSPORTATION BY PIPELINE IN THE RUSSIAN FEDERATION
This article examines the current system of legal regulation in the Russian Federation in the field of the oil industry and oil transportation. The importance of the field of activity under consideration, noted in the article, determines the relevance of addressing problematic issues in this area. A large number of regulatory legal acts at different levels of legal authority require a clear understanding of how they are applied and how they interact with each other when building legal relations. The author of the article provides a list of the main regulatory legal acts that build a system of law and legal norms in the field of oil transportation by pipeline in the Russian Federation. The theses deduced as a result of the author’s analysis reveal unresolved legal issues, which is the basis for further study of this topic. The author of the article emphasizes the need for systematization, optimization and refinement of the existing regulatory legal framework.
Keywords: regulatory legal acts, regulatory legal framework, legal regulators, legal relations, oil, petroleum products, pipeline transport.
Bibliographic list of articles
05.2015, which never entered into force. A brief list of differences between the UNCITRAL Model Law on Cross-Border Insolvency and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20.05.2015 is summarized.
Keywords: cross-border bankruptcy, cross-border insolvency, UNCITRAL.
Article bibliography
1. Constitution of the Russian Federation // Official publication. – M.: Legal Literature, 2023.
2. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. – 1994. – No. 32. – Art. 3301.
3. Civil Law: textbook. Part two // edited by A. P. Sergeev, Yu. K. Tolstoy. – M.: Prospect, 2001.
4. Sitnikov S. L. Civil regulation of oil transportation through the oil pipeline system. Actual problems of the relationship between property-law and legal-obligatory relations. – M., 2007.
5. Korepanov K. V. Legal regulation of oil and gas transportation through main pipelines. – M., 2016.
CIVIL LAW
MUBINOV Denis Dimovich
postgraduate student, Faculty of Law, University of Management “TISBI”, Kazan
PROTECTION OF THE INTERESTS OF THE SPOUSE IN THE REALIZATION OF THE DEBTOR’S DAMAGE DURING THE PROCEDURES APPLIED IN THE BANKRUPTCY CASE
This article analyzes the legal aspects of bankruptcy of citizens who are in a registered marriage, as well as the impact of joint obligations of spouses on the process of formation and distribution of bankruptcy estate. Statistical data confirming the increase in the number of bankruptcies among citizens in 2023-2024 are being considered, which is due to the high level of creditworthiness of the population and an increase in the key interest rate. Special attention is paid to the analysis of judicial practice, including the legal regulation of the general obligations of spouses, the procedure for their satisfaction and the distribution of property in the bankruptcy procedure. The existing legal discourse on the presumption of the individuality of debts, established by judicial acts, in contrast to approaches involving the common property obligations of spouses, is investigated. Special attention is paid to the problem of distributing the burden of proving that obligations belong to the common debts of spouses, as well as legal mechanisms for protecting the interests of the second spouse, who is not a debtor.
Keywords: bankruptcy of citizens, bankruptcy estate, obligations of spouses, creditors, judicial practice, protection of property rights.
Article bibliography
1. Federal Law of 26.10.2002 No. 127-FZ “On Insolvency (Bankruptcy)” // Collection of Legislation of the Russian Federation – 2002. – No. 43. – Art. 4190.
2. Review of judicial practice of the Supreme Court of the Russian Federation. – 2020. – No. 3. (approved by the Presidium of the Supreme Court of the Russian Federation on November 25, 2020) // Official website of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/practice/34051/ (date of access: November 12, 2024).
3. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Supreme Court No. 306-ES19-22343 in case No. A65-40314/2018// The document was not published. SPS ConsultantPlus.
4. Resolution of the Thirteenth Arbitration Court of Appeal dated 03.04.2023 No. 13AP-1412/2023 in case No. A56-90959/2016 // Arbitration Case File. [Electronic resource]. – Access mode: https://kad.arbitr.ru/
5. Osmanova D. A. Abuse in insolvency (bankruptcy). Abstract of the dissertation for the degree of candidate of legal sciences. – Moscow, 2018. – P. 9.
6. Radionov N. S. Procedure and problems of settlement with a creditor for the common debt of spouses // Legal Bulletin. – 2023. – No. 4. – P. 167-177.
7. Unified Federal Register of Legally Significant Information on the Activities of Legal Entities, Individual Entrepreneurs and Other Economic Entities (Fedresurs). [Electronic resource]. – Access mode: https://fedresurs.ru/news/bdb9dfec-df64-4207-b713-4bd7133f172a (accessed: 01.10.2024).
8. Official website of the Central Bank of the Russian Federation. [Electronic resource]. – Access mode: https://cbr.ru/press/event/?id=17161 (accessed: 30.11.2024).
CIVIL LAW
NIKIENKO Konstantin Gennadjevich
postgraduate student of Civil and business law sub-faculty, Moscow University for the Humanities
CURRENT ISSUES OF IMPROVING THE LEGISLATION IN THE SPHERE OF MIGRATION OF THE RUSSIAN FEDERATION
This article discusses the main problems of legal regulation in the migration policy of the Russian Federation. The factors influencing the persistence of illegal migration are highlighted. The concepts of “migrant” and “external labor migration” have been clarified. Based on the analysis of regulatory legal acts in the field of migration policy, it is concluded that there is no legislative consolidation of the term “illegal migration” and its author’s interpretation is given. The main problems of regulating labor migration are highlighted. Insufficient effectiveness of interdepartmental cooperation is highlighted as one of the significant problems of legal regulation of migration policy in the Russian Federation. An assessment of the development of current legislation in the field of migration policy is given and a number of proposals aimed at its further improvement are formulated.
Keywords: migration, migrant, labor migration, illegal migration, migration policy.
Article bibliography
1. Federal Law of 25.07.2002 No. 115-FZ (as amended on 09.11.2024) “On the legal status of foreign citizens in the Russian Federation” (as amended and supplemented, entered into force on 01.01.2025) // Collection of Legislation of the Russian Federation. 2002. No. 30. Art. 3032.
2. Federal Law of 02.03.2007 No. 25-FZ (as amended on 30.09.2024) “On Municipal Service in the Russian Federation” // Collected Legislation of the Russian Federation. 2007. No. 10. Art. 1152.
3. Federal Law of 29.12.2022 No. 602-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” // Collected Legislation of the Russian Federation. 2023. No. 1 (Part I). Art. 49.
4. Decree of the President of the Russian Federation of August 9, 1994 No. 1668 “On the Federal Migration Program” // Collected Legislation of the Russian Federation. 1994. No. 18. Art. 2065.
5. Resolution of the Government of the Russian Federation of November 10, 1997 No. 1414 “On the Federal Migration Program for 1998-2000” // Collection of Legislation of the Russian Federation. 1997. No. 47. Art. 5406.
6. Order of the Government of the Russian Federation of March 1, 2003 No. 256-r // Collection of Legislation of the Russian Federation. 2003. No. 10. Art. 923.
7. The concept of the state migration policy of the Russian Federation for the period up to 2025, approved by the President of the Russian Federation on June 8, 2012 No. Pr-1490 // SPS ConsultantPlus.
8. Decree of the President of the Russian Federation of 05/12/2023 No. 342 “On Amendments to the Concept of the State Migration Policy of the Russian Federation for 2019 – 2025, approved by the Decree of the President of the Russian Federation of October 31, 2018 No. 622 // SPS Consultant Plus.
9. Lukoyanov P.V. Interdepartmental interaction of the Ministry of Internal Affairs of the Russian Federation with other executive bodies in the implementation of migration policy // State and municipal power in the Russian Federation: current state and development prospects: Collection of materials of the VI All-Russian scientific and practical conference dedicated to the 30th anniversary Constitution of the Russian Federation, Cheboksary, December 12, 2023. – Cheboksary: Russian University of Cooperation, 2024. – P. 102-107.
CIVIL LAW
RAENKO Elena Petrovna
student, specializing in 40.04.01 Jurisprudence within the master’s degree curriculum focused on «Justice in Civil, Administrative Matters, and Economic Disputes», West Siberian branch, Russian State University of Justice, Tomsk, consultant for the Municipal Institution «Management of Property, Urban Planning, and Land Relations of Gorno-Altaysk»
SULTANOVA Anna Alexandrovna
Ph.D. in philosophical sciences, associate professor of Civil process sub-faculty, West Siberian branch, Russian State University of Justice, Tomsk
FORMS OF INFLUENCE ON THE TRANSACTION BY THIRD PARTIES, AND DETERMINING THE LEGAL CONSEQUENCES FOR THEM
In the context of a dynamically developing economy, taking into account the growth in the number of real estate transactions on the market, an increase in the regulatory framework, and a large number of excessive and opaque administrative procedures related to the enforcement of judicial acts, the process of considering cases from the category of “invalidation of transactions” is becoming more complicated. An analysis of the legal nature of the transaction and the legal consequences of the invalidity of the transaction shows that the appearance of third parties involved in pre-contractual procedures complicates the process of dispute resolution in court on issues related to the identification of the parties involved and their legal status, which leads to difficulties in determining the legal consequences for the participants. The author examines the forms of third-party influence and the possibilities of determining the legal consequences associated with it.
Keywords: transaction; consequences of the invalidity of the transaction; administrative procedures, pre-contractual processes.
Article bibliography
1. Lebedev V. M. On the concept of a transaction in the Civil Code of the Russian Federation // Bulletin of Tomsk State University. – 2012. – No. 361. – P. 115-116. – ED№ PBXLPJ.
2. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation Review of the practice of resolving cases related to the invalidation of public auctions held within the framework of enforcement proceedings dated 22.12.2005 No. 101 // Bulletin of the Supreme Arbitration Court of the Russian Federation.– 2006. – No. 4.
3. Decision of the Arbitration Court of the Altai Republic dated January 23, 2015 on case A02-2499/2014// website of the Arbitration Court of the Republic of Altai: [database]. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card?number=A02-2499/2014 (access date 01/01/2025).
CIVIL LAW
SIZOV Grigoriy Grigorjevich
postgraduate student of State-legal disciplines and digital law sub-faculty, Moscow University for Industry and Finance “Synergy”
LEGAL ASPECTS OF TELEMEDICINE IN MODERN RUSSIA: ANALYSIS OF GAPS AND DEVELOPMENT PROSPECTS
The article is devoted to the study of the legal aspects of telemedicine in Russia, as well as the analysis of existing gaps in legislation and prospects for their elimination. The key issues related to the distribution of responsibility, protection of personal data and licensing of technological platforms are considered. A comparative analysis of Russian and foreign experience in the field of legal regulation of telemedicine is provided. The author suggests areas for improving the regulatory framework to create a safe and effective system for the provision of medical services using modern technologies.
Keywords: telemedicine, legal regulation, medical services, personal data protection, digitalization of healthcare, regulatory framework, doctor’s responsibility, telemedicine standards, Russia, international experience.
Article bibliography
1. Varyushin M. S. Legal regulation of telemedicine in Russia and the EU: two steps forward and one back // Law. – 2018. – No. 1. – P. 165-174. [Electronic resource]. – Access mode: https://www.garant.ru/article/1204651/ (date of access: 20.01.2025).
2. Elizarova Yu. Doctor online: legal aspects of telemedicine in Russia // GARANT.RU. 2020. [Electronic resource]. – Access mode: https://www.garant.ru/article/1405237/ (date of access: 20.01.2025).
3. Ivanova A. Telemedicine: legal regulation // BRACE. 2021. [Electronic resource]. – Access mode: https://brace-lf.com/informaciya/farmatsevticheskoe-i-meditsinskoe-pravo/telemeditsina-pravovoe-regulirovanie (date of access: 20.01.2025).
4. Nazarova N. A., Valueva N. I. Problems of legal regulation of telemedicine in the context of digitalization of healthcare in Russia // Bulletin of St. Petersburg University. – 2020. – Vol. 11. – Pp. 544-561. [Electronic resource]. – Access mode: https://lawjournal.spbu.ru/article/view/7447 (date of access: 20.01.2025).
5. Popova A. V. Telemedicine in Russia and abroad: on the issue of legal regulation // Bulletin of Moscow State Pedagogical Univ. – 2019. – No. 1 (33). – P. 53-60. [Electronic resource]. – Access mode: https://lawbulletin.mgpu.ru/2019/03/29/telemediczina-v-rossii-i-za-rubezhom-k-voprosu-o-pravovom-regulirovanii/ (date of access: 20.01.2025).
6. Putilo N. V., Volkova N. S. Telemedicine: the needs of society and the possibilities of legislation // Journal of Russian Law. – 2018. – No. 6 (258). – P. 124-135. [Electronic resource]. – Access mode: https://www.garant.ru/article/1204590/ (date of access: 20.01.2025).
7. Sokolenko N. N., Bagnyuk D. V. Professional standards in healthcare: some aspects // Medical law. – 2017. – No. 2 (72). – P. 22-26. [Electronic resource]. – Access mode: https://www.medpravo.ru/articles/standards-in-healthcare (date of access: 20.01.2025).
8. Shablova E. G., Zhevnyak O. V., Li Chan. Problems of legal regulation of the provision of medical services (on the example of the Russian Federation and the PRC) // Bulletin of Economics, Law and Sociology. – 2018. – P. 123-130. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-pravovogo-regulirovaniya-okazaniya-meditsinskih-uslug-na-primere-rf-i-knr (date of access: 20.01.2025).
9. Blagodareva M. S., Grigoriev I. V., Martirosyan S. V. Legal regulation of the provision of medical care using telemedicine technologies by regulatory acts of the Russian Federation // Medical law. – 2022. – No. 2. – P. 45-52. [Electronic resource]. – Access mode: https://medpravo.ru/articles/telemedicine-regulations (date of access: 20.01.2025).
10. Morozov S. P., Vladzimirsky A. V., Varyushin M. S., Aronov A. V. Distribution of responsibility for poor quality medical care when using telemedicine technologies // Medical law. – 2018. – No. 1. – P. 34-40. [Electronic resource]. – Access mode: https://medpravo.ru/articles/liability-in-telemedicine (date of access: 01/20/2025).
CIVIL LAW
TAGAEV Andrey Alexandrovich
postgraduate student of Public law sciences sub-faculty, Moscow City Pedagogical University
CITIZENS’ RIGHTS PROTECTION IN OVERDUE DEBT REFUND
The article describes the stages of implementation of legal relations in the Russian Federation between natural persons, who have missed payment, and collection agencies, credit and microfinance organizations. The article proposes to improve financial literacy of citizens, to legislate employment of the debtor and to increase responsibility for putting excessive pressure on a debtor by collection organizations.
Keywords: collector, violation of citizens’ rights, stages of development, arrearage.
Article bibliographic list
1. Dugina O. M. Causes and conditions contributing to the emergence of collection activities in the Russian Federation: historical aspect // Evolution of the state and law: problems and prospects. – Kursk: South-West State University, 2020. – P. 105-108.
2. Teplitsky D. V. Interaction of SRO NAPCA with government bodies in the process of combating the activities of “gray” collectors // Academic Thought. – 2018. – No. 3. – P. 34-36.
CIVIL LAW
TIAN Jiachi
student, Heihe University
HE Zhendong
senior lecturer, Heihe University
JIANG Dan
associate professor, Heihe University
THE STUDY OF THE INFLUENCE OF THE FORMATION OF A CULTURE OF THE RULE OF LAW IN UNIVERSITIES ON THE DEVELOPMENT OF LEGAL LITERACY OF STUDENTS
In this article, the influence of the formation of a culture of the rule of law in universities on the development of students’ legal literacy has been studied. It has been discussed that the formation of a culture of the rule of law in colleges and universities can effectively increase the awareness of college students about the rule of law, as well as their legal knowledge. At the same time, the article highlights the current problems of forming a culture of the rule of law in universities, namely: insufficient educational resources, the gap between education in the field of the rule of law and subject specialization, a single form of education. Measures to solve the stated problems are proposed: strengthening the teaching staff, optimizing the curriculum for teaching the rule of law, and using diversified educational forms. Diversified forms of education can better meet the different needs and interests of students, and improve the quality and effectiveness of the rule of law education.
Keywords: students, education, training, legal culture, rule of law, educational resources.
Bibliographic list of articles
1. Huasong E. Complex issues and ways of forming the belief in the rule of law of university students // Educational commentary. – 2020. – No. 7.
2. Li Li. Reasoning on the formation of belief in the rule of law in the minds of students // Legal readings. – 2020. – No. 6.
3. Liang Minyan. Theory of the rule of law in China // Bulletin of Moscow University. – 2010. – No. 4. – P. 61-69.
4. Pronina M. A. Legal culture in China, Russia and Great Britain: concept, content, interaction // Bulletin of Volgograd State University. – 2012. – No. 1. – P. 1-4.
5. Pushkina L. G. Modern trends in the development of legal culture among university students // East European scientific journal. – 2023. – No. 3-1 (88). – P. 34-37.
6. Zhao Yinghui. Reasoning about the formation of beliefs in legal matters among students // Research in the field of education. – 2015. – No. 2.
CIVIL LAW
FILYAKOV Ruslan Alexeevich
postgraduate student of Civil law and process and private international law, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia Law Institute
THE IMPORTANCE OF PREVENTIVE PROTECTION MEASURES IN THE SYSTEM OF CIVIL LAW METHODS OF PROTECTION
The article examines the place of preventive protection measures in the system of civil law methods of protection. The author examines the approaches to understanding preventive measures contained in the legal doctrine. The researcher demonstrates the lack of a well-established approach to preventive protection measures. The article substantiates the impossibility of attributing preventive protection measures to liability measures, and also proves the special autonomous nature of preventive protection measures. The author suggests considering preventive protection measures from the point of view of classifying protection methods into jurisdictional and non-jurisdictional
Keywords: obligation, tort, method of protection, preventive measures of protection, civil legislation.
Article bibliography
1. Braginsky M. I., Vitryansky V. V. Contract law. General provisions. Moscow: Statut, 2001. – Book 1. – 848 p.
2. Brinykh E. V. Operational sanctions – a form of civil liability // Soviet state and law. – 1969. – No. 6. – P. 65-70.
3. Civil law: textbook: in 2 volumes / S. S. Alekseev, O. G. Alekseeva, K. P. Belyaev et al.; ed. B. M. Gongalo. – M.: Statut, 2018. – Vol. 1. – 528 p.
4. Gribanov V. P. Implementation and Protection of Civil Rights: Monograph. – M.: Statut, 2022. – 141 p.
5. Jourdain P. Principles of Civil Liability // Bulletin of Civil Law. – 2021. – No. 4. – P. 212–241.
6. Ivanchak A. I. Civil Law of the Russian Federation: General Part. – M.: Statut, 2014. – 268 p.
7. Ioffe O. S. Law of Obligations. – M.: Jurid. lit., 1975. – 880 p.
8. Karkhalev D. N. Mechanism of civil-legal regulation of security relations. – M.: Infotropic Media, 2022. – 892 p.
9. Krasavchikov O. A. Civil liability // Soviet civil law: textbook: in 2 volumes. – Vol. 1 / Ed. O. A. Krasavchikov. – M.: Vysshaya shkola, 1985. – 544 p.
10. Krasavchikov O. A. Responsibility, protective measures and sanctions in Soviet civil law // Categories of civil law science: selected works: in 2 volumes. – M.: Statut, 2005. – Vol. 2. – Pp. 255-268.
11. Latypov D. N. The system of methods for protecting civil rights in the Russian Federation: author’s abstract. diss. … doctor of law. – Ulyanovsk, 2022. – 38 p.
12. Em V. S., Zenin I. A., Kozlova N. V. et al. Russian civil law: textbook: in 2 volumes / Ed. E. A. Sukhanov. – 2nd ed., stereotype. – M.: Statut, 2015. – V. 1. General part. Property law. Inheritance law. Intellectual rights. Personal non-property rights. – 958 p.
13. Senotrusova E. V. Prohibition, suspension and restriction of activities as measures of civil liability: dis. … candidate of legal sciences. – Perm, 2023. – 191 p.
14. Sinaisky V. I. Russian civil law. – M.: “Statut”, 2002. – 636 p.
15. Rachel Armitage, Ken Pease Draining the Swamp while Fighting off the Alligators: Crime Prevention in an Epoch of Contraction // Policing: A Journal of Policy and Practice. – 2019. – Vol. 13. – Issue 3. – P. 259-262.
CIVIL LAW
CHERNOMORDOV Oleg Maximovich
postgraduate student, Saint Petersburg University of Management Technologies and Economics
THE IMPORTANCE OF LEGAL REGULATION OF SPECIAL ECONOMIC ZONES FOR THE DEVELOPMENT OF PRIVATE LAW RELATIONS
The relevance of the article lies in the fact that in the conditions of modernization of the economy, taking into account the subsequent pandemic and the participation of the Russian Federation in the SVO, special economic zones can become a support for the development of the economy. Determining the content of legal regulation for special economic zones (hereinafter – SEZ) is able to determine the content of legal regulation for effective activity in the SEZ. The essence of the study is to determine the significance of the legal regulation of the SEZ as a key tool for stimulating the development of private legal relations as applied to private legal entities. The purpose is to determine the meaning of legal regulation specifically for private legal entities. As part of the task, an analysis of legal norms and doctrine was carried out. The hypothesis is that the importance of legal regulation of special economic zones for private subjects differs from the importance attached to the state as a subject of legal relations. This is the comparative legal method, the method of analysis and synthesis. As a result of the research, the author comes to the conclusion that the main importance of the legal regulation of the SEZ is to establish legal guarantees for private legal subjects, which is different from the meaning determined for the state.
Keywords: special economic zones, legal regulation, state, entities, private law relations, law, lease, advantages, incentives, entrepreneurship, residents, economy, significance, norms.
Bibliographic list of articles
1. Federal Law of 22.07.2005 No. 116-FZ (as amended on 23.11.2024) “On Special Economic Zones in the Russian Federation” (as amended and supplemented, entered into force on 01.01.2025) // RG. – 2005. – No. 162.
2. Resolution of the Government of the Russian Federation of 21.12.2005 No. 781 “On the establishment of a special economic zone of a technology implementation type on the territory of Dubna (Moscow Region)” // Collected Legislation of the Russian Federation. – 2005. – No. 52 (part 3). – Art. 5744.
3. Danko T. P., Okrut Z. M. Free economic zones in the world economy: textbook. manual. – M., 1998. – P. 15-16.
4. Aliev A., Bazedov Yu., Bardina M. P., et al. Modern international private law in Russia and the European Union: monograph / Ed. by M. M. Boguslavsky, A. G. Lisitsyn-Svetlanov, A. Trunk. – M.: Norma, 2013. – Book 1. – 656 p.
5. Customs Code of the Eurasian Economic Union (as amended on 29.05.2019, as amended on 18.03.2023) (Appendix No. 1 to the Treaty on the Customs Code of the Eurasian Economic Union). [Electronic resource]. – Access mode: Access from the reference and legal system Garant”.
6. Federal Law of November 30, 2011 No. 365-FZ (as amended on August 4, 2023) “On Amendments to the Federal Law “On the SEZ in the Russian Federation” and Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system ConsultantPlus.
7. Boykova T. How Russian business uses different jurisdictions within the country to optimize taxation // Administrative law. – 2021. – No. 2. – P. 29-34.
8. Khasyanov R. Z. Socio-political purpose of the institution of transfer of state powers to organizations: attracting expert knowledge and improving the quality of public services // Constitutional and municipal law. – 2020. – No. 11. – P. 12-16.
9. Semina A. G. Prospects for the Development of Special Economic Zones in the Russian Federation // Economy and Business: Theory and Practice. – 2022. – No. 4-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perspektivy-razvitiya-osobyh-ekonomicheskih-zon-v-rossiyskoy-federatsii (date of access: 02/09/2025).
10. Dragunov E. V., Elesina M. V., Rashkeeva I. V. The Importance of Special Economic Zones in the Modernization of the Russian Economy on the Example of the Titanium Valley // Bulletin of the State University of Management. – 2014. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachenie-osobyh-ekonomicheskih-zon-v-modernizatsii-ekonomiki-rossii-na-primere-titanovoy-doliny (date of access: 09.02.2025).
CIVIL LAW
KHUZZYATOV Arthur Arslanovich
LLM (St.SU, University of Edinburgh), postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia, Director of the Legal Department, Public joint-stock company «BANK URALSIB»
EVOLUTION OF ARTICLE 2.1.14 OF THE UNIDROIT PRINCIPLES ON A CONTRACT WITH TERMS DELIBERATELY LEFT OPEN
The article deals with the history of development and subsequentamendment of Article 2.1.14 of the UNIDROIT Principles on a contract with terms deliberately left open. Two key stages are highlighted: the first one took place before the adoption of the first version of the Principles, when the developers completely changed the ideology of the provision; the second one occurred recently, in 2016, when a new way of defining open terms was added to the article. It is shown how the study of the evolution of Article 2.1.14 of the UNIDROIT Principles allows us to take a new look at contracts with open terms, enshrined in 2015 in Article 429.1 of the Civil Code of the Russian Federation.
Keywords: contract with terms deliberately left open, contracts with open terms, framework contracts, Article 429.1 of the Civil Code of the Russian Federation, contract conclusion, unilateral determination of contract terms, UNIDROIT Principles.
Bibliographic list of articles
1. Avtonova, E. D., Astapenko, P. A., Boreysho, D. V., Do, M. Yu., Mal’shakov, A. A., Mymrin, V. A., Nikulushkina, A. S., Papilin, I. I., Romanova, O. I., Khodasevich, L. S. Commentary on the Resolution of the Plenum of the Supreme Court of the Russian Federation of 25.12.2018 N 49 “On Certain Issues of the Application of General Provisions of the Civil Code of the Russian Federation on the Conclusion and Interpretation of an Agreement” // Bulletin of Economic Justice of the Russian Federation. 2019. – No. 9. – P. 68-118. – No. 10. – P. 137-191; – No. 11. – P. 71-125.
2. Baron Yu. The System of Roman Civil Law: in 6 books. − St. Petersburg: Aslanov, Legal Center Press, 2005. − 1100 p.
3. Civil Law: textbook: in 4 volumes. Vol. 3 / Ed. by Dr. of Law, Professor E. A. Sukhanov. – 3rd ed., revised and enlarged. – Moscow: Statut, 2023. – 524 p.
4. Gruzdev, V. V. Framework agreements in civil law // Law and Economics. – 2019. – No. 11 (381). – P. 63-67.
5. Contract law (general part): article-by-article commentary to Articles 420-453 of the Civil Code of the Russian Federation. [Electronic publication. Edition 2.0] / Ed. by A. G. Karapetyan. – Moscow: M-Logos, 2020. – 1425 p.
6. Koblov A. S. Framework agreement and agreement with open terms as complex contractual structures // Law. – 2013. – No. 1. – P. 133-140.
7. Komarov, A. S. Principles of international commercial contracts UNIDROIT 2016. – Moscow: Statut, 2020. – 770 p.
8. Model rules of European private law / Trans. from English; Scientific ed. N. Yu. Rasskazova. Moscow: Statut, 2013. Access from the reference and legal system “ConsultantPlus”.
9. Raynikov A. S. Framework agreement: commentary to the commentary // Bulletin of civil law. – 2019. – No. 5. – P. 186-202.
10. Rusakova E. P., Khuzzyatov A. A. Artificial intelligence as a mechanism for filling open contract terms // Eurasian Law Journal. – 2023. – No. 7 (182). – P. 179-184.
11. Rusakova E. P., Frolova E. E. On the effectiveness of resolving digital disputes through arbitration in England and Wales // State and Law. – 2024. – No. 1. – P. 179-187.
12. Frolova E. E., Berman A. M. Methods of expression of the will of the parties in the context of digital transformation: current trends in law enforcement // Law. Journal of the Higher School of Economics. – 2024. – No. 3. – P. 57-83.
13. Khuzzyatov A. A. Open-ended contracts in Scotland: a comparative legal perspective // Jurisprudence. – 2023. – Vol. 67, No. 2. – Pp. 174-202.
14. Khuzzyatov A. A. Framework contract (open-ended contract) // Petersburg Civilistics 2.1: Collection of works by graduates of the Civil Law Department of St. Petersburg State University [Electronic publication] / Comp. and ed. by A. A. Pavlov. – Moscow, 2020. – Pp. 284-304.
15. Bonell M. J. An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts. Third edition. – Ardsley, N.Y: Transnational Publishers, 2005.
16. Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) / S. Vogenauer, J. Kleinheisterkamp (eds.). – Oxford; N.Y., 2009.
17. Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) / Ed. by S. Vogenauer. 2nd ed. – Oxford: Oxford University Press, 2015.
18. Dannemann, G., Schulze, R. German Civil Code = Bürgerliches Gesetzbuch (BGB). – München: C. H. Beck, 2020.
19. Gulati, R., et al. The Elgar Companion to UNIDROIT. Edited by Rishi Gulati et al., Edward Elgar Publishing, 2024.
20. Köhler B. Long-Term Contracts in the 2016 Unidroit Principles of International Commercial Contracts. In The Elgar Companion to UNIDROIT, 151-64. – Cheltenham, UK: Edward Elgar Publishing, 2024. – P. 156.
CIVIL LAW
SHAYDULLIN Rimnur Marsovich
postgraduate student of Civil and business law sub-faculty, University of Management “TISBI”
THE USE OF INTELLIGENT SYSTEMS TO IDENTIFY COPYRIGHT INFRINGEMENTS IN A DIGITAL ENVIRONMENT
This article aims to analyze the legal issuects of the use of AI in the context of copyright protection, to reveal the possibilities and limitations of such technologies, as well as to study their compliance with the norms of the legislation of the Russian Federation. The relevance of this study is determined by the fact that traditional methods of detecting unauthorized use of intellectual property objects based on manual monitoring demonstrate their inefficiency in conditions of huge volumes of daily published content. In this regard, the potential of intelligent systems, in particular, artificial intelligence (AI) technologies, for automating procedures for detecting and suppressing violations is attracting increasing attention from specialists and researchers.
Keywords: artificial intelligence, copyright, intellectual property law, copyright protection.
Bibliographic list of articles
1. Morgunova E. A., Shakhnazarov B. A. Intellectual property rights in the development of new technologies: monograph. – M.: Norma, INFRA-M, 2023. – P. 9.
2. Morhat P. M. Intellectual Property Law and Artificial Intelligence: monograph. – M.: Unity-Dana, 2018. – P. 51.
3. Novoselova L. A. Intellectual Property Law. – Vol. 1. General Provisions: textbook / Under the general editorship of Doctor of Law, Professor L. A. Novoselova. – M.: Statut, 2017. – P. 364.
4. Shitkina I. S., Biryukov D. O. Artificial Intelligence: Legal Aspects // Law and Economics. – 2023. – No. 11. – P. 5-14.
5. Shitkina I. S., Biryukov D. O. Artificial Intelligence: Legal Aspects // Law and Economics. – 2023. – No. 12. – P. 5-15.
6. Shumakova N. I., Lloyd Jordan J., Titova E. V. Towards legal regulation of generative AI in the creative industry // Journal of Digital Technologies and Law. – 2023. – No. 1 (4). – pp. 880-908.
CIVIL LAW
SHCHAVELEV Alexander Viktorovich
postgraduate student, Faculty of Law, Moscow University for industry and finance “Synergy”
FEATURES AND PROBLEMS OF USING SMART CONTRACTS
The article discusses the features and problems of using smart contracts in the Russian Federation. The current state of the legislation of the Russian Federation is analyzed and its assessment is given. The purpose of the study is to analyze the legislation of the Russian Federation regarding smart contracts, identify problems and suggestions for their solution. The result of the analysis is presented in the form of a qualitative definition of smart contracts and their features, highlighted advantages, as well as problematic aspects of smart contracts. The analysis makes it possible to determine the dynamics of the development of legislation in this area and identify problematic issues.
Keywords: smart contract, blockchain, digital rights, distributed registry, digitalization, contract.
Article bibliography
1. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ (as amended on March 11, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Fazlieva L.K., Rakhimov E.Kh. Smart contract in civil law circulation // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (92). – P. 52-57.
3. Zakharkina A. V. Smart contract in the context of the formation of the regulatory platform of the digital economy ecosystem of the Russian Federation // Bulletin of Perm University. – 2020. – No. 47. – P. 66-82.
4. Bogdanova E. E. Problems of applying smart contracts in transactions with virtual property // Lex russica (Russian law). – 2019. – No. 7 (152). – pp. 108-118.
CIVIL LAW
LILUASHVILI Mariam Grigorjevna
postgraduate student of Civil law and process and private international law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
THE HISTORY OF THE FORMATION OF THE INSTITUTION OF THE MARRIAGE CONTRACT IN THE RUSSIAN FEDERATION AND THE USA
The article is devoted to the consideration of historical aspects of the formation of the institution of the marriage contract in the Russian Federation and the United States of America. The purpose of the study is to determine the formation and development of a marriage contract in two different legal systems, which will help to use foreign experience to improve the institution of a marriage contract in Russia. The paper focuses on the prerequisites for the formation of the institution of the marriage contract in Russia, its development at the present stage. When analyzing a prenuptial agreement in the United States, it is compared with the Russian approach in this area. The following conclusions were made during the study: 1) The prerequisites for the emergence of theinstitution of the marriage contract in Russia quite a long time ago, however, there are distinctive features of the marriage contract at different historical stages. 2) The current Russian legislation makes it possible to determine the specifics of the content of the marriage contract, the legal regime of ownership at its conclusion, and the conditions of validity of this contract. 3) Consideration of the key issues of the prenuptial agreement existing in the US legal system has shown their distinctive features from the Russian approach to the legal regulation of the prenuptial agreement. 4) Some aspects of the legal regulation of the marriage contract in the United States can be used to improve Russian legislation.
Keywords: history, prenuptial agreement, family law, Russia, USA, property, spouses, rights and obligations.
Bibliographic list of articles
1. Andreeva A. S. Marriage agreement in the USA // Scientific almanac. – 2024. – No. 7-1 (117). – P. 96-98.
2. Bessmertnaya A. A. Historical analysis of the formation and development of the marriage contract in Russia // Business and society. – 2024. – No. 3 (43). – [Electronic resource]. – Access mode: https://busines-society.ru/2024/3-43-2/101_bessmertnaja.pdf (date of access: 11/28/2024).
3. Burkov I. D. Problems of law enforcement of provisions on the invalidity of a marriage contract // Issues of Russian justice. – 2023. – No. 25. – P. 72-81.
4. Buchkina A. S. Legal essence of a marriage contract in the Russian Federation and the USA: a comparative analysis // Perm period. In 3 vols. Vol. 2: collection of materials of the IX international scientific and sports festival of cadets and students of educational organizations, Perm, May 16-20, 2022. – Perm, 2022. – Pp. 174-176.
5. Erkalov R. Yu. Legal regulation of the marriage contract in Russia and the USA (using the state of California as an example) // Naukosphere. – 2020. – No. 11-2. – Pp. 316-320.
6. Zadokhina N. S. Marriage contract in Russia and in foreign countries // Modern trends in the development of social and humanitarian sciences. – Petrozavodsk: Novaya Nauka, 2021. – Pp. 39-43.
7. Kornienko E. V. Marriage contract in the Russian Federation: history of origin // XII International Student Scientific Conference “Student Scientific Forum – 2020”, Moscow, December 01, 2019 – March 06, 2020: electronic collection. – M .: Russian Academy of Sciences, 2020.
8. Panyushkina E. A., Loshkarev A. V. Marriage contract in Russia: the path to a civilized solution to marital issues // International Journal of Humanities and Natural Sciences. – 2021. – No. 1-3 (52). – P. 141-143.
9. Ponomareva I. M., Novoselova S. R. Contents of the marriage contract // Alley of Science. – 2023. – Vol. 2, No. 5 (80). – P. 1114-1118.
10. Tuzhilkina S. A. History of the formation of the institution of the marriage contract in the Russian Federation // Young scientist. – 2022. – No. 45 (440). – P. 192-194.
11. Shumova K. A., Sidorova S. V. Marriage contract: main aspects, recognition of the contract as invalid in court // Bulletin of science and practice. – 2020. – T. 6, No. 8. – P. 222-225.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
LEGAL FEATURES OF THE CHOICE OF STATISTICAL CODES WHEN REGISTERING A MEDICAL ORGANIZATION TO CARRY OUT ACTIVITIES IN THE FIELD OF PLASTIC SURGERY
The article examines the modern Russian system of classification of economic entities, provides a description of six statistical codes assigned by Rosstat to plastic surgery clinics. It is important for clinics to correctly declare their main code, since it is used to analyze various types of economic activity, maintain statistics on a specific type of activity and the industry as a whole. A number of all-Russian classifiers are actively used in the course of statistical analysis of the efficiency of economic sectors, the demand for classification groupings. The features of choosing and assigning the OKVED code to plastic surgery clinics are disclosed.
Keywords: statistical codes, code, medical clinic, OKVED, registration.
Article bibliography
1. Alekhine D. S. What is the All-Russian Classifier of Types of Economic Activity? // In the collection: Product quality: control, management, improvement, planning. Collection of scientific papers of the 5th International Youth Scientific and Practical Conference. 2018. P. 28-29.
2. Bury A. S., Slepyntseva L. I. Updating of All-Russian Classifiers: Status and Trends // Standards and Quality. 2018. No. 1. P. 16-21.
3. Bury A. S., Slepyntseva L. I. All-Russian Classifiers of Technical, Economic and Social Information in a Unified Information Environment // Information and Economic Aspects of Standardization and Technical Regulation. 2017. No. 1 (35). P. 78-84.
4. Zakharov G. N. All-Russianclassifiers // Bulletin of Tver State University. Series: Law. 2015. No. 4. P. 155-159.
5. Korovaitsev A. A., Sakov A. A., Slepyntseva L. I.: yesterday, today, tomorrow // Product quality control. 2014. No. 3. P. 49-54.
6. Kozyr N. S., Kovalenko V. S. Metrics of industry classification in the Russian Federation and abroad // Economic analysis: theory and practice. 2017. No. 10 (469). P. 1120-1128.
7. Morozov O. V., Vasiliev M. A. Statistics of the industry structure of the Russian economy and a model of its optimization // Statistics and Economics. 2021. No. 1. P. 176-190.
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, associate professor of Civil process law sub-faculty, Kazan branch, Russian State University of Justice
RAKHMATULLINA Renata Maratovna
student, Faculty for Training Specialists for the Judiciary, Faculty of Law, Kazan branch, Russian State University of Justice
MEDIATION IN THE ALTERNATIVE DISPUTE RESOLUTION SYSTEM
The article analyzes the role of mediation in the modern system of alternative dispute resolution, considering it as an effective conflict resolution tool outside the judicial process. A comparative analysis of mediation with other methods of conflict resolution is carried out. It examines the legal basis of mediation, paying special attention to the specifics of mediation and its role in reaching agreement between the parties. The advantages and disadvantages of various alternative dispute resolution methods, their procedural features and effectiveness in various types of disputes are considered. Attention is also paid to the factors influencing the choice of a particular method.
Keywords: Mediation, civil procedure, alternative dispute resolution, mediator, negotiations, mediation, judicial reconciliation.
Bibliographic list of articles
1. Volkhova A. A. Concept and types of mediation // Scientific aspect. – 2023. – V. 13, No. 12. – P. 1612.
2. Kalashnikova S. I. Mediation in the Sphere of Civil Jurisdiction: 12.00.15 – civil procedure; arbitration procedure: dissertation for the degree of candidate of legal sciences. – Ural State Law Academy. – Ekaterinburg, 2010. – 258 p.
3. Nekrasov S. Yu., Anishina D. I. The Difference Between Mediation and Other Types of Conciliation Procedures // Glagoly of Justice. – 2020. – No. 2 (24). – P. 50-53.
4. Kudrina A. A. Differences Between Mediation and Other Types of Conciliation Procedures // Young Scientist. – 2022. – No. 45 (440). – P. 143.
CIVIL PROCEDURE
MOROZOVA Sofiya Yurjevna
postgraduate student of the procedural law department, Institute of State and Law of the Russian Academy of Sciences
POWERS AND RESPONSIBILITIES OF THE COURT AT THE STAGE OF PREPARING A CASE FOR JUDICIAL PROCEEDINGS IN ADMINISTRATIVE COURT PROCEEDINGS
This article is dedicated to the examination of the powers and responsibilities of the court at the stage of preparing a case for judicial proceedings in administrative court proceedings. The relevance of the topic is determined by the need to ensure a balance between private and public interests, as well as the reform of legislation, including the introduction of digital technologies and the expansion of the court’s evidentiary capabilities. Based on an analysis of the norms of the Administrative Procedure Code (APC) of the Russian Federation, law enforcement practices, and scholarly works, the authors propose a classification of the court’s powers, highlighting procedural-documentary, organizational-preparatory, evidentiary, protective, and discretionary aspects. Special attention is given to the court’s role in clarifying the rights of participants in the process, organizing the presentation of evidence, applying pre-emptive protection measures, and facilitating the reconciliation of the parties. The study confirms that the quality of implementation of preparatory actions by the court directly affects the adherence to the principles of adversarial proceedings, the timeliness of case consideration, and the achievement of the goals of administrative justice.
Keywords: administrative court proceedings, case preparation for judicial review, court powers, court responsibilities, Administrative Procedure Code of the Russian Federation, evidentiary powers, protective measures, procedural timelines, digitalization of justice, reconciliation procedures.
Article bibliography
1. Bonner A. T. Administrative proceedings in the Russian Federation: myth or reality, or the dispute between a proceduralist and an administrativeist // Zakon. – 2016. – No. 7. – P. 24-51.
2. Velichko M. B. Combination of claims in administrativenom proceedings // Gaps in Russian legislation. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soedinenie-iskovyh-trebovaniy-v-administrativnom-sudoproizvodstve (date of access: 03.02.2025).
3. Ganicheva E. S. Conciliation procedures in administrative proceedings: new possibilities for dispute resolution based on an agreement of the parties // Education and Law. – 2020. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primiritelnye-protsedury-v-administrativnom-sudoproizvodstve-novye-vozmozhnosti-uregulirovaniya-sporov-na-osnove-soglasheniya-storon (date of access: 03.02.2025).
4. Guk, P. A. Expertise in administrative proceedings: concept, types, grounds for appointment / P. A. Guk // Legal technology. – 2022. – No. 16. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekspertiza-v-administrativnom-sudoproizvodstve-ponyatie-vidy-osnovaniya-naznacheniya (date of access: 03.02.2025).
5. Pavlenko K. A. Collection of evidence: from the civil procedural form to administrative proceedings // Bulletin of the Criminal Procedure Code of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (31). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sobiranie-dokazatelstv-ot-grazhdanskoy-protsessualnoy-formy-k-administrativnomu-sudoproizvodstvu (date of access: 03.02.2025).
6. Pavlyuk Yu. B. Features of the development of digital technologies in Russian legal proceedings // Modern law. – 2020. – No. 5. – P. 60-66. – DOI 10.25799 / NI.2020.34.53.014.
7. Sirazitdinova Yu. R. Necessary (mandatory) evidence in administrative proceedings // Arbitration and civil procedure. – 2023. – No. 5. – P. 23-27. – DOI 10.18572/1812-383X-2023-5-23-27.
8. Soloviev A. A. General characteristics of the legal status of the parties to administrative proceedings // NB: Administrative law and administration practice. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschaya-harakteristika-pravovogo-polozheniya-storon-administrativnogo-sudoproizvodstva (date of access: 03.02.2025).
9. Starilov M. Yu. Effectiveness of the institute of preliminary protection measures in administrative proceedings: problem statement, conditions and criteria for application, judicial practice // Bulletin of Voronezh State University. Series: Law. – 2018. – No. 2 (33). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/effektivnost-instituta-mer-predvaritelnoy-zaschity-v-administrativnom-sudoproizvodstve-postanovka-problemy-usloviya-i-kriterii (date of access: 03.02.2025).
10. Shaforostova K. I. The problem of enshrining in the Code of the Russian Federation on Administrative Offenses the norms on participation in a court hearing via videoconferencing // Concept. – 2019. – No. 11. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-zakrepleniya-v-kodekse-rossiyskoy-federatsii-ob-administrativnyh-pravonarusheniyah-norm-ob-uchastii-v-sudebnom-zasedanii (date of access: 03.02.2025).
CIVIL PROCEEDINGS
SEDYKH Nikolay Petrovich
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint Petersburg, Full State Councilor of the Russian Federation, 3rd class
CHERKAS Dmitriy Sergeevich
student of the 4th course of the full-time, Faculty of Law, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint Petersburg
BYKOV Danila Antonovich
student of the 4th course of the full-time, Faculty of Law, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint Petersburg
TERRITORIAL ORGANIZATION OF LOCAL SELF-GOVERNMENT IN THE SYSTEM OF PUBLIC AUTHORITY
This article examines the territorial organization of local self-government. In turn, it is worth noting that local self-government itself is one of the significant elements for the existence and development of a democratic state. The role of local self-government is to ensure decent and high-quality conditions for the life, health and activities of every citizen of the Russian Federation and the general population. Thus, local self–government is called upon to ensure the realization of one of the fundamental human and civil rights enshrined in article 7 of the Constitution of the Russian Federation – the right to a decent human life.
Keywords: local government, territorial organization, municipalities, solving issues of local importance, efficiency.
State Biblegraphical list
1. The Constitution of the Russian Federation taking into account the new subjects of the Russian Federation 2. Federal Law “On General Principles of Organization of Local Self-Government in the Russian Federation” with amendments and additions for 2024. – Moscow: Eksmo, 2024. – 160 p. – (Laws and codes).
2. Law of the Russian Federation on amendments to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of organization and functioning of public authority”.
3. Channov S. E. Municipal law: textbook and workshop for universities. – 5th ed., revised. and additional. – Moscow: Publishing house Yurait, 2025. – 307 p. – (Higher education). – ISBN 978-5-534-16104-5. – Text: electronic // Educational platform URAYT [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/560166 (date of access: 10.01.2025).
4. Vilensky A. V. Fundamentals of Russian local self-government: closer to reality // Economy: yesterday, today, tomorrow. – 2022. – Vol. 12, No. 2A. – P. 32-40. DOI: 10.34670/AR.2022.59.31.004 (date of access: 10.01.25).
CIVIL PROCEEDINGS
SIGAEVA Tatyana Adamovna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty, Belarusian State University of Economics
LEGISLATION AS A SOURCE OF LEGAL REGULATION OF CIVIL PROCEEDINGS IN THE REPUBLIC OF BELARUS
The article is devoted to the definition of legislative acts that are sources of legal regulation of civil proceedings, taking into account the unification of civil procedural legislation in the Republic of Belarus. The article considers the approaches of the member states of the Commonwealth of Independent States to the establishment of sources of civil proceedings in civil procedural codes, as well as the opinions of scientists on this issue. Using the system-structural method, civil proceedings are analyzed, the idea is discussed that the sources of legal regulation of civil proceedings, in addition to legislative acts and international treaties of the Republic of Belarus, also include acts of the subordinate level. Proposals are being made for the development of Belarusian legislation.
Keywords: civil proceedings, civil procedure, legislation on civil proceedings, sources of legal regulation, sources of civil procedural law, forms of consolidation of procedural norms
Bibliographic list of articles
1. Bolokhonov B. S. Unification of types of legal proceedings in civil and economic cases: dis. … Cand. of Law: 12.00.15; Belarusian State University – Minsk, 2024. – 182 p.
2. Belova T. A., Verkhovodko I. I., Danilevich A. A. [et al.]. Civil procedure. General part / Under the general editorship of T. A. Belova, I. N. Kolyadko. – Minsk: Belarusian state. University, 2020. – 379 p.
3. Kamenkov V. S. Business process: a tutorial. – Minsk: Knizhny Dom, 2005. – 320 p.
4. Papkov B. Systems theory and systems analysis for electric power engineers. Relationships between elements // B. Papkov, A. Kulikov. [Electronic resource]. – Access mode: https://studme.org/214694/tehnika/svyazi_elementami (date of access: 12.12.2024).
5. Semenov V. M. [et al.]. Civil proceedings: a tutorial. – Sverdlovsk: Sverdlovsk. legal. in-t, 1974. – 323 p.
6. Slepchenko E. V. Civil proceedings. – SPb.: Legal center Press, 2011. – 496 p.
7. Fursov D. A., Kharlamova I. V. Theory of justice in a brief three-volume presentation on civil cases. – M.: Statut, 2009. – T. 1: Theory and practice of organizing justice. – 522 p.
8. Chechina N. A. The system of civil procedural law and systematization of legislation // News of higher educational institutions. Jurisprudence. – 1984. – No. 2. – P. 27-35.
CIVIL PROCEDURE
SYCHEVA Darya Alexeevna
magister student (judicial, executive, notary and law practice), Samara State University of Economics, assistant judge of the Sixth Court of Cassation of General Jurisdiction
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty, Samara State University of Economics
PROSPECTS FOR THE DEVELOPMENT OF SIMPLIFIED PRODUCTION IN THE CIVIL PROCEDURE OF THE RUSSIAN FEDERATION
In the article, the author analyzes the concept and legal regulation of simplified proceedings in civil proceedings. The problems faced by courts of general jurisdiction when considering civil cases in a simplified manner are investigated. The author also examines the current state and prospects for the development of the use of simplified proceedings in domestic civil proceedings. Possible ways of applying and developing methods of electronic communication and artificial intelligence in the framework of civil proceedings are proposedd, as well as changes that need to be made to Russian civil procedure legislation in terms of simplified proceedings. The changes proposed by the author are relevant and can be successfully applied by courts of general jurisdiction when considering civil cases in a simplified manner, provided they are adopted at the legislative level.
Keywords: civil procedure, legal proceedings, simplified production, electronic document management, information technology
Article bibliographic list
1. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (as amended on 26.10.2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
2. Federal Law of 02.03.2016 No. 45-FZ “On Amendments to the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
3. Federal Law of 12.06.2024 No. 135-FZ “On Amendments to the Civil Procedure Code of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
4. Federal Law of 08.08.2024 No. 259-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation on Taxes and Fees”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
5. Bakhareva O. A. Introduction of Simplified Proceedings in Civil Procedure – Optimization of Consideration and Resolution of Civil Cases // Issues of Modern Jurisprudence. – 2016. – No. 5 (56). – P. 22-27.
6. Loshkarev A. V., Sadchikova A. A., Peshkova D. A., Rzhevskaya A. A. Problems of practical application of simplified proceedings in civil proceedings // Questions of Economics and Law. – 2024. – No. 5 (191). – P. 27-31.
CIVIL PROCEEDINGS
VORONTSOVA Irina Viktorovna
Ph.D. in Law, associate professor of Civil process law sub-faculty, Kazan branch, Russian State University of Justice
KOLOBYNINA Ekaterina Alexeevna
student, Faculty of Training Specialists for the Judicial System, Faculty of Law, Kazan branch, Russian State University of Justice.
DIGITAL TECHNOLOGIES AS A FACTOR IN STRENGTHENING THE INDEPENDENCE OF JUDGES
This article is devoted to the study of the positive aspects of the impact of digitalization on the principle of judicial independence. It analyzes the possibilities of using digital technologies to increase the objectivity of judicial decisions, minimize the influence of the human factor, reduce corruption risks and ensure greater transparency of judicial activities. Special attention is paid to the potential of digital tools to protect judges from external pressure and harmful interference, ensure the security of judicial information and improve the effectiveness of justice. In the article, the authors reveal the position that, with the right and responsible approach, digitalization can become an effective tool for strengthening the independence of the judiciary and increasing confidence in justice in the digital age.
Keywords: openness of judicial proceedings, independence of judges, corruption, influence on judges, civil procedure, impartiality.
Article bibliography
1. Akhmerov R. A. On the procedure for distributing cases between judges in courts of general jurisdiction // Prospects for the development of civil procedural law. Collection of materials from the IV International scientific and practical conference dedicated to the 90th anniversary of the SYU-SSLA. 2020. Pp. 48-51.
2. Dolzhenko A. N. Electronic document management in courts and prospects for its improvement // Russian justice. 2020. No. 1. P. 47-63.
3. HSE Research. – [Electronic resource]. – Access mode: http/www.rbc.ru/ (date accessed: 11.01.2025).
4. Kuznetsov A. A., Gritsenko V. D. Problems and Prospects for the Development of Electronic Justice // Naukosphere. 2022. No. 4-1. P. 208-212.
5. Smola A. A. Current Issues of Implementing the Principle of Publicity of Trial in Arbitration Courts of the Russian Federation // Bulletin of Civil Procedure. 2012. No. 5. P. 47-77.
6. Chuvakhin P. I. Legal Issues of the Functioning of the Electronic Justice System // Economy. Law. Society. 2021. Vol. 6. No. 2 (26). pp. 90-95.
CIVIL PROCEDURE
NEYASOVA Valeriya Alexandrovna
competitor of Civil process sub-faculty, lecturer of Arbitration process, advocacy and notariat sub-faculty, Saratov State Law Academy
SUBJECTIVE COMPOSITION OF CASES ON THE PROTECTION OF COLLECTIVE INTERESTS IN CIVIL PROCEEDINGS: A QUANTITATIVE CRITERION
The article examines the subject composition of civil cases initiated by filing and accepting a statement of claim in defense of the rights and legitimate interests of a group of persons, and highlights its features related to the number of group members. A distinction is made between procedural complexity and plurality of persons on the plaintiff’s side when protecting a collective interest in civil proceedings. The author substantiates the position that a more flexible approach should be used when determining the minimum number of members of a group of persons who must join the statement of claim.
Keywords: class action, collective interest, subject of civil procedural legal relationship, procedural complicity, plurality of persons, group of persons.
Article bibliography
1. Aliyeskerov M. A. Class action in adversarial civil proceedings: procedural limits and restrictions // Bulletin of civil process. – 2022. – No. 6.
2. Afanasyev S. F., Vikut M. A. Civil procedural law of Russia: Textbook for bachelor’s and master’s degrees / Ed. S. F. Afanasyev. – M.: Yurait, 2015.
3. Civil procedural law: textbook: in 2 volumes / T. K. Andreeva, S. F. Afanasyev, V. V. Blazheev et al.; edited by P. V. Krasheninnikov. – 2nd ed., revised and enlarged. – M.: Statut, 2022. – V. 1. – 550 p.
4. Civil procedure: textbook / Responsible. editor V. V. Yarkov. – 8th ed., revised and enlarged. – M., 2012. – P. 82.
5. Dolganichev V. V. Procedural features of initiation and preparation of cases in group proceedings: comparative legal aspect: dis. … candidate of legal sciences: 12.00.05. – Yekaterinburg, 2015.
6. Kolotov V. A. Protection of rights and legitimate interests of a group of persons in civil and arbitration proceedings: dis. … candidate of legal sciences: 12.00.05. – M., 2021.
7. Neyasova V. A. Comparative legal analysis of the regulatory framework for protecting the rights and legitimate interests of a group of persons in civil and arbitration proceedings // Bulletin of the Saratov State Law Academy. – 2024. – No. 6.
8. Staritsyn A. Yu. Class actions in civil proceedings // Russian judge. – 2024. – No. 3.
9. Timofeev Yu. A. Class actions: development prospects // Electronic supplement to the Russian legal journal. – 2018. – No. 2. – P. 88-99.
10. Shakaryan M. S. The concept of subjects of Soviet civil procedural law and legal relations and their classification // Lex Russica (Russian law). – 2004. – Vol. 63, No. 1. – P. 19-116.
11. Yarkov V. V. Class actions in civil proceedings: issues of law enforcement // Bulletin of civil procedure. – 2021. – No. 5.
CIVIL PROCEDURE
PESTOVA Kseniya Alexeevna
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
IMPLEMENTATION OF THE PRINCIPLE OF OPENNESS OF THE CIVIL PROCESS IN THE CONTEXT OF THE DEVELOPMENT OF THE WEB CONFERENCE SYSTEM
One of the elements of the digitalization of justice has become the opportunity to participate in a court session through a web conference system. The institution is the first step towards the creation of digital courts in the Russian Federation. However, the initial innovations cause a number of problems in practice that negatively affect the principle of openness of the civil process. The purpose of the study is to consider the specifics of the implementation of the principle of openness of the civil (arbitration) process in the context of the development of a web conference system. As a result of the research, the author comes to the conclusion that insufficient elaboration of Russian legislation at the initial stage of the implementation of the digital courts system negatively affects the implementation of the principle of openness of the civil (arbitration) process. The legislation of the Russian Federation and judicial practice do not allow us to unambiguously answer the question of the possibility of remote participation in a court session as a listener via a web conference. This makes it impossible to account for remote listeners as an additional guarantee of the publicity of the trial. In addition, the lack of a developed remote monitoring mechanism limits the principle of openness in times of crisis. The British experience shows that the introduction of a remote monitoring mechanism is possible. However, it must be borne in mind that remote access is provided solely on applications with a thorough assessment by the court according to the criteria proposed in the law, and streaming is unacceptable.
Keywords: openness principle, information technology, web conference system, listener
Article bibliographic list
1. Rusakova E. P. Robotization of Civil Proceedings: Reality or Future // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 211-217. – DOI 10.1007/978-981-16-9808-8_23. – EDN SUEXWX.
2. Solovieva T. V. Publicity of judicial proceedings in the context of a pandemic // Bulletin of SSLA. – 2021. – No. 6 (143). – P. 152-156. EDN: MJIIRW DOI: 10.24412/2227-7315-2021-6-152-156.
3. Gajda-Roszczynialska K. Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems – Case Study and Suggested Solution. V&R unipress. 2023. – 458 p. DOI:10.14220/9783737015820
4. Jougleux P. Open Justice in the Digital Age: The Relationship Between Justice and Media in Europe Law, governance and technology series, Springer Nature. – 2024. – V. 66. – 167 p. https://doi.org/10.1007/978-3-031-61436-1.
5. Resnik J. Constituting a Civil Legal System Called ‘Just’: Law, Money, Power, and Publicity // New Pathways to Civil Justice in Europe. Springer. – 2020. – Pp. 299-313. http://dx.doi.org/10.2139/ssrn.3723892.
6. Resnik J. The Functions of Publicity and of Privatization in Courts and their Replacements (from Jeremy Bentham to #MeToo and Google Spain) Open Justice: The Role of Courts in a Democratic Society // Yale Law School, Public Law Research Paper. – 2018. – No. 659. – 25 p. 10.5771/9783845297620-177.
7. Sorabji J. Justice Without Lawyers // New Pathways to Civil Justice in Europe. Springer. – 2021. – Pp. 221-242. https://doi.org/10.1007/978-3-030-66637-8.
8. Vermeys N. The Computer As the Court: How Will Artificial Intelligence Affect Judicial Processes? // New Pathways to Civil Justice in Europe. Springer. – 2021. – Pp. 61-80. https://doi.org/10.1007/978-3-030-66637-8_4
9. Rusakova E. P., Frolova E. E. On the effectiveness of resolving digital disputes through arbitration in England and Wales // State and Law. – 2024. – No. 1. – P. 179-187. – DOI 10.31857/S1026945224010172. – EDN JBCXKC.
CIVIL PROCEDURE
SERGEEV Roman Borisovich
postgraduate student of Civil law and process and private international law sub-faculty Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PRINCIPLES OF DIGITAL TECHNOLOGY APPLICATION AND BASIC PRINCIPLES OF CIVIL PROCEDURE LAW
The article is devoted to the analysis of the impact of digitalization of civil proceedings on its basic principles. It examines the practice of using digital technologies in foreign countries such as the USA, Western European countries, Vietnam and other countries. It is revealed what effects digital mechanisms of civil proceedings have in each of the countries considered on the principles of civil proceedings.
Keywords: civil law, digitalization, digital technologies, institutions, transformation.
Bibliographic list of articles
1. Artificial Intelligence and the Legal Profession / Kevin Hood, Executive Director Head of Legal Services, FINEX Global Willis Towers Watson, Thne Law Society, 2018.
2. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Moscow: Yurlitinform, 2021
3. Yastrebov O. A. Artificial intelligence in the legal space // RUDN law journal. 2018.
4. Steve Lohr. Artificial intelligence is Coming for Lawyers, Again // The New York Times, 2023
5. Ermakova E. P., Frolova E. E. Dispute resolution and artificial intelligence: pros and cons // Collection of materials of the conference “Prospects and problems of development of arbitration proceedings in Russia”. Tver State University, 2020
6. Ermakova E. P., Frolova E. E., Artificial intelligence in civil proceedings and arbitration: experience of the USA and China, LLC Publishing House. M.: “Yurlitinform”, 2021. P. 224-224.
7. Ermakova E. P., Frolova E. E., Dispute resolution and artificial intelligence: pros and cons. Tver State University, 2020. P. 29-36.
8. Ethan Katsh and Orna Rabinovich-Einy. Digital Justice: Technology and the Internet of Disputes. Oxford University Press, 2017.
9. Poryvaeva O. V., Some aspects of the impact of digitalization on civil law // The Russian Juridical journal. – 2020. – No. 3. – P. 60-62
LABOR LAW
EGOROVA Varvara Yurjevna
postgraduate student, Faculty of Law, M. V. Lomonosov Moscow State University
ORGANIZATION OF WORK ON RECORDING AND EXAMINING THE CAUSES AND CIRCUMSTANCES OF MICRO-INJURIES AS A WAY OF PREVENTING OCCUPATIONAL ACCIDENTS
Following global trends in the field of occupational health and safety, Russian labor legislation demonstrates a notable tendency towards changes aimed at general prevention of occupational injuries. This is also due to the emergence in the Labor Code of the Russian Federation of the obligation of employers to record and consider the causes and circumstances leading to microtraumas of employees and other persons involved in the operational activities. Despite the relative insignificance and non-seriousness of the consequences of each individual microtrauma for the injured person, its investigation and analysis is an extremely important element in the overall occupational health and safety management system for the entire organization. It is the competent work on recording and identifying deficiencies in the manufacturing process that led to the occurrence of microtrauma that will allow employers to prevent not only repeated microtraumas, but also industrial accidents with more serious consequences. This is shown not only by international and Russian practice of investigation of industrial accidents, but also by theoretical research in the field of sociological and psychological aspects of labor safety.
Keywords: microtraumas, micro-injuries, industrial accidents, occupational injuries, prevention of occupational injuries, zero vision, labor protection.
Article bibliography
1. Eliseev S. A. Psychology of accidental abilities in professional activity: dissertation … doctor of psychological sciences: 19.00.03. – St. Petersburg, 1998. – 259 p.
2. Elfimova E. V., Minnegalieva L. I. Microdamages (microtraumas) of workers: causes and procedure for conducting investigations // Electronic supplement to the “Russian Law Journal”. – 2022. – No. 5. – P. 33-37.
3. Kuroles I. Investigation, registration and accounting of microtraumas of workers // Personnel service and personnel management of the enterprise. – 2022. – No. 10. [Electronic resource]. – Access mode: https://delo-press.ru/journals/staff/pravovoe-obespechenie-deyatelnosti/61507-rassledovanie-oformlenie-i-uchet-mikrotravm-rabotnikov/ (date of access: 01/21/2025).
4. Lichtenstein V. I., Konashkov V. V. Psychology of labor safety: a teaching aid for students studying in the direction of 280700 – Technosphere safety. – Yekaterinburg: Publishing house of the Ural University, 2013. – 134 p.
5. Seregina L. V. Labor protection in the Russian Federation: scientific and practical commentary to Section X of the Labor Code of the Russian Federation (article by article). – M.: Law firm “Contract”, 2023. – 312 p.
6. Alli B. O. Fundamental principles of occupational health and safety / Benjamin O. Alli; International Labor Office. – Geneva: ILO, 2008. – 221 p.
ECOLOGICAL LAW
IVLEVA Yuliya Ivanovna
junior researcher of the Sector of constitutional law and constitutional justice, Institute of State and Law, Russian Academy of Sciences
EVOLUTION OF ENVIRONMENTAL DOCTRINE. THE ROLE AND SIGNIFICANCE OF CONSTITUTIONAL REGULATION
The article describes the evolution of environmental doctrine as a conceptual basis for the legal regulation of environmental relations, with a focus on the role of constitutional regulation in their formation and development. The author analyzes the key stages of formation and transformation of this institution, shows the corresponding influence of the peculiarities of socio-economic development, changes in the national and international legal field. Based on the results of the study, the author identifies promising directions for further scientific research in this area and concludes that the attitude of the state and society to environmental issues is transforming.
Keywords: environmental legal relations, legal doctrine, constitutional regulation, environmental safety, globalization, Constitution of the Russian Federation.
Article bibliography
1. Gizzatullin R.Kh. Environmental function of the state and ensuring environmental safety // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. Actual problems of environmental law. – Moscow: Institute of State and Law of the Russian Academy of Sciences, 2010. – No. 2. – P. 71.
2. Zhavoronkova N.G., Shpakovsky Yu.G. Doctrine of environmental law: theoretical and methodological problems // Bulletin of the O.E. Kutafin University (MSAL). – 2022. – No. 5. – P. 28.
3. Environmental law: textbook / Ed. by S. A. Bogolyubov. – 2nd ed., revised and enlarged. – M.: Yurait Publishing House, 2011. – P. 16.
ENVIRONMENTAL LAW
PAPKOV Sergey Sergeevich
senior specialist, Institute of Legislation and comparative law under the Government of the Russian Federation
ENSURING SUSTAINABLE WATER USE IN THE RUSSIAN ARCTIC
All types of surface water bodies are represented on the territory of the Russian Arctic. Arctic waters are the basis for determining the state of nature and climate. Biological and mineral resourcesrces, a logistical advantage, and a huge supply of fresh water are the factors that ensure the increased interest of the state and business in the use of Arctic waters. The Arctic water environment is particularly vulnerable to anthropogenic impact, the consequences of which are difficult to eliminate due to climatic conditions. This study is devoted to identifying problems related to the legal provision of sustainable water use in the Russian Arctic.
Keywords: Arctic, water law, the concept of sustainable development, sustainable water use, environmental safety.
Bibliographic list of articles
1. Kupryashkin Yu. V., Sivakov D. O. The Arctic and law in questions and answers: a scientific and practical guide. – M.: DMG Print, 2014. – 315 p.
2. Agafonov VB, Zhavoronkova NG Modern trends in legal support for strategic planning of environmental management in the Arctic // Lex Russica (Russian law). – 2018. – No. 7 (140). – P. 114-124. – DOI 10.17803/1729-5920.2018.140.7.114-124. – EDN XULFWP.
3. Vedysheva NO, Mukhlynina MM Legal regulation of the implementation of individual UN sustainable development goals in Russia as a counteraction to modern threats to environmental safety and environmental management // Law and state: theory and practice. – 2020. – No. 10 (190). – P. 209-212. – DOI 10.47643/1815-1337_2020_10_209.
4. Doronina A.K. Environmental protection of the Arctic in the aspect of sustainable development of the region // Agrarian and land law. – 2023. – No. 6 (222). – P. 89-92. – DOI 10.47643/1815-1329_2023_6_89. – EDN EFVFNK.
5. Concepts for the development of Russian legislation / Ed. by T. Ya. Khabrieva, Yu. A. Tikhomirov. – M., 2010. – 734 p.
6. Magritsky D. V. Water consumption in the catchment areas of Arctic rivers and in the Arctic zone of the Russian Federation: parameters, structure, long-term dynamics // Water management of Russia: problems, technologies, management. – 2019. – No. 3. – P. 20-37.
7. Motova E. A. State interest in the aspect of modern international relations // Russian journal of legal research. – 2022. – Vol. 9, No. 4. – P. 35-44. – DOI 10.17816/RJLS112606. – EDN BKQNIZ.
8. Avkhadeev V. R., Azarova E. G., Andrichenko L. V. et al. Scientific concepts of the development of Russian legislation: monograph / Ed. T. Ya. Khabrieva, Yu. A. Tikhomirova; Institute of Legislation and Comparative Law under the Government of the Russian Federation. – 8th ed., revised and enlarged. – Moscow: Norma, 2024. – 656 p. – DOI 10.12737/2127734.
9. Papkov S. S. Legal protection of waters during offshore oil production in polar conditions (experience of Norway and Russia) // Journal of Foreign Legislation and Comparative Law. – 2024. – V. 20, No. 3. – P. 90-102. – DOI 10.61205/S199132220028355-6. – EDN KWRZUT.
10. Papkov S. S. Legal aspects of the protection and use of waters of the Arctic zone of the Russian Federation // Agrarian and land law. – 2023. – No. 7 (223). – P. 78-80. – DOI 10.47643/1815-1329_2023_7_76. – EDN OENOMQ.
11. Ponomarev M. V. Legal protection of the marine environment from pollution in marine mammal habitats // Marine Research and Education (MARESEDU-2021): Proceedings of the X International Scientific and Practical Conference, Moscow, October 25-29, 2021. Volume III. – Tver: PoliPRESS LLC, 2021. – P. 318-323. – EDN AXNRAW.
12. Legal problems of sustainable spatial development of the CIS member states: monograph / Ed. E. A. Galinovskaya, M. V. Ponomarev. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2022. – 456 p. – DOI 10.12737/1867001.
13. Bogolyubov S. A., Nikonov R. V. Legal regulation of climate change prevention in Russia and foreign countries: monograph / Under the general editorship of prof. S. A. Bogolyubov; foreword by Yu. A. Tikhomirov; conclusion by N. V. Kichigin. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2025. – P. 178-180. – DOI 10.12737/2174410.
14. Abanina E. N., Sukhova E. A. Legal support of environmental safety of the Russian Federation: state and development prospects: monograph // – M.: Yustitsinform, 2022. – 222 p. – ISBN 978-5-7205-1811-0. – EDN NWACLR.
15. Fomina V. F. Assessment of water use in the northern regions of Russia based on sustainable development criteria // North and market: formation of economic order. – 2023. – Vol. 26, No. 4(82). – P. 157-174. – DOI 10.37614/2220-802X.4.2023.82.011. – EDN CNLYIM.
16. Syroechkovskii E. E. Modern problems of nature conservation in the Far North. – Moscow: Znanie Society, 1984. – 54 p. @@ Timofeev L. A. Integrated use of waters: Legal issues / Ed. V. N. Demyanenko. – Saratov: Publishing house of Saratov University. 1985 (1986). – 84 p. @@ Pankratov I. F., Yemelyanova V. G. New in the legislation on nature conservation in the Far North // Sovetskaya Yustitsiya. – 1985. – No. 5. – P. 20-22.
LAND LAW
KUTATELADZE David Davidovich
assistant, postgraduate student of Land and environmental law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PROBLEMS OF THE APPLICATION OF ENVIRONMENTAL RESTRICTIONS IN THE FRAMEWORK OF LAND RELATIONS
The article examines the legal aspects of applying environmental restrictions in land relations. The author analyzes the legislation of the Russian Federation governing reclamation activities, the operation of reclamation systems, and the delineation of administrative and criminal liability for environmental offenses. Key issues in law enforcement are identified, such as the lack of clear deadlines for fulfilling environmental requirements and ambiguity in distinguishing offenses. Proposed amendments to the regulatory framework include the specification of landowners’ and tenants’ responsibilities, the introduction of a minimum threshold for environmental damage, and enhanced monitoring of compliance with environmental regulations.
Keywords: environmental restrictions, land relations, reclamation systems, law enforcement, administrative liability, criminal liability, environmental protection.
Article bibliography
1. Babina Yu. V., Kochurov B. I. Problems of protecting surface water bodies in the context of land relations in the south of Russia // South of Russia: ecology, development. – 2021. – No. 3 (60). – P. 180-190.
2. Borisova A. S. Measures of state regulation of relations in the field of land use in urban planning // Current research. – 2024. – No. 5. – P. 22-37.
3. Ivanova I. V. Features of the implementation of the right of ownership of a land plot, taking into account environmental restrictions // Skif. Issues of student science. – 2023. – No. 4 (80). – P. 235-239.
4. Lesnykh S. I. Possibilities of implementing the environmental and legal mechanism for environmental protection to regulate economic activities in the coastal areas of Lake Baikal // Law and Politics. – 2022. – No. 12. – P. 29-40.
LAND LAW
LETYAGINA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
DIGITAL PROCESSES IN LAND MANAGEMENT
The study examines issues related to the implementation of digital processes in the field of land management. The main trends of today are outlined, as well as tasks for the introduction of electronic and digital systems in the field of land and property relations for their optimization and modernization in accordance with the strategic objectives set at the state level and regulated in the Strategy of Spatial Development of the Russian Federation until 2025, as well as the Concept of Spatial Development of the Russian Federation until 2030 with forecast until 2036.
Digitalization in the field of land resources should lead to the most efficient use of land and its subsoil, involvement in the proper turnover of land, including agricultural land, to ensure the protection of the most valuable territories, which ultimately should ensure the sustainable qualitative development of all subjects of the Russian Federation and the state as a whole.
According to the results of the analysis, it is indicated that in order to overcome the difficulties in implementing digital formats in land management, it is necessary to universalize the terminology used in regulatory legal acts at all levels, eliminating ambiguity and ambiguity of their interpretation; the formation of a single relevant universal database with various reliable information about different land resources, depending on the category of land and the type of permitted use; and also, the formation of a unified state land policy and overcoming its eclecticism and fragmentation.
Keywords: land, land resources, land plot, digital processes, public administration, municipal administration, public land policy, digital economy.
Article bibliography
1. Yurina T. A. Use of digital technologies in the land resources management system // Integration of science and education in agricultural universities to ensure food security of Russia: collection of papers of the national scientific and practical conference, November 1-3, 2022. – Tyumen: State Agrarian University of the Northern Trans-Urals, 2022. – P. 114-119.
2. Bugaevskaya V. V. On the issue of information support and interaction in the process of digital transformation of land management // Digitalization of land use and land management: trends and prospects: Proceedings of the IV international scientific and practical conference, November 14, 2024. – Moscow: State University of Land Management, 2024. – P. 40-49.
3. Korolev S. Yu. Managementland resources management of the Russian Federation in the context of modern challenges: legal aspects // Legal policy and legal life. – 2024. – No. 2. – P. 49-58.
4. Rosenberg I. N., Dulin S. K. On the formation of geospatial knowledge based on the transformation of geodescriptions // World of transport. – 2024. – Vol. 22, No. 2 (111). – P. 6-11.
5. Shavrov S. A. Ecosystem of typical Web platforms for territory and real estate management // Web programming and Internet technologies WebConf2021: Proceedings of the 5th International Scientific and Practical Conference, May 18-21, 2021. – Minsk: Belarusian State University, 2021. – P. 203-206.
6. Varaksin G. S. Problems and prospects of using digital technologies in land management of Russia // Siberian village: 200 years of development of the Omsk region – from the reforms of M. M. Speransky to the agro-industrial center of Siberia: materials of the XII International scientific and practical conference dedicated to the 200th anniversary of the Omsk region, September 21-23, 2022. – Omsk: Omsk State Agrarian University named after P.A. Stolypin, 2022. – P. 335-339.
7. Grigoryan S. A. Some aspects of the use of digital technologies in land legal relations // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 11 (138). – P. 48-50.
8. Kirilova O. V. Information systems for land resources management // A new look at the development of agricultural science: collection of materials of the Scientific and practical conference of graduate students and young scientists, April 16, 2021. – Tyumen: State Agrarian University of the Northern Trans-Urals, 2021. – P. 157-161.
9. Aleksandrovskaya L. A. Description of cadastral registration objects in three-dimensional space for the purpose of rational use of the territory // Economics and Management: materials of the All-Russian scientific and practical conference, November 14-15, 2023. – Novocherkassk: Don State Agrarian University, 2023. – P. 175-179.
10. Passport of the federal project “Digital Public Administration” (approved by the Presidium of the Government Commission on Digital Development, Use of Information Technologies to Improve the Quality of Life and Conditions for Doing Business, Protocol of 05/28/2019 No. 9). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_328938/ (date of access 01/04/2025).
FINANCIAL LAW
VINNITSKIY Danil Vladimirovich
Ph.D. in Law, professor, Head of Financial law sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg, Director of the BRICS Institute of Law
ZIMULKIN Maxim Igorevich
Ph.D. in Law, associate professor of Financial law sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg
“ANTI-ABUSE RULES AND TAX TREATIES” (REVIEW OF THE TEXTBOOK OF G. KOFLER, M. LANG, P. PISTONE, A. RUST, J. SCHUCH, K. SPIES, C. STARINGER, R. SZUDOCZKY “ANTI-ABUSE RULES AND TAX TREATIES”)
The monograph “Anti-Abuse Rules and Tax Treaties” is a combined work of a number of authors on the issues of application of the rules on prohibition of circumvention of tax law in the implementation of international tax agreements. The authors describe specific problems faced by tax authorities of various states in the implementation of tax agreements, including problems of interpretation of the provisions of the agreement and abuse by taxpayers in obtaining tax benefits. The monograph under review may be useful for researchers and practicing lawyers.
Keywords: tax, tax law, tax procedures, anti-abuse rules, tax treaties, general anti-avoidance rules, GAAR.
Bibliographic list of articles
1. G. Kofler, M. Lang, P. Pistone, A. Rust, J. Schuch, K. Spies, C. Staringer, R. Szudoczky. Anti-Abuse Rules and Tax Treaties. Kluwer Law International. – 2024. – R. 293 (English).
2. Andres Baez Moreno, GAARs and Treaties: From the Guiding Principle to the Principal Purpose Test [Electronic resource]: What Have We Gained from BEPS Action 6?, 45 Intertax 440 (2017) DOI: 10.54648/taxi2017036.
3. Alexander Rust, Article 1: Persons Covered, in Klaus Vogel “on Double Taxation Conventions” [Electronic resource] (Ekkehart Reimer & Alexander Rust eds., Kluwer Law International 2015).
4. Michael Lang, Introduction to the Law of Double Taxation Conventions 97 [Electronic resource]. – 3d ed. – Linde, 2021.
5. Craig Elliffe, Thin Capitalisation Rules and Treaties: Does the Ratio in the New Zealand Thin Capitalisation Rules Contravene New Zealand’s Tax Treaty Obligations? [Electronic resource]: 18 New Zealand Business Law Quarterly. – 2012. – No. 4 (2). – DOI: 10.2139/ssrn.2120839.
6. Kurochkin D. A. General Anti-Avoidance Rules in the BRICS States: A Comparative Legal Study / Under the scientific editorship ofby D. V. Vinnitsky. – Moscow: Legal House “Yustitsinform”, 2023. – 290 p.
7. Rakov I. A. Anti-tax evasion regime in Russia in the late 19th – early 20th centuries // Taxes and taxation. – 2018. – No. 11. – P. 34-39.
8. Vinnitsky D. V. International tax law: problems of theory and practice. – Moscow: Statut, 2017. – 463 p.
9. Vinnitsky D. V., Kurochkin D. A. Prospects for international coordination of the BRICS states’ approaches to cross-border taxation // Taxes and taxation. – 2018. – No. 11. – P. 1-15.
10. Vinnitsky D. V. Good faith, validity of benefit, limits of exercise of rights, or how Russian tax law found itself at the forefront of the fight against the evil nesting in taxpayers // Law. – 2018. – No. 11. – P. 44-57.
11. Ponomareva K. A. Strategies for combating tax evasion in the European Union. – M.: Infotropik Media, 2018. – 148 p.
FINANCIAL LAW
STEPANYAN Artur Levonovich
postgraduate student of the 3rd course of Judicial power, civil society and law enforcement sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE LEGAL STATUS OF DIGITAL CURRENCY IN RUSSIA: PROBLEMS OF DEFINITION AND DIRECTIONS OF IMPROVEMENT OF LEGISLATION
The evolution of the legal regulation of cryptocurrencies in the Russian Federation has demonstrated the transition from their complete rejection as a monetary surrogate to the recognition of the status of digital currency within the framework of Federal Law No. 259. However, the regulatory system in this area is still underdeveloped and needs to be improved.
The article analyzes key legislative gaps, including the lack of recognition of cryptocurrencies as property for the purposes of criminal law. Special attention is paid to practical problems related to the use of cryptocurrencies in criminal activities, including in schemes for the legalization of criminally obtained income. The necescity to make changes to the article 128 of the Civil Code of the Russian Federation in order to consolidate digital currency as an object of civil rights, which will be an important step to ensure legal certainty and effective regulation of its turnover, is substantiated.
The proposed measures are aimed at eliminating legal gaps, increasing the transparency of transactions with digital assets and strengthening mechanisms to combat their illegal use.
Keywords: digital currency, cryptocurrency, legal status, legislative regulation, criminal law, civil code, money laundering, mining, financial transactions, anti-money laundering.
Article bibliography
1. Vasilyeva Ya. Yu. Cryptocurrency as a subject of crimes under Articles 174 and 174.1 of the Criminal Code of the Russian Federation // Humanities, socio-economic and social sciences. – 2022. – No. 2 – P. 118-121.
2. Aleksandrov A. G., Safronov A. A. Use of the Darknet network in the preparation and commission of crimes // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – P. 156-160.
3. Kamyshanova A. E., Brileva A. D. Legal regulation of cryptocurrency in Russia: problems and prospects // Law and state: theory and practice. – 2022. – No. 4 (208). – P. 121-123.
4. Shaimardanov T. R., Pogodin A. V. Cryptocurrency as an object of civil rights // Economics and jurisprudence. – 2022. – No. 12 (99). – P. 62-67.
5. Zemlyukov S. V., Korennaya A. A. Legal status of cryptocurrency in criminal law // Bulletin of Altai State University. – 2018. – No. 3 (101). – P. 47-52.
6. Lykov A. A. Theft of cryptocurrency: problems of criminal-legal qualification // Modern criminal-procedural law – lessons of history and problems of further reform. – 2019. – No. 1 (1). – P. 13-18.
7. Sidorenko E. L. Legal status of cryptocurrencies in the Russian Federation // Economy. Taxes. Law. – 2018. – No. 2. – P. 129-137.
8. Perov V. A. Qualification of crimes committed using cryptocurrency. [Electronic resource]. – Access mode: https://www.dissercat.com/content/kvalifikatsiya-prestuplenii-sovershaemykh-s-ispolzovaniem-kriptovalyuty.
9. Vasilyeva Ya. Yu., Chugun D. A. Cryptocurrency as a subject of legalization of criminal proceeds // Art of jurisprudence. – 2022. – No. 1 (1). – P. 39-45.
10. Sidorenko E. L. Legal status of cryptocurrencies in the Russian Federation // Economy. Taxes. Law. – 2018. – No. 2. – P. 129-137.
FINANCIAL LAW
FARTUNOV Egor Alexandrovich
postgraduate student of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
FINANCIAL MONITORING AS A TYPE OF FINANCIAL CONTROL: LEGAL ASPECTS
The article discusses the relationship between financial monitoring and financial control. The author considers financial monitoring not only as an activity in the field of anti-money laundering and financing of terrorism, but also as a type of financial control carried out in order to counter illegal actions involving the use of funds in general. In support of his point of view, the author examines the theory and refers to the norms of current legislation.
Keywords: financial monitoring, financial control, anti-money laundering, countering the financing of terrorism, AML/CFT/FRM.
Article bibliography
1. Zubkov V. A., Osipov S. K. The Russian Federation in the international system of counteracting the legalization (laundering) of criminal proceeds and the financing of terrorism. – M.: Gorodets, 2006. – 751 p.
2. Beketnova Yu. M. Typological analysis in financial monitoring: a tutorial. – M.: Prometheus, 2020. – 260 p.
3. Kamilov A. Sh. Concept and principles of state financial control // Education. Science. Scientific personnel. – 2023. – No. 4. – P. 136-138.
4. Krysin L. P. Explanatory dictionary of foreign words. – M.: Eksmo Publishing House, 2006. – 939 p.
5. Proshunin M. M. Financial monitoring as a type of financial control // Bulletin of Tomsk State University. – 2010. – No. 330. – P. 105-108.
6. Financial law: textbook for universities / G. F. Ruchkina [et al.]; edited by G. F. Ruchkina. – 3rd ed., revised and enlarged. – M.: Yurait Publishing House, 2025. – 348 p.
7. Tisen O. N., Grinenko A. V. Use of the results of Rosfinmonitoring activities in criminal proceedings // All-Russian Criminological Journal. – 2022. – No. 4. – P. 492-504.
8. Financial law: textbook / Ed. N. I. Khimcheva. – 3rd ed., revised and enlarged. – M.: Yurist, 2004. – 749 p.
FINANCIAL LAW
KHROMCHENKO Maxim Denisovich
postgraduate student of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
ELECTRONIC MONEY AS AN OBJECT OF PUBLIC-LAW REGULATION
The presented article examines the problems of financial and legal regulation of electronic money in the Russian Federation. The analysis is based on the concept of direct and feedback, which show the need for further improvement of the current legislation. The author notes that electronic money can be fully attributed to money, since they are expressed in the national currency of Russia – the ruble. The characteristic features of electronic money that distinguish them from money stored in bank accounts of credit institutions are given. It is noted that transactions with electronic money are possible only with the use of electronic means of payment.
Keywords: electronic money, electronic means of payment, national payment system, Bank of Russia, non-cash money circulation, money, digitalization, direct and feedback.
Article bibliography
1. Vnukov N. A. Procedure for settlements under consumer-entrepreneurial contracts // Business Security. – 2011. – No. 3.
2. Gorbunova O. N. The problem of the law on finance in the context of the financial crisis // Bulletin of the Baikal State University. – 2010. – No. 5.
3. Kurbatov A. Ya. Legal regulation of electronic payment systems under the legislation of the Russian Federation // Business and Law. – 2007. – No. 9.
4. Kalyatin V. O. Law in the Internet Sphere. – M.: Norma. – 2004.
5. Kazachenok O. P. Settlements with the Use of Electronic Money in the BRICS Countries // Banking Law. – 2019. – No. 4.
6. Lavrushin O. I. Money, Credit, Banks: Textbook. – 15th ed., Stereotype. – M.: KNORUS. – 2019.
7. Marx K. Capital [Vol. 1-3] // K. Marx, F. Engels: Collected Works. – 2nd ed. – M., 1978.
8. Nikitin V. V. Electronic Money of an Organization and an Individual Entrepreneur // Current Issues of Accounting and Taxation. – 2021. – No. 21.
9. Saveliev AI Electronic Commerce in Russia and Abroad: Legal Regulation. – 3rd ed., revised and enlarged. – M.: Statut. – 2020.
10. Tedeev AA Electronic Commerce (Electronic Economic Activity): Legal Regulation. – M.: Prior-publishing house, 2002.
11. Shevchuk MD Legal Nature of Electronic Money // Jurist. – 2022. – No. 12.
TAX 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
SMIRNOVA Tatyana Sergeevna
lecturer of Theory of law and public law disciplines sub-faculty, Institute of Law, Samara State University of Economics
LEGAL ASPECTS OF DIGITAL PLATFORMS TAXATION AND ONLINE COMMERCLE
The article focuseson the analysis of important aspects of taxation in the field of digital platforms and e-commerce, as well as highlighting the experience of world and Russian practice in this field. The author notes that the lack of clearly established rules and regulations for tracking income from online sales opens up opportunities for tax evasion, which negatively affects the financial well-being of the state. In addition, the digital economy generates new types of economic activity, including the provision of digital services, the rental of digital assets and the use of cryptocurrencies. These phenomena require a revision of existing tax categories and the introduction of new rules that take into account the specifics of these types of activities. As a result of the analysis, the main difficulties are highlighted and recommendations are proposed to improve the legislative framework to ensure efficiency and fairness in this area of taxation, in particular, the introduction of a global digital tax that will be levied.
Keywords: digital platforms, online commerce, taxation, digital tax, tax administration, income, cryptocurrency.
Article bibliography
1. Arslanbekova A.Z., Mustaef R.E. Actual problems of tax administration // Legal Bulletin of DSU. 2020. No. 4. P. 69-73.
2. Vaipan V.A. Legal regulation of the digital economy // Entrepreneurial law. Appendix “Law and Business”. 2018. No. 1. P. 12-17.
3. Zinkov E. N. On the hierarchy of regulatory legal acts in the sphere of regulation of the tax regime of non-residents in the Russian Federation // Eurasian Law Journal. 2023. No. 2 (177). P. 222-223.
4. Zinkov E. N. Tax on professional income: issues of theory and practice // Science of the XXI century: current directions of development: collection of scientific articles of the XII International scientific and practical conference, September 22, 2023 / editorial board: E. A. Kandrashina, V. A. Piskunov (editors-in-chief) [et al.]; Samara State University of Economics. Samara: Publishing house of SSEU, 2023. Issue. 2, part 2. P. 388-393.
5. Kirova E. A., Morozova N. G., Bezverkhiy A. S. Transformation of the tax system of Russia in the context of the formation of the digital economy // Bulletin of the State University of Management. 2019. No. 7. P. 118-124.
BUSINESS LAW
KACHNOV Maksim Eduardovich
insolvency practitioner, private practice lawyer, postgraduate student, Russian State University of Justice
LIABILITY OF CREDITORS AND INSOLVENCY PRACTITIONER FOR INEFFECTIVE BANKRUPTCY STRATEGY
The article focuses on the examination of the liability of creditors and the insolvency practitioner for ineffective decisions in the framework of bankruptcy proceedings. The legal grounds for continuing the debtor’s business activities and their impact on the bankruptcy estate are analyzed. Special attention is given to case law, including the positions of the Supreme Court of the Russian Federation, which reveal the possibility of recovering damages from creditors and the insolvency practitioner. The relationship between subsidiary and tort liability in bankruptcy proceedings is also explored.
Keywords: bankruptcy, insolvency practitioner, creditors, tort, damages.
Article bibliography
1. Alekperov D.S. ogly. The relationship between the rules on subsidiary liability in bankruptcy and general tort // Arbitration disputes. – 2023. – No. 4. – P. 150-168.
2. Evstigneev E.A. The principle of general tort: current state and prospects for application (part two) // Bulletin of civil law. – 2017. – Vol. 17, No. 5. – P. 73.
3. Legal status of a debtor – a legal entity in Russian bankruptcy legislation: diss. … candidate of legal sciences. – Moscow, 2016.
4. Russian civil law: Textbook. In 2 volumes. Vol. 2: Law of Obligations / Ed. E. A. Sukhanov. P. 1080 2014 // “SPS “ConsultantPlus”;
BUSINESS LAW
MUCHINSKIY Danila Olegovich
legal adviser of DM LLC
LEGAL REGULATION OF CAR SHARING: DEFINITION, THE SUBJECT OF A LEGAL RELATIONSHIP, OBLIGATORY REQUIREMENTS
The author analyzes the concept of car sharing in the article. The multifaceted nature of the above term’s definition is discussed herein. For instance, car sharing is considered as an information system, database, and computer program. The author examines, what social relations does a car sharing operator enter into and what legal acts regulate the specified activities. Relationship types involving the car sharing operator are under view herein. The suggestions about the further car sharing operator means of activity settlement are made in the light of services similar to car sharing legal regulation analysis via establishing the mandatory requirements.
Keywords: car sharing, operator of car sharing, licensing of car sharing operator activities.
Article bibliography
1. Algazina A. F. History of the emergence and development of self-regulation in Russia. [Electronic resource] // Law enforcement. – 2017. – No. 3. – P. 90-99.
2. Suslova M. V. Purpose of the institution of licensing of entrepreneurial activity. [Electronic resource] // Bulletin of the South Ural State University. – 2013. – Vol. 3, No. 3. – P. 112-113.
3. Filipov S. A., Pereyarina P. O. Car sharing as a new phenomenon in the civil law of the Russian Federation. [Electronic resource] // Bulletin of the Saratov State Law Academy. – 2019. – No. 3. – P. 138-144.
CRIMINAL LAW
ABDULGAPUROVA Saygibat Gamzatovna
master student of the 2nd course, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
CRIMINAL LAW MEANS OF COUNTERING COMMERCIAL BRIBERY
The article is devoted to the issues of improving the legislation on liability of commercial bribery. The problems of this article have relevance, theoretical and practical significance. The article analyzes criminal liability for commercial bribery, highlights the shortcomings of this norm, and analyzes scientific works. The article emphasizes that there is no official definition of the concept of “interests of the service” in criminal law, there is also no unified approach to its interpretation in criminal law, and it is also noted that commercial bribery not only violates the principles of fair competition, but also undermines confidence in market institutions, creating prerequisites for corruption and unfair behavior. This, in turn, has a negative impact on the country’s economic development. The criminal law analysis of commercial bribery given in the article may be of interest to researchers, teachers and students of law schools, law enforcement officers.
Keywords: commercial bribery, corpus delicti, subject, formal corpus delicti, subjective features.
Article bibliography
1. Agil’din V. V. Characteristics of the composition of commercial bribery // Siberian legal bulletin. – 2014. – No. 1. – P. 47.
2. Volzhenkin B. V. On crimes against the interests of the service according to the draft Special Part of the Criminal Code // Issues of criminal liability and its differentiation (in the draft Special Part of the Criminal Code of the Russian Federation): Coll. scientific. art. and abstracts. – Yaroslavl, 2004. – P. 18.
3. Zvarygin V. E., Kondakov A. S. Criminal-legal problems of bringing to justice for crimes of a corruption nature on the example of commercial bribery // Bulletin of Udmurt University. Series Economics and Law. – 2021. – Vol. 31, No. 4. – P. 647-653.
4. Ivanov N. On the discussion of the explanations of the Plenum of the Supreme Court on the qualification of bribery // Criminal law. – 2013. – No. 5. – P. 71-73.
5. Commentary on the Criminal Code of the Russian Federation in 4 volumes. Volume 2. Special Part. Sections VII–VIII / V. M. Lebedev [et al.]; editor-in-chief V. M. Lebedev. – M.: Yurait Publishing House, 2024. – 371 p.
6. Nikonov V. A. Logical modeling of the article of the Special Part of the Criminal Code of the Russian Federation // Scientific research of higher education: materials of the final scientific and practical. conf. – Tyumen: Tyumen. higher. school. Ministry of Internal Affairs of the Russian Federation, 1995. – Pp. 3-9.
7. Article-by-article commentary to the Criminal Code of the Russian Federation / Ed. Esakov G. A. – M.: Prospect Publishing House, 2021. – P. 173.
8. Skryabin E. N. Commercial bribery // Legality. – 2000. – No. 9. – P. 40.
9. Tumarkina L. P. Commercial bribery: monograph. – M., 2005. – P. 45.
10. Eksanova A. A. Bribery as a criminogenic crime (concept, types, legal analysis, qualification): dis. … candidate of legal sciences. – N. Novgorod, 2001. – P. 29.
11. Yani P. S. Causing harm by an act // Russian justice. – 1997. – No. 1. – P. 49.
CRIMINAL LAW
AGABALAEV Mukhamed Imamedinovich
Ph.D. in Law, Humanities sub-faculty, Rector, Socio-Pedagogical Institute
PROBLEMS OF JUVENILE DELINQUENCY PREVENTION
The article is devoted to the analysis of the state and trends of juvenile delinquency, as well as the identification of the causes contributing to their illegal behavior. The main factors of crime are unfavorable family conditions, deficiencies in upbringing, the negative impact of the environment and the information environment. The author highlights theproblems of prevention related to insufficient coordination between government agencies, educational institutions and social services. Measures are proposed to improve preventive work, including strengthening the educational role of the family, developing legal education and creating conditions for the social adaptation of adolescents.
Keywords: condition, dynamics, prevention, causes of crime, minors.
Article bibliographic list
1. Polunichev A. I. Causes of juvenile delinquency // Issues of Russian justice. – 2023. – No. 26. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-prestupnosti-nesovershennoletnih (date of access: 11.02.2025).
2. Rodionova A. A. Causes of juvenile delinquency // International journal of humanitarian and natural sciences. – 2024. – No. 5-4 (92). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-prestupnosti-nesovershennoletnih-1 (date of access: 11.02.2025).
3. Vorobyov V. Yu. Causes of juvenile delinquency // Scientific works of the Moscow Humanitarian University. – 2023. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-prestupnosti-nesovershennoletnih-2 (date of access: 11.02.2025).
CRIMINAL LAW
ALISULTANOVA Sabiyat Alisultanova
magister student of the 3rd course, specialty 04/40/01. “Jurisprudence”, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ADILOV Zaur Adilovich
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
RESTORATION OF SOCIAL JUSTICE AS A PRIORITY GOAL OF CRIMINAL PUNISHMENT
The article offers an analysis of the restoration of social justice as a goal of criminal punishment. It is proposed to consider this goal as a priority, combining other goals of punishment set out in the Criminal Code of the Russian Federation. It is proposed to consider this goal as the direction of punishment not only towards retribution, but also towards recovery, as well as towards the re-socialization of the stumbled. The general principles of sentencing, as set out in art. 60 of the Criminal Code of the Russian Federation, it is recommended to consider it as a legal instrument forming the basis for the creation of a legal mechanism for the implementation of restorative procedures, which is implemented in other provisions of Chapter 10 of the Criminal Code.
Keywords: criminal law, Criminal Code of the Russian Federation, crime, criminal liability, criminal punishment, restoration of social justice, restorative justice, criminal legal impact, victim.
Article bibliography
1. Ismailova K. A. Restoration of social justice as the goal of criminal punishment // The Scientific Heritage. – 2021. – No. 81. – P. 20-22.
2. Kodintsev S. A., Kholodnaya M. Ya. Restoration of social justice as a priority goal of criminal law // Naukosphere. – 2023. – No. 7-1. – P. 104-108.
3. Peshkov M. A. Restorative justice // Naukosphere. – 2022. – No. 12-1. – P. 571-577.
4. Strogovich M. S. Methodological issues of legal science // Questions of philosophy. – 1965. – No. 12. – P. 10-16.
5. Urtsmikhanov Z. S. Objectives and problems of criminal punishment // Towards a civil society. – 2022. – No. 1 (45). – P. 43-50.
CRIMINAL LAW
BOCHAROV Vitaliy Mikhaylovich
Ph.D. in pedagogical sciences, associate professor, professor of Law sub-faculty, Russian University of Cooperation
SHOGENOV Timur Mukhamedovich
Ph.D. in economical sciences, Deputy Head of Internal affairs in special conditions sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia
BURAEVA Lyudmila Alexandrovna
Ph.D. in physical-mathematical sciences, senior researcher of the scientific research areas, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia
ON THE CURRENT PROBLEMS OF COUNTERING THE SPREAD OF THE IDEOLOGY OF EXTREMISM AND IDEAS OF NEO-NAZISM IN MODERN CONDITIONS
In the article, the authors conducted a study of such dangerous phenomena as the spread of extremist ideology, neo-Nazi views, and Russophobia, which contribute to the escalation of modern forms of racism, xenophobia, and other destructive movements. The article analyzes the data of legal statistics, the negative trends of growing intolerance in modern society, accompanied by the spread of neo-Nazi ideologies and the glorification of Nazism in a number of states. The authors note the measures taken by government agencies to counter modern threats to the national security of the Russian Federation, to ensure constitutional order and the safety of Russian citizens.
Keywords: extremism, neo-Nazism, Russophobia, extremist organizations, terrorism, Nazism, terrorist activities, threats to national security, the Internet, social networks.
Article bibliography
1. The Foreign Ministry accused Western countries of hypocrisy. – [Electronic resource]. – Access mode: https://lenta.ru/news/2024/11/12/v-mid-obvinili-zapadnye-strany-v-litsemerii-i-roste-ksenofobii/ (date of access: 20.01.2025).
2. In Serbia, the anniversary of the liberation of Auschwitz without Russia was called an insult – [Electronic resource]. – Access mode: https://www.rbc.ru/politics/19/10/2024/6713cba79a7947eed90afddf (date of access: 20.01.2025).
3. Altai resident convicted of calls for extremism – [Electronic resource]. – Access mode: https://ria.ru/20250204/ekstremizm-1997228332.html (date of access: 20.01.2025).
4. Koliev V. V., Shakhkeldov F. G. Features of detection and disclosure of crimes related to the use of informationtelecommunication technologies // Law and Practice. – 2022. – No. 2. – P. 131-135.
5. Koliev V. V. Tactics and methods of investigating crimes committed using the Internet // Law and State: Theory and Practice. – 2021. – No. 4 (196). – P. 280-282.
6. Medvedev: enclaves of migrants ignoring the law can be a source of extremism. – [Electronic resource]. – Access mode: https://russian.rt.com/russia/news/1414880-etonoanklavy-iz-semei-migrantov (date of access: 20.01.2025).
7. On Amendments to the Code of the Russian Federation on Administrative Offenses Federal Law of August 8, 2024 No. 248-FZ // SPS “ConsultantPlus” (date of access: 20.01.2025).
8. On Approval of the Strategy for Countering Extremism in the Russian Federation: Decree of the President of the Russian Federation of December 28, 2024 No. 1124 // SPS “ConsultantPlus” (date of access: 20.01.2025).
9. Ambassador Meshkov called for redoubling efforts to counter the rise of neo-Nazism. – [Electronic resource]. – Access mode: https://aif.ru/politics/posol-meshkov-prizval-udvoit-usiliya-po-protivodeystviyu-podemu-neonacizma (date of access: 20.01.2025).
10. Putin called the refusal to invite the Russian Federation to the anniversary of the liberation of Auschwitz shameful, – [Electronic resource]. – Access mode: https://iz.ru/1832375/2025-02-02/putin-nazval-pozornym-otkaz-priglasit-rf-na-godovshchinu-osvobozhdeniia-osventcima (date of access: 20.01.2025).
11. Putin: it is necessary to tighten requirements for migrants living in the country. – [Electronic resource]. – Access mode: https://russian.rt.com/russia/news/1411613-putin-migranty-uzhestochenie (date of access: 20.01.2025).
12. A criminal case on the creation of an extremist organization was opened against migrants in Moscow – [Electronic resource]. – Access mode: https://www.m24.ru/news/proisshestviya/28072023/602684 (date of access: 20.01.2025).
13. The FSB detained a woman in the DPR for calls for terrorism. – [Electronic resource]. – Access mode: https://www.rbc.ru/rbcfreenews/6785d0639a79477fd74b1973 (date of access: 20.01.2025).
14. The number of extremism cases in Russia in 2024 increased by 43%. – [Electronic resource]. – Access mode: https://ria.ru/20250115/chislo-1993749833.html (date of access: 20.01.2025).
15. The number of extremist crimes in the North Caucasus Federal District in 2024 increased by a third – Bastrykin. – [Electronic resource]. – Access mode: https://www.interfax-russia.ru/south-and-north-caucasus/news/chislo-ekstremistskih-prestupleniy-v-skfo-v-2024-godu-vyroslo-na-tret-bastrykin (date of access: 20.01.2025).
16. Shogenov T. M., Fedorenko S. P., Buraeva L. A. Actual issues of counteracting the activities of extremist organizations on the Internet in the context of foreign policy instability // Eurasian Law Journal. – 2023. – No. 7 (182). – pp. 441-442.
CRIMINAL LAW
VALIEV Badawi Ruslanovich
magister student of the 2nd course, North Caucasus branch, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor, North Caucasus branch, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
GENOCIDE AS AN INTERNATIONAL CRIME
This article is devoted to genocide as the most serious international crime and criminal responsibility for it. The Convention on the Prevention and Punishment of the Crime of Genocide is one of the fundamental documents under the influence of which genocide was criminalized in the criminal legislation of the most developed countries, including Russia. The article notes that in accordance with this Convention, disputes on genocide were referred to the International Court of Justice. In the article, the author notes that in 1998 in Rome, representatives of 120 countries signed the Rome Statute, which became the basis for the creation of the International Criminal Court (ICC), This article examines the types of crimes that are provided for in the legislation of some countries for committing genocide, and also analyzes the experience of the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia.
Keywords: genocide, Convention on the Prevention and Punishment of Genocide, Rome Statute.
Article bibliography
1. Arustamyan R. V. Genocide is the gravest crime against humanity // Gaps in Russian legislation. – 2012. – No. 5. – P. 140.
2. Lasaria A. O. The concept of “genocide” under international and Russian legislation // Bulletin of Military Law. – 2024. – No. 2. – P. 14-23.
3. Arutyunyan M. A. The concept of the crime of genocide: historical determinacy of the international legal recognition of genocide as a crime against the security of humanity // Current issuesproblems of Russian law. – 2009. – № 3. – P. 103.
4. Avanesyan V. V. Genocide: criminological study. – M., 2012. – P. 65.
5. Barsegov Yu. G. Armenian Genocide – a crime against humanity (on the legality of the term and legal qualification). – [Electronic resource]. – Access mode: http://www.armenianhouse.org/barsegov/genocide-ru/crime.html.
CRIMINAL LAW
GAUZHAEVA Viktoriya Alexandrovna
Ph.D. in Law, associate professor of Special and technical training sub-faculty, North-Caucasian Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, colonel of police
SHUBIN Sergey Pavlovich
senior lecturer of Tactical and special training sub-faculty, Barnaul Law Institute of the MIA of Russia, lieutenant colonel of police
CERTAIN ISSUES OF APPLICATION OF THE INSTITUTION OF RELEASE FROM CRIMINAL LIABILITY IN CONNECTION WITH ACTIVE REPENTANCE
The article provides a detailed analysis of current problems arising in the process of applying the institution of release from criminal liability in connection with active repentance, provided for in Article 75 of the Criminal Code of the Russian Federation.
Particular attention is paid to controversial issues, in particular compensation for damage caused by a crime and other methods of assistance in their investigation, causing difficulties in law enforcement and analysis of various scientific positions on these issues.
Keywords: active repentance, exemption from criminal liability, voluntary surrender, assistance in solving a crime, compensation for damage, making amends for harm.
Article bibliography
1. Course of criminal law. General part. Volume 1: Theory of crime / Ed. by N. F. Kuznetsova, I. M. Tyazhkova. – M.: IKD “Zertsalo-M”, 2021. – 624 p.
2. Appellate ruling of the Moscow City Court dated July 15, 2022 in case No. 10-14726/2022 // The document was not published. Access from the SPS “ConsultantPlus”.
3. Appellate ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 15, 2022 No. 49-UD22-35-K6 // The document was not published. Access from the SPS “ConsultantPlus”.
4. Cassation ruling of the Judicial Collegium for Criminal Cases of the Second Cassation Court of General Jurisdiction dated March 22, 2023 No. 77-1303/2023 // The document was not published. Access from the SPS “ConsultantPlus”.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 No. 19 (as amended on November 29, 2016) “On the application by the courts of legislation regulating the grounds and procedure for exemption from criminal liability” // Bulletin of the Supreme Court of the Russian Federation. – 2013. – No. 8.
6. Kuznetsov A. A. Actual problems of compensation for moral damage // Law and Right. – 2023. – No. 4. – P. 120-123.
7. Commentary on the Criminal Code of the Russian Federation (article by article) / edited by A. I. Chuchaev. – M .: CONTRACT, 2022. – 1056 p.
8. Skripchenko N. Yu., Anoshchenkova S. V. Criminal-legal mechanism for compensation for damage caused by a crime: legislative regulation and practice // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – Vol. 26, No. 1. – Pp. 171-191.
9. Review of judicial practice of release from criminal liability with the appointment of a judicial fine (Article 76.2 of the Criminal Code of the Russian Federation) (approved by the Presidium of the Supreme Court of the Russian Federation on July 10, 2019) // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 10.
CRIMINAL LAW
KERIMOVA Milana Magomedsadikovna
senior lecturer of Criminal law and criminology sub-faculty, Institute of Law, Dagestan State University, Makhachkala
A WOMAN AS A SUBJECT OF CRIME IN MODERN CRIMINAL LAW
Crime is a socially dangerous phenomenon and negatively affects all spheres of human activity. Currently, special attention is being paid to the study of female crime, as its growth trends are of concern to society. This is due to the fact that women have a significant impact on the social institution of the family and the upbringing of children. This article considers the female sex as one of the special subjects of crimes in criminal law. The article considers the motives for committing crimes and the factors that affect the crime rate among women.
Keywords: woman, criminal justice, circumstances mitigating punishment, female crime statistics.
Article bibliography
1. Alekseeva E. A. Criminological characteristics of women committing crimes // Psychopedagogy in law enforcement agencies. – 2019. – Vol. 24, No. 4 (79). – P. 469.
2. Kichigina O. Yu. Criminological features of female crime // Theory and practice of social and humanitarian sciences. – 2021. – No. 3 (15). – P. 87.
3. The mask of cuteness:the story of Inessa Tarverdiyeva and the Amazon gang. [Electronic resource]. – Access mode: https://telegra.ph/Maska-milovidnosti-istoriya-InessyTarverdievoj-i-bandy-amazonok-06-30 (date of access: 06.12.2024)
4. Molev G. I. Anisimova M. S. The state and trends of female crime in Russia at the present stage // Science. Society. State. – 2020. – Vol. 8, No. 4 (32). – P. 101.
5. Order of the Judicial Department at the Supreme Court of the Russian Federation dated 08.05.2018 No. 75 “On Amendments to the Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 11, 2017 No. 65, Table and Forms of Statistical Reporting on the Activities of Federal Courts of General Jurisdiction, Justices of the Peace and Criminal Records, Approved by This Order.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_300579/.
6. Petrova E. A. Phenomenon of Psychotrauma: Theoretical Aspect // Bulletin of Novgorod State University. – 2017. – No. 74, Vol. 2.- P. 89-91.
7. Portal of Legal Statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2022/10/31/948099-http://crimestat.ru/genprokuraturazafiksirovala-rost-prestupnosti-sredi-zhenschin (Accessed: 03/09/2025).
8. Rosstat counted the number of men and women in Russia. The result is ambiguous // Mayak. [Electronic resource]. – Access mode: https://mayaksbor.ru/news/society/rosstat_poschital_kolichestvo_muzhch (Accessed: 02/09/2025).
9. Selikhova O. G. Criminological characteristics of female crime // Criminological journal. – 2020. – No. 4. – P. 76.
CRIMINAL LAW
OLIFIRENKO Ekaterina Pavlovna
Ph.D. in political sciences, associate professor of Criminal law and process sub-faculty, North Caucasus State Academy, Cherkessk
THE SPECIFICS OF THE ACTIVITIES OF THE PROSECUTOR’S OFFICE IN THE FIELD OF COUNTERING AND COMBATING JUVENILE DELINQUENCY (ON THE EXAMPLE OF THE KARACHAY-CHERKESS REPUBLIC)
The article examines the specifics of the activities of the prosecutor’s office in the field of combating juvenile delinquency, the tasks and functions of the prosecutor’s office in this area, as well as factors that have a direct impact on the crime rate among adolescents. The author pays attention to the disclosure of issues of legal regulation of this area of prosecutorial supervision, analyzes statistical data on the state of juvenile delinquency. The specifics of the stated problem are revealed by the author using the example of a specific subject of the Russian Federation, the Karachay-Cherkess Republic. The content of the article also outlines a number of areas for further development and improvement of prosecutorial supervision in the field of countering and combating juvenile delinquency.
Keywords: prosecutor’s office, prosecutorial supervision, criminal law, minors, criminal activity, involvement, prevention, counteraction.
Article bibliography
1. Anosov A. A. Complicity of minors in crimes: features of criminal liability and prevention: dis. … candidate of legal sciences: 12.00.08. – M., 2016. – 243 p.
2. Voevodina T. G. Prosecutor’s supervision of the implementation of laws on minors: [monograph]; MCNP “New Science”. – Petrozavodsk, 2019. – 101 p.
3. Korshunova O. N., Nikitin E. L., Lunkov D. A., Serova E. B., Dytchenko G. V. Coordination of the activities of law enforcement agencies in the fight against crime by the prosecutor: a textbook for students in specialist, master’s and additional professional education programs / Under the general editorship of O. N. Korshunova. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2021. – 176 p.
4. Morozova O. V. Activities of the prosecutor’s office to counteract the commission of serious and especially serious crimes by minors // Modern Science. – 2023. – No. 2. – P. 40-44.
5. Vasilyeva T. A., Voevodina T. G., Kachanova O. B., Kovaleva M. G., Nikolaeva T. G., Rokhlin V. I., Sevastyanik I. K. Prosecutor’s supervision over the implementation of laws on minors / Under the general editorship of V. I. Rokhlin. – 2nd ed., corrected. – St. Petersburg, 2005. – 220 p.
6. Dudin N. P., Vasilyeva T. A., Kachanova O. B., Larina N. Ya., Pristanskaya O. V., Salnikova O. V., Serova E. B., Skachkova A. E., Shavrova N. V. Prosecutor’s supervision over the implementation of laws on minors / Head of the auth. col. N. P. Dudin. – SPb.: St. Petersburg Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2009. – 636 p.
7. Khomenko S. M. The nature, goals and objectives of prosecutorial supervision over compliance with laws on minors // North Caucasian Legal Bulletin. – 2020. – No. 3. – P.135-143.
CRIMINAL LAW
PEREZHOGINA Galina Vladimirovna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty, Institute of State and Law, Tyumen State University
TASBAEVA Ainur Nurlanovna
magister student, Institute of State and Law, Tyumen State University
CRIMINAL LIABILITY FOR DRIVING TO SUICIDE IN THE LEGISLATION OF RUSSIA AND KAZAKHSTAN
The article analyzes the features of the regulation of criminal liability for driving to suicide in the criminal legislation of Russia and Kazakhstan. In 2024, the criminal law norm contained in the criminal legislation of the Republic of Kazakhstan was amended, which determined the relevance of the study. Using a comparative approach, the features of technical and legal constructions of norms are considered, the consequence of which is suicide. The authors analyzed the main features of the crime, based on the comparative analysis, conclusions are made necessary for the accurate qualification of the act and distinction from other related crimes.
Keywords: driving to suicide, incitement to suicide, criminal suicide, criminal legislation of Russia, Republic of Kazakhstan.
Article bibliography
1. Ayupov V. Sh. The content of the subjective side of incitement to suicide (Article 110 of the Criminal Code of the Russian Federation) // Bulletin of Tomsk State University. – Law. – 2012. – No. 2. – P. 12-16.
2. Demographic yearbook of Russia. 2023: Stat. collection / Rosstat. – M., 2023. – 256 p.
3. Commentary on the Criminal Code of the Russian Federation for prosecutors (article by article) (ed. by Cand. Sci. (Law) V. V. Malinovsky; scientific editor Prof. A. I. Chuchaev). – M.: “CONTRACT”, 2011.
4. Ryzhov E. V. Problems of determining the method of committing a crime under Article 110 of the Criminal Code of the Russian Federation // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. – 2017. – No. 3. – P. 82-85.
5. Ukolova Yu. A. Problems of qualifying incitement to suicide as a criminal act: dis. … Cand. Sci. (Law). – M., 2008. – P. 114.
6. Tsyrkalyuk A. A. Criminal liability for incitement to suicide: dis. … candidate of legal sciences. – Tambov, 2011. – pp. 31-32.
CRIMINAL LAW
RADCHENKO Marina Eduardovna
senior lecturer of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of a proud person from society sub-faculty, Pskov branch, University of the FPS of Russia
FORCED LABOR IN THE CONTEXT OF THE REALIZATION OF CONVICTS’ RIGHTS
The article discusses such a type of punishment as forced labor. And the institutions where the shocked person is serving the specified type of punishment are also included in the consideration. The current state and number of correctional institutions performing forced labor are described. The occupancy limit of these institutions is described. Statistical data is provided. The article reveals the problems of implementing this type of punishment in practice. The author considers both the positive aspects of the use of this type of punishment and the negative ones. The article will reveal all the advantages of performing forced labor. In addition to the positive aspects, all the nuances that public authorities face when implementing punishment in practice will be indicated. The rights of persons sentenced to serve this type of punishment will be considered.
Keywords: forced labor, correctional center, penal enforcement system, registered persons, law-abiding behavior.
Article bibliographic list
1. Zubova A. O., Simagin A. O. Problems of execution of punishment in the form of forced labor in the Russian Federation // Bulletin of the Samara Law Institute. – 2020. – No. 1 (37). – P. 45-52.
2. Radchenko M. E. On the Distinctive Features of the Legal Status of Persons Sentenced to Forced Labor // The Penal System: History and Modernity: Collection of Materials of the Interuniversity Scientific and Practical Conference, July 31, 2023. – Pskov: Pskov Branch of the University of the Federal Penitentiary Service of Russia, 2023. – P. 166-168.
3. Radchenko M. E. Legal Status of Persons Sentenced to Forced Labor // The Penal System: History and Modernity: Collection of Materials of the Interuniversity Scientific and Practical Conference with International Participation, April 18–19, 2024. – Pskov: University of the Federal Penitentiary Service of Russia, 2024. – P. 249-251.
4. Kovalev O. G. Legal mechanism for the implementation of the right to work of those sentenced to forced labor // Education and Law. – 2024. – No. 8. – P. 359-364.
5. Shcherbakova D. S. On the issue of legal restrictions for those sentenced to forced labor // Bulletin of the Tomsk Institute for Advanced Training of Employees of the Federal Penitentiary Service of the Russian Federationand. – 2022. – No. 3 (13). – P. 108-114.
6. FSIN of Russia. [Electronic resource]. – Access mode: https://versia.ru/fsin-rossii.
CRIMINAL LAW
SEYFETDINOVA Ekaterina Irekovna
Ph.D. in Law, associate professor, associate professor of Criminal law and special disciplines sub-faculty, Moscow University for the Humanities
CRIMINAL LAW COUNTERACTION TO DIGITAL CRIME IN ORDER TO ENSURE THE NATIONAL SECURITY OF THE RUSSIAN FEDERATION
The introduction of digital technologies into various spheres of public life, including law enforcement, requires legal regulation, including the application of criminal law. The Internet and social networks are used by people for personal and public needs, respectively, criminal legislation must be brought into line with the permanent digitalization of the life of society and the state. Information security of the state and society is also ensured by the force of criminal law. Crimes committed using computer programs can be committed on the territory of several states, where the act is committed on the territory of one country (for example, the actions of fraudsters), and the consequences occur in another country, require a rethinking of the effect of the criminal law in space. The issues of criminal law regulation of cryptocurrency, unauthorized access to the websites of state authorities and administration in the Russian Federation, the use of social networks to manage the activities of terrorists remain relevant. Criminal law counteraction to digital crime is necessary to ensure the national security of Russia.
Keywords: criminal law, cybercrime, law enforcement, information security of the state and society, cryptocurrency.
Article bibliography
1. Golovanova N. A., Gravina A. A., Zaitsev O. A. Criminal-jurisdictional activity in the context of digitalization. – M., 2019. – P. 48.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation of 12/15/2022 No. 37 “On certain issues of judicial practice in criminal cases on crimes in the field of computer information, as well as other crimes committed using electronic or information and telecommunications networks, including the Internet.” [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/own/31913/?ysclid=m87k06b5cr201883101.
3. Russkevich E. A. Criminal law and “digital crime”: problems and solutions: monograph. – 2nd ed., revised. and add. M.: INFRA-M, 2022. – S. 9.
4. Agapov P. V., Borisov S. V., Vagurin D. V., Korenyuk A. L., Merkuryev V. V., Pobegaylo A. E., Khaliullin A. I. Counteracting cybercrime in terms of ensuring national security: monograph. – M., 2014. – S. 34.
5. Voronin Yu. A., Kukhtina T. V. Criminal legislation of foreign countries on liability for crimes in the information and digital environment // Bulletin of the South Ural State University. – 2022. – No. 22 (1). – S. 14.
6. Evdokimov K. N. Counteracting computer crime: theory, legislation, practice: dis. … Doctor of Law: 12.00.08. – M., 2022. – P. 52.
CRIMINAL LAW
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
QUALIFICATION OF HOOLIGANISM MOTIVATED BY HATRED OR ENMITY AGAINST ANY SOCIAL GROUP
Based on the analysis of judicial practice, the author considers the issues of qualification of hooliganism committed on the grounds of hatred or enmity against any social group. The signs that a law enforcement officer uses to identify such a group are under investigation. The analysis of some aspects of the qualification of hooliganism as an extremist crime presented in the article made it possible to formulate separate criteria for distinguishing it from other extremist crimes, as well as to identify a number of signs that, in the author’s opinion, it is reasonable to take into account when establishing the type of criminally punishable hooliganism in question.
Keywords: crime, hooliganism, extremist orientation, social group, motive of hatred or enmity.
Article bibliographic list
1. Kiyatkina I. A. Distinction between the motive of religious hatred or enmity and the motive of national hatred or enmity // Gaps in Russian legislation. – 2017. – No. 5. – P. 118-119.
2. Pavlov V. G. On optional features of the subjective side of hooliganism // Leningrad Law Journal. – 2016. – No. 3 (45). – P. 191-201.
3. Sentence of the Dubovsky District Court on barrel No. 1-71 / 2019 dated 06.08.2019. [Electronic resource]. – Access mode: https://actofact.ru/case-34RS0014-1-71-2019-2019-07-01-2-0/. (date of access: 12.02.2025).
4. Verdict of the Central District Court of Voronezh on barrel No. 1-161/2017 dated 05.06.2017. [Electronic resource]. – Access mode: https://actofact.ru/case-36RS0006-1-161-2017-2017-06-13-2-0/. (date of access: 12.02.2025).
5. Verdict of the Central District Court of Omsk on case No. 1-128/2024 1-508/2023 dated 29.01.2024. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/WqDC5XW8MoUY/. (date of access: 12.02.2025).
6. Verdict of the Leninsky District Court of Chelyabinsk in case No. 1-490/2017 dated 03.10.2017. [Electronic resource]. – Access mode: https://actofact.ru/case-74RS0004-1-490-2017-2017-07-03-2-0/. (date of access: 12.02.2025).
CRIMINAL LAW
AGABALAEV Mukhamed Imamedinovich
Ph.D. in Law, Humanities sub-faculty, Rector, Socio-Pedagogical Institute
PROBLEMS OF DISTINGUISHING HOOLIGANISM IN CRIMINAL AND ADMINISTRATIVE LAW
The article examines the problems of distinguishing hooliganism in criminal and administrative law, focusing on the terminology used to describe this offense. The article analyzes the characteristics of the structure of hooliganism in administrative-legal and criminal-legal relations, identifies the key differences between petty and gross hooliganism. The existing shortcomings in the legislation are discussed, including the ambiguity of concepts and the lack of clear criteria for classifying actions as administrative or criminal.
Keywords: Hooliganism, structure of the composition, noise, swearing and swearing.
Article bibliography
1. Agadzhanyan M.A., Manna A.A.K. Problems of qualification of hooliganism // Modern science. – 2014. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kvalifikatsii-huliganstva (date of access: 10.02.2025).
2. Kemova N. N. Development of criminal legislation of Russia providing for liability for hooliganism: from aggravated composition to a generic concept // Man: crime and punishment. – 2016. – No. 2 (93). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-ugolovnogo-zakonodatelstva-rossii-predusmatrivayuschego-otvetstvennost-za-huliganstvo-ot-kvalifitsirovannogo-sostava-k (date of access: 10.02.2025).
3. Kurichkov D. O. Hooliganism: some problems of qualification // Scientific component. – 2022. – No. 2 (14). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/huliganstvo-nekotorye-problemy-kvalifikatsii (date of access: 10.02.2025).
4. Pobedkin S. V. Actual problems of qualification of hooliganism in transport // Law and state: theory and practice. – 2019. – No. 12 (180). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-kvalifikatsii-huliganstva-na-transporte (date of access: 10.02.2025).
5. Savin A. A., Tsvetkova E. V. On hooliganism in Russian legislation // Humanitarian, socio-economic and social sciences. – 2022. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-huliganstve-v-rossiyskom-zakonodatelstve (date of access: 02.10.2025).
CRIMINAL LAW
ALISULTANOVA Sabiyat Alisultanovna
magister student of the 3rd course in the specialty 04/40/01. “Jurisprudence”, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia) in Makhachkala
ADILOV Zaur Adilovich
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) in Makhachkala
THE CONCEPT AND ESSENCE OF THE PRINCIPLE OF JUSTICE AS A BRANCH PRINCIPLE OF CRIMINAL LAW
The article offers an analysis of the ideas that have developed in criminal law science about the concept, content and directions of the implementation of the principle of justice in the norms of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). In the criminal law, this principle is normatively fixed in three main directions. This principle is considered as a fundamental idea that forms the basis of Russian criminal legislation. The article offers some author’s judgments and recommendations aimed at optimizing the understanding and normative consolidation of the principle of justice, taking into account its social content.
Keywords: criminal law, the Criminal Code of the Russian Federation, crime, the principle of justice, criminal punishment, restoration of social justice, criminal responsibility, criminal legal impact, criminal legal relations.
Article bibliography
1. Antonov A. G. On the content of the principle of justice in criminal law // Criminal justice. – 2020. – No. 15. – P. 8-10.
2. Vasiliev O. L. Criminal procedure category “justice” in the legal positions of the Constitutional Court of the Russian Federation // Bulletin of Moscow University. – 2016. – No. 3. – P. 38-46.
3. Kolosovsky O. V. The principle of justice as a unifying principle of encouragement in criminal law // Bulletin of the Russian New University. – 2024. – No. 4. – P. 111-121.
4. Maslov V. A. Declared and true goals of criminal punishment // Lex Russica (Russian law). – 2022. – Vol. 75, No. 12 (193). – P. 55-59.
5. Pudovochkin Yu. E., Pirvagidov S. S. Concept, principles and sources of criminal law: a comparative legal analysis of the legislation of Russia and the countries of the Commonwealth of Independent States. – St. Petersburg: Legal center Press, 2003. – 297 p.
6. Rashidov Sh. T. Problems of implementing the principle of justice in the articles of the special part of the Criminal Code of the Russian Federation // Young scientist. – 2020. – No. 7 (297). – pp. 124-126.
CRIMINAL LAW
ANDREEV Alexander Sergeevich
postgraduate student of Criminal law and process sub-faculty, Ural Institute of Management, Russian Academy of National Economy and Public Service under the President of the Russian Federation Russia, Yekaterinburg
SOME PROBLEMS OF QUALIFICATION BASED ON THE OBJECTIVE SIDE OF THE CRIME PROVIDED FOR IN ARTICLE 332 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (“FAILURE TO COMPLY WITH AN ORDER”)
The article notes the importance of a thorough analysis of the signs of the objective side for a reasonable and correct qualification of the deed. The objective side of the act provided for in Article 332 of the Criminal Code of the Russian Federation is considered through the prism of the latest clarifications of the Supreme Court of the Russian Federation. The problem of excessive use by the legislator of constructions having a purely evaluative character has been discovered, which does not contribute to the unification of law enforcement. An attempt is made to reveal the essence of the category of “order” as one of the key categories in the issue under consideration. It is noted that this concept is not synonymous with “order”. Similarly, a line has been drawn between «significant harm to the interests of the service» in relation to Chapter 33 of the Criminal Code of the Russian Federation and «grave consequences» specified in Part 2 of Article 332 of the Criminal Code.
Keywords: non-fulfillment of orders, serviceman, superior, interests of military service, significant harm, grave consequences.
Article bibliography
1. Bocharova M. A. Crimes against military service: controversial issues and their solutions // E-Scio. – 2020. – No. 12. – P. 58-66.
2. Gruzinskaya E. I., Dolzhikov R. S. Critical analysis of objective features of crimes against military service (Chapter 33 of the Criminal Code of the Russian Federation) // Issues of Russian and International Law. – 2020. – Vol. 10, No. 1A. – P. 189-201.
3. Devyatko A. Yu. Some issues of criminal liability of military personnel for failure to comply with the order of the commander and superior // Russian judge. – 2004. – No. 18. – P. 18-21.
4. Israilov I. I. Certain difficulties in qualifying crimes against the order of subordination and military statutory relationships // Law in the Armed Forces. – 2018. – No. 8. – P. 92-98.
5. Makarov D. B. Criminal-legal characteristics of failure to comply with an order by a military man // Military law. – 2018. – No. 6. – P. 245-249.
6. Ozhegov S. I. Dictionary of the Russian language. – 1023 p.
7. Criminal law of the Russian Federation. General part: Textbook / Under. ed. A. I. Raroga. – M.: Infra-M, 2021. – 876 pp.
CRIMINAL LAW
MAMEDOV Tamiz Saleh oglu
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
WAYS TO IMPROVE CRIMINAL LAW MEASURES FOR VIOLATION OF LABOR PROTECTION REQUIREMENTS IN THE REPUBLIC OF AZERBAIJAN AND THE REPUBLIC OF TURKEY
Compliance with the rights to safe working conditions is an integral part of ensuring the safety of life and health of people and is an important area of state policy. Violation of labor protection requirements can have serious consequences, so the legislation provides for various types of liability for such actions. In this regard, issues related to the improvement of criminal law aimed at labor protection arise. The main objective of this study is a comprehensive study and understanding of criminal law problems of violation of labor protection rules in Azerbaijan and Turkey. The study is aimed at studying the legal consequences of violations of labor protection rules, as well as the effectiveness of existing legal norms and methods of implementing punitive measures.
Keywords: law, labor safety, criminal law, security, Republic of Azerbaijan, Republic of Turkey.
Bibliographic list of articles
1. Azərbaycan Respublikasının Əmək Məcəlləsi. [Electronic resource]. – Access mode: https://eqanun.az/framework/46943.
2. Azərbaycan Respublikasının Cinayət Məcəlləsi. [Electronic resource]. – Access mode: https://eqanun.az/framework/46947.
3. Azərbaycan Respublikasının Konstitusiyası. [Electronic resource]. – Access mode: https://eqanun.az/framework/897.
4. Bünyətov Yunis Heydər oğlu (2003) Əməyin mühafizəsi (məlumat kitabçası). Bakı, ―Adiloğlu‖ -127 səh.
5. Əhmədov Y., Rəhimov T. (2011) İşçilərin sağlamlığı və əməyin təhlükəsizliyi. (Soraq kitabı, II cild) Bakı -453 səh.
6. Kasumov A.M. Labor law. – Baku: Adilogly, 2007. – P. 262.
7. ALPAGUT, Gülsevil: 6331 Sayılı İş Sağlığı ve Güvenliği Kanununun Genel Esasları. İstanbul Üniversitesi Hukuk Fakültesi Mecmuası. 2014.
8. AKI, Erol: 6331 Sayılı İş Sağlığı ve Güvenliği Kanunu ve Çalışma Yaşamına Etkileri. Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi. 2013.
9. İNCİROĞLU, Lütfi: İş Sağlığı ve Güvenliğinde İşçi ve İşverenin Hukuki ve Cezai Sorumlulukları. Legal Yayıncılık, İstanbul, 2008.
10. TÜRK CEZA KANUNU1. [Electronic resource]. – Access mode: https://mevzuat.gov.tr/mevzuatmetin/1.5.5237.pdf.
11. 6331 İş Sağlığı ve Güvenliği Kanunu. [Electronic resource]. – Access mode: https://www.lexpera.com.tr/mevzuat/kanunlar/is-sagligi-ve-guvenligi-kanunu-6331.
CRIMINAL LAW
STAROSELETS Olga Sergeevna
postgraduate student of the 3rd course of Criminal law and process sub-faculty, Petrozavodsk State University
ON THE ISSUE OF THE FORMATION OF MAJOR DAMAGE IN DELIBERATE BANKRUPTCY
Recognizing the relevance of the relationship between legislative regulation and economic realities, especially those that are currently emerging, this scientific article reflects an analysis of the criminal law mechanism governing the procedure for bringing to criminal responsibility for intentional bankruptcy. One of these problems in the aforementioned composition of the crime, which is the subject of this article, is the issue of the formation of large-scale damage. When considering the discussion field in the study of the issue of the limits of major damage in intentional bankruptcy, this article puts forward the main ideas capable of generating unity in views and law enforcement practice.
Keywords: criminal law, crime, intentional bankruptcy, debtor, intent, major damage, the moment of the end of the crime
Article bibliography
1. Deryagina S. V. Criminal bankruptcies under the criminal legislation of the Russian Federation: retrospective and criminal-law analysis: dis. … candidate of legal sciences: 5.1.4. – Ekaterinburg, 2022. – 202 p.
2. Lyaskalo A. N. Damage in bankruptcy crimes // Criminal law. – 2023. – No. 9. – P. 27-40.
3. Govorkov N. M., Terekhov E. V. Large damage in criminal bankruptcy // Legality. – 2013. – No. 11. – P. 44-47.
4. Ermoolovich Ya. N. Lost profit as a socially dangerous consequence of committing a crime // Russian investigator. – 2019. – No. 3. – P. 42-45.
5. Yatselenko B. V., Zhilkin M. G. Damage as a consequence of crimes in the sphere of economic activity // Tax and other economic crimes. Collection of scientific articles. – 2001. – No. 5. – P. 21-32.
6. Lopashenko N. A. Crimes in the Sphere of Economic Activity: Theoretical and Applied Analysis. – M.: Yurlitinform, 2015. – P.96-97.
7. Klepitsky I. A. The System of Economic Crimes. – M.: Statut, 2005. – P. 10.
8. Gutnikov O. V. Tort Liability for Violation of Relative Rights: Development Prospects in Russian Law // Law. – 2017. – No. 1. – P. 22-37.
9. Shmatenko A. A. Damage as an Element of the Objective Side of Criminal Bankruptcies // Russian Investigator. – 2014. – No. 8. – P. 27-32.
10. Tsepov G. V. Damage as an element of the objective side of criminal bankruptcies // Law. – 2016. – No. 8. – P. 98-102.
11. Volzhenkin B. V. Crimes in the sphere of economic activity under the criminal law of Russia. – M.: Publishing house of R. Arsalanova “Legal Center Press”, 2007. – P. 386.
12. Zhilkin M. G. Legal assessment of damage in criminal abuses in the sphere of bankruptcy // Property relations in the Russian Federation. – 2020. – No. 6. – P. 56-64.
CRIMINAL LAW
UDINTSEV Gleb Vladimirovich
postgraduate student, Institute of International Law and Justice, Moscow State Linguistic University
THE NEED FOR CRIMINAL LAW PROTECTION OF CORPORATE GOVERNANCE
This article discusses the need of using criminal law methods to protect corporate governance. The author analyzes the existing corporate governance structure designed to ensure the responsibility of managers to shareholders and maintain a balance of interests between different groups of corporate participants. Special attention is paid to the problems of agency costs and abuse by management, which can harm minority shareholders and the company as a whole. Methods of illegal enrichment through violations of corporate governance, such as excessive payments to management and the conclusion of contracts with affiliated companies, are also being considered. Examples from Russian and foreign judicial practice are given, demonstrating the scale of possible abuses and their consequences for shareholders and the society as a whole. The analysis of the existing gaps, inaccuracies and shortcomings of the legal technique of the norms aimed at protecting corporate governance in the Russian Criminal Code is carried out. The author concludes that the need for criminal protection of corporate governance is quite real.
Keywords: corporate governance, management, shareholders, balance of interests, agency costs, economic crimes, crimes against the interests of service in commercial and other organizations, use of official position.
Article bibliography
1. Actual problems and tasks of corporate law: monograph / Edited by Doctor of Law V. V. Romanova. – M .: Publishing group “Yurist”, 2020. – 240 p.
2. Berezhnoy A. Yu., Marchenko T. V. Features of the concepts: major shareholder, large block of shares, minority shareholder, corporate control // Theoretical aspects of jurisprudence and issues of law enforcement: a collection of articles based on the materials of the II International scientific and practical conference. – M., 2017. – P. 54-55.
3. Bychkov A. Put in a good word for the minority shareholder // EZh-Yurist. – 2014. – No. 27. – P. 12.
4. Gridnev E. V. Legal characteristics of the protection of corporate rights. Education and Law. – 2023. – No. 3. – P. 70-74.
5. Golovanova N. A. Corporate liability: transformation of criminal law regulation // Journal of Foreign Legislation and Comparative Law. – 2022. – No. 2. – P. 82-96.
6. Gutnikov O. V. Corporate liability of participants in commercial corporations: problems and development prospects // Law. Journal of the Higher School of Economics. – 2019. – No. 1.- P. 45–70.
7. Lopashenko N. A. Crimes in the economic sphere (author’s commentary on the criminal law: Section VIII of the Criminal Code of the Russian Federation). – M.: Wolters Kluwer, 2006. – P. 530–566.
8. Medvedev S. S., Terlych I. A. Some problems of applying Article 201 of the Criminal Code of the Russian Federation // Science Time. – 2016. – No. 2 (26). – P. 402–404.
9. Semenov T. V. Criminal-legal prohibitions in the sphere of corporate relations: social conditioning and legislative construction: dis. … Cand. of Law: 12.00.08 / Scientific. hand. V. F. Tsepenev; Nat. res. University “Higher School of Economics”. – M., 2016.
10. Simchenko N. A., Voloshin A. I., Sribny V. I. Corporate social responsibility / Crimean Federal University named after V. I. Vernadsky. – Simferopol: OOO “Publishing House Printing House” Arial “, 2019. – 230 p.
11. Smirnova E. E. Actual issues of tax administration of certain categories of taxpayers // Problems of Economics and Legal Practice. – 2023. – Vol. 19, No. 1. – P. 288-292.
12. Stupina S. A., Sherstyanykh A. S. Members of governing bodies of business entities as subjects of criminal and civil liability for corruption-related crimes // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (36). – P. 144-145.
13. Tukhashvili O. V. Features of the application of Art. 195-197 of the Criminal Code of the Russian Federation for the implementation of criminal liability in the field of bankruptcy // Bulletin of the Magistracy. – 2022. – No. 4-4 (127). – P. 108-111.
14. Azwali S. Corporate Management and its Principles // Financial International Journal of Scientific and Research Publications. – 2022. – No. 12. – P. 103-105.
15. Conlon T., Corbet S. The collapse of the FTX exchange: The end of cryptocurrency’s age of innocence // The British Accounting Review. – 2023. – 348 p.
16. Guillen M. F., Capron L. State Capacity, Minority Shareholder Protections, and Stock Market Development // Administrative Science Quarterly. – 2015. – P. 1-36.
17. Harding Ch., Edwards J. Cartel criminality: the mythology and pathology of business collusion. – London: Burlington, VT: Ashgate, 2015. – 280 p.
18. Jeong D. H., Weidhaas M. Executive Compensation: Mannesmann v. Disney – A Case Study // Comparative Corporate Governance and Financial Regulation. – 2016. – P. 36.
19. Jensen M. C. A Theory of the Firm: Governance, Residual Claims and Organizational Forms // Harvard University Press. – 2023. – 323 p.
20. John C. Coffee Jr. Crime and the Corporation: Making the Punishment Fit the Corporation, J. CORP. – 2022. – No. 47 L. – P. 963.
CRIMINAL PROCEDURE
ABDULLOZODA Parviz Sadullo
Ph.D. in Law, associate professor of Justice and prosecutor`s supervision sub-faculty, Faculty of Law, Tajik National University
THE NOTION, LEGAL NATURE AND TYPES OF INTERNATIONAL COOPERATION IN THE FIELD OF CRIMINAL PROCEEDING
The article deals with current legal issues related to the concept of legal nature and types of international cooperation in the field of criminal procedure in post-Soviet countries. It analyzes the characteristics of a sub-branch of international cooperation in criminal proceedings considering the current tendencies of development of this sub-branch of criminal proceedings and modern threats of the global scale. The author considers the correlation of international cooperation in criminal proceedings and international legal assistance in criminal matters as well as international cooperation in combating crime. It gives a critical assessment of the proposals and conclusions which relate international cooperation in the field of criminal procedure in one form or another to the activities of the fight against crime. The place of international cooperation in the field of criminal procedure, which has inter-branch character in the national legal system as a sub-branch of criminal procedure and in the system of international law as a sub-branch of international criminal procedure, is determined. It is proven that the enormous pace of development of international cooperation in criminal proceedings has contributed to the emergence of new institutions of this cooperation, such as international legal assistance in criminal matters, extradition of persons, transfer of persons, and the formation of the institution of transfer of criminal proceedings. Given the pace of development of international cooperation in criminal proceedings, the author proposes the possibility of the emergence of new sub-institutions within the framework of international cooperation, which require legal regulation of new sub-institutions within the traditional institutions of international cooperation in criminal proceedings.
Keywords: international legal assistance, transfer of criminal proceedings, extradition, transfer of persons, international cooperation, post-Soviet countries, and criminal procedural legislation.
Article bibliography
1. Abdulloev P. S. International cooperation in the field of criminal procedure in post-Soviet states. – M., 2021. – 464 p.
2. Abdulloev P. S. Formation of the institution of transfer of criminal proceedings within the framework of international cooperation in the post-Soviet space // Bulletin of Moscow University. Series 11. Law. – 2015. – No. 12. – P. 76-88.
3. Alekseev S. S. The structure of Soviet law. – M., 1975. – 264 p.
4. Biryukov P. N. International criminal procedural law and the legal system of the Russian Federation: theoretical problems: author’s abstract. diss… doctor of law. – Kazan, 2001. – 42 p.
5. Bykova E. V., Vyskub V. S., Khairullina G. A. Development of the institute of international cooperation in the field of criminal proceedings within the CIS. – M., 2012. – 296 p.
6. Interaction of international and comparative criminal law: textbook / Scientific ed. N. F. Kuznetsova; responsible ed. V. S. Komissarov. – M., 2009. – 288 p.
7. Volevodz A. G. International cooperation in criminal proceedings: concept, features, sources and main forms // Library of a criminalist. Scientific journal. – 2015. – No. 4. – P. 99-117.
8. Volevodz A. G. International cooperation in criminal proceedings: from development trends to an independent theory // Actual problems of comparative and international criminal law: collection of scientific papers: for the 15th anniversary of the Department of Criminal Law, Criminal Procedure and Criminalistics. – M., 2016. – P. 239-273.
9. Volevodz A. G. On one procedural and forensic aspect of international cooperation in criminal proceedings // Criminal proceedings: current state and main areas of improvement. Collection of materials of the International scientific and practical conference dedicated to the 50th anniversary of Doctor of Law, Professor A. V. Grinenko. – M., 2016. – P. 355-362.
10. Volevodz A. G. Legal foundations of new directions of international cooperation in the field of criminal procedure: diss. … Doctor of Law. – M., 2002. – 462 p.
11. Volzhenkina V. M. Provision of legal assistance in criminal cases in the field of international cooperation. – St. Petersburg, 2000. – 112 p.
12. Gardotsky L. M. International cooperation in criminal cases // Social. legality. – 1979. – No. 6. – P. 61.
13. Glotova S. V. Features of international criminal proceedings (on the example of the International Criminal Court) // Russian Law Journal. – 2011. – No. 3. – P. 99-110.
14. Glumin M. P. International legal assistance in criminal cases as an institution of criminal procedural law of Russia: dis. … Cand. of Law. – N. Novgorod, 2005. – 274 p.
15. Gutsenko K. F. International cooperation in criminal proceedings // Criminal procedure: textbook for students of law schools and faculties / Ed. K. F. Gutsenko. – M., 2005. – P. 664-678.
16. Davydova M. V. Grounds and procedure for implementing mutual legal assistance in criminal cases: dis. … Cand. of Law. – M., 2009. – 232 p.
17. Kiselev V. G. Legal assistance in criminal cases in treaties of the USSR with other socialist states: author’s abstract. dis. … candidate of legal sciences. – L., 1978. – 23 p.
18. Course of criminal procedure / Ed. by D.Sc. (Law), prof. L. V. Golovko. – M., 2016. – 1278 p.
19. Lazutin L. A. Legal assistance in criminal cases as a complex formation in international criminal and criminal procedural law: dis. … doctor of legal sciences. – Kazan, 2009. – 434 p.
20. Leshukova I. V. Some aspects of international cooperation under the new Criminal Procedure Code of Ukraine// International criminal law and international justice. – 2013. – No. 1. – P. 18-20.
21. Martens F. F. Modern international law of civilized nations: in 2 volumes. Vol. 1 / Ed. by V. A. Tomsinov. – M., 2008. – 368 p.
22. Martens F. F. Modern international law of civilized nations: in 2 volumes. Vol. 2 / Ed. by V. A. Tomsinov. – M., 2008. – 432 p.
23. Makhniboroda I. M. International procedural law and international legal proceedings: features of interaction: dis. … Cand. of Law. – M., 2011. – 239 p.
24. Mezyaev A. B. Rights of the accused in modern international criminal proceedings (theoretical and practical issues): diss. Doc. of Law. – M., 2013. – 408 p.
25. Milinchuk V. V. Mutual legal assistance in criminal cases: general conditions for provision and forms (current practice and development prospects): diss. Doc. of Law. – M., 2001. – 330 p.
26. Mikhailov V. A. International cooperation in criminal proceedings. – M., 2011. – 160 p.
27. Nersensts V. S. General theory of law and state: textbook for law schools and faculties. – M., 1999. – 552 p.
28. Rabtsevich O. I. International criminal justice bodies. – M., 2008. – 594 p.
29. Samarin V. I. International legal assistance // Belarusian legal encyclopedia: in 4 volumes. Vol. 2. – Minsk, 2009. – P. 211.
30. Tabaldieva V. Sh. Criminal procedural status of subjects of international legal assistance in criminal cases: author’s abstract. diss. … doctor of law. – M., 2005. – 49 p.
31. Ustinov A. V. Interaction of preliminary investigation bodies of the Russian Federation with authorized subjects of foreign states for the purpose of obtaining evidence in a criminal case: monograph / Under the scientific editorship of A. G. Volevodz. – M., 2014. – 200 p.
32. Feoktistova E. E. International cooperation of preliminary investigation bodies in criminal cases: procedural-legal and forensic aspects: author’s abstract. dis. … candidate of legal sciences. – M., 2007. – 27 p.
33. Tsepelev V. F. International cooperation of states in the fight against crime // International criminal justice: Modern problems / Ed. G. I. Bogush, E. N. Trikoz. – M., 2009. – P. 446-458.
34. Shinkevich D. V. Features of proof in criminal cases when providing legal assistance by foreign states: dis. … candidate of legal sciences. – Krasnoyarsk, 2006. – 257 p.
35. Shinkevich D. V. Implementation of criminal prosecution within the framework of international cooperation: textbook. manual. – Krasnoyarsk, 2009. – 68 p.
36. Shupilov V. P. International legal assistance in criminal cases // Sov. state law. – 1974. – No. 3. – P. 85-91.
CRIMINAL PROCEEDINGS
VATUTINA Oksana Yurjevna
senior lecturer of Criminal process and criminology sub-faculty, St. Petersburg State University, lawyer of the NGO “AK “ALIBI”
THE PARTICIPATION OF A SPECIALIST IN PROVING, AS A FORM OF IMPLEMENTATION IN THE RUSSIAN CRIMINAL PROCESS OF A SPECIAL MODEL OF FORENSIC EXAMINATION
This article examines the model of forensic examination implemented in the criminal procedure law of Russia through the prism of building an ideal or theoretical model of forensic examination. The ideal model of forensic examination is determined by the author on the basis of research and comparative analysis of the continental and Anglo-American models of forensic examinations, as well as the model of forensic examination implemented in modern Russian criminal proceedings. The article reveals the ambiguity of the position on the attribution of the Anglo-American model of forensic examination to the adversarial model and its actual inconsistency with the criteria of competitiveness. The features of the continental model of forensic examination are determined. The specifics of the forensic examination model implemented in the modern criminal process of Russia are revealed. The author formulates the essential elements of the ideal model of forensic examination and provides an analysis of existing models of forensic examination based on the presence or absence of its essential elements.
Keywords: forensic examination model, special knowledge, scientific evidence, specialist, proof.
Article bibliography
1. Branovitsky K. L., Rentz I. G., Reshetnikova I. V. Can an expert be trusted or a few words about the guarantees of the quality of forensic examination (comparative legal analysis) // Zakon. – 2019. – No. 10. – P. 43-54.
2. Vinberg A. I. Basic principles of Soviet forensic examination. – M., 1949. – P. 71.
3. Gogel S. K. Jury trial and examination in Russia. – M.: Kniga po Trebovaniyu, 2016. – P. 36.
4. Course of criminal procedure / Ed. by Doctor of Law, Professor L. V. Golovko. 2nd ed., corrected. – M.: Statut, 2017. – P. 506.
5. Polyansky N. N. Evidence in foreign criminal proceedings. Legal Publishing House of the USSR Ministry of Justice. – M., 1946. – P. 124.
6. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings. 3rd ed., revised. and add. – M.: Norma Infra-M, 2013. – P. 21, 22.
7. Samuticheva E. Yu. Expert opinion and its assessment in criminal proceedings (comparative legal study): dis. … candidate of legal sciences. – M., 2015. – P. 55, 57.
8. Damaska M.R. Evidence law adrift. – New Haven & London. 1997. – P. 147.
9. Meintjes-van der Walt L. Expert evidence in the criminal justice process: a comparative perspective. – Amsterdam: Rozenberg Publishers, 2001. – P. 137.
10. Osborn A. The problem of proof. – 1922. – P. 329.
11. Redmayne M. Expert evidence and criminal justice. – Oxford: Oxford University Press, 2001. – P. 210.
CRIMINAL PROCEDURE
DEMICHEVA Tatyana Sergeevna
lecturer-methodologist, Center for Command and Staff Exercises, Academy of Management of the MIA of Russia
CRIMINAL PROCEDURE FORM OF INFORMATION TECHNOLOGY USE: CONCEPT AND PROPERTIES
The article considers the tendencies of improving the criminal procedure form in the context of the development and use of information technology in criminal procedure. The approaches to the concept of criminal procedure form, as well as to the concept of information technology in criminal procedure and their interrelation are analyzed. The author draws attention to the importance of a number of features and conditions of the use of information technology at various stages of criminal proceedings.
Keywords: criminal procedure, information technology, participants in criminal proceedings, consideration of a crime report, conditions of use, digitalization, ensuring the rights of participants in criminal proceedings.
Article bibliography
1. Strogovich M. S. Course of Soviet criminal procedure. Vol. 1. Moscow: Nauka, 1968. Page 51; Yakub M. L. Procedural form in Soviet criminal proceedings. Moscow, 1981.
2. Cheltsov M. A. Soviet criminal procedure. Moscow: Gosyurizdat, 1951. Page 33; Rakhunov R. D. Participants in criminal procedural activity under Soviet law. Moscow: Gosyurizdat, 1961.
3. Bessonov A. A. On the issue of digitalization of criminal proceedings in the Russian Federation // Criminal procedure and forensic science: legal foundations, theory, practice, didactics (on the 75th anniversary of the birth of Professor B. Ya. Gavrilov): a collection of scientific articles based on the materials of the international scientific and practical conference, Academy of Management of the Ministry of Internal Affairs of Russia, November 3, 2023. Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2023. S
4. Golovko L. V. Digitalization in criminal proceedings: local optimization or global revolution? // Bulletin of economic security. 2019. No. 1.
5. Pobedkin A. V, Panfilov P. O. Criminal procedural form of proceedings in cases of crimes in the sphere of economic and entrepreneurial activity. Moscow: Yurlitinform. 2024.
6. Rossinsky S. B. On the “technical” problems of legislative policy in the field of criminal proceedings // Modern global challenges and their neutralization by criminal-legal, criminological and criminal-procedural means: Collection of works based on the materials of the All-Russian scientific and practical conference with international participation within the framework of the III Saratov Legal Forum “Legislative Policy and Law Enforcement in Modern Russia”, Saratov, June 09, 2023. Saratov: Saratov State Law Academy, 2023.
7. Khimicheva O. V., Panfilov P. O. Changes in the criminal-procedural form in the context of digitalization:new risks and opportunities // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2024. No. 1.
CRIMINAL PROCEDURE
ZAGORSKIY Gennadiy Iljich
Ph.D. in Law, professor, professor of N. V. Radutnaya Criminal process law sub-faculty, Russian State University of Justice, honored lawyer of the RSFSR, honored scientist of the RF
COURT RULING ON CONDITIONAL PAROLE OF THE CONVICTED PERSON FROM SERVING THE SENTENCE
The article classifies formal grounds on the gravity of the crime, its category and subject, as a result of which the general and special grounds for conditional release of a highly regarded person from punishment are distinguished. It is discussed that they also influence the substantive grounds for considering the issue. On this basis, individual circumstances are specified that must be proven when making a decision on parole, depending on the subject. It is proposed to divide material grounds into general and special. The content of the requirements of legality, reasonableness and motivation imposed on such a ruling is clarified. On this basis, a conclusion is made about dividing the ruling on the conditional early release of a proud person from serving a sentence into types depending on the formal and material grounds applied.
Keywords: ruling, grounds, formal, severity of crime, category of crime, the subject, material, peculiarities, types.
Bibliographic list of articles
1. Shcherba D. A. Conditional early release from serving a sentence. Questions of theory and practice: dis. …cand. legal Sciences: 12.00.08. – Vladivostok, 2007. – 22 p.
2. Kuleshova N. N., Pantyukhina, I. V. The position of the courts on parole: a current view // Criminal proceedings in Russia and foreign countries: problems and development prospects: materials of the international scientific and practical conference. St. Petersburg, November 29, 2024 / Comp. A. B. Sudnitsyn, M. A. Makarenko, N. V. Lantukh, E. V. Bryanskaya, O. I. Dorovskikh, O. A. Chabukiani. – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2024. – P. 135-141.
3. Stepanov V. V. Problems of the theory and practice of parole (on the example of the Tambov region): dis. … cand. jurid. sciences: 12.00.08. – M., 2009. – 29 p.
4. Radchenko O. V. Some aspects of the application of the institution of parole from serving a sentence // Russian Justice. – 2015. – No. 2. – P. 64-67.
5. Chervotkin A. S. Problems of judicial practice in considering petitions for parole of persons serving sentences // Criminal law. – 2015. – No. 3. – P. 131-138.
6. Military criminal law of the Russian Federation. General and special parts: textbook / Edited by O. K. Zatelepin, S. N. Sharapov. – M.: Granitsa, 2024. – 682 p.
7. Gromov V. G. Conditional early release of persons sentenced to life imprisonment // Modern law. – 2024. – No. 3. – P. 133-136.
8. Blagov E. V. Release from punishment (traditions, realities, prospects): monograph. – M.: Yurlitinform, 2023. – 400 p.
CRIMINAL PROCEEDINGS
KULEV Alexander Gennadjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty, P. G. Demidov Yaroslavl State University
DECISIONS OF THE PROSECUTOR IN A CRIMINAL CASE RECEIVED WITH THE FINAL ACT OF THE PRELIMINARY INVESTIGATION, AS AN INDEPENDENT STAGE OF CRIMINAL PROCEEDINGS
The article analyzes the institution of the prosecutor’s decision in a criminal case that was received with the final act of the preliminary investigation (Chapters 31, Articles 226 and 2268 of the Criminal Procedure Code of the Russian Federation). The author comes to the conclusion that these provisions of the Criminal procedure Law represent an independent stage of criminal proceedings. Evidence in favor of this thesis is: 1) the presence of their own tasks; 2) an independent circle of subjects; 3) a peculiar procedural form (procedure); 4) special final procedural decisions. Due to the uniform procedural nature, the mentioned norms are subject to consolidation into one chapter of the Code.
Keywords: prosecutor’s actions, final act, supervisory function, direction of the case, indictment, indictment, indictment, prosecutor’s decisions, stage of the criminal process.
Article bibliography
1. Actual problems of criminal procedural law / Ed. O. V. Khimichev, O. V. Michurin. – M .: UNITY-DANA, 2014. – 303 p.
2. Belkin A. R. Criminal Procedure Code of the Russian Federation: to cancel or amend? In 3 vols. Vol. II. – M.: Yurlitinform, 2023. – 448 p.
3. Burov Yu. V. Procedural order of completion of preliminary investigation with compiledindictment: Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2011. – 27 p.
4. Dikarev I. S. On the unification of the procedural form of referring criminal cases to court // Legality. – 2017. – No. 8. – P. 53-56.
5. Zimenkov A. A. Return of a criminal case by the prosecutor to the investigator: an old institution with new problems // SPS “Consultant Plus”.
6. Kovtun N. N. Formation of public prosecution as an independent stage of criminal proceedings in Russia // Journal of Russian Law. – 2019. – No. 9. – P. 123-137.
7. Commentary on the Criminal Procedure Code of the Russian Federation / Under the general editorship of O. S. Kapinus. – M.: Prospect, 2020. – 1136 p.
8. Course of criminal procedure / Ed. L. V. Golovko. – M.: Statut, 2016. – 1280 p.
9. Lupinskaya P. A. Decisions in criminal proceedings: theory, legislation, practice. – 3rd ed. – M.: NORMA: INFRA-M, 2015. – 240 p.
10. Malov A. A. Practical recommendations for the study by the prosecutor of the materials of a criminal case received with an indictment (act, resolution) // SPS “Consultant Plus”.
11. Maslova D. A. Initiation and support of public prosecution in Russian criminal proceedings: Abstract of a PhD thesis. – Voronezh, 2008. – 22 p.
12. Milikova AV, Rossinsky SB Criminal procedural acts of preliminary investigation bodies. – M.: Yurlitinform, 2021. – 160 p.
13. Minkovsky GM Completion of the preliminary investigation and the right of the accused to defense. – M.: Gosyurizdat, 1957. – 211 p.
14. Ozhegov SI Explanatory dictionary of the Russian language / Ed. L. I. Skvortsova. 27th ed., corrected. – M.: AST Publishing House: Peace and Education, 2017. – 736 p.
15. Smirnov AV, Kalinovsky KB Criminal procedure: author’s course. – M.: Eksmo, 2022. – 368 p.
16. Criminal Procedure Law of the Russian Federation: textbook / Ed. P. A. Lupinskaya, L. A. Voskobitova. – 3rd ed. – M.: NORMA: INFRA-M, 2013. – 1008 p.
17. Yurkevich N. A. Intermediate proceedings in the criminal procedure system of Russia. History, theory and practice, development prospects. – Tomsk: Tomsk University Publishing House, 2009. – 372 p.
CRIMINAL PROCEEDINGS
LIFANOVA Liliya Gennadjevna
Ph.D. in Law, associate professor, professor of Criminology sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
LYUBOZHENKO Igor Anatoljevich
associate professor of Criminal law disciplines and criminalistics sub-faculty, Donetsk branch, Volgograd Academy of the MIA of Russia, lieutenant colonel of police
ON THE ISSUE OF THE ESSENCE OF THE TERMINATION OF CRIMINAL PROSECUTION
The initiation of a criminal case and the fact of bringing a particular person to criminal responsibility does not always end with a conviction. In the course of the investigation, situations of unjustified involvement of a citizen in the circle of criminal procedural relations as a suspect or accused may be established, the fact of the inexpediency of transferring a criminal case to a court for its substantive resolution may be established, or imperative requirements of the law on the need to terminate further pre-trial proceedings may be found. In the article, the authors substantiate the position that the termination of criminal prosecution does not always mean the resolution of a criminal conflict, and making such a decision may significantly restrict the rights and legitimate interests of other participants in criminal proceedings.
Keywords: humanization of criminal policy, criminal prosecution, termination of a criminal case, termination of criminal prosecution, grounds for termination of a criminal case (criminal prosecution)
Bibliographic list of articles
1. Report of the Chairman of the Supreme Court of the Russian Federation I. L. Podnosova at the plenary session of the Council of Judges of the Russian Federation on December 3, 2024. [Electronic resource]. – Access mode: // https://www.vsrf.ru/press_center/news/34065/.
2. Lifanova L. G. Termination of criminal prosecution due to non-involvement of the suspect or accused in the commission of a crime: dis. … Cand. of Law. – M., 2005.
3. Zhogin N. V., Fatkullin F. N. Preliminary investigation in Soviet criminal proceedings. – M.: Yurid, 1965.
4. Davydov P. M., Mirsky D. Ya. Termination of criminal cases in the Soviet process. – M.: Gosyurizdat, 1965.
5. Sheifer S. A. Termination of a case in Soviet criminal proceedings: author’s abstract. dis. … candidate of legal sciences. – M., 1963.
6. Azimzoda Sh. D. Termination of a criminal case and criminal prosecution at the stage of preliminary investigation under the criminal procedural legislation of the Republic of Tajikistan: dis. … candidate of legal sciences. – Volgograd, 2023.
7. Lavnov M. A. Institute of termination of a criminal case in the system of criminal procedural law and law enforcement practice: dis. … candidate of legal sciences.sciences. – Saratov, 2015.
8. Resolution of the Constitutional Court of the Russian Federation of July 18, 2022 No. 33-P “On the case of verifying the constitutionality of part two of Article 27 of the Criminal Procedure Code of the Russian Federation and paragraph “c” of part one of Article 78 of the Criminal Code of the Russian Federation in connection with the complaint of citizen V. A. Rudnikov.” [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
9. Bulyko A. N. Modern dictionary of foreign words. More than 25 thousand words and phrases. – M.: “Martin”, 2004.
CRIMINAL PROCEDURE
MAKAROV Alexander Petrovich
senior lecturer of Law studies sub-faculty, Sevastopol Institute of Economics and Humanities (branch), V. I. Vernadsky Crimean Federal University, Prosecutor of the department for supervision of observation of the rights of entrepreneurs of the office for supervision of observation of federal legislation of the prosecutor’s office of Sevastopol
USE OF THE RESULTS OF OPERATIVE SEARCH ACTIVITIES IN THE TRIAL IN CRIMINAL CASES OF CORRUPTION (BASED ON MATERIALS OF THE REPUBLIC OF CRIMEA AND THE CITY OF SEVASTOPOL
The article examines the theoretical and legal foundations for using the results of operational-search activities in the process of proving in criminal cases of a corruption nature, including criminal cases of bribery. A legal analysis of the admissibility of using the results of operational-search activities in criminal proceedings as evidence in a criminal case is carried out.
Based on the results of the study, regional features of the courts’ interpretation of the use of operational investigative measures in criminal cases of corruption and determining the admissibility of their use were identified.
Keywords: evidence, admissibility of evidence, algorithm of admissibility of evidence, bribery, results of operational-search activities, regional features of the fight against corruption, counteraction to corruption.
Bibliographic list of articles
1. Belkin A. R. Theory of evidence. Scientific and methodological manual. – M.: NORMA Publishing House, 1999. – 429 p.
2. Vorobyova Yu. Yu. Modern problems of proof in criminal proceedings: dis. … doctor of law: 12.00.09. – M., 2017. – 187 p.
3. Aleksandrov A. S., Kukhta A. A., Abdullaev Ya. D. Operational support for maintaining the state prosecution in court // Practical law. – 2007. – No. 1.
4. Garmaev Yu. P. Algorithm for checking the results of operational-search activities by an investigator, prosecutor (a forensic scientist’s view) // Bulletin of Tula State University. Economic and legal sciences. – 2022. – No. 1. – P. 23-32.
CRIMINAL PROCEDURE
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
A LEGAL ASSESSMENT OF THE ACTIONS OF PRISON OFFICERS IN CRIMINALIZING CONVICTS SERVING SENTENCES IN PLACES OF DEPRIVATION OF LIBERTY AND COUNTERACTION MEASURES
There has always been public outcry and outrage towards torture and bullying in society in order to prevent such facts, especially if such actions occur by law enforcement officers in the law enforcement system. In order to stop such criminal acts and preventive measures, the legislator has developed amendments and introduced them into the Criminal Code of the Russian Federation.
Keywords: torture, bullying, amendments to the criminal law, punishments, human rights defenders, correctional institutions, history of legislation, punitive policy.
Article bibliography
1. Criminal Code of the Russian Federation of 14.07.2022 No. 307-FZ (as amended and supplemented as of October 1, 2024, Article 286 of the Criminal Code of the Russian Federation). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Criminal Code of the Russian Federation of July 14, 2022 No. 307-FZ (with amendments and additions as of October 1, 2024, Art. 302 of the Criminal Code of the Russian Federation). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Criminal Code of the Russian Federation of July 14, 2022 No. 307-FZ (with amendments and additions, Art. 286, Part 4 and Art. 302, Part 3 of the Criminal Code of the Russian Federation). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Order of the USSR Ministry of Internal Affairs No. 0068 of April 4, 1953 “On the prohibition of the use of any coercive measures and physical influence on those arrested.” [Electronic resource]. – Access mode: https://constitutions.ru/?p=6994.
CRIMINAL PROCEEDINGS
POPOVA Anastasiya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Human resources and personnel management in law enforcement agencies sub-faculty, All-Russian Institute for Advanced Training of Employees of the MIA of Russia
ABDRAKHMANOVA Alsu Ramazanovna
senior researcher at the Scientific Research Department, All-Russian Institute for Advanced Training of Employees of the MIA of Russia
BURKOVA Marina Alexeevna
Head of Human resources and personnel management in law enforcement agencies sub-faculty, All-Russian Institute for Advanced Training of Employees of the MIA of Russia
PUBLIC OPINION AS AN INDICATOR OF THE INTERACTION OF LAW ENFORCEMENT OFFICERS WITH CIVIL SOCIETY INSTITUTIONS
The issues of cooperation between law enforcement agencies and civil society institutions in the Russian Federation are considered. Attention is focused on the importance of constructive cooperation between them. The article focuses on monitoring opinions about the work of law enforcement agencies, which is necessary not only for the objectivity of police activities, but also to stimulate an active civic position, as well as for fruitful cooperation between the population and law enforcement agencies of the Russian Federation. It is noted that civil society institutions are a priority resource through which consistent counteraction to crime and other illegal actions is ensured.
Keywords: cooperation, law enforcement agencies, civil society institutions, public opinion.
Article bibliography
1. Civil society / Textbook. Moscow: Publishing group “Yurist”, 2016. P. 397.
2. Sigalov K. E. Civil society in Russia and abroad. 2021. No. 3. P. 15-18.
3. Some issues of bringing to administrative responsibility for insult // Bulletin of the All-Russian Institute of Advanced Training of the Ministry of Internal Affairs of Russia. 2021. No. 4 (60). P. 30-35.
4. Analytical review of the Federal State Budgetary Institution “All-Russian Research Institute of the Ministry of Internal Affairs of Russia” “Assessment of the activities of internal affairs bodies by sociological services”. 2023.
5. On the issue of qualification requirements for candidates for service in the internal affairs bodies of the Russian Federation // Bulletin of the All-Russian Institute of Advanced Training of the Ministry of Internal Affairs of Russia. 2021. No. 8. P. 165-167.
CRIMINAL PROCEEDINGS
KHANOV Talgat Akhmatzievich
Ph.D. in Law, professor, Director of the Research Institute of Economic and Legal Research, Karaganda University of Kazpotrebsoyuz
INVESTIGATION OF CRIMINAL OFFENSES IN PROTOCOL FORM: EXPERIENCE OF THE REPUBLIC OF KAZAKHSTAN
The article is devoted to the analysis of the features of pre-trial investigation of criminal cases in the protocol form in Kazakhstan. The work draws attention to the fact that many criminal procedural rules do not correspond to modern realities, which makes their reform relevant. The author analyzes the current norms of criminal procedural legislation regulating the procedure for considering criminal cases in the protocol form and their impact on the investigation process. The problems arising from the uncertainty of the boundaries between different forms of investigation and the insufficient effectiveness of the protocol form itself, which often leads to violations of the rules and procedural difficulties, are pointed out. The article includes an analysis of statistical data demonstrating an increase in the number of cases terminated on rehabilitating grounds, which the author interprets as an indicator of the ineffectiveness of the protocol form of investigation. Issues related to compliance with the investigation deadlines and procedural logic are also discussed. The conducted study raises the question of the advisability of maintaining the protocol form in criminal proceedings and proposes to revise approaches to criminal procedural practice in order to improve the quality and increase the effectiveness of pre-trial investigation.
Keywords: criminal proceedings, forms of investigation, inquiry, investigation, protocol form, investigation periods, jurisdiction, prosecutor, violation of legislation, legal statistics.
Article bibliography
1. Abdul’dinov R. O. Actual aspects and problematic issues of the protocol form of pre-trial investigation of criminal offenses of the new criminal procedure code of the Republic of Kazakhstan // Actual scientific research in the modern world. – 2021. – No. 11-5 (79). – P. 14-17.
2. Abdul’dinov R. O., Khanov T. A. Genesis of the protocol form of pre-trial investigation in the criminal procedure legislation of the Republic of Kazakhstan // Russian-Asian Legal Journal. – 2021. – No. 2. – P. 32-37.
3. Alekseeva V. V. Protocol form of pre-trial investigation of criminal cases of the Republic of Kazakhstan and prospects for its application in the Russian Federation // Actual problems and prospects for the development of the legal system of Kazakhstan. Materials of the internationalnative scientific and practical conference dedicated to the 110th anniversary of the birth of the Minister of Internal Affairs of the Kazakh SSR, statesman and public figure, Lieutenant General of the Internal Service Sh.K. Kabylbaev and the 20th anniversary of the capital of the Republic of Kazakhstan – Astana. – 2018. – P. 246-248.
4. Gavrilov B. Ya. Inquiry in abbreviated form: legislative myths and realities of law enforcement // Baikal Research Journal. – 2014. – No. 6. – P. 21-28.
5. Zaitsev A.A. A fresh look at the order proceedings and proceedings in cases of criminal offenses in the Republic of Kazakhstan // Forensic science: yesterday, today, tomorrow. – 2021. – No. 2 (18). – P. 180-188.
6. Karneeva L., Yakubovich N., Mikhailova T. On the protocol form of pre-trial preparation of materials // Socialist legality. – 1985. – No. 5.
7. Kenenbaev E. A. Forms of pre-trial proceedings in criminal proceedings in Russia and Kazakhstan // Russian justice. – 2018. – No. 2 (142). – P. 80-89.
8. Kenenbaev E. A. Protocol form in pre-trial criminal proceedings: prospects for application in Russia // Criminal procedure. – 2018. – No. 1 (157). – P. 88-92.
9. Koyshubaeva A.K., Khanov T.A. The relationship between legality and morality in the context of reforming criminal procedural forms of investigation in the Republic of Kazakhstan // Bulletin of the Academy of Law Enforcement Agencies under the Prosecutor General’s Office of the Republic of Kazakhstan. – 2023. – No. 4 (30). – P.117-129.
10. Martynchik E.G., Milushev D.V. Preliminary proceedings in socialist criminal proceedings / Ed. Yu.N. Todyka. – Chisinau, 1986. – 128 p.
11. Mozhaeva I.P., Shulgin E.P. The relationship between the criminal procedural form and electronic pre-trial proceedings (based on the materials of the Republic of Kazakhstan) // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (44). – P. 255-260.
12. Muruzidi A. V. Protocol form of inquiry as a possible procedural form of proceedings in the consideration of cases falling under the category of criminal offenses // Vector of Science of Togliatti State University. – 2019. – No. 4 (39). – P. 51-56.
13. Nasonova I. A., Zotova M. V. Protocol form of pre-trial preparation of materials as a basic model for inquiry in an abbreviated form // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P. 47-53.
14. Prokopova A. A. Protocol form of pre-trial preparation of materials as a possible model of accelerated proceedings (taking into account the experience of the Republic of Kazakhstan) // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (84). – P. 55-63.
15. Solodovnik V. V. Protocol form of pre-trial preparation of materials as the main prospect for simplifying proceedings in criminal cases // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2022. – No. 4. – P. 50-56.
16. Suleimen D. D., Avenov T. K. Forms of pre-trial investigation in the Republic of Kazakhstan: ways and prospects for improvement // Trends in the development of science and education. – 2021. – No. 78-3. – P. 140-145.
17. Churkin A. V. Problems of improving pre-trial preparation of materials in protocol form: dis. … Cand. of Law: 12.00.09. – M., 1993.
18. Shaidullina E. D. Inquiry in abbreviated form and protocol form of pre-trial preparation of materials of a criminal case: comparative legal analysis // Altai Law Bulletin. – 2017. – No. 4 (20). – P. 128-130.
19. Tsyretorov A. I. Prospects for consolidating the institution of a criminal misdemeanor in domestic legislation: criminal procedural aspect // Lex Russica / Russian law. – 2022. – Vol. 75, No. 10 (191). – P.113-122.
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” // Materials of the All-Russian interdepartmental scientific and practical conference. – 2016. – No. 2. – P. 16-17.
2. Grabyev V. A. Some problematic issues in the selection of 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, NITs 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: 11.23.2024).
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 PROCEDURE
OLINOVICH Roman Alexeevich
investigator of the investigative unit for the investigation of organized criminal activities of the investigative department of the East Siberian Department of the MIA of Russia on transport
GROZIN Sergey Yurjevich
Ph.D. in Law, associate professor, professor of State and legal disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
INTERPRETER’S PARTICIPATION IN CRIMINAL PROCEEDINGS: THEORETICAL AND PRACTICAL ASPECTS
This article discusses the key issues of the translator’s participation in criminal proceedings. The existence of practical problems related to the participation of the translator in the criminal case is justified. The authors note the lack of a unified approach to the issue of providing and refusing to provide an interpreter among law enforcement officers. Determination of the qualifications required for translation in criminal proceedings. Separately, the problem related to the payment of translator services was revealed. Some vectors for solving existing practical problems have been proposed.
Keywords: translator, criminal process, translation in a criminal case, translator in criminal proceedings.
Article bibliography
1. Bezruchenkov M. V. Translator as a participant in criminal proceedings in the Russian Federation // Politics, state and law. 2014. No. 9. [Electronic resource]. – Access mode: https://politika.snauka.ru/2014/09/1895 (date accessed: 10.09.2024).
2. Volosova N. Yu., Shmeleva E. S. On the problem of determining the competence of an interpreter in criminal proceedings // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2018. No. 3 (86). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-probleme-opredeleniya-kompetentsii-perevodchika-v-ugolovnom-sudoproizvodstve (date accessed: 22.12.2024).
3. Zagoryan S. G., Misnik I. V. Interpreter and his role in modern Russian criminal proceedings // Humanitarian, socio-economic and social sciences. 2024. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perevodchik-i-ego-rol-v-sovremennom-rossiyskom-ugolovnom-sudoproizvodstve (date of access: 12/22/2024).
4. Zelensky V. D., Shvets S. V. Some issues of judicial translation // Society and Law. 2014. No. 2 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-sudebnogo-perevoda (date of access: 22.12.2024).
5. Criminal Procedure Code of the Republic of Belarus of July 16, 1999 No. 295-Z (with amendments and additions as of 08.01.2024) [Electronic resource]. – Access mode: https://online.zakon.kz/m/app/document/?doc_id=30414958&sub_id=600000&pos=1064%3B-79%23pos%3D1064%3B-79 (date of access: 22.12.2024).
6. Shagbanova H. S. Place and role of an interpreter in criminal proceedings // Education and Law. 2021. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mesto-i-rol-perevodchika-v-ugolovnom-protsesse (date of access: 20.12.2024).
CRIMINAL PROCEEDINGS
RUDENKO Darya Alexeevna
postgraduate student, Law Faculty, St. Petersburg State University; lawyer of the St. Petersburg Bar Association «Lenrezerv»,
ON THE ISSUE OF THE DIRECTIONS OF THE DEFORMATION OF CRIMINAL PROCEEDINGS IN THE CONTEXT OF THE DEVELOPMENT OF DIGITAL TECHNOLOGIES
In the article, the author conducts a comprehensive study of the directions of the deformation of criminal proceedings through the prism of trends in the development of digital technologies. Within the framework of the model of deformalization of criminal proceedings, the division of its conceptual elements into four functional groups is proposed. Based on an empirical base, the author suggests a systematization that includes: elements of a communication nature, elements that serve the purpose of ensuring the legal status of participants in criminal proceedings, elements of storing and presenting the collected evidentiary information, “auxiliary” elements aimed at reducing routine processes. The author suggests choosing the path of digitalization of criminal proceedings by creating a model of an ecosystem of state information and automated systems in the field of criminal proceedings with a core in the form of an electronic criminal case divided into modules.
Keywords: deformalization, criminal justice, digital technologies, reform, electronic criminal case, ecosystem.
Article bibliography
1. Zazulin A. I. Functions of digital information and technology in criminal proceedings // Siberian Legal Review. – 2020. – No. 1. – P. 75-82.
2. Zuev S. V., Nikitin E. V. Information technology in solving criminal procedural problems // All-Russian Criminological Journal. – 2017. – No. 11 (3). – P. 587-595.
3. Konin V. V., Kudryavtseva A. V., Petrov A. V. Criminal case – transition from paper to digital format // Bulletin of Tomsk State University. Law. – 2022. – No. 45. – P. 81-99.
4. Latypov V. S. Assistance to justice as an independent criminal procedural function // All-Russian Criminological Journal. – 2021. – No. 6. – P. 786-796.
5. Semenov V. A. Digital technologies in domestic criminal proceedings // Legal Bulletin of Kuban State University. – 2022. – No. 14 (4). – P. 97-105.
6. Khaliullina L. G. Electronic form of procedural documents in criminal proceedings: problems of theory and practice // Law and order: history, theory, practice. – 2016. – No. 4 (11). – P. 75-79.
CRIMINAL PROCEDURE
SIVORAKSHA Valeriya Valentinovna
adjunct, Faculty for the Preparation of Scientific-Pedagogical and Scientific Personnel, V. Ya. Kikot Moscow University of the MIA of Russia
GENERAL RULES FOR EXTENDING THE PROCEDURAL TERMS IN PRE-TRIAL CRIMINAL PROCEEDINGS
The article examines the general rules for extending criminal procedural deadlines in pre-trial stages as a set of procedural guarantees for ensuring the rights of participants in criminal proceedings and procedural requirements imposed by law on the procedure for extending, united by a common meaning and their inherent similar features. The author has developed a list of general rules, compliance with which is necessary in each case of extending procedural deadlines in pre-trial proceedings.
Keywords: criminal proceedings, pre-trial proceedings, procedural term, extension of the procedural term, procedural requirements, procedural guarantees.
Article bibliography
1. Polukhin V. M. Procedural means of ensuring a reasonable time limit for criminal proceedings by the court: diss. … Cand. of Law. – Nizhny Novgorod, 2022. – 225 p.
2. Criminal procedure: a textbook for students of higher educational institutions studying in the specialty 030501 “Jurisprudence”. – M.: Eksmo, 2009. – 735 p.
3. Urban V. V. Implementation of the principle of a reasonable time for criminal proceedings: abstract of dis. … candidate of legal sciences. – M., 2013. – 24 p.
4. Criminal procedural law of the Russian Federation: textbook / Responsible. editor P. A. Lupinskaya. – 2nd ed., revised. and enlarged. – M.: Norma, 2009. – 1072 p.
5. Satdinov L. V. Criminal procedural guarantees of the objectivity of the preliminary investigation: dis. … candidate of legal sciences: 12.00.09. – M., 2021. – 34 p.
6. Rubchenko S. O. Procedural and legal regime of legal activity: issues of theory and practice: abstract of dis. … Cand. of Law: 12.00.01. – Kazan, 2012. – 22 p.
7. Alontseva E. Yu. On the issue of the system of investigative actions under the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the Republic of Azerbaijan (comparative legal analysis) // International criminal law and international justice. – 2015. – No. 4. – P. 15-18.
8. Gorlenko S. V. General conditions of preliminary investigation in criminal proceedings (concept, history and modernity): dis. … Cand. of Law. – Moscow, 2000. – 237 p.
9. Nikandrov V. I. General conditions of preliminary investigation in Soviet criminal proceedings: author’s abstract. dis. … Cand. of Law. – M., 1973. – 20 p.
10. Pavlov N. E. General conditions of preliminary investigation: a tutorial. – M.: Academy of the Ministry of Internal Affairs of the USSR, 1982. – 64 p.
11. Sumin A. A. Problems of ensuring the constitutional rights of citizens in the context of differentiation of preliminary investigation // 20th anniversary of the Constitution of the Russian Federation. Formation, problems and development trends: a collection of articles. – M.: UNITY-DANA: Law and Right, 2014. – P. 210-214.
12. Stelmakh V. Yu. Procedural deadlines in criminal proceedings: a tutorial for universities. – M.: Yurait, 2020. [Electronic resource]. – Access mode: https://studme.org/395656/pravo/obschee_ponyatie_prodleniya_vosstanovleniya_ustanovleniya_protsessualnyh_srokov_presekatelnye_sroki_probl.
CRIMINAL PROCEDURE
SHMATOVA Ekaterina Vasiljevna
adjunct, Faculty of Scientific and Pedagogical Personnel Training, Academy of the FPS of Russia
THE IMPORTANCE OF COURT DECISIONS IN THE REGULATION OF CRIMINAL ENFORCEMENT RELATIONS
Court decisions act as a regulator of penal enforcement relations, they fix the balance between the rights and duties of convicts, characterize specific public interests. This article reveals the specifics of judicial decisions within the penal system, as well as their indirect social impact on the convict. The emphasis is on analyzing the essence of judicial acts, as well as specifying their functions aimed at ensuring legality and fairness. Thus, the role of judicial decisions in the formation of relevant law enforcement practice is also characterized.
Keywords: court decisions, criminal case, criminal proceedings, criminal executive legal relations, judicial control.
Bibliographic list of articles
1. Criminal Executive Code of the Russian Federation dated January 8, 1997 No. 1-FZ (as amended on October 25, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Resolution of the Constitutional Court of the Russian Federation of 05/22/2023 No. 25-P “On the case of verifying the constitutionality of part three of Article 77.1 of the Criminal Executive Code of the Russian Federation in connection with the complaint of citizen M. V. Piskarev.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_447763/?ysclid=m890yg0dxq510498084.
3. RF Government Resolution No. 1358 of 24.10.1997 “On the procedure for providing food or money during travel to the place of residence of convicts released from serving their sentences.” – Collected Legislation of the Russian Federation. – 1997. – No. 44. – Art. 5074.
4. Decision No. 2-3919/2021 2-3919/2021~M-3315/2021 M-3315/2021 of July 30, 2021 in case No. 2-3919/2021. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/GAv0YgzNitV5/?ysclid=m8910pxihk366797834.
5. Dzhamaeva A. M. Concept, properties and types of court sentence in criminal proceedings in Russia // Law and Right. – 2023. – No. 12. – P. 187-190.
6. Lupinskaya P. A. Decisions in criminal proceedings: theory, legislation, practice [Electronic resource]: monograph. – 3rd ed., Stereotype. – Moscow: Norma: INFRA-M, 2023. – 240 p. (date accessed: 10.03.2024).
7. Nesterov A. Yu. Social significance of the probation institution in Russia: domestic and foreign experience // Power. – 2017. – V. 25, No. 11. – P. 111-115.
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor, Head of Regime, security and escort in the penal system sub-faculty, Samara Law Institute of the FPS of Russia
BOBROVA Viktoriya Olegovna
cadet, Samara Law Institute of the FPS of Russia
BEREGNAYA Polina Vitaljevna
cadet, Samara Law Institute of the FPS of Russia
ESTABLISHMENT OF THE LEGAL STATUS OF ESCORTED PERSONS WHEN MOVING THEM ALONG PLANNED ROUTES BY SPECIAL UNITS OF THE PENAL ENFORCEMENT SYSTEM FOR ESCORTING
This topic is relevant due to the need to ensure a balance between the security of society and the protection of human rights. Escorting convicts and persons in custody is a complex process that requires clear legal regulation to ensure respect for both the rights of escorted persons and the safety of law enforcement officers. The paper considers issues related to the legal status of escorted persons, taking into account the specifics of escorting along planned routes, which makes it possible to make a new contribution to the study of this issue. In this study, the authors analyzed the existing legislation regulating the legal status of escorted persons along planned routes by special units of the penal enforcement system for escorting, identified problems and formulated proposals for its improvement. The results of the study can be used to improve legislation regulating the process of escorting
Keywords: legal status, escorting, rights, duties, employees of the penal enforcement system, planned routes, escort units.
Bibliographic list of articles
1. Dolinskaya V. V. Legal status and legal personality // Laws of Russia: experience, analysis, practice. – 2012. – No. 2. – P. 6-17.
CRIMINAL-EXECUTIVE LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
THE MANIFESTATION OF PARTICULARLY DANGEROUS CRIMES IN THE FORM OF A TERRORIST ACT AND HOSTAGE-TAKING IN THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION: CAUSES, COUNTERACTION MEASURES, STATEMENT OF FACTS
This article reveals the true reasons for the commission of particularly dangerous penitentiary crimes in the form of hostage-taking and terrorist acts, as well as the emergence of cells in the form of a jamaat in places of detention as a community for the study of radical Islam and the preparation of accomplices for more daring and dangerous crimes in society. The reasons for combating this social evil and counteraction measures are mentioned.
Keywords: terrorism, jamaats, penitentiary crimes, counteraction measures, corruption, impunity, places of imprisonment, hostage-taking.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 28.02.2025). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”. – Articles 321, 205, 206, 222.
2. RIA Novosti of 17.06. 2024 [Electronic resource]. – Access mode: https://ria.ru/20240617/?ysclid=m8g6ztppka612832866.
3. Info24 from 17.06. 2024 [Electronic resource]. – Access mode: https://news.rambler.ru/community/52938601-milonov-raskryl-glavnuyu-prichinu-zahvata-zalozhnikov-v-rostovskom-sizo/?ysclid=m8g73shvvg297032894.
CRIMINAL-EXECUTIVE LAW
SECHKOVA Lyubov Mikhaylovna
adjunct, Faculty of Scientific and Pedagogical Personnel, Academy of the FPS of Russia
ANALYSIS OF THEFACTORS INFLUENCING THE GROWTH OF ADMINISTRATIVE CASES RELATED TO INADEQUATE CONDITIONS OF DETENTION
The article analyzes the current state of the penal system of the Russian Federation. The regulatory and legal regulation of the issue related to the inadequate conditions of detention of suspects, accused and convicted persons is being considered. The analysis of the factors influencing the growth of administrative cases related to inadequate conditions of detention is carried out.
Keywords: inadequate conditions of detention, penal enforcement system, suspects, accused and convicted.
Article bibliographic list
1. Zapivalov D. A. On the issue of the activities of the Human Rights Commissioner in the Russian Federation to protect the rights and freedoms of persons sentenced to imprisonment // Vedomosti UIS. – 2019. – No. 6 (205). – P. 22-27.
2. Yavich L. S. General Theory of Law. – Leningrad, Leningrad State University named after A. A. Zhdanov, 1976. – P. 156.
3. Golovastova Yu. A. The right of convicts to receive compensation in monetary form for violating the conditions of detention in a correctional institution: an innovation of the criminal-executive code of the Russian Federation // Penitentiary security: national traditions and foreign experience: materials of the All-Russian scientific and practical conference with international participation, Samara, June 03-04, 2021 / Samara Law Institute of the Federal Penitentiary Service of Russia. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2021. – P. 53-55.
4. Grushin F. V., Pavlova L. V. Criminal-executive system: current state and possible directions of development // Vedomosti UIS. – 2023. – No. 4. – P. 18-24.
5. Belik V.N., Iskra M.A. On the issue of implementing the right to compensation for violation of the conditions of detention of suspects and accused and the conditions of detention of convicts in correctional institutions // Criminal-executive law. – 2021. – No. 2. – P. 160-165.
CRIMINAL PRINCIPAL LAW
SIMKIN Egor Alexandrovich
lecturer of Regime organization, security and escort sub-faculty, Samara Law Institute of the FPS of Russia
THE LEGAL STATUS OF CONVICTS: THEORETICAL AND LEGAL ASPECTS AND PROBLEMS OF IMPLEMENTATION IN THE CONTEXT OF THE PENAL SYSTEM
The article examines the theoretical and practical aspects of the legal status of condemned persons in the context of the reform of the penitentiary system in the Russian Federation. It analyzes the key elements of this legal status, including constitutional rights, legitimate interests, and legal restrictions, as well as the mechanisms for implementing them in correctional facilities. The author highlights the main challenges in ensuring the rights of convicts, such as insufficient material and housing provision, gaps in legislation, and limited access to medical and legal assistance. They emphasize the need to align Russian legislation with international human rights standards, particularly the Nelson Mandela Rules, to ensure the full protection of the rights of all people. In conclusion, the article makes recommendations for improving the regulatory framework, strengthening law enforcement mechanisms, and implementing modern technologies to enhance the protection of prisoners’ rights.
Keywords: legal status of convicts, penal enforcement law, human rights, correctional institutions, detention regime, law enforcement practice, guarantees of rights, penitentiary system.
Bibliographic list of articles
1. Matuzov N. I., Malko A. V. Theory of State and Law: textbook. – M.: Yurist, 2004. – 234 p.
2. Rasskazov L. P. Theory of State and Law: advanced course: textbook. – M.: RIOR: INFRA-M, 2015. – 144 p.
3. Minakov G. L. Rights and legitimate interests of persons serving sentences: Textbook. – M.: Academy of the Ministry of Internal Affairs of the Russian Federation, 1993.
4. Criminal-executive law of Russia: textbook / Ed. V. I. Seliverstov. – 9th ed., revised. and enlarged. – M.: Norma: INFRA-M, 2023.
5. Minakov G. L. Rights and legitimate interests of persons serving sentences: Textbook. – M.: Academy of the Ministry of Internal Affairs of the Russian Federation, 1993.
CRIMINALISTICS
VOROZHTSOV Alexander Mikhaylovich
Ph.D. in sociological sciences, associate professor, Acting Head of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty, Omsk Academy of the MIA of Russia
GORA Evgeny Viktorovich
lecturer of Operational investigative work in the internal affairs bodies sub-faculty, Krasnodar University of the MIA of Russia
INFORMATION TECHNOLOGIES IN THE ACTIVITIES OF OPERATIONAL INVESTIGATIVE UNITS
Information technologies in the activities of operational investigative units are resources and methods for obtaining, processing, analyzing, as well as transmitting and storing information using advanced technologies. The paper presents some types of information technologies used in operational investigative activities, such as automated information systems and databases; automated systems and workstations; digital and other high-tech computer technologies; software for collecting information and samples, comparing evidence collected during various investigative actions; collecting and analyzing biometric data. With the introduction of information technology, issues of data security that are used and discovered through information technology become particularly relevant.
Keywords: operational investigative activities, information systems, information technologies, automated workplace, referral systems, Internet, digital technologies.
Article bibliography
1. Murtazin A. I., Zaitsev A. G., Khorolsky V. V. Artificial intelligence: current state // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 357-358. – EDN DLPBLO.
2. Murtazin A. I., Davletov V. I. Internet space as an environment for the dissemination of ideas of extremism and terrorism // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2020. – No. 1. – P. 250-256. – EDN DMNIUT.
3. Russkikh O. E., Akhiyarov R. A. Issues of legal regulation of terrorism on the Internet // Actual problems of law and state in the 21st century. – 2020. – Vol. 12, No. 1. – P. 73-76. – EDN RTLGZZ.
CRIMINALISTICS
GARBOUZ Grigory Sergeevich
Ph.D. in Law, associate professor of Forensic science sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk, retired judge of the Kezhemsky Federal Court of Krasnoyarsk Region
CURRENT PROBLEMS IN THE APPLICATION OF THE PHOTOGRAMMETRY METHOD IN INVESTIGATION OF CRIMES THAT ARE BEING COMMITTED IN ECOLOGICAL SPHERE
The article contains the description of several items of the use of photogrammetry method in investigation of environmental crimes. The author identifies some aspects of the necessity of use of photogrammetry in investigating crimes of the above-mentioned category, that can be rather valuable both for investigators and for judges of Federal Courts of the Russian Federation. Also the positive influence of this high-tech applied method on the effective investigative goal achievement is analyzed. The author emphasizes the use of photogrammetry method in forensic science in its current stage of development as one of having vital importance. A conclusion about the necessity of use of this advanced field of knowledge in forensic science and while investigating environmental crimes in particular is made.
Keywords: forensic science, methods of crime investigation, ecological crimes, 3D fixation, forensic photogrammetry method.
Article bibliography
1. Review of the practice of applying the provisions of Chapter 26 of the Criminal Code of the Russian Federation on environmental crimes by the courts: approved by the Presidium of the Supreme Court of the Russian Federation on June 24, 2022. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/all/31278/ (date of access: 08.01.2025).
2. Consolidated statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2022 // Official website of the Judicial Department under the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7645 (date of access: 10.10.2024).
3. Consolidated statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2023 // Official website of the Judicial Department under the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=8688 (date accessed: 10.10.2024).
4. Berlyant A. M. Theory of geoimages. – M.: GEOS, 2006. – 262 p.
5. Vasilyeva M. A. Conceptual foundations of the methodology for investigating environmental crimes: Abstract of a PhD thesis in Law. – M., 2021. – 54 p.
6. Galayda I. I. Photogrammetry as an effective method for photographing large objects underwater in difficult conditions // Issues of underwater archeology. – 2019. – No. 10. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fotogrammetriya-kak-effektivnyy-metod-fotofiksatsii-bolshih-obektov-pod-vodoy-v-slozhnyh-usloviyah (date of access: 08.01.2025).
CRIMINALISTICS
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
PRASOLOVA Elizaveta Nikolaevna
magister student, Faculty of Correspondence and Distance Learning, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
THE POSSIBILITIES OF USING 3D SCANNING IN THE INVESTIGATION AND EXAMINATION OF FIRES
The article discusses issues related to the analysis of the possibilities of using three-dimensional modeling in the investigation and examination of fires. This method allows you to accurately record the condition of an object after a fire, which makes it possible to conduct a detailed analysis of the causes of ignition and the spread of fire. The potential of using 3D scanning opens up new horizons in understanding the dynamics of fires, allowing experts to recreate events with maximum accuracy. The use of 3D scanning in fire investigation can not only provide a more accurate identification of the source of ignition, but also contribute to the development of effective methods to prevent new incidents. The article focuses on the use of ground-based laser scanning in modern conditions when examining a fire site. The authors have highlighted the conditions for the effective use of 3D technologies.
Keywords: 3D scanning, simulation, fire, fire investigation, trace detection, accident site, fire technical expertise.
Bibliographic list of articles
1. Melnik A. A., Voroshilov R. F., Kalyuzhina Zh. S. Handbook of the investigator of the Federal Border Guard Service of the Ministry of Emergency Situations of Russia. 2nd ed., revised. and additional Handbook / Federal State Budgetary Educational Institution of Higher Education Siberian Fire and Rescue Academy of the State Fire Service of the Ministry of Emergency Situations of Russia, 2019. – 162 p.
2. Flegontov D. V., Akulova M. V., Potemkina O. V. Promising methods for detecting damage to structures from hidden fire sources // Naukovedenie. – Vol. 9, No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perspektivnyemetody-obnaruzheniya-povrezhdeniy-konstruktsiy-ot-skrytyh-ochagov-pozhara/view (date accessed: 04.11.2024).
3. Danilyan S. A. Criminal and forensic problems of fire investigation: textbook / Ed. G. M. Meretukova and A. I. Nature. – Krasnodar, 1998. – P. 6.
4. GOST R 8.794 2012. State system for ensuring the uniformity of measurements. – Terrestrial laser scanners. – Moscow, 2014. – 15 p.
5. Dyshokova A. T. Using 3D technologies in solving crimes: an innovation in the field of forensic science. – Text: direct // Young scientist. – 2022. – No. 48 (443). – P. 250-252. [Electronic resource]. – Access mode: https://moluch.ru/archive/443/97154/ (date accessed: 31.12.2024).
6. Galushkin V. I. Use of reconstruction in the form of computer 3D modeling in criminal proceedings // Bulletin of the Saratov State Law Academy. – 2023. – No. 5 (154). – P. 227-234.
7. Tryamkin D. V. Application of 3-D technologies in forensics: problems and prospects // Via scientiarum-Road of knowledge. – 2016. – No. 3. – P. 168-173.
CRIMINALISTICS
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol
SHELYUGOVA Alexandra Alexandrovna
student, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol
CRIMINALISTIC CHARACTERISTICS OF CRIMES RELATED TO FRAUD IN THE FIELD OF LENDING
This article explains what is meant by fraud in the field of lending in accordance with Article 159.1 of the Criminal Code of the Russian Federation. The criminalistic characteristics of this type of crime are given. The methods of committing a crime are considered, the situation and the trace picture of the event are studied. Attention is drawn to the controversial issue of determining the crime scene. The data of judicial statistics on article 159.1, as well as the results of a sociological study, are presented.
Keywords: fraud in the field of lending, criminalistic characteristics, the subject of the crime, the trace pattern, the method of committing the crime.
Article bibliographic list
1. Criminal Code of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ (in the current version). [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 16.01.2025).
2. Federal Law “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”: dated 29.11.2012 No. 207-FZ (in the current version). [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 19.01.2025).
3. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https: //stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/14/s/17 (date of access 16.01.2025).
4. Regulation of the Central Bank of the Russian Federation dated August 31, 1998 No. 54-P “On the procedure for the provision (placement) of funds by credit institutions and their return (repayment)”. [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 15.01.2025).
5. On judicial practice in cases of fraud, misappropriation and embezzlement: Resolution of the Plenum of the Supreme Court of the Russian Federation of 30.11.2017 No. 48. [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 05.04.2024).
6. Haralampidi H.K. Personality of the criminal committing fraud in the field of lending: criminological characteristics // Issues of student science. – 2020. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lichnost-prestupnika-sovershayuschego-moshennichestvo-v-sfere-kreditovaniya-kriminologicheskaya-harakteristika/viewer (access date: 01/16/2025).
CRIMINALISTICS
SEREBRYANNIKOV Stanislav Vadimovich
lecturer of Criminalistics and operational investigative activities sub-faculty, Rostov Law Institute of the MIA of Russia
SHIKHIEV Ziyad Fuadovich
student of the course, Rostov Law Institute of the MIA of Russia
IDENTIFICATION OF ILLEGAL APPEALS THROUGH MASS MEDIA AND INFORMATION AND TELECOMMUNICATION NETWORKS
The article is devoted to the analysis of the concept of “call” and the linguistic side of texts that have the nature of illegal calls. The relevance of the topic studied is that thanks to unauthorized calls, citizens can be misled, which in turn increases the crime situation and complicates the internal politics of our state.
Methods: During the research, methods of system analysis, system-structural, formal-logical and descriptive-analytical methods were used.
Results. In conclusion, the authors formulate a proposal for one of the possible AI options for suppressing unauthorized calls in the media and information and telecommunication networks (ITS) at the preparation stage.
Keywords: illegal calls, criminology, crimes, language games, linguistic variable, media, information and telecommunication networks.
Article bibliography
1. Antipov A. I. Criminal-legal significance of the use of mass media and information and telecommunication networks in the commission of crimes with signs of appeals, inducement, illegal circulation of objects and materials: specialty 51.40.00: dissertation for the degree of candidate of legal sciences. – 2022. – 248 p. – EDN RINWAA.
2. Antipov A. I. Appeals and incitement as signs of crimes committed through the media and information and telecommunication networks // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (85). – P. 91-98. – DOI 10.35750/2071-8284-2020-1-91-98. – EDN MQVWAP.
3. Vardanyan A. V., Kuleshov R. V. On the classification of the phenomena of extremism and terrorism: the unity of essence and the polyvariance of reflection in society // The rule of law: theory and practice. – 2015. – No. 4 (42). – P. 31-35. – EDN VGHWTT.
4. Khlebushkin A. G. Public calls for actions aimed at violating the territorial integrity of the Russian Federation (Article 2801 of the Criminal Code of the Russian Federation): criminal-legal characteristics and qualification issues // Russian investigator. – 2014. – No. 11. – P. 25-29. – EDN SGZFEV.
5. Khlebushkin A. G. Public display of prohibited symbols and attributes: issues of legal liability // Actual problems of administrative and administrative-procedural law: Materials of the annual all-Russian scientific and practical conference dedicated to the memory of Doctor of Law, Professor, Honored Scientist of the Russian Federation V. D. Sorokin: in 2 parts, St. Petersburg, March 15, 2013. Volume Part 1. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2013. – P. 140-144. – EDN UJAXXT.
6. Gelyakhova L. A. Modern aspects of extremism // Young scientist: collection of articles of the IV International research competition, Penza, December 10, 2021. – Penza: Science and Education (IP Gulyaev G. Yu.), 2021. – P. 228-230. – EDN MMMMOE.
7. Letelkin N. V. Criminal-legal counteraction to crimes committed using information and telecommunication networks (inkey network “Internet”). – Moscow: Limited Liability Company “Prospect”, 2020. – 176 p. – ISBN 978-5-392-31451-5. – EDN GKLTRW.
8. Vardanyan AV Forensic characteristics of post-criminal activities in cases of crimes in the field of information technology // Siberian criminal procedural and forensic readings. – 2021. – No. 2 (32). – P. 44-51. – EDN PHKHWB.
9. Shcherbachenko, A.K. Algorithms for operational-search support for the disclosure of remote fraud committed by a group of persons // Philosophy of Law. – 2022. – No. 1 (100). – P. 144-150. – EDN YYNYJE.
10. Wittgenstein L. Philosophical Investigations // New in Foreign Linguistics. Issue XVI. – M., 1985.
11. Harari F. Graph Theory. – M., trans. from English and prefaced by V. P. Kozyrev / Ed. by G. P. Gavrilov. 2nd ed. – M.: URSS Editorial Board, 2003. – 296 p. ISBN 5-354-00301-6.
CRIMINALISTICS
SYROMLY Larisa Borisovna
Ph.D. in Law, Head of Prosecutorial supervision of law enforcement in operational investigative activities and prosecutor’s participation in criminal proceedings sub-faculty, Far Eastern Law Institute (branch), University of prosecutor’s office of the Russian Federation
CRIMINALISTIC PREVENTION OF CYBERBULLYING IN PENITENTIARY INSTITUTIONS
The article considers the criminalistic prevention of cyberbullying as a set of measures aimed at preventing such crimes and being an integral element of the professional activities of law enforcement officers, including correctional institutions. The author reveals the phenomenon of the criminal subculture, its influence on the commission of cyberbullying from places of detention, as well as problems and methods of counteraction. The recommendations aimed at increasing the effectiveness of the prevention of “telephone” fraud committed by convicts in penitentiary institutions are formulated.
Keywords: criminalistic prevention, cyberbullying, criminal subculture, penitentiary institutions.
Article bibliography
1. Akchurin A. V., Shautaeva G. Kh. On some circumstances of fraud committed by convicts serving sentences in penal colonies // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (38). – P. 58-63.
2. Vedomosti. The number of mobile phones confiscated by the Federal Penitentiary Service continues to decline. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2025/02/05/1090225-kolichestvo-izyatih-fsin-mobilnikov-prodolzhaet-snizhatsya (date of access: 20.02.2025).
3. The head of the Investigative Committee Bastrykin told where telephone scammers call most often. – [Electronic resource]. – Access mode: https://gazeta.a42.ru/lenta/news/158367-glava-sk-bastrykin-rasskazal-otkuda-cashhe-vsego-rossiyanam-zvonyat (date of access: 18.02.2025).
4. The head of the FSIN decided to reward the employees who seized the largest batch of phones. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/20629583 (date of access: 16.02.2025).
5. A service dog found a suspicious package in the bushes near IK-20. – [Electronic resource]. – Access mode: https://vladnews.ru/2024-07-17/239024/sluzhebnyy_nashel?ysclid=m8lu0ntzky506821679 (date of access: 16.02.2025).
6. Teplyashin P. V. Prevention of penitentiary crime: determining factors, principles, sources and their classification // / Penitentiary science. – 2023. – Vol. 17, No. 4 (64). – P. 382-389.
7. Yamashkin A. S. On the issue of modern problems of investigating crimes in institutions of the penal system and ways to overcome them (on the example of investigating escapes from places of deprivation of liberty) // International Penitentiary Forum “Crime, Punishment, Correction”: forum materials (Ryazan, December 5-6, 2013). – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2013. – P. 221-224.
CRIMINOLOGY
GADZHIEVA Aysha Ansarovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty, Dagestan State University, senior researcher, Research Institute of Economics and Law Enforcement, Dagestan State University of National Economy, Makhachkala
MALIKOV Ali Tulparovich
postgraduate student of Criminal law and criminology sub-faculty, Institute of Law, Dagestan State University, Makhachkala
PROBLEMS OF CRIMINALIZATION OF SOCIALLY DANGEROUS ACTS COMMITTED USING DIGITAL TECHNOLOGIES AT THE PRESENT STAGE: CRITICAL ANALYSIS
The scientific work offered to readers addresses the problems of criminalization for criminal acts committed through the use of digital technologies. It describes the scientific and conceptual apparatus of digital crimes, distinguishes them from related concepts (computer, information crimes). Taking into accountthe existing views on the problems of digital crimes, the authors state that digital crimes are a generic concept for all other crimes, the subject or method of which is information, including computer information. Accordingly, the proposal to systematize crimes committed through the use of digital technologies and place them in one chapter of the criminal law is justified. The authors believe that from the point of view of the legislative technique of presenting norms and their systematization, the main thing in the content of these crimes is the method, that is, the use of information and communication technologies, artificial intelligence and the Internet. An integral element of this method is the seizure of the user’s personal account, which is primarily in need of criminalization. The technique and logic of systematization of digital crimes proposed by the authors creates an opportunity to combine all digital crimes into one chapter.
Keywords: digital crimes, computer crimes, digital security, identity theft, use of ICT, artificial intelligence and the Internet.
Article bibliography
1. Atagimova E. I., Potemkina A. T., Tsopanova I. G. “Identity theft” as an independent crime or a type of fraud // Legal informatics. – 2017. – No. 3. – P. 14-22.
2. Begishev I. R., Bikeev I. I. Crimes in the sphere of digital information circulation. – Kazan: Publishing house “Poznanie” of Kazan Innovation University, 2020. – 300 p.
3. Dolgieva M. M. Digital object of crime // Bulletin of Tomsk State University. – 2022. – No. 483. – P. 253-260.
4. Dremlyuga R. I. Criminal-legal protection of the digital economy and information society from cybercriminal attacks: doctrine, law, law enforcement. – M .: Yurlitinform, 2022. – 328 p.
5. Kalmykov D. A. On the issue of improving the legislative technique of criminal-legal protection of information security of the Russian Federation. website. – [Electronic resource]. – Access mode: https://defence-line.ru/useful-info/k-voprosu-o-sovershenstvovanii (date of access: 25.01.2025).
6. Kartashov I. I., Lesnikov O. A. Digital information in criminal procedural evidence: concept and properties // Science. Society. State. – 2020. – Vol. 8, No. 4 (32). – P. 73-82.
7. Mosechkin I. N. The concept of crimes against the security of digital information // Lex Russica (Russian law). – 2023. – Vol. 76, No. 5 (198). – P. 49-59.
8. Russkevich E. A. Criminal law and “digital crime”: problems and solutions. – 2nd edition. – M.: Publishing House “Infra-M”, 2022. – 351 p.
CRIMINOLOGY
IVANOVA Ekaterina Vladimirovna
senior lecturer of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of a proud person from society, Pskov Branch, University of the FPS of Russia
TERRORISM AS A THREAT TO STATE AND WORLD SECURITY
Terrorism is a crime against public order and security, causing imbalance and unrest in society, resulting in destruction and casualties. This act is committed in order to influence any decisions of government bodies, including at the international level. In this regard, there is a threat not only to society and the state, but also to the whole world. These actions cause people to fear for themselves and their loved ones, but at the same time undermine their faith in the protection of their interests by the state. The reasons for committing crimes can be drug addiction, population migration, material gain, revenge, commitment to any ideology. The most well-known organizations whose activities are prohibited on the territory of our state are al-Qaeda, the Taliban, Wahhabism, the Islamic state, Islamic jihad. Their attributes are the Islamic flag with the corresponding inscription, knives, weapons, public demonstration of their malicious behavior. Earlier in 1999, terrorist attacks systematically occurred in Moscow, near residential buildings, organized by natives of Chechnya, Georgia, Ingushetia, Dagestan and Arab countries. Explosions were heard during the celebration of Victory Day in Dagestan and Chechnya. Terrorist attacks were organized in concert halls (Nord-Ost), as well as in airplanes and subways by leaving unattended things in crowded places and using specialized belts by female suicide bombers to achieve their goals.
Keywords: terrorism, state security, world security.
Article bibliography
1. Adarov G., Muslimova M. Sh. The ashes of Beslan knock on my heart. – Text: electronic // Modernization of education. -2019 – P. 118-123.
2. Beznosov D. S., Pochebut L. G. Legal consciousness and psychology of terrorism: a textbook for the bachelor’s degree programs “Psychology” and “Law enforcement”. – 2nd ed., revised and supplementednnoe. – Moscow: KNORUS, 2023. – 225 p.
3. Merkuriev V. V., Sokolov D. A., Vasnetsova A. S. [et al.]. The identity of a participant in a terrorist / Under the general editorship of V. V. Merkuriev; University of the Prosecutor’s Office of the Russian Federation. – Moscow: Prospect, 2024. – 366 p.
4. Pitulko K. V., Koryakovtsev V. V. Qualification of crimes of an extremist and terrorist nature: a textbook for the bachelor’s degree program “Jurisprudence”. – Moscow: KnoRus, 2024. – 145 p.
CRIMINOLOGY
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty, North-West branch, V. M. Lebedev Russian State University of Justice, St. Petersburg
JUVENILE DELINQUENCY IN RUSSIA IN THE CONTEXT OF CRIMINOLOGICAL SECURITY
The article analyzes the quantitative indicators of juvenile delinquency at the federal and regional levels, identifies the main trends in this type of crime. The author justifies the increase in its latency caused, among other factors, by the influence of digitalization, which affects the state of criminological security. It is concluded that the revealed trend towards a decrease in the level of the type of crime under study occurs while maintaining its socio-economic base. The author analyzes regional differences in juvenile delinquency and makes suggestions for improving the analytical work of law enforcement agencies.
Keywords: criminological safety, juvenile delinquents, crime, trends, region.
Article bibliography
1. Gilinsky Ya. I. Crime and social control over it in modern postmodern society: a criminologist’s view // Criminalism. – 2016. – No. 1 (18). – P. 3-8.
2. Okutina N. N. Juvenile delinquency in Russia: status and prevention measures // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2023. No. 1 (99). – P. 114-121.
3. Pisarevskaya E. A., Dvorzhitskaya M. A. Crimes against the family and minors in Russia: status and main trends // Bulletin of Tomsk State University. – 2023. – No. 489. – P.235-245.
4. Prozumentov L. M., Olkhovik N. V. Recidivism of minors and its prevention. – Tomsk: Tom Publishing House. University, 2011. – 154 p.
5. Saveliev A. I. Ensuring criminological security of minors at the international level // Siberian Legal Review. – 2024. – No. 1. – P. 75-92.
6. Savchik K. V. Current state and trends in juvenile delinquency // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2023. – No. 4. – P. 133-140.
7. Chernov A. V. Crime situation in the Siberian Federal District: experience of comprehensive scientific assessment / Ed. by S. F. Milyukov. – SPb.: R. Aslanov Publishing House “Yuridichesky Tsentr Press”, 2006. – 398 p.
8. Fernández-Molina E., Bartolomé Gutiérrez R. Juvenile crime drops: What is happening with youth in Spain and why? // European Journal of Criminology. – 2020. – No. 17 (3). – P. 306-331.
9. Svensson R., Oberwittler D. Changing routine activities and the decline of youth crime: A repeated cross-sectional analysis of self-reported delinquency in Sweden, 1999-2017. //Criminology: An Interdisciplinary Journal. – 2021. – No. 59 (2). – P. 351-386.
LAW ENFORCEMENT AUTHORITIES
AMIRKHANYAN Vahe Gagikovich
senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
ALEXEEV Artem Mikhaylovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
TEZIKOV Dmitriy Alexandrovich
senior lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
MODERN THREATS TO RUSSIA’S NATIONAL SECURITY: RISK ANALYSIS AND STRATEGY OF THE MINISTRY OF INTERNAL AFFAIRS
The article highlights the strategy of the Ministry of Internal Affairs of the Russian Federation (MIA) in responding to unforeseen challenges related to the specifics of specific armed conflicts. Here, a detailed consideration is being taken to adapt the system of law enforcement measures to non-standard threats that exceed the scope of classical activities. The article focuses on measures to ensure security and legal stability in the educational environment of the Ministry of Internal Affairs of Russia. Special attention is paid to the modernization of educational programs for students in order to prepare for new challenges, including methods of countering modern threats. The article analyzes the sophisticated tactics and technologies of the Ukrainian special services aimed at destabilizing the internal situation in Russia and harming the civilian population. The innovative approaches of the Ministry of Internal Affairs in training personnel for extreme situations are considered: from methods of psychological analysis (profiling) to developed algorithms of actions aimed at identifying and neutralizing potentially dangerous elements. The issue of efficiency and decisiveness in the actions of the Interior Ministry staff is emphasized as a key factor in ensuring public safety. The article offers comprehensive recommendations for optimizing interaction with the public, focusing on the individual protection of citizens in case of increased threats. In general, this study makes a significant contribution to the study and assessment of the experience of the Ministry of Internal Affairs of Russia in the field of security and law enforcement during special military situations.
Keywords: national security, Ministry of Internal Affairs, military operations, sabotage, terrorist attacks, profiling, security, training of police officers, efficiency, situation modeling.
Bibliographic list of articles
1. Professional training of police officers: a 4-part textbook / General editor V. L. Kubyshko. – Moscow: DGSK MVD of Russia, 2020. Professional cycle. Part 1. – 536 p.
2. Professional and applied physical training: a teaching aid for universities / S. M. Voronin [et al.]; edited by N. A. Voronov. – 2nd ed., corrected. and additional. – Moscow: Publishing house Yurait, 2023. – 140 p. – (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/518668.
3. Physical training of employees of the penal system: a teaching aid for secondary vocational education / V. N. Pozhimalin [et al.]; editor-in-chief V. N. Pozhimalin. – 2nd ed., corrected. – Moscow: Yurait Publishing House, 2023. – 276 p. – (Professional education) // Yurait Educational Platform [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/518180.
4. Physical training as the main component of physical education of employees of the penal system: a teaching aid for universities / R. V. Puzyrevsky [et al.]; edited by R. V. Puzyrevsky. – 2nd ed., corrected. – Moscow: Yurait Publishing House, 2022. – 276 p. – (Higher education) // Yurait Educational Platform [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/495681.
LAW ENFORCEMENT AUTHORITIES
AKHTAMYANOV Ruslan Renartovich
senior lecturer of Fire and tactical-special training sub-faculty, Ufa Law Institute of the MIA of Russia
MILYUTIN Roman Viktorovich
senior lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia
PAVELKO Pavel Andreevich
lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia
FIRE TRAINING OF LAW ENFORCEMENT OFFICERS: PROBLEMS AND WAYS TO SOLVE THEM
In this article, the author considered the concept of fire training, which is carried out by law enforcement officers. The article explores various problems related to the fire training of employees, as well as the reasons why the described problems could arise. In addition, the author suggests promising ways to develop fire training for law enforcement officers, allowing them to improve the efficiency of their official tasks.
Keywords: fire training, law enforcement agencies, problems, ways of improvement, firearms.
Article bibliography
1. Kalinnikov A. S. Fire training of police officers: a scientific and practical guide. – Kaliningrad: Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia, 2019. – 258 p.
2. Goretsky I. I., Tyurin O. A. Problems of fire training of the employees of the Internal Affairs Bodies // Scientific and practical electronic journal. Alley of Science. – 2018. – No. 4 (20). – P. 20-22.
3. Mayurov N. P., Bantyukov I. B., Trabo V. N. Fire training in the internal affairs bodies: problems and development prospects // Psychology and pedagogy of service activities. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ognevaya-podgotovka-v-organah-vnutrennih-del-problemy-i-perspektivy-razvitiya (date of access: 11.01.2024).
4. Sharapov A. Yu., Blagovatin A. B., Samarkin V. A. Problems of fire training of employees of internal affairs bodies, as well as ways to improve their skills. – 2017. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ognevaya-podgotovka-v-organah-vnutrennih-del-problemy-i-perspektivy-razvitiya (date of access: 11.01.2024).
LAW ENFORCEMENT AGENCIES
BABIN Alexander Vladimirovich
Deputy Head of Physical training sub-faculty, Ufa Law Institute of the MIA of Russia
FILIMONOV Rodion Nikolaevich
Head of Physical training and sports sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
EGOSHIN Dmitriy Ivanovich
associate professor of Physical training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
SERVICE-APPLIED SPORTS THAT CONTRIBUTE TO THE DEVELOPMENT OF PROFESSIONAL TRAINING OF LAW ENFORCEMENT OFFICERS
The article presents a comprehensive analysis of the importance and role of the development of service-applied sports in the process of professional training of police officers. The reasons for the emergence and ways of formation of service-applied sports in Russia are explained. In addition, the authors directly attempted to determine the importance of the existence of the All-Russian Physical Culture and Sports Society Dynamo. Conclusions are drawn about the need to improve the physical and mental qualities of law enforcement officers, their professionalism and qualifications, which allow them to successfully overcome difficulties in their professional activities, as well as the need to develop moral and moral qualities of a person, which determine the level of education of law enforcement officers.
Keywords: sports, physical training, service and applied sports, physical development, professionalism, police officers, cadets, trainees.
Article bibliography
1. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodical and practical foundations of physical training and education of students of educational organizations of the Ministry of Internal Affairs of Russia: study guide. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p.
2. Aldoshin AV, Barkalov SN, Gerasimov IV Special physical training of police officers to perform service and combat missions in local conflicts [Electronic resource]: monograph / Under the general editorship of AV Aldoshin. – Orel: Orel Law Institute of the Ministry of Internal Affairs of Russia named after VV Lukyanov, 2013. – 141 p. (date accessed: 02/07/2023).
3. Kulinichev AN, Klimenko BA, Vorotnik AN, Lopatin I.I. Service-applied sports as the basis for the professional development of a police officer // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin. – 2016. – No. 1 (27). – P. 71-73.
4. Babin AV, Yachmenev SP, Lukyanov AB [et al.]. Actual problems of physical education and sports in Russia // Actual problems of physical culture, sports and tourism: materials of the XVII International scientific-practical conference, May 25-26, 2023. – Ufa, 2023. – P. 66-70.
5. Lukyanov BG Orientations of the population towards a healthy lifestyle: socio-philosophical analysis // Society, law, statehood: retrospective and prospect. – 2024. – No. 3 (19). – pp. 117-124.
LAW ENFORCEMENT AUTHORITIES
BUBNOVA Yuliya Gennadjevna
Ph.D. in Law, associate professor, associate professor of Administrative and legal disciplines sub-faculty, Faculty of Law, Vladimir Law Institute of the FPS of Russia, colonel of internal service
KALYASHIN Andrey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Constitutional and municipal law sub-faculty, Vladimir branch, Russian Academy of National Economy and Public Administration under the President of the Russian Federation
LEGAL REGULATION OF GENDER EQUALITY IN THE CIVIL SERVICE
The authors of the article investigate the historically formed socio-political activity of women in public service, namely in government agencies at the federal level, at the level of subjects of the Russian Federation, municipal positions and positions of municipal service, as well as in law enforcement agencies of various departments. The number of employees who filled state (municipal) positions and positions of the state civil (municipal) service is considered, a quantitative analysis of the presence of women in power is given. The paper describes the individual reasons for such a large number of women in the civil service, identifies problems, takes into account the specifics of service by female personnel, and formulates a number of proposals to improve the legal regulation of gender equality in the civil service.
Keywords: equality, civil service, leadership positions, female employees, law enforcement agencies, personnel training.
Article bibliography
1. Korostyleva N. N. Gender distribution in the state civil service system // State service. – 2015. – No. 5 (97).
2. Petrantsov A. S. Service in the internal affairs bodies and the principle of gender equality // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1. – P. 304-310.
3. Polivaeva N.. P. Filippova D. G. Gender factor in the activities of the penal system: problems, statistics, dynamics // Bulletin of the criminal-executive system. – 2015. – No. 7. – P. 28-31.
4. Romanova V. V. Women’s service in the internal affairs bodies (legal and organizational aspects): author’s abstract. dis. … candidate of legal sciences. – Moscow, 2007. – 24 p.
5. Uporov A. G. Women in the service in the penal system // ”CHRONOS”: multidisciplinary sciences. – 2022. – V. 6, No. 11 (73). – P. 189-193.
6. Khilobok Yu. V. Political aspects of gender statistics of the civil service [Text] // Public and municipal administration. Scientific notes of SKAGS. – 2017. – No. 2. – P. 251-256.
7. Shvets L. G., Shepeleva Yu. L. Gender aspect of power relations: problems and directions of development / Monograph. – M.: CREDO, 2015. – 148 p.
LAW ENFORCEMENT AUTHORITIES
HUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
LEVCHENKO Alexander Alexandrovich
Deputy Head of Tactical and special training sub-faculty, Barnaul Law Institute of the MIA of Russia
LYUKOVETS Vladimir Petrovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia
TRAINING OF LAW ENFORCEMENT OFFICERS IN CHOOSING AN ADVANTAGEOUS ROUTE THROUGH THE AREA
Orientation training plays an important role in the training of law enforcement officers. It develops not only the skills of fast and accurate orientation on the ground, but also tactical thinking, improves physical fitness, increases psychological stability, improves teamwork and communication between employees, which further contributes to the effective conduct of operations, investigative actions or search activities. In this article, the authors provide methodological material aimed at developing the skills of students of educational organizations of the Ministry of Internal Affairs of Russia in determining and choosing a profitable route.
Keywords: orientation, driving route, law enforcement officer.
Bibliographic list of articles
1. Vostroknutov A. L., Suprun V. N., Shevchenko G. V. Protection of the population and territories in emergency situations. Fundamentals of Topography: textbook for universities / General editor A. L. Vostroknutov. – 2nd ed., corrected. and add. – Moscow: Publishing House Yurait, 2024. – 410 p. – (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/535937 (date of access: 01/05/2025).
2. Semiglazov A. G., Sabanov A. Yu. Sports orienteering in the system of special training of police officers // Special training of law enforcement officers in the context of new security threats: materials of the International scientific and practical conference, Ufa, March 21, 2024. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – pp. 107-110. – EDN ARZQSU.
3. Fatkhiev D. M. The role of topographic training in the Ministry of Internal Affairs of Russia // Improving the methodology of teaching special professional disciplines in educational organizations of the Ministry of Internal Affairs of Russia: Proceedings of the All-Russian scientific and practical conference, Krasnodar, February 15, 2023 / Editorial board: A. S. Dudko, A. A. Frolov, D. A. Voronov [et al.]. – Krasnodar: Federal State Budgetary Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2023. – P. 424-426. – EDN ROQYWM.
LAW ENFORCEMENT AUTHORITIES
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
NABIEV Valeriy Valerjevich
senior lecturer of Administrative activities of the internal affairs bodies sub-faculty, Voronezh Institute of the MIA of Russia
PLESHIVTSEV Alexey Yurjevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
PHYSICAL TRAINING OF LAW ENFORCEMENT OFFICERS: THE KEY TO EFFECTIVE TASK PERFORMANCE AND INCREASED COMBAT READINESS
The article is devoted to the importance of physical training of law enforcement officers as the main aspect influencing the effectiveness of performance of official duties and increasing combat readiness. In a dynamically changing operational environment, where service activity requires quick reactions and a high level of physical endurance, maintaining excellent physical fitness becomes not just desirable, but vital. The paper analyzes the results of periodic physical fitness checks of employees, revealing alarming trends in the degradation of the level of physical fitness among personnel, which has a negative impact on operational tasks, including the prosecution of offenders and the conduct of special operations. The authors emphasize the importance of an individualized approach to training, taking into account the age and professional characteristics of employees.
Keywords: physical training, employees of internal affairs bodies, professionally applied physical training, differentiated approach.
Article bibliography
1. Barchenkov V. I., Volkov A. V. Physical training of employees of internal affairs bodies in modern conditions: problems and ways of improvement // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (90). – P. 124-129.
2. Grachev A. S., Mikhailov D. V. Organization of physical training of police officers taking into account the specifics of their official activities // Scientific Notes of P. F. Lesgaft University. – 2021. – No. 2 (192). – P. 66-70.
3. Davydov O. B., Plotnikov A. A. Modern trends in physical training of employees of internal affairs bodies // Bulletin of the criminal-executive system. – 2021. – No. 5 (226). – P. 37-41.
4. Eremin A. Yu., Shiyanov N. V. Ways to increase the motivation of employees of internal affairs bodies to engage in physical training // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (92). – pp. 154-159.
LAW ENFORCEMENT AUTHORITIES
EREMYAN Artyush Armenovich
postgraduate student of the 3rd year of study, Faculty “Higher School of Public Audit”, M. V. Lomonosov Moscow State University
LAW ENFORCEMENT ACTIVITIES IN THE CONTEXT OF DEVELOPMENT OF INFORMATION TECHNOLOGIES
The article considers current issues of transformation of law enforcement activities in the context of active development and implementation of information technologies in the Russian Federation. Modern trends of digitalization of the law enforcement system are analyzed, including the use of artificial intelligence, big data and cloud technologies in the activities of law enforcement agencies. Particular attention is paid to the problems of ensuring cybersecurity and combating cybercrime, as well as improving the regulatory framework in the field of application of digital technologies in law enforcement. The prospects for the development of electronic document management, automated information systems and digital platforms for interaction between law enforcement agencies are studied. The article contains practical recommendations for improving the efficiency of law enforcement activities using modern information technologies and may be of interest to specialists in the field of law, information technology and public administration.
Keywords: law enforcement, law enforcement agencies, digitalization, digital transformation, digital environment
Article bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_ doc_LAW_28399/Federal Law “On Operational-Investigative Activities” dated 12.08.1995 No. 144-FZ. [Electronic resource]. – Access mode: https://www. consultant.ru/document/cons_doc_LAW_110165/
2. Goroshko I. V. Digitalization is a modern trend in the development of law enforcement agencies // Obozrevatel-Observer. 2022. No. 2.
3. Kravtsov O. I., Belova O. V. Legal culture: problems and aspects of formation among police officers // Actual issues of modern science education: collection of articles of the XXIV International scientific and practical conference. Penza, 2022. Pp. 238-241.
4. Mamay E. A. Digital technologies in law enforcement: criteria for a legitimate combination of public and private interests // International Journal of Open Information Technologies. 2022. Vol. 10, No. 11. Pp. 87-104.
5. Nyagashkina G. I. Application of digital technologies in law enforcement // Best research project 2022: collection of articles of the II International research competition. Petrozavodsk, 2022. Pp. 215-220.
6. Talapina E. V. Law and digitalization: new challenges and prospects // Journal of Russian Law. 2018. No. 2 (254). P.5-17.
LAW ENFORCEMENT AUTHORITIES
KUZMICHEV Yuriy Vladimirovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
TEMNYSHOV Andrey Alexandrovich
Ph.D. in technical sciences, Deputy Head of Organization of activities of road safety units sub-faculty, Moscow regional branch, V.Ya. Kikot Moscow University of the MIA of Russia
KARPUSHKIN Vladimir Vladimirovich
Ph.D. in Law, professor of Fire and tactical special training sub-faculty, Bryansk branch, V. V. Lukyanov Oryol Law Institute of the MIA of Russia
PROSPECTS FOR THE DEVELOPMENT OF UNMANNED AIRCRAFT IN THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES OF THE RUSSIAN FEDERATION
The article reflects the special importance of unmanned aerial vehicles in various fields of activity, and also addresses issues that highlight the provisions of the strategy for the further development of unmanned aviation in our country. The main obstacles to the development of the unmanned aircraft industry are also outlined, as well as the role of the state in regulating certain processes, ranging from regulatory regulation to financing of this industry, as well as monitoring the implementation of set goals.
Keywords: unmanned aerial vehicle, unmanned aircraft, strategy, inspection, aerial photography, operator.
Article bibliography
1. Order of the Government of the Russian Federation of June 21, 2023 No. 1630-r “On approval of the Strategy for the Development of Unmanned Aviation in the Russian Federation for the Period up to 2030 and for the Perspective Up to 2035 and the Action Plan for its Implementation.”
2. Kovalev D. V., Kuzmichev Yu. V. Issues of the Use of Unmanned Aerial Vehicles by the Police // Law and Order. – 2023. – No. 6. – P. 73-77. – DOI 10.56539/20733313_2023_6_73. – EDN FWDRNB.
3. Fetisov V. Unmanned aviation: terminology, classification, current state: Handbook. – M.: Photon, 2014.
LAW ENFORCEMENT AUTHORITIES
MAISEEV Kirill Stepanovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
LOBANOVA Elena Nikolaevna
senior lecturer of Physical Culture and sports and wellness technologies sub-faculty, Don State Technical University, Rostov-on-Don
OVECHKIN Denis Gennadjevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
OPTIMIZATION OF PHYSICAL TRAINING OF CADETS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION: MODERN CHALLENGES AND SOLUTIONS
This article examines in detail the role of the physical development of cadets and trainees of educational institutions of the Ministry of Internal Affairs of the Russian Federation in their professional training and successful performance of official duties. The author emphasizes that achieving high standards of physical fitness is an integral part of effective fulfillment of tasks related to the suppression of offenses, ensuring public order and protecting citizens. During the analysis of the current system of physical training, key problems are identified: outdated methods, insufficient adaptation of programs to the specifics of operational and service activities, as well as a low level of motivation for students to engage in systematic activities. The problems associated with the lack of modern equipment and infrastructure are also pointed out, which further limits the opportunities for high-quality education. The article emphasizes the need to introduce a systematic approach to the modernization of physical education in educational institutions of the Ministry of Internal Affairs. One of the key aspects is the adaptation of the content and structure of training programs to the requirements imposed on police officers in modern reality. Proposals are being considered to introduce a differentiated approach that takes into account the individual characteristics of cadets, their psychological and physiological characteristics, as well as the specific requirements of the upcoming service. The importance of using modern technologies and teaching methods is also emphasized, which can increase the level of involvement of cadets and trainees in the physical training process.
Keywords: physical training, police officers, educational organizations of the Ministry of Internal Affairs of Russia, forms and methods, improvement, professional training.
Bibliographic list of articles
1. Belov S. E., Makarov A. V. Problems of physical training of employees of internal affairs bodies in the conditions of modern society // Scientific Bulletin of the Kuban State Agrarian University. – 2021. – No. 2. – P. 45-49.
2. Ivanov I. I., Smirnova M. A. Organization of physical training of police officers in the conditions of the realities of the urban environment // Bulletin of Kazan University. – 2022. – V. 14, No. 1. -P. 215-220.
3. Kuznetsov V. G., Romanov A. P. Prospects for methodological support of physical training of law enforcement officers //Scientific Notes of the P. F. Lesgaft University. – 2021. – No. 6 (196). – P. 34-38.
4. Zhukova L. P., Tikhomirov K. D. Modern Methods of Physical Training in the System of the Ministry of Internal Affairs of Russia: from Theory to Practice // Theory and Practice of Physical Culture. – 2022. – No. 8. – P. 92-95.
5. Sidorov A. V., Karpov E. Yu. Modernization of Physical Training in Educational Institutions of the Ministry of Internal Affairs of Russia: Challenges and Solutions // Bulletin of the Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 123-127.
LAW ENFORCEMENT AUTHORITIES
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty, Omsk Academy of the MIA of Russia
NIKIFOROV Pavel Vasiljevich
senior lecturer of Fire and technical training sub-faculty, Barnaul law Institute of the MIA of Russia
PROFESSIONAL TRAINING OF DISTRICT POLICE OFFICERS TO ACT IN SPECIAL CONDITIONS
The article reveals methods for optimizing the performance of official duties in special conditions that require the ability to mobilize their resources, make quick and informed decisions, and demonstrate a high degree of physical and psycho-emotional endurance of district police officers and police officers in general. The formation of skills for the confident use of physical force, special equipment and service weapons, the specifics of tactical training, as well as improving the level of general physical and professional training of employees performing official tasks in special conditions are not sufficient without the psychological stability of a person. Psychological training is one of the key aspects of preparing employees to deal with the terrorist threat in the modern realities of life. Solving these issues will allow law enforcement officers to confidently perform their tasks at a high professional level.
Keywords: law enforcement officer, psychological stability, personal qualities, law enforcement, police officer, law, firearms, fire training, qualified instructor.
Article bibliography
1. Federal Law No. 3-FZ “On Police” // SPS ConsultantPlus.
2. Order of the Ministry of Internal Affairs of Russia dated 02.02.2024 No. 44 “On approval of the procedure for organizing the training of personnel to fill positions in the internal affairs bodies of the Russian Federation” // SPS ConsultantPlus.
3. Muzafin, R. R., Vyshtikalyuk V. F., Nikiforov P. V. Professional qualities of a police officer of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2024. – No. 2 (189). – P. 415-417. – EDN WCZYQQ.
4. Muzafin R. R., Nikiforov P. V., Shipov O. V. Stress Management in Shooting Training // Eurasian Law Journal. – 2022. – No. 1 (164). – P. 463-464. – EDN LPLUJC.
5. Murtazin A. I. Issues of Practical Preparedness for the Use of Firearms by Employees of the Internal Affairs Bodies of the Russian Federation // Improving the Methodology of Teaching Special Professional Disciplines in Educational Organizations of the Ministry of Internal Affairs of Russia: Proceedings of the All-Russian Scientific and Practical Conference, Krasnodar, February 15, 2024. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of the Russian Federation, 2024. – P. 124-127. – EDN BNQGLA.
6. Pesterev N. N., Pushkarev M. E., Muzafin R. R. The problem of adaptation of cadets and students studying in the profile of a district police officer to practical shooting and ways to solve it // Eurasian Law Journal. – 2021. – No. 3 (154). – P. 412-413. – EDN CLJVBC.
7. Vyshtikalyuk V. F., Muzafin R. R., Kopylov I. A. Ways to improve the marksmanship training of the Ministry of Internal Affairs employees // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 416-417. – EDN PCWREE.
LAW ENFORCEMENT AUTHORITIES
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
POZDNYAKOV Ivan Vasiljevich
lecturer of Tactical and special training sub-faculty, Barnaul Law Institute of the MIA of Russia
KOPYLOV Ivan Alexeevich
lecturer of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
CHAYCHENKO Dmitriy Vladimirovich
senior lecturer of fire training sub-faculty, Volgograd Academy of the MIA of Russia
ADAPTATION OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES TO PROFESSIONAL ACTIVITY IN EXTREME CONDITIONS
The article deals with the process of adaptation of an interior Ministry employee in the implementation of professional activities in extreme conditions. This phenomenon is an obligatory process in the life of every employee, it is impossible not to go through it. The presence of extreme conditions has a significant impact on the adaptation process itself, which is why the usual approach is no longer effective and difficulties arise, and therefore the topic of the scientific article is considered relevant and practically significant. The resolution of existing difficulties will improve the effectiveness of activities, saving the lives and health of employees while serving in extreme conditions.
Keywords: adaptation, police officer, extreme conditions, moral and psychological support, barrier, special conditions, mentor, labor collective, informing.
Article bibliography
1. Pesterev N. N., Pushkarev M. E., Muzafin R. R. The problem of adaptation of cadets and students studying in the profile of a district police officer to practical shooting and ways to solve it // Eurasian Law Journal. – 2021. – No. 3 (154). – P. 412-413. – EDN CLJVBC.
2. Muzafin R. R., Vyshtikalyuk V. F., Nikiforov P. V. Professional qualities of a police officer of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2024. – No. 2 (189). – P. 415-417. – EDN WCZYQQ.
3. Romanov A. A. On some features of training employees of internal affairs bodies for actions (performance of operational and service tasks) in special conditions // Pedagogical dialogue: Almanac. Materials of the All-Russian Scientific and Methodological Seminar, Moscow, February 14, 2024. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Ya. Kikot, 2024. – P. 130-136. – EDN GIUPOF.
LAW ENFORCEMENT AUTHORITIES
NOVOKHATSKY Bogdan Nikolaevich
lecturer of Special training sub-faculty, Ufa Law Institute of the MIA of Russia
MAMAEVA Anastasiya Alexandrovna
Inspector of the Department of Planning and Quality Control of the Educational Process and Practice, Voronezh Institute of the MIA of Russia
SHILIKHIN Alexander Sergeevich
senior Lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
PHYSICAL TRAINING AS A BASIS FOR THE EFFECTIVENESS OF LAW ENFORCEMENT OFFICERS
The article discusses the optimization of the assessment of the functional readiness of personnel in the internal affairs bodies and ways to improve its effectiveness. The main focus of the article is to focus on the need to create individual standards of physical development for police officers, taking into account criteria such as age, work experience in law enforcement agencies, the specifics of their official tasks, and other aspects. Special attention is paid to the importance of adapting standards to the specific requirements of professional activity. The main conclusions of the article are the need to apply a systematic approach to assessing the development and maintenance of a high level of functional readiness of law enforcement officers, taking into account their professional characteristics and current trends in the development of physical culture. The study is proposed to be used to improve the regulatory framework for the requirements for the physical condition of police officers, as well as to create targeted special education programs.
Keywords: internal affairs bodies, physical training, standards, testing, improvement of the assessment system.
Article bibliography
1. Antipova E. V., Kokorin A. V. Features of physical training of employees of internal affairs bodies in modern conditions // Theory and practice of physical education. – 2021. – No. 2. – P. 85-87.
2. Baranov V. V., Romanov A. A. Professional and applied physical training of police officers: status and prospects for improvement // Scientific notes of the University named after P. F. Lesgaft. – 2021. – No. 4 (194). – P. 27-32.
3. Volchenkov G. V., Golubev S. A. Assessment of physical fitness of employees of internal affairs bodies and its impact on the effectiveness of official activities // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 120-124.
4. Grigoriev O. A., Mikhailov A. V. Modern approaches to the organization of physical training in the system of the Ministry of Internal Affairs of Russia // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (91). – pp. 179-184.
LAW ENFORCEMENT AUTHORITIES
SOBOLEV Andrey Georgievich
Head of Fire training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
TORGERSEN Alexander Sergeevich
senior lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
AFANASKIN Pavel Vladimirovich
lecturer of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
BUDNIK Nikita Stanislavovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
PSYCHOLOGICAL TRAINING OF EMPLOYEES FOR THE USE OF SERVICE WEAPONS
This article discusses the problems an employee faces while performing official tasks. Employees’ activities are often conditioned by very complex, stressful, and extraordinary conditions, which, in turn, require instant decision-making. Constant official tasks, excessive physical and psychological stress. The characteristic features of behavior in various situations, psychological behavior, self-control, and all this in compliance with the rule of law, while the use of firearms entails a very serious responsibility. In this regard, it is necessary to develop the psychological preparedness of employees, which will be necessary to ensure efficiency and well-being in the work environment. It will help to develop qualities such as emotional stability, communication skills and ethical principles, which will have a positive impact on professional activity in the future.
Keywords: employees, training, psychology, behavior, extreme situations, emotional stress, difficulties, improvement, readiness to use weapons.
Article bibliography
1. Balabanov V. Yu., Pavlenko S. V. General military training. Firearms training with small arms: a tutorial. – Novosibirsk: Siberian State University of Telecommunications and Informatics, 2022. – 102 p.
2. Ryzhov A. V., Konyaev V. M., Pozhidaev S. V., Gordenko D. V. Basics of firearms training: a tutorial. – 2nd ed. – Moscow: IP Ar Media, 2024. – 110 p.
LAW ENFORCEMENT AUTHORITIES
KHAKIMOV Nazim Nazipovich
senior lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
BURLIN Sergey Vladimirovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
KOVGAN Ekaterina Yurjevna
lecturer of Administrative law sub-faculty, Rostov Law Institute of the MIA of Russia, captain of police
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol, captain of police
THE PECULIARITIES OF THE DEVELOPMENT OF COMMUNICATION SKILLS AMONG PATROL OFFICERS
This scientific article examines the role of the communication skills of patrol and patrol service personnel in ensuring public safety and law enforcement. The authors note that patrol officers constantly interact with people from different walks of life, including law-abiding citizens, potential offenders, and victims of crime. Effective communication is a crucial factor for conflict prevention, obtaining and exchanging information, establishing trust and cooperation with the public, as well as providing assistance and support to citizens in crisis situations.
The authors consider the causes of conflicts in the interaction of patrol officers with citizens and identify three blocks of communicative tasks that are solved in the process of professional interaction: tasks for profiling the interlocutor’s personality, interactive tasks, and perceptual tasks.
The article highlights the importance of developing communication skills for teaching staff and offers recommendations for their improvement.
Keywords: patrol and post service, professional training, communication skills, effective communication, communicative competence.
Article bibliography
1. Gainullina A. V. Problems of developing communicative competence of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-razvitiya-kommunikativnoy-kompetentnosti-sotrudnikov-ovd (date of access: 01/27/2025).
2. Polyakova N. A. Adaptation and communicative potential of patrol police officers at various stages of professional activity // World of Science. Pedagogy and Psychology. – 2021. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/adaptatsionnyy-i-kommunikativnyy-potentsial-sotrudnikov-patrulno-postovoy-sluzhby-politsii-na-razlichnyh-etapah-professionalnoy (date of access: 01/27/2025).
3. Polyakova N. A. The structure of personal, adaptive and communicative characteristics of employees of the patrol and post police service at various stages of professional activity // The world of science. Pedagogy and psychology. – 2022. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/struktura-lichnostnyh-adaptatsionnyh-i-kommunikativnyh-osobennostey-sotrudnikov-patrulno-postovoy-sluzhby-politsii-na-razlichnyh (date of access: 27.01.2025).
4. Sergienko A. S. On the formation of communicative competence in situations of communication between employees of internal affairs bodies and citizens // E-Scio. – 2020. – No. 11 (50). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-formirovanii-kommunikativnoy-kompetentnosti-v-situatsiyah-obscheniya-sotrudnikov-organov-vnutrennih-del-s-grazhdanami (date of access: 27.01.2025).
5. Chernysheva E. V. Stress resistance of employees of the patrol and post police service in the conditions of professional activity // Psychopedagogy in law enforcement agencies. – 2023. – No. 2 (93). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stressoustoychivost-sotrudnikov-patrulno-postovoy-sluzhby-politsii-v-usloviyah-professionalnoy-deyatelnosti (date of access: 27.01.2025).
LAW ENFORCEMENT AGENCIES
AMIRKHANYAN Vahe Gagikovich
Senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
ALEXEEV Artem Mikhaylovich
Lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
ANTONENKO Alexander Alexandrovich
senior lecturer of Fire and physical training sub-faculty, Rostov Law Institute of the MIA of Russia
THE ROLE OF PHYSICAL TRAINING IN ENSURING THE SAFETY OF POLICE OFFICERS
The article examines the role of physical training of police officers in ensuring their safety and efficiency in performing official functions. The focus is on various aspects of physical fitness, including strength, endurance, flexibility and speed, as well as their impact on psychological confidence and stress tolerance. The author analyzes the relationship between physical fitness and injury prevention, as well as the effective use of special tools. The article also describes the importance of implementing specialized physical training programs covering general physical development, tactical training and psychological training. Approaches to the implementation of a physical training program are being considered, including regular evaluations, support from management and exchange of experience between various human rights bodies. In conclusion, the need to invest resources in physical training as an element of a strategy to improve the safety and effectiveness of police work in modern society is emphasized. The article will be useful for practicing law enforcement officers, managers and researchers in the field of safety and physical training.
Keywords: physical training, police officers, safety, stress resistance, training programs, psychological training, public safety.
Article bibliography
1. Ivanov A. P. The role of physical training in the professional activities of police officers // Journal of Law and Security. – 2021. – No. 18 (2). – P. 45-54.
2. Petrov S. V. Physical training as a factor in increasing the effectiveness of law enforcement agencies // Russian Law Journal. – 2021. – No. 23 (3). – P. 112-119.
3. Kuznetsova E. A. The influence of physical activity on the stress resistance of police officers // Scientific Bulletin of the Ministry of Internal Affairs of Russia. – 2022. – No. 9 (1). – P. 88-96.
4. Sidorov I. A. Physical fitness as the basis for professional training of a police officer // General justice. – 2022. – No. 15 (4). – P. 78-85.
5. Smirnova N. M. Integration of physical training into training programs for law enforcement officers // Journal of Law and Order. – 2023. – No. 14 (1). – P. 39-47.
6. Zaitsev D. N. Problems and solutions of physical training of police officers in modern conditions // Law enforcement research. – 2021. – No. 10 (6). – P. 134-141.
7. Fedorov A. I. Stress Resistance in Police Officers and Its Relationship with Physical Fitness // Psychology and Law. – 2023. – No. 29 (2). – P. 159-167.
LAW ENFORCEMENT AGENCIES
HUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
ULRICH Sergey Alexandrovich
Ph.D. in technical sciences, Deputy Head of Fire and technical training sub-faculty, Barnaul Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia
TOPOGRAPHIC ASPECTS OF ENGINEERING TRAINING OF LAW ENFORCEMENT OFFICERS
Engineering support is organized in order to create the necessary conditions for law enforcement units, allowing them to move, deploy and maneuver in a timely and covert manner to successfully complete operationional and service tasks in special conditions, as well as to increase the protection of personnel and equipment from modern weapons. This article examines the importance of taking into account topographic aspects in the engineering training of law enforcement officers as one of the integral components of the professional training of police personnel.
Keywords: engineering training, topographic training, law enforcement officers, locality, stronghold.
Article bibliography
1. Romanov A. A., Pestru E. I. On some problems of organizing and conducting classes on developing skills for solving operational and service tasks in special conditions and ways to solve them // Modern approaches to training personnel in the interests of ensuring legality and law and order: issues of modernization and improvement: Collection of materials of the educational and methodological meeting, Ufa, February 21-22, 2024. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – P. 177-185. – EDN IOSKID.
2. Vostroknutov A. L., Suprun V. N., Shevchenko G. V. Protection of the population and territories in emergency situations. Fundamentals of topography: textbook for universities / General editor A. L. Vostroknutov. – 2nd ed., corrected. and additional. – Moscow: Publishing house Yurait, 2024. – 410 p. – (Higher education). – ISBN 978-5-534-13151-2 // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/535937 (date of access: 05.01.2025).
3. Muzafin R. R. Military topography as a basis for combat training of an employee of the internal affairs bodies // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2019. – No. 2. – P. 573-576. – EDN ZIRAKY.
LAW ENFORCEMENT AUTHORITIES
EVLOEV Tamerlan Yakubovich
postgraduate student of Organization of judicial and prosecutorial and investigative activities sub-faculty, O. E. Kutafin Moscow State Law University(MSAL)
CURRENT ISSUES OF DIGITALIZATION OF THE PROSECUTOR’S OFFICE
The article examines the current state of the implemented information technology systems within the framework of digitalization of the prosecutor’s office. The main objective of the study is to analyze the effectiveness of existing systems, as well as to assess the impact of individual aspects on the activities of prosecutors in the digital space. The article proposes the integration of individual digital platforms for simplified document flow for both citizens and specialized agencies within the framework of interaction. The need for further development of not only digital systems of the prosecutor’s office, but also regulatory regulation of the digital development of the prosecutor’s office is noted.
Keywords: prosecutor’s office, digitalization, Concept, security, digital systems, interaction.
Article bibliographic list
1. 1. Barchukov V.K. Information support, artificial intelligence, law enforcement / Under the general editorship of Doctor of Law, Professor S.V. Rastoropov. – St. Petersburg: Publishing house “Legal Center”, 2022. – 272 p.
2. 2. Kapinus O.S. Digitalization of the activities of the prosecutor’s office: the present and the future // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. – 2018. – No. (66).
3. 3. Stepanova M. V. The role of big data in prosecutorial supervision // Journal of Digital Justice. – 2023. – No. 5. – P. 40-55.
SECURITY AND LAW
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences
BITOV Alim Aslanovich
lecturer of Activities of the internal affairs directorate in special conditions sub-faculty, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia
REGULATORY AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY OF THE DIGITAL RUBLE
The introduction of the digital ruble in the Russian Federation is of particular relevance, since the digitalization of the economy requires the use of a new form of money and digital national currencies are being created in other countries. The introduction of digital currency is a factor that can ensure the competitiveness of the Russian economy, as transaction costs will decrease. The digital ruble, in comparison with traditional cash and non-cash money, has a number of additional advantages that significantly increase its attractiveness as a means of payment. There is a growing need on the part of citizens and commercial structures to increase the speed, security and convenience of transactions with funds. The Bank of Russia is implementing projects that contribute to the development of the digital economy, including the introduction of the digital ruble. The introduction of a new form of money is a cocomplex and multi-stage process. This process requires the development of a regulatory and technical basis for the issue and circulation of the digital ruble. It is necessary to make certain changes to the current regulatory legal acts and develop new provisions that regulate the circulation of the digital ruble. One of the most pressing issues of the circulation of the digital ruble is ensuring the information security of the digital ruble, which will increase the level of trust in the new form of money.
Keywords: digital ruble, information security, platform, credit institutions, cryptography, electronic wallets, regulation, digital code, software module, application.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by a nationwide vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020).
2. Bank of Russia Regulation of December 7, 2023 No. 833-P “On the requirements for ensuring the protection of information for participants in the digital ruble platform”.
3. The concept of the digital ruble developed by the Bank of Russia. – M., 2021.
4. Dyakonov R. V. Prospects for the introduction of a central bank digital currency in the world and in Russia // Management Issues. – 2023. – No. 1 (80). – P. 7.
5. Pusurmanov G. V. Legal and economic aspects of the introduction of the digital ruble in the Russian Federation // 5. Pravo5. 5. and5. 5. practice. – 2023. – No. 2. – P. 100-106.
6. Fiapshev A.B. Functionality of digital currencies as an external manifestation of their essence and a development factor // Business. Education. Law. – 2022. – No. 1 (58). – P. 25-31.
7. Shumilova V.V. Digital ruble of the Bank of Russia as a new form of national currency // Legal paradigm. – 2022. – Vol. 21, No. 2. – P. 156-162.
SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
ZAITSEV Andrey Gennadjevich
lecturer of Fire and technical training sub-faculty, Barnaul Law Institute of the MIA of Russia
KOVALEV Timur Vitaljevich
lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FIGHT AGAINST UNMANNED AERIAL VEHICLES IN MILITARY CONFLICTS
One of the directions of national security and ensuring the geopolitical situation is the development of means of combating unmanned aerial vehicles, which requires constant development and improvement of technical means. Therefore, the fight against drones requires a holistic approach and constant technical updates in order to ensure reliable protection against the offensive threat, which in the future will allow us to achieve technological advances and solve problems that require constant research and development.
Keywords: drones, unmanned aerial vehicles, military conflict, struggle.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ // Reference and legal system “Garant”. – [Electronic resource]. – Access mode: https://www.garant.ru (date of access: 11/10/2024).
2. Code of the Russian Federation on Administrative Offenses of 12/30/2001 No. 195-FZ // Reference and legal system “Garant”. – [Electronic resource]. – Access mode: https://www.garant.ru (date accessed: 10.11.2024).
3. Semenets V. O. Methods of countering unmanned aerial vehicles // Science-intensive technologies in space research of the Earth, 2018. – 8 p.
4. Lopin I. N. Development of means of combating unmanned aerial vehicles // Military Thought, 2023. – 47 p.
5. Agievich D. I. Trends in the development of means of combating unmanned aerial vehicles in Russia and abroad based on the results of 2023. – Text: electronic [site]. – [Electronic resource]. – Access mode: https://nic-pnb.ru/ (date accessed: 10.11.2024).
PEDAGOGY AND LAW
VALIAKHMETOV Ruslan Rasulevich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
MALOFEY Alexander Olegovich
Ph.D. in technical sciences, associate professor, Head of Tactical and special training sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
KOZHIN Dmitriy Alexandrovich
senior lecturer of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FEATURES OF THE FORMATION OF MUSCLE CONTROL WHEN MASTERING THE TECHNIQUE OF A WELL-AIMED PISTOL SHOT
This article examines the problems of producing a successful firearm shot, the factors influencing successful shooting, the need for muscle control to master the technique of accurate firearm shooting, and also examines the most common mistakes that a shooter encounters while performing firing exercises. It is worth noting that in order to master the technique of muscle control to produce an accurate shot, it is necessary to perform the exercise correctly, position the legs, form the correct grip, study the technique of breathing when shooting, smooth handling of the trigger and many other factors. The authors describe the need for constant training both in the classroom and separately. Attention is also paid to the ways and mechanisms that can help beginners and experienced shooters develop their shooting skills with maximum efficiency.
Keywords: shooting, preparation, grip, breathing, distribution of effort, waiting for a shot, technique, control.
Article bibliography
1. Khusnetdinov G. R., Karpov E. N. Fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: a teaching aid. – Kazan: Kazan Law Institute of the Ministry of Internal Affairs of Russia, 2020. – 164 p.
2. Drobyshev V. I., Smetannikov A. P. Fundamentals of organizing fire training: a teaching aid. – Moscow, Vologda: Infra-Engineering, 2023. – 220 c.
PEDAGOGY AND LAW
DAMINOV Ainur Aidarovich
senior lecturer of Fire and tactical-special training sub-faculty, Ufa Law Institute of the MIA of Russia
SHOKHIN Vladimir Evgenjevich
senior lecturer of Physical training and sports sub-faculty, Krasnodar University of the MIA of Russia
PODKOVKA Svetlana Valerjevna
lecturer of the cycle of professional service and physical training, Ufa School for Training Dog Handlers of the MIA of Russia
IMPROVING FIRE TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA (PEDAGOGICAL ASPECT)
In this article, the authors examined the concept of fire training, which is carried out by employees of internal affairs agencies. The article examines various problems associated with fire training of employees, as well as the reasons why the described problems could arise. In addition, the authors propose promising ways to develop fire training for employees of internal affairs agencies, allowing to increase the efficiency of their official tasks.
Keywords: firearms training, internal affairs agencies, training program, ways of improvement, firearms.
Article bibliography
1. Kolesnikov A. S. Methodology of teaching fire training to law enforcement officers at the present stage – Text: direct // Young scientist. – 2019. – No. 15 (253). – P. 266-270. – [Electronic resource]. – Access mode: https://moluch.ru/archive/253/57954/ (date of access: 10.01.2024).
2. Domracheva E. Yu., Bogatyr D. K. Methodology of fire training of cadets (students) of educational institutions of the Ministry of Internal Affairs of Russia // Epoch of Science. – 2016. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodika-ognevoy-podgotovki-kursantov-slushateley-uchebnyh-zavedeniy-mvd-rossii (date of access: 01/25/2024).
3. Kalinnikov A. S. Fire training of police officers: scientific and practical manual. – Kaliningrad: Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia, 2019. – 258 p.
PEDAGOGY AND LAW
ZABOLOTNYKH Alexander Alexandrovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
IMANGAZHINOV Dosbolat Toktubaevich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia
ZHILIN Roman Andreevich
Ph.D. in technical sciences, associate professor of Tactical and special training sub-faculty, Voronezh Law Institute of the MIA of Russia
CURRENT ISSUES OF THE INTRODUCTION OF UNMANNED AIRCRAFT SYSTEMS IN EDUCATIONAL INSTITUTIONS THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Modern conditions of service for law enforcement officers imply a deep immersion in the development of advanced technologies. This article provides practical examples of the practical application of unmanned aircraft systems in the educational process. The need to introduce unmanned aircraft systems into the educational process, as well as into professional activities. Examples of their application are analyzed, as well as a rational approach is considered to learn. The authors of the article rightly point out that the main method of introducing unmanned aerial vehicles into the professional activity is to create educational places on the basis of educational organizations.
Keywords: Innovative approach, unmanned aerial vehicles, quadcopters, unmanned aerial system.
Article bibliography
1. Air Code of the Russian Federation: (collected laws of the Russian Federation, 1997, No. 12, art. 1383): as amended by the Federal Law of the Russian Federation of July 8, 1999 No. 150-FZ (SZ RF, 1999, No. 28, art. 3483). – 2nd ed., suppl. – Moscow: Os-89, 2004. – 62 p. – ISBN 5-86894-143-8. – EDN QWCDBF. Medvedev I. M. Organization of professional and applied physical training in educational organizations of the Ministry of Internal Affairs of Russia: dis. … cand. ped. sciences. Volgograd, 1999. 165 p.
2. Ivanova P. N. Air Code of the Russian Federation in the system of legal regulation of flight safety // Scientific notes of the Tambov branch of RosSMU. – 2024. – No. 33. – P. 37-42. – EDN SEANHM. Organization of professional service and physical training in the internal affairs bodies: a tutorial / [A. R. Kosikovsky et al.]. M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. 124 p.
3. Ulyanov D. V., Egorov A. A., Vasiliev D. S. Using a UAV flight simulator as a UAV operator simulator // 19th International Conference “Aviation and Cosmonautics”: Abstracts of the 19th International Conference, Moscow, November 23-27, 2020. – Moscow: Pero Publishing House, 2020. – P. 109. – EDN YJYROR.
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
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
THE IMPORTANCE OF PATRIOTIC EDUCATION FOR JUVENILE OFFENDERS IN CORRECTIONAL COLONIES
The article examines the importance of patriotic education for juvenile offenders in correctional colonies. It describes the psychological and social aspects that help form proper values and motivation in youth deprived of liberty. The focus is on methods and forms of implementing patriotic education, including educational programs, creative activities, and participation in patriotic events. The article emphasizes the importance of patriotism in overcoming antisocial tendencies and in the social adaptation of offenders after their release.
Keywords: penal enforcement system, patriotic education, Federal Penitentiary Service of Russia, minors, convicts, educational colony, psychological aspects, social adaptation, methods of education, rehabilitation.
Bibliographic list of articles
1. Kravchenko N. M. Psychology of deviant behavior: textbook. – 2nd ed., revised. and additional – Moscow: Moscow State University Publishing House, 2019. – 320 p.
2. Mikhailova I. V. Patriotic education of youth in Russia: problems and solutions. – St. Petersburg: RSPU, 2020. – 256 p.
3. Ivanov A. A. Social adaptation of juvenile convicts: textbook for universities. – 3rd ed. – Kazan: Kazan University Publishing House, 2021. – 180 p.
4. Saveliev V. P. The role of patriotism in the education of children and adolescents. – Moscow: Publishing house of NPO “Raduga”, 2020. – 198 p.
5. Fedorov A. F. Education as a means of correction of convicts in educational colonies // V International pedagogical readings dedicated to the memory of professor S. I. Zlobin: collection of materials, October 2-4, 2019 / Compiled by N. A. Sannikov. – Perm: Perm Institute of the Federal Penitentiary Service, 2019. – Pp. 247-251.
6. Zorina N. S., Tsarkova E. G. Education as a means of social adaptation of juvenile convicts // Eurasian Law Journal. – 2024. – No. 9 (196). – pp. 509-510.
EDAGOGY AND LAW
KIM Vadim Olegovich
Head of Physical training sub-faculty, Ufa Law Institute of the MIA of Russia
BONDAR Albert Yanovich
Associate Professor of Physical training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
BORISOVA Natalya Ivanovna
senior lecturer of Operational investigative activities of the internal affairs bodies of the Russian Federation, Omsk Academy of the MIA of Russia
PRIVALOV Valeriy Valerjevich
lecturer of Physical training and sports sub-faculty, Krasnodar University of the MIA of Russia
KETTLEBELL EXERCISES AS A MEANS OF IMPROVING THE STRENGTH TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Currently, physical education, like sports, is associated with many areas of life of police officers. The systems of development, education, upbringing, and training in physical strength training are aimed at working with weights and with one’s own weight. A special feature of conducting independent physical training classes is the systematic and periodization of performing strength exercises aimed at developing all physical qualities. One of the types of sports activities that is aimed at developing strength endurance and contributes to the formation of strength qualities is the performance of a set of physical exercises with kettlebells as part of the independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: strength training, strength endurance, physical qualities, muscle strength, kettlebell lifting, training load, training volume, training intensity.
Article bibliography
1. Babin A. V., Mingulov I. R. Features of the formation of strength abilities in employees of the Ministry of Internal Affairs of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, Orel, June 23, 2022. – Orel: Orel Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 30-33.
2. Babin A. V., YachmenevS. P., Lukyanov A. B. [et al.]. Actual problems of physical education and sports in Russia // Actual problems of physical culture, sports and tourism: materials of the XVII International scientific and practical conference, Ufa, May 25-26, 2023. – Ufa: Federal State Budgetary Educational Institution of Higher Education “Ufa University of Science and Technology”, 2023. – P. 66-70.
3. Gabdrashitova K. I., Yakushev E. V., Ivaschenko N. Yu. Fundamentals of physical training in educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 7 (182). – P. 446-448.
4. Lukyanov A. B., Babin A. V. Study of special training of mass-ranked powerlifters in the bench press exercise // Theoretical and methodological aspects of training specialists for the field of physical culture, sports and tourism: collection of materials from the 1st International Scientific and Practical Conference, Volgograd, October 20-21, 2021. Volume 1. – Volgograd: Volgogradskaya, 2021. – P. 167-171.
EDAGOGY AND LAW
NIKITIN Alexander Igorevich
associate professor of Fire and tactical-special training sub-faculty, Ufa Law Institute of the MIA of Russia
ARKHIPOV Evgeniy Vladimirovich
senior lecturer, Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer, Barnaul Law Institute of the MIA of Russia
SERVICE-APPLIED SPORTS AS THE BASIS FOR THE PROFESSIONAL DEVELOPMENT OF AN EMPLOYEE OF THE DEPARTMENT OF INTERNAL AFFAIRS
The article highlights the importance of applied sports disciplines in the professional development of law enforcement officers. The article analyzes the system of professional training of law enforcement personnel, including the historical genesis of combat sambo as the basis for the formation of methods of combat techniques of wrestling. Special attention is paid to the specifics of the use of physical force by law enforcement officers in the context of the integration of various specially applied techniques and martial arts. Combat sambo is an optimal tool for using force in the system of professional training of law enforcement officers.
Keywords: combat sambo, employee, use of physical force, professional training.
Bibliographic list of articles
1. Resolution of the Government of the Russian Federation of August 20, 2009 No. 695 “On approval of the list of military-applied and service-applied sports and federal executive bodies responsible for managing the development of these sports.” [Electronic resource]. – Access mode: Access from the reference and legal system “Garant”.
2. Aldoshin AV, Barkalov SN, Gerasimov IV Special physical training of police officers to perform service and combat missions in local conflicts: monograph / Under the general editorship of AV Aldoshin. – Orel: Orel Law Institute of the Ministry of Internal Affairs of Russia named after VV Lukyanov. – 2023. – P. 14.
3. Gerasimov IV Methodology for training national teams of the Internal Affairs Directorate in service-applied sports // Science and Practice. – 2013. – P. 111.
4. Order of the Ministry of Internal Affairs of Russia dated February 2, 2024 No. 44 “On approval of the procedure for organizing the training of personnel to fill positions in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: Access from the reference and legal system “Garant”.
5. Federal Law of November 30, 2011 No. 342-FZ (as amended on February 26, 2024) “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” (as amended and supplemented, entered into force on June 1, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “Consultant Plus”.
PEDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
AKHIYAROV Robert Ayratovich
associate professor of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KOSHEVETS Gennadiy Vladimirovich
Head of the Training Department, Ufa School for the Training of Dog Handlers of the MIA of Russia
OLEFIRENKO Alexander Gennadjevich
senior lecturer of Tactical and special training sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
THE USE OF ARTIFICIAL INTELLIGENCE TO ANALYZE AND IMPROVE THE SHOOTING TECHNIQUES OF LAW ENFORCEMENT OFFICERS
This paper explores the possibilities of using artificial intelligence (AI) to analyze and improve the shooting techniques of law enforcement officers. Thus, the paper considers machine learning and computer vision methods that allow an objective assessment of shooting parameters, suchas accuracy, reaction speed, and exercise stability. The paper will provide an example of domestic developments in this field, as well as foreign developments. The results of the study demonstrate the potential of AI in optimizing the training process and improving the effectiveness of fire training for law enforcement personnel.
Keywords: law enforcement agencies, training, fire training, artificial intelligence, shooting ranges.
Article bibliography
1. Abidov R. R. Legal basis for organizing fire training for police officers // Journal of Applied Research. 2021. No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-osnovy-organizatsii-ognevoy-podgotovki-sotrudnikov-politsii (date of access: 20.01.2025).
2. AI will teach shooting: details about the innovation of “Kalashnikov”. [Electronic resource]. – Access mode: https://hi-tech.mail.ru/news/119788-ii-obuchit-strelbe-podrobnosti-o-novacii-kalashnikova/ (date of access: 20.01.2025).
3. “Kalashnikov”: artificial intelligence “Novator” will teach accurate shooting. [Electronic resource]. – Access mode: https://kalashnikovgroup.ru/news/kalashnikov-_iskusstvennyy_intellekt_-novatora-_obuchit_metkoy_strelbe (date of access: 20.01.2025).
4. Thales Group. Tactical Engagement Analysis: AI-driven training solutions for law enforcement. [Electronic resource]. – Access mode: https://www.thalesgroup.com (date of access: 20.01.2025).
5. Umea University. Virtual Reality and AI in Police Training: A Case Study [Electronic resource]. – Access mode: https://www.umu.se (date accessed: 20.01.2025).
PEDAGOGY AND LAW
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
KOLOMIYCHENKO Elena Valerjevna
Ph.D. in psychological sciences, associate professor of Theoretical foundations of physical education sub-faculty, Academy of Physical Culture and Sports, Southern Federal University, Rostov-on-Don
FOMICHEV Ilya Alexeevich
senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
AN INTEGRATED APPROACH TO ASSESSING THE PHYSICAL FITNESS OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS: FROM TESTING TO PERSONALIZED PROGRAMS
The article examines the importance of professionally applied physical training (PPFP) in the system of physical training of employees of internal affairs bodies. It is noted that the specifics of the operational and official activities of employees of the Ministry of Internal Affairs determines the special importance of PPFP as the main means of forming professionally significant physical qualities and motor skills. The analysis of the current state of PPFP in educational institutions of the Ministry of Internal Affairs of Russia is carried out. The main problems that negatively affect the effectiveness of this area of physical training are identified: the inconsistency of the content of the PPFP with the relevant requirements for the professional activity of employees, insufficient differentiation of curriculum by job responsibilities, low level of motivation of students for classes. The main directions for improving the PPFP are proposed: optimization of the content and structure of the PPFP, taking into account modern requirements for employees of the Ministry of Internal Affairs; introduction of innovative forms and methods aimed at improving the effectiveness of classes; differentiation of PPFs by job groups; development of criteria and indicators for assessing professionally applied physical fitness. The implementation of the proposed measures, according to the authors, will increase the level of professionally applied physical fitness of employees of the internal affairs bodies, and will also contribute to the improvement of their professional competencies necessary for the successful performance of official duties.
Keywords: employees of the Ministry of Internal Affairs, professionally applied physical training, physical fitness, improvement of forms and methods.
Article bibliography
1. Achkasov E. E., Levitan A. P., Shpagin S. V. Modern technologies for assessing the physical fitness of employees of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2021. – No. 9. – P. 66-68.
2. Gorbunov A. V., Kolomenskaya E. A. Features of professionally applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilina. – 2021. – No. 3. – P. 75-78.
3. Zaitsev A.A., Manzhelei I.V., Maltsev A.V. Improving the professional and applied physical training of cadets of educationalorganizations of the Ministry of Internal Affairs of Russia // Theory and Practice of Physical Culture. – 2022. – No. 1. – P. 83-85.
4. Lubyshev E. A., Semenov A. A., Kryukova D. A. Analysis of the state and directions of improvement of professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 167-171.
PEDAGOGY AND LAW
PEKAREVA Viktoriya Vladimirovna
student, Institute of Training of State and Municipal Employees, Academy of Law and Management of the FPS of Russia
TUARMENSKIY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty, Academy of Law and Management of the FPS of Russia
ON THE PROBLEM OF INFORMATION INFRASTRUCTURE EDUCATION IN THE PENAL SYSTEM
The article reveals the prospects for the introduction of innovative infrastructure in penal relations, as well as the specifics of digital transformation in this sphere. Special attention is paid to the need to improve personnel, thus realizing the provisions of the Development Concept for the period up to 2030. The staff of the penal and correctional system should have critical thinking skills, be trained to understand the main technical categories of the information environment, be able to work with them and recognize potential difficulties with technical devices.
Keywords: digitalization, information, penal system, departmental organizations, personnel policy, modernization.
Article bibliography
1. Ananyeva E. O., Ananyev O. G. Application of digital technologies in correctional institutions as a factor in changing the civil status of convicts // Agrarian and land law. – 2024. – No. 1 (229). – P. 144-146.
2. Vorobyov S. M., Ivliev P. V. Crowdsourcing as an innovative mechanism for increasing production activities // Agrarian and land law. – 2023. – No. 4 (220). – P. 155-157.
3. Grushin F. V. Information technologies in the activities of the penal system // News of higher educational institutions. – 2024. – No. 1 (69). – P. 68-78.
4. Kurbatova G. V., Frolovskaya Yu. I., Bondarenko I. V. Involvement of convicts sentenced to imprisonment in work as one of the factors in preventing recidivism in penal institutions // Bulletin of the public research laboratory “Interaction of the penal system with civil society institutions: historical, legal and theoretical and methodological aspects”. – 2021. – No. 22. – P. 97-103.
5. Pekareva V. V. Digital transformations in the penal system: meaning and status // Bulletin of the public research laboratory “Interaction of the penal system with civil society institutions: historical, legal and theoretical and methodological aspects”. – 2024. – No. 33. – P. 90-97.
6. Polischuk N. I. Constitutional and legal restrictions on the electoral rights of citizens serving sentences of imprisonment // Criminal executive law. – 2024. – Vol. 19, No. 2. – P. 229-236.
7. Polischuk N. I. The role of human resources of employees of the penal system in the law-enforcement activities of the state // V International Penitentiary Forum “Crime, Punishment, Correction” (dedicated to the Year of Science and Technology in the Russian Federation in 2021): Collection of additional materials, November 17-19, 2021. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2021. – P. 174-178.
8. Sysoeva A. S. Prospects for the introduction of modern technologies in the penitentiary system: foreign and domestic experience // Bulletin of the Volga University named after V.N. Tatishchev. – 2023. – Vol. 2, No. 4 (106). – P. 127-136.
9. Tuarmensky A. V., Shuktomov K. B. Information chat bot in the digital educational environment // Information technologies in the modern world – 2022: collection of materials and reports of the XVIII All-Russian (with international participation) student conference, May 16, 2022. – Ekaterinburg: Autonomous non-profit organization of higher education “Humanitarian University”, 2022. – P. 126-129.
10. Tsarkova E. G. Aspects of the application of artificial intelligence methods for constructing a predictive model of the success of training cadets of educational organizations of the penal system of the Russian Federation // Law and Management. – 2024. – No. 1. – P. 393-396.
EDAGOGY AND LAW
KHUDOYKINA Tatyana Viktorovna
Ph.D. in Law, professor, Head of Legal technologies and jurisprudence sub-faculty, N. P. Ogarev National Research Mordovia State University, Saransk
KOROLEVA Viktoriya Viktorovna
educational psychologist, Municipal budgetary general educational institution “Russko-Paevskaya secondary comprehensive school»
FORMATION OF LEGAL CULTURE OF STUDENTS
This article examines the process of forming the legal culture of young students as a multifaceted phenomenon associated with the integration of young people into the social and legal environment. The main role in this process is given to educational organizations, their activities are aimed at the formation and development of personality. Attention is focused on the fact that cooperation between public organizations and government agencies is aimed at the effective development of a high level of legal culture among young students.
Keywords: legal culture, students, legal education, legal consciousness, educational organizations.
Bibliographic list of articles
1. On the organization of classes “Conversations about the important” [Text]: letter of the Ministry of Education of the Russian Federation dated June 17, 2022 No. 03-871 // Education Administrator. – 2022. – No. 17. – P. 50-52.
2. Kibizova E.K. The problem of forming the legal culture of youth in Russia // Innovative science. – 2017. – No. 4. – P. 83-88.
3. Ustyan E.A. Problems of legal culture in modern Russian society // Theory of state and law. – 2024. – No. 3-1 (19-1). – P. 138-151.
4. Khudoykina T.V. Formation of the legal culture of schoolchildren // Social and political sciences. – 2016. – No. 4. – P. 248-251.
EDAGOGY AND LAW
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
LAPSHIN Igor Efimovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Theoretical foundations of physical education sub-faculty, Academy of Physical Culture and Sports, Southern Federal University, Rostov-on-Don
FEATURES OF THE APPLICATION OF ACTIVE TEACHING METHODS IN THE PROCESS OF PROFESSIONAL TRAINING OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article is devoted to the analysis of the effectiveness of active and interactive teaching methods in the training of police officers in the context of the transformation of the education system. The authors substantiate the need for a transition from traditional methods to the active involvement of students in the educational process. The article examines the definitions of active learning methods presented by various authors and provides examples of their applications (business games, field trips, problem seminars). The authors note that active teaching methods are effective tools that contribute to the in-depth assimilation of knowledge and the formation of critical thinking among students, however, in some cases their application can cause a number of significant difficulties. The article is relevant for teachers and methodologists working in the system of the Ministry of Internal Affairs of Russia, and can serve as a starting point for further research in this field.
Keywords: active learning, interactive learning methods, active learning methods, educational technologies, vocational training.
Article bibliography
1. Grudzinskaya E. Yu., Mariko V. V. Active teaching methods in higher education. Educational and methodological materials for the advanced training program “Modern pedagogical and information technologies”. – N. Novgorod, 2007.
2. Tarchokov B. A., Tarchokova M. A. Application of active and interactive teaching methods in the process of professional training of students of educational organizations of the Ministry of Internal Affairs of Russia // Journal of Applied Research. – 2021. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-aktivnyh-i-interaktivnyh-metodov-obucheniya-v-protsesse-professionalnoy-podgotovki-slushateley-obrazovatelnyh (date of access: 03.02.2025).
3. Toshboeva N. B. Features of active teaching methods // Economy and Society. – 2021. – No. 5-2 (84). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-aktivnyh-metodov-obucheniya-1 (date of access: 03.02.2025).
4. Yakubova Ya. R. Active forms of learning – a factor in the intensification of the educational process. – M: Higher education today, 2007.
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 Penitentiary Sservice” of Russia
IMPROVING THE EDUCATIONAL LEVEL OF JUVENILE CONVICTS AS ONE OF THE CONDITIONS FOR SUCCESSFUL ADAPTATION
In the presented article, the education of juvenile convicts is considered as a condition contributing to their socialization. It is indicated that the motives for obtaining education and training of convicts have an impact on the adaptation processes of minors. Prison libraries play an important role in the education of juvenile convicts. Special attention is paid to methods and approaches to teaching adolescents in conditions of deprivation of liberty, including the individualization of educational programs, the development of motivation to study and the integration of social skills into the educational process.
Keywords: juvenile convicts, adaptation, re-socialization, penitentiary institution, educational colony, penal enforcement system, Federal Penitentiary Service of Russia.
Article bibliography
1. Melnikov V. Yu., Dzhamalova B. B., Abdullaev K. F. Actual problems of criminal law, procedure and forensics / Rostov Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia). – Rostov-on-Don: Limited Liability Company “Science and Education Fund”, 2019. – 336 p.
2. Osipova I. I. Resocialization of minors with deviant and delinquent behavior // Regionology. – 2006. – No. 2 (55). – P. 179-189.
3. Talanov S. L. Education of convicts in correctional colonies as a resource for personal and professional development // Current issues of continuous professional education: Collection of materials, Yaroslavl, March 1–2, 2018 / Under the scientific editorship of M. V. Novikov. – Yaroslavl: Yaroslavl State Pedagogical University named after K. D. Ushinsky, 2018. – P. 178-181.
4. Timoshenko M. A. Problems of realization of the right to education by minors serving sentences in educational colonies of the Federal Penitentiary Service of the Russian Federation // Technologies of formation of legal culture in the modern educational space: materials of the All-Russian scientific and practical conference with international participation, Volgograd, November 2-3, 2015. – Volgograd: Volgograd State Agrarian University, 2016. – P. 76-84.
5. Fedorov A. F. Education as a means of correction of convicts in educational colonies // V International Pedagogical Readings dedicated to the memory of Professor S. I. Zlobin: Collection of materials, Perm, October 2-4, 2019 / Compiled by N. A. Sannikov. – Perm: Perm Institute of the Federal Penitentiary Service, 2019. – P. 247-251.
6. Zorina N. S., Tsarkova E. G. Education as a means of social adaptation of juvenile convicts // Eurasian Law Journal. – 2024. – No. 9 (196). – P. 509-510. – EDN EAODYU.
EDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire Training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KUZMIN Sergey Sergeevich
senior lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
MELIKSETYAN Nelson Genrikovich
lecturer of Tactical and special training sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
INNOVATIVE METHODS OF FIRE TRAINING OF CADETS: FROM THEORY TO PRACTICE
The article describes an innovative method of training cadets in the framework of fire training classes, focusing on the introduction of modern technologies such as virtual simulators and augmented reality systems. Special attention is paid to the modernization of traditional curriculum, justifying the need to switch to more flexible and effective high-tech methods of training and provision, in-depth development of educational materials.
Keywords: virtual reality, augmented reality, shooting simulator, fire training of cadets, shooting technique.
Bibliographic list of articles
1. Gadil’shin I. M. Virtual reality in the training of military personnel // Collection of articles of the International scientific and practical conference “Modern technologies: problems of innovative development”. Petrozavodsk: MCNP “Science”, 2019. Pp. 232-235.
2. Ivanova A. V. Virtual and augmented reality technologies: possibilities and obstacles to application // SRRM. 2018. No. 3 (108). Pp. 88-107.
3. Smirnova Yu. V., Karbovsky A. G., Karbovskaya V. V. Optimization of physical and fire training of special forces personnel based on an integrative approach // Fitness: theory and practice. 2022. No. 13. P. 7.
4. Spitsyn P. A., Bavula A. A New level of training promising forms of training for studentssants using virtual reality tools // VVO. 2021. No. 4 (31). P. 99-104.
5. Toropov V. A. Innovative approach to teaching fire training // Scientific and methodological problems of training instructors and pedagogical personnel in combat and physical training for internal affairs agencies: collection of materials of the VI interuniversity scientific and practical conference. Stavropol. 2013. P. 36-41.
6. Yadrovskaya M. V. Modeling tools in computer training technologies // OTO. 2015. No. 2. P. 618-637.
7. SKATT shooting simulators. [Electronic resource]. – Access mode: https://www.scatt.ru/training-systems / (date of access: 14.06.2024).
8. ARENA-3D simulator. [Electronic resource]. – Access mode: https://neramsc.ru/catalog(date of access: 14.06.2024).
9. Augmented reality system “Integrator”. [Electronic resource]. – Access mode: https://avtechno.ru (date of access: 15.06.2024).
PEDAGOGY AND LAW
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
MALYAVINA Anna Borisovna
Ph.D. in political sciences, researcher at the Scientific Research and Editorial Publishing Department, Rostov Law Institute of the MIA of Russia
BITYUTSKIKH Ivan Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
PHYSICAL TRAINING AS A BASIS FOR OVERCOMING STRESSFUL SITUATIONS IN THE OFFICIAL ACTIVITIES OF THE MINISTRY OF INTERNAL AFFAIRS
The article examines the role of physical fitness as an important factor in overcoming stressful situations in the professional activities of employees of the Ministry of Internal Affairs of the Russian Federation. The main aspects of physical training are considered, including the impact of regular physical activity on the psycho-emotional state of employees, their self-confidence and their ability to cope with high demands of professional activity. It also highlights the main stressful situations faced by Interior Ministry employees, and describes how physical activity can serve as an effective tool to overcome them. Special attention is paid to the development of specialized physical training programs adapted to the specifics of the work of the Ministry of Internal Affairs, as well as the need for psychological training and support for employees. The article highlights the importance of integrating physical activity into the daily lives of Interior Ministry employees to improve their overall readiness and professional effectiveness.
Keywords: physical training, stressful situations, psychoemotional state, stress tolerance, physical training programs, law enforcement officers.
Article bibliography
1. Ivanov A. V. The role of physical training in the formation of professional competencies of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 123-128.
2. Sidorov S. A. The influence of physical training on the effectiveness of the official activities of police officers // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 42-49.
3. Kuznetsov M. M. Features of the organization of physical training in the system of professional training of internal affairs officers // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 67-73.
4. Smirnov I. V. An integrated approach to the physical training of internal affairs officers // Scientific Notes of P.F. Lesgaft University. – 2022. – No. 3. – P. 281-286.
PSYCHOLOGY AND LAW
TAYSAEVA Svetlana Borisovna
Ph.D. in psychological sciences, associate professor of Political analysis and socio-psychological processes sub-faculty, G. V. Plekhanov Russian University of Economics
CHIRKUNOVA Olga Igorevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
KRAVCHENKO Veronika Alexeevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
THE RELATIONSHIP BETWEEN PERSONAL CHARACTERISTICS AND THE ABILITY TO SELF-GOVERNMENT AMONG PARTICIPANTS IN A SPECIAL MILITARY OPERATION
The article is dedicated to the topic of the relationship between personality traits and the ability to self-manage in people with experience of participating in their own. The relevance of the study is due to the need to study the specific psychological characteristics of participants in a special military operation (SMO), determined by stress conditions, feelings of insecurity and fear. This is necessary to develop effective rehabilitation and support programs that take into account the unique features of this conflict.
Keywords: personal characteristics, the ability to self-manage, participants in the special military operation.
Article bibliography
1. Astanina N. B. Development of ideas about trust as a psychological phenomenon in foreign science // Bulletin of Kostroma State University. – 2010. – Issue. 16 (1). – P. 139-143.
2. Bulanova I. S., Smolyansky P. V., Chernov A. Yu. Identity and semantic system of a soldier: an experience of narrative analysis of military-historical memoirs // World of science. Pedagogy and psychology. – 2019. – No. 4.
3. Zelyanina A. N. Dynamics of personality characteristics in veterans with varying severity of military trauma // Psychological studies. – 2012. – No. 1 (21). – P. 3. [Electronic resource]. – Access mode: http://psystudy.ru (date of access: 12/21/2024)
4. Peysakhov N. M. Patterns of the dynamics of mental phenomena. – Kazan: Publishing house of Kazan. University, 1984. – 235 p.
5. Razdobreva M. E. Comparative analysis of approaches to understanding self-regulation (based on the concepts of V. I. Morosanova and N. M. Peysakhov) // Amur Scientific Bulletin. – 2022. – No. 2. – P. 40-44.
STATE AND LAW
KOROBAEV Dmitriy Vladimirovich
associate professor of Customs law and organization of customs affairs sub-faculty, Russian University of Transport (MIIT), postgraduate student, P. A. Stolypin International Institute of Informatization and Public Administration
TRACECA PROJECT: IN SPITE OF OR FOR THE BENEFIT OF RUSSIA
The article provides an analysis of the prerequisites for the creation of a Euro-Asian transport corridor. The goals of creating the TRACECA project are considered, the circle of initiators of this project is determined. The main emphasis is on the role of Russia in this project through the prism of events in the historical aspect – from the main competitor of the intellectual inspirers of this project to one of the main users of infrastructure in modern geopolitical conditions. Also, the material mentions the result of analytical work of the Russian diplomatic department regarding the prospects of the TRACECA project of the early 90s of the twentieth century. The position of the countries – former republics of the Soviet Union on the issue of participation in this transport project is outlined. In conclusion, the author draws a conclusion about the relevance of the TRACECA project in today’s conditions of foreign trade activities.
Keywords: international transport corridor, transit, sanctions, railway transportation, geopolitics.
Bibliographic list of articles
1. Resolution of the Government of the Russian Federation of 29.03.2022 No. 506 (as amended on 28.06.2023) “On goods (groups of goods) in respect of which certain provisions of the Civil Code of the Russian Federation on the protection of exclusive rights to the results of intellectual activity expressed in such goods and means of individualization with which such goods are marked may not be applied” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_413173/?ysclid=lybnau51qc392702427
2. Strategy for the development of railway transport in the Russian Federation until 2030 (approved by Order of the Government of the Russian Federation of June 17, 2008 No. 877-r). [Electronic resource]. – Access mode: https://mintrans.gov.ru/documents/1/1010?ysclid=lybnozdml2591491431
3. Order of the Government of the Russian Federation of 05.03.2022 No. 430-r (as amended on 29.10.2022) “On approval of the list of foreign states and territories committing unfriendly actions against the Russian Federation, Russian legal entities and individuals.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_411064/e8730c96430f0f246299a0cb7e5b27193f98fdaa/?ysclid=lybh0s2sn3137166312
4. Prospects of the interregional program of the European Commission TRACECA and its importance in integration processes. [Electronic resource]. – Access mode: https://traceca-org.org/fileadmin/fm-dam/TAREP/29xh/ps_lib/29_31_AN5_ENG_RUS_27.pdf.
5. Reference information of the Ministry of Foreign Affairs of the Russian Federation dated 28.01.2000 “Eurasian transport corridor (TRACECA project). – [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/economic_diplomacy/1745635/
6. Electronic bulletin EastRussia (“East of Russia”), “Transsib: through space and time” from 02.05.2011 [Electronic resource]. – Access mode: https://www.eastrussia.ru/material/transsib_cherez_prostranstvo_i_vremya/?ysclid=lybnk3ttdj281223304.
7. Expert report on the topic “Transit via Transsib” / Research Center for Integration Problems of the Member States of the Eurasian Economic Union “Union Narrative 2050”. [Electronic resource]. – Access mode: https://www.sonar2050.org/storage/files/%D0%94%D0%BE%D0%BA%D0%BB%D0%B0%D0%B4%D1%8B/%D0%A1%D0%9E%D0%9D%D0%90%D0%A0/%D0%A2%D1%80%D0%B 0%D0%BD%D0%B7%D0%B8%D1%82%20%D0%BF%D0%BE%20%D0%A2%D1%80%D0%B0%D0 %BD%D1%81%D1%81%D0%B8%D0%B1%D1%83.pdf?ysclid=lwt247tiec74850085.
8. Internet site of the Ministry of Transport of the Russian Federation. [Electronic resource]. – Access mode: https://mintrans.gov.ru/.
9. Internet resource of the World Bank “World Integrated Trade Solution”. [Electronic resource]. – Access mode: https://wits.worldbank.org/.
10. MIA “Russia Today”. [Electronic resource]. – Access mode: https://ria.ru/.
11. Publishing house “Kommersant”. [Electronic resource]. – Access mode: https://www.kommersant.ru/.
STATE AND LAW
LAZOVSKAYA Anastasiya Nikolaevna
magister student of the master’s program “International Cooperation in the Field of Environment and Development”, St. Petersburg State University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty, St. Petersburg State University
APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN SUSTAINABLE CITY DEVELOPMENT
The article examines the role of artificial intelligence technologies in implementing the concept of sustainable urban development. The national experience of Russia and China is given as an example of a successful policy for introducing innovative technologies into the urban environment. The provisions of the “National Strategy for the Development of Artificial Intelligence for the Period up to 2030” are analyzed. A conclusion is made about the effectiveness of introducing digital technologies in achieving the goal of sustainable urban development using Moscow as an example.
Keywords: artificial intelligence, smart cities, sustainable cities, urbanization, sustainable development goals.
Article bibliography
1. Tikhalyova E. Yu. Smart cities: legal regulation and development potential // Journal ofDigital Technologies and Law. – 2023. – No. 1 (3). – P. 803-824.
2. Papenov K. V., Nikinorov S. M., Sitkina K. S. Sustainable development of cities. – Moscow: Faculty of Economics, Lomonosov Moscow State University, 2019.
3. Ilyina I., Kono M. Transformation of approaches to the development of a “smart city”. – Moscow: Publ. House of the Higher School of Economics, 2023.
4. Teteryatnikov K. S., Kamolov S. G., Kaunov E. N. “Smart” cities as a driver of socio-economic development: the experience of Russia and China // International Economics. – 2019. – No. 9. – P. 43-62.
5. Strukova P. E. Artificial Intelligence in China: Current State of the Industry and Development Trends // Bulletin of St. Petersburg University. Oriental and African Studies. – 2020. – Vol. 12, No. 4. – P. 588-606.
6. Yao Y. Application of Artificial Intelligence in Smart Cities: Current Status, Challenges and Future Trends // International Journal of Computer Science and Information Technology. – 2024. – V. 2, No. 2. – P. 324-333.
7. Sukhoruchkina I. N., Sukhoruchkina A. A. Artificial Intelligence: Smart Cities Projects and Modernization of Russia // Russia: Development Trends and Prospects. – 2023. – No. 18-1. – P. 394-399.
STATE AND LAW
MATVEEV Konstantin Sergeevich
postgraduate student of Public law and digital law sub-faculty, Moscow University of Finance and Industry «Synergy»
ELECTRONIC HEALTHCARE IN RUSSIA: LEGAL FRAMEWORK AND DEVELOPMENT PROSPECTS
The author of this paper analyzes the formation and prospects of e-health development in Russia. The study covers the key stages of the formation of the legal framework, from the first legislative initiatives to modern regulations governing the introduction of digital technologies into medical practice. The paper examines in detail the main government projects aimed at digitalization of healthcare, such as the Unified State Information System in the Field of Healthcare (USISZ), the portal of Public Services, telemedicine and other initiatives, assessing their effectiveness and identifying problem points.
Keywords: e-health, EGISZ, telemedicine, digitalization of healthcare, medicine.
Article bibliography
1. Gusev A. V., Vladimirsky A. V., Golubev N. A., Zarubina T. V. Informatization of healthcare in the Russian Federation: history and results of development // National Healthcare. – 2021. – No. 2 (3). – P. 5-17.
2. Zarubina T. V. Unified state information system of health care: yesterday, today, tomorrow // Siberian Bulletin of Medical Informatics and Healthcare Informatization. – 2016. – No. 1. – P. 6-11.
3. Lebedev G. S., Shaderkin I. A., Fomina I. V. et al. Evolution of Internet technoin the healthcare system // Journal of Telemedicine and Electronic Health. – 2017. – No. 2 (4). – P. 63-78.
4. Shaderkin I. A. Telemedicine maturity levels // Russian Journal of Telemedicine and Electronic Health. – 2021. – Vol. 7, No. 4. – P. 63-68.
STATE AND LAW
POLUNIN Sergey Viktorovich
Ph.D. in Law, associate professor, Head of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation, colonel of justice
GERMAN Elena Sergeevna
Ph.D. in Law, associate professor, professor of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation
STABROVSKAYA Ekaterina Anatoljevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation
ARBUZOV Andrey Ivanovich
lecturer of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation, lieutenant colonel of justice
ON THE HISTORICAL ASPECTS OF THE FORMATION OF THE CONCEPT “RUSSIAN WORLD”
The article discusses the historical aspects of the formation of the concept of the “Russian World,” its legal framework, and analyzes the content of the “Russian World” as a special spiritual and cultural phenomenon of Russia. The article examines the key stages in the development of the Russian world, from medieval Rus’ to its modern forms. It examines in detail the influence of religious, cultural and political factors on the formation of the essence of the Russian world. Particular attention is paid to study the evolution of the term “Russian world” in various historical periods, including an analysis of its content in the Russian Empire, the Soviet Union, post-Soviet and modern Russia. A comparative analysis of the views of modern public figures on the essence and boundaries of the Russian world is carried out, and their approaches to understanding the role of the Russian language, culture and traditions in the formation of national identity are revealed. In addition, the article touches upon issues of legal regulation and state policy regarding the promotion of the idea of the “Russian world” within the country and abroad. The role of state institutions and public organizations in maintaining and developing this cultural phenomenon is considered.
Keywords: Russian world, the Russian idea, the spiritual and cultural phenomenon of Russia, traditional spiritual and moral values.
Bibliographic list of articles
1. Report of His Holiness Patriarch Kirill at the plenary session of the XXVI World Russian People’s Council in 2023 [Electronic resource]. – Access mode: htpp.www.kremlin.ru.
2. Korytko O. Russian world as a historiosophical concept and its connection with Russian religiosity // Theological Bulletin. – 2024. – No. 2 (53). – P. 313-323.
3. Kot Yu. V. Fundamentals of historical, cultural and spiritual features of the Russian world in the context of the concept of foreign policy of the Russian Federation // Bulletin of the Moscow State University of Culture and Arts. – 2023. – No. 6 (116). – P. 12-13.
4. Tishchenko A. S. The theme of the “Russian world” in Russian literature of the 11th-17th centuries: genesis and structure: dis. … Cand. Philological Sciences. – Rostov-on-Don. – 2024. – 23 p.
STATE AND LAW
SIMONENKO Alexey Yurjevich
partner of the Moscow bar association “Arbat”
PUBLIC LAW NATURE OF ORGANIZATIONS WITH STATE PARTICIPATION
The author analyzes the position of organizations with state participation in the unified system of state power of the Russian Federation using various approaches to determining the legal status of these organizations. The main aim of this study is to identify key aspects of the interaction of legal entities with state participation and governmental structures, to find out their impact on the economy and society in general, and to give recommendations for improving this system, due to the wide impact of the above-mentioned entities on the governmental functioning. Theoretical aspects of state participation in the economic activities of different companies and corporations, forms of state participation, as well as the legal regulation of such organizations are considered in the study. This article assesses the effectiveness of legal support for organizations with state participation and their contribution to the development of the country. The author concludes that there are four main forms of organizations with state participation in the Russian Federation. The legal system has current problems of managing these organizations. In particular, the use of governmental money allocated to such organizations is regulated insufficiently.
Keywords: organizations with state participation, state-established company, state-established corporation, state participation in joint-stock companies.
Article bibliography
1. Denisov P. A. Relationships between government bodies and state corporations // Actual problems of Russian law. – 2010. – No. 1. – P. 127-137.
2. Kurmanov A. R. Institutional alternatives in corporate governance of companies with state participation // Internet journal “Science Studies”. – 2013. – No. 6. – P. 1-13;
3. Platunova T. L., Mezhentsev V. A. State Corporation “Rostec”: legal and practical aspects of activities // Russian-Asian Legal Journal. – 2023. – No. 1. – P. 18-24.
4. Smorchkova L. N. State interest in the management of state corporations and administrative and legal forms of its implementation // Law and Practice. – 2023. – No. 3. – P. 19-23.
STATE AND LAW
ZUBENKO Sergey Igorevich
postgraduate student of Administrative law and process sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
STATES AND CIVIL SOCIETY: A TRIAD OF NEW CHALLENGES
The article explores the modern challenges faced by the state and civil society in a rapidly changing world. Within the framework of the stated topic, the author analyzes three key factors: the international situation, the digitalization of public administration and changes in Russian legislation. The influence of international organizations such as BRICS on the formation of new mechanisms of interaction between the state and civil institutions is considered. The article draws attention to the legal and social consequences of these factors, as well as suggests ways to effectively regulate them. Special attention is paid to the protection of citizens’ rights, ensuring transparency and accountability of government, as well as the development of digital mechanisms for interaction between the state and civil society.
Keywords: executive power, state, civil society, digitalization, international cooperation, legislation, BRICS.
Article bibliography
1. Petrone F. BRICS and civil society: challenges and future prospects in a multipolar world // Bulletin of international organizations: education, science, new economy. – 2021. – No. 4.
2. Zrazhevskaya T. D. Transformation of civil society institutions in the public authority system // Laws of Russia: experience, analysis, practice. – 2024. – № 4.
3. Eremchenko E. N. The idea of OGAS in the 21st century: prospects and new opportunities // Informatics, control systems, mathematical and computer modeling (IUSMKM-2024): XV International Scientific and Technical Conference within the framework of the X International Scientific Forum of the Donetsk People’s Republic – 2024.
4. Ulyanov A. Yu. The effectiveness of democracy as a necessary condition for the functioning of a unified system of public authority // Constitutional and municipal law. – 2023. – № 12.
5. Sokolov A. V., Isaeva E. A. Transformation of the interaction between government and society under the influence of digitalization: an example of the Yaroslavl region // Bulletin of RUDN. Series: Political Science. – 2022. – No. 4.
6. Tikhomirov Yu. A. Law and virtual space. – M.: Prospect, 2025.
LANGUAGE AND LAW
KARAKULKO Mariya Iljinichna
Head of the Department of Control and Supervisory Activities of the Main Directorate for Migration of the MIA of Russia; adjunct of Constitutional and municipal law sub-faculty, V. Ya. Kikot Moscow University of the MIA of Russia
THE CONCEPT OF “EVERYONE’S RIGHT TO RETURN TO THEIR COUNTRY”: LINGUISTIC AND SEMANTIC INTERPRETATION
The article explores the concept of “everyone’s right to return to their country” using a key method of linguistic and cognitive analysis. It is shown that the meanings of the basic elements of this concept in Russian and English are almost identical. This makes the construction of its normative consolidation in the Universal Declaration of Human Rights universal for understanding by speakers of various cultural codes. The article also outlines the prospects for further study of the representation of the concept of “everyone’s right to return to their country” in various linguistic and cultural contexts.
Keywords: concept, conceptosphere, the right to return, one’s own country, Universal Declaration of Human Rights.
Bibliographic list of articles
1. Askoldov-Alekseev S. A. Concept and word // S. A. Askoldov-Alekseev // Russian speech. New series. Vol. II. L., 1928. – P. 28-44.
2. Balmagambetova Zh. T., Nurgalieva A. A. The concept of a concept in linguocognitology and linguoculturology // Current problems of philology: materials of the II International Scientific Conference, Krasnodar, February 20-23, 2016. – Krasnodar: Novation, 2016. – pp. 83-87. – EDN WCUMXZ.
3. Large explanatory dictionary of Russian verbs: Ideographic description. Synonyms. Antonyms. English equivalents / Ed. by prof. L. G. Babenko. – M.: AST-PRESS KNIGA. – 576 p. – (Fundamental dictionaries).
4. Glotova A. A. Ideas of linguacultural studies in the works of D. S. Likhachev // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2019. – No. 3. – P. 175-181. – EDN NDVMSF.
5. Dahl, V. I. Explanatory dictionary of the living Great Russian language: In 4 volumes. V. 1: A-Z. – M.: TERRA, 1994. – 800 p.
6. Likhachev D. S. Conceptual sphere of the Russian language // Russian literature: Anthology / Ed. by V. P. Neroznak. – M.: Academia, 1997. – 280-287 p.
7. Makaev Kh. F., Makaeva G. Z., Ibatulina L. M. Transformations in the translation of legal texts from English into Russian // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 485-486. – DOI 10.46320/2073-4506-2023-11-186-485-486. – EDN ZQNJVH.
8. Moiseenko L. V. Conceptology and translation: search for correspondences // Translator’s Notebooks: Scientific and theoretical collection / Ed. I. M. Matyushin. Volume Issue 28. – M.: Moscow State Linguistic University, 2016. – P. 97-103. – EDN XVORJR.
9. Morkovkin V. V., Bogacheva G. F., Lutskaya N. M. Large Universal Dictionary of the Russian Language / State. In-t rus. lang. named after A.S. Pushkin; Ed. V. V. Morkovkin. – M.: AST-PRESS KNIGA; Dictionaries of the XXI century, 2016. – 1456 p. – (Fundamental dictionaries).
10. Ogdonova Ts. Ts. Lingvocognitive aspect of interpretation of scientific concept // Bulletin of Chelyabinsk State University. – 2010. – No. 34 (215). – P. 81-85. – EDN NUBYXX.
11. Ozhegov S. I. Explanatory Dictionary of the Russian Language: Approx. 65,000 Words and Phraseological Expressions / Ed. by prof. L. I. Skvortsov – 26th ed., revised and enlarged. – M .: OOO Onyx Publishing House, OOO Mir i Obrazovanie Publishing House, 2008. – 736 p.
12. Popova Z. D., Sternin I. A. Essays on Cognitive Linguistics. – Voronezh, 2001. – 190 p.
13. Popravkina D. S. Scientific Understanding of the Concept in Modern Linguistics // Linguistics and Medicine in the Context of Pedagogical Education: Proceedings of the I International Scientific and Practical Conference, Krasnoyarsk, March 29, 2023. – Krasnoyarsk: Krasnoyarsk State Pedagogical University named after V. P. Astafiev, 2023. – P. 17-23. – EDN ZLSDYJ.
14. Prikhodko O. E. Conceptual analysis in the study of the features of the conceptual sphere of English-language legal discourse // Eurasian Law Journal. – 2018. – No. 8 (123). – P. 361-362. – EDN LZRCJF.
15. Dictionary of the modern English language: In 2 volumes. – M .: Rus. lang., 1992. – T. 1 A – L. – 626 p.
16. Dictionary of the modern English language: In 2 volumes. – M .: Rus. lang., 1992. – V. 2 M – Z. – 1229 p.
17. Stepanov Yu. S. Constants: Dictionary of Russian Culture. – M.: School “Languages of Russian Culture”, 1997. – 824 p.
18. Surina V. N. The concept of concept and concept sphere // Young scientist. – 2010. – No. 5-2. – P. 43-46. – EDN MUARNH.
19. Titova Yu. V. Structure of concept and methods of its description // Bulletin of Ulyanovsk State Technical University. – 2010. – No. 4 (52). – P. 16-21. – EDN QJBKNF.
20. Tkacheva Yu. G., Kravchuk D. V. Scientific approaches to defining a concept in linguistics // Analysis and synthesis in modern science: collection of articles from the international scientific conference, St. Petersburg, April 01, 2024. – St. Petersburg: Private scientific and educational institution of additional professional education Humanitarian National Research Institute “NATSRZAVITIE”, 2024. – P. 20-24. – EDN VVHUQX.
21. Explanatory dictionary of the Russian language with the inclusion of information on the origin of words / RAS, V. V. Vinogradov Russian Language Institute. Ed. N. Yu. Shvedova. – M.: Publishing center “Azbukovnik”, 2007. – 1175 p.
LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor, Institute of Chemical Technology and Engineering, Ufa State Petroleum Technological University
BIKTIN Ranis Ramilevich
student, Institute of Chemical Technology and Engineering, Ufa State Petroleum Technological University
KHALILOVA Alina Minibaevna
student, Institute of Chemical Technology and Engineering, Ufa State Petroleum Technological University
THE INFLUENCE OF NON-VERBAL COMMUNICATION ON THE FORMATION OF INTERACTION
The article is dedicated to studying the role of nonverbal communication in strengthening interpersonal relationships. It examines the main elements of nonverbal information transmission, including facial expressions, gestures, and tone of voice, as well as their influence on the perception of emotions and mutual understanding. The importance of empathy and the analysis of nonverbal signals for building trust and harmonious interactions is emphasized. Practical recommendations are provided for the effective use of nonverbal communication to achieve quality communication.
In modern society, the ability to interpret nonverbal signals has become an important skill for strengthening social bonds and preventing conflicts. The focus is how nonverbal aspects complement verbal communication enhancing its effectiveness. Using these signals with empathy helps to create a trusting atmosphere and improve interactions. Understanding the mechanisms of nonverbal communication contributes to personal and professional development, highlighting the relevance of this topic for further research.
Keywords: trust, empathy, facial expressions, gestures, intonation, mutual understanding, linguistics, communication.
Article bibliography
1. Ainetdinova D. A. Intercultural communications in the modern educational space // Integration in education. Artistic development of the generation of the information age: a collection of scientific articles based on the materials of the I International scientific and practical network conference on December 21-25, 2015 / Under the scientific editorship of E. P. Olesina, O. V. Stukalova. – Moscow: Institute of Art Education and Cultural Studies RAO, 2016. – P. 84-87.
2. Belikova N. Yu., Lapshin A. G. Factors influencing people’s behavior in the process of intercultural communication // Modern social processes in the context of globalization: collection of materials of the IV International scientific and practical conference on May 13, 2022 / Editorial board: N. V. Milenkaya, D. A. Skochilova. – Krasnodar: Kuban State Technological University, 2022. – Pp. 186-191.
3. Dorofeeva M. Yu., Latypova E. R. Relevance of intercultural communications for modern society: collection of conference papers / Society, pedagogy, psychology: current research: materials of the All-Russian scientific and practical conf. with international participation (Cheboksary, 2021). – Cheboksary: “Laru-taru” (“Wednesday”), Surche Publishing House, 2021. – P. 10-11.
4. Latypova E. R. [et al.]. Intercultural communication between representatives of different cultural groups in the spheres of the Internet // Science and School. – 2020. – No. 3. – P. 164-171.
5. Minyar-Belorucheva A. P. Features of intercultural professional and scientific communication // Collection of scientific and educational-methodical works: in honor of the Anniversary of Professor Svetlana Grigoryevna Ter-Minasova. Issue 20. – Moscow: “KDU”, “Dobrosvet”, 2023. – P. 287-295.
6. Morokhova O. A., Anosov V. A. Culture of communication as a factor in the success of professional activity // Young scientist. – 2019. — No. 19 (257). – P. 406-408.
7. Motovilova A. D., Merker A. A., Nizhelskaya Yu. A. Intercultural communications: theory and practice // Bulletin of science. — 2023. — No. 5 (62). – P. 707-711.
ECONOMY. LAW. SOCIETY
GUDENKOVA Olesya Ivanovna
assistant of Mathematics and applied information technologies sub-faculty, Tyumen Industrial University
REALIZATION OF SOCIO-CULTURAL RIGHTS OF RESIDENTS OF SMALL TOWNS
The results of a study conducted in one of the small towns located in the south of the Tyumen region are presented, with the aim of identifying how the socio-cultural rights of their residents are realized. Since the task of developing small towns is set at the state level, one of the important areas of their development is the creation of tourism and recreation centers on the basis of these cities. Zavodoukovsk, where an online survey of its residents was conducted in 2024, fully meets the criteria for receiving state support. The city has historical sites, natural locations, and tourist infrastructure. This allows residents to fully realize their socio-cultural rights.
Keywords: socio-cultural rights, tourist preferences, tourist sites, small town.
Article bibliography
1. Urban development code of the Russian Federation (29.12.2004 No. 190-FZ). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_51040/ (date of access: 12.12.2024).
2. Lazarev A. V. Small towns in the federal policy of regional development // Regional economy: theory and practice. – 2007. – No. 8. – P. 199-209.
3. Levashov V.K., Khairullina N.G. Russia – Tyumen: vectors of Eurasian development // News of higher educational institutions. Sociology. Economics. Politics. – 2015. – No. 2. – P. 124-126.
4. Perkova M. V. Small towns as a factor in sustainable development of territories // Bulletin of the Belgorod State Technological University named after V. G. Shukhov. – 2014. – No. 4. – P. 63-66.
5. Smirnov S. V. Small towns: classification, specificity, problems and development prospects // In the collection: Small and medium-sized cities of Russia: past, present and future. Proceedings of the VI International Stakheev Readings. Elabuga Institute of KFU. – 2013. – P. 253-255.
6. Trubitsyna T. G. Small towns of Russia – living space of people // Philosophy of economy. – 2014. – No. 5 (95). – P. 247-252.
7. Khairullina N. G. Sustainable socio-political development of the Tyumen region: dynamics of indicators // Eurasian Law Journal. – 2015. – No. 4 (83). – P. 194-196.
ECONOMY. LAW. SOCIETY
MARCHENKOVA Liliya Mikhaylovna
Ph.D. in economical sciences, associate professor, Kursk State University
THE LEGAL BASIS FOR ENSURING ECONOMIC SECURITY OF THE COUNTRY
The article examines the issues of legal support for the economic security of the country, since this topic is important and relevant, requiring an integrated approach and continuous improvement of legislation in a changing world order. In this regard, the main provisions of the Economic Security Strategy of the Russian Federation for the period up to 2030, regulatory documents related to economic security, and current threats to economic security are considered.
Keywords:economic security, threats to economic security, economic security strategy.
Decent bibliography
1. “The Constitution of the Russian Federation” (adopted by a nationwide vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Part 1 of the Civil Code of the Russian Federation (CC RF) dated 30.11.1994 No. 51-FZ with amendments and additions. – [Electronic resource]. – Access mode: http://www.consultant.ru/
3. Decree of the President of the Russian Federation “On the Economic Security Strategy of the Russian Federation through 2030” dated 13.05.2017 No. 208 // Collected Legislation of the Russian Federation. – 2017. – No. 20. – Art. 2902.
4. Zolali R. P., Arifullin M. V. Economic security: meaning and factors of its provision // Bulletin of science. – 2024. – No. 6 (75). – P. 184-189 @@ Vasilyeva L. P. Economic security: definitions and essence // Journal of applied research. – 2020. – No. 3. – P. 6-13.
5. Esir A. I., Kiskul O. A., Tolmacheva I. V. Study of theoretical aspects of the concept of economic security // Theory and practice of social development. – 2022. – No. 8. – P. 49-54.
6. Sheloukhina E. A., Rumachik N. A., Mezentseva E. S. Essential characteristics and key components of the state economic security system // Journal of applied research. – 2022. – No. 6. – P. 801-809.
ECONOMY. LAW. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
VDOVINA Alina Nafisovna
senior researcher of the SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
THE NEGATIVE IMPACT OF CORRUPTION IN PUBLIC-PRIVATE PARTNERSHIP PROCUREMENT: PROBLEMS AND SOLUTIONS
Public-private partnership (PPP) is considered by the government as a mechanism for increasing economic growth with the participation of large, medium and small businesses. When analyzing the problems and contradictions that exist in the implementation of PPP projects, the authors highlighted the following: the lack of budget accounting rules, the establishment of incorrect tariffs, the presence of corruption components, gaps in legislation related to PPP, in particular for the penal enforcement system of the Russian Federation, which, in turn, can expand subjectivity, and this means that it is possible to increase the likelihood of corruption risk in making appropriate decisions by employees of the management system. As for corruption issues in the implementation of PPP projects, the economic component is important as an illegal expenditure of budget resources, reducing investment attractiveness. The article describes the vulnerability of various stages and models of public-private partnership to corruption, and also offers recommendations for minimizing this issue. It is proposed to establish appropriate mechanisms for monitoring violations in the field of PPP procurement, if necessary, at the project level.
Keywords: corruption, abuse of official authority, Federal Penitentiary Service, public-private partnership, penal enforcement system.
Article bibliography
1. Public-private partnership in Russia. Results of 2023 and main trends // Analytical digest of AIIC. – 2024. – Issue No. 1. – P. 32.
2. Federal Law of 13.07.2015 No. 224-FZ “On public-private partnership, municipal-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation” (with amendments and additions) // SPS Consultant Plus.
3. Izotov M.O. Corruption in modern Russia: socio-cultural foundations and forms of manifestation. Abstract for the degree of candidate of philosophical sciences, 2012.
4. Alpatov A. A., Pushkin A. V. Public-private partnership: implementation mechanisms. – M., 2013. – P. 223.
5. Belitskaya A. V. Legal regulation of public-private partnership. – M.: Statut, 2012. – 190 p.
6. Varnavsky V. G. Public-private partnership. – M.: IMEMO RAS, 2009. – In 2 volumes. Volume 1. – 312 p.
7. Kozin M. N., Radchenko E. P. Implementation of public-private partnership projects: issues of conjugation of economic and public security indicators // Financial Economy. – 2021. – No. 8. – P. 196-200.
8. Knyazendelin R. A., Kurbanov A. Kh., Krekotnev R. N. Application of the public-private partnership model as a tool for the development of defense industry enterprises and private operators // Izvestiya SPbGEU. – 2019. – No. 2 (116). – P. 47-53.
9. Kurbanov A. Kh., Plotnikov V. A. Public-private partnership and outsourcing: a comparative analysis of the structure and nature of relations // In the world of scientific discoveries. – 2013. – No. 4. – P. 33-47.
10. Sedykh V. A., Avdeev V. V., Rodionov A. V., Skiba A. P. Some issues of legal regulation of employment of persons sentenced to forced labor within the framework of public-private partnership in the production sector of the penal system of the Russian Federation // Bulletin of the criminal executive system. – 2020. – No. 10 (221). – P.53-61.
11. Federal Law of July 21, 2005 No. 115-FZ “On Concession Agreements” (with amendments and additions) // SPS Consultant Plus.
12. Radchenko E. P., Vdovina A. N. Attracting extra-budgetary investments as a way to ensure economic security of public-private partnership projects // Man: crime and punishment. – 2022. – V. 30, No. 2. – P. 206-215.
13. Rodionov A. V., Skiba A. P., Voronin M. Yu. Public-private partnership in the penitentiary sphere: some directions of development // Criminal-executive law. – 2023. – T. 18, No. 1. – P. 10-23.
ECONOMY. RIGHT. SOCIETY
KORCHAGIN Eduard Rashitovich
postgraduate student, G. V. Plekhanov Russian University of Economics
ARCHITECTURE OF THE INNOVATION PROJECT MANAGEMENT MECHANISM IN HIGHER EDUCATION INSTITUTIONS BASED ON THE CONCEPT OF INTRA-COMPANY ENTREPRENEURSHIP
The article proposes a structural and logical scheme of the mechanism of Greenfield’s influence on the development of educational systems, combining the functions and results of such influence; Describes the model of interaction developed by the author of scientific research formations (including on the basis of universities), the industrial sector of the economy (as the main consumer of the results of innovative projects) with the direct participation of the state, which It reflects the direct role of the state in shaping the systemic interaction between science and production.
Keywords: innovative project, higher education organizations, intra-company entrepreneurship.
Article bibliography
1. Kalimullin R. R. Research sector in the implementation of the “science production” cycle in the 1950-1960s (based on materials from the Middle Volga region) // News of higher educational institutions. Volga region. Humanities. – 2013. – № 4.
2. Matveeva L. G., Stefankov I. O. Strategic approach to the development of industrial enterprises in the context of economic sanctions // Terra Economicus. – 2014. – Vol. 12, № 2-2.
PHILOSOPHY. LAW. SOCIETY
ANDRIEVSKAYA Zhanna Viktorovna
Ph.D. in psychological sciences, associate professor, associate Professor of Clinical psychology sub-faculty, Rostov State Medical University, doctoral student, Saratov State University
CHERKASOV Vitaliy Valerjevich
Department of Social and Political Work, Investigative Committee of the Russian Federation, colonel of justice
FORMATION OF A POSITIVE IMAGE OF AN EMPLOYEE OF THE INVESTIGATIVE COMMITTEE IN THE PUBLIC CONSCIOUSNESS
The article reveals theActual aspects of improving the image of an investigator as a problem of a socio-philosophical nature. Based on the analysis of the main tools for forming a positive image of the investigator, the importance of information and propaganda work for correcting the social image has been demonstrated, and the means of building feedback between society and the investigator are considered. The article presents the role of information policy in influencing public perception of the professional work of investigators and forensic investigators. It is proposed to expand the practice of interaction of the Investigative Committee with the public by developing educational and methodological materials that can be used as part of the educational process.
Keywords: social character, image, legal propaganda, education, information policy.
Article bibliography
1. Adaeva O. V. The main forms of legal education in modern Russia: theoretical and practical aspects // Theory and practice of social development. – 2016. – No. 6. – P. 98-100.
2. Bastrykin AI 10 years of the Investigative Committee of Russia! // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2021. – No. 1 (27). – P. 11-15.
3. Bastrykin AI Society asks for protection from the Investigative Committee of the Russian Federation, and every citizen of Russia will receive it // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2017. – No. 3 (13). – P. 20-24.
4. Ilyuk EV Code of Ethics – Code of Life // Truth and Law. – 2018. – No. 1 (3). – P. 79-82.
5. Matusevich OA Features of the Formation of Social Representations of the Past // Proceedings of BSTU. – No. 5. History, philosophy, philology. – 2016. – No. 5 (187). – P. 142-145.
6. Osipov R. A. Legal information: concept and relationship with related categories // Bulletin of the Saratov State Law Academy. – 2015. – No. 3 (104). – P. 153-158.
7. Sargsyan A. Zh., Chetverikova T. D. Positive image of an employee of the Investigative Committee of the Russian Federation as a factor in strengthening the authority of investigative bodies // Investigation of crimes: problems and ways to solve them. – 2015. – No. 1 (7). – P. 196-200.
8. Tatarinova N. V. On the concept of “image” and its difference from similar concepts of “image”, “reputation”, “stereotype” // Philological sciences. Theoretical and practical issues. – 2009. – No. 2 (4). – P. 252-255.
PHILOSOPHY. LAW. SOCIETY
VOLKOV Sergey Nikolaevich
Ph.D. in philosophical sciences, professor, professor of Translation and translation studies sub-faculty, Penza State Technological University
KOVALEVA Svetlana Evgenjevna
Ph.D. in philosophical sciences, associate professor of Translation and translation studies sub-faculty, Penza State Technological University
LIFE IN SOCIETY VS. EXISTENCE IN THE CONDITIONS OF LIVING NATURE: SOCIO-PHILOSOPHICAL ASPECT
In society at present there is a tendency of some part of the population through a peculiar form of alienation from society to build a personal life in natural conditions. On the one hand, this trend has an eco-social character, and it is oriented towards the recognition by man of his true natural component, which should determine the form of existence. On the other hand, it is seen as a kind of escapism, as opposition to the social civilized way of life and attempts to reveal one’s own ego outside of society and the urban environment.
Object: consideration of a number of aspects that contribute to the human rejection of the benefits of civilization and immersion in the environment of natural existence.
Methods: analytical and rationalistic methods are used.
The main part of the article gives an analytical assessment of the social situation and the emergence of a new trend – downshifting. The need of a person to become a modern hermit is justified by the philosophy of life, in which the primary link is one’s own existence. The authors give examples of some reasons why people turn to this form of life.
The phenomenon of wilderness is examined. On the example of some tribes of the modern world, which have preserved the patriarchal way of life, the possibilities of man to change his attitude to the world and society are evaluated, at the same time acquiring new skills and qualities for living in the wilderness.
The attitude to the latter creates prerequisites for the problem of formation of ecological consciousness. The assumption is made that in the conditions of living in nature a person gets closer to it, increases his responsibility to natural components, rushes towards accepting the idea of equality of all subjects existing in the natural environment. The article cites the opinions of the classics developing the problems of environmental ethics.
In conclusion, the authors emphasize the idea of the human need to resist modern consumerism. Hence all the issues discussed in the article.
Keywords: downshifting, ecological consciousness, wildlife, environmental ethics, noosphere thinking
Article bibliography
1. Eysenck G. Psychology of the paranormal. – M.: Eksmo Publishing House, 2005. – 640 p.
2. Bocharnikov V. N. A new look at the problem of preserving wildlife // Astrakhan Bulletin of Environmental Education. – 2013. – No. 1 (23), – Astrakhan: OOO “Nizhnevolzhsky Ecocenter”. P. 73. – 73-86 p. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/novyy-vzglyad-na-problemu-sohraneniya-dikoy-prirody?ysclid=m64zg8xtcn583231788 (date accessed: 10.01.2025).
3. Bryant L. Ontology of Wildlife. Translated from English by A. Burkova. / “STOL”. Journal of Philosophy. [Electronic resource]. – Access mode: https://stol.guru/papers/levi-bryant-wilderness-ontology-2019-07-29?ysclid=lxr82ukbqr987500833 (date accessed: 12.01.2025).
4. Gluzman A. A. Self-improvement of the individual: a brief philosophical and pedagogical analysis // Humanities. – 2022. – No. 2. – P. 66. – 64-67. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/samosovershenstvovanie-lichnosti-kratkiy-filosofskiy-i-pedagogicheskiy-analiz/viewer (date of access: 17.01.2025).
5. Gurevich P. S. Afrocentrism // Africa: problems of transition to civil society. Abstract. Issues 1-2. – M., 1994 @@ African studies of foreign countries, 1989-1990. – M., 1994. [Electronic resource]. – Access mode: http://cult-lib.ru/doc/culture/encyclopedia-xx-vek/037.htm (date accessed: 14.01.2025).
6. Ermakova S. N. Downshifting: a socio-psychological phenomenon // Monitoring public opinion: economic and social changes. – 2012. – No. 6 (112). – M .: All-Russian Center for the Study of Public Opinion. – P. 97-107. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/daunshifting-sotsialno-psihologicheskiy-fenomen/viewer (date accessed: 10.01.2025).
7. Kolosova A. Yu., Vergun T. V. Social and philosophical analysis of ethics of the modern stage of civilized development // Humanities and social sciences. – 2020. – No. 2. – Rostov-on-Don: Southern Federal University. – P. 48-56. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=42998517 (date accessed: 22.01.2025).
8. Kulakov I. F. The phenomenon of downshifting as a reaction to consumerism // Culture. Spirituality. Society. – 2016. – No. 27. – Novosibirsk: OOO “Center for the Development of Scientific Cooperation”. – P. 31-36. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomen-daunshiftinga-kak-reaktsiya-na-konsyumerizm?ysclid=m67k7akejk547166430 (date of access: 22.01.2025).
9. Callicott B., Leopold O., Attifield R. Problems of Environmental Ethics in Modern Western Philosophy // History and Philosophy of Science. [Electronic resource]. – Access mode: Problems of environmental ethics in modern Western philosophy (B. Callicot, O. Leopold, R. Attifield) / History and philosophy of science (candidate minimum) Wiki / Fandom (date of access: 20.01.2025).
10. Feklistova K. How to live according to Wu Wei: 10 principles to get everything without doing anything through force. [Electronic resource]. – Access mode: https://www.championat.com/lifestyle/article-5291914-chto-takoe-u-vej-kak-dobitsya-vsego-ne-delaya-nichego.html?ysclid=m64xy9vl1204686322 (date of access: 18.01.2025).
11. Kholodny N. G. Thoughts of a naturalist about human nature // Russian cosmism: Anthology of philosophical thought / Comp. S. G. Semenova, A. G. Gacheva. – Moscow: Pedagogy-Press, 1993. – Pp. 337-368.
12. Shirber M. Cities occupy more territory than expected / LiveScience. 11.03.2005. [Electronic resource]. – Access mode: https://translated.turbopages.org/proxy_u/en-ru.ru.4968befa-67909112-4e4c5754-74722d776562/https/www.livescience.com/6893-cities-cover-earth-realized.html (date of access: 22.01.2025).
13. Eyvelmans B. Traces of Unseen Beasts. – M.: Publication of the magazine “Vokrug Sveta”, 1994. – 352 p.
PHILOSOPHY. RIGHT. SOCIETY
ZOLOTAREV Sergey Petrovich
Ph.D. in philosophical sciences, associate professor, professor of Philosophy, history and pedagogy sub-faculty, Stavropol State Agrarian University
YANUSH Sergey Vladimirovich
Ph.D. in historical sciences, professor, professor of Humanities and socio-economic disciplines sub-faculty, Hero of the Soviet Union A. K. Serov Krasnodar Higher Aviation School of Pilots
PHILOSOPHICAL PROBLEMS OF THE INTRODUCTION OF INFORMATION TECHNOLOGIES AND CYBERSPACE INTO MODERN HUMAN LIFE
In the article, some problems of integration of digital technologies in society and interpersonal identification of a person are analyzed. The processes of the influence of the Internet for the psychological study of personality behavior in society, contributing to correlate an individual’s worldview, are being investigated. The limits of the influence of cyberspace on modern life have been determined. The author used the theoretical developments presented in Anastasia Alekseevna Lisenkova’s monograph “Transformation of socio-cultural identity in the digital space”. According to the author of the article, the process of self–identification takes place in the context of existing interpersonal and social relationships reflected on Internet sites. The relationship between the use of digital technologies to create an individual image in virtual reality, which in most cases does not correspond to the real appearance, is revealed. It is concluded that in the era of globalization, more and more people are beginning to withdraw into their own narrow circle, guided solely by personal beliefs. Instead of striving for dialogue and mutual understanding between representatives of different social groups and cultures, we see how society is divided into “friends” and “strangers”. The conclusion is made about the beginning of the formation of a new cultural paradigm, the introduction of an effective type of culture and forms of its existence into society.
Keywords: digitalization, communication, cyberspace, personality, virtual world, problems, technology, transformation, social relations, culture, morality.
Bibliographic list of articles
1. Asmolov A. G. From We-media to I-media: identity transformations in the virtual world (Russian) // Voprosy psikhologii: zhurnal. – 2009. – № 3. – P. 3-15.
2. Voyskunsky A. E. Research in the field of psychology of computerization: history and current state // National psychological journal: zhurnal. – 2006. – № 1. – P. 58-62.
3. Voyskunsky A. E., Evdokimenko A. S., Fedunina N. Yu. Alternative identity in social networks // Bulletin of Moscow University. – 2013. – № 1. – P. 66-83.
4. Voyskunsky A. E., Evdokimenko A. S., Fedunina N. Yu. Network and real identity: comparative study // Journal of the Higher School of Economics. – 2013. – V. 10, No. 2. – P. 98-121.
5. Lisenkova A. A. Transformation of socio-cultural identity in the digital space / Ministry of Culture of the Russian Federation, Perm State Institute of Culture. – Perm: PGIK, 2021. – 285 p.
6. Sidorova I. G. Ways to position an Internet personality in a social network (Russian) // Bulletin of VSPU. – 2013. – No. 9 (84). – P. 29-33.
7. Smirnova T. V., Unzhakova I. A. Semiotic knowledge of Umberto Eco’s mass communication and the problems of understanding digital reality // Digital sociology. – 2019. – V. 2, No. 1. – P. 17-23.
8. Flenina T. A. Network identity in the self-awareness of Russian youth (Russian) // Bulletin of the Herzen State Pedagogical University. – 2015. – No. 178. – P. 76-79.
9. Adam Snape. Over Three Quarters Of Brits Say Their Social Media Page Is A Lie. Custard (April 6, 2016) [Electronic resource]. – Date of access: December 2, 2016.
10. Back M. D., Stopfer J. M., Vazire S., Gaddis S., Schmukle S. C., Egloff B. & Gosling S. D. Facebook profiles reflect actual personality not self-idealization // Psychological Science. – No. 21. – P. 372-374. A
11. Samuel D. Gosling, Adam A Augustine, Simine Vazire, Nicholas Holtzman, Sam Gaddis. Manifestations of Personality in Online Social Networks: Self-Reported Facebook-Related Behaviors and Observable Profile Information // Cyberpsychology, Behavior, and Social Networking. – 2011. – No. 01 (23), T. 14. – P. 483-488.
12. 12. Whitty M. T. Liar liar! An examination of how open, supportive and honest people are in Chat rooms // Computers in Human Behavior. – 2002. – No. 18 (4). – pp. 343-352.
PHILOSOPHY. RIGHT. SOCIETY
KUGAI Alexander Ivanovich
Ph.D. in philosophical sciences, professor of State and municipal management sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and PublicAdministration under the President of the Russian Federation, St. Petersburg
EAST AND WEST: SELF-ASSERTION IN THE CULTURES OF “GAINING AND SAVING FACE” AND “REGARDLESS OF FACE”
Aim. To identify and substantiate the characteristics of the behavioral psychology of self-affirmation of the individual in the countries of East Asia.
Tasks. To identify and explain behavioral patterns that have a decisive influence on the socialization and self-affirmation of East Asians in comparison with those living in Western European and American cultures.
Methods. Methods of cultural, systematic, structural-functional, comparative and typological analysis.
Results. 1. The differences between the East and the West are in the forms of ensuring dignity and self-affirmation of the individual. The inhabitants of the East Asian countries assert themselves in the culture of “Gaining and Saving Face” (GSF), the peoples of the countries of Western Europe and North America assert themselves in the culture of “Regardless of Face.” (“RF”). 2. Four key factors – modesty, privacy, focus on prevention and harmony – highlight the main determinants of self-determination and regulation of the individual in the culture of GSF. 3. The search for a reasonable balance between the socio-cultural and political-legal foundations of social existence is the main issue of modern political science and practice. Apparently, such a balance has been found in the countries of East and Southeast Asia. This is evidenced by the preservation of national identity, thanks to the self-affirmation of citizens in the culture of GSF, and, built on the culture of RF, the irreconcilable fight against corruption in the PRC, Japan, Singapore, Malaysia, Indonesia, Thailand.
Conclusions. 1. Comparing the self-affirmation of the individual in the culture of GSF and RF. on the scales of “soft” power, the power that acts by default, greater viability and efficiency are demonstrated by countries whose population asserts itself in the culture of GSF, while relying on the culture of RF, the idea and principles of the rule of law and equality before the law formed by it. The synthetic power of the cultures of GSF and RF is currently expressed in the significant superiority of the states of East and Southeast Asia in the rates of economic development over the countries of the European Union and the USA. 2. Russia’s vitality lies in its Asian and European roots, combining the cultures of “Gaining and Saving Face” and “Regardless of Faces”. The integrated energy of self-affirmation of Russian citizens produced by the cultures of GSF and RF: a) ensures GDP growth in the context of unprecedented external restrictions, b) forms the foundation for the diversity and national unity of the peoples of Russia, c) indicates the strength of spirit and heroism of our soldiers during the SVO. The faces of Russia’s heroes become living role models. Heroes are not born – they are made.
Keywords: West, East, Russia, dignity, self-affirmation, culture of “Gaining and Saving Face”, culture of “Regardless of Faces”, humility, privacy, prevention, harmony, rule of law, equality before the law.
Article bibliography
1. Kierkegaard S. Unhappy. – M.: Bibl.-Theological. Institute of St. Apostle Andrew, 2002. – P. 17-28.
2. Kugai A. I. Human rights: from theory to policy // Management consulting. – 2021. – No. 5. – P. 32-44.
3. Kugai A. I. Virtue and Law in Chinese Management Theory and Practice / Vectors of Russia’s Socio-Economic Development: Modern Challenges and Opportunities. – Cheboksary: ID “Sreda”, 2024. – P. 140-149.
4. Heidegger M. Time and Being: Collection. – Moscow: Republic, 1993. – 447 p.
5. Cai H., Sedikides C., Gaertner L., Wang C., Carvallo M., Xu Y., O’Mara E. M., & Jackson L. E. Tactical Self-Enhancement in China is Modesty at the Service of Self-Enhancement in East Asian Culture? Social Psychological and Personality Science. – 2011. – No. 2. – pp. 59-64.
6. Goffman E., Ho D. Y. F. On the concept of face // American Journal of Sociology. – 1976. – Рp. 867-884.
7. Hamamura T., Meijer Z., Heine S. J., Kamaya K., & Hori I. Approach-avoidance motivation and information processing: A cross-cultural analysis // Personality and Social Psychology Bulletin. – 2009. – Рp. 454-462.
8. Ho D. Y. F. On the concept of face // American Journal of Sociology. – 1976. – Рp. 867-884.
9. Kim Y.-H., & Cohen, D. Information, perspective, and judgments about the self in face and dignity of cultures // Personality and Social Psychology Bulletin. – 2010. – pp. 537-550.
10. Kudo E., & Numazaki M. Explicit and direct self-serving bias in Japan: Reexamination of self-serving bias for success and failure // Journal of Cross-Cultural Psychology. – 2003. – pp. 511-521.
11. Leung A. K.-y., & Cohen D. Within-and between-cultural variation: Individual differences and the cultural logics of honor, face, and dignity of cultures // Journal of Personality and Social Psychology. – 2011. – Рp. 507-526.
12. Leung A. K.-y., Kim Y. H., Zhang Z. X., Tam K. P., & Chiu C. Y. Cultural construction of success and epistemic motives moderate American-Chinese differences in reward allocation biases // Journal of Cross-Cultural Psychology. – 2012. – Рp. 46-52.
13. Muramoto Y., & Yamaguchi S. Another type of self-serving bias: Coexistence of self-effacing and group-serving tendencies in attribution in the Japanese culture // Japanese Journal of Experimental Social Psychology. – 1997. – P. 65-75.
14. Sedikides C., & Gregg A. P. Self-enhancement: Food for thought // Perspectives on Psychological Science. – 2008. – Рp. 102-116.
15. Takata T. Self-enhancement and self-criticism in Japanese culture: An experimental analysis // Journal of Cross-Cultural Psychology. – 2003. – Рp. 542-551.
16. Winston Churchill. The World Crisis 1916-1918. – Vol. 1. – N.Y., 1927. – P. 227-228.
PHILOSOPHY. RIGHT. SOCIETY
LIU Congying
Ph.D. in psychological sciences, Russian language practice sub-faculty, Heilongjiang University
THE RUSSIAN WORLD IN THE PUBLIC CONSCIOUSNESS OF RUSSIA
The article examines the versatility and uniqueness of the phenomenon called the “Russian World”. The formation of his concept in historical retrospect is traced, it is noted that the term itself does not yet have a clear definition. Two approaches to its origin dating back to the 10th and 19th centuries are given, various approaches to understanding the Russian world and, in this regard, the features of the doctrine of traditionalism are studied. The associations associated with it and its representation in painting, literature and art are indicated. Based on specific events in the modern history of Russia, the author traces the beginning of the revival of “Russianness” in the consciousness of society. The multidimensional nature of the “Russian World” is analyzed using its internal and external elements, essential characteristics, criteria for determining its specifics and national symbols. The author focuses on the process of the country’s peoples becoming a united nation that has begun and actualizes the idea that in today’s difficult conditions of global development, it is the idea of the Russian world that is becoming a system-forming factor in the consolidation of society.
Keywords: society, Russian world, consciousness, concept, nation, consolidation, criteria.
Article bibliographic list
1. Averyanov V. The Doctrine of the Russian World. [Electronic resource]. – Access mode: https://izborsk-club.ru/10269 (date of access: 15.01.2025).
2. Aleksandrov D. S. Theoretical and methodological approaches to the study of national self-awareness // Theory and practice of social development. – 2013. – No. 10. – P. 42-45.
3. Alimov A. V. Conceptual foundations of the Russian world in the socio-political system of Russia // Society: politics, economics, law. – 2023. – No. 4. – P. 46-57.
4. Barinova K. V. Russian national self-consciousness: origins and development in the historical context // The fate of Russia: national idea and its historical modifications: collection of scientific papers of the V All-Russian conference, October 14-15, 2003 – Ekaterinburg: Ural State University, 2003. – P. 58-68.
5. Betilmerzaeva M. M. The essence of public consciousness: the formation of meanings // Society: philosophy, history, culture. – 2023. – No. 7. – P. 14-20.
6. Bydanov V. E. The concept of “Russian world” in the structure of the new ideology of Russia // Donetsk readings 2024: education, science, innovation, culture and challenges of our time. Proceedings of the IX International scientific conference. – Donetsk, 2024. – P. 16-19.
7. Goffman A. B. Social-sociocultural – cultural: historical and sociological notes on the relationship between the concepts of “society” and “culture” // Sociological yearbook, 2010: collection of scientific papers / Ed. in chief N. E. Pokrovsky. – Moscow, 2010. – P. 128-136.
8. Karamova A. A. The concept of “Russians” in the linguistic picture of the political world: semantic aspect // 8. Political8. 8. linguistics. – 2024. – 8. No.8. 8. 28. 8. (104). – P. 12-19.
9. Kirill, Patriarch of Moscow and All Rus’. Seven words about the Russian world / Comp. A. V. Shchipkov. – Moscow: VRNS, 2015. – 120 p.
10. Knyazev V. M. The return of the “Russian world” to the historical life of Russia // 10. Position.10. 10. Philosophical10. 10. problems10. 10. sciences10. 10. and10. 10. techniques. – 2023. – 10. №10. 10. 19. – P. 99-103.
11. Kozlovtseva I. A. The image of the Russian world in the current socio-cultural space // Bulletin of Culture and Arts. – 2018. – No. 1 (53). – P. 58-65.
12. Kozlovtseva N. A. The Russian world as a theoretical concept in modern social and humanitarian knowledge // Observatory of Culture. – 2017. – Vol. 14, No. 3. – P. 284–292.
13. Krylov V. S. Krym sacred: the unity of the Russian world // 13. Eurasian13. 13. union13. 13. scientists. – 2015. – 13. №13. 13. 7-513. 13. (16). – P. 159-162.
14. Ksenofontov V. N. Russian world: criteria and features of implementation // 14. P14. search14. :14. 14. Politics.14. 14. Social science.14. 14. Art.14. 14. Sociology.14. 14. Culture. – 2009. – 14. №14. 14. 114. 14. (21). – P. 120-128.
15. Lobanov D. S., Strionova I. V. Russian world: concept, values // Donetsk readings 2017: Russian world as a civilizational basis for the scientific, educational and cultural development of Donbass. Proceedings of the International scientific conference of students and young scientists. Dedicated to the 80th anniversary of DonNU / Under the general editorship of S. V. Bespalova. – 2017. – P. 306-307.
16. Matyukhin A. V., Davydova Yu. A., Fedoryuk V. D. Values of the “Russian world” as a factor in political consolidation during the SVO period // 16. Journal of political16. 16. 16. studies. – 2024. – Vol. 8, 16. No. 16. 16. 3. – P. 33-45.
17. Pankratyeva I. A. Russian world: phenomenon and politics // 17. Position.17. 17. Philosophical17. 17. problems17. 17. sciences17. 17. and17. 17. technology. – 2019. – 17. No.17. 17. 13. – P. 100-105.
18. Pestetsov A. F. Genesis of Russian national self-consciousness in the spiritual culture of Russia: dis. … candidate of philosophical sciences: 24.00.01. – Nizhny Novgorod, 2009. – 26 p.
19. Polovenko A. V. The concept of the Russian world as a factor in the gathering of Russian lands // Donetsk readings 2019: education, science, innovation, culture and challenges of our time. Proceedings of the IV International Scientific Conference / General editor S. V. Bespalova. – 2019. – Pp. 80-82.
20. Sizov S. G. Preservation of Russian national identity as a condition for saving the people // Man and society in an unstable world. Proceedings of the International scientific and practical conference. – Omsk, 2021. – Pp. 91-97.
21. Shub M. L. Functions of cultural memory // Bulletin of Culture and Arts. – 2016. – No. 4 (48). – Pp. 71-76.
22. Yatsenko M. P. The idea of the Russian world as an important factor in the consolidation of society // Churinovye readings: Russian world. Proceedings of the round table: collection of scientific papers. – Krasnoyarsk, 2024. – P. 68-74.
PHILOSOPHY. LAW. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of Privolzhie branch, Russian State University of Justice, Nizhny Novgorod
SPIRIN Vasiliy Konstantinovich
magister of philosophy, lecturer, Nizhny Novgorod Theological Seminary, Nizhny Novgorod
TRETYAKOV Ilya Sergeevich
bachelor of theology, master of religious studies, lecturer, Nizhny Novgorod Theological Seminary, Nizhny Novgorod
WHETHER TRADITIONAL RELIGIONS ARE TRADITIONAL: TO THE QUESTION ON THE REALIZATION OF V. V. PUTIN’S DECREE OF 11/22/2023
The article considers the problem of social responsibility of representatives of traditional religions on the issues of preserving traditional culture and family values. Traditional religions contribute to the implementation of the decree of V. V. Putin from 22.11.2023 to different degrees due to the peculiarities of their beliefs and historical development. Islam and Judaism are more complimentary to family values. European Christian culture has lost much of its «traditionalism», which is generally associated with the problem of urbanization, atomization and peculiarities of migration processes. Being in an urban environment, the bearers of traditional values partially preserve traditional religiosity, but lose traditional family values as a social skill.
Keywords: traditional religions, Orthodoxy, Judaism, Islam, migration, family values, urbanization, atomization, social processes.
Article bibliography
1. Kazenin K., Murakaev M. The influence of religion on fertility: a review of modern demographic studies // State, religion, church in Russia and abroad. – 2022. – Vol. 40, No. 4. – P. 9-49.
2. Muravyov V. V. Religious factors of population reproduction // National health. – 2020. – No. 2. – P. 110-115.
3. Kublitskaya E. A. Methodological and methodological analysis of the relationship between religious and confessional self-identification (on the example of the studied subjects of the Russian Federation) // Scientific result. Sociology and management. – 2024. – Vol. 10, No. 1. – P. 11-27.
4. Grigorieva M. V. Specificity of forms of social activity of an individual and groups depending on socio-demographic characteristics and level of education // Society: sociology, psychology, pedagogy. – 2020. – No. 8. – P. 48-52.
5. Styrov M. M. Spiritual and moral aspects of demographic problems of Russia and its northern regions // International demographic forum “Demography and global challenges”. – 2021. – P. 813-818.
6. Lermontova T. N. Marriage or virginity: man and woman in the light of the New Testament teaching // Christianity and the world. – 2021. – P. 16-25.
7. Nabiev R. A., Ibragimov M. I. Understandinge benefits in the Abrahamic religions in the context of social service // Peoples and religions of Eurasia. – 2023. – No. 4. – P. 134-146.
8. Kravchuk N. V. The problem of establishing the origin of a child and the child’s right to a family in the context of Islamic law // State and Law: Abstract Journal. – 2021. – No. 1. – P. 205-211.
9. Zakirova T. V., Pereselkova Z. Yu. Transformation of the institution of family in the context of liberal values // Bulletin of Udmurt University. – 2022. – Vol. 32, No. 4. – P. 359-366.
10. The Mufti explained why permission for four wives does not contradict the law. [Electronic resource]. – Access mode: https://www.rbc.ru/society/21/12/2024/676723b99a7947f9d89c6d30?ysclid=m513kn9s4m442852965 (access mode: 12/21/2024).
PHILOSOPHY. RIGHT. SOCIETY
SHAYSLAMOVA Muslima Muslimovna
Ph.D. in historical sciences, associate professor of General humanitarian disciplines sub-faculty, Neftekamsk branch, Ufa University of Science and Technology
IZIBAEVA Gulnaz Maratovna
Ph.D. in historical sciences, senior lecturer of General humanitarian disciplines sub-faculty, Neftekamsk branch, Ufa University of Science and Technology
SMYSLOVA Kseniya Dmitrievna
student, Neftekamsk branch, Ufa University of Science and Technology
THEOLOGICAL THOUGHT AS A SIGNIFICANT SOURCE FOR PHILOSOPHICAL REFLECTION
The article discusses religion and philosophy which are two powerful currents of human thought, closely intertwined and simultaneously opposing each other. Religion is often viewed not just as a system of beliefs and rituals, but also as a specific form of philosophical knowledge that seeks to understand human existence, place in the world, and purpose. However, unlike the rational strictness of philosophy, which is based on logic and empirical evidence, religion often turns to faith, revelation, and mystical experience. It is this difference that generates both fruitful dialogue and sharp disputes. The influence of religion on philosophy cannot be overestimated. Many philosophical systems, especially in antiquity and the Middle Ages, arose and developed in close connection with religious dogs. Thus, the connection between philosophy and religion remains relevant to this day. Despite the differences in research methods and subject matter, they continue to interact, influencing each other and enriching the understanding of man and the world. Based on this, this article examines the importance of religion in philosophy, how it is related to it and its influence on it, as well as the thoughts of famous philosophers who reveal the essence of philosophical religion.
Keywords: philosophical religion, philosophy, religion, theology, God, absolute spirit, faith, reason.
Bibliographic list of articles
1. Mekushkin A. A., Vodenko K. V. History of religious philosophy. [Electronic resource]: textbook / Don State Technical University. – Rostov n / D: Profpress Publishing House, 2019. – 231 p.
2. Shokhin V.K. Introduction to the Philosophy of Religion // Alfa-M Publishing House. – M., 2010. – 288 p.
3. Lega V.P. Religious Philosophy: textbook. – M .: Publishing house of Moscow State Linguistic University, 2009. – 308 p. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Viktor-Lega/religioznaja-filosofija/2_14.
4. The influence of religion on philosophy. [Electronic resource]. – Access mode: https://religion.wikireading.ru/hP4farXcB8?ysclid=m2lv3c4d44708423794.
PHILOSOPHY. LAW. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological sciences, associate professor of Philosophy, sociology and history sub-faculty, A. A. Yezhevsky Irkutsk State Agrarian University
BODYAK Marina Germanovna
Ph.D. in historical sciences, associate professor of Philosophy, sociology and history sub-faculty, A. A. Yezhevsky Irkutsk State Agrarian University
THE FUNCTIONS OF CONVENTION IN THE CONSTRUCTION OF SUBJECTIVE REALITY (MYTHOLOGICAL ASPECT)
The article examines the function of convention from the perspective of its ability to design subjective worlds. Conventionality is given categorical meanings here and acts as a general concept expressing the relation of the real world to the subjective one. The mythological construct is reviewed as one of the general set of conditional constructs. The platform for the representation of conditional subjective worlds is the mass media, where the creativity and quasi-creativity of young people are manifested, the study of which can partially explain the patterns and ways of constructing these secondary realities. Knowledge of these mechanisms can help regulate the formation of a value picture of the world of an individual and the nation as a whole, as well as the formation of subjective ideas in accordance with spiritual and moral national categories. The mythological structuring of a holistic subjective model of the world is initially focused on stereotypes, which are templates for generalizing and simplifying the understanding of ideas. Stereotypes generate cognitive categories such as concepts that combine abstract and concrete representations.
Keywords: convention, social construct, myth, creativity, subjective reality
Article bibliographic list
1. Averintsev S. S. Myths // Brief literary encyclopedia. – M .: Sov. encyclopedia, 1967. – V. 4. – P. 876-882.
2. Alperovich V. D. Subjective “image of the world”: comparative analysis of conceptual models // Psychology and psychotechnics. – 2023. – No. 4. – P. 104-117.
3. Vorobyova E. Yu. Binarity and its archetypal foundations: abstract of dis. … candidate of philosophical sciences: 09.00.01; Omsk. state ped. univ. – Omsk, 2005. – 22 p.
4. Knyazeva E. N. Epistemological constructivism // Philosophy of science. Issue. 12: Phenomenon of consciousness – M.: IF RAS, 2006. – P. 137.
5. Konyshev V. N., Sergunin A. A., Subbotin S. V. Social constructivism on security issues // Theories and problems of political research. – 2016. – No. 3. – P. 94-112.
6. Levitskaya I. A. Theory of personal constructs of J. Kelly: towards a cognitive philosophy of education // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2013. – No. 2. – P. 114-119.
7. Musat R. P. Artistic picture of the world in the spiritual universe of the modern era: dissertation … doctor of philosophical sciences: 09.00.11. – Krasnoyarsk, 2016. – 343 p.
8. Naidysh V. M. Archeology of myth (Myth-making in its historical development) // Philosophy of myth: ontology, axiology, methodology. – 2022. – Vol. 49, No. 1. – P. 15-28.
9. Naidysh V. M. Myth-making in the activity of consciousness // Questions of Philosophy. – 2017. – No. 5. – P. 26-34.
10. Pavilionis R. I. The problem of meaning: modern. logical-philosophical analysis of lang. – Moscow: Mysl, 1983. – 286 p.
11. Ravochkin N. N., Knyazev N. A., Kruglova I. N. [et al.]. The problem of ideas in the context of social constructivism // Context and reflection: philosophy about the world and man. – 2020. – Vol. 9, No. 3-1. – P. 148-157.
12. Razdabarina Yu. A. Conceptual system in the theory of meaning of RI Pavilionis // Almanac of modern science and education. – 2009. – № 8-2. – P. 155-156.
13. Sukhodolskaya N. P. Social stereotype in people’s life // Philosophy and society. – 2007. – № 3 (47). – P. 152-160.
14. Ulanovsky A. M. Constructivism, radical constructivism, social constructionism: the world as interpretation // Questions of psychology. – 2009. – No. 2. – P. 35-45.
15. Khomich N. V. Social and philosophical interpretation of conventionality as a universal category // Philosophical Thought. – 2024. – No. 8. – P. 21-30.
16. Ethnicity: Theory and Experience / Eds N. Glazer and D. Movnihan. – Cambridge, Mass, 1975. – P. 17.
PHILOSOPHY. LAW. SOCIETY
BLOKHIN Konstantin Maximovich
postgraduate student, State University of Education
THE GEOPOLITICS OF “GREATER EURASIA” IN THE CONCEPTS OF NEO-EURASIANISM: OPPOSITION TO ATLANTICISM AND THE SEARCH FOR ALLIES
The article examines the geopolitical concept of neo-Eurasianism in the context of the confrontation with Atlanticism and the search for allies in a multipolar world. The key ideas and principles of neo-Eurasianism, its geopolitical goals and strategies, as well as the influence of external and internal factors on the practical feasibility of this project are analyzed. The potential allies of the concept represented by the BRICS and SCO countries, their interests and opportunities for cooperation, as well as the contradictions and challenges faced by neo-Eurasianism are discussed. The conclusions highlight the uncertainty of the concept’s prospects, depending on the international situation and the willingness of countries to cooperate.
Keywords: geopolitics, neo-Eurasianism, Atlanticism, Greater Eurasia, multipolarity, BRICS, SCO, regional security, world order
Article bibliography
1. Asanaliev U. A., Bredikhin A. V. The role of the SCO for the EAEU countries in the modern period // Eurasian Law Journal. 2024. No. 4 (191). P. 487-488.
2. Bredikhin A. V. Eurasian vector of development of the Russian Federation: exodus to the East // Bulletin of Moscow University. Series 18. Sociology and political science. 2023. Vol. 29, No. 1. P. 98-109.
3. Bredikhin A. V. Prospects for the participation of new states of the post-Soviet space in the processes of Eurasian integration // Arkhont. 2017. No. 2 (2). P. 14-16.
PHILOSOPHY. LAW. SOCIETY
VORONITSYN Nikolay Vladimirovich
postgraduate student, State University of Education
THE PHILOSOPHICAL ORIGINS OF NEO-EURASIANISM: FROM CLASSICAL EURASIANISM TO POST-SOVIET INTERPRETATION
The article is devoted to the study of the philosophical foundations of neo-Eurasianism in the modern context, focusing on the evolution of this concept from classical Eurasianism to post-Soviet interpretations. The relevance of the work is due to the interest in the Eurasian idea in the context of globalization and the changing geopolitical situation. Classical Eurasianism, which emerged at the beginning of the 20th century, emphasized the uniqueness of the Eurasian civilization, combining elements of European and Asian cultures. Neo-Eurasianism, in turn, developed in the post-Soviet period, becoming more diverse and adaptive to modern realities. The article examines the key concepts, differences and contradictions between these two trends, as well as the impact on the formation of Russian foreign policy ideology and Russia’s place in the global political system.
Keywords: neo-Eurasianism, classical Eurasianism, philosophical foundations, geopolitics, post-Soviet concept, identity, culture, integration, Russia, international relations.
Article bibliography
1. Asanaliev U. A., Bredikhin A. V. The role of the SCO for the EAEU countries in the modern period // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 487-488.
2. Bredikhin A. V. Eurasian vector of development of the Russian Federation: exodus to the East // Bulletin of Moscow University. – 2023. – V. 29, No. 1. – P. 98-109.
3. Bredikhin A. V. Prospects for the participation of new states of the post-Soviet space in the processes of Eurasian integration // Arkhont. – 2017. – No. 2 (2). – P. 14-16.
PHILOSOPHY. LAW. SOCIETY
PLEKHANOV Nikolay Alexandrovich
applicant of Philosophy, political science and theology sub-faculty, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
POSTMODERNISM: THE NEED FOR REFLECTION IN NEW SOCIO-CULTURAL CONDITIONS
The article examines the specificity and role of postmodern culture in the context of ongoing global changes in modernity of a socio-cultural and geopolitical nature. The paper presents and analyzes the arguments of postmodernists, indicating the exhaustion of the culture of the New Time. It is shown that these arguments, indeed, reflect the dynamics of the Euro-Atlantic socio-cultural development. However, it is concluded that postmodernists do not offer any projects for transformation and a way out of the current systemic crisis in return. The article makes a final conclusion about the exhaustion of postmodernism for the current stage of socio-cultural dynamics.
Keywords: postmodernism, philosophy of culture, socio-cultural transformation, systemic crisis, transitional era, crisis of culture.
Article bibliography
1. Kogai E. A. Social well-being of the population in the sociological dimension // Challenges of the modern world in the framework of social and humanitarian knowledge. In search of an alternative: materials of the II All-Russian scientific and practical conference. – Izhevsk: ISTU named after M. T. Kalashnikov, 2024. – P. 287-290.
2. Kolenko E. A., Fedyunina T. G., Arnautova A. M., Petunina O. A. The phenomenon of violence in the play by J.-P. Sartre’s “The Devil and the Lord God”: a cultural-philosophical analysis // Context and reflection: philosophy about the world and man. – 2024. – Vol. 13, No. 5-1. – P. 97-102.
3. Kretov D. V. The phenomenon of political identity in the modern socio-cultural space // Humanitarian studies in the context of modern socio-cultural transformation: materials of the XIII All-Russian scientific and practical conference. – Lipetsk: LSPU named after P.P. Semenov-Tyan-Shansky, 2024. – P. 48-51.
4. Romakh O. V. Editor’s column // Analytics of cultural studies. – 2016. – No. 1 (34). – P. 4.
5. Tarasov A. N. Culture: dynamics through transformations. – M: INFRA-M, 2024. – 240 p.
6. Tarasov A. N. Methodology for using the educational potential of the historical education ecosystem: from work experience // Philosophy and cultural studies: issues of theory and methodology: materials of the II All-Russian scientific and methodological conference. – Lipetsk: LSPU named after P. P. Semenov-Tyan-Shansky, 2024. – P. 105-108.
7. Tarasov A. N. Sociocultural transformation as a phenomenon of the dynamics of European culture: philosophical analysis: dis. … doctor of philosophy: 09.00.13. – Kursk, 2021. – 379 p.
PHILOSOPHY. LAW. SOCIETY
PRIMAK Artem Vitaljevich
student, Far Eastern Federal University, Vladivostok
VAKULENKO Anastasiya Olegovna
student, Far Eastern Federal University, Vladivostok
GUBINA Anna Olegovna
student, Far Eastern Federal University, Vladivostok
KOMAROV Alexander Mikhaylovich
student, Far Eastern Federal University, Vladivostok
BAZHENOVA Zlata Sergeevna
student, Far Eastern Federal University, Vladivostok
THE EVOLUTION OF CONFLICT THEORY IN PHILOSOPHICAL THOUGHT: FROM CLASSICS TO POSTMODERNISM
The article is devoted to the evolution of conflict theory in philosophical thought, from classical philosophy to postmodern approaches. It examines the development of views on conflict as an important philosophical phenomenon, its interpretation in the works of ancient thinkers such as Plato and Aristotle, in medieval philosophy, as well as in the works of the Modern era and the 19th century. Special attention is paid to the transformation of the concept of conflict in postmodern philosophy, where conflict ceases to be just a social or political phenomenon and becomes an important component of culture, language and knowledge. The work analyzes how various philosophical schools interpret the nature of conflict, its role in society, and its significance for understanding power, identity, and social dynamics.
Keywords: conflict theory, philosophy, classical philosophy, postmodernism, Plato, Aristotle, Marx, Foucault, Lyotard, social dynamics, power, identity, deconstruction.
Article bibliography
1. Lyotard J.-F. The Postmodern Condition: Rejection of the Grand Narrative / Translated from French by M. L. Galkovsky. – Moscow: Academichesky Proekt, 2005. – 320 p.
2. Derrida J. On Grammatology / Translated from French by M. L. Galkovsky. – Moscow: Academichesky Proekt, 2005. – 320 p.
2. Derrida J. On Grammatology / Translated from French by M. L. Galkovsky. – Moscow: Academichesky Proekt, 2005. – 320 p.
3. M. I. Levina. – M.: IF RAS, 1997. – 408 p.
3. Foucault M. To supervise and to punish: The birth of prison / Translated from French by M. A. Kiseleva. – M.: AdMargo, 2000. – 400 p.
4. Deleuze J., Guattari F. Anti-Oedipus: Capitalism and schizophrenia / Translated from French by Yu. M. Dubina. – M.: Canon + ROO, 2001. – 496 p.
5. Weber M. Economy and society: Essays on sociological theory / Translated from German by V. M. Golosov. – M.: Nauka, 1990. – 784 p.
6. Harrow J. W. Political conflicts in history: From theory to practice. – London: Routledge, 2002. – 320 p.
PHILOSOPHY. RIGHT. SOCIETY
SHEVCHUK Nikita Vladimirovich
assistant of Social work sub-faculty, postgraduate student of Philosophy and cultural studies sub-faculty, Ufa University of Science and Technology
FORMATION OF THE POLITICAL IDENTITY OF MODERN RUSSIAN YOUTH
The article examines the specifics of the formation of political identity among the modern youth of Russia. The interpretation of political processes and the attitude towards them in Russia has always taken into account the peculiarity of our country, which consists in the multi-confessional and multi-ethnic nature of the population. However, there is a significant difference between the current youth of Russia and previous generations: the rejection of realities in favor of online platforms.
Keywords: modern Russia, youth, political culture, political identity, online activism.
Article bibliography
1. Barsukova S. Yu., Zvyagintsev A. V., Laptieva L. S., Safiullina E. I. Motives for youth participation in election campaigns // Monitoring. – 2021. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/motivy-uchastiya-molodezhi-v-izbiratelnyh-kampaniyah (date of access: 10.06.2024).
2. Brodovskaya E. V., Huang T. Digital generation: civil mobilization and political protest of Russian youth // Monitoring. – 2019. – No. 5 (153). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsifrovoe-pokolenie-grazhdanskaya-mobilizatsiya-i-politicheskiy-protest-rossiyskoy-molodezhi (date of access: 10.06.2024).
3. Gudkov L., Zorkaya N., Kochergina E., Pipia K., Ryseva A. “Generation Z”: Youth during Putin’s rule // Bulletin of Public Opinion. Data. Analysis. Discussions. – 2020. – No. 1-2 (130). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pokolenie-z-molodezh-vremeni-putinskogo-pravleniya (date of access: 10.06.2024).
4. Rastorguev S. V. Modern studies of the political identity of Russian youth // Bulletin of the Financial University. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-issledovaniya-politicheskoy-identichnosti-rossiyskoy-molodezhi (date of access: 10.06.2024).
5. Shamionov R. M., Suzdaltsev N. V. The ratio of young people’s commitment to social activity on the Internet and physical space // Bulletin of RUDN University. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sootnoshenie-priverzhennosti-molodezhi-k-sotsialnoy-aktivnosti-v-internete-i-fizicheskom-prostranstve (date of access: 10.06.2024).
6. Youth without Representation: The Absence of Young Adults in Parliaments, Kabinets, and Candidates // University of Michigan Press. – 2022 – P. 40-42.
R. N. Salieva:
Practice is the basis of scientific knowledge, and science contributes to the improvement of practice
Interview with Salieva Roza Nailjevna, Ph.D. in Law, professor, chief researcher of the Institute of Ecology and Subsoil Use Problems of the Academy of Sciences of the Republic of Tatarstan.
INTERNATIONAL LAW
IDELBAEVA Gulfiya Ishbuldovna
Ph.D. in Law, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
MOROZOVA Svetlana Alexandrovna
student, Institute of Law, Ufa University of Science and Technology
IMPACT OF GLOBAL CONFLICTS ON THE INTERNAL SECURITY OF THE STATE
The article examines the impact of global conflicts on the internal security of the state. It analyzes the main threats arising from international crises and armed conflicts, including the rise of terrorism, extremism, migration crises and economic instability. It examines the mechanisms through which external factors penetrate the internal security systems of the state, as well as the role of globalization and modern technologies in the spread of these threats. The author offers recommendations for strengthening national security in the context of growing instability in the international arena, with an emphasis on the integration of internal and external security strategies.
Keywords: international relations, internal security of the state, economic instability, indirect channels, cybersecurity, cyber threats, comprehensive approach.
Article bibliography
1. Mamaeva L. N., Lazareva V. A., Rybakova K. S., Kiryukhina M. V. Security of the financial system in the context of the emergence of cryptocurrency // Economic security and quality. – 2018. – No. 1 (30). – P. 53-56.
2. Sukharenko A. N. Counteracting transnational organized crime in Russia: state and problems // International public and private law. – 2007. – No. 2. – P. 17-21.
3. Startsev G. V. Problems of economic security in the context of modern terrorist activity // Threats and security. – 2011. – No. 15 (108). – P. 57-61.
4. Shuldyakova V. V. Manifestation of monopsony in the labor market // Issues of structuring the economy. – 2010. – No. 2. – P. 524-529.
5. Antsupov A. Ya. Conflicts as a threat to Russia’s security // World civilizations. – 2019. – No. 3-4. – P. 10-11.
6. Antsupov A. Ya., Kandybovich S. L., Timchenko G. N. Problems of domestic psychology. Index of 1410 doctoral dissertations (1935-2019). – Moscow: Prospect, 2020. – 368 p.
INTERNATIONAL LAW
KINYABAEVA Gulnazira Airatovna
Ph.D. in historical sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology.
MOROZOVA Svetlana Alexandrovna
Specialist of the Export Support Center under the Ministry of Foreign Economic Relations and Congress Activities of the Republic of Bashkortostan
HISTORICAL ROOTS OF CHINESE DIPLOMACY
This article examines the historical roots of Chinese diplomacy, dating back to ancient times and passing through key stages of development from the Shang Dynasty to the present. It focuses on how the concepts of “tianxia” and “humanity” have influenced China’s approach to foreign relations, as well as the use of dynastic ties and economic alliances to ensure stability. It examines changes in diplomatic practices in different historical eras, including the influence of Western imperialism in the 19th century and the shift to a more pragmatic policy after Deng Xiaoping’s reforms. The article emphasizes the importance of understanding historical traditions to analyze China’s contemporary diplomatic strategies, such as the Belt and Road Initiative, and their role in shaping global politics.
Keywords: political stability, Chinese diplomacy, systematized approaches, non-aggression principles, reforms, dynastic ties, sustainable development.
Article bibliography
1. Leontyeva E. O., Belokopytova M. S. Confucius Institute as an Instrument of China’s Foreign Policy // Regionological Studies. – 2020. – No. 5, Vol. 3. – P. 70-89.
2. Bogdanova N. A. On the Role of Stratagems in China’s Diplomacy // Bulletin of the Peoples’ Friendship University of Russia. Series: International Relations. – 2022. – No. 1. – P. 117-124.
3. Kissinger G. On China / [translated from English by V. N. Verchenko]. – Moscow: AST, 2021. – 635 p.
3. Katkova N. M. Stratagem of Thinking and Behavior as a Characteristicdistinctive feature of Chinese civilization // Bulletin of St. Petersburg University. Series 13. Oriental and African Studies. – 2021. – Issue 2. – P. 76-84.
4. Victorien A. Features of China’s investment cooperation with African countries // Bulletin of Peoples’ Friendship University of Russia. Series: Economics. – 2023. – Nº 3. – P. 56-63.
5. Kinyabaeva G. A. On the problem of the islands of the South Pacific Ocean in the context of China’s foreign policy at the present stage // Eurasian Law Journal. – 2022. – No. 11 (174). – P. 18-19. – DOI 10.46320/2073-4506-2022-11-174-18-19. – EDN ZECNYO.
INTERNATIONAL LAW
MINIGULOVA Ilmira Rafisovna
Ph.D. in philosophical sciences, associate professor of International and integration law sub-faculty, Institute of Law, Ufa University of Science and Technology
INTERNATIONAL MIGRATION: LEGAL MECHANISMS OF REGULATION
Modern international migration, which is a continuous process, is characterized by high growth rates. The essence of international migration is the territorial movement of people crossing state borders. One of the effective ways to regulate migration movements is its international legal regulation. Legal mechanisms of regulation are implemented at two levels: global and regional.
Today, the complex picture of international migration, which is constantly changing under the influence of global events and trends, justifies the need to improve the mechanisms of its legal regulation.
Keywords: international law, international relations, international migration, state, national law, international organization.
Article bibliography
1 Minigulova I. R. International legal regulation of migration within the framework of the activities of the United Nations and the International Organization for Migration // International Law and International Organizations // International Law and International Organizations. – 2019. – No. 4. – P. 9-15.
2. Zinchenko N. N. Migration law in international legal doctrine and practice: formation and development prospects: Doctor of Law: 12.00.10. – M., 2012. – 48 p.
3. African migration in the context of modern international relations: a collection of articles / Ed. T. L. Deich, E. N. Korendyasov / Institute for African Studies of the Russian Academy of Sciences. – M.: IAF RAS, 2015. – 176 p.
4. Davydenko E. V. Labor migration in the Eurasian Economic Union: problems, challenges and solutions // Economic relations. – 2025. – Vol. 15, No. 1.
5. Nigmatullin R. V., Minigulova I. R. The fight against crime in the course of modern international law. – Ufa: RIC BashSU, 2018. – 85 p.
INTERNATIONAL LAW
NUTSALHANOV Gamzat Nutsalhanovich
Ph.D. in Law, associate professor, Head of State and legal disciplines sub-faculty, North Caucasus Institute, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
TOWARDS A NUCLEAR-WEAPON-FREE ZONE IN AFRICA
The subject of this article is the content of the Treaty on a Nuclear-Weapon-Free Zone in Southeast Asia, its shortcomings. The research methodology is based on a formal legal analysis of the provisions of the Bangkok Treaty. The author concludes that in many respects the Bangkok Treaty is similar to other treaties on nuclear-weapon-free zones, but it has some unique features.
Keywords: treaty, nuclear weapons, disarmament, non-proliferation, nuclear-weapon-free zone, Africa, signature, ratification.
Bibliographic list of articles
1. Van Wyk O., Turianskyi Y. The Nuclear Weapons Ban Treaty: An African Perspective // South African Institute of International Affairs. May. 1, 2021.
2. L. Spector, A. Ohlde. Negative Security Assurances: Revisiting the Nuclear-Weapon-Free Zone Option // Arms Control Today, Vol. 35, No. 3 (APRIL 2005), pp. 13-19.
3. Ogunbanwo S. The Treaty of Pelindaba: Africa Is Nuclear-Weapon-Free // Security Dialogue, Vol. 27, No. 2 (JUNE 1996), pp. 185-200.
4. Harvey S. African NWFZ Treaty Enters Into Force // Arms Control Today, Vol. 39, No. 7 (SEPTEMBER 2009), pp. 26-27.
5. Alfred B. Nzo. Nuclear Energy and Non-Proliferation: The View From South Africa // The Brown Journal of World Affairs, Vol. 4, No. 1 (Winter/Spring 1997), pp. 139-147.
6. Fischer D. The Pelindaba Treaty: Africa Joins the Nuclear-Free World // Arms Control Today, Vol. 25, No. 10 (December 1995/January 1996), pp. 9-14.
7. Stumpf W. South Africa’s Nuclear Weapons Program: From Deterrence to Dismantlement // Arms Control Today, Vol. 25, No. 10 (December 1995/January 1996), pp. 3-8.
8. Evan S. Medeiros. African Nuclear-Weapon-Free-Zone Treaty Signed By 43 Countries // Arms Control Today, Vol. 26, No. 3 (April 1996), p. 22-25.
INTERNATIONAL LAW
RYZHOV Nikolay Alexandrovich
Second Secretary of the Embassy of the Russian Federation in the Republic of Senegal, Ministry of Foreign Affairs of the Russian Federation
PROTECTING FOREIGN INVESTMENT IN AFRICA IN THE CONTEXT OF REGIONAL SANCTIONS
For several decades a real “investment race” has been unfolding in Africa to capture the most lucrative markets on the continent.
Interest in investing in the continent has traditionally been reserved for such major players in the international market as the US, the EU and China. Recently, Turkey has been very active in terms of infrastructure investments. Russian experts also note the significant interest of domestic businesses in investing in Africa.
Despite the high level of investment attractiveness and, as mentioned above, dynamic development, the continent is characterized by extremely unpredictable and fragile political regimes, which creates many difficulties for foreign investors.
Taking into account the fact that at present the topics of sanctions and events taking place in Africa in connection with foreign investments and ways of their protection are extremely topical, the article will analyze the legal mechanisms of regional sanctions and protection of foreign investments by the example of the situation in West Africa.
Keywords: Africa, regional communities, investment, sanctions, investment protection.
INTERNATIONAL LAW
TALIMONCHIK Valentina Petrovna
Ph.D. in Law, professor of General theoretical legal disciplines sub-faculty, senior researcher, North-Western branch, Russian State University of Justice, St. Petersburg
THE CONCEPT OF EFFECTIVE INTERNATIONAL LEGAL REGULATION OF THE CREATION AND USE OF INFORMATION AND COMMUNICATION SYSTEMS
The purpose of the research undertaken in the article is to develop proposals for a unified concept of effective international legal regulation of the creation and use of information and communication systems, taking into account existing mechanisms. The research used methods of analysis and synthesis, formal logical and problem-theoretical methods. As a result of the study, it was revealed that effective international legal regulation of the creation and use of information and communication systems should cover such issues as codification of the principles of international legal regulation of information relations and information and communication systems, unification of restrictions on the creation and use of information and communication systems, harmonization provisions on the responsibility of operators of information and communication systems, unified procedural dispute resolution form, related to information and communication systems.
Keywords: judge, court, justice, international legal regulation, effectiveness of international law, international law creation, information and communication systems, legal principles, Global Digital Compact, codification, unification.
Bibliographic list of articles
1. Babkin S. A. Law applicable to relations arising when using the Internet: main problems. – M.: JSC “Center YurInfoR”, 2003. – 67 p.
2. Zakharov T. V. International law-making: how practice determines the formation of norms of customary international law // Social and humanitarian sciences. Domestic and foreign literature. Series 4: State and law. – 2020. – No. 2. – P. 159-165.
3. Lyutov N. L. Effectiveness of international labor law norms. Abstract of PhD thesis. – Moscow: 2013. – 55 p.
4. Lyutov N. L. Effectiveness of international labor law norms. – M.: Prospect, 2014. – 328 p.
5. Malinovsky A., Trikoz E. International treaty rule-making as a political process // International processes. – 2020. – V. 18, No. 2 (61). – P. 6-30.
6. Marochkin S. Yu. Effectiveness of the norms of international law: concept, criterion and conditions. Abstract of PhD thesis – Sverdlovsk: 1984. – 18 p.
7. Marochkin S. Yu. Effectiveness of the norms of international law and the mechanism of international legal regulation (formulation of the issue) // Issues of state, law and social management. Interuniversity collection of scientific papers / Ed. G. V. Ignatenko. – Sverdlovsk: Ural State Law Academy, 1983. – P. 27-32.
8. Mingazov L. Kh. Effectiveness of the norms of international law (theoretical problems). PhD thesis. – Kazan: 2000. – 465 p.
9. Pugina O. A. International lawmaking as a special type of creating a system of norms // International public and private law. – 2008. – No. 1. – P. 4-5.
10. Sayadyan M. M., Poselenkova O. V. Effectiveness of the implementation of norms of international humanitarian law // Politika i pravo. uchenki. Blagoveshchensk: Amur State University. – 2021. – P. 158-164.
11. Taziev N. D. International rule-making: modern methods of creating legal norms. Diss. … candidate of legal sciences. – Kazan: 2002. – 186 p.
12. Technological progress and modern international relations / Ed. A. V. Krutskikh. – M., 2004. – P. 71-81.
13. Shakhanov V. V., Snegirev A. A. International rule-making: doctrinal foundations, principles, concept, metatheory // Uchenye zapiski. – 2021. – No. 2 (38). – pp. 144-148.
14. Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration / Ed. by Peng Shin-Yi, Lin Ching-Fu, Streinz Thomas. – Cambridge: Cambridge University Press, 2021. – 320 p.
15. Bambara J., Allen P. Blockchain: A Practical Guide to Developing Business, Law, and Technology Solutions. – McGraw-Hill Education, 2018. – 302 p.
16. Big Data in Context Legal, Social and Technological Insights / Ed. by Thomas Hoeren, Barbara Kolany. – London: Springer, 2018. – 120 p.
17. Burri M. Big Data and Global Trade Law. – Cambridge: Cambridge University Press, 2021. – 376 p.
18. Cappiello B., Carullo G. (eds.). Blockchain, Law and Governance. – London: Springer, 2021. – 303 p.
19. Chesterman S. We, the Robots?: Regulating Artificial Intelligence and the Limits of the Law. – Cambridge: Cambridge University Press, 2021. – 300 p.
20. Compagnucci M. C. Big Data, Databases and “Ownership” Rights in the Cloud. – London: Springer, 2020. – 308 p.
21. Herian R. Regulating Blockchain: Law, Technology and the Ethics of Political Economy. – New York: Routledge, 2018. – 167 p.
22. Giannopoulou A. Digital Golems – Copyright and Lex Electronica // Journal of Law, Technology and Society. – 2016. – V. 13, Iss. 1. – Pr. 108-111.
23. Kovac M. Judgment-Proof Robots and Artificial Intelligence A Comparative Law and Economics Approach. – London: Springer/Palgrave Macmillan, 2020. – 153 p.
24. Rebe N. Artificial Intelligence: Robot Law, Policy and Ethics. – Leiden: Brill – Nijhoff, 2021. – 252 p.
25. Stabile D., Prior K. Digital Assets and Blockchain Technology: U.S. Law and Regulation. – Cheltenham: Edward Elgar Publishing Limited, 2020. – 368 p.
26. Gautrais V., Lefebcre G., Benyekhlef K. Droit du Commerce Electronique et Normes Applicables: L’Emergence De La Lex Electronica // International Business Law Journal. – 1997. – Iss. 5. – Pr. 547-584.
INTERNATIONAL LAW
ANDROPOVA Anastasiya Olegovna
magister student, Institute of Law, Samara State University of Economics
PROBLEMS OF INTERNATIONAL LEGAL PROTECTION OF MEANS OF INDIVIDUALIZATION OF LEGAL ENTITIES, GOODS AND SERVICES
This article considers the problems of international legal protection of means of individualization of legal entities, goods and services, which is an important part of legal regulation in the era of globalization. The main regulatory sources such as the Paris Convention for the Protection of Industrial Property (1883) and the TRIPS agreement are analyzed. Gaps in the enforcement of national legislation are identified. Recommendations are offered to improve the mechanisms of protection of means of individualization in order to increase legal certainty and protection of owners’ rights in the conditions of global trade.
Keywords: private international law, trademarks, intellectual property, legal protection, industrial designs, registration, international standards, unfair competition.
Article bibliography
1. Lutkova O. V., Shakhnazarov B. A., Terentyeva L. V. Intellectual property in international private law: textbook. – M .: Prospect, 2023. – P. 144.
2. Paris Convention for the Protection of Industrial Property of March 20, 1883 – [Electronic resource]. – Access mode: https://rospatent.gov.ru/ru/documents/parizhskaya-konvenciya-po-ohrane-promyshlennoy-sobstvennosti (date of access: 23.01.2025).
3. On supranational protection of trade names. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-nadnatsionalnoy-ohrane-firmennyh-naimenovaniy/viewer (date of access: 23.01.2025).
4. Some problems of law enforcement practice in the field of protection of rights to trademarks. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekotorye-problemy-pravoprimenitelnoy-praktiki-v-sfere-zaschity-prav-na-tovarnye-znaki (date of access: 24.01.2025).
INTERNATIONAL LAW
GASANOV Togrul Rakhmanovich
postgraduate student of Constitutional and international law sub-faculty, V. N. Tatishchev Astrakhan State University
EVOLUTION OF THE INTERNATIONAL LEGAL INTEGRATION OF THE CASPIAN LITTORAL STATES
The scientific article describes the development of relations between the Russian state and Persia, which originated in the 9th century with the beginning of active trade, and in the 18th century. Legal relations between Russia and Persia regarding the Caspian Sea are beginning to be regulated. A number of interstate agreements were concluded during the Soviet period (1922 and 1940), and they remain in force at the moment. However, it is emphasized that since the collapse of the USSR and to the present day, the territories of the Caspian littoral states (the Republic of Azerbaijan, Iran, the Republic of Kazakhstan, the Russian Federation and Turkmenistan) have not ratified a new adopted interstate normative act regulating public relations between these states – the Convention on the Legal Status of the Caspian Sea in 2018, which makes it advisable to find a compromise for international legal integration.
Keywords: international law, Caspian littoral states, international legal integration, legal status of the Caspian Sea.
Article bibliography
1. Asaeva G. D. Interests of Russia in the Caspian Region in the 17th-19th Centuries // Symbol of Science: International Scientific Journal. – 2022. – No. 12-2. – P. 48-50.
2. Kuznetsov A. P. International legal support for Russia’s national security in the Caspian region: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2007. – 25 p.
3. Rozhkov I. S. Mechanisms of multilateral interaction of the Caspian states at the present stage: dis. … candidate of political sciences. – Moscow, 2022. – 250 p.
4. Khurchak N. M. International legal status of the Caspian Sea and international economic cooperation of the Caspian states: author’s abstract. dis. … candidate of legal sciences. – Moscow, 2006. – 28 p.
INTERNATIONAL LAW
MARZANOV Akhmed Yusufovich
postgraduate student of International law sub-faculty, Faculty of Law, M. V. Lomonosov Moscow State University
FEATURES OF THE PARTICIPATION OF THE ROMAN SEE AND THE VATICAN CITY STATE IN DIPLOMATIC AND CONSULAR RELATIONS
The article explores the specifics of the papacy’s foreign policy relations. It is concluded that due to the fundamental institutional differences between the Roman See (the supreme institution of the Catholic Church) and the Vatican City State, each of them represents two separate subjects of jus legationis. For ‘organisational saving’ reasons, the Vatican City does not maintain diplomatic relations with any state, unlike the Roman See, which, where necessary, may also act on behalf of and on behalf of the Vatican City, including for the exercise of consular functions.
Keywords: the Holy See, the Vatican City State, the Papal States, Roman Curia, international legal personality, diplomatic agents, consular officers.
Article bibliography
1. Karlov Yu. E. Mission to the Vatican. – M.: International Relations, 2004. – 232 p.
2. Marzanov A. Yu. The state structure of the Vatican City and the internal structure of the Holy See in light of the issue of the international legal personality of the papacy // Constitutional and municipal law. – 2024. – No. 8. – P. 59-66.
3. Cardinale H. E. The Holy See and the International Order. – Gerrards Cross: Colin Smythe Ltd., 1976. – 557 p. – [Electronic resource]. – Access mode: https://archive.org/details/holyseeinternati0000card/mode/2up (access date: 01/25/2025).
4. Cumbo H. F. The Holy See and International Law // The International Law Quarterly. – 1948. – Vol. 2, No. 4. – P. 603-620.
5. Editorial Note // Foreign Relations of the United States, 1951. – Washington: United States Government Printing Office, 1985. – Vol. IV, Part. 1. – P. 1003.
6. Editorial Note // Foreign Relations of the United States, 1952-1954. – Washington: United States Government Printing Office, 1986. – Vol. VI, Part. 2. – P. 2002.
7. Graham R. A. Vatican Diplomacy. A Study of Church and State on the International Plane. – Princeton: Princeton University Press, 1959. – XII, 442 p. – [Electronic resource]. – Access mode: https://archive.org/details/vaticandiplomacy0000grah/mode/2up (access date: 01/27/2025).
8. Kunz J. The Status of the Holy See in International Law // The American Journal of International Law. – 1952. – Vol. 46, No. 2. – P. 308-314.
9. Worster W. T. The Human Rights Obligations of the Holy See under the Convention on the Rights of the Child // The Duke Journal of Comparative & International Law. – 2021. – Vol. 31, No. 2. – P. 351-423.
10. Germelmann F. Heiliger Stuhl und Vatikanstaat in der internationalen Gemeinschaft. Völkerrechtliche Praxis und interne Beziehungen // Archiv des Völkerrechts. – 2009. – Bd. 47, No. 2. – P. 147-186.
11. Köck H. F. Die völkerrechtliche Stellung des Heiligen Stuhls dargestellt an seinen Beziehungenzu Staaten und internationalen Organizationen. – Berlin: Duncker & Humblot, 1975. – XXIV, 925 p.
INTERNATIONAL LAW
RAKHIMOVA Malakkhanim Seyfulla gyzy
lecturer of UNESCO on Human Rights and information law sub-faculty, Faculty of Law, Baku State University
INTERNATIONAL LEGAL FRAMEWORK AND UNIVERSAL STANDARDS OF ACCESS TO THE RIGHT TO CLEAN WATER
The main element of the right to a decent life is the separate effective provision of the elements of law included in this complex system. The right to water occupies one of the main places among these elements of the right to a decent life. The realization of this right at a decent and adequate level should be interpreted not only in the narrow sense of water as an economic raw material, taking into account quantitative and technical parameters, but also in the sense that it is a social and cultural asset. The realization of the rights to adequate water and basic human needs should be aimed at ensuring a decent life for all without discrimination. The right to sufficient and adequate water means the use and consumption of sufficient amounts of safe, clean, affordable and inexpensive water for drinking, personal, household and other purposes. One of the specific characteristics of this right is that it contains both rights and freedoms. In the article, the author identified the exact composition of the rights and freedoms that make up decent and adequate water relations, analyzed international standards of the right to decent water, and studied in detail the international legal means of protecting the relevant right. However, the author separately reviewed international, regional and national acts recognizing the right to decent water, and at the same time put forward certain proposals and recommendations for the adequate implementation of the relevant right.
Keywords: decent standard of living, the right to a decent life, adequate standards, social rights, the right to clean water, international legal framework, universal standards, normative act, action plan, well-being, accessibility, equality.
References
1. 1. Abramov V. V. The aspects of legal regulation of water use agreement. 2018. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-pravovogo-regulirovaniya-dogovora-vodopolzovaniya (last access: 06/24/24).
2. 2. Carolina De Mendonça Gueiros and David N. Cassuto. The Right to Water in the Case Law of the European Court of Human Rights. 2014. pp. 20-23.
3. 3. Convention for the Protection of Human Rights and Fundamental Freedoms. Rome, November 4, 1950. [Electronic resource]. – Access mode: https://www.echr.coe.int/documents/d/echr/Convention_ENG (last access: 05/12/24).
4. 4. Convention on the Elimination of All Forms of Discrimination against Women. BY United Nations General Assembly. New York, 18 December 1979. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-forms-discrimination-against-women (last access: 03/02/24).
5. 5. Convention on the Rights of Persons with Disabilities. BY Sixty-first session of the General Assembly by resolution A/RES/61/106. 12 December 2006. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-persons-disabilities (last access: 04.08.24).
6. 6. Convention on the Rights of the Child. 20 November 1989. By General Assembly resolution 44/25. 20 November 1989. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child (last access: 06/17/24).
7. 7. Dugard. J. Water Rights in a Time of Fragility: An Exploration of Contestation and Discourse around Cape Town’s “Day Zero” Water Crisis. Water 2021.13.3247. https://doi.org/10.3390/w13223247. [Electronic resource]. – Access mode: https://www.mdpi.com/2073-4441/13/22/3247 (last access: 06/05/24).
8. 8. European Union Network of Independent Experts on Fundamental Rights, Commentary of the Charter of Fundamental Rights of the European Union 79. 2006.
9. 9. Karlova G. A. Introductory speech by the Chairman of the Subcommittee on Water Resources of the Committee of the State Duma of the Russian Federation on Natural Resources, Nature Management and Ecology. // International aspects of water legislation. – Moscow, 2015. – 112 pages.
10. 10. General comment no. 15 (2002), The right to water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural Rights.
11. 11. General comment No. 36 – Article 6: right to life. [Electronic resource]. – Access mode: https://www.ohchr.org/en/documents/general-comments-and-recommendations/general-comment-no-36-article-6-right-life (last access: 08/28/24).
12. 12. Human Rights Council. Resolution 7/22. Human rights and access to safe drinking water and sanitation. Final Resolution. 2008 March. [Electronic resource]. – Access mode: https://www.right-docs.org/doc/a-hrc-res-7-22/ (last access: 03.12.24).
13. 13. International Covenant on Economic, Social and Cultural Rights. By General Assembly resolution 2200A (XXI). 16 December 1966. [Electronic resource]. – Access mode: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights (last access: 02.08.24).
14. 14. International Decade for Action “WATER FOR LIFE” 2005-2015. Report 9. [Electronic resource]. – Access mode: 14. www.un.org/waterforlifedecade.
15. 15. Lotta Viikari. The Environmental Element in Space Law: Assessing the Present and Charting the Future. Martinus Nijhoff Publishers, 2008. 396 pages.
16. 16. Peace, dignity and equality on a healthy planet. [Electronic resource]. – Access mode: https://www.un.org/ru/global-issues/water.
17. 17. Report of the United Nations Water Conference, Mar del Plata, 14-25 March 1977. [Electronic resource]. – Access mode:https://digitallibrary.un.org/record/724642?v=pdf
18. 18. Right to water. [Electronic resource]. – Access mode: https://www.un.org/ru/waterforlifedecade/human_right_to_water.shtml (last access: 07.12.24).
19. 19. Sivakov D. O. Corruption manifestations in the field of water relations and measures to reduce them. Scientific basis for combat corruption. 2018. Corruption prevention measures. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/korruptsionnye-proyavleniya-v-oblasti-vodnyh-otnosheniy-i-mery-po-ih-snizheniyu (last access: 04.06.24).
20. 20. The Geneva Conventions and their Commentaries. [Electronic resource]. – Access mode: https://www.icrc.org/en/law-and-policy/geneva-conventions-and-their-commentaries (last access: 08/28/24)
21. 21. The human rights to safe drinking water and sanitation Note by the Secretary-General. Seventy-ninth session. 19 July 2024. [Electronic resource]. – Access mode: https://digitallibrary.un.org/record/4059193?v=pdf.
22. 22. The right to an adequate standard of living. [Electronic resource]. – Access mode: https://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-fora/substantive-human-rights/the-right-to-an-adequate-standard-of-living (last access: 06.24.24)
23. 23. The Right to Water. Fact Sheet No. 35. [Electronic resource]. – Access mode: https://www.ohchr.org/sites/default/files/2021-09/FactSheet35en.pdf.
24. 24. Water Code of The Russian Federation. 12 April 2006. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_60683/ (last access: 04.07.24)
INTERNATIONAL PRIVATE LAW
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
KONDRA Alisa Vasiljevna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
SHELEST Yuliya Alexeevna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
ON THE ISSUE OF DETERMINING THE SUBJECT SCOPE OF APPLICATION OF THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, 1980
The article analyzes the scope of application of the Vienna Convention on Contracts for the International Sale of Goods, 1980. First of all, the subject area of the Vienna Convention, 1980, was examined. Emphasis is placed on the possibility of the parties to the contract to refuse to apply the Convention, based on the optional nature of its provisions. Issues related to the sale and purchase of specific property, in particular, shares, property rights, results of intellectual activity and equivalent means of individualization, software are considered. When interpreting the provisions of the Vienna Convention, 1980, the courts should not rely on the norms of Russian legislation, given the transboundary nature of the Convention. The authors draw attention to the absence of a separate definition of an international sale and purchase agreement in the Convention and the need to formulate it. At the same time, the developers, following the principle of neutrality of the provisions of the Convention, should not rely on the norms of national law when creating it.
Keywords: international treaty, convention, international sale and purchase contract, autonomy of will.
Article bibliographic list
1. Glinshchikova T.V., Stepkina K.V. Some aspects of the scope of the UN Convention “On Contracts for the International Sale of Goods” of 1980 // HumanIT, socio-economic and social sciences. – 2020. – No. 7. – P. 124-126.
2. Rosenberg M. G. International sale and purchase of goods. – M., 1996. – P. 143.
3. Funk Ya. I. International trade law: contracts for the international sale of goods and international trade mediation: in 3 books. Book. 1. Universal international legal unification of the sale and purchase of goods. – Minsk, 2005. – 296 p.
4. UNCITRAL Legal Guide on International Countertrade Transactions (adopted by UNCITRAL on 12.05.1992). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”. – http://www.consultant.ru/document/.
INTERNATIONAL PRIVATE LAW
SEYTYAGYAEVA Dinara Alievna
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
IVNITSKAYA Elena Sergeevna
bachelor student of the 4th course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University, Krasnodar
THE ROLE OF BILATERAL TREATIES ON THE PROMOTION AND MUTUAL PROTECTION OF CAPITAL INVESTMENTS IN THE INTERNATIONAL LEGAL REGULATION OF FOREIGN INVESTMENTS
Legal regulation of transnational investment relations is carried out mainly through international treaties. This is due to the fact that national legislation can change in the interests of the state, i.e. not characterized by stability. In this regard, the effectiveness and stability of legal regulation of investment relations is realized through international treaties. This order of legal regulation allows to provide guarantees of stability to investors, to protect their rights when making investments.
Keywords: foreign investments, capital investments, international agreement, guarantees, legal regime.
Article bibliography
1. Doronina N. G. Multilateral international treaties and Russian legislation on investments // Journal of Russian law. – 2002. – No. 11. – P. 29.
2. Ershova I. V. The system of legal regulation of Russian investments abroad // Entrepreneurial law. Supplement “Business and law in Russia and abroad”. – 2012. – No. 4. – P. 19.
3. Bogatyrev A. G. The problem of the relationship of sources in modern international investment law // Modern lawyer. – 2012. – No. 1. – P. 53.
4. Labin D.K. International law on the protection and promotion of foreign investments. – M., 2008. – P. 217.
5. Glinshchikova T.V. Legal nature of investment agreements // Leningrad Law Journal. – 2014. – No. 1 (35). – pp. 149-154.
INTERNATIONAL PRIVATE LAW
WANG Jing
magister student, International Law Institute, O. E. Kutafin Moscow State Law University (MSAL)
PROBLEMS AND PROSPECTS OF EARLY DISMISSAL PROCEDURE IN INTERNATIONAL COMMERCIAL ARBITRATION IN CHINA
This article systematically examines the current status, problems and prospects of early dismissal procedures in China’s international commercial arbitration. International experience of this procedure, China still faces a number of problems in practice, such as imperfect legal framework, insufficiently mature procedure and excessive discretionary power of arbitrators. This paper utilizes analytical and comparative research methods. Through in-depth analysis of relevant arbitration cases at home and abroad, the practical problems encountered by the parties to the dispute resolution process in using the early stage rejection procedure in China are revealed, and compared with the practice of other countries and international arbitration institutions. The novelty of this article is that it is the first time to systematically evaluate the applicability of the early dismissal procedure in China and its impact on arbitration efficiency, and puts forward a series of concrete suggestions for its improvement. These suggestions include improving the legal framework, clarifying procedural standards, and enhancing the training of arbitrators, which provide an important guideline for the future institution-building of international commercial arbitration in China. In addition, this article also examines the trend of early development of the rejection procedure in China and points out its potential to enhance the credibility of arbitration in China. Through an in-depth analysis of this new mechanism, this article provides valuable insights for the further improvement of China’s international commercial arbitration system.
Keywords: international commercial arbitration, early dismissal procedure, international commercial dispute resolution.
Article bibliography
1. Tang Saixiao, an author of the International Arbitration Law Review. Cost Balance and Institutional Construction of the Mechanism of the Early Dismissal Procedure in International Commercial Arbitration. Wuhan University International Law Review. 2019. No. 3 (02). P. 85-104. DOI: 10.13871/b.cnki.whuilr.2019.02.017.
2.梁丹妮,林希楠.ICSID仲裁中的早期驳回程序研究——基于2021年《ICSID仲裁规则修订稿草案》第41条的分析Dani Liang, Xinan Lin. A Study of Early Rejection Procedure in ICSID Arbitration – An Analysis Based on Article 41 of the Revised Draft ICSID Arbitration Rules 2021 [J] // Sun Yat-sen University Law Review. 2020. No. 18 (02). pp. 225-241.
3. Jiang Chun, Zhong Huiqiang. Destroying the “Final Award” of Commercial Arbitration and Analyzing the Substantive Appeal Mechanism [C] // Collection of “Shanghai Legal Research”, Volume 2, 2023 – Collection of Legal Research of Lawyers. Shanghai Dehe Hantong Law Firm. 2023. No. 7. DOI: 10.26914/c.cnkihy.2023.022439.
THEORY OF STATE AND LAW
ABDRASHITOV Vagip Mnirovich
Ph.D. in Law, associate professor, professor of Philosophy and theory of law sub-faculty, Volgograd State University
VOPLENKO Nikolay Nikolaevich
Ph.D. in Law, professor, professor of Theory and history of law and state sub-faculty, Volgograd State University
POLYAKOV Vyacheslav Aleksandrovich
Ph.D. in historical sciences, associate professor, professor of Theory and history of law and state sub-faculty, Volgograd State University
THE CONCEPT OF STATE SOVEREIGNTY OF THE MODERN RUSSIAN FEDERATION (THEORETICAL ASPECT)
The article analyzes current trends in constitutional and legal reforms in the context of strengthening state sovereignty. The authors conclude that modern changes in the basic laws of a number of states are aimed at protecting traditional values, national interests, and strengthening independence in the face of global political and cultural pressure from other states. The author analyzes the process of establishing the supremacy of the Constitution of the Russian Federation over international legal norms, which is a consistent step in the formation of Russia’s sovereign legal doctrine. The importance of constitutional reforms for modernizing public administration and increasing public confidence in government institutions is emphasized. It is concluded that the consistent development of the concept of national sovereignty of Russia, based on historical and legal traditions, contributes to strengthening the state legal regime and increasing citizens’ trust in public authority.
Keywords: sovereignty, legislation, globalization, state sovereignty, constitutional reform, state, international law, human rights and freedoms, system of protection of state sovereignty.
Article bibliography
1. Khabrieva T. Ya., Klishas A. A. Thematic commentary to the Law of the Russian Federation on amendments to the Constitution of the Russian Federation dated 14.03.2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authority.” – Moscow: Norma, INFRA-M, 2020. – 240 p.
2. Ukhanov A. D. Modern transformation of state sovereignty // Territory of new opportunities. Bulletin of the Vladivostok State University of Economics and Service. – 2016. – Vol. 8, No. 1 (32). – P. 53-62.
3. Grachev N. I. Empire as a form of government and trends in the development of sovereign statehood in the modern world // Bulletin of the Saratov State Academy of Law. – 2006. – No. 5 (51). – P. 8-15.
4. Palienko N. I. Sovereignty: historical development of the idea of sovereignty and its legal significance. – Yaroslavl, 1903. – 593 p.
5. Mikhnevich A. V., Gritsenko A. A lost opportunity to guarantee restitutio in integrum or a reminder to the Council of Europe about Russia’s sovereignty? // International Journal of Experimental Education. – 2017. – No. 3 (part 2). – P. 165-169.
6. Romanovsky G. B. “The Anchugov and Gladkov Case” and decisions of the Constitutional Court of the Russian Federation and constitutional review bodies of foreign countries // Lex Russica. – 2017. – No. 2. – P. 137-148. – [Electronic resource]. – Access mode: https://rucont.ru/efd/583136 (date of access: 25.01.2025).
7. Alebastrova I. A. State sovereignty: concepts and reality // Lex Russica. – 2014. – No. 12. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/gosudarstvennyy-suverenitet-kontseptsii-i-realnost (date of access: 25.02.2025).
8. Tuzmukhamedov R. A. National sovereignty / Acad. of Sciences of the Uzbek SSR. Institute of Philosophy and Law. – Moscow: IMO Publishing House, 1963.– 215 p.
9. Ushakov N. A. Sovereignty in modern international law. – Moscow, 2017. – 231 p.
THEORY OF STATE AND LAW
AVRAMOV Stepan Olegovich
adjunct of the adjunct and doctoral studies, Military Research Center of the Zhukov Military Academy of the National Guard of the Russian Federation
PROBLEMS OF DIFFERENTIATION OF LEGAL RESTRICTIONS AND PROHIBITIONS IN MODERN LEGAL SCIENCE
The article explores legal restrictions as a tool for balancing the interests of society, the state and the individual, emphasizing their role in preventing violations of law and order. The author distinguishes between restrictions (setting the framework for the exercise of rights) and prohibitions (completely excluding actions), analyzing them through the prism of dictionary definitions and classifications. There is a theoretical uncertainty in legal science due to the lack of clear criteria for distinguishing related categories, which complicates law enforcement.
Keywords: legal restrictions, law and order, legal prohibitions, mechanism of legal regulation, restriction of rights and freedoms.
Article bibliography
1. Alekseev S. S. Legal prohibitions in the structure of Soviet law // Jurisprudence. – 1973. – No. 5. – P. 43.
2. Bratko A. G. Prohibitions in Soviet law. – Saratov, 1979. – P. 17.
3. Malko AV Incentives and Limitations in Law (Theoretical and Informational Aspect): dis. … doctor of legal sciences. – Saratov, 1995.
4. Podmarev AA Constitutions of the Russian Federation of 1993. // Constitutional development of Russia. Interuniversity collection of scientific articles. – Saratov: Publishing house of the State Educational Institution of Higher Professional Education “Saratov State Academy of Law”, 2005. – Issue 6. – P. 127-131.
5. Rybushkin NN Implementation of prohibitive norms of Soviet public law: author’s abstract. dis. … candidate of legal sciences. – Kazan, 1986.
6. Sultygov MM Prohibition as a method of legal regulation: author’s abstract. dis. … candidate of legal sciences. jurid. sciences. – St. Petersburg, 1996.
7. Fatkullin F. N. Problems of the Theory of State and Law. – Kazan, 1987.
8. Yakovlev M. V., Nikonov D. A., Avramov S. O. Legal Culture as a Determinant of the Effective Application of Legal Incentives and Restrictions // Eurasian Law Journal. – 2024. – No. 2 (189). – pp. 100-105.
THEORY OF STATE AND LAW
OSKIN Egor Dmitrievich
postgraduate student of the 1st course, Samara State University of Economics
PETROGRADSKAYA Albina Alexandrovna
Ph.D. in Law, associate professor of Theory of law and public law disciplines sub-faculty, Samara State University of Economics
LEGAL AWARENESS AND LEGAL AWARENESS: PROBLEMS OF CORRELATION AND INTERRELATION
In the article, the author explores such important concepts as legal awareness and legal consciousness, examines how they relate to each other. Noting the fact that there is no precise definition of the concept of “legal awareness” in legal science, the author suggests exploring its essence through structural elements. In addition, the article offers recommendations designed to improve the effectiveness of legal information for citizens in the Russian Federation. The author analyzes legal consciousness through the prism of its possible deformations, such as legal nihilism, legal infantilism, legal negativism, and legal egocentrism, noting that lack of legal awareness is often the cause of some of these deformations of legal consciousness.
Keywords: legal awareness, legal consciousness, deformation of legal consciousness, legal nihilism, legal infantilism, legal negativism, legal egocentrism.
Bibliographic list of articles
1. Boer V.I. Information and legal policy of Russia. – SPb.: St. Petersburg. acad. Ministry of Internal Affairs of Russia, 1998. – 249 p.
2. Goyman V. I. Legal awareness of citizens: status, ways of improvement // Soviet state and law. – 1988. – No. 9. – P. 30-40.
3. Lazareva A. S., Goncharov A. A. On the issue of the concept and structure of legal awareness of citizens // Science Diary. – 2020. – No. 7 (43). – P. 34.
4. Malinovsky A. A. Legal egocentrism as a type of deformation of individual legal consciousness // Jurisprudence. – 2008. – No. 6. – P. 171-181.
5. Matuzov N. I. Legal nihilism as a way of life // Law and Politics. – 2012. – No. 12. – P. 2080-2089.
6. Osipov R. A. Legal awareness as a means of counteracting deformations of the individual’s legal consciousness // Bulletin of the Volgograd Academy of the Ministry of Internal Affairs of Russia. – 2018. – No. 1 (44).
7. Sokolov N. I. Legal awareness of society: essence and content // Soviet state and law. – 1981. – No. 11. – P. 39-47.
THEORY OF STATE AND LAW
SEMENOV Andrey Alexandrovich
adjunct and doctoral student at the Research Center, Military Order of Zhukov Academy of the National Guard of the Russian Federation, lieutenant colonel, St. Petersburg
THE THEORETICAL AND LEGAL ASPECT OF THE ACTIVITIES OF THE FEDERAL SERVICE OF THE NATIONAL GUARD TROOPS IN ENSURING TERRITORIAL INTEGRITY OF THE RUSSIAN FEDERATION
The article discusses the activities of the Federal Service of the National Guard Troops in ensuring the territorial integrity of the Russian Federation. This work is aimed at an in-depth study of the theoretical and legal aspects of the activities of the Federal Service of the National Guard Troops in the context of ensuring the territorial integrity of the Russian Federation. An analysis of the current regulatory legal acts regulating the activities of the Russian Guard in the field of ensuring the security of society and the state is carried out.
Keywords: Russian Guard, theoretical and legal aspect, territorial integrity, Federal Service of the National Guard of the Russian Federation.
Article bibliography
1. Federal Law “On the Troops of the National Guard of the Russian Federation” dated 03.07.2016 No. 226-FZ (as amended on 08.08.2024) (as amended and supplemented, entered into force on 20.10.2024). – Art. 2. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”: http://www.kremlin.ru/acts/bank/40960 (date of access: 01.02.2025).
2. Tasks of the National Guard Troops – Rosgvardia. [Electronic resource]. – Access mode: https://21.rosguard.gov.ru/page/index/zadachi-vojsk-nacionalnoj-gvardii (date of access: 01.02.2025).
3. Federal Law “On the Troops of the National Guard of the Russian Federation” dated 03.07.2016 No. 226-FZ (as amended on 08.08.2024) (as amended and supplemented, entered into force on 20.10.2024). [Electronic resource]. – Access mode: http://www.kremlin.ru/acts/bank/40960 (date of access: 01.02.2025).
4. Formation of plans and performance indicators of the Russian National Guard. [Electronic resource]. – Access mode: https://sudact.ru/law/prikaz-rosgvardii-ot-07112019-n-373-ob/prilozhenie/ii/formirovanie-planov-i-pokazatelei-deiatelnosti/ (date of access: 01.02.2025).
5. On approval of the Regulations of the Federal Service of the National Guard Troops of the Russian Federation. [Electronic resource]. – Access mode: https://docs.cntd.ru/document/563862664/titles/7eg0kj (date of access: 02.02.2025).
6. Zolotov V. Spoke about the development prospects of the Russian National Guard. [Electronic resource]. – Access mode: http://council.gov.ru/events/news/85071/ (date of access: 03.02.2025).
7. National Defense / Main topic / The Russian National Guard is watching. [Electronic resource]. – Access mode: https://2009-2020.oborona.ru/includes/periodics/maintheme/2018/0327/162923746/detail.shtml (date of access: 02.02.2025).
8. Presentation film “The Russian National Guard. History. Tasks…”. [Electronic resource]. – Access mode: https://rosguard.gov.ru/page/index/prezentacionnyj-film-rosgvardiya-istoriya-zadachi-perspektivy (date of access: 03.02.2025).
9. The Russian Guard may be granted new powers. [Electronic resource]. – Access mode: http://duma.gov.ru/news/56209/ (access date: 02/03/2025).
THEORY OF STATE AND LAW
SOLTANI Bahrehmand Somayyeh
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
CRITIQUES AND CHALLENGES TO THE INTERSECTION OF LAW AND POLITICS
This article studies the intricate relationship between politics and the law, looking at how judicialization affects governance and how legal systems change in response to political pressure. It challenges the notion that political forces do not influence the rule of law, contending that larger political, economic, and social variables frequently impact court rulings. Important topics covered in the discussion include the influence of special interest organizations, the politicization of legal decision-making, and judicial independence. Through an analysis of judicial responsibility, the rule of law, and democratic ideals, the article identifies obstacles in sustaining a fair and impartial judiciary. It further explores the function of courts as theaters for policy discussions, where legal interpretations can be strategically employed to achieve political goals. In the end, the paper makes the case that maintaining the integrity of legal institutions needs promoting judicial ethics, openness, and public trust, even when the intersection of politics and law cannot be avoided.
Keywords: Judicial Independence, Law-Politics, Judicial Accountability, Democratic Principles, Judicial Ethics.
References
1. Almond Paul, van Erp, Judith. Regulation and governance versus criminology: Disciplinary divides, intersections, and opportunities // Regulation & Governance. – 2020. – DOI: https://doi.org/10.1111/rego.12202.
2. Mahfud, Mahfud, Yudiana, I. Kadek, Sariyanto, Sariyanto. History of Banyuwangi Kaliklatak Plantation and Its Impact on Surrounding Communities // International Journal of Educational Review, Law And Social Sciences (IJERLAS). – 2023. – Vol. 3, No. 1. – Рp. 91-104. – DOI: https://doi.org/10.54443/ijerlas.v3i1.492.
3. Khaskheli M. B., Wang Shumin, Hussain, Rana Yassir, Butt, M. Jahanzeb, Yan, XiaoShan, Majid, Sara. Global law, policy, and governance for effective prevention and control of COVID-19: A comparative analysis of the law and policy of Pakistan, China, and Russia // Frontiers in Public Health. – 2023. – Vol. 10. – Article ID: 1035536. – DOI: https://doi.org/10.3389/fpubh.2022.1035536.
4. Henkin Louis. International law: politics and values. – Vol. 18. – M. Nijhoff, 2023.
5. Geyh Charles Gardner. Judicial Independence at Twilight // Case W. Res. L. Review. – 2020. – R. 1045. – [Electronic resource]. – Access mode: https://scholarlycommons.law.case.edu/caselrev/vol71/iss3/5.
6. Huq Aziz Z. Why judicial independence fails // Northwestern University Law Review. – 2020. – Vol. 115. – Рp. 1055-2021.
7. Hodge Lord. The scope of judicial law-making in the common law tradition // Rabels Zeitschrift für ausländisches und internationales Privatrecht / The Rabel Journal of Comparative and International Private Law. – 2020. – No. 2. – Рp. 211-227. – DOI: https://api.semanticscholar.org/CorpusID:216270449.
8. Lenaerts Koen. New Horizons for the Rule of Law within the EU // German Law Journal. – 2020. – DOI: 10.1017/glj.2019.91.
9. Smith B. C. Judges and Democratization: Judicial Independence in New Democracies. – 2022. – DOI: https://doi.org/10.4324/9781003334613.
10. Bavbek, N. Yasemin, Korhonen, Juho Topias. A Country of White Lilies: Inter-Imperial Nation-Making and Development from the Russian Empire’s Periphery to Post-Ottoman Turkey // Comparative Studies in Society and History. – 2024. – Рp. 1-26. – DOI: 10.1017/S0010417523000506.
11. Pistor-Hatam, Anja. Iran und die Reformbewegung im Osmanischen Reich. – 2021. – DOI: https://doi.org/10.1515/9783112401040.
12. Rappaport, John. Some Doubts About Democratizing Criminal Justice // The University of Chicago Law Review. – 2020. – [Electronic resource]. – Access mode: https://chicagounbound.uchicago.edu/uclrev/vol87/iss3/2.
13. Cavallini, Cesare, Gaboardi, Marcello. Rights vs. Remedies: Towards a Global Model // UC Davis J. Int’l L. & Pol’y. – 2021.
14. Koskimaa, Vesa, Rapeli, Lauri, Hiedanpää, Juha. Governing through strategies: How does Finland sustain a future-oriented environmental policy for the long term? // Futures. – 2021. – DOI: 10.1016/j.futures.2020.102667.
15. Butković, Hrvoje, Czarzasty, Jan, Mrozowicki, Adam. Gains and pitfalls of coalitions: Societal resources as sources of trade union power in Croatia and Poland // European Journal of Industrial Relations. – 2023. – Vol. 29, No. 1. – Рp. 43-61. – DOI: https://doi.org/10.1177/09596801221138.
16. Klabbers, Jan. International law. – 3rd ed. – Cambridge: Cambridge University Press, 2020.
17. Rappaport, John. Some Doubts About Democratizing Criminal Justice // The University of Chicago Law Review. – 2020. – [Electronic resource]. – Access mode: https://chicagounbound.uchicago.edu/uclrev/vol87/iss3/2.
18. Khanderia, Saloni, Peari, Sagi. Party autonomy in the choice of law under Indian and Australian private international law: some reciprocal lessons // Commonwealth Law Bulletin. – 2020. – DOI: 10.1080/03050718.2020.1804420.
19. Huchhanavar, Shivaraj S. Conceptualizing judicial independence and Accountability from a regulatory perspective // Oslo Law Review. – 2023. – DOI: https://doi.org/10.18261/olr.9.2.3.
20. Murphy, Kevin. Performance evaluation will not die, but it should // Human Resource Management Journal. – 2020. – DOI: 10.1111/1748-8583.12259.
21. Garoupa, Nuno, Magalhães, Pedro C. Public trust in the European legal systems: independence, accountability and awareness // West European Politics. – 2020. – DOI: 10.1080/01402382.2020.1715605.
22. Breyer, Stephen. The Authority of the Court and the Peril of Politics. – 2021.
23. Rappaport, John. Some Doubts About Democratizing Criminal Justice // The University of Chicago Law Review. – 2020. – [Electronic resource]. – Access mode: https://chicagounbound.uchicago.edu/uclrev/vol87/iss3/2.
24. Walker, Justin. The Kavanaugh Court and the Schechter-to-Chevron Spectrum: How the New Supreme Court Will Make the Administrative State More Democratically Accountable // Ind. L.J. – 2020. – [Electronic resource]. – Access mode: https://www.repository.law.indiana.edu/ilj/vol95/iss3/7.
25. Kosimov, Botirjon. Constitutional Elements of Judicial Independence: Are They Enough in the Constitution of Uzbekistan? // Society and innovation. – 2022. – Vol. 3. –Pp. 205-212. – DOI: https://doi.org/10.47689/2181-1415-vol3-iss10/S-pp205-212.
26. Geyh, Charles Gardner. Judicial Independence at Twilight // Case W. Res. L. Review. – 2020. – R. 1045. – [Electronic resource]. – Access mode: https://scholarlycommons.law.case.edu/caselrev/vol71/iss3/5.
27. Silbey Susan S., Ewick Patricia. The Common Place of Law: Stories from Everyday Life. – Chicago: University of Chicago Press, 1998.
28. Belle Anirudh. Adopting weak-form review in India: An invitation to a new constitutionalism // Indian Journal of Constitutional Law. – 2020. – Vol. 9. – Рp. 126-143. – [Electronic resource]. – Access mode: https://pure.jgu.edu.in/id/eprint/1901.
29. Rachmadtullah, Reza, Syofyan, Harlinda, Rasmitadila, Rasmitadila. The role of civic education teachers in implementing multicultural education in elementary school students // Universal Journal of Educational Research. – 2020. – DOI: 10.13189/ujer.2020.080225.
30. Breyer, Stephen G., Stewart, Richard B., Sunstein, Cass R., Vermeule, Adrian, Herz, Michael E. Administrative Law and Regulatory Policy: Problems, Text, and Cases. – Aspen Publishing, 2022.
THEORY OF STATE AND LAW
STRAKHOV Igor Andreevich
competitor of academic degree of Fundamental jurisprudence and international law sub-faculty, G. B. Mirzoev Russian University of Advocacy and Notary
E-GOVERNMENT AS A TYPE OF MODERN STATE
In this article, we have tried to identify the existing approaches in legal science to the typology of the “electronic state” (e-government). In today’s scientific and educational literature, there is a classification of the “electronic state” mainly of regional models. However, this approach does not exhaust the list of author’s views on the typology of this type of state. The problem, in our opinion, lies not only in the limited classification criteria and unsystematic ideas about the “electronic state”, but also in its very essence, the emergence of new, previously non-existent types. Despite the common and largely identical ideas and criteria of researchers, modern science, nevertheless, considers much more diverse types of “electronic state” in its problem field than can be seen in the current superficial scientific discourse. It seems that each author sees in his classification certain criteria and key factors by which he performs his classification. At the same time, there are atypical forms and types of “e-government” that may not coincide with traditional concepts, and which, in our opinion, may be very interesting and relevant. In our article, as a result of a comprehensive generalization of the scientific literature, we tried to systematize the criteria and approaches existing in science to this new social phenomenon.
Keywords: typology of the “electronic state”, civilization, typical and atypical approaches, information and communication technologies.
Article bibliography
1. Azizov R. F. Electronic government as an element of the electronic state // Scientific works of the Russian Academy of Advocacy and Notary. – 2014. – No. 4. (35). – P. 22-27.
2. Afanasyev V. G. Systematicity and society. – Moscow: Politizdat, 1980. – 368 p.
3. Barakina E. Yu. On the issue of establishing the legal regime of digital technologies in the context of the transition to a data economy // Journal “Theories of State and Law”. – 2024. – No. 3-2 (40). – P. 13-23.
4. Bartsits I. N. Constitutional right to good (effective) governance: criteria, indicators, assessments // Constitutional and municipal law. – 2013. – No. 11. – P. 64-71.
5. Bodrunov S. D. Noonomics: the trajectory of global transformation: monograph. – M.: INIR; Cultural revolution, 2020. – 224 p.
6. Vlasenko N. A. The modern Russian state. Essays. – M.: Norma-M, 2023. – 152 p.
7. Durkheim E. Sociology. Its subject, method, purpose / Transl. from French, compiled, afterword and notes by A. B. Goffman. – M .: Kanon, 1995 .– 352 p.
8. Kiselev A. S. Modern theoretical approaches to the concept of an electronic state // Actual problems of Russian law. – 2018 .– No. 6 (91). – P. 32-39.
9. Making government work: Electronic Delivery of Federal Services. Washington, DC: U.S. Government Printing Office, September 1993 .– [Electronic resource]. – Access mode: http://www.fas.org/ota/reports/9333.pdf (date of access: 05/21/2017).
10. Nerone J. C. Last Rights. Revision of Four Theories of the Press. – Urbana: University of Illinois Press, 1995. – P. 151.
11. Heeks R. Failure, Success and Improvisation of Information Systems Projects in Developing Countries // Development Informatics. Working Paper Series. – No. 11. – January 2002. – P. 1-4. – [Electronic resource]. – Access mode: http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan0122 92.pdf (Accessed: 21.05.2017).
12. Ponkin I. V. The concept of “electronic state” within the framework of the new public administration system // Bulletin of the People’s Friendship University of Russia named after P. Lumumba. Series “Legal Sciences”. – 2013. – No. 4. – P. 52-58.
13. Ponkin I. V., Lapteva A. I. Law and digital: Machine-readable law, digital twin models, digital formalization and digital onto-engineering in law: Textbook. – M .: Buki Vedi, 2021. – 174 p.
14. Law of the twentieth century: Ideas and values: Collection of reviews and abstracts / Responsible. ed. Pivovarov Yu. S. – M., 2001. – 328 p.
15. Reshetnyak V. I., Smagina E. S. Information technologies in civil proceedings: Russian and foreign experience: textbook. manual. – M.: Gorodets, 2017. – 302 p.
HISTORY OF THE STATE AND LAW
SERKEROV Samur Elmirovich
Ph.D. in Law, Head of Legal disciplines and teaching methods sub-faculty, Faculty of Management and Law, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
ABDULMUTALIMOVA Zamira Magomedovna
Ph.D. in political sciences, associate professor of Legal disciplines and teaching methods sub-faculty, Faculty of Management and Law, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
KURBANOV Gasan Seifudinovich
postgraduate student of Legal disciplines and teaching methods sub-faculty, Faculty of Management and Law, R. Gamzatov Dagestan State Pedagogical University, Makhachkala
THE LEGAL FRAMEWORK FOR COMBATING CORRUPTION IN THE XVII-XVIII CENTURIES
Corruption, as a social phenomenon, has existed at all times and has played a significant role in the history of various countries, including Russia. In the XVII-XVIII centuries, when the Russian state went through many changes, including governance reforms, the legal framework for combating corruption began to take shape gradually. The authors note that the legal framework for combating corruption in Russia in the 17th-18th centuries was formed in a difficult internal political situation and emphasize that starting with Peter I and ending with Catherine II, Russian rulers sought to create an effective mechanism for monitoring the behavior of officials, which became a pioneering step in the fight against corruption, which remains relevant today. The development of the legal framework at this stage was an important step towards a more efficient and equitable system of public administration in the future.
Keywords: corruption, reforms, fight against corruption, decrees, legal acts.
Article bibliography
1. Chistyakov O. I., Novitskaya T. E., Dyukov L. V. History of the domestic state and law. In 2 parts. Part 1. Textbook. – 5th ed. – M.: Yurait, 2011. – P. 23.
2. Ageeva E. A. Legal liability in public administration: (social and legal aspect). – SPb.: LSU, 2008. – P. 125.
HISTORY OF THE STATE AND LAW
FURMAN Felix Pavlovich
Ph.D. in philosophical sciences, professor of Social sciences sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and Public Administration under the President of the Russian federation, St. Petersburg
MIKHAIL BAKUNIN’S POLITICAL IDEOLOGY AND VIEWS
This article analyzes the relevance of Mikhail Bakunin’s political and legal legacy in the context of contemporary social and international challenges. The relevance of this study is due to the fact that many of the problems facing the modern world have deep historical roots and show a clear similarity to the conflicts of the second half of the 19th century, during the life and active work of Mikhail Bakunin. The study provides a detailed analysis of the stages of the formation of Bakunin’s worldview, his critical attitude towards the state and its institutions, as well as his concept of social organization based on the principles of self-government and federalism. It is determined that Bakunin’s political and legal concept, despite its historical conditioning, contains a number of ideas that remain relevant in contemporary political and legal discourse. The conclusion is drawn that Bakunin’s model of state structure, based on the principles of self-government and federalism, can serve as a source of inspiration for the development of new political projects aimed at creating a more just and democratic society.
Keywords: Mikhail Bakunin, anarchism, political ideology, social revolution, Bakunin’s theory, revolutionary movement.
Article bibliography
1. Arefyev M. A., Davydenkova A. G. Atheism of Karl Marx and anti-theologism of M. A. Bakunin: general and special // Acta Eruditorum. – 2020. – No. 35. – P.10-13.
2. BakuninM. A. Selected Works. With a biographical essay by V. Cherkezov. – Publisher: “Media” – 320 p.
3. Bakunin M. A. Selected Works. Petersburg, Moscow. – T. 4: Politics of the International. Sleepers. Comprehensive education. Organization of the International. Letters on patriotism. Letters to a Frenchman. The Paris Commune and the concept of statehood – Publisher: “Voice of Labor”, 1920. – 267 p.
4. Bulanova M. B. Social contract: pro et contra M. Bakunin // Bulletin of the Russian State University for the Humanities. – 2023. – No. 3. – P.184-192.
5. Ivannikov I. A. Anarchist teachings of M. A. Bakunin and modernity (on the 210th anniversary of the thinker’s birth) // Legal Bulletin . – 2024. – No. 2. – P.9-17.
6. Lutsevich L. F. The First Slavic Congress in the Confession of Mikhail Bakunin // Russian Humanitarian Journal. – 2013. – Vol. 2, No. 4. – P.323-331.
7. Poiminov N. M. Features of the perception of the doctrine of Pan-Slavism in the radical legal thought of Russia // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – 2023. – T.9, No. 3. – P. 128-134.
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 THE ESTONIAN OBER-LANDGERICHT ON THE BASIS OF SOURCES OF PARTICULAR LAW DURING ITS INCORPORATION INTO THE RUSSIAN EMPIRE
The article discusses the problems of legislative consolidation of public authorities of the Estonian province when joining Russia. At the time of joining the Russian Empire, Estland had a state administrative apparatus that conducted legal proceedings on the basis of Danish and Swedish legislation.
Keywords: provincial institutions of Estonia, sources of law, acts of agreement, charter, rights of estates, privileges.
Article bibliography
1. Krasnyakov N. I. Imperial factor in public administration of Russia of the 18th – early 20th centuries. – M., 2011.
2. History of Russian foreign policy. 18th century. – M.: International relations, 1998.
3. History of Russian foreign policy (late 15th – 17th century). – M., 1999.
4. Speransky M. M. Review of historical information on the code of laws: Comp. of acts stored in the 2nd Department of the Own. e. in. chancery. – SPb.: type. 2-go Otdel-niya Sobstven. e. i. v. chancery, 1833. – 200, VII: 21.
5. Review of historical information that served to compile a code of local laws of the Baltic provinces (1158-1858). – SPb.: DirectMedia, 2013. – 223 p.
6. Treaty concluded at the congress in Nystat by authorized ministers: with the Russian General Feldzeugmeister Count Bruce and chancery adviser Osterman, and from the Swedish side Lilienstein and Baron Stremfelt “On eternal peace between both states.” August 30, 1721 // PSRI-1. – V. 6. – No. 3819.
7. Capitulation concluded between the Swedish Vice-Governor, Major General Patkul and the Russian Lieutenant General Bauer “On the surrender of the city of Reval and the fortress to Russian arms. September 29, 1710 // PSZRI-1. – V. 4. – No. 2297.
8. Agreements made at the headquarters of Garke between the gentry and the zemstvo of the Duchy of Estland and the Russian Lieutenant General Bauer “On granting the inhabitants of this duchy their previous privileges and advantages, both in terms of their religion and their other rights.” September 29, 1710 // PSZRI-1. – T. 4. – No. 2299.
HISTORY OF STATE AND LAW
DRYAEV Georgiy Borisovich
postgraduate student of State and law theory sub-faculty, O. E. Kutafin Moscow State Law University
SYNTHESIS OF INTERDISCIPLINARY SCIENTIFIC APPROACH WITH STATE-LEGAL IDEAS OF D. I. MENDELEEV
D. I. Mendeleev emphasized in his works the necessity of expanding interdisciplinary relations of legal science and its going beyond the socio-cultural context, in which state-legal ideas are most often studied. This article identifies some promising directions of interdisciplinary research of scientific and technological progress and state-legal regulation. In the process of researching the issue of influence of D. I. Mendeleev’s scientific activity on further development of the Russian statehood the logical and historical methods, as well as their combination were used. Having studied his views on public administration and legislation, it can be seen that they are permeated with the idea of applying a scientific approach to the solution of social and legal issues. This concept makes his personality unique in the context of Russian history and culture.
Keywords: state policy, foreign experience, education, science, interdisciplinary relations.
Bibliographic list of articles
1. Gurvich G. Ts. Economic views of D. I. Mendeleyev. – Minsk: Publishing house of the Academy of Sciences of the Byelorussian SSR, 1951.
2. Mendeleyev D. I. Cherished thoughts. – M., 2022.
3. Mendeleyev D. I. Towards knowledge of Russia. – M., 2022.
4. Mendeleyev D. I. Notes on public education in Russia, 1901.
5. Mendeleyev D. I. With thoughts about the Russian good. – Novosibirsk, 1991.
CONSTITUTIONAL LAW
ALIEVA Zulfiya Ibragimovna
associate professor of Constitutional and municipal law sub-faculty, Institute of Law, Dagestan State University, Makhachkala
TEMIRKHANOVA Malika Rashidkhanovna
magister student of the 2nd course, Institute of Law, Dagestan State University, Makhachkala
DIGITAL TECHNOLOGIES AS A TOOL FOR COMBATING CORRUPTION: OPPORTUNITIES AND PROSPECTS
The article examines the role of digital technologies as a tool for combating corruption, as well as the possibilities and prospects of their use in this area. Various digital mechanisms and tools are analyzed, such as electronic tenders, blockchain, process automation systems that can significantly reduce corruption risks and increase the transparency of the work of government agencies. In our work we use the following methods: system analysis, legal analysis, synthesis method. The main results of the work confirm that digitalization is a powerful tool for automating administrative procedures and preventing corruption offenses. The article highlights the importance of an integrated approach to the implementation of anti-corruption digital initiatives.
Keywords: digital technologies, anti-corruption, legislation, public administration, corruption risks, government agencies.
Article bibliography
1. Karapunaly A. M., Mayakunov A. E. Digital technologies as a tool for combating corruption // Current issues in the fight against crime. – 2023. – No. 1. – P. 31-34.
2. Karachina N. O. Corruption risks // Legal technique. – 2019. – No. 13. – P. 685-687.
3. Kurganova M. V. Popularization of electronic government services in the Russian Federation // International research journal. – 2021. – No. 7 (109). – Part 3. – P. 106-109.
4. Mamitova M. V., Akhmatova D. R. Use of digital economy tools in the context of minimizing corruption risks and forming anti-corruption consciousness // Bulletin of the Plekhanov Russian University of Economics. – 2018. – No. 5 (101). – P. 3-10.
5. On the National Anti-Corruption Plan for 2021-2024: Decree of the President of the Russian Federation of August 16, 2021 No. 478. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
6. Rasulaev A., Ismoilov B. Organizational and legal aspects of the use of digital technologies in combating corruption: foreign experience of law enforcement practice // Society and Innovation. – 2020. – No. 2. – P. 300-320.
7. Sokolov M. S. Prevention and warning of corruption through digital and information technologies // Law and order: history, theory, practice. – 2023. – No. 4 (39). – P. 184-192.
8. Chuiko A. V., Vasilchenko D. S., Rudenko K. S., Belova A. V., Polushkovsky B. V. Legal and technical problems of interdepartmental interaction of public authorities in real estate registration // Moscow Economic Journal. – 2023. – No. 1. – P. 32-44.
CONSTITUTIONAL LAW
GRISHKO Lyudmila Evgenjevna
Ph.D. in Law, Associate Professor
PRYS Irina Evgenjevna
Ph.D. in Law, associate professor of Theory of state and law, international and European law sub-faculty, Academy of the FPS of Russia
CONSTITUTIONAL AND LEGAL PROTECTION OF YOUTH FROM THE INFLUENCE OF CRIMINAL SUBCULTURE: CRIMINAL LAW AND PENAL ENFORCEMENT ASPECTS
The article discusses the issues of criminal subculture affecting youth, the mechanism of implementation of constitutional and legal norms, ways and means of preventing negative influence on youth, issues related to the need for moral and patriotic education of minors. The problems of the spread of criminal subculture in conditions of imprisonment, countering the formation of criminal subculture among young people by criminal law and penal enforcement means are outlined.
Keywords: constitutional protection, subculture, youth, post-penitentiary, probation, rights, freedoms, antisocial activity, misconduct, spiritual and moral values, resocialization.
Article bibliography
1. Kutyakin S. A. “Thieves in law” and their satellites through the eyes of employees of the penal system of Russia (experience of a sociological study) // Man: crime and punishment. – 2022. – No. 3.
CONSTITUTIONAL LAW
RUZAVINA Evgeniya Yurjevna
Ph.D. in Law, associate professor, East Siberian branch, V. M. Lebedev Russian State University of Justice, Irkutsk
BONDARENKO Veronika Vyacheslavovna
student, East Siberian branch, V. M. Lebedev Russian State University of Justice, Irkutsk
CORRUPTION AND THE SOCIO-ECONOMIC SITUATION OF THE STATE: ANALYSIS AND PROSPECTS
The article examines the relationship between corruption and the socio-economic situation of the state. As a result, it is concluded that corruption is a complex social problem, the fight against which requires the consolidation of both legal and socio-economic measures on the part of state and public organizations. A conclusion is made about the need to combat both the manifestations of corruption and the causes of corruption.
Keywords: corruption, fight against corruption, determinants of corruption, corruption manifestations, bribery, anti-corruption policy.
Article bibliography
1. Afonin A. A., Kakadiy I. I. Anti-corruption policy in Russia: current state and development vector // Bulletin of science and practice. – 2022. – No. 7. – P. 470-478.
2. Barinov S. A., Ivliev A. V. Civil society and corruption: role and problems // Agrarian and land law. – 2023. – No. 3 (219). – P. 167-170.
3. Vetrik A. Yu. Are there any prospects for anti-corruption policy with its modern subject composition? // Law and Right. – 2020. – No. 8. – P. 88-94.
4. Gorbatov G. A. Digitalization in government activities and its role in combating corruption // Economy and Society. – 2019. – No. 9 (64). – P. 85-89.
5. Gribakina E. N. Diversity of corruption forms // Kant. – 2022. – No. 2 (43). – P. 102-110.
6. Eremin R. V. On measures to combat corruption // Scientific Bulletin of the Orel Law Institute of the Ministry of Internal Affairs of Russia named after V. V. Lukyanov. – 2023. – No. 2 (95). – P. 1-7.
7. Zhurkina O. V. Specialized anti-corruption courts: comparative legal analysis // BGZh. – 2020. – No. 4 (33). – P. 353-355.
8. Kasyanova A. N. The level of perception of corruption in Russia in 2020 // Bulletin of science. – 2021. – No. 5 (38). – P. 71-76.
9. Klimovitsky S. V., Karepova S. G. Institutional measures to combat corruption // Humanitarian, socio-economic and social sciences. – 2017. – No. 8-9. – P. 1-13.
10. Komov S. A. On the Impact of Corruption on the Economy // Problems of Economics and Legal Practice. – 2017. – No. 2. – P. 191-194.
11. Osmanov M. M., Shogenov Z. A. The Impact of Corruption on the State Apparatus and Civil Society in Modern Russia // Education and Law. 2022. – No. 1. – P. 24-26.
CONSTITUTIONAL LAW
SAMUSEVICH Alexey Gennadjevich
Ph.D. in Law, associate professor, associate professor of Jurisprudence sub-faculty, Irkutsk National Research Technical University
Brueva Anastasiya Evgenjevna
student of the 2nd course in the field of “Jurisprudence”, Irkutsk National Research Technical University
LIKHANOV Mikhail Sergeevich
student of the 2nd course in the field of “Jurisprudence”, Irkutsk National Research Technical University
CONSTITUTIONAL AND LEGAL BASIS OF LAW ENFORCEMENT IN THE MINING SPHERE IN RUSSIA
The article examines the problems of regulating illegal “gray” mining and characterizes it from the perspective of violating the constitutional rights of citizens of the Russian Federation. Special attention is paid to the legal regulation of mining in Russia and the turnover of digital currencies. The existing problems related to citizens’ rights to electricity as a resource are outlined, based on some provisions of the Constitution of the Russian Federation and the activities of miners as the main factor in the violation of these rights.
Keywords: electricity, energy space, “gray” mining, digital currency, cryptocurrency.
Article bibliography
1. Dukhno N.A. Problems of the content of environmental law and natural resource law // Agrarian and land law. – 2006. – No. 7. – P. 4-7.
2. Illegal cryptocurrency mining: superprofits at the expense of bona fide consumers // Energy expert. – 2022. – No. 4 (84). – P. 12-13.
3. Power engineers have identified more than 7.6 thousand “gray” miners in the Irkutsk region / Official website of “Interfax-Russia”. [Electronic resource]. – Access mode: https://www.interfax-russia.ru/siberia/news/energetiki-vyyavili-bolee-7-6-tys-seryh-maynerov-v-irkutskoy-oblasti (date of access: 01/22/2025).
CONSTITUTIONAL LAW
STARSHOVA Ulyana Alexandrovna
Ph.D. in Law, associate professor of Professor I. E. Farber and Professor V. T. Kabyshev Constitutional Law sub-faculty, Saratov State Law Academy, associate professor of Social relations, advertising and public relations sub-faculty, Moscow Technical University of Communications and Informatics (MTUCI)
ON THE QUESTION OF THE DOCTRINE OF THE RUSSIAN WELFARE STATE
The article examines the issues of the phenomenon of the welfare state, which presupposes the existence of the doctrine of the welfare state in Russia. The role of the doctrine lies in the fact that it determines the patterns of development of law, forms its appearance and content, develops legal terminology, and provides assistance in the interpretation of normative legal acts. All the ideas and values of the Russian welfare state and their implementation are reflected in the modern legal doctrine of the welfare state, which is a special type of doctrine in the structure of constitutional law.
Keywords: constitutional law, welfare state, doctrine, legal doctrine, Russian Federation.
Article bibliography
1. Anners E. History of European law: trans. from Swedish. – Moscow: Nauka, 1996. – Page 264.
2. Barak A. Judicial discretion: trans. from English. – Moscow: Norma, 1999. – Page 3.
3. Bystrova A. S. Speech organization of the text of planning documents in the sphere of education and culture: dis. … Cand. of Philology: 10.02.01. – Volgograd, 2019. – P. 37.
4. Vestov F. A., Fast O. F. Certain aspects of political ideas implemented in a legal and social state // Basis. – 2022. – No. 1 (11). – P. 18-24.
5. Gavrilov V. V. Theory of transformation and implementation of forms of international law in the domestic legal doctrine // Moscow Journal of International Law. – 2001. – No. 2. – P. 39.
6. Gongalo B. M. Objective and subjective in legal doctrine // Actual problems of Russian law. – 2015. – No. 4. – P. 42-46.
7. Danilov S. Yu. Economic direction in foreign constitutional and legal doctrine // Law. Journal of the Higher School of Economics. – 2009. – No. 3. – P. 14.
8. Dzhmil I. A. Social state: evolution of the concept // Bulletin of the Belarusian State University. – 2007. – No. 1. – P. 77-78.
9. Pavlikov S. G. Constitutional doctrine of the rule of law // Constitutional and municipal law. – 2014. – No. 7. – P. 10.
10. Popova A. V. Russian neoliberal political and legal doctrine of the late XIX – early XX centuries. On the role of the judge in the formation of the social rule of law // Rule of law: theory and practice. – 2015. – No. 3 (41). – P. 12.
11. Khalmetov A. I. The concept of doctrine and doctrinal sources in Russian law // Science. Society. State. – 2020. – No. 3 (31). – P. 108.
12. Sheppel K. L. The New Hungarian Constitutional Court // Constitutional Law: East European Review. – 2000. – No. 1. – P. 21.
13. Kavanagh A. Constitutional review under the UK human rights Act. United Kingdom, Cambridge: Cambridge University Press, 2009. – P. 326.
CONSTITUTIONAL LAW
KUZNETSOVA Elena Vyacheslavovna
Ph.D. in historical sciences, lecturer of Law sub-faculty, Astrakhan State Technical University
MODERN REALITIES IN LAW ENFORCEMENT
The article examines the norms of legislation that enshrine human rights and the procedure for their protection. Human and civil rights and freedoms – the cornerstone of Russia’s national security. They are of the highest importance, being an integral part of the system of constitutional values. The guarantee and protection of these rights is one of the most important priorities of the national security of the State. Moreover, the state of human rights and freedoms serves as an important indicator of the stability of the state and the effectiveness of its authorities. The protection of civil rights reflects the achieved level of national security at a particular stage of the development of society and the state. In a democratic society, where human rights are an integral part of public policy, social harmony is ensured, conflicts and unrest are prevented. On the contrary, ignoring or infringing on the rights of citizens leads to instability and threatens national security. The Russian State takes all necessary measures to guarantee and protect human and civil rights and freedoms.
Keywords: rights, freedom, justice, citizen, justice, Supreme Court, Constitutional Court, judicial system, Constitution, individual, person, civil society, state power, legal culture, laws, legal system, legal doctrine.
Article bibliography
1. Chervyakov A. L. Complaint about violation of constitutional rights and freedoms as a special form of citizens’ appeal to the Constitutional Court of the Russian Federation // Questions of Law. – No. 2 (April-June). – 2023. – P. 23-26.
2. Criminal Code of the Russian Federationof 13.06.1996 No. 63-FZ (as amended on 30.11.2024).
3. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020).
4. Stremoukhov A. V., Stremoukhov A. A. Prehistory of Human Rights and the Formation of the Concept of Human Rights in the Ancient World // Leningrad Law Journal. – 2017. – No. 2 (48).
ADMINISTRATIVE LAW
AKSENOV Ilya Sergeevich
Ph.D. in Law, lawyer
HOME WORK AND REMOTE WORK: COMPARATIVE LEGAL ANALYSIS
The article examines the similarities and differences in the legal regulation of home work and remote work, and analyzes the advantages and disadvantages of each of the considered forms of employment. The study used dialectical, logical, normative and formal-legal methods of scientific research. The purpose of the study is to identify the possibility of integrating a number of positive features of regulating remote work into the organization of homeworkers’ work in order to increase its competitiveness. The result of the study is the author’s proposals for supplementing the employment contract with the homeworker with clauses that can positively affect a number of key aspects of his work activity.
Keywords: home work, remote work, remote work, employment contract, control, employer.
Article bibliography
1. Borodina E.N. Concept and legislation on home work // Education and Law. – 2018. – No. 4. – P. 107-112.
2. Borodina E.N. Legal regulation of home and remote work in the Russian Federation // Bulletin of VSU. – 2018. – No. 4. – P. 270-282.
3. Vasilyeva Yu. V., Shuraleva S. V., Braun E. A. Legal regulation of remote work: problems of theory and practice: monograph / Scientific. ed. Yu. V. Vasilyeva; Perm. state. national research. univ. – Perm, 2016. – 128 p.
4. Vorobyova O. A., Sharafutdinov I. R. Home-based and remote workers: comparative legal aspect // Humanitarian Balkan studies. – 2017. – No. 1. – P. 44-46.
5. Zakalyuzhnaya N. V. Remote work and similar legal relations // Law. Journal of the Higher School of Economics. – 2015. – No. 2. – P. 76-91.
6. Markova O. V., Konobeeva A. B. Organizational mechanisms in managing labor relations on a remote basis // Bulletin of the Moscow Financial and Law Academy. – 2021. – No. 2. – P. 101-109.
7. Pozdnyakova E. A., Tarnavsky O. A. Performance of work by an employee outside the location of the employer: history and modernity // Education and Law. – 2021. – No. 8. – P. 297-305.
8. Potapov D. V., Potapova L. V. Problematic issues of protecting the labor rights of remote workers // The scientific heritage. – 2021. – No. 74. – P. 45-48.
9. Potapov D. V., Potapova L. V. Development of labor legislation as a factor in civil protection of labor rights of a remote worker // International Research Journal. – 2021. – No. 6 (108). – P. 102-104.
10. Chernykh N. V. The influence of atypical forms of employment on theoretical ideas about labor relations (on the example of the norms on remote work) // Actual problems of Russian law. – 2019. – No. 8 (105). – P. 108-117.
11. Chesalina O. V. Novels in the legislation on remote (remote) work: comparative legal analysis // Actual problems of Russian law. – 2021. – Vol. 16, No. 9. – P. 99–113.
12. Shalkina E. V. Legal status of home-based and remote workers: similarities and differences // SCIENCE TIME. – 2021. – No. 9 (93). – P. 14–18.
ADMINISTRATIVE LAW
GOSACHINSKAYA Anna Arturovna
master of law, Faculty of law, M. V. Lomonosov Moscow State University, Adviser to the State Civil Service of the Russian Federation, 3rd class
THE PROCEDURE FOR THE ELIMINATION OF UNAUTHORIZED WASTE DISPOSAL SITES. CURRENT LEGISLATION, EXISTING PROBLEMS AND WAYS OF SOLUTION
In this article, the author examines the procedure for the elimination of unauthorized waste disposal sites, established by legislation on the management of industrial and consumer waste. The article also contains statistical data posted on the website of the federal executive authority responsible for control and supervision of environmental protection, including in the field of municipal solid waste management. The author analyzes the current legislation, the position of the Constitutional Court of the Russian Federation, and the positions of federal executive authorities on this issue. In addition, the article analyzes the upcoming changes planned to be introduced by the draft federal law under consideration in the State Duma of the Federal Assembly of the Russian Federation.
Keywords: municipal solid waste (MSW), disposal of unauthorized waste disposal sites, regional MSW management operator.
Article bibliography
1. Statistical reporting on the number of unauthorized waste dumps for 2023 // Official website of Rosprirodnadzor (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://rpn.gov.ru/open-service/analytic-data/statistic-reports/unauthorized-landfill/
2. Minus 111 landfills: “Clean Country” sums up the results of 2023. 2023 // Official website of the Ministry of Natural Resources of Russia (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://www.mnr.gov.ru/press/hottopic/minus_111_svalok_chistaya_strana_podvodit_itogi_2023_goda_/
3. Sitsevsky I. The number of illegal landfills has decreased to a record low. 2024 // Vedomosti Ecology (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://www.vedomosti.ru/ecology/esg/articles/2024/11/18/1075262-kolichestvo-nelegalnih-svalok-sokratilos
4. Federal Law “On Production and Consumption Waste” of June 24, 1998 No. 89-FZ // Collection of Legislation of the Russian Federation, 1998, No. 26, Art. 3009, No. 33, Art. 4928, 4992, 5002.
5. Resolution of the Government of the Russian Federation of November 12, 2016 No. 1156 “On the handling of municipal solid waste and amending the Resolution of the Government of the Russian Federation of August 25, 2008 No. 641” // Collected Legislation of the Russian Federation, 2016, No. 47, Art. 6640; 2018, No. 40, Art. 6122).
6. Resolution of the Constitutional Court of the Russian Federation of May 30, 2023 No. 27-P // SPS ConsultantPlus
7. The system for ensuring legislative activity of the State Automated System “Lawmaking” (SOZD GAS “Lawmaking”) // (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://sozd.duma.gov.ru/bill/751834-8
8. Regions count landfills and make plans – the mechanism for “coloring” environmental payments has started working in Russia. 2022 // Official website of the Ministry of Natural Resources of Russia (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://www.mnr.gov.ru/press/news/regiony_schitayut_svalki_i_stroyat_plany_mekhanizm_okrashivaniya_ekologicheskikh_platezhey_zarabotal/?ysclid=m7cf744hpn546018039
9. Barshev V. Construction waste is becoming the epicenter of illegal landfills. How regions are fighting this // Rossiyskaya Gazeta (date of access: February 19, 2025). [Electronic resource]. – Access mode: https://rg.ru/2024/04/19/strojmusor-stanovitsia-epicentrom-nelegalnyh-svalok-kak-s-etim-boriutsia-regiony.html?ysclid=m7cgl6c8nc920422035
10. Federal classification catalog of waste, approved by the order of Rosprirodnadzor dated May 22, 2017 No. 242 (Registered in the Ministry of Justice of Russia on June 8, 2017 No. 47008) // SPS ConsultantPlus
ADMINISTRATIVE LAW
KOVALISHINA Kseniya Viktorovna
magister student, Crimean branch, V. M. Lebedev Russian State University of Justice, Simferopol
EVSIKOVA Elena Vitaljevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty, Crimean branch, V. M. Lebedev Russian State University of Justice, Simferopol
STRENGTHENING CONTROL (SUPERVISION) IN THE FIELD OF MIGRATION AS A WAY TO COUNTERACT MIGRATION OFFENSES
In the work, the author analyzes and explores the current problems in the field of migration, as well as problems arising in the implementation of activities to counteract migration offenses. The results of the study provided specific proposals for improving regulatory regulation in the designated area, as well as recommendations for the development of integration and adaptation programs for foreign citizens and stateless persons.
Keywords: migration legal relations, migration offenses, public liability, digitalization, control and supervisory activities.
Bibliographic list of articles
1. Kovalishina K. V. On the Need to Improve Public-Law Liability for Violation of Migration Legislation // Issues of Judicial Activity and Law Enforcement in Modern Conditions: A Collection of Articles Based 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, March 15, 2024. – Simferopol: Limited Liability Company “Arial Publishing House Printing House”, 2024. – P. 107-114.
2. Evsikova E. V., Kovalishina K. V. Administrative and Legal Foundations for Ensuring Migration Security of the Russian Federation: Modern Realities and Prospects // Education and Law. – 2024. – No. 7. – P. 29-33.
3. Lebedeva E. A. Counteracting the creation of places of mass residence of foreign citizens (“enclaves”) on the territory of the Russian Federation as a task of public authorities // Laws of Russia: experience, analysis, practice. – 2024. – No. 1. – P. 26-30.
4. Kiseleva N. G. Foreign experience in implementing state control (supervision) in the field of migration // Scientific portal of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (47). – P. 113-119.
5. Polyakova N. V., Zaporozhsky N. S. Control and supervisory activities in the field of migration and ways to improve it // Public safety, legality and law and order in the III millennium. – 2019. – No. 5-3. – P. 63-66.
6. Kovalishina K. V. The problem of ensuring the rights of migrants in modern conditions // Issues of development of the state and law: theory, history and practice: a collection of scientific articles based on the materials of the All-Russian scientific and practical conference, November 23, 2023. – Simferopol: Limited Liability Company “Publishing House Printing House” Arial “, 2024. – P. 287-297.
7. Trifonova K. V. Commissioner for Migration Issuesand as a human rights institution: principles of activity and analysis of foreign experience // Scientific notes of the Crimean Federal University named after V. I. Vernadsky. – 2020. – No. 4.
ADMINISTRATIVE LAW
MAYUROV Nikolay Petrovich
Ph.D. in Law, professor, professor, St. Petersburg University of Management Technologies and Economics, Honored Lawyer of the Russian Federation
ALEXEEV Pavel Vadimovich
postgraduate student, St. Petersburg University of Management Technologies and Economics
LEGAL STATUS OF PARTICIPANTS IN VOLUNTEER FORMATIONS TAKING PART IN A SPECIAL MILITARY OPERATION: PROBLEMS AND WAYS TO SOLVE THEM
The article examines the issue of the legal status of volunteer formations and their participants. A comprehensive analysis of the benefits provided and the mechanisms of their implementation for this social group have been carried out. The history of the development of the volunteer status and volunteer formations is considered. The existing gaps in the legal regulation of this issue have been identified and their solution has been proposed, as well as the further development of the legal regulation of volunteers and volunteer formations.
Keywords: social rights, social support, volunteer formations, volunteers, special military operation, the state, the Russian Federation.
Article bibliography
1. Antipyeva N. V. Social security of military personnel (problems of legal regulation): abstract of a dissertation for the degree of Doctor of Law. – St. Petersburg, 2010. – 45 p.
2. Borisevich S. P. Volunteer movement during the Great Patriotic War // Scientific education. – 2021. – No. 3 (12). – P. 21-25.
3. Bryksin I. I. Volunteer movement during the Great Patriotic War (based on the materials of the Yaroslavl region) // Scientific dialogue. – 2015. – No. 12 (48). – P. 241-249.
4. Koloshinskaya N. V. Problems of legal regulation of the organization and activities of extermination battalions in Leningrad (1941-1944) // Scientific notes of the V. B. Bobkov St. Petersburg branch of the Russian Customs Academy. – 2020. – No. 2 (74). – P. 112-114.
5. Koryakin V. M. Social guarantees provided to participants in a special military operation: textbook and workshop. – Moscow: Rusains, 2024. – 293 p.
6. Medvedev E. Soviet volunteer formations in the Great Patriotic War: historiography of the issue // Russian history. – 2022. – No. 3. – P. 146-153.
7. Volkov S. V. Russian officer corps. – Moscow: Voenizdat, 1993. – 367 p.: ill.; 22 cm
ADMINISTRATIVE LAW
SOSNOVSKIY Dmitriy Vladimirovich
magister student, Faculty of Law, M. V. Lomonosov Moscow State University
RIGHT TO INFORMATION AS A PART OF MEDICAL WORKERS LEGAL STATUS
In this article the author proposes to consider the right to information as an element of the legal status of a medical worker. It is proposed to outline the main aspects of the right to information in connection with the exercise by a medical worker of his professional duties. In addition, the author proposes to reform the provisions of the current legislation on the circulation of medicines in terms of expanding the legal means of medical workers to obtain information about a medicinal product.
Keywords: medical worker, right to information, medication, information, inquiry.
Article bibliography
1. Shabrov R. V. Changes in the Law “On the Circulation of Medicines” // Remedium. – 2014. – No. 3 (123). – P. 4-8.
2. Putilo N. V., Volkova N. S., Morozov A. N. [et al.]. Scientific and practical commentary on the agreement on uniform principles and rules for the circulation of medicines within the Eurasian Economic Union dated December 23, 2014 (article by article) / Ed. N. V. Putilo. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2016. – 96 p.
3. Volkov A. K., Ryzhkov A. A. The Impact of European Union Law on the Regulation of National Pharmaceutical Markets of Member States // Law. Journal of the Higher School of Economics. – 2013. – No. 2. – P. 116-133.
4. Osokin A. V. Protection of a Lawyer’s Right to Receive Information on a Lawyer’s Request: Theoretical and Practical Issues // Issues of Russian Justice. – 2020. – No. 9. – P. 1242-1270.
ADMINISTRATIVE LAW
BURLAKOVA Eva-Mariya Mikhaylovna
candidate of Ph.D. in Law, M. V. Lomonosov Moscow State University, Assistant to S. N. Kotkin, Deputy of the State Duma of the Russian Federation, for work in the State Duma on a voluntary basis
ADMINISTRATIVE-LEGAL FEATURES OF THE PUBLIC ADMINISTRATION SYSTEM IN THE FIELD OF SPORTS IN THE REPUBLIC OF INDIA
Topic. The article is devoted to the study of public administration system in the field of sports in India.
Objectives. Analysis of the administrative and legal aspects of the system and structure of public administration of sports in India. Identification of the aspects of the system of sports administration, the role of the state in sports administration.
Methodology. System analysis as well as content analysis of numerous domestic and foreign sources: scientific studies, normative legal acts of India, historical retrospective was applied.
Results. The system of public administration of sports in India and the stages of its formation are analyzed; the author’s scheme of the system of sports administration in India is given; the gaps in the system of sports administration and the lack of state participation in its administration are revealed.
Conclusions. The Indian state’s involvement in the governance of sport has been without active intervention, leading to problems such as lack of transparency, inequalities in access to sport infrastructure and others. The adoption of new legislative initiatives can play an important role in addressing these issues.
Keywords: sport, sports law, sports legislation, public administration in the field of sports, India.
Article bibliography
1. Bidyut Chakrabarty and Prakash Chand Kandpal. Public administration in India // Routledge. – 2025. – 431 p.
2. Deshpande B. Sports: Governing Bodies and Regulation in India [Sport: Governing Bodies and Regulation in India] // Electronic Sports Journal. – 2015. – Vol. III, No. 1-2. – P. 78-94.
3. Dr. Mitesh Kumar. Development of Physical Education and Sports in Britain and Post-Independence India // International Journal of Physiology, Nutrition and Physical Education. – 2018. – No. 3 (2). – P. 2298-2302. [Electronic resource]. – Access mode: https://www.journalofsports.com/pdf/2018/vol3issue2/PartZ/8-1-6-286.pdf
4. Kashuro O. A. Features of administrative and legal support and implementation of public administration in the field of sports in India: Dis. … Cand. of Law: 12.00.14 / RANEPA under the President of the Russian Federation. – M., 2017. – 192 p.
5. Kashuro O. A. Public Administration in the Sphere of Sports in India / Sports Law Commission of the Association of Lawyers of Russia; National Association of Sports Lawyers of the Russian Federation. – M.: Buki Vedi, 2017. – 147 p. (Series: “Current Problems of Sports Law”. Issue 23).
6. Mangaldas Cyril Amarchand. In the review: Sports Governance and Dispute Resolution in India. 2023. [Electronic resource]. – Access mode: https://www.lexology.com/library/detail.aspx?g=37ea2e4e-17b4-4b92-9bc7-e853aa765ef1;
7. Government and Sports in the State of Kerala, India // Sports Management Journal. – 1993. – No. 7. – P. 256-262. – P. 256.
8. Ramachandran K. K. Case 12. Study of Marketing Opportunities and Results of Development of Less Popular Sports in India // Commercial Activity in Sports: Examples from International Practice / Ed. S. Chadwick and D. Arthur: Trans. from English by A. V. Samsonova / Russian International Olympic University. – M.: National Education, 2016. – 512 p. – P. 229-244. – P. 230.
ADMINISTRATIVE LAW
SHMELEV Ivan Valerjevich
Ph.D. in Law, senior lecturer of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
MANAGEMENT OF STATE-OWNED ENTERPRISES AS A MECHANISM FOR IMPLEMENTING NATIONAL PLANNING IN NAMIBIA
Government planning is traditionally correlated with the command economy. However, in relation to Namibia, the study of this management method is complicated by the presence of a mixed economy. The Constitution of Namibia identifies 6 types of property, which also affects the study.
However, the relevance of this study is primarily due to the relatively new legislation on the management of state-owned enterprises and the relationship of the latter with national planning.
Keywords: mixed-type economy, public planning, public administration, Namibia, state-owned enterprises.
Article bibliography
1. Bangladesh journal of public administration. – Volume IX. – Number I and Number 11, 2000.
2. Planning in Market Economy by mir obaidur Rahman.
3. Public enterprise by. Dr. Usman Bappi Gombe State University, Gombe State, Nigeria.
4. Shmelev I. V. Legal regulation of state planning for the development of Namibia // Eurasian Law Journal. – 2025. – No. 1.
5. Unlocking Namibia’s economic growth and opportunities in 2023.
6. Posted by Guest Contributor / Feb 9, 2023 Namibia Economist.
7. [Electronic resource]. – Access mode: https://economist.com.na/76922/columns/unlocking-namibias-economic-growth-and-opportunities-in-2023/.
8. [Electronic resource]. – Access mode: https://mfpe.gov.na/documents/76368/1328924/Classification+of+Public+Enterprises.pdf/33653e3e-8676-a420-ff2b-080a2459add1?t=1669274755541.
9. Official website of the Ministry of Finance and State Enterprises. – [Electronic resource]. – Access mode: https://mpe.gov.na/home.
MUNICIPAL LAW
ARKHIREEVA Anastasiya Sergeevna
Ph.D. in Law, associate professor of Administrative and financial law sub-faculty, I. T. Trubilin Kuban State Agrarian University
DAKHNO Elizaveta Evgenjevna
student of the 2nd course, Faculty of Law, I. T. Trubilin Kuban State Agrarian University
MUNICIPAL PROCUREMENT: PROBLEMS AND SOLUTIONS IN THE CONTEXT OF DIGITALIZATION OF PUBLIC AND MUNICIPAL ADMINISTRATION
This article will analyze the existing legislative norms governing the field of municipal procurement. This will help to identify how the current legislation meets modern requirements and challenges facing municipalities. The issue of how changes in legislation affect procurement practices and what problems arise as a result of regulatory deficiencies will also be considered.
Keywords: municipal procurement, municipal budget, municipal procurement procedure, municipal order, corruption risks, procurement processes.
Article bibliography
1. Arkhireeva A.S., Repyakh A. Municipal budget: problems and ways to increase its revenue and prevent tax offenses // Epomen. – 2021. – No. 55. – P. 290-295.
2. Budget Code of the Russian Federation of July 31, 1998 No. 145-FZ // SPS “Consultant Plus”. [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_19702/9c160b6289816821a2836c39ba92f3f4b06a2573/ (date of access: 13.01.2025).
3. Federal Law “On the contract system in the sphere of procurement of goods, works, services for meeting state and municipal needs”: dated 05.04.2013 No. 44-FZ // Collected Legislation of the Russian Federation. – 2013. – No. 49. – Art. 6078.
4. Korovina D. A., Gosteva V. P., Pavlov N. V. Influence of the effectiveness of the region’s financial policy on the economic security of the country (on the example of the Krasnodar Territory) // Trends in the development of science and education. – 2019. – No. 56-5. – P. 63-66.
5. Arkhireeva A. S., Seropole D. I. Procedure for the implementation of a municipal order // Epomen. – 2020. – No. 35. – P. 36-43.
6. Resolution of the Arbitration Court of the North Caucasus District dated April 2, 2024 No. F08-1880/2024 in case No. A32-51262/2022. [Electronic resource]. – Access mode: https://economy.krasnodar.ru/activity/kontrol-zakupok/obzory-administrativnoy-i-sudebnoy-praktiki-v-sfere-zakupok/344232.
7. Mironenko N. N., Pavlov N. V. Features of the implementation of municipal property management // Epomen. – 2022. – No. 69. – P. 212-219.
8. Dashin A. V., Pavlov N. V., Ochakovsky V. A. General theoretical issues of local government reform in the Russian Federation // Bulletin of the Chechen State University named after A. A. Kadyrov. – 2024. – No. 2 (54). – P. 126-134.
9. Leiba I. P., Pavlov N. V., Ochakovsky V. A. The budget of a municipality as a key element of the economic foundations of local self-government (municipal and legal aspect) // Humanitarian, socio-economic and social sciences. – 2019. – No. 7. – P. 94-97.
10. Avanesov G. E., Pavlov N. V. Local self-government as an element of public authority in the Russian Federation // Trends in the development of science and education. – 2024. – No. 109-7. – P. 14-16.
MUNICIPAL LAW
VLASOVA Elena Lvovna
Ph.D. in pedagogical sciences, associate professor, associate professor of Administrative law and administrative activities of internal affairs bodies sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
IGNATJEVA Irina Valentinovna
Ph.D. in economical sciences, associate professor, associate professor of General theoretical and state legal disciplines sub-faculty, East Siberian branch, Russian State University of Justice, Irkutsk
LEGAL REGULATION OF THE DEVELOPMENT OF MUNICIPAL ENTITIES AS A FACTOR IN ENSURING A DECENT LIFE FOR THE POPULATION OF MUNICIPAL ENTITIES
Modern legal regulation of municipal development in the Russian Federation is a multi-level system of regulations aimed at ensuring sustainable and comprehensive development of territories. This article examines key aspects of legal regulation that contribute to the effective management of municipalities and improve the quality of life of the population of the municipality. Particular attention is paid to issues of interaction between municipalities and government bodies at all levels.
Keywords: municipality, population, legislation, social welfare, legal regulation, local governments.
Article bibliography
1. Golovanova S. P., Borovaya E. O. Regulatory framework for the comprehensive socio-economic development of a municipality // Politics, Economics and Innovations. – 2019. – No. 3. – P. 25-29.
2. Dumbadze V. B. Sustainable economic development of municipalities: some problems of legal regulation // Modern law. – 2020. – No. 8. – P. 23-28.
3. Karasev A. T., Elkina A. V. Local government system in the Russian Federation: concept, structure // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2012. – No. 1. – P. 145-148.
4. Lyubaeva A. I. Normative and legal support of local self-government as an instrument of socio-economic development of a municipality // Northern region: science, education, culture. – 2015. – No. 1 (31). – P. 41-44.
5. Mezenina O. B., Shapovalov D. A. Development of territories of municipalities: goal, problems, proposals // Moscow Economic Journal. – 2019. – No. 3. – P. 17-25.
6. Yakovleva M. V. Legal regulation of socio-economic development of a municipality // Legal foundations for the formation and strengthening of Russian statehood: a collection of articles from the International scientific and practical conference. – 2018. – P. 93-95.
7. Yatsuk V. N. Normative-legal regulation of complex socio-economic development of a municipality // Young scientist. – 2023. – No. 47 (494). – P. 132-135.
MUNICIPAL LAW
ZINKOV Evgeniy Nikolaevich
Ph.D. in Law, associate professor, associate professor of Theory of law and public law disciplines sub-faculty, Institute of Law, Samara State University of Economics
UNTEROV Vladimir Anatoljevich
Ph.D. in Law, associate professor of Administrative and legal disciplines sub-faculty, Faculty of Law, Samara Law Institute of the FPS of Russia
LEGAL REGULATION OF THE FINANCIAL AND ECONOMIC BASIS OF LOCAL SELF-GOVERNMENT: ISSUES AND PROSPECTS FOR IMPROVEMENT
The article discusses the current problems of local finance reform. The regulatory framework of local self-government is periodically adjusted, including in the field of finance and budget regulation. The purpose of the reforms and adjustments is to improve the efficiency and quality of financial resource management at the local level, focused on achieving specific, socially significant measurable results, in accordance with the development priorities of each municipality. For the effective and productive work of the municipal administration sector, a different level of budget management is needed. This will improve the quality of life of citizens, the attractiveness of investments in the region and the development of social infrastructure in general.
Keywords: local government, municipal formation, taxes and fees, legal mechanism, taxation, municipal budget, planning, forecasting, efficiency.
Bibliographic list of articles
1. The concept of increasing the efficiency of budget expenditures in 2019-2024: Order of the Government of the Russian Federation dated 31.01.2019 No. 117-r // Official Internet portal of legal information http://www.pravo.gov.ru (date of access: 07.02.2025)
2. Trykanova S. A. Comparative analysis of the experience of local government reforms abroad in the context of the efficiency of use in the Russian Federation // State power and local self-government. – 2016. – No. 1. – P. 45-49.
3. Pravdin D. G. Legal regulation of the interaction of representative and executive bodies in a municipality in the Russian Federation // Journal of Russian Law. – 2015. – No. 12. – P. 51-55.
4. Methodological recommendations for executive bodies of the constituent entities of the Russian Federation and local governments that contribute to increasing the revenue base of the budgets of the constituent entities of the Russian Federation and municipalities dated October 31, 2018. [Electronic resource] – Access mode: http://www. https://minfin.gov.ru/ru/document/?id_4=124941-metodicheskie_rekomendatsii_organam_ispolniteln (date of access: 02/07/2025).
5. Chikhladze L. T., Ganina O. Yu. Local government bodies in the unified system of public authority in Russia: issues of theory and history // RUDN Journal of Law. – 2021. – V. 25, No. 4. – P. 750-767.
6. Beresnevich V. V. Practice and modern directions of development of the organizational basis of local self-government. – Text: direct // Young scientist. – 2018. – No. 23 (209). – P. 62-66.
7. Zhidova Yu. V.Experience of formation of local self-government in the Russian Federation on the example of the municipality “Purovsky district”. – Text: direct // Young scientist. – 2014. – No. 20 (79). – P. 267-270.
COMMERCIAL LAW
BAGRETSOV Dmitriy Nikolaevich
Ph.D. in Philological Sciences, associate professor of Foreign languages sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
MATVEEV Evgeniy Viktorovich
Ph.D. in economical sciences, associate professor, V. F. Yakovlev Ural State Law University, Yekaterinburg
MODERN BRENDING: LEGAL AND COMMUNICATION ASPECTS OF THE PENOMENON
The article is devoted to the study of modern approaches to branding in the context of the dynamic interaction of legal norms and communication strategies. In today’s world, where the market is oversaturated and competition is reaching its peak, branding acts not just as a marketing tool, but as an essential phenomenon that determines the interaction between a company and a consumer. Modern branding rethinks traditional approaches and integrates new communication strategies, becoming a powerful tool for influence and recognition. It covers a wide range of aspects, ranging from visual perception to emotional interaction, which makes it a key element of any company’s strategic development.
Developing effective branding requires a deep understanding of the target audience and the ability to speak their language, creating strong and memorable messages. In the era of information saturation, it is important to build a communication strategy that.
Keywords: brand, branding, trademark, intellectual property, Supreme Court of the Russian Federation, judicial practice, marketing, communication, communication strategy.
Article bibliography
1. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part One: text with amendments and additions as of October 31, 2024: [Adopted by the State Duma on October 21, 1994: Approved by the Federation Council on November 14, 2001]. – Moscow: Rossiyskaya Gazeta, 1994. No. 238-239, December 8, 1994. – Text: direct.
2. Buldygin S.S. The concept of the industrial revolution: from its emergence to the present day // Bulletin of the Tomsk State University. un-ta. 2017. No. 420. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/kontseptsiya-promyshlennoy-revolyutsii-ot-poyavleniya-do-nashih-dney (date of access: 02/14/2025).
3. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part Two: text with amendments and additions as of 12/13/2024: [Adopted by the State Duma on December 22, 1995]. – Moscow: Rossiyskaya Gazeta, 1995. No. 23, 02/06/1996. – Text: direct.
4. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part Three: text with amendments and additions as of 31.10.2024: [Adopted by the State Duma on 1 November 2001: Approved by the Federation Council on 14 November 2001]. – Moscow: Rossiyskaya Gazeta. No. 233, 8.11.2001. – Text: direct.
5. Russian Federation. Laws. Civil Code of the Russian Federation: Civil Code of the Russian Federation, Part Four: text with amendments and additions as of 22.07.2024: [Adopted by the State Duma on 24 November 2006: Approved by the Federation Council on 8 December 2006]. – Moscow: Rossiyskaya Gazeta, 2006. No. 289, 22.12.2006. – Text: direct.
6. Order of the Ministry of Economic Development of Russia dated September 29, 2016 No. 612 “On approval of Methodological recommendations for the design of multifunctional centers for the provision of state and municipal services using a single corporate style “My Documents”. Ministry of Economic Development of the Russian Federation: official website. [Electronic resource]. – Access mode: https://economy.gov.ru/ (date of access: 02/05/2025). – Text: electronic.
7. Resolution of the Presidium of the Intellectual Property Court dated April 15, 2015 No. S01-159 / 2015 in case No. SIP-265/2014. Intellectual Property Court of the Russian Federation: official website. [Electronic resource]. – Access mode: https://predprin.psu.ru/citat/vg/2023-sip.pdf (date of access: 05.02.2025). – Text: electronic.
8. Resolution of the Ninth Arbitration Court of June 11, 2009 No. 09 AP-8678/2009-AK. Ninth Arbitration Court: official website. [Electronic resource]. – Access mode: https://fas.gov.ru/files/26193/1_Slavanka.pdf (date of access: 05.02.2025). – Text: electronic.
9. Definition of the Supreme Court of the Russian Federation of January 11, 2023 No. 308-ES22-27844 in case No. A53-38634/2021. Supreme Court of the Russian Federation. Official website. [Electronic resource]. – Access mode: https://legicon.ru/wp-content/uploads/2023/12/A01-525.pdf (date accessed: 05.02.2025). – Text: electronic.
10. Ogilvy on Advertising / [Translated from English by A. Gostev and T. Novikova]. – Moscow: Eksmo Publishing House, 2003 (AOOT Tver. polygr. komb.). – 229p.: ill., port., color ill., port.; 27 cm; ISBN 5-699-02340-2 (in translation). [Electronic resource]. – Access mode: https://search.rsl.ru/ru/record/01002356039 (accessed: 02/05/2025). – Text: electronic.
11. Tolstyakov R. R., Nesterov D. A. Branding as a marketing tool for assessing and managing quality. eLIBRARY.RU: scientific electronic library: website. – Moscow, 2000. – [Electronic resource]. – Access mode: https://elibrary.ru (accessed: 02/05/2025) – Access mode: for registered users. // Socio-economic phenomena and processes. 2016. No. 11 P. 94-98. [Electronic resource]. – Access mode: https://elibrary.ru/item.asp?edn=xrnsun. – Text: electronic.
CIVIL LAW
ABDUJALILOV Abdujabar
Ph.D. in Law, associate professor, Head of the Department of Private Law, Institute of Philosophy, Political Science and Law, National Academy of Sciences of Tajikistan
THE PROBLEM OF THE LEGAL ENTITY ON THE INTERNET
The theoretical problems of the subject of civil law, despite being sufficiently fully studied, are becoming relevant again in modern jurisprudence in connection with the so-called “digitalization” of legal relations. The purpose of the proposed study is the problem of regulating relations on digital interaction of subjects in a special virtual environment of the Internet. This is due to the fact that time and modern technological progress, the core of which is the worldwide Internet communication network, make quite serious adjustments to the overall conceptual picture of the theory of the subject. An analysis of the development of the Internet and the virtual space created by it allowed us to obtain some primary conclusions about the nature of the legal regulation of the subject’s actions in such non-standard spaces, as well as the commission of legally significant actions in such spaces and the figure of the subject himself in this space.
Keywords: internet, virtual space, law, subject, quasi-subject, digitalization, doctrine
Bibliographic list of articles
1. Abdujalilov A. Theoretical problems of legal regulation of the Internet: civil legal aspects. – Dushanbe: “Er-Graf”, 2014. – 132 p.
2. Arkhipov S. I. Subjects of law: theoretical study. – SPb.: Legal Center Press, 2004.
3. Bakhteyev D. V. Artificial intelligence: ethical and legal foundations: monograph. – M.: Prospect, 2023.
4. Bratus S. N. Subjects of civil law. – M.: State Publishing House of Legal Literature, 1950.
5. Vasilevskaya L. Yu. et al. Digitalization of civil circulation: legal characteristics of “artificial intelligence” and “digital” subjects: monograph. – V. 3. – M.: Prospect, 2023. – P. 8.
6. Volos A. A. Transformation of the Theory of Principles of Civil Law in the Modern Conditions of Digitalization of Society. Monograph. – M.: Prospect, 2024. – P. 29.
7. Efimova L. G., Sizemova O. B. Legal Nature of a Smart Contract // Banking Law. – 2019. – No. 1. – P. 23-30.
8. Greshnikov I. I. Subjects of Civil Law. – SPb.: Legal Center Press, 2002.
9. Puchkov V. O. Civilistic Doctrine of the Digital Age. Methodological, Theoretical and Applied Problems. Monograph. – M.: Prospect, 2020. – P. 29.
10. Rahimzoda M. Z. Entrepreneurial entities: theory and legal regulation (in Tajik). Monograph. – Dushanbe, 2023. – P. 16.
CIVIL LAW
BAKUNIN Sergey Nikolaevich
Ph.D. in Law, professor, professor of Civil law disciplines sub-faculty, S. A. Yesenin Ryazan State University
ANANJEVA Ekaterina Olegovna
Ph.D. in law, associate professor, associate professor of Civil law and process sub-faculty, Academy of the FPS of Russia
THE PRINCIPLE OF GOOD FAITH IN THE EXERCISE OF CIVIL RIGHTS AS A MEASURE OF EARLY PREVENTION OF CORRUPT CRIMINAL BEHAVIOR
The article is devoted to the study of the principle of good faith in the exercise of civil rights as an important measure of early prevention of corrupt behavior. In the context of modern realities, when corruption is becoming one of the main threats to law and order and the sustainable development of society, the principle of good faith is becoming particularly relevant. The article analyzes the main aspects of this principle, its impact on the formation of ethical norms and standards of behavior of citizens, as well as its role in law enforcement practice. It is considered how the introduction of the principle of good faith in legal mechanisms can contribute to reducing corruption, forming citizens’ responsibility and awareness of the consequences of their actions.
Keywords: the principle of good faith, corrupt behavior, exercise of civil rights, prevention.
Article bibliography
1. The concept of development of civil legislation of the Russian Federation: approved by the decision of the Council under the President of the Russian Federation for the codification and improvement of civil legislation dated October 7, 2009 // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 2009. – No. 11. – P. 6-99.
2. Nam K. V. The principle of good faith: development, system, problems of theory and practice. – 2nd ed., revised. and additional. – Moscow: M-Logos, 2023. – 388 p.
3. Vitryansky V. V. Civil Code and the Court // Bulletin of the Supreme Arbitration Court of the Russian Federation. – 1997. – No. 7. – P. 128-134.
4. Sklovsky K. I. Application of the norms on good conscience in the civil law of Russia // Business and law. – 2002. – No. 9. – P. 67-81.
5. Novitsky I. B. The principle of good conscience in the draft law of obligations // Bulletin of civil law. – 2006. – No. 1. –P. 99-134.
6. Vasilevskaya L. Yu. Contract law of Russia: reform, problems and development trends: monograph. – M .: INFRA-M, 2016. – 192 p.
7. Ananyeva E. O. Application of the principle of good faith in private law // Scientific review. Legal sciences. – 2024. – No. 1. [Electronic resource]. —Access mode: https://science-legal.ru/article/view?id=1 (date of access: 01/29/2025).
CIVIL LAW
BOSYKH Andrey Igorevich
Ph.D. in Law, associate professor of Civil law sub-faculty, Law Faculty, A. A. Khmyrov, Kuban State University, Krasnodar
ISACHENKO Alexander Igorevich
magister student of the 3rd years of study, Law Faculty, A. A. Khmyrov, Kuban State University, Krasnodar
AFFILIATION IN BANKRUPTCY CASES: DEVELOPMENT AND TRENDS IN JUDICIAL AND ARBITRATION PRACTICE
The article analyzes the practice of applying the institution of affiliation in insolvency cases. Affiliation, both at the legislative and practical level, is considered as a state of connection, which, if there is a fact of bad faith, entails adverse consequences in a bankruptcy case within separate disputes. However, judicial practice is currently moving away from the strict framework of regulating affiliation and is gradually developing an approach to softening the legal status of affiliated persons. Taking into account the analyzed judicial and arbitration practice, we have identified current trends and main vectors of development of the institution of affiliation in legal relations of insolvency.
Keywords: affiliation, affiliated persons, bankruptcy, insolvency, subordination, judicial practice.
Article bibliography
1. Voronov F. A. Affiliation and its legal consequences in case of insolvency (bankruptcy): diss. … Cand. of Law: 5.1.3. – M., 2024.
2. Voronov F. A. Affiliation in insolvency (bankruptcy): concept, types, practice of application and foreign experience // Business and Law. – 2023. – No. 9.
3. Gabov A. V. Affiliation in insolvency (bankruptcy) cases // Civil law of the social state: collection of scientific articles. – M., 2020.
4. Egorov A. V. The impact of affiliation on bankruptcy // Civilistics. – 2021. – No. 2.
5. Zenin I. D. Problems of affiliation of an arbitration manager // Law and business. – 2024. – No. 1.
6. Tychinin S. V., Skopenko O. R. Affiliation of legal entities: reality and prospects // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (83).
7. Shitkina I. S. Identification and accounting of common economic interests of a group of companies (holding members) when concluding major transactions and transactions in which there is an interest // Law. – 2019. – No. 6.
CIVIL LAW
GRIB Vladimir Grigorjevich
Ph.D. in Law, professor, professor, Moscow University of Finance and Industry “Synergy”, Honored Lawyer of the Russian Federation
KUDRA Alexander Sergeevich
postgraduate student of State legal disciplines and digital law sub-faculty, Moscow University of Finance and Industry “Synergy”
COPYRIGHT AND MACHINE LEARNING: SEARCH FOR A LAWFUL FORMAT OF PROCESSING PROTECTED WORKS
This article examines the principal legal issues arising from the use of copyright-protected works in the context of machine learning and TDM (text and data mining). It discusses various potential approaches to regulating the relationship between AI developers and rightsholders – from requiring authors’ consent and establishing a special “free use” regime to implementing a compulsory license mechanism and collective rights management. The article concludes that a holistic and public-law-based approach is required to maintain a balance between innovation interests in the realm of neural networks and authors’ economic rights.
Keywords: machine learning, artificial intelligence, text and data mining, free use, intellectual property.
Article bibliography
1. Civil Code of the Russian Federation (part four) of 12/18/2006 No. 230-F3 (as amended on 06/13/2023) // Garant. – [Electronic resource]. – Access mode: https://base.garant.ru/10164072/7d7b9c31284350c257ca3649122f627b/ (access date: 12/11/2024).
2. European Parliament legislative resolution of 13 March 2024 on the proposal for a regulation of the European Parliament and of the Council on laying down harmonized rules on Artificial Intelligence (Artificial Intelligence Act) and amending certain Union Legislative Acts (C0M(2021)0206 – C9-0146/2021 – 2021/0106(C0D)). European Parliament, 2024. – [Electronic resource]. – Access mode: https://www.europarl.europa.eu/doceo/document/TA-9-2024-0138_EN.pdf.
3. A pro-innovation approach to AI regulation Presented to Parliament by the Secretary of State for Science, Innovation and Technology by Command of His Majesty March 2023. – [Electronic resource]. – Access mode: https://www.gov.uk/government/publications/ai-regulation-a-pro-innovation-approach/white-paper#fn:70.
4. United States Copyright Act 1976. Chapter 1. Section 107 [US Copyright Act 1976. Chapter 1. Section 107]. – [Electronic resource]. – Access mode: https://www.copyright.goV/title17/92chap1.html#107.
5. GOST R 59895-2021. National standard of the Russian Federation. Artificial intelligence technologies in education. General provisions and terminology (approved and put into effect by Order of Rosstandart dated November 26, 2021 No. 1617-st) // SPS ConsultantPlus.
6. GOST R ISO/IEC 20546-2021. National standard of the Russian Federation. Information technology. Big data. Review and Dictionary. (approved and put into effect by Order of Rosstandart dated 13.07.2021 No. 632-st) // SPS ConsultantPlus.
7. Directive (EU) 2019/790/EU of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single.
8. Kuznetsova A. V., Senko O. V., Kuznetsova Yu. O. Overcoming the “black box” problem when using machine learning methods in medicine // Doctor and information technology. – 2018. – No. S1.
9. Tyunin M. V. The property of artificial intelligence to fit into the general system of legal regulation of intellectual property in the EAEU. – DOI 10.17323/tis.2021.13503. – EDN KIMIUB // Works on Intellectual Property. – 2021. – Vol. 39, No. 4. – P. 37-41.
10. Kukhno M. O. Artificial Intelligence – a New Subject of Copyright: Near Future or Fiction? // Journal of the Intellectual Property Court. – 2023. – No. 3 (41). – P. 72-86. – DOI: 10.58741/23134852_2023_3_8.
11. Afanasyeva E. N., Furman D. D. Legal Aspects of Processing Copyright Objects by Artificial Intellectual Systems in the Process of Machine Learning // Baikal Research Journal. – 2023. – № 4.
12. Christensen K. A European solution for Text and Data Mining in the development of creative Artificial Intelligence – With a specific focus on articles 3 and 4 of the Digital Single Market Directive. Stockholm IP Law Review. – 2021. – № 2. – P. 18-33.
13. Special project on artificial intelligence technologies. – [Electronic resource]. – Access mode: https://ai.mos.ru/about/ (accessed on: 16.11.2024).
14. Global Artificial Intelligence Market Size & Outlook. – [Electronic resource]. – Access mode: https://www.grandviewresearch.com/horizon/outlook/artificial-intelligence-market-size/global (accessed on: 16.11.2024).
15. Getty Images vs Stability AI. – [Electronic resource]. – Access mode: https://www.gtlaw.com.au/insights/getty-images-vs-stability-ai (date of access: 16.11.2024).
16. Authors sue Anthropic for copyright infringement over AI training. – [Electronic resource]. – Access mode: https://www.theguardian.com/technology/article/2024/aug/20/anthropic-ai-lawsuit-author.
17. Pulitzer-winning authors join OpenAI, Microsoft copyright lawsuit. – [Electronic resource]. – Access mode: https://www.reuters.com/legal/pulitzer-winning-authors-join-openai-microsoft-copyright-lawsuit-2023-12-20/?utm_source=se%D1%81uritylabru (accessed: 11/18/2024).
18. Andersen v. Stability AI Ltd., 23-cv-00201-WH0 (N.D. Cal. Oct. 30, 2023). – [Electronic resource]. – Access mode: https://casetext.com/case/andersen-v-stability-ai-ltd (access date: 12/24/2024).
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)
KIRIKOVA Tatyana Romanovna
student, St. Petersburg Institute (branch), All-Russian State University of Justice (RLA of the Ministry of justice of Russia)
HOUSING RIGHTS AND OBLIGATIONS OF A PERSON IN PLACES OF DEPRIVATION OF LIBERTY
The article analyzes the current housing and penal enforcement legislation regulating the housing rights and obligations of persons in places of deprivation of liberty. The relevance of the article is determined by the fact that the terminology used by the legislator, and subsequently by the law enforcement officer, does not take into account the specifics of each of the industries, the subjects of legal relations of which are persons in places of deprivation of liberty. As part of the analysis of current legislation and law enforcement practice, specific proposals have been formulated for making additions to existing sources of law. The content of the proud person’s legal status in terms of rights and obligations when living in a residential building, that is, the housing and legal status of the proud person, has been studied. The issues of protecting property rights and protecting other limited rights of a convicted person to residential premises for the period of their absence and inability to live in them have not been ignored. It seems that this issue is still open for further discussion.
Keywords: residential premises, convicted person, housing and legal status of convicted person, residential premises for convicted persons, mode of residence.
Article bibliography
1. Bannova E. P. Problems of implementing housing rights of persons sentenced to imprisonment // START in SCIENCE – 2022: collection of articles of the II International research competition: in 2 parts, Petrozavodsk, November 14, 2022. Volume Part 1. – Petrozavodsk: International Center for Scientific Partnership “New Science (IP Ivanovskaya I. I.), 2022. – P. 199-207.
2. Borchenko V. A. Features of the implementation of housing rights by persons serving a sentence of imprisonment // Bulletin of the Samara Law Institute. – 2017. – No. 4 (26). – P. 23-27.
3. Konovalchuk M. V. Implementation of housing rights by convicts // Actual problems of civil law and procedure: Materials of the All-Russian scientific and practical conference, Omsk, April 26, 2019 / Editors-in-chief: D. T. Karamanukyan, E. N. Malanina, E. F. Rashidov. – Omsk: Private educational institution of higher education “Siberian Law University”, 2019. – P. 99-103.
4. Mogushkov I. M. B. On the issue of legal regulation of housing rights of persons sentenced to imprisonment // Investigative activity: problems, their solutions, development prospects: materials of the III All-Russian youth scientific and practical conference, Moscow, November 25, 2019. – Moscow: Moscow Academy of the Investigative Committee of the Russian Federation, 2020. – P. 74-77.
5. Rashchupkina L. V. Legal regulation of the right to residential premises of persons serving sentences in penal institutions // State, law and society in the context of ensuring national security of the Russian Federation: Materials of the scientific and practical conference, Vladimir, October 27, 2022 / Editorial board: V. N. Bodyakov (chairman) [and others]. – Vladimir: Vladimir Law Institute of the Federal Penitentiary Service, 2022. – P. 195-199.
CIVIL LAW
IONTSEV Mikhail Anatoljevich
Head of the Legal Support Center for Digitalization in the Financial Market (as an Office) of the Legal Department of the Bank of Russia, associate professor of Legal support of market economy sub-faculty, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Ph.D., lecturer researcher, Institute of Legislation and Comparative Law under the Government of the Russian Federation, Bank of Russia, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Moscow
LEGAL ASPECTS OF USING DIGITAL CURRENCY AS A MEANS OF PAYMENT AND INVESTMENT
The article provides an in-depth analysis of the current state of digital currency regulation at the international and national levels. With the rapid development of technologies and financial markets, digital currencies are becoming more relevant for both settlements and investment strategies. The author considers the main legal categories relating to digital currencies, including their classification, legal status and application in various jurisdictions. The main purpose of the article is to highlight the challenges and opportunities associated with the legal regulation of digital currencies, thereby contributing to the formation of a safer and more stable investment environment. In the context of the growing popularity and use of digital currencies, understanding their legal status and regulation becomes critical for both users and organizations wishing to use these currencies. The article is designedto highlight important aspects of this issue and provide recommendations that will help develop a safe and effective practice of using cryptocurrencies in various areas of the economy.
Keywords: digital currencies, distributed register, currency, means of payment, investments.
Article bibliography
1. Borisov A. M., Skoryatin D. K. Cryptocurrency relations and the development of digital technologies for the circulation 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. Dep. of Scientific Cooperation; ed. V. I. Gerasimov. M., 2021. Part 2. Pp. 161-167.
2. Golubev S. A. Transition Point. Russia 1917-1923 (Historical Chronicles). M.: RAEN, 2007. Pp. 11.
3. Efimova L. G. Improving the Theory of Monetary Obligations in the Era of the Digital Economy // Law and Digital Economy. 2022. No. 3. Pp. 33-42.
4. Carro D., Juillard P. International Economic Law / Scientific ed. V. M. Shumilov. M., 2002. Pp. 332-333.
5. Lindert P. H. Economics of World Economic Relations / Trans. from English; General ed. and foreword by O. V. Ivanova. M.: Progress, 1992. Page 473.
6. Lunts L. A. Money and monetary obligations in civil law. M.: Statut, 1999. 352 p.
7. Rozhdestvenskaya T. E., Guznov A. G., Efimova L. G. Private banking law: textbook. M.: Prospect Publishing House, 2020. Page 117.
8. Samuelson P. A., Nordhaus V. D. Economics. M.: Binom, 1997. Page 783.
9. 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.
10. Alvarez F., Argente D., Van Patten D. Are cryptocurrencies currencies? Bitcoin as legal tender in El Salvador // Science. 2023. T. 382, No. 6677. P. 28-44.
11. Chaiwut W. The Growth of Cryptocurrency Investments under Thai Government through Legal Measures // International Investment Law Journal. 2023. T. 3, No. 2. P. 167-173.
12. Daniel J. M. Crypto-monnaies: leurs fonctions, leurs dangers // Ramses 2019. Institut français des relations internationales, 2018. P. 284-287.
13. Schopper A., Raschner P. Privat-und aufsichtsrechtliche Rahmenbedingungen für Krypto-Banking // BankArchiv. 2022. T. 70, No. 4. P. 262-277.
14. Dniprov O. et al. Legal status of cryptocurrency as electronic money // J. Legal Ethical & Regul. Isses. 2019. T. 22. P. 1.
15. Dang T. T. Current situation of cryptocurrency in Vietnam // Asian Journal of Business Environment. 2019. T. 9, No. 4. P. 29-34.
16. Elkahwagy A. Criminal Law (Egypt) // Yearbook of Islamic and Middle Eastern Law Online. 2022. T. 21, No. 1. P. 93-98.
17. Irma D. et al. The future of cryptocurrency legality in Indonesia // Journal of Economics and Business Letters. 2021. T. 1, No. 1. P. 20-23.
18. Riley J. et al. The current status of cryptocurrency regulation in China and its effect around the world // China and WTO Review. 2021. Vol. 7, No. 1. Pp. 135-152.
19. Lisitsa V. N. Legal regulation of investment relations: theory, legislation and practice of application: Abstract of author’s diss. … doctor of legal sciences. Novosibirsk, 2010. P. 11, 24.
CIVIL LAW
KOZHOKAR Andrey Petrovich
Head of the Secretariat of the Chairman of the Twelfth Arbitration Court of Appeal
THE GENESIS AND EVOLUTION OF THE LEGAL REGULATION OF NOTARY CONTROL
The article is devoted to the analysis of the genesis and evolution of legal control over the actions of limited liability companies and their participants. The article notes that the introduction of mandatory notarial control caused mixed reviews at the time, as representatives of both the business and the legal community believed that it would increase the financial burden on limited liability companies. However, to date, the argument against the notarial form of the transaction, based on the fact that notarization requires money and, therefore, is an additional financial burden on the business, has lost its relevance. The article discusses the main stages of the legal regulation of notary control. It is noted that the lack of notarial control in corporate legal relations leads to significant property losses for their participants and the national economy as a whole, as well as to the vulnerability of state interests in this area.
Keywords: notary control, limited liability company, legal regulation, members of the company, public legal control.
Bibliographic list of articles
1. Brodsky A. A. Transactions with shares in LLC: price of disposal // Law. – 2023. – No. 2. – P. 145.
2. Ilyushina M. N. Theoriesical and practical problems of transactions aimed at the alienation of shares in the authorized capital of limited liability companies // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2009. – No. 6. – P. 125.
3. Ilyushina M. N. Transactions aimed at the alienation of shares in the authorized capital of LLC: new in legal regulation // Laws of Russia: experience, analysis, practice. – 2009. – No. 6. – P. 117.
4. Ladygina V. P. The concept of notarial control over the activities of limited liability companies // Theoretical and applied prospects for legal support of economic development: materials of the International round table (Minsk, October 21, 2022). – Mn.: Publishing house of the Belarusian state. University, 2022. – P. 194.
5. Laptev V. A. Corporate law: legal organization of corporate systems: monograph. – M.: Prospect, 2020. – P. 247.
6. Mogilevsky S. D. Limited Liability Company: legislation and practice of its application. – M.: Statut, 2010. – P. 201.
7. Novoselova L. A. New provisions of the legislation on LLC: reasons for changes and consequences // Business and Law. – 2009. – No. 3. – P. 16.
8. Salnikova L. Transactions for the alienation of shares in LLC: is notarization always necessary // Financial newspaper. Regional issue. – 2010. – No. 25. – P. 3.
9. Soloviev I. Ensuring the reliability of information received by the Unified State Register of Legal Entities // Tax Bulletin. – 2015. – No. 10. – P. 10.
10. Tikhomirov M. Yu. Transactions and other grounds for the transfer of shares in the authorized capital of a company // Legislation and Economics. – 2010. – No. 7. – P. 36-59.
CIVIL LAW
MIGACHEVA Anna Yurjevna
Ph.D. in Law, associate professor of Civil law sub-faculty, Kuban State University, Krasnodar
PARASKEVOVA Svetlana Andreevna
Ph.D. in Law, professor
CONDITIONS FOR THE APPLICATION OF THE CONSEQUENCES OF DEVIATION FROM QUALITY REQUIREMENTS IN THE CONTRACT OF SALE OF REAL ESTATE, DEVELOPED BY JUDICIAL PRACTICE
The article examines the conditions developed by judicial practice for the application of the consequences of the transfer of real estate of inadequate quality under a contract of sale stipulated in civil legislation. The author states that the special social status of real estate, combined with the dispositive-imperative approach to determining the quality of goods established by the Civil Code of the Russian Federation, has led to the formation of a well-established practice in disputes over the improper quality of real estate in the contract of sale. When considering disputes, courts attach crucial importance to the moment when deficiencies arise, the good faith and prudence of the parties to the contract, and the nature of the deficiencies.
Keywords: contract, purchase and sale agreement, real estate, quality, obvious flaws, hidden flaws, significant flaws.
CIVIL LAW
PEVTSOVA Irina Evgenjevna
Ph.D. in Law, associate professor, associate professor of Civil law sub-faculty, Far Eastern branch, Russian State University of Justice, Khabarovsk
PARFENOV Lev Alexeevich
student of the 4th course, Institute of Law, Far Eastern branch, Russian State University of Justice, Khabarovsk
THE FORMATION AND DEVELOPMENT OF ARTIFICIAL INTELLIGENCE: CERTAIN ASPECTS OF LEGAL REGULATION
Based on a number of general scientific methods, taking into account changing specific historical conditions, the article examines the genesis of the development of artificial intelligence technology. The contribution of outstanding foreign and Russian scientists to the development of digital reality is noted. The emphasis is placed on the need for clear legal regulation of the use of artificial intelligence, since today, basically, only program documents have been developed that do not allow taking into account all the threats of its implementation and ensuring sufficient legal protection of the interests of the state and society.
Keywords: artificial intelligence technologies, Internet, legal regulation, digitalization, algorithmic language.
Bibliographic list of articles
1. Wiener N. Cybernetics: Or Control and Communication in the Animal and the Machine. – Paris: Hermann &Cie; Cambridge (MA): MIT Press, 1948. – 229 p.
2. Turing A. Computing machinery and intelligence // Mind. – 1950. – Vol. 59. – Pp. 433-460.
3. Newell A., Shaw J. C., Simon H. A. Report on a general problem-solving program // Proceedings of the International Conference on Information Processing. – USA, 1959. – pp. 256-264.
4. Maslov, S. Yu. Inverse method for establishing derivability in classical predicate calculus // DAN SSSR. – 1964. – Vol. 159, No. 1. – pp. 17-20.
5. Turchin V. F. Algorithmic language of recursive functions (Refal). – M.: Publishing house of the Institute of Problems of Mathematics of the USSR Academy of Sciences, 1968.
6. Kitov A. I. Electronic digital machines. – M.: Soviet radio, 1956. – 358 p.
7. Kitov A. I. Electronic digital machines (in Chinese). – Beijing, 1958. – 261 p.
8. Entiny M. L., Entina E. G., Tnelm N. I. Ch. 3-1. Challenge to the fundamental values of human civilization from artificial intelligence systems // In search of partnerships – X: Russia and the European Union in 2020 – the first half of 2021: Scientific monograph. – M.: Galaktika, Publishing House “Zebra E”, 2021. – P. 255.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
THE LEGAL BASIS FOR LICENSING MEDICAL ACTIVITIES IN THE FIELD OF PLASTIC SURGERY
The article discusses the features of the legal regulation of licensing medical activities in the field of plastic surgery. The analysis of the licensing requirements for the applicant to obtain a license is carried out. It is noted that Roszdravnadzor employees can check the compliance of the clinic’s activities with licensing requirements. It is concluded that there is no unified system of licensing requirements in Russia. Proposals have been made to normalize mandatory requirements for license applicants and clinics for each type of work (services) forming a medical activity for specific types of medical activities, as well as to publish official explanations from Roszdravnadzor regarding the concepts and approaches to the organization and implementation by medical clinics of the VKKBMD.
Keywords: license, licensing, medical clinic, requirements, medical activity.
Article bibliography
1. Ershova I. V. Licensing of medical and pharmaceutical activities: legal norms, doctrine, judicial practice // Bulletin of the O. E. Kutafin University. – 2015. – No. 1. – P. 128-141.
2. Zhukova N. A., Vorobyova V. I. Problems of legal regulation of licensing of medical activities // Scientific almanac. – 2020. – No. 1-2 (63).
3. Idrisov H. V. Licensing in the field of providing medical services and implementing pharmaceutical activities in Russia: regulatory framework, law enforcement and legal liability // Bulletin of the Saratov State Law Academy. – 2021. – No. 2 (139).
4. Mograbyan A. S. Actual problems in the field of providing cosmetology services: private law aspect // Lex Russica. – 2018. – No. 10 (143).
5. Nikolaev D. S. Current issues of legal regulation of licensing requirements in the field of medical activity // Issues of Russian and international law. – 2022. – Vol. 12, No. 3A.
6. Rasayeva H. A. Legal aspects of licensing the activities of medical organizations // Issues of modern jurisprudence. – 2013. – No. 28.
7. Romanovsky G. B. The right to carry out medical activities // Chief physician. – 2018. – No. 11.
8. Starchikov M. Yu. Legal regulation of licensing of medical activities: problematic issues of law enforcement and judicial practice. [Electronic resource]. – Access mode: Access from the legal reference system “ConsultantPlus”.
CIVIL LAW
ASTAKHOV Pavel Olegovich
postgraduate student of Civil law and process and private international law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PROBLEMS OF DIGITAL DISPUTE RESOLUTION AT THE EXAMPLE OF SOME RECENT CASE LAW OF COURTS OF ENGLAND
The article considers the latest approaches of the English courts (selected court decisions of 2023 and 2024) to the regulation of digital disputes, in particular, the problems of arbitration of such disputes in the light of consumer protection, fiduciary of cryptocurrency developers in relation to its obligations owners, the degree of legal control of a cryptocurrency exchange over the cryptoassets placed on it, the legal nature of a cryptoasset, civil law mechanisms of compensation for losses in connection with the loss of cryptoassets. The relevance of the article is due to the dynamic development of the digital asset market and the need to search for legal methods of its regulation, taking into account the fact that currently the English jurisdiction is one of the most progressive in the world on this issue.
Keywords: digital disputes, Court of Appeal (England and Wales), High Court (England and Wales), digital asset (cryptoasset), bitcoin, Tether (USDT), token, crypto exchange, fiduciary duties, (digital) wallet, arbitration, JAMS, consumer rights.
Article bibliographic list
1. Rusakova E. P., Frolova E. E. On the effectiveness of resolving digital disputes through arbitration in England and Wales // State and Law. – 2024. – No. 1. – P. 179-187.
2. Frolova E. E., Berman A. M. Methods of expression of the will of the parties in the context of digital transformation: current trends in law enforcement // Law. Journal of the Higher School of Economics. – 2024. – No. 3. – P. 57-83.
3. Cryptoassets Task Force: Final Report (in English) [electronic resource]. – [Electronic resource]. – Access mode: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/752070/cryptoassets_taskforce_final_report_final_web.pdf.
4. Digital assets: consultation review (in English). [Electronic resource]. – Access mode: https://s3-eu-west-2.amazonaws.com/cloud-platform-e218f50a4812967ba1215eaecede923f/uploads/sites/30/2022/07/Digital-Assets-Consultation-Paper-Law-Commission-1.pdf.
5. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // RUDN Journal of Law. – 2022. – Vol. 26, No. 3. – P. 695-704.
CIVIL LAW
BASKIN Daniil Yurjevich
postgraduate student, Moscow University for Industry and Finance “Synergy”
THE CONCEPT AND CLASSIFICATION OF OBJECTS OF CIVIL RIGHTS: THEORY AND PRACTICE OF LEGAL REGULATION
The article presents a comparative description of the objects of civil law relations in different countries (Russia, Japan, Germany and France) and an expanded classification of objects of civil law, which consists in their division into separate groups according to various criteria. In addition, the most discussed civil lawsuits in the world practice were considered. As a result of the study of the legislation of the previously mentioned countries, the following features were clarified: in Japan, food products are singled out as a special object of civil law relations; in Germany, a separate category is represented by consumables; in France, large objects are allocated in the immovable property section; in Russia, conditionally movable objects, such as aircraft, are classified as immovable property. It is noteworthy that the division of objects of civil law into movable and immovable property is the most universal in various legal systems and at the same time rather ambiguous in terms of internal content. Using the example of three cases from different countries, the practice of legal regulation of civil relations is considered. During these trials, regardless of whether decisions were made in favor of the plaintiff’s side or the defendant’s side, the changes that were made to the workflow are described.
Keywords: civil law, object of law, classification of objects of civil law.
Article bibliography
1. What is Civil Law? Origin, historical development, and key features // Maroonpaper. [Electronic resource]. – Access mode: https://maroonpaper.com/civil-law-origin-and-historical-development/.
2. Civil Code of the Russian Federation (part one) dated 30.11.1994 No. 51-FZ (as amended on 08.08.2024, with amendments and additions, entered into force on 31.10.2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Civil Code (Part I, Part II and Part III) Act No. 89 of April 27, 1896. [Electronic resource]. – Access mode: http://childlawinternational.org/wp-content/uploads/2020/08/Civil-Code-Part-I-II-III.pdf.
4. German Civil Code (BGB) German law on 2 January 2002 (Last Updated on July 2, 2021). [Electronic resource]. – Access mode: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html.
5. French Civil Code version in force on 05 March 2025. [Electronic resource].
6. Classification of things in civil law: divisible and indivisible, immovable and movable things. Things as objects of civil rights // TostPost.com. [Electronic resource]. – Access mode: https://tostpost.com/the-law/29392-classification-of-things-in-civil-law-divisible-and-indivisible-immova.html.
7. Civil law lecture 7 objects of civil // Present5. [Electronic resource]. – Access mode: https://present5.com/civil-law-lecture-7-objects-of-civil/.
8. The designated objects of civil rights // TostPost.com. [Electronic resource]. – Access mode: https://tostpost.com/education/30605-the-designated-objects-of-civil-rights.html.
9. Civil Law // Legal Dictionary. [Electronic resource]. – Access mode: https://legaldictionary.net/civil-law/.
10. Of the world’s most ridiculous lawsuits // Listverse. [Electronic resource]. – Access mode: https://listverse.com/2017/11/25/10-of-the-worlds-most-ridiculous-lawsuits/.
11. BMW driver death sees takata recall 1.4 million air bags // Bloomberg. [Electronic resource]. – Access mode: https://www.bloomberg.com/news/articles/2019-12-04/deadly-air-bag-maker-takata-spurs-another-1-4-million-car-recall.
CIVIL LAW
DILINAER
postgraduate student of Civil law and process and private international law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
DISPUTE RESOLUTION OF SMART CONTRACTS
This study focuses on the best smart contract dispute resolution mechanism for resolving current smart contract disputes. By studying several existing smart contract dispute resolution methods, this paper concludes that disputes arising from smart contracts are very different from those previously handled by courts and arbitration organizations. Due to features such as decentralization and anonymity, traditional dispute resolution methods such as litigation and arbitration are no longer suitable for resolving smart contract disputes. Dispute resolution for on-chain smart contracts seems to be more conducive to maintaining the original characteristics of smart contracts, but the possibility of manipulation still exists. Finally, the authors propose new ideas for resolving smart contract disputes.
Keywords: Smart Contracts, Disputes, Blockchain, Arbitration, ADR.
Article bibliography
1. Song Yunting, Shen Chao. Intervention of the law: judicial remedies for disputes over smart contracts // Journal of Beijing University of Aeronautics and Astronautics. – 2023. – No. 36 (6). – P. 70-79.
2. Mitrofanov N. V. Advantages and disadvantages of digitalization of civil, administrative and arbitration proceedings // Actual problems of state and law. – 2022. – No. 24.
3. Sinitsyn S. A., Dyakonova M. O., Chursina T. I. Smart contracts in the digital economy: contractual regulation and dispute resolution // Digital law. – 2021. – Vol. 2, No. 4. – P. 40-50.
4. Xia Qingfeng Analysis of the legal nature of smart contracts // Eastern law. – 2022. – No. 6. – P. 33-43.
5. Rusakova E. P., Frolova E. E. Digital disputes in the new legal reality // Bulletin of RUDN University. – 2022. – No. 3. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/digital-disputes-in-the-new-legal-reality (date accessed: 07/05/2024).
6. Frolova E. E., Kupchina E. V. Digital tools for protecting intellectual property rights: on the example of blockchain and artificial intelligence // Bulletin of Perm University. – 2023. – No. 3 (70)..
7. Kamalyan V. M. Technological and legal aspects of a smart contract // Bulletin of O. E. Kutafin University (MSAL). – 2020. – No. 8 (72). – P. 144-157.
8. Zainutdinova E. V. Models of legal regulation of a smart contract: general and special // Law. Journal of the Higher School of Economics. – 2021. – No. 3. – P. 126-147.
9. Schmitz, Amy and Colin Rule. “Online dispute resolution for smart contracts”. J. Disp. Resol. (2019): 103.
10. Rusakova E. P. The KLEROS Court: Is It a Revolution in the Dispute Resolution Process? // Gaps in Russian Legislation. – 2022. – Vol. 15, No. 5. – P. 278-281.
11. Kuznetsov M. O. The Future of Smart Contracts in Civil Circulation. Trends and Forecasts // Student Bulletin. – 2023. – No. 19, 6 (258). – P. 56-60.
12. Zhang S.K., Tian Y. Application of Artificial Intelligence in Commercial Arbitration: Value, Dilemma // Journal of Shanghai University of Finance and Economics. – 2024. – No. 26 (2). – P. 122-134.
13. Karen Yang, Lin Shaowei. Blockchain Regulation: The Debate between “Law” and “Self-Regulation” // Eastern Law Journal. – 2019. – No. 3. – P. 121-136.
14. De En Goh, G. R. Smart contract disputes and public policy in the ASEAN+ 6 region // Digital Law Journal. – 2022. – No. 3 (4). – P. 32-70.
CIVIL LAW
ZAGNETIN Vladimir Nikolaevich
postgraduate student, Saint Petersburg State University
GENESIS AND DEVELOPMENT OF THE THEORY OF MAIN AND SECONDARY (NON-MAIN) PROCEEDINGS IN CROSS-BORDER INSOLVENCY
The article studies the normative fixation of cross-border bankruptcy in general and modified universalism in particular. The author gives a historical excursion, giving examples of bilateral agreements concluded in the Middle Ages and Modern times, which are known to us. A list of international treaties concluded in the late 19th and early 20th centuries is given. Focusing on the UNCITRAL Model Law on Cross-Border Insolvency and the Regulation (EU) 2015/848 of the European Parliament and of the Council of 05/20/2015 on insolvency proceedings (recast), the author analyzes the history of their adoption. The reasons for the adoption of the UNCITRAL Model Law on Cross-Border Insolvency are analyzed, as well as what stages this act had to pass through. The author analyzes the Convention on Insolvency Proceedings of 23.11.1995 as a failed precursor to Regulation (EU) 2015/848 of the European Parliament and of the Council of 20.05.2015, which never entered into force. A brief list of differences between the UNCITRAL Model Law on Cross-Border Insolvency and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20.05.2015 is summarized.
Keywords: cross-border bankruptcy, cross-border insolvency, UNCITRAL.
Article bibliography
1. Anufrieva L. P. International private law: In 3 volumes. Volume 3. Cross-border bankruptcies. International commercial arbitration. International civil procedure: Textbook. – M .: BEK Publishing House, 2001.
2. Bankruptcy of business entities: textbook for bachelors / Responsible. ed. I. V. Ershova, E. E. Enkova. – M.: Prospect. 2016.
3. Getman-Pavlova I. V. International private law: textbook for masters / 4th ed., revised. and additional. – M.: Yurait Publishing House. 2013.
4. Mokhova E. V. Cross-border insolvency (bankruptcy) // Insolvency (bankruptcy): training course. T. 2. / Ed. Karelina S. A. – M .: Statut, 2019.
5. Sobina L. Yu. Recognition of foreign bankruptcies in international private law. – M .: Statut, 2012.
6. Nadelmann K. H. Bankruptcy Treaties // University of Pennsylvania Law Review and American Law Register. – 1944. – No. 93 (1).
7. Pottow J. A. E. A New Role for Secondary Proceedings in International Bankruptcies // University of Michigan Law School Scholarship Repository. – 2011. – No. 3.
CIVIL LAW
KUZMIN Anton Vlasovich
postgraduate student of Civil law and process and international private law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE SECURITY NATURE OF SMART CONTRACTS
The article considers the possibility of qualifying smart contract technology as a security transaction. The analysis of the concept of methods for ensuring the fulfillment of obligations and their inherent characteristics is carried out through the prism of a smart contract. The author of the article concludes that the methods for ensuring the fulfillment of obligations named in the law can be expressed through a smart contract. It is also established that the execution of a smart contract based on distributed ledger technology (blockchain) and the automated execution of its terms makes it possible to classify a smart contract as an unnamed security transaction.
Keywords: smart contract, blockchain, security transaction, automated execution.
Article bibliography
1. Dyadkin D.S., Usoltsev Yu.M., Usoltseva N.A. Smart contracts in Russia: prospects for legislative regulation // Universum: economics and jurisprudence. 2018. No. 5. P. 17-20.
2. Bogdanova E. E. Problems of applying smart contracts in transactions with virtual property // Lex russica. 2019. No. 7. P. 108-118.
3. Gongalo B. M. The doctrine of securing obligations. Theoretical and practical issues. Moscow: Statut, 2016. P. 40.
4. Latyntsev A. V. System of methods for ensuring the fulfillment of contractual obligations: Diss. … Cand. of Law. Moscow, 2002. P. 100.
5. Zakharkina A. V. Smart contract in the context of the formation of a regulatory platform for the ecosystem of the digital economy of the Russian Federation // Bulletin of Perm University. Legal sciences. 2020. No. 1. P. 66-82.
CIVIL LAW
MAVLYANOVA Ekaterina Nurjevna
postgraduate student, Institute of Law, Russian University of Transport (MIIT)
ANALYSIS OF THE REGULATORY FRAMEWORK IN THE FIELD OF OIL TRANSPORTATION BY PIPELINE IN THE RUSSIAN FEDERATION
This article examines the current system of legal regulation in the Russian Federation in the field of the oil industry and oil transportation. The importance of the field of activity under consideration, noted in the article, determines the relevance of addressing problematic issues in this area. A large number of regulatory legal acts at different levels of legal authority require a clear understanding of how they are applied and how they interact with each other when building legal relations. The author of the article provides a list of the main regulatory legal acts that build a system of law and legal norms in the field of oil transportation by pipeline in the Russian Federation. The theses deduced as a result of the author’s analysis reveal unresolved legal issues, which is the basis for further study of this topic. The author of the article emphasizes the need for systematization, optimization and refinement of the existing regulatory legal framework.
Keywords: regulatory legal acts, regulatory legal framework, legal regulators, legal relations, oil, petroleum products, pipeline transport.
Bibliographic list of articles
05.2015, which never entered into force. A brief list of differences between the UNCITRAL Model Law on Cross-Border Insolvency and Regulation (EU) 2015/848 of the European Parliament and of the Council of 20.05.2015 is summarized.
Keywords: cross-border bankruptcy, cross-border insolvency, UNCITRAL.
Article bibliography
1. Constitution of the Russian Federation // Official publication. – M.: Legal Literature, 2023.
2. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ // Collection of Legislation of the Russian Federation. – 1994. – No. 32. – Art. 3301.
3. Civil Law: textbook. Part two // edited by A. P. Sergeev, Yu. K. Tolstoy. – M.: Prospect, 2001.
4. Sitnikov S. L. Civil regulation of oil transportation through the oil pipeline system. Actual problems of the relationship between property-law and legal-obligatory relations. – M., 2007.
5. Korepanov K. V. Legal regulation of oil and gas transportation through main pipelines. – M., 2016.
CIVIL LAW
MUBINOV Denis Dimovich
postgraduate student, Faculty of Law, University of Management “TISBI”, Kazan
PROTECTION OF THE INTERESTS OF THE SPOUSE IN THE REALIZATION OF THE DEBTOR’S DAMAGE DURING THE PROCEDURES APPLIED IN THE BANKRUPTCY CASE
This article analyzes the legal aspects of bankruptcy of citizens who are in a registered marriage, as well as the impact of joint obligations of spouses on the process of formation and distribution of bankruptcy estate. Statistical data confirming the increase in the number of bankruptcies among citizens in 2023-2024 are being considered, which is due to the high level of creditworthiness of the population and an increase in the key interest rate. Special attention is paid to the analysis of judicial practice, including the legal regulation of the general obligations of spouses, the procedure for their satisfaction and the distribution of property in the bankruptcy procedure. The existing legal discourse on the presumption of the individuality of debts, established by judicial acts, in contrast to approaches involving the common property obligations of spouses, is investigated. Special attention is paid to the problem of distributing the burden of proving that obligations belong to the common debts of spouses, as well as legal mechanisms for protecting the interests of the second spouse, who is not a debtor.
Keywords: bankruptcy of citizens, bankruptcy estate, obligations of spouses, creditors, judicial practice, protection of property rights.
Article bibliography
1. Federal Law of 26.10.2002 No. 127-FZ “On Insolvency (Bankruptcy)” // Collection of Legislation of the Russian Federation – 2002. – No. 43. – Art. 4190.
2. Review of judicial practice of the Supreme Court of the Russian Federation. – 2020. – No. 3. (approved by the Presidium of the Supreme Court of the Russian Federation on November 25, 2020) // Official website of the Supreme Court of the Russian Federation. [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/practice/34051/ (date of access: November 12, 2024).
3. Determination of the Judicial Collegium for Economic Disputes of the Supreme Court of the Supreme Court No. 306-ES19-22343 in case No. A65-40314/2018// The document was not published. SPS ConsultantPlus.
4. Resolution of the Thirteenth Arbitration Court of Appeal dated 03.04.2023 No. 13AP-1412/2023 in case No. A56-90959/2016 // Arbitration Case File. [Electronic resource]. – Access mode: https://kad.arbitr.ru/
5. Osmanova D. A. Abuse in insolvency (bankruptcy). Abstract of the dissertation for the degree of candidate of legal sciences. – Moscow, 2018. – P. 9.
6. Radionov N. S. Procedure and problems of settlement with a creditor for the common debt of spouses // Legal Bulletin. – 2023. – No. 4. – P. 167-177.
7. Unified Federal Register of Legally Significant Information on the Activities of Legal Entities, Individual Entrepreneurs and Other Economic Entities (Fedresurs). [Electronic resource]. – Access mode: https://fedresurs.ru/news/bdb9dfec-df64-4207-b713-4bd7133f172a (accessed: 01.10.2024).
8. Official website of the Central Bank of the Russian Federation. [Electronic resource]. – Access mode: https://cbr.ru/press/event/?id=17161 (accessed: 30.11.2024).
CIVIL LAW
NIKIENKO Konstantin Gennadjevich
postgraduate student of Civil and business law sub-faculty, Moscow University for the Humanities
CURRENT ISSUES OF IMPROVING THE LEGISLATION IN THE SPHERE OF MIGRATION OF THE RUSSIAN FEDERATION
This article discusses the main problems of legal regulation in the migration policy of the Russian Federation. The factors influencing the persistence of illegal migration are highlighted. The concepts of “migrant” and “external labor migration” have been clarified. Based on the analysis of regulatory legal acts in the field of migration policy, it is concluded that there is no legislative consolidation of the term “illegal migration” and its author’s interpretation is given. The main problems of regulating labor migration are highlighted. Insufficient effectiveness of interdepartmental cooperation is highlighted as one of the significant problems of legal regulation of migration policy in the Russian Federation. An assessment of the development of current legislation in the field of migration policy is given and a number of proposals aimed at its further improvement are formulated.
Keywords: migration, migrant, labor migration, illegal migration, migration policy.
Article bibliography
1. Federal Law of 25.07.2002 No. 115-FZ (as amended on 09.11.2024) “On the legal status of foreign citizens in the Russian Federation” (as amended and supplemented, entered into force on 01.01.2025) // Collection of Legislation of the Russian Federation. 2002. No. 30. Art. 3032.
2. Federal Law of 02.03.2007 No. 25-FZ (as amended on 30.09.2024) “On Municipal Service in the Russian Federation” // Collected Legislation of the Russian Federation. 2007. No. 10. Art. 1152.
3. Federal Law of 29.12.2022 No. 602-FZ “On Amendments to Certain Legislative Acts of the Russian Federation” // Collected Legislation of the Russian Federation. 2023. No. 1 (Part I). Art. 49.
4. Decree of the President of the Russian Federation of August 9, 1994 No. 1668 “On the Federal Migration Program” // Collected Legislation of the Russian Federation. 1994. No. 18. Art. 2065.
5. Resolution of the Government of the Russian Federation of November 10, 1997 No. 1414 “On the Federal Migration Program for 1998-2000” // Collection of Legislation of the Russian Federation. 1997. No. 47. Art. 5406.
6. Order of the Government of the Russian Federation of March 1, 2003 No. 256-r // Collection of Legislation of the Russian Federation. 2003. No. 10. Art. 923.
7. The concept of the state migration policy of the Russian Federation for the period up to 2025, approved by the President of the Russian Federation on June 8, 2012 No. Pr-1490 // SPS ConsultantPlus.
8. Decree of the President of the Russian Federation of 05/12/2023 No. 342 “On Amendments to the Concept of the State Migration Policy of the Russian Federation for 2019 – 2025, approved by the Decree of the President of the Russian Federation of October 31, 2018 No. 622 // SPS Consultant Plus.
9. Lukoyanov P.V. Interdepartmental interaction of the Ministry of Internal Affairs of the Russian Federation with other executive bodies in the implementation of migration policy // State and municipal power in the Russian Federation: current state and development prospects: Collection of materials of the VI All-Russian scientific and practical conference dedicated to the 30th anniversary Constitution of the Russian Federation, Cheboksary, December 12, 2023. – Cheboksary: Russian University of Cooperation, 2024. – P. 102-107.
CIVIL LAW
RAENKO Elena Petrovna
student, specializing in 40.04.01 Jurisprudence within the master’s degree curriculum focused on «Justice in Civil, Administrative Matters, and Economic Disputes», West Siberian branch, Russian State University of Justice, Tomsk, consultant for the Municipal Institution «Management of Property, Urban Planning, and Land Relations of Gorno-Altaysk»
SULTANOVA Anna Alexandrovna
Ph.D. in philosophical sciences, associate professor of Civil process sub-faculty, West Siberian branch, Russian State University of Justice, Tomsk
FORMS OF INFLUENCE ON THE TRANSACTION BY THIRD PARTIES, AND DETERMINING THE LEGAL CONSEQUENCES FOR THEM
In the context of a dynamically developing economy, taking into account the growth in the number of real estate transactions on the market, an increase in the regulatory framework, and a large number of excessive and opaque administrative procedures related to the enforcement of judicial acts, the process of considering cases from the category of “invalidation of transactions” is becoming more complicated. An analysis of the legal nature of the transaction and the legal consequences of the invalidity of the transaction shows that the appearance of third parties involved in pre-contractual procedures complicates the process of dispute resolution in court on issues related to the identification of the parties involved and their legal status, which leads to difficulties in determining the legal consequences for the participants. The author examines the forms of third-party influence and the possibilities of determining the legal consequences associated with it.
Keywords: transaction; consequences of the invalidity of the transaction; administrative procedures, pre-contractual processes.
Article bibliography
1. Lebedev V. M. On the concept of a transaction in the Civil Code of the Russian Federation // Bulletin of Tomsk State University. – 2012. – No. 361. – P. 115-116. – ED№ PBXLPJ.
2. Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation Review of the practice of resolving cases related to the invalidation of public auctions held within the framework of enforcement proceedings dated 22.12.2005 No. 101 // Bulletin of the Supreme Arbitration Court of the Russian Federation.– 2006. – No. 4.
3. Decision of the Arbitration Court of the Altai Republic dated January 23, 2015 on case A02-2499/2014// website of the Arbitration Court of the Republic of Altai: [database]. [Electronic resource]. – Access mode: https://kad.arbitr.ru/Card?number=A02-2499/2014 (access date 01/01/2025).
CIVIL LAW
SIZOV Grigoriy Grigorjevich
postgraduate student of State-legal disciplines and digital law sub-faculty, Moscow University for Industry and Finance “Synergy”
LEGAL ASPECTS OF TELEMEDICINE IN MODERN RUSSIA: ANALYSIS OF GAPS AND DEVELOPMENT PROSPECTS
The article is devoted to the study of the legal aspects of telemedicine in Russia, as well as the analysis of existing gaps in legislation and prospects for their elimination. The key issues related to the distribution of responsibility, protection of personal data and licensing of technological platforms are considered. A comparative analysis of Russian and foreign experience in the field of legal regulation of telemedicine is provided. The author suggests areas for improving the regulatory framework to create a safe and effective system for the provision of medical services using modern technologies.
Keywords: telemedicine, legal regulation, medical services, personal data protection, digitalization of healthcare, regulatory framework, doctor’s responsibility, telemedicine standards, Russia, international experience.
Article bibliography
1. Varyushin M. S. Legal regulation of telemedicine in Russia and the EU: two steps forward and one back // Law. – 2018. – No. 1. – P. 165-174. [Electronic resource]. – Access mode: https://www.garant.ru/article/1204651/ (date of access: 20.01.2025).
2. Elizarova Yu. Doctor online: legal aspects of telemedicine in Russia // GARANT.RU. 2020. [Electronic resource]. – Access mode: https://www.garant.ru/article/1405237/ (date of access: 20.01.2025).
3. Ivanova A. Telemedicine: legal regulation // BRACE. 2021. [Electronic resource]. – Access mode: https://brace-lf.com/informaciya/farmatsevticheskoe-i-meditsinskoe-pravo/telemeditsina-pravovoe-regulirovanie (date of access: 20.01.2025).
4. Nazarova N. A., Valueva N. I. Problems of legal regulation of telemedicine in the context of digitalization of healthcare in Russia // Bulletin of St. Petersburg University. – 2020. – Vol. 11. – Pp. 544-561. [Electronic resource]. – Access mode: https://lawjournal.spbu.ru/article/view/7447 (date of access: 20.01.2025).
5. Popova A. V. Telemedicine in Russia and abroad: on the issue of legal regulation // Bulletin of Moscow State Pedagogical Univ. – 2019. – No. 1 (33). – P. 53-60. [Electronic resource]. – Access mode: https://lawbulletin.mgpu.ru/2019/03/29/telemediczina-v-rossii-i-za-rubezhom-k-voprosu-o-pravovom-regulirovanii/ (date of access: 20.01.2025).
6. Putilo N. V., Volkova N. S. Telemedicine: the needs of society and the possibilities of legislation // Journal of Russian Law. – 2018. – No. 6 (258). – P. 124-135. [Electronic resource]. – Access mode: https://www.garant.ru/article/1204590/ (date of access: 20.01.2025).
7. Sokolenko N. N., Bagnyuk D. V. Professional standards in healthcare: some aspects // Medical law. – 2017. – No. 2 (72). – P. 22-26. [Electronic resource]. – Access mode: https://www.medpravo.ru/articles/standards-in-healthcare (date of access: 20.01.2025).
8. Shablova E. G., Zhevnyak O. V., Li Chan. Problems of legal regulation of the provision of medical services (on the example of the Russian Federation and the PRC) // Bulletin of Economics, Law and Sociology. – 2018. – P. 123-130. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-pravovogo-regulirovaniya-okazaniya-meditsinskih-uslug-na-primere-rf-i-knr (date of access: 20.01.2025).
9. Blagodareva M. S., Grigoriev I. V., Martirosyan S. V. Legal regulation of the provision of medical care using telemedicine technologies by regulatory acts of the Russian Federation // Medical law. – 2022. – No. 2. – P. 45-52. [Electronic resource]. – Access mode: https://medpravo.ru/articles/telemedicine-regulations (date of access: 20.01.2025).
10. Morozov S. P., Vladzimirsky A. V., Varyushin M. S., Aronov A. V. Distribution of responsibility for poor quality medical care when using telemedicine technologies // Medical law. – 2018. – No. 1. – P. 34-40. [Electronic resource]. – Access mode: https://medpravo.ru/articles/liability-in-telemedicine (date of access: 01/20/2025).
CIVIL LAW
TAGAEV Andrey Alexandrovich
postgraduate student of Public law sciences sub-faculty, Moscow City Pedagogical University
CITIZENS’ RIGHTS PROTECTION IN OVERDUE DEBT REFUND
The article describes the stages of implementation of legal relations in the Russian Federation between natural persons, who have missed payment, and collection agencies, credit and microfinance organizations. The article proposes to improve financial literacy of citizens, to legislate employment of the debtor and to increase responsibility for putting excessive pressure on a debtor by collection organizations.
Keywords: collector, violation of citizens’ rights, stages of development, arrearage.
Article bibliographic list
1. Dugina O. M. Causes and conditions contributing to the emergence of collection activities in the Russian Federation: historical aspect // Evolution of the state and law: problems and prospects. – Kursk: South-West State University, 2020. – P. 105-108.
2. Teplitsky D. V. Interaction of SRO NAPCA with government bodies in the process of combating the activities of “gray” collectors // Academic Thought. – 2018. – No. 3. – P. 34-36.
CIVIL LAW
TIAN Jiachi
student, Heihe University
HE Zhendong
senior lecturer, Heihe University
JIANG Dan
associate professor, Heihe University
THE STUDY OF THE INFLUENCE OF THE FORMATION OF A CULTURE OF THE RULE OF LAW IN UNIVERSITIES ON THE DEVELOPMENT OF LEGAL LITERACY OF STUDENTS
In this article, the influence of the formation of a culture of the rule of law in universities on the development of students’ legal literacy has been studied. It has been discussed that the formation of a culture of the rule of law in colleges and universities can effectively increase the awareness of college students about the rule of law, as well as their legal knowledge. At the same time, the article highlights the current problems of forming a culture of the rule of law in universities, namely: insufficient educational resources, the gap between education in the field of the rule of law and subject specialization, a single form of education. Measures to solve the stated problems are proposed: strengthening the teaching staff, optimizing the curriculum for teaching the rule of law, and using diversified educational forms. Diversified forms of education can better meet the different needs and interests of students, and improve the quality and effectiveness of the rule of law education.
Keywords: students, education, training, legal culture, rule of law, educational resources.
Bibliographic list of articles
1. Huasong E. Complex issues and ways of forming the belief in the rule of law of university students // Educational commentary. – 2020. – No. 7.
2. Li Li. Reasoning on the formation of belief in the rule of law in the minds of students // Legal readings. – 2020. – No. 6.
3. Liang Minyan. Theory of the rule of law in China // Bulletin of Moscow University. – 2010. – No. 4. – P. 61-69.
4. Pronina M. A. Legal culture in China, Russia and Great Britain: concept, content, interaction // Bulletin of Volgograd State University. – 2012. – No. 1. – P. 1-4.
5. Pushkina L. G. Modern trends in the development of legal culture among university students // East European scientific journal. – 2023. – No. 3-1 (88). – P. 34-37.
6. Zhao Yinghui. Reasoning about the formation of beliefs in legal matters among students // Research in the field of education. – 2015. – No. 2.
CIVIL LAW
FILYAKOV Ruslan Alexeevich
postgraduate student of Civil law and process and private international law, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia Law Institute
THE IMPORTANCE OF PREVENTIVE PROTECTION MEASURES IN THE SYSTEM OF CIVIL LAW METHODS OF PROTECTION
The article examines the place of preventive protection measures in the system of civil law methods of protection. The author examines the approaches to understanding preventive measures contained in the legal doctrine. The researcher demonstrates the lack of a well-established approach to preventive protection measures. The article substantiates the impossibility of attributing preventive protection measures to liability measures, and also proves the special autonomous nature of preventive protection measures. The author suggests considering preventive protection measures from the point of view of classifying protection methods into jurisdictional and non-jurisdictional
Keywords: obligation, tort, method of protection, preventive measures of protection, civil legislation.
Article bibliography
1. Braginsky M. I., Vitryansky V. V. Contract law. General provisions. Moscow: Statut, 2001. – Book 1. – 848 p.
2. Brinykh E. V. Operational sanctions – a form of civil liability // Soviet state and law. – 1969. – No. 6. – P. 65-70.
3. Civil law: textbook: in 2 volumes / S. S. Alekseev, O. G. Alekseeva, K. P. Belyaev et al.; ed. B. M. Gongalo. – M.: Statut, 2018. – Vol. 1. – 528 p.
4. Gribanov V. P. Implementation and Protection of Civil Rights: Monograph. – M.: Statut, 2022. – 141 p.
5. Jourdain P. Principles of Civil Liability // Bulletin of Civil Law. – 2021. – No. 4. – P. 212–241.
6. Ivanchak A. I. Civil Law of the Russian Federation: General Part. – M.: Statut, 2014. – 268 p.
7. Ioffe O. S. Law of Obligations. – M.: Jurid. lit., 1975. – 880 p.
8. Karkhalev D. N. Mechanism of civil-legal regulation of security relations. – M.: Infotropic Media, 2022. – 892 p.
9. Krasavchikov O. A. Civil liability // Soviet civil law: textbook: in 2 volumes. – Vol. 1 / Ed. O. A. Krasavchikov. – M.: Vysshaya shkola, 1985. – 544 p.
10. Krasavchikov O. A. Responsibility, protective measures and sanctions in Soviet civil law // Categories of civil law science: selected works: in 2 volumes. – M.: Statut, 2005. – Vol. 2. – Pp. 255-268.
11. Latypov D. N. The system of methods for protecting civil rights in the Russian Federation: author’s abstract. diss. … doctor of law. – Ulyanovsk, 2022. – 38 p.
12. Em V. S., Zenin I. A., Kozlova N. V. et al. Russian civil law: textbook: in 2 volumes / Ed. E. A. Sukhanov. – 2nd ed., stereotype. – M.: Statut, 2015. – V. 1. General part. Property law. Inheritance law. Intellectual rights. Personal non-property rights. – 958 p.
13. Senotrusova E. V. Prohibition, suspension and restriction of activities as measures of civil liability: dis. … candidate of legal sciences. – Perm, 2023. – 191 p.
14. Sinaisky V. I. Russian civil law. – M.: “Statut”, 2002. – 636 p.
15. Rachel Armitage, Ken Pease Draining the Swamp while Fighting off the Alligators: Crime Prevention in an Epoch of Contraction // Policing: A Journal of Policy and Practice. – 2019. – Vol. 13. – Issue 3. – P. 259-262.
CIVIL LAW
CHERNOMORDOV Oleg Maximovich
postgraduate student, Saint Petersburg University of Management Technologies and Economics
THE IMPORTANCE OF LEGAL REGULATION OF SPECIAL ECONOMIC ZONES FOR THE DEVELOPMENT OF PRIVATE LAW RELATIONS
The relevance of the article lies in the fact that in the conditions of modernization of the economy, taking into account the subsequent pandemic and the participation of the Russian Federation in the SVO, special economic zones can become a support for the development of the economy. Determining the content of legal regulation for special economic zones (hereinafter – SEZ) is able to determine the content of legal regulation for effective activity in the SEZ. The essence of the study is to determine the significance of the legal regulation of the SEZ as a key tool for stimulating the development of private legal relations as applied to private legal entities. The purpose is to determine the meaning of legal regulation specifically for private legal entities. As part of the task, an analysis of legal norms and doctrine was carried out. The hypothesis is that the importance of legal regulation of special economic zones for private subjects differs from the importance attached to the state as a subject of legal relations. This is the comparative legal method, the method of analysis and synthesis. As a result of the research, the author comes to the conclusion that the main importance of the legal regulation of the SEZ is to establish legal guarantees for private legal subjects, which is different from the meaning determined for the state.
Keywords: special economic zones, legal regulation, state, entities, private law relations, law, lease, advantages, incentives, entrepreneurship, residents, economy, significance, norms.
Bibliographic list of articles
1. Federal Law of 22.07.2005 No. 116-FZ (as amended on 23.11.2024) “On Special Economic Zones in the Russian Federation” (as amended and supplemented, entered into force on 01.01.2025) // RG. – 2005. – No. 162.
2. Resolution of the Government of the Russian Federation of 21.12.2005 No. 781 “On the establishment of a special economic zone of a technology implementation type on the territory of Dubna (Moscow Region)” // Collected Legislation of the Russian Federation. – 2005. – No. 52 (part 3). – Art. 5744.
3. Danko T. P., Okrut Z. M. Free economic zones in the world economy: textbook. manual. – M., 1998. – P. 15-16.
4. Aliev A., Bazedov Yu., Bardina M. P., et al. Modern international private law in Russia and the European Union: monograph / Ed. by M. M. Boguslavsky, A. G. Lisitsyn-Svetlanov, A. Trunk. – M.: Norma, 2013. – Book 1. – 656 p.
5. Customs Code of the Eurasian Economic Union (as amended on 29.05.2019, as amended on 18.03.2023) (Appendix No. 1 to the Treaty on the Customs Code of the Eurasian Economic Union). [Electronic resource]. – Access mode: Access from the reference and legal system Garant”.
6. Federal Law of November 30, 2011 No. 365-FZ (as amended on August 4, 2023) “On Amendments to the Federal Law “On the SEZ in the Russian Federation” and Certain Legislative Acts of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system ConsultantPlus.
7. Boykova T. How Russian business uses different jurisdictions within the country to optimize taxation // Administrative law. – 2021. – No. 2. – P. 29-34.
8. Khasyanov R. Z. Socio-political purpose of the institution of transfer of state powers to organizations: attracting expert knowledge and improving the quality of public services // Constitutional and municipal law. – 2020. – No. 11. – P. 12-16.
9. Semina A. G. Prospects for the Development of Special Economic Zones in the Russian Federation // Economy and Business: Theory and Practice. – 2022. – No. 4-2. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perspektivy-razvitiya-osobyh-ekonomicheskih-zon-v-rossiyskoy-federatsii (date of access: 02/09/2025).
10. Dragunov E. V., Elesina M. V., Rashkeeva I. V. The Importance of Special Economic Zones in the Modernization of the Russian Economy on the Example of the Titanium Valley // Bulletin of the State University of Management. – 2014. – No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/znachenie-osobyh-ekonomicheskih-zon-v-modernizatsii-ekonomiki-rossii-na-primere-titanovoy-doliny (date of access: 09.02.2025).
CIVIL LAW
KHUZZYATOV Arthur Arslanovich
LLM (St.SU, University of Edinburgh), postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia, Director of the Legal Department, Public joint-stock company «BANK URALSIB»
EVOLUTION OF ARTICLE 2.1.14 OF THE UNIDROIT PRINCIPLES ON A CONTRACT WITH TERMS DELIBERATELY LEFT OPEN
The article deals with the history of development and subsequentamendment of Article 2.1.14 of the UNIDROIT Principles on a contract with terms deliberately left open. Two key stages are highlighted: the first one took place before the adoption of the first version of the Principles, when the developers completely changed the ideology of the provision; the second one occurred recently, in 2016, when a new way of defining open terms was added to the article. It is shown how the study of the evolution of Article 2.1.14 of the UNIDROIT Principles allows us to take a new look at contracts with open terms, enshrined in 2015 in Article 429.1 of the Civil Code of the Russian Federation.
Keywords: contract with terms deliberately left open, contracts with open terms, framework contracts, Article 429.1 of the Civil Code of the Russian Federation, contract conclusion, unilateral determination of contract terms, UNIDROIT Principles.
Bibliographic list of articles
1. Avtonova, E. D., Astapenko, P. A., Boreysho, D. V., Do, M. Yu., Mal’shakov, A. A., Mymrin, V. A., Nikulushkina, A. S., Papilin, I. I., Romanova, O. I., Khodasevich, L. S. Commentary on the Resolution of the Plenum of the Supreme Court of the Russian Federation of 25.12.2018 N 49 “On Certain Issues of the Application of General Provisions of the Civil Code of the Russian Federation on the Conclusion and Interpretation of an Agreement” // Bulletin of Economic Justice of the Russian Federation. 2019. – No. 9. – P. 68-118. – No. 10. – P. 137-191; – No. 11. – P. 71-125.
2. Baron Yu. The System of Roman Civil Law: in 6 books. − St. Petersburg: Aslanov, Legal Center Press, 2005. − 1100 p.
3. Civil Law: textbook: in 4 volumes. Vol. 3 / Ed. by Dr. of Law, Professor E. A. Sukhanov. – 3rd ed., revised and enlarged. – Moscow: Statut, 2023. – 524 p.
4. Gruzdev, V. V. Framework agreements in civil law // Law and Economics. – 2019. – No. 11 (381). – P. 63-67.
5. Contract law (general part): article-by-article commentary to Articles 420-453 of the Civil Code of the Russian Federation. [Electronic publication. Edition 2.0] / Ed. by A. G. Karapetyan. – Moscow: M-Logos, 2020. – 1425 p.
6. Koblov A. S. Framework agreement and agreement with open terms as complex contractual structures // Law. – 2013. – No. 1. – P. 133-140.
7. Komarov, A. S. Principles of international commercial contracts UNIDROIT 2016. – Moscow: Statut, 2020. – 770 p.
8. Model rules of European private law / Trans. from English; Scientific ed. N. Yu. Rasskazova. Moscow: Statut, 2013. Access from the reference and legal system “ConsultantPlus”.
9. Raynikov A. S. Framework agreement: commentary to the commentary // Bulletin of civil law. – 2019. – No. 5. – P. 186-202.
10. Rusakova E. P., Khuzzyatov A. A. Artificial intelligence as a mechanism for filling open contract terms // Eurasian Law Journal. – 2023. – No. 7 (182). – P. 179-184.
11. Rusakova E. P., Frolova E. E. On the effectiveness of resolving digital disputes through arbitration in England and Wales // State and Law. – 2024. – No. 1. – P. 179-187.
12. Frolova E. E., Berman A. M. Methods of expression of the will of the parties in the context of digital transformation: current trends in law enforcement // Law. Journal of the Higher School of Economics. – 2024. – No. 3. – P. 57-83.
13. Khuzzyatov A. A. Open-ended contracts in Scotland: a comparative legal perspective // Jurisprudence. – 2023. – Vol. 67, No. 2. – Pp. 174-202.
14. Khuzzyatov A. A. Framework contract (open-ended contract) // Petersburg Civilistics 2.1: Collection of works by graduates of the Civil Law Department of St. Petersburg State University [Electronic publication] / Comp. and ed. by A. A. Pavlov. – Moscow, 2020. – Pp. 284-304.
15. Bonell M. J. An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts. Third edition. – Ardsley, N.Y: Transnational Publishers, 2005.
16. Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) / S. Vogenauer, J. Kleinheisterkamp (eds.). – Oxford; N.Y., 2009.
17. Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) / Ed. by S. Vogenauer. 2nd ed. – Oxford: Oxford University Press, 2015.
18. Dannemann, G., Schulze, R. German Civil Code = Bürgerliches Gesetzbuch (BGB). – München: C. H. Beck, 2020.
19. Gulati, R., et al. The Elgar Companion to UNIDROIT. Edited by Rishi Gulati et al., Edward Elgar Publishing, 2024.
20. Köhler B. Long-Term Contracts in the 2016 Unidroit Principles of International Commercial Contracts. In The Elgar Companion to UNIDROIT, 151-64. – Cheltenham, UK: Edward Elgar Publishing, 2024. – P. 156.
CIVIL LAW
SHAYDULLIN Rimnur Marsovich
postgraduate student of Civil and business law sub-faculty, University of Management “TISBI”
THE USE OF INTELLIGENT SYSTEMS TO IDENTIFY COPYRIGHT INFRINGEMENTS IN A DIGITAL ENVIRONMENT
This article aims to analyze the legal issuects of the use of AI in the context of copyright protection, to reveal the possibilities and limitations of such technologies, as well as to study their compliance with the norms of the legislation of the Russian Federation. The relevance of this study is determined by the fact that traditional methods of detecting unauthorized use of intellectual property objects based on manual monitoring demonstrate their inefficiency in conditions of huge volumes of daily published content. In this regard, the potential of intelligent systems, in particular, artificial intelligence (AI) technologies, for automating procedures for detecting and suppressing violations is attracting increasing attention from specialists and researchers.
Keywords: artificial intelligence, copyright, intellectual property law, copyright protection.
Bibliographic list of articles
1. Morgunova E. A., Shakhnazarov B. A. Intellectual property rights in the development of new technologies: monograph. – M.: Norma, INFRA-M, 2023. – P. 9.
2. Morhat P. M. Intellectual Property Law and Artificial Intelligence: monograph. – M.: Unity-Dana, 2018. – P. 51.
3. Novoselova L. A. Intellectual Property Law. – Vol. 1. General Provisions: textbook / Under the general editorship of Doctor of Law, Professor L. A. Novoselova. – M.: Statut, 2017. – P. 364.
4. Shitkina I. S., Biryukov D. O. Artificial Intelligence: Legal Aspects // Law and Economics. – 2023. – No. 11. – P. 5-14.
5. Shitkina I. S., Biryukov D. O. Artificial Intelligence: Legal Aspects // Law and Economics. – 2023. – No. 12. – P. 5-15.
6. Shumakova N. I., Lloyd Jordan J., Titova E. V. Towards legal regulation of generative AI in the creative industry // Journal of Digital Technologies and Law. – 2023. – No. 1 (4). – pp. 880-908.
CIVIL LAW
SHCHAVELEV Alexander Viktorovich
postgraduate student, Faculty of Law, Moscow University for industry and finance “Synergy”
FEATURES AND PROBLEMS OF USING SMART CONTRACTS
The article discusses the features and problems of using smart contracts in the Russian Federation. The current state of the legislation of the Russian Federation is analyzed and its assessment is given. The purpose of the study is to analyze the legislation of the Russian Federation regarding smart contracts, identify problems and suggestions for their solution. The result of the analysis is presented in the form of a qualitative definition of smart contracts and their features, highlighted advantages, as well as problematic aspects of smart contracts. The analysis makes it possible to determine the dynamics of the development of legislation in this area and identify problematic issues.
Keywords: smart contract, blockchain, digital rights, distributed registry, digitalization, contract.
Article bibliography
1. Civil Code of the Russian Federation (part one) of November 30, 1994 No. 51-FZ (as amended on March 11, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Fazlieva L.K., Rakhimov E.Kh. Smart contract in civil law circulation // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (92). – P. 52-57.
3. Zakharkina A. V. Smart contract in the context of the formation of the regulatory platform of the digital economy ecosystem of the Russian Federation // Bulletin of Perm University. – 2020. – No. 47. – P. 66-82.
4. Bogdanova E. E. Problems of applying smart contracts in transactions with virtual property // Lex russica (Russian law). – 2019. – No. 7 (152). – pp. 108-118.
CIVIL LAW
LILUASHVILI Mariam Grigorjevna
postgraduate student of Civil law and process and private international law sub-faculty, Patrice Lumumba Peoples’ Friendship University of Russia
THE HISTORY OF THE FORMATION OF THE INSTITUTION OF THE MARRIAGE CONTRACT IN THE RUSSIAN FEDERATION AND THE USA
The article is devoted to the consideration of historical aspects of the formation of the institution of the marriage contract in the Russian Federation and the United States of America. The purpose of the study is to determine the formation and development of a marriage contract in two different legal systems, which will help to use foreign experience to improve the institution of a marriage contract in Russia. The paper focuses on the prerequisites for the formation of the institution of the marriage contract in Russia, its development at the present stage. When analyzing a prenuptial agreement in the United States, it is compared with the Russian approach in this area. The following conclusions were made during the study: 1) The prerequisites for the emergence of theinstitution of the marriage contract in Russia quite a long time ago, however, there are distinctive features of the marriage contract at different historical stages. 2) The current Russian legislation makes it possible to determine the specifics of the content of the marriage contract, the legal regime of ownership at its conclusion, and the conditions of validity of this contract. 3) Consideration of the key issues of the prenuptial agreement existing in the US legal system has shown their distinctive features from the Russian approach to the legal regulation of the prenuptial agreement. 4) Some aspects of the legal regulation of the marriage contract in the United States can be used to improve Russian legislation.
Keywords: history, prenuptial agreement, family law, Russia, USA, property, spouses, rights and obligations.
Bibliographic list of articles
1. Andreeva A. S. Marriage agreement in the USA // Scientific almanac. – 2024. – No. 7-1 (117). – P. 96-98.
2. Bessmertnaya A. A. Historical analysis of the formation and development of the marriage contract in Russia // Business and society. – 2024. – No. 3 (43). – [Electronic resource]. – Access mode: https://busines-society.ru/2024/3-43-2/101_bessmertnaja.pdf (date of access: 11/28/2024).
3. Burkov I. D. Problems of law enforcement of provisions on the invalidity of a marriage contract // Issues of Russian justice. – 2023. – No. 25. – P. 72-81.
4. Buchkina A. S. Legal essence of a marriage contract in the Russian Federation and the USA: a comparative analysis // Perm period. In 3 vols. Vol. 2: collection of materials of the IX international scientific and sports festival of cadets and students of educational organizations, Perm, May 16-20, 2022. – Perm, 2022. – Pp. 174-176.
5. Erkalov R. Yu. Legal regulation of the marriage contract in Russia and the USA (using the state of California as an example) // Naukosphere. – 2020. – No. 11-2. – Pp. 316-320.
6. Zadokhina N. S. Marriage contract in Russia and in foreign countries // Modern trends in the development of social and humanitarian sciences. – Petrozavodsk: Novaya Nauka, 2021. – Pp. 39-43.
7. Kornienko E. V. Marriage contract in the Russian Federation: history of origin // XII International Student Scientific Conference “Student Scientific Forum – 2020”, Moscow, December 01, 2019 – March 06, 2020: electronic collection. – M .: Russian Academy of Sciences, 2020.
8. Panyushkina E. A., Loshkarev A. V. Marriage contract in Russia: the path to a civilized solution to marital issues // International Journal of Humanities and Natural Sciences. – 2021. – No. 1-3 (52). – P. 141-143.
9. Ponomareva I. M., Novoselova S. R. Contents of the marriage contract // Alley of Science. – 2023. – Vol. 2, No. 5 (80). – P. 1114-1118.
10. Tuzhilkina S. A. History of the formation of the institution of the marriage contract in the Russian Federation // Young scientist. – 2022. – No. 45 (440). – P. 192-194.
11. Shumova K. A., Sidorova S. V. Marriage contract: main aspects, recognition of the contract as invalid in court // Bulletin of science and practice. – 2020. – T. 6, No. 8. – P. 222-225.
CIVIL LAW
YASTREMSKIY Ivan Anatoljevich
lawyer, NGO of the Leningrad Regional Bar Association, Pelevin and Partners Law Firm branch
LEGAL FEATURES OF THE CHOICE OF STATISTICAL CODES WHEN REGISTERING A MEDICAL ORGANIZATION TO CARRY OUT ACTIVITIES IN THE FIELD OF PLASTIC SURGERY
The article examines the modern Russian system of classification of economic entities, provides a description of six statistical codes assigned by Rosstat to plastic surgery clinics. It is important for clinics to correctly declare their main code, since it is used to analyze various types of economic activity, maintain statistics on a specific type of activity and the industry as a whole. A number of all-Russian classifiers are actively used in the course of statistical analysis of the efficiency of economic sectors, the demand for classification groupings. The features of choosing and assigning the OKVED code to plastic surgery clinics are disclosed.
Keywords: statistical codes, code, medical clinic, OKVED, registration.
Article bibliography
1. Alekhine D. S. What is the All-Russian Classifier of Types of Economic Activity? // In the collection: Product quality: control, management, improvement, planning. Collection of scientific papers of the 5th International Youth Scientific and Practical Conference. 2018. P. 28-29.
2. Bury A. S., Slepyntseva L. I. Updating of All-Russian Classifiers: Status and Trends // Standards and Quality. 2018. No. 1. P. 16-21.
3. Bury A. S., Slepyntseva L. I. All-Russian Classifiers of Technical, Economic and Social Information in a Unified Information Environment // Information and Economic Aspects of Standardization and Technical Regulation. 2017. No. 1 (35). P. 78-84.
4. Zakharov G. N. All-Russianclassifiers // Bulletin of Tver State University. Series: Law. 2015. No. 4. P. 155-159.
5. Korovaitsev A. A., Sakov A. A., Slepyntseva L. I.: yesterday, today, tomorrow // Product quality control. 2014. No. 3. P. 49-54.
6. Kozyr N. S., Kovalenko V. S. Metrics of industry classification in the Russian Federation and abroad // Economic analysis: theory and practice. 2017. No. 10 (469). P. 1120-1128.
7. Morozov O. V., Vasiliev M. A. Statistics of the industry structure of the Russian economy and a model of its optimization // Statistics and Economics. 2021. No. 1. P. 176-190.
CIVIL PROCEDURE
VORONTSOVA Irina Viktorovna
Ph.D. in Law, associate professor of Civil process law sub-faculty, Kazan branch, Russian State University of Justice
RAKHMATULLINA Renata Maratovna
student, Faculty for Training Specialists for the Judiciary, Faculty of Law, Kazan branch, Russian State University of Justice
MEDIATION IN THE ALTERNATIVE DISPUTE RESOLUTION SYSTEM
The article analyzes the role of mediation in the modern system of alternative dispute resolution, considering it as an effective conflict resolution tool outside the judicial process. A comparative analysis of mediation with other methods of conflict resolution is carried out. It examines the legal basis of mediation, paying special attention to the specifics of mediation and its role in reaching agreement between the parties. The advantages and disadvantages of various alternative dispute resolution methods, their procedural features and effectiveness in various types of disputes are considered. Attention is also paid to the factors influencing the choice of a particular method.
Keywords: Mediation, civil procedure, alternative dispute resolution, mediator, negotiations, mediation, judicial reconciliation.
Bibliographic list of articles
1. Volkhova A. A. Concept and types of mediation // Scientific aspect. – 2023. – V. 13, No. 12. – P. 1612.
2. Kalashnikova S. I. Mediation in the Sphere of Civil Jurisdiction: 12.00.15 – civil procedure; arbitration procedure: dissertation for the degree of candidate of legal sciences. – Ural State Law Academy. – Ekaterinburg, 2010. – 258 p.
3. Nekrasov S. Yu., Anishina D. I. The Difference Between Mediation and Other Types of Conciliation Procedures // Glagoly of Justice. – 2020. – No. 2 (24). – P. 50-53.
4. Kudrina A. A. Differences Between Mediation and Other Types of Conciliation Procedures // Young Scientist. – 2022. – No. 45 (440). – P. 143.
CIVIL PROCEDURE
MOROZOVA Sofiya Yurjevna
postgraduate student of the procedural law department, Institute of State and Law of the Russian Academy of Sciences
POWERS AND RESPONSIBILITIES OF THE COURT AT THE STAGE OF PREPARING A CASE FOR JUDICIAL PROCEEDINGS IN ADMINISTRATIVE COURT PROCEEDINGS
This article is dedicated to the examination of the powers and responsibilities of the court at the stage of preparing a case for judicial proceedings in administrative court proceedings. The relevance of the topic is determined by the need to ensure a balance between private and public interests, as well as the reform of legislation, including the introduction of digital technologies and the expansion of the court’s evidentiary capabilities. Based on an analysis of the norms of the Administrative Procedure Code (APC) of the Russian Federation, law enforcement practices, and scholarly works, the authors propose a classification of the court’s powers, highlighting procedural-documentary, organizational-preparatory, evidentiary, protective, and discretionary aspects. Special attention is given to the court’s role in clarifying the rights of participants in the process, organizing the presentation of evidence, applying pre-emptive protection measures, and facilitating the reconciliation of the parties. The study confirms that the quality of implementation of preparatory actions by the court directly affects the adherence to the principles of adversarial proceedings, the timeliness of case consideration, and the achievement of the goals of administrative justice.
Keywords: administrative court proceedings, case preparation for judicial review, court powers, court responsibilities, Administrative Procedure Code of the Russian Federation, evidentiary powers, protective measures, procedural timelines, digitalization of justice, reconciliation procedures.
Article bibliography
1. Bonner A. T. Administrative proceedings in the Russian Federation: myth or reality, or the dispute between a proceduralist and an administrativeist // Zakon. – 2016. – No. 7. – P. 24-51.
2. Velichko M. B. Combination of claims in administrativenom proceedings // Gaps in Russian legislation. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/soedinenie-iskovyh-trebovaniy-v-administrativnom-sudoproizvodstve (date of access: 03.02.2025).
3. Ganicheva E. S. Conciliation procedures in administrative proceedings: new possibilities for dispute resolution based on an agreement of the parties // Education and Law. – 2020. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primiritelnye-protsedury-v-administrativnom-sudoproizvodstve-novye-vozmozhnosti-uregulirovaniya-sporov-na-osnove-soglasheniya-storon (date of access: 03.02.2025).
4. Guk, P. A. Expertise in administrative proceedings: concept, types, grounds for appointment / P. A. Guk // Legal technology. – 2022. – No. 16. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ekspertiza-v-administrativnom-sudoproizvodstve-ponyatie-vidy-osnovaniya-naznacheniya (date of access: 03.02.2025).
5. Pavlenko K. A. Collection of evidence: from the civil procedural form to administrative proceedings // Bulletin of the Criminal Procedure Code of the Ministry of Internal Affairs of Russia. – 2016. – No. 1 (31). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sobiranie-dokazatelstv-ot-grazhdanskoy-protsessualnoy-formy-k-administrativnomu-sudoproizvodstvu (date of access: 03.02.2025).
6. Pavlyuk Yu. B. Features of the development of digital technologies in Russian legal proceedings // Modern law. – 2020. – No. 5. – P. 60-66. – DOI 10.25799 / NI.2020.34.53.014.
7. Sirazitdinova Yu. R. Necessary (mandatory) evidence in administrative proceedings // Arbitration and civil procedure. – 2023. – No. 5. – P. 23-27. – DOI 10.18572/1812-383X-2023-5-23-27.
8. Soloviev A. A. General characteristics of the legal status of the parties to administrative proceedings // NB: Administrative law and administration practice. – 2018. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/obschaya-harakteristika-pravovogo-polozheniya-storon-administrativnogo-sudoproizvodstva (date of access: 03.02.2025).
9. Starilov M. Yu. Effectiveness of the institute of preliminary protection measures in administrative proceedings: problem statement, conditions and criteria for application, judicial practice // Bulletin of Voronezh State University. Series: Law. – 2018. – No. 2 (33). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/effektivnost-instituta-mer-predvaritelnoy-zaschity-v-administrativnom-sudoproizvodstve-postanovka-problemy-usloviya-i-kriterii (date of access: 03.02.2025).
10. Shaforostova K. I. The problem of enshrining in the Code of the Russian Federation on Administrative Offenses the norms on participation in a court hearing via videoconferencing // Concept. – 2019. – No. 11. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problema-zakrepleniya-v-kodekse-rossiyskoy-federatsii-ob-administrativnyh-pravonarusheniyah-norm-ob-uchastii-v-sudebnom-zasedanii (date of access: 03.02.2025).
CIVIL PROCEEDINGS
SEDYKH Nikolay Petrovich
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint Petersburg, Full State Councilor of the Russian Federation, 3rd class
CHERKAS Dmitriy Sergeevich
student of the 4th course of the full-time, Faculty of Law, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint Petersburg
BYKOV Danila Antonovich
student of the 4th course of the full-time, Faculty of Law, Northwestern Institute of Management, Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Saint Petersburg
TERRITORIAL ORGANIZATION OF LOCAL SELF-GOVERNMENT IN THE SYSTEM OF PUBLIC AUTHORITY
This article examines the territorial organization of local self-government. In turn, it is worth noting that local self-government itself is one of the significant elements for the existence and development of a democratic state. The role of local self-government is to ensure decent and high-quality conditions for the life, health and activities of every citizen of the Russian Federation and the general population. Thus, local self–government is called upon to ensure the realization of one of the fundamental human and civil rights enshrined in article 7 of the Constitution of the Russian Federation – the right to a decent human life.
Keywords: local government, territorial organization, municipalities, solving issues of local importance, efficiency.
State Biblegraphical list
1. The Constitution of the Russian Federation taking into account the new subjects of the Russian Federation 2. Federal Law “On General Principles of Organization of Local Self-Government in the Russian Federation” with amendments and additions for 2024. – Moscow: Eksmo, 2024. – 160 p. – (Laws and codes).
2. Law of the Russian Federation on amendments to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of organization and functioning of public authority”.
3. Channov S. E. Municipal law: textbook and workshop for universities. – 5th ed., revised. and additional. – Moscow: Publishing house Yurait, 2025. – 307 p. – (Higher education). – ISBN 978-5-534-16104-5. – Text: electronic // Educational platform URAYT [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/560166 (date of access: 10.01.2025).
4. Vilensky A. V. Fundamentals of Russian local self-government: closer to reality // Economy: yesterday, today, tomorrow. – 2022. – Vol. 12, No. 2A. – P. 32-40. DOI: 10.34670/AR.2022.59.31.004 (date of access: 10.01.25).
CIVIL PROCEEDINGS
SIGAEVA Tatyana Adamovna
Ph.D. in Law, associate professor, associate professor of Civil law disciplines sub-faculty, Belarusian State University of Economics
LEGISLATION AS A SOURCE OF LEGAL REGULATION OF CIVIL PROCEEDINGS IN THE REPUBLIC OF BELARUS
The article is devoted to the definition of legislative acts that are sources of legal regulation of civil proceedings, taking into account the unification of civil procedural legislation in the Republic of Belarus. The article considers the approaches of the member states of the Commonwealth of Independent States to the establishment of sources of civil proceedings in civil procedural codes, as well as the opinions of scientists on this issue. Using the system-structural method, civil proceedings are analyzed, the idea is discussed that the sources of legal regulation of civil proceedings, in addition to legislative acts and international treaties of the Republic of Belarus, also include acts of the subordinate level. Proposals are being made for the development of Belarusian legislation.
Keywords: civil proceedings, civil procedure, legislation on civil proceedings, sources of legal regulation, sources of civil procedural law, forms of consolidation of procedural norms
Bibliographic list of articles
1. Bolokhonov B. S. Unification of types of legal proceedings in civil and economic cases: dis. … Cand. of Law: 12.00.15; Belarusian State University – Minsk, 2024. – 182 p.
2. Belova T. A., Verkhovodko I. I., Danilevich A. A. [et al.]. Civil procedure. General part / Under the general editorship of T. A. Belova, I. N. Kolyadko. – Minsk: Belarusian state. University, 2020. – 379 p.
3. Kamenkov V. S. Business process: a tutorial. – Minsk: Knizhny Dom, 2005. – 320 p.
4. Papkov B. Systems theory and systems analysis for electric power engineers. Relationships between elements // B. Papkov, A. Kulikov. [Electronic resource]. – Access mode: https://studme.org/214694/tehnika/svyazi_elementami (date of access: 12.12.2024).
5. Semenov V. M. [et al.]. Civil proceedings: a tutorial. – Sverdlovsk: Sverdlovsk. legal. in-t, 1974. – 323 p.
6. Slepchenko E. V. Civil proceedings. – SPb.: Legal center Press, 2011. – 496 p.
7. Fursov D. A., Kharlamova I. V. Theory of justice in a brief three-volume presentation on civil cases. – M.: Statut, 2009. – T. 1: Theory and practice of organizing justice. – 522 p.
8. Chechina N. A. The system of civil procedural law and systematization of legislation // News of higher educational institutions. Jurisprudence. – 1984. – No. 2. – P. 27-35.
CIVIL PROCEDURE
SYCHEVA Darya Alexeevna
magister student (judicial, executive, notary and law practice), Samara State University of Economics, assistant judge of the Sixth Court of Cassation of General Jurisdiction
KAZANKOVA Tatyana Nikolaevna
Ph.D. in pedagogical sciences, associate professor of Civil and arbitration process sub-faculty, Samara State University of Economics
PROSPECTS FOR THE DEVELOPMENT OF SIMPLIFIED PRODUCTION IN THE CIVIL PROCEDURE OF THE RUSSIAN FEDERATION
In the article, the author analyzes the concept and legal regulation of simplified proceedings in civil proceedings. The problems faced by courts of general jurisdiction when considering civil cases in a simplified manner are investigated. The author also examines the current state and prospects for the development of the use of simplified proceedings in domestic civil proceedings. Possible ways of applying and developing methods of electronic communication and artificial intelligence in the framework of civil proceedings are proposedd, as well as changes that need to be made to Russian civil procedure legislation in terms of simplified proceedings. The changes proposed by the author are relevant and can be successfully applied by courts of general jurisdiction when considering civil cases in a simplified manner, provided they are adopted at the legislative level.
Keywords: civil procedure, legal proceedings, simplified production, electronic document management, information technology
Article bibliographic list
1. Civil Procedure Code of the Russian Federation of 14.11.2002 No. 138-FZ (as amended on 26.10.2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
2. Federal Law of 02.03.2016 No. 45-FZ “On Amendments to the Civil Procedure Code of the Russian Federation and the Arbitration Procedure Code of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
3. Federal Law of 12.06.2024 No. 135-FZ “On Amendments to the Civil Procedure Code of the Russian Federation”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
4. Federal Law of 08.08.2024 No. 259-FZ “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation on Taxes and Fees”. [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus” (date of access: 05.11.2024).
5. Bakhareva O. A. Introduction of Simplified Proceedings in Civil Procedure – Optimization of Consideration and Resolution of Civil Cases // Issues of Modern Jurisprudence. – 2016. – No. 5 (56). – P. 22-27.
6. Loshkarev A. V., Sadchikova A. A., Peshkova D. A., Rzhevskaya A. A. Problems of practical application of simplified proceedings in civil proceedings // Questions of Economics and Law. – 2024. – No. 5 (191). – P. 27-31.
CIVIL PROCEEDINGS
VORONTSOVA Irina Viktorovna
Ph.D. in Law, associate professor of Civil process law sub-faculty, Kazan branch, Russian State University of Justice
KOLOBYNINA Ekaterina Alexeevna
student, Faculty of Training Specialists for the Judicial System, Faculty of Law, Kazan branch, Russian State University of Justice.
DIGITAL TECHNOLOGIES AS A FACTOR IN STRENGTHENING THE INDEPENDENCE OF JUDGES
This article is devoted to the study of the positive aspects of the impact of digitalization on the principle of judicial independence. It analyzes the possibilities of using digital technologies to increase the objectivity of judicial decisions, minimize the influence of the human factor, reduce corruption risks and ensure greater transparency of judicial activities. Special attention is paid to the potential of digital tools to protect judges from external pressure and harmful interference, ensure the security of judicial information and improve the effectiveness of justice. In the article, the authors reveal the position that, with the right and responsible approach, digitalization can become an effective tool for strengthening the independence of the judiciary and increasing confidence in justice in the digital age.
Keywords: openness of judicial proceedings, independence of judges, corruption, influence on judges, civil procedure, impartiality.
Article bibliography
1. Akhmerov R. A. On the procedure for distributing cases between judges in courts of general jurisdiction // Prospects for the development of civil procedural law. Collection of materials from the IV International scientific and practical conference dedicated to the 90th anniversary of the SYU-SSLA. 2020. Pp. 48-51.
2. Dolzhenko A. N. Electronic document management in courts and prospects for its improvement // Russian justice. 2020. No. 1. P. 47-63.
3. HSE Research. – [Electronic resource]. – Access mode: http/www.rbc.ru/ (date accessed: 11.01.2025).
4. Kuznetsov A. A., Gritsenko V. D. Problems and Prospects for the Development of Electronic Justice // Naukosphere. 2022. No. 4-1. P. 208-212.
5. Smola A. A. Current Issues of Implementing the Principle of Publicity of Trial in Arbitration Courts of the Russian Federation // Bulletin of Civil Procedure. 2012. No. 5. P. 47-77.
6. Chuvakhin P. I. Legal Issues of the Functioning of the Electronic Justice System // Economy. Law. Society. 2021. Vol. 6. No. 2 (26). pp. 90-95.
CIVIL PROCEDURE
NEYASOVA Valeriya Alexandrovna
competitor of Civil process sub-faculty, lecturer of Arbitration process, advocacy and notariat sub-faculty, Saratov State Law Academy
SUBJECTIVE COMPOSITION OF CASES ON THE PROTECTION OF COLLECTIVE INTERESTS IN CIVIL PROCEEDINGS: A QUANTITATIVE CRITERION
The article examines the subject composition of civil cases initiated by filing and accepting a statement of claim in defense of the rights and legitimate interests of a group of persons, and highlights its features related to the number of group members. A distinction is made between procedural complexity and plurality of persons on the plaintiff’s side when protecting a collective interest in civil proceedings. The author substantiates the position that a more flexible approach should be used when determining the minimum number of members of a group of persons who must join the statement of claim.
Keywords: class action, collective interest, subject of civil procedural legal relationship, procedural complicity, plurality of persons, group of persons.
Article bibliography
1. Aliyeskerov M. A. Class action in adversarial civil proceedings: procedural limits and restrictions // Bulletin of civil process. – 2022. – No. 6.
2. Afanasyev S. F., Vikut M. A. Civil procedural law of Russia: Textbook for bachelor’s and master’s degrees / Ed. S. F. Afanasyev. – M.: Yurait, 2015.
3. Civil procedural law: textbook: in 2 volumes / T. K. Andreeva, S. F. Afanasyev, V. V. Blazheev et al.; edited by P. V. Krasheninnikov. – 2nd ed., revised and enlarged. – M.: Statut, 2022. – V. 1. – 550 p.
4. Civil procedure: textbook / Responsible. editor V. V. Yarkov. – 8th ed., revised and enlarged. – M., 2012. – P. 82.
5. Dolganichev V. V. Procedural features of initiation and preparation of cases in group proceedings: comparative legal aspect: dis. … candidate of legal sciences: 12.00.05. – Yekaterinburg, 2015.
6. Kolotov V. A. Protection of rights and legitimate interests of a group of persons in civil and arbitration proceedings: dis. … candidate of legal sciences: 12.00.05. – M., 2021.
7. Neyasova V. A. Comparative legal analysis of the regulatory framework for protecting the rights and legitimate interests of a group of persons in civil and arbitration proceedings // Bulletin of the Saratov State Law Academy. – 2024. – No. 6.
8. Staritsyn A. Yu. Class actions in civil proceedings // Russian judge. – 2024. – No. 3.
9. Timofeev Yu. A. Class actions: development prospects // Electronic supplement to the Russian legal journal. – 2018. – No. 2. – P. 88-99.
10. Shakaryan M. S. The concept of subjects of Soviet civil procedural law and legal relations and their classification // Lex Russica (Russian law). – 2004. – Vol. 63, No. 1. – P. 19-116.
11. Yarkov V. V. Class actions in civil proceedings: issues of law enforcement // Bulletin of civil procedure. – 2021. – No. 5.
CIVIL PROCEDURE
PESTOVA Kseniya Alexeevna
postgraduate student, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
IMPLEMENTATION OF THE PRINCIPLE OF OPENNESS OF THE CIVIL PROCESS IN THE CONTEXT OF THE DEVELOPMENT OF THE WEB CONFERENCE SYSTEM
One of the elements of the digitalization of justice has become the opportunity to participate in a court session through a web conference system. The institution is the first step towards the creation of digital courts in the Russian Federation. However, the initial innovations cause a number of problems in practice that negatively affect the principle of openness of the civil process. The purpose of the study is to consider the specifics of the implementation of the principle of openness of the civil (arbitration) process in the context of the development of a web conference system. As a result of the research, the author comes to the conclusion that insufficient elaboration of Russian legislation at the initial stage of the implementation of the digital courts system negatively affects the implementation of the principle of openness of the civil (arbitration) process. The legislation of the Russian Federation and judicial practice do not allow us to unambiguously answer the question of the possibility of remote participation in a court session as a listener via a web conference. This makes it impossible to account for remote listeners as an additional guarantee of the publicity of the trial. In addition, the lack of a developed remote monitoring mechanism limits the principle of openness in times of crisis. The British experience shows that the introduction of a remote monitoring mechanism is possible. However, it must be borne in mind that remote access is provided solely on applications with a thorough assessment by the court according to the criteria proposed in the law, and streaming is unacceptable.
Keywords: openness principle, information technology, web conference system, listener
Article bibliographic list
1. Rusakova E. P. Robotization of Civil Proceedings: Reality or Future // Smart Innovation, Systems and Technologies. – 2022. – Vol. 288. – P. 211-217. – DOI 10.1007/978-981-16-9808-8_23. – EDN SUEXWX.
2. Solovieva T. V. Publicity of judicial proceedings in the context of a pandemic // Bulletin of SSLA. – 2021. – No. 6 (143). – P. 152-156. EDN: MJIIRW DOI: 10.24412/2227-7315-2021-6-152-156.
3. Gajda-Roszczynialska K. Impact of the COVID-19 Pandemic on Justice Systems: Reconstruction or Erosion of Justice Systems – Case Study and Suggested Solution. V&R unipress. 2023. – 458 p. DOI:10.14220/9783737015820
4. Jougleux P. Open Justice in the Digital Age: The Relationship Between Justice and Media in Europe Law, governance and technology series, Springer Nature. – 2024. – V. 66. – 167 p. https://doi.org/10.1007/978-3-031-61436-1.
5. Resnik J. Constituting a Civil Legal System Called ‘Just’: Law, Money, Power, and Publicity // New Pathways to Civil Justice in Europe. Springer. – 2020. – Pp. 299-313. http://dx.doi.org/10.2139/ssrn.3723892.
6. Resnik J. The Functions of Publicity and of Privatization in Courts and their Replacements (from Jeremy Bentham to #MeToo and Google Spain) Open Justice: The Role of Courts in a Democratic Society // Yale Law School, Public Law Research Paper. – 2018. – No. 659. – 25 p. 10.5771/9783845297620-177.
7. Sorabji J. Justice Without Lawyers // New Pathways to Civil Justice in Europe. Springer. – 2021. – Pp. 221-242. https://doi.org/10.1007/978-3-030-66637-8.
8. Vermeys N. The Computer As the Court: How Will Artificial Intelligence Affect Judicial Processes? // New Pathways to Civil Justice in Europe. Springer. – 2021. – Pp. 61-80. https://doi.org/10.1007/978-3-030-66637-8_4
9. Rusakova E. P., Frolova E. E. On the effectiveness of resolving digital disputes through arbitration in England and Wales // State and Law. – 2024. – No. 1. – P. 179-187. – DOI 10.31857/S1026945224010172. – EDN JBCXKC.
CIVIL PROCEDURE
SERGEEV Roman Borisovich
postgraduate student of Civil law and process and private international law sub-faculty Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
PRINCIPLES OF DIGITAL TECHNOLOGY APPLICATION AND BASIC PRINCIPLES OF CIVIL PROCEDURE LAW
The article is devoted to the analysis of the impact of digitalization of civil proceedings on its basic principles. It examines the practice of using digital technologies in foreign countries such as the USA, Western European countries, Vietnam and other countries. It is revealed what effects digital mechanisms of civil proceedings have in each of the countries considered on the principles of civil proceedings.
Keywords: civil law, digitalization, digital technologies, institutions, transformation.
Bibliographic list of articles
1. Artificial Intelligence and the Legal Profession / Kevin Hood, Executive Director Head of Legal Services, FINEX Global Willis Towers Watson, Thne Law Society, 2018.
2. Ermakova E. P., Frolova E. E. Artificial intelligence in civil proceedings and arbitration: the experience of the USA and China. – Moscow: Yurlitinform, 2021
3. Yastrebov O. A. Artificial intelligence in the legal space // RUDN law journal. 2018.
4. Steve Lohr. Artificial intelligence is Coming for Lawyers, Again // The New York Times, 2023
5. Ermakova E. P., Frolova E. E. Dispute resolution and artificial intelligence: pros and cons // Collection of materials of the conference “Prospects and problems of development of arbitration proceedings in Russia”. Tver State University, 2020
6. Ermakova E. P., Frolova E. E., Artificial intelligence in civil proceedings and arbitration: experience of the USA and China, LLC Publishing House. M.: “Yurlitinform”, 2021. P. 224-224.
7. Ermakova E. P., Frolova E. E., Dispute resolution and artificial intelligence: pros and cons. Tver State University, 2020. P. 29-36.
8. Ethan Katsh and Orna Rabinovich-Einy. Digital Justice: Technology and the Internet of Disputes. Oxford University Press, 2017.
9. Poryvaeva O. V., Some aspects of the impact of digitalization on civil law // The Russian Juridical journal. – 2020. – No. 3. – P. 60-62
LABOR LAW
EGOROVA Varvara Yurjevna
postgraduate student, Faculty of Law, M. V. Lomonosov Moscow State University
ORGANIZATION OF WORK ON RECORDING AND EXAMINING THE CAUSES AND CIRCUMSTANCES OF MICRO-INJURIES AS A WAY OF PREVENTING OCCUPATIONAL ACCIDENTS
Following global trends in the field of occupational health and safety, Russian labor legislation demonstrates a notable tendency towards changes aimed at general prevention of occupational injuries. This is also due to the emergence in the Labor Code of the Russian Federation of the obligation of employers to record and consider the causes and circumstances leading to microtraumas of employees and other persons involved in the operational activities. Despite the relative insignificance and non-seriousness of the consequences of each individual microtrauma for the injured person, its investigation and analysis is an extremely important element in the overall occupational health and safety management system for the entire organization. It is the competent work on recording and identifying deficiencies in the manufacturing process that led to the occurrence of microtrauma that will allow employers to prevent not only repeated microtraumas, but also industrial accidents with more serious consequences. This is shown not only by international and Russian practice of investigation of industrial accidents, but also by theoretical research in the field of sociological and psychological aspects of labor safety.
Keywords: microtraumas, micro-injuries, industrial accidents, occupational injuries, prevention of occupational injuries, zero vision, labor protection.
Article bibliography
1. Eliseev S. A. Psychology of accidental abilities in professional activity: dissertation … doctor of psychological sciences: 19.00.03. – St. Petersburg, 1998. – 259 p.
2. Elfimova E. V., Minnegalieva L. I. Microdamages (microtraumas) of workers: causes and procedure for conducting investigations // Electronic supplement to the “Russian Law Journal”. – 2022. – No. 5. – P. 33-37.
3. Kuroles I. Investigation, registration and accounting of microtraumas of workers // Personnel service and personnel management of the enterprise. – 2022. – No. 10. [Electronic resource]. – Access mode: https://delo-press.ru/journals/staff/pravovoe-obespechenie-deyatelnosti/61507-rassledovanie-oformlenie-i-uchet-mikrotravm-rabotnikov/ (date of access: 01/21/2025).
4. Lichtenstein V. I., Konashkov V. V. Psychology of labor safety: a teaching aid for students studying in the direction of 280700 – Technosphere safety. – Yekaterinburg: Publishing house of the Ural University, 2013. – 134 p.
5. Seregina L. V. Labor protection in the Russian Federation: scientific and practical commentary to Section X of the Labor Code of the Russian Federation (article by article). – M.: Law firm “Contract”, 2023. – 312 p.
6. Alli B. O. Fundamental principles of occupational health and safety / Benjamin O. Alli; International Labor Office. – Geneva: ILO, 2008. – 221 p.
ECOLOGICAL LAW
IVLEVA Yuliya Ivanovna
junior researcher of the Sector of constitutional law and constitutional justice, Institute of State and Law, Russian Academy of Sciences
EVOLUTION OF ENVIRONMENTAL DOCTRINE. THE ROLE AND SIGNIFICANCE OF CONSTITUTIONAL REGULATION
The article describes the evolution of environmental doctrine as a conceptual basis for the legal regulation of environmental relations, with a focus on the role of constitutional regulation in their formation and development. The author analyzes the key stages of formation and transformation of this institution, shows the corresponding influence of the peculiarities of socio-economic development, changes in the national and international legal field. Based on the results of the study, the author identifies promising directions for further scientific research in this area and concludes that the attitude of the state and society to environmental issues is transforming.
Keywords: environmental legal relations, legal doctrine, constitutional regulation, environmental safety, globalization, Constitution of the Russian Federation.
Article bibliography
1. Gizzatullin R.Kh. Environmental function of the state and ensuring environmental safety // Proceedings of the Institute of State and Law of the Russian Academy of Sciences. Actual problems of environmental law. – Moscow: Institute of State and Law of the Russian Academy of Sciences, 2010. – No. 2. – P. 71.
2. Zhavoronkova N.G., Shpakovsky Yu.G. Doctrine of environmental law: theoretical and methodological problems // Bulletin of the O.E. Kutafin University (MSAL). – 2022. – No. 5. – P. 28.
3. Environmental law: textbook / Ed. by S. A. Bogolyubov. – 2nd ed., revised and enlarged. – M.: Yurait Publishing House, 2011. – P. 16.
ENVIRONMENTAL LAW
PAPKOV Sergey Sergeevich
senior specialist, Institute of Legislation and comparative law under the Government of the Russian Federation
ENSURING SUSTAINABLE WATER USE IN THE RUSSIAN ARCTIC
All types of surface water bodies are represented on the territory of the Russian Arctic. Arctic waters are the basis for determining the state of nature and climate. Biological and mineral resourcesrces, a logistical advantage, and a huge supply of fresh water are the factors that ensure the increased interest of the state and business in the use of Arctic waters. The Arctic water environment is particularly vulnerable to anthropogenic impact, the consequences of which are difficult to eliminate due to climatic conditions. This study is devoted to identifying problems related to the legal provision of sustainable water use in the Russian Arctic.
Keywords: Arctic, water law, the concept of sustainable development, sustainable water use, environmental safety.
Bibliographic list of articles
1. Kupryashkin Yu. V., Sivakov D. O. The Arctic and law in questions and answers: a scientific and practical guide. – M.: DMG Print, 2014. – 315 p.
2. Agafonov VB, Zhavoronkova NG Modern trends in legal support for strategic planning of environmental management in the Arctic // Lex Russica (Russian law). – 2018. – No. 7 (140). – P. 114-124. – DOI 10.17803/1729-5920.2018.140.7.114-124. – EDN XULFWP.
3. Vedysheva NO, Mukhlynina MM Legal regulation of the implementation of individual UN sustainable development goals in Russia as a counteraction to modern threats to environmental safety and environmental management // Law and state: theory and practice. – 2020. – No. 10 (190). – P. 209-212. – DOI 10.47643/1815-1337_2020_10_209.
4. Doronina A.K. Environmental protection of the Arctic in the aspect of sustainable development of the region // Agrarian and land law. – 2023. – No. 6 (222). – P. 89-92. – DOI 10.47643/1815-1329_2023_6_89. – EDN EFVFNK.
5. Concepts for the development of Russian legislation / Ed. by T. Ya. Khabrieva, Yu. A. Tikhomirov. – M., 2010. – 734 p.
6. Magritsky D. V. Water consumption in the catchment areas of Arctic rivers and in the Arctic zone of the Russian Federation: parameters, structure, long-term dynamics // Water management of Russia: problems, technologies, management. – 2019. – No. 3. – P. 20-37.
7. Motova E. A. State interest in the aspect of modern international relations // Russian journal of legal research. – 2022. – Vol. 9, No. 4. – P. 35-44. – DOI 10.17816/RJLS112606. – EDN BKQNIZ.
8. Avkhadeev V. R., Azarova E. G., Andrichenko L. V. et al. Scientific concepts of the development of Russian legislation: monograph / Ed. T. Ya. Khabrieva, Yu. A. Tikhomirova; Institute of Legislation and Comparative Law under the Government of the Russian Federation. – 8th ed., revised and enlarged. – Moscow: Norma, 2024. – 656 p. – DOI 10.12737/2127734.
9. Papkov S. S. Legal protection of waters during offshore oil production in polar conditions (experience of Norway and Russia) // Journal of Foreign Legislation and Comparative Law. – 2024. – V. 20, No. 3. – P. 90-102. – DOI 10.61205/S199132220028355-6. – EDN KWRZUT.
10. Papkov S. S. Legal aspects of the protection and use of waters of the Arctic zone of the Russian Federation // Agrarian and land law. – 2023. – No. 7 (223). – P. 78-80. – DOI 10.47643/1815-1329_2023_7_76. – EDN OENOMQ.
11. Ponomarev M. V. Legal protection of the marine environment from pollution in marine mammal habitats // Marine Research and Education (MARESEDU-2021): Proceedings of the X International Scientific and Practical Conference, Moscow, October 25-29, 2021. Volume III. – Tver: PoliPRESS LLC, 2021. – P. 318-323. – EDN AXNRAW.
12. Legal problems of sustainable spatial development of the CIS member states: monograph / Ed. E. A. Galinovskaya, M. V. Ponomarev. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2022. – 456 p. – DOI 10.12737/1867001.
13. Bogolyubov S. A., Nikonov R. V. Legal regulation of climate change prevention in Russia and foreign countries: monograph / Under the general editorship of prof. S. A. Bogolyubov; foreword by Yu. A. Tikhomirov; conclusion by N. V. Kichigin. – M.: Institute of Legislation and Comparative Law under the Government of the Russian Federation: INFRA-M, 2025. – P. 178-180. – DOI 10.12737/2174410.
14. Abanina E. N., Sukhova E. A. Legal support of environmental safety of the Russian Federation: state and development prospects: monograph // – M.: Yustitsinform, 2022. – 222 p. – ISBN 978-5-7205-1811-0. – EDN NWACLR.
15. Fomina V. F. Assessment of water use in the northern regions of Russia based on sustainable development criteria // North and market: formation of economic order. – 2023. – Vol. 26, No. 4(82). – P. 157-174. – DOI 10.37614/2220-802X.4.2023.82.011. – EDN CNLYIM.
16. Syroechkovskii E. E. Modern problems of nature conservation in the Far North. – Moscow: Znanie Society, 1984. – 54 p. @@ Timofeev L. A. Integrated use of waters: Legal issues / Ed. V. N. Demyanenko. – Saratov: Publishing house of Saratov University. 1985 (1986). – 84 p. @@ Pankratov I. F., Yemelyanova V. G. New in the legislation on nature conservation in the Far North // Sovetskaya Yustitsiya. – 1985. – No. 5. – P. 20-22.
LAND LAW
KUTATELADZE David Davidovich
assistant, postgraduate student of Land and environmental law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
LEGAL PROBLEMS OF THE APPLICATION OF ENVIRONMENTAL RESTRICTIONS IN THE FRAMEWORK OF LAND RELATIONS
The article examines the legal aspects of applying environmental restrictions in land relations. The author analyzes the legislation of the Russian Federation governing reclamation activities, the operation of reclamation systems, and the delineation of administrative and criminal liability for environmental offenses. Key issues in law enforcement are identified, such as the lack of clear deadlines for fulfilling environmental requirements and ambiguity in distinguishing offenses. Proposed amendments to the regulatory framework include the specification of landowners’ and tenants’ responsibilities, the introduction of a minimum threshold for environmental damage, and enhanced monitoring of compliance with environmental regulations.
Keywords: environmental restrictions, land relations, reclamation systems, law enforcement, administrative liability, criminal liability, environmental protection.
Article bibliography
1. Babina Yu. V., Kochurov B. I. Problems of protecting surface water bodies in the context of land relations in the south of Russia // South of Russia: ecology, development. – 2021. – No. 3 (60). – P. 180-190.
2. Borisova A. S. Measures of state regulation of relations in the field of land use in urban planning // Current research. – 2024. – No. 5. – P. 22-37.
3. Ivanova I. V. Features of the implementation of the right of ownership of a land plot, taking into account environmental restrictions // Skif. Issues of student science. – 2023. – No. 4 (80). – P. 235-239.
4. Lesnykh S. I. Possibilities of implementing the environmental and legal mechanism for environmental protection to regulate economic activities in the coastal areas of Lake Baikal // Law and Politics. – 2022. – No. 12. – P. 29-40.
LAND LAW
LETYAGINA Ekaterina Alexandrovna
Ph.D. in Law, associate professor of Civil law and process sub-faculty, Krasnoyarsk State Agrarian University
DIGITAL PROCESSES IN LAND MANAGEMENT
The study examines issues related to the implementation of digital processes in the field of land management. The main trends of today are outlined, as well as tasks for the introduction of electronic and digital systems in the field of land and property relations for their optimization and modernization in accordance with the strategic objectives set at the state level and regulated in the Strategy of Spatial Development of the Russian Federation until 2025, as well as the Concept of Spatial Development of the Russian Federation until 2030 with forecast until 2036.
Digitalization in the field of land resources should lead to the most efficient use of land and its subsoil, involvement in the proper turnover of land, including agricultural land, to ensure the protection of the most valuable territories, which ultimately should ensure the sustainable qualitative development of all subjects of the Russian Federation and the state as a whole.
According to the results of the analysis, it is indicated that in order to overcome the difficulties in implementing digital formats in land management, it is necessary to universalize the terminology used in regulatory legal acts at all levels, eliminating ambiguity and ambiguity of their interpretation; the formation of a single relevant universal database with various reliable information about different land resources, depending on the category of land and the type of permitted use; and also, the formation of a unified state land policy and overcoming its eclecticism and fragmentation.
Keywords: land, land resources, land plot, digital processes, public administration, municipal administration, public land policy, digital economy.
Article bibliography
1. Yurina T. A. Use of digital technologies in the land resources management system // Integration of science and education in agricultural universities to ensure food security of Russia: collection of papers of the national scientific and practical conference, November 1-3, 2022. – Tyumen: State Agrarian University of the Northern Trans-Urals, 2022. – P. 114-119.
2. Bugaevskaya V. V. On the issue of information support and interaction in the process of digital transformation of land management // Digitalization of land use and land management: trends and prospects: Proceedings of the IV international scientific and practical conference, November 14, 2024. – Moscow: State University of Land Management, 2024. – P. 40-49.
3. Korolev S. Yu. Managementland resources management of the Russian Federation in the context of modern challenges: legal aspects // Legal policy and legal life. – 2024. – No. 2. – P. 49-58.
4. Rosenberg I. N., Dulin S. K. On the formation of geospatial knowledge based on the transformation of geodescriptions // World of transport. – 2024. – Vol. 22, No. 2 (111). – P. 6-11.
5. Shavrov S. A. Ecosystem of typical Web platforms for territory and real estate management // Web programming and Internet technologies WebConf2021: Proceedings of the 5th International Scientific and Practical Conference, May 18-21, 2021. – Minsk: Belarusian State University, 2021. – P. 203-206.
6. Varaksin G. S. Problems and prospects of using digital technologies in land management of Russia // Siberian village: 200 years of development of the Omsk region – from the reforms of M. M. Speransky to the agro-industrial center of Siberia: materials of the XII International scientific and practical conference dedicated to the 200th anniversary of the Omsk region, September 21-23, 2022. – Omsk: Omsk State Agrarian University named after P.A. Stolypin, 2022. – P. 335-339.
7. Grigoryan S. A. Some aspects of the use of digital technologies in land legal relations // Science and education: economy and economics; entrepreneurship; law and management. – 2021. – No. 11 (138). – P. 48-50.
8. Kirilova O. V. Information systems for land resources management // A new look at the development of agricultural science: collection of materials of the Scientific and practical conference of graduate students and young scientists, April 16, 2021. – Tyumen: State Agrarian University of the Northern Trans-Urals, 2021. – P. 157-161.
9. Aleksandrovskaya L. A. Description of cadastral registration objects in three-dimensional space for the purpose of rational use of the territory // Economics and Management: materials of the All-Russian scientific and practical conference, November 14-15, 2023. – Novocherkassk: Don State Agrarian University, 2023. – P. 175-179.
10. Passport of the federal project “Digital Public Administration” (approved by the Presidium of the Government Commission on Digital Development, Use of Information Technologies to Improve the Quality of Life and Conditions for Doing Business, Protocol of 05/28/2019 No. 9). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_328938/ (date of access 01/04/2025).
FINANCIAL LAW
VINNITSKIY Danil Vladimirovich
Ph.D. in Law, professor, Head of Financial law sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg, Director of the BRICS Institute of Law
ZIMULKIN Maxim Igorevich
Ph.D. in Law, associate professor of Financial law sub-faculty, V. F. Yakovlev Ural State Law University, Yekaterinburg
“ANTI-ABUSE RULES AND TAX TREATIES” (REVIEW OF THE TEXTBOOK OF G. KOFLER, M. LANG, P. PISTONE, A. RUST, J. SCHUCH, K. SPIES, C. STARINGER, R. SZUDOCZKY “ANTI-ABUSE RULES AND TAX TREATIES”)
The monograph “Anti-Abuse Rules and Tax Treaties” is a combined work of a number of authors on the issues of application of the rules on prohibition of circumvention of tax law in the implementation of international tax agreements. The authors describe specific problems faced by tax authorities of various states in the implementation of tax agreements, including problems of interpretation of the provisions of the agreement and abuse by taxpayers in obtaining tax benefits. The monograph under review may be useful for researchers and practicing lawyers.
Keywords: tax, tax law, tax procedures, anti-abuse rules, tax treaties, general anti-avoidance rules, GAAR.
Bibliographic list of articles
1. G. Kofler, M. Lang, P. Pistone, A. Rust, J. Schuch, K. Spies, C. Staringer, R. Szudoczky. Anti-Abuse Rules and Tax Treaties. Kluwer Law International. – 2024. – R. 293 (English).
2. Andres Baez Moreno, GAARs and Treaties: From the Guiding Principle to the Principal Purpose Test [Electronic resource]: What Have We Gained from BEPS Action 6?, 45 Intertax 440 (2017) DOI: 10.54648/taxi2017036.
3. Alexander Rust, Article 1: Persons Covered, in Klaus Vogel “on Double Taxation Conventions” [Electronic resource] (Ekkehart Reimer & Alexander Rust eds., Kluwer Law International 2015).
4. Michael Lang, Introduction to the Law of Double Taxation Conventions 97 [Electronic resource]. – 3d ed. – Linde, 2021.
5. Craig Elliffe, Thin Capitalisation Rules and Treaties: Does the Ratio in the New Zealand Thin Capitalisation Rules Contravene New Zealand’s Tax Treaty Obligations? [Electronic resource]: 18 New Zealand Business Law Quarterly. – 2012. – No. 4 (2). – DOI: 10.2139/ssrn.2120839.
6. Kurochkin D. A. General Anti-Avoidance Rules in the BRICS States: A Comparative Legal Study / Under the scientific editorship ofby D. V. Vinnitsky. – Moscow: Legal House “Yustitsinform”, 2023. – 290 p.
7. Rakov I. A. Anti-tax evasion regime in Russia in the late 19th – early 20th centuries // Taxes and taxation. – 2018. – No. 11. – P. 34-39.
8. Vinnitsky D. V. International tax law: problems of theory and practice. – Moscow: Statut, 2017. – 463 p.
9. Vinnitsky D. V., Kurochkin D. A. Prospects for international coordination of the BRICS states’ approaches to cross-border taxation // Taxes and taxation. – 2018. – No. 11. – P. 1-15.
10. Vinnitsky D. V. Good faith, validity of benefit, limits of exercise of rights, or how Russian tax law found itself at the forefront of the fight against the evil nesting in taxpayers // Law. – 2018. – No. 11. – P. 44-57.
11. Ponomareva K. A. Strategies for combating tax evasion in the European Union. – M.: Infotropik Media, 2018. – 148 p.
FINANCIAL LAW
STEPANYAN Artur Levonovich
postgraduate student of the 3rd course of Judicial power, civil society and law enforcement sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
THE LEGAL STATUS OF DIGITAL CURRENCY IN RUSSIA: PROBLEMS OF DEFINITION AND DIRECTIONS OF IMPROVEMENT OF LEGISLATION
The evolution of the legal regulation of cryptocurrencies in the Russian Federation has demonstrated the transition from their complete rejection as a monetary surrogate to the recognition of the status of digital currency within the framework of Federal Law No. 259. However, the regulatory system in this area is still underdeveloped and needs to be improved.
The article analyzes key legislative gaps, including the lack of recognition of cryptocurrencies as property for the purposes of criminal law. Special attention is paid to practical problems related to the use of cryptocurrencies in criminal activities, including in schemes for the legalization of criminally obtained income. The necescity to make changes to the article 128 of the Civil Code of the Russian Federation in order to consolidate digital currency as an object of civil rights, which will be an important step to ensure legal certainty and effective regulation of its turnover, is substantiated.
The proposed measures are aimed at eliminating legal gaps, increasing the transparency of transactions with digital assets and strengthening mechanisms to combat their illegal use.
Keywords: digital currency, cryptocurrency, legal status, legislative regulation, criminal law, civil code, money laundering, mining, financial transactions, anti-money laundering.
Article bibliography
1. Vasilyeva Ya. Yu. Cryptocurrency as a subject of crimes under Articles 174 and 174.1 of the Criminal Code of the Russian Federation // Humanities, socio-economic and social sciences. – 2022. – No. 2 – P. 118-121.
2. Aleksandrov A. G., Safronov A. A. Use of the Darknet network in the preparation and commission of crimes // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 1 (89). – P. 156-160.
3. Kamyshanova A. E., Brileva A. D. Legal regulation of cryptocurrency in Russia: problems and prospects // Law and state: theory and practice. – 2022. – No. 4 (208). – P. 121-123.
4. Shaimardanov T. R., Pogodin A. V. Cryptocurrency as an object of civil rights // Economics and jurisprudence. – 2022. – No. 12 (99). – P. 62-67.
5. Zemlyukov S. V., Korennaya A. A. Legal status of cryptocurrency in criminal law // Bulletin of Altai State University. – 2018. – No. 3 (101). – P. 47-52.
6. Lykov A. A. Theft of cryptocurrency: problems of criminal-legal qualification // Modern criminal-procedural law – lessons of history and problems of further reform. – 2019. – No. 1 (1). – P. 13-18.
7. Sidorenko E. L. Legal status of cryptocurrencies in the Russian Federation // Economy. Taxes. Law. – 2018. – No. 2. – P. 129-137.
8. Perov V. A. Qualification of crimes committed using cryptocurrency. [Electronic resource]. – Access mode: https://www.dissercat.com/content/kvalifikatsiya-prestuplenii-sovershaemykh-s-ispolzovaniem-kriptovalyuty.
9. Vasilyeva Ya. Yu., Chugun D. A. Cryptocurrency as a subject of legalization of criminal proceeds // Art of jurisprudence. – 2022. – No. 1 (1). – P. 39-45.
10. Sidorenko E. L. Legal status of cryptocurrencies in the Russian Federation // Economy. Taxes. Law. – 2018. – No. 2. – P. 129-137.
FINANCIAL LAW
FARTUNOV Egor Alexandrovich
postgraduate student of Administrative and financial law sub-faculty, Institute of Law, Patrice Lumumba Peoples’ Friendship University of Russia
FINANCIAL MONITORING AS A TYPE OF FINANCIAL CONTROL: LEGAL ASPECTS
The article discusses the relationship between financial monitoring and financial control. The author considers financial monitoring not only as an activity in the field of anti-money laundering and financing of terrorism, but also as a type of financial control carried out in order to counter illegal actions involving the use of funds in general. In support of his point of view, the author examines the theory and refers to the norms of current legislation.
Keywords: financial monitoring, financial control, anti-money laundering, countering the financing of terrorism, AML/CFT/FRM.
Article bibliography
1. Zubkov V. A., Osipov S. K. The Russian Federation in the international system of counteracting the legalization (laundering) of criminal proceeds and the financing of terrorism. – M.: Gorodets, 2006. – 751 p.
2. Beketnova Yu. M. Typological analysis in financial monitoring: a tutorial. – M.: Prometheus, 2020. – 260 p.
3. Kamilov A. Sh. Concept and principles of state financial control // Education. Science. Scientific personnel. – 2023. – No. 4. – P. 136-138.
4. Krysin L. P. Explanatory dictionary of foreign words. – M.: Eksmo Publishing House, 2006. – 939 p.
5. Proshunin M. M. Financial monitoring as a type of financial control // Bulletin of Tomsk State University. – 2010. – No. 330. – P. 105-108.
6. Financial law: textbook for universities / G. F. Ruchkina [et al.]; edited by G. F. Ruchkina. – 3rd ed., revised and enlarged. – M.: Yurait Publishing House, 2025. – 348 p.
7. Tisen O. N., Grinenko A. V. Use of the results of Rosfinmonitoring activities in criminal proceedings // All-Russian Criminological Journal. – 2022. – No. 4. – P. 492-504.
8. Financial law: textbook / Ed. N. I. Khimcheva. – 3rd ed., revised and enlarged. – M.: Yurist, 2004. – 749 p.
FINANCIAL LAW
KHROMCHENKO Maxim Denisovich
postgraduate student of Financial law sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
ELECTRONIC MONEY AS AN OBJECT OF PUBLIC-LAW REGULATION
The presented article examines the problems of financial and legal regulation of electronic money in the Russian Federation. The analysis is based on the concept of direct and feedback, which show the need for further improvement of the current legislation. The author notes that electronic money can be fully attributed to money, since they are expressed in the national currency of Russia – the ruble. The characteristic features of electronic money that distinguish them from money stored in bank accounts of credit institutions are given. It is noted that transactions with electronic money are possible only with the use of electronic means of payment.
Keywords: electronic money, electronic means of payment, national payment system, Bank of Russia, non-cash money circulation, money, digitalization, direct and feedback.
Article bibliography
1. Vnukov N. A. Procedure for settlements under consumer-entrepreneurial contracts // Business Security. – 2011. – No. 3.
2. Gorbunova O. N. The problem of the law on finance in the context of the financial crisis // Bulletin of the Baikal State University. – 2010. – No. 5.
3. Kurbatov A. Ya. Legal regulation of electronic payment systems under the legislation of the Russian Federation // Business and Law. – 2007. – No. 9.
4. Kalyatin V. O. Law in the Internet Sphere. – M.: Norma. – 2004.
5. Kazachenok O. P. Settlements with the Use of Electronic Money in the BRICS Countries // Banking Law. – 2019. – No. 4.
6. Lavrushin O. I. Money, Credit, Banks: Textbook. – 15th ed., Stereotype. – M.: KNORUS. – 2019.
7. Marx K. Capital [Vol. 1-3] // K. Marx, F. Engels: Collected Works. – 2nd ed. – M., 1978.
8. Nikitin V. V. Electronic Money of an Organization and an Individual Entrepreneur // Current Issues of Accounting and Taxation. – 2021. – No. 21.
9. Saveliev AI Electronic Commerce in Russia and Abroad: Legal Regulation. – 3rd ed., revised and enlarged. – M.: Statut. – 2020.
10. Tedeev AA Electronic Commerce (Electronic Economic Activity): Legal Regulation. – M.: Prior-publishing house, 2002.
11. Shevchuk MD Legal Nature of Electronic Money // Jurist. – 2022. – No. 12.
TAX 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
SMIRNOVA Tatyana Sergeevna
lecturer of Theory of law and public law disciplines sub-faculty, Institute of Law, Samara State University of Economics
LEGAL ASPECTS OF DIGITAL PLATFORMS TAXATION AND ONLINE COMMERCLE
The article focuseson the analysis of important aspects of taxation in the field of digital platforms and e-commerce, as well as highlighting the experience of world and Russian practice in this field. The author notes that the lack of clearly established rules and regulations for tracking income from online sales opens up opportunities for tax evasion, which negatively affects the financial well-being of the state. In addition, the digital economy generates new types of economic activity, including the provision of digital services, the rental of digital assets and the use of cryptocurrencies. These phenomena require a revision of existing tax categories and the introduction of new rules that take into account the specifics of these types of activities. As a result of the analysis, the main difficulties are highlighted and recommendations are proposed to improve the legislative framework to ensure efficiency and fairness in this area of taxation, in particular, the introduction of a global digital tax that will be levied.
Keywords: digital platforms, online commerce, taxation, digital tax, tax administration, income, cryptocurrency.
Article bibliography
1. Arslanbekova A.Z., Mustaef R.E. Actual problems of tax administration // Legal Bulletin of DSU. 2020. No. 4. P. 69-73.
2. Vaipan V.A. Legal regulation of the digital economy // Entrepreneurial law. Appendix “Law and Business”. 2018. No. 1. P. 12-17.
3. Zinkov E. N. On the hierarchy of regulatory legal acts in the sphere of regulation of the tax regime of non-residents in the Russian Federation // Eurasian Law Journal. 2023. No. 2 (177). P. 222-223.
4. Zinkov E. N. Tax on professional income: issues of theory and practice // Science of the XXI century: current directions of development: collection of scientific articles of the XII International scientific and practical conference, September 22, 2023 / editorial board: E. A. Kandrashina, V. A. Piskunov (editors-in-chief) [et al.]; Samara State University of Economics. Samara: Publishing house of SSEU, 2023. Issue. 2, part 2. P. 388-393.
5. Kirova E. A., Morozova N. G., Bezverkhiy A. S. Transformation of the tax system of Russia in the context of the formation of the digital economy // Bulletin of the State University of Management. 2019. No. 7. P. 118-124.
BUSINESS LAW
KACHNOV Maksim Eduardovich
insolvency practitioner, private practice lawyer, postgraduate student, Russian State University of Justice
LIABILITY OF CREDITORS AND INSOLVENCY PRACTITIONER FOR INEFFECTIVE BANKRUPTCY STRATEGY
The article focuses on the examination of the liability of creditors and the insolvency practitioner for ineffective decisions in the framework of bankruptcy proceedings. The legal grounds for continuing the debtor’s business activities and their impact on the bankruptcy estate are analyzed. Special attention is given to case law, including the positions of the Supreme Court of the Russian Federation, which reveal the possibility of recovering damages from creditors and the insolvency practitioner. The relationship between subsidiary and tort liability in bankruptcy proceedings is also explored.
Keywords: bankruptcy, insolvency practitioner, creditors, tort, damages.
Article bibliography
1. Alekperov D.S. ogly. The relationship between the rules on subsidiary liability in bankruptcy and general tort // Arbitration disputes. – 2023. – No. 4. – P. 150-168.
2. Evstigneev E.A. The principle of general tort: current state and prospects for application (part two) // Bulletin of civil law. – 2017. – Vol. 17, No. 5. – P. 73.
3. Legal status of a debtor – a legal entity in Russian bankruptcy legislation: diss. … candidate of legal sciences. – Moscow, 2016.
4. Russian civil law: Textbook. In 2 volumes. Vol. 2: Law of Obligations / Ed. E. A. Sukhanov. P. 1080 2014 // “SPS “ConsultantPlus”;
BUSINESS LAW
MUCHINSKIY Danila Olegovich
legal adviser of DM LLC
LEGAL REGULATION OF CAR SHARING: DEFINITION, THE SUBJECT OF A LEGAL RELATIONSHIP, OBLIGATORY REQUIREMENTS
The author analyzes the concept of car sharing in the article. The multifaceted nature of the above term’s definition is discussed herein. For instance, car sharing is considered as an information system, database, and computer program. The author examines, what social relations does a car sharing operator enter into and what legal acts regulate the specified activities. Relationship types involving the car sharing operator are under view herein. The suggestions about the further car sharing operator means of activity settlement are made in the light of services similar to car sharing legal regulation analysis via establishing the mandatory requirements.
Keywords: car sharing, operator of car sharing, licensing of car sharing operator activities.
Article bibliography
1. Algazina A. F. History of the emergence and development of self-regulation in Russia. [Electronic resource] // Law enforcement. – 2017. – No. 3. – P. 90-99.
2. Suslova M. V. Purpose of the institution of licensing of entrepreneurial activity. [Electronic resource] // Bulletin of the South Ural State University. – 2013. – Vol. 3, No. 3. – P. 112-113.
3. Filipov S. A., Pereyarina P. O. Car sharing as a new phenomenon in the civil law of the Russian Federation. [Electronic resource] // Bulletin of the Saratov State Law Academy. – 2019. – No. 3. – P. 138-144.
CRIMINAL LAW
ABDULGAPUROVA Saygibat Gamzatovna
master student of the 2nd course, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
CRIMINAL LAW MEANS OF COUNTERING COMMERCIAL BRIBERY
The article is devoted to the issues of improving the legislation on liability of commercial bribery. The problems of this article have relevance, theoretical and practical significance. The article analyzes criminal liability for commercial bribery, highlights the shortcomings of this norm, and analyzes scientific works. The article emphasizes that there is no official definition of the concept of “interests of the service” in criminal law, there is also no unified approach to its interpretation in criminal law, and it is also noted that commercial bribery not only violates the principles of fair competition, but also undermines confidence in market institutions, creating prerequisites for corruption and unfair behavior. This, in turn, has a negative impact on the country’s economic development. The criminal law analysis of commercial bribery given in the article may be of interest to researchers, teachers and students of law schools, law enforcement officers.
Keywords: commercial bribery, corpus delicti, subject, formal corpus delicti, subjective features.
Article bibliography
1. Agil’din V. V. Characteristics of the composition of commercial bribery // Siberian legal bulletin. – 2014. – No. 1. – P. 47.
2. Volzhenkin B. V. On crimes against the interests of the service according to the draft Special Part of the Criminal Code // Issues of criminal liability and its differentiation (in the draft Special Part of the Criminal Code of the Russian Federation): Coll. scientific. art. and abstracts. – Yaroslavl, 2004. – P. 18.
3. Zvarygin V. E., Kondakov A. S. Criminal-legal problems of bringing to justice for crimes of a corruption nature on the example of commercial bribery // Bulletin of Udmurt University. Series Economics and Law. – 2021. – Vol. 31, No. 4. – P. 647-653.
4. Ivanov N. On the discussion of the explanations of the Plenum of the Supreme Court on the qualification of bribery // Criminal law. – 2013. – No. 5. – P. 71-73.
5. Commentary on the Criminal Code of the Russian Federation in 4 volumes. Volume 2. Special Part. Sections VII–VIII / V. M. Lebedev [et al.]; editor-in-chief V. M. Lebedev. – M.: Yurait Publishing House, 2024. – 371 p.
6. Nikonov V. A. Logical modeling of the article of the Special Part of the Criminal Code of the Russian Federation // Scientific research of higher education: materials of the final scientific and practical. conf. – Tyumen: Tyumen. higher. school. Ministry of Internal Affairs of the Russian Federation, 1995. – Pp. 3-9.
7. Article-by-article commentary to the Criminal Code of the Russian Federation / Ed. Esakov G. A. – M.: Prospect Publishing House, 2021. – P. 173.
8. Skryabin E. N. Commercial bribery // Legality. – 2000. – No. 9. – P. 40.
9. Tumarkina L. P. Commercial bribery: monograph. – M., 2005. – P. 45.
10. Eksanova A. A. Bribery as a criminogenic crime (concept, types, legal analysis, qualification): dis. … candidate of legal sciences. – N. Novgorod, 2001. – P. 29.
11. Yani P. S. Causing harm by an act // Russian justice. – 1997. – No. 1. – P. 49.
CRIMINAL LAW
AGABALAEV Mukhamed Imamedinovich
Ph.D. in Law, Humanities sub-faculty, Rector, Socio-Pedagogical Institute
PROBLEMS OF JUVENILE DELINQUENCY PREVENTION
The article is devoted to the analysis of the state and trends of juvenile delinquency, as well as the identification of the causes contributing to their illegal behavior. The main factors of crime are unfavorable family conditions, deficiencies in upbringing, the negative impact of the environment and the information environment. The author highlights theproblems of prevention related to insufficient coordination between government agencies, educational institutions and social services. Measures are proposed to improve preventive work, including strengthening the educational role of the family, developing legal education and creating conditions for the social adaptation of adolescents.
Keywords: condition, dynamics, prevention, causes of crime, minors.
Article bibliographic list
1. Polunichev A. I. Causes of juvenile delinquency // Issues of Russian justice. – 2023. – No. 26. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-prestupnosti-nesovershennoletnih (date of access: 11.02.2025).
2. Rodionova A. A. Causes of juvenile delinquency // International journal of humanitarian and natural sciences. – 2024. – No. 5-4 (92). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-prestupnosti-nesovershennoletnih-1 (date of access: 11.02.2025).
3. Vorobyov V. Yu. Causes of juvenile delinquency // Scientific works of the Moscow Humanitarian University. – 2023. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/prichiny-prestupnosti-nesovershennoletnih-2 (date of access: 11.02.2025).
CRIMINAL LAW
ALISULTANOVA Sabiyat Alisultanova
magister student of the 3rd course, specialty 04/40/01. “Jurisprudence”, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
ADILOV Zaur Adilovich
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
RESTORATION OF SOCIAL JUSTICE AS A PRIORITY GOAL OF CRIMINAL PUNISHMENT
The article offers an analysis of the restoration of social justice as a goal of criminal punishment. It is proposed to consider this goal as a priority, combining other goals of punishment set out in the Criminal Code of the Russian Federation. It is proposed to consider this goal as the direction of punishment not only towards retribution, but also towards recovery, as well as towards the re-socialization of the stumbled. The general principles of sentencing, as set out in art. 60 of the Criminal Code of the Russian Federation, it is recommended to consider it as a legal instrument forming the basis for the creation of a legal mechanism for the implementation of restorative procedures, which is implemented in other provisions of Chapter 10 of the Criminal Code.
Keywords: criminal law, Criminal Code of the Russian Federation, crime, criminal liability, criminal punishment, restoration of social justice, restorative justice, criminal legal impact, victim.
Article bibliography
1. Ismailova K. A. Restoration of social justice as the goal of criminal punishment // The Scientific Heritage. – 2021. – No. 81. – P. 20-22.
2. Kodintsev S. A., Kholodnaya M. Ya. Restoration of social justice as a priority goal of criminal law // Naukosphere. – 2023. – No. 7-1. – P. 104-108.
3. Peshkov M. A. Restorative justice // Naukosphere. – 2022. – No. 12-1. – P. 571-577.
4. Strogovich M. S. Methodological issues of legal science // Questions of philosophy. – 1965. – No. 12. – P. 10-16.
5. Urtsmikhanov Z. S. Objectives and problems of criminal punishment // Towards a civil society. – 2022. – No. 1 (45). – P. 43-50.
CRIMINAL LAW
BOCHAROV Vitaliy Mikhaylovich
Ph.D. in pedagogical sciences, associate professor, professor of Law sub-faculty, Russian University of Cooperation
SHOGENOV Timur Mukhamedovich
Ph.D. in economical sciences, Deputy Head of Internal affairs in special conditions sub-faculty, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia
BURAEVA Lyudmila Alexandrovna
Ph.D. in physical-mathematical sciences, senior researcher of the scientific research areas, North Caucasus Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia
ON THE CURRENT PROBLEMS OF COUNTERING THE SPREAD OF THE IDEOLOGY OF EXTREMISM AND IDEAS OF NEO-NAZISM IN MODERN CONDITIONS
In the article, the authors conducted a study of such dangerous phenomena as the spread of extremist ideology, neo-Nazi views, and Russophobia, which contribute to the escalation of modern forms of racism, xenophobia, and other destructive movements. The article analyzes the data of legal statistics, the negative trends of growing intolerance in modern society, accompanied by the spread of neo-Nazi ideologies and the glorification of Nazism in a number of states. The authors note the measures taken by government agencies to counter modern threats to the national security of the Russian Federation, to ensure constitutional order and the safety of Russian citizens.
Keywords: extremism, neo-Nazism, Russophobia, extremist organizations, terrorism, Nazism, terrorist activities, threats to national security, the Internet, social networks.
Article bibliography
1. The Foreign Ministry accused Western countries of hypocrisy. – [Electronic resource]. – Access mode: https://lenta.ru/news/2024/11/12/v-mid-obvinili-zapadnye-strany-v-litsemerii-i-roste-ksenofobii/ (date of access: 20.01.2025).
2. In Serbia, the anniversary of the liberation of Auschwitz without Russia was called an insult – [Electronic resource]. – Access mode: https://www.rbc.ru/politics/19/10/2024/6713cba79a7947eed90afddf (date of access: 20.01.2025).
3. Altai resident convicted of calls for extremism – [Electronic resource]. – Access mode: https://ria.ru/20250204/ekstremizm-1997228332.html (date of access: 20.01.2025).
4. Koliev V. V., Shakhkeldov F. G. Features of detection and disclosure of crimes related to the use of informationtelecommunication technologies // Law and Practice. – 2022. – No. 2. – P. 131-135.
5. Koliev V. V. Tactics and methods of investigating crimes committed using the Internet // Law and State: Theory and Practice. – 2021. – No. 4 (196). – P. 280-282.
6. Medvedev: enclaves of migrants ignoring the law can be a source of extremism. – [Electronic resource]. – Access mode: https://russian.rt.com/russia/news/1414880-etonoanklavy-iz-semei-migrantov (date of access: 20.01.2025).
7. On Amendments to the Code of the Russian Federation on Administrative Offenses Federal Law of August 8, 2024 No. 248-FZ // SPS “ConsultantPlus” (date of access: 20.01.2025).
8. On Approval of the Strategy for Countering Extremism in the Russian Federation: Decree of the President of the Russian Federation of December 28, 2024 No. 1124 // SPS “ConsultantPlus” (date of access: 20.01.2025).
9. Ambassador Meshkov called for redoubling efforts to counter the rise of neo-Nazism. – [Electronic resource]. – Access mode: https://aif.ru/politics/posol-meshkov-prizval-udvoit-usiliya-po-protivodeystviyu-podemu-neonacizma (date of access: 20.01.2025).
10. Putin called the refusal to invite the Russian Federation to the anniversary of the liberation of Auschwitz shameful, – [Electronic resource]. – Access mode: https://iz.ru/1832375/2025-02-02/putin-nazval-pozornym-otkaz-priglasit-rf-na-godovshchinu-osvobozhdeniia-osventcima (date of access: 20.01.2025).
11. Putin: it is necessary to tighten requirements for migrants living in the country. – [Electronic resource]. – Access mode: https://russian.rt.com/russia/news/1411613-putin-migranty-uzhestochenie (date of access: 20.01.2025).
12. A criminal case on the creation of an extremist organization was opened against migrants in Moscow – [Electronic resource]. – Access mode: https://www.m24.ru/news/proisshestviya/28072023/602684 (date of access: 20.01.2025).
13. The FSB detained a woman in the DPR for calls for terrorism. – [Electronic resource]. – Access mode: https://www.rbc.ru/rbcfreenews/6785d0639a79477fd74b1973 (date of access: 20.01.2025).
14. The number of extremism cases in Russia in 2024 increased by 43%. – [Electronic resource]. – Access mode: https://ria.ru/20250115/chislo-1993749833.html (date of access: 20.01.2025).
15. The number of extremist crimes in the North Caucasus Federal District in 2024 increased by a third – Bastrykin. – [Electronic resource]. – Access mode: https://www.interfax-russia.ru/south-and-north-caucasus/news/chislo-ekstremistskih-prestupleniy-v-skfo-v-2024-godu-vyroslo-na-tret-bastrykin (date of access: 20.01.2025).
16. Shogenov T. M., Fedorenko S. P., Buraeva L. A. Actual issues of counteracting the activities of extremist organizations on the Internet in the context of foreign policy instability // Eurasian Law Journal. – 2023. – No. 7 (182). – pp. 441-442.
CRIMINAL LAW
VALIEV Badawi Ruslanovich
magister student of the 2nd course, North Caucasus branch, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
MAGOMEDOVA Arapat Isaevna
Ph.D. in Law, associate professor, North Caucasus branch, All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), Makhachkala
GENOCIDE AS AN INTERNATIONAL CRIME
This article is devoted to genocide as the most serious international crime and criminal responsibility for it. The Convention on the Prevention and Punishment of the Crime of Genocide is one of the fundamental documents under the influence of which genocide was criminalized in the criminal legislation of the most developed countries, including Russia. The article notes that in accordance with this Convention, disputes on genocide were referred to the International Court of Justice. In the article, the author notes that in 1998 in Rome, representatives of 120 countries signed the Rome Statute, which became the basis for the creation of the International Criminal Court (ICC), This article examines the types of crimes that are provided for in the legislation of some countries for committing genocide, and also analyzes the experience of the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia.
Keywords: genocide, Convention on the Prevention and Punishment of Genocide, Rome Statute.
Article bibliography
1. Arustamyan R. V. Genocide is the gravest crime against humanity // Gaps in Russian legislation. – 2012. – No. 5. – P. 140.
2. Lasaria A. O. The concept of “genocide” under international and Russian legislation // Bulletin of Military Law. – 2024. – No. 2. – P. 14-23.
3. Arutyunyan M. A. The concept of the crime of genocide: historical determinacy of the international legal recognition of genocide as a crime against the security of humanity // Current issuesproblems of Russian law. – 2009. – № 3. – P. 103.
4. Avanesyan V. V. Genocide: criminological study. – M., 2012. – P. 65.
5. Barsegov Yu. G. Armenian Genocide – a crime against humanity (on the legality of the term and legal qualification). – [Electronic resource]. – Access mode: http://www.armenianhouse.org/barsegov/genocide-ru/crime.html.
CRIMINAL LAW
GAUZHAEVA Viktoriya Alexandrovna
Ph.D. in Law, associate professor of Special and technical training sub-faculty, North-Caucasian Institute for Advanced Training (branch), Krasnodar University of the MIA of Russia, colonel of police
SHUBIN Sergey Pavlovich
senior lecturer of Tactical and special training sub-faculty, Barnaul Law Institute of the MIA of Russia, lieutenant colonel of police
CERTAIN ISSUES OF APPLICATION OF THE INSTITUTION OF RELEASE FROM CRIMINAL LIABILITY IN CONNECTION WITH ACTIVE REPENTANCE
The article provides a detailed analysis of current problems arising in the process of applying the institution of release from criminal liability in connection with active repentance, provided for in Article 75 of the Criminal Code of the Russian Federation.
Particular attention is paid to controversial issues, in particular compensation for damage caused by a crime and other methods of assistance in their investigation, causing difficulties in law enforcement and analysis of various scientific positions on these issues.
Keywords: active repentance, exemption from criminal liability, voluntary surrender, assistance in solving a crime, compensation for damage, making amends for harm.
Article bibliography
1. Course of criminal law. General part. Volume 1: Theory of crime / Ed. by N. F. Kuznetsova, I. M. Tyazhkova. – M.: IKD “Zertsalo-M”, 2021. – 624 p.
2. Appellate ruling of the Moscow City Court dated July 15, 2022 in case No. 10-14726/2022 // The document was not published. Access from the SPS “ConsultantPlus”.
3. Appellate ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 15, 2022 No. 49-UD22-35-K6 // The document was not published. Access from the SPS “ConsultantPlus”.
4. Cassation ruling of the Judicial Collegium for Criminal Cases of the Second Cassation Court of General Jurisdiction dated March 22, 2023 No. 77-1303/2023 // The document was not published. Access from the SPS “ConsultantPlus”.
5. Resolution of the Plenum of the Supreme Court of the Russian Federation of June 27, 2013 No. 19 (as amended on November 29, 2016) “On the application by the courts of legislation regulating the grounds and procedure for exemption from criminal liability” // Bulletin of the Supreme Court of the Russian Federation. – 2013. – No. 8.
6. Kuznetsov A. A. Actual problems of compensation for moral damage // Law and Right. – 2023. – No. 4. – P. 120-123.
7. Commentary on the Criminal Code of the Russian Federation (article by article) / edited by A. I. Chuchaev. – M .: CONTRACT, 2022. – 1056 p.
8. Skripchenko N. Yu., Anoshchenkova S. V. Criminal-legal mechanism for compensation for damage caused by a crime: legislative regulation and practice // Bulletin of the Peoples’ Friendship University of Russia. Series: Legal Sciences. – 2022. – Vol. 26, No. 1. – Pp. 171-191.
9. Review of judicial practice of release from criminal liability with the appointment of a judicial fine (Article 76.2 of the Criminal Code of the Russian Federation) (approved by the Presidium of the Supreme Court of the Russian Federation on July 10, 2019) // Bulletin of the Supreme Court of the Russian Federation. – 2019. – No. 10.
CRIMINAL LAW
KERIMOVA Milana Magomedsadikovna
senior lecturer of Criminal law and criminology sub-faculty, Institute of Law, Dagestan State University, Makhachkala
A WOMAN AS A SUBJECT OF CRIME IN MODERN CRIMINAL LAW
Crime is a socially dangerous phenomenon and negatively affects all spheres of human activity. Currently, special attention is being paid to the study of female crime, as its growth trends are of concern to society. This is due to the fact that women have a significant impact on the social institution of the family and the upbringing of children. This article considers the female sex as one of the special subjects of crimes in criminal law. The article considers the motives for committing crimes and the factors that affect the crime rate among women.
Keywords: woman, criminal justice, circumstances mitigating punishment, female crime statistics.
Article bibliography
1. Alekseeva E. A. Criminological characteristics of women committing crimes // Psychopedagogy in law enforcement agencies. – 2019. – Vol. 24, No. 4 (79). – P. 469.
2. Kichigina O. Yu. Criminological features of female crime // Theory and practice of social and humanitarian sciences. – 2021. – No. 3 (15). – P. 87.
3. The mask of cuteness:the story of Inessa Tarverdiyeva and the Amazon gang. [Electronic resource]. – Access mode: https://telegra.ph/Maska-milovidnosti-istoriya-InessyTarverdievoj-i-bandy-amazonok-06-30 (date of access: 06.12.2024)
4. Molev G. I. Anisimova M. S. The state and trends of female crime in Russia at the present stage // Science. Society. State. – 2020. – Vol. 8, No. 4 (32). – P. 101.
5. Order of the Judicial Department at the Supreme Court of the Russian Federation dated 08.05.2018 No. 75 “On Amendments to the Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 11, 2017 No. 65, Table and Forms of Statistical Reporting on the Activities of Federal Courts of General Jurisdiction, Justices of the Peace and Criminal Records, Approved by This Order.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_300579/.
6. Petrova E. A. Phenomenon of Psychotrauma: Theoretical Aspect // Bulletin of Novgorod State University. – 2017. – No. 74, Vol. 2.- P. 89-91.
7. Portal of Legal Statistics of the Prosecutor General’s Office of the Russian Federation. [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2022/10/31/948099-http://crimestat.ru/genprokuraturazafiksirovala-rost-prestupnosti-sredi-zhenschin (Accessed: 03/09/2025).
8. Rosstat counted the number of men and women in Russia. The result is ambiguous // Mayak. [Electronic resource]. – Access mode: https://mayaksbor.ru/news/society/rosstat_poschital_kolichestvo_muzhch (Accessed: 02/09/2025).
9. Selikhova O. G. Criminological characteristics of female crime // Criminological journal. – 2020. – No. 4. – P. 76.
CRIMINAL LAW
OLIFIRENKO Ekaterina Pavlovna
Ph.D. in political sciences, associate professor of Criminal law and process sub-faculty, North Caucasus State Academy, Cherkessk
THE SPECIFICS OF THE ACTIVITIES OF THE PROSECUTOR’S OFFICE IN THE FIELD OF COUNTERING AND COMBATING JUVENILE DELINQUENCY (ON THE EXAMPLE OF THE KARACHAY-CHERKESS REPUBLIC)
The article examines the specifics of the activities of the prosecutor’s office in the field of combating juvenile delinquency, the tasks and functions of the prosecutor’s office in this area, as well as factors that have a direct impact on the crime rate among adolescents. The author pays attention to the disclosure of issues of legal regulation of this area of prosecutorial supervision, analyzes statistical data on the state of juvenile delinquency. The specifics of the stated problem are revealed by the author using the example of a specific subject of the Russian Federation, the Karachay-Cherkess Republic. The content of the article also outlines a number of areas for further development and improvement of prosecutorial supervision in the field of countering and combating juvenile delinquency.
Keywords: prosecutor’s office, prosecutorial supervision, criminal law, minors, criminal activity, involvement, prevention, counteraction.
Article bibliography
1. Anosov A. A. Complicity of minors in crimes: features of criminal liability and prevention: dis. … candidate of legal sciences: 12.00.08. – M., 2016. – 243 p.
2. Voevodina T. G. Prosecutor’s supervision of the implementation of laws on minors: [monograph]; MCNP “New Science”. – Petrozavodsk, 2019. – 101 p.
3. Korshunova O. N., Nikitin E. L., Lunkov D. A., Serova E. B., Dytchenko G. V. Coordination of the activities of law enforcement agencies in the fight against crime by the prosecutor: a textbook for students in specialist, master’s and additional professional education programs / Under the general editorship of O. N. Korshunova. – St. Petersburg: St. Petersburg Law Institute (branch) of the University of the Prosecutor’s Office of the Russian Federation, 2021. – 176 p.
4. Morozova O. V. Activities of the prosecutor’s office to counteract the commission of serious and especially serious crimes by minors // Modern Science. – 2023. – No. 2. – P. 40-44.
5. Vasilyeva T. A., Voevodina T. G., Kachanova O. B., Kovaleva M. G., Nikolaeva T. G., Rokhlin V. I., Sevastyanik I. K. Prosecutor’s supervision over the implementation of laws on minors / Under the general editorship of V. I. Rokhlin. – 2nd ed., corrected. – St. Petersburg, 2005. – 220 p.
6. Dudin N. P., Vasilyeva T. A., Kachanova O. B., Larina N. Ya., Pristanskaya O. V., Salnikova O. V., Serova E. B., Skachkova A. E., Shavrova N. V. Prosecutor’s supervision over the implementation of laws on minors / Head of the auth. col. N. P. Dudin. – SPb.: St. Petersburg Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation, 2009. – 636 p.
7. Khomenko S. M. The nature, goals and objectives of prosecutorial supervision over compliance with laws on minors // North Caucasian Legal Bulletin. – 2020. – No. 3. – P.135-143.
CRIMINAL LAW
PEREZHOGINA Galina Vladimirovna
Ph.D. in Law, associate professor of Criminal law disciplines sub-faculty, Institute of State and Law, Tyumen State University
TASBAEVA Ainur Nurlanovna
magister student, Institute of State and Law, Tyumen State University
CRIMINAL LIABILITY FOR DRIVING TO SUICIDE IN THE LEGISLATION OF RUSSIA AND KAZAKHSTAN
The article analyzes the features of the regulation of criminal liability for driving to suicide in the criminal legislation of Russia and Kazakhstan. In 2024, the criminal law norm contained in the criminal legislation of the Republic of Kazakhstan was amended, which determined the relevance of the study. Using a comparative approach, the features of technical and legal constructions of norms are considered, the consequence of which is suicide. The authors analyzed the main features of the crime, based on the comparative analysis, conclusions are made necessary for the accurate qualification of the act and distinction from other related crimes.
Keywords: driving to suicide, incitement to suicide, criminal suicide, criminal legislation of Russia, Republic of Kazakhstan.
Article bibliography
1. Ayupov V. Sh. The content of the subjective side of incitement to suicide (Article 110 of the Criminal Code of the Russian Federation) // Bulletin of Tomsk State University. – Law. – 2012. – No. 2. – P. 12-16.
2. Demographic yearbook of Russia. 2023: Stat. collection / Rosstat. – M., 2023. – 256 p.
3. Commentary on the Criminal Code of the Russian Federation for prosecutors (article by article) (ed. by Cand. Sci. (Law) V. V. Malinovsky; scientific editor Prof. A. I. Chuchaev). – M.: “CONTRACT”, 2011.
4. Ryzhov E. V. Problems of determining the method of committing a crime under Article 110 of the Criminal Code of the Russian Federation // Bulletin of the Moscow Academy of the Investigative Committee of the Russian Federation. – 2017. – No. 3. – P. 82-85.
5. Ukolova Yu. A. Problems of qualifying incitement to suicide as a criminal act: dis. … Cand. Sci. (Law). – M., 2008. – P. 114.
6. Tsyrkalyuk A. A. Criminal liability for incitement to suicide: dis. … candidate of legal sciences. – Tambov, 2011. – pp. 31-32.
CRIMINAL LAW
RADCHENKO Marina Eduardovna
senior lecturer of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of a proud person from society sub-faculty, Pskov branch, University of the FPS of Russia
FORCED LABOR IN THE CONTEXT OF THE REALIZATION OF CONVICTS’ RIGHTS
The article discusses such a type of punishment as forced labor. And the institutions where the shocked person is serving the specified type of punishment are also included in the consideration. The current state and number of correctional institutions performing forced labor are described. The occupancy limit of these institutions is described. Statistical data is provided. The article reveals the problems of implementing this type of punishment in practice. The author considers both the positive aspects of the use of this type of punishment and the negative ones. The article will reveal all the advantages of performing forced labor. In addition to the positive aspects, all the nuances that public authorities face when implementing punishment in practice will be indicated. The rights of persons sentenced to serve this type of punishment will be considered.
Keywords: forced labor, correctional center, penal enforcement system, registered persons, law-abiding behavior.
Article bibliographic list
1. Zubova A. O., Simagin A. O. Problems of execution of punishment in the form of forced labor in the Russian Federation // Bulletin of the Samara Law Institute. – 2020. – No. 1 (37). – P. 45-52.
2. Radchenko M. E. On the Distinctive Features of the Legal Status of Persons Sentenced to Forced Labor // The Penal System: History and Modernity: Collection of Materials of the Interuniversity Scientific and Practical Conference, July 31, 2023. – Pskov: Pskov Branch of the University of the Federal Penitentiary Service of Russia, 2023. – P. 166-168.
3. Radchenko M. E. Legal Status of Persons Sentenced to Forced Labor // The Penal System: History and Modernity: Collection of Materials of the Interuniversity Scientific and Practical Conference with International Participation, April 18–19, 2024. – Pskov: University of the Federal Penitentiary Service of Russia, 2024. – P. 249-251.
4. Kovalev O. G. Legal mechanism for the implementation of the right to work of those sentenced to forced labor // Education and Law. – 2024. – No. 8. – P. 359-364.
5. Shcherbakova D. S. On the issue of legal restrictions for those sentenced to forced labor // Bulletin of the Tomsk Institute for Advanced Training of Employees of the Federal Penitentiary Service of the Russian Federationand. – 2022. – No. 3 (13). – P. 108-114.
6. FSIN of Russia. [Electronic resource]. – Access mode: https://versia.ru/fsin-rossii.
CRIMINAL LAW
SEYFETDINOVA Ekaterina Irekovna
Ph.D. in Law, associate professor, associate professor of Criminal law and special disciplines sub-faculty, Moscow University for the Humanities
CRIMINAL LAW COUNTERACTION TO DIGITAL CRIME IN ORDER TO ENSURE THE NATIONAL SECURITY OF THE RUSSIAN FEDERATION
The introduction of digital technologies into various spheres of public life, including law enforcement, requires legal regulation, including the application of criminal law. The Internet and social networks are used by people for personal and public needs, respectively, criminal legislation must be brought into line with the permanent digitalization of the life of society and the state. Information security of the state and society is also ensured by the force of criminal law. Crimes committed using computer programs can be committed on the territory of several states, where the act is committed on the territory of one country (for example, the actions of fraudsters), and the consequences occur in another country, require a rethinking of the effect of the criminal law in space. The issues of criminal law regulation of cryptocurrency, unauthorized access to the websites of state authorities and administration in the Russian Federation, the use of social networks to manage the activities of terrorists remain relevant. Criminal law counteraction to digital crime is necessary to ensure the national security of Russia.
Keywords: criminal law, cybercrime, law enforcement, information security of the state and society, cryptocurrency.
Article bibliography
1. Golovanova N. A., Gravina A. A., Zaitsev O. A. Criminal-jurisdictional activity in the context of digitalization. – M., 2019. – P. 48.
2. Resolution of the Plenum of the Supreme Court of the Russian Federation of 12/15/2022 No. 37 “On certain issues of judicial practice in criminal cases on crimes in the field of computer information, as well as other crimes committed using electronic or information and telecommunications networks, including the Internet.” [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/own/31913/?ysclid=m87k06b5cr201883101.
3. Russkevich E. A. Criminal law and “digital crime”: problems and solutions: monograph. – 2nd ed., revised. and add. M.: INFRA-M, 2022. – S. 9.
4. Agapov P. V., Borisov S. V., Vagurin D. V., Korenyuk A. L., Merkuryev V. V., Pobegaylo A. E., Khaliullin A. I. Counteracting cybercrime in terms of ensuring national security: monograph. – M., 2014. – S. 34.
5. Voronin Yu. A., Kukhtina T. V. Criminal legislation of foreign countries on liability for crimes in the information and digital environment // Bulletin of the South Ural State University. – 2022. – No. 22 (1). – S. 14.
6. Evdokimov K. N. Counteracting computer crime: theory, legislation, practice: dis. … Doctor of Law: 12.00.08. – M., 2022. – P. 52.
CRIMINAL LAW
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
QUALIFICATION OF HOOLIGANISM MOTIVATED BY HATRED OR ENMITY AGAINST ANY SOCIAL GROUP
Based on the analysis of judicial practice, the author considers the issues of qualification of hooliganism committed on the grounds of hatred or enmity against any social group. The signs that a law enforcement officer uses to identify such a group are under investigation. The analysis of some aspects of the qualification of hooliganism as an extremist crime presented in the article made it possible to formulate separate criteria for distinguishing it from other extremist crimes, as well as to identify a number of signs that, in the author’s opinion, it is reasonable to take into account when establishing the type of criminally punishable hooliganism in question.
Keywords: crime, hooliganism, extremist orientation, social group, motive of hatred or enmity.
Article bibliographic list
1. Kiyatkina I. A. Distinction between the motive of religious hatred or enmity and the motive of national hatred or enmity // Gaps in Russian legislation. – 2017. – No. 5. – P. 118-119.
2. Pavlov V. G. On optional features of the subjective side of hooliganism // Leningrad Law Journal. – 2016. – No. 3 (45). – P. 191-201.
3. Sentence of the Dubovsky District Court on barrel No. 1-71 / 2019 dated 06.08.2019. [Electronic resource]. – Access mode: https://actofact.ru/case-34RS0014-1-71-2019-2019-07-01-2-0/. (date of access: 12.02.2025).
4. Verdict of the Central District Court of Voronezh on barrel No. 1-161/2017 dated 05.06.2017. [Electronic resource]. – Access mode: https://actofact.ru/case-36RS0006-1-161-2017-2017-06-13-2-0/. (date of access: 12.02.2025).
5. Verdict of the Central District Court of Omsk on case No. 1-128/2024 1-508/2023 dated 29.01.2024. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/WqDC5XW8MoUY/. (date of access: 12.02.2025).
6. Verdict of the Leninsky District Court of Chelyabinsk in case No. 1-490/2017 dated 03.10.2017. [Electronic resource]. – Access mode: https://actofact.ru/case-74RS0004-1-490-2017-2017-07-03-2-0/. (date of access: 12.02.2025).
CRIMINAL LAW
AGABALAEV Mukhamed Imamedinovich
Ph.D. in Law, Humanities sub-faculty, Rector, Socio-Pedagogical Institute
PROBLEMS OF DISTINGUISHING HOOLIGANISM IN CRIMINAL AND ADMINISTRATIVE LAW
The article examines the problems of distinguishing hooliganism in criminal and administrative law, focusing on the terminology used to describe this offense. The article analyzes the characteristics of the structure of hooliganism in administrative-legal and criminal-legal relations, identifies the key differences between petty and gross hooliganism. The existing shortcomings in the legislation are discussed, including the ambiguity of concepts and the lack of clear criteria for classifying actions as administrative or criminal.
Keywords: Hooliganism, structure of the composition, noise, swearing and swearing.
Article bibliography
1. Agadzhanyan M.A., Manna A.A.K. Problems of qualification of hooliganism // Modern science. – 2014. – No. 4. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-kvalifikatsii-huliganstva (date of access: 10.02.2025).
2. Kemova N. N. Development of criminal legislation of Russia providing for liability for hooliganism: from aggravated composition to a generic concept // Man: crime and punishment. – 2016. – No. 2 (93). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/razvitie-ugolovnogo-zakonodatelstva-rossii-predusmatrivayuschego-otvetstvennost-za-huliganstvo-ot-kvalifitsirovannogo-sostava-k (date of access: 10.02.2025).
3. Kurichkov D. O. Hooliganism: some problems of qualification // Scientific component. – 2022. – No. 2 (14). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/huliganstvo-nekotorye-problemy-kvalifikatsii (date of access: 10.02.2025).
4. Pobedkin S. V. Actual problems of qualification of hooliganism in transport // Law and state: theory and practice. – 2019. – No. 12 (180). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/aktualnye-problemy-kvalifikatsii-huliganstva-na-transporte (date of access: 10.02.2025).
5. Savin A. A., Tsvetkova E. V. On hooliganism in Russian legislation // Humanitarian, socio-economic and social sciences. – 2022. – No. 2. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-huliganstve-v-rossiyskom-zakonodatelstve (date of access: 02.10.2025).
CRIMINAL LAW
ALISULTANOVA Sabiyat Alisultanovna
magister student of the 3rd course in the specialty 04/40/01. “Jurisprudence”, North Caucasus Institute (branch), All-Russian State University of Justice (RLA of the Ministry of Justice of Russia) in Makhachkala
ADILOV Zaur Adilovich
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) in Makhachkala
THE CONCEPT AND ESSENCE OF THE PRINCIPLE OF JUSTICE AS A BRANCH PRINCIPLE OF CRIMINAL LAW
The article offers an analysis of the ideas that have developed in criminal law science about the concept, content and directions of the implementation of the principle of justice in the norms of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation). In the criminal law, this principle is normatively fixed in three main directions. This principle is considered as a fundamental idea that forms the basis of Russian criminal legislation. The article offers some author’s judgments and recommendations aimed at optimizing the understanding and normative consolidation of the principle of justice, taking into account its social content.
Keywords: criminal law, the Criminal Code of the Russian Federation, crime, the principle of justice, criminal punishment, restoration of social justice, criminal responsibility, criminal legal impact, criminal legal relations.
Article bibliography
1. Antonov A. G. On the content of the principle of justice in criminal law // Criminal justice. – 2020. – No. 15. – P. 8-10.
2. Vasiliev O. L. Criminal procedure category “justice” in the legal positions of the Constitutional Court of the Russian Federation // Bulletin of Moscow University. – 2016. – No. 3. – P. 38-46.
3. Kolosovsky O. V. The principle of justice as a unifying principle of encouragement in criminal law // Bulletin of the Russian New University. – 2024. – No. 4. – P. 111-121.
4. Maslov V. A. Declared and true goals of criminal punishment // Lex Russica (Russian law). – 2022. – Vol. 75, No. 12 (193). – P. 55-59.
5. Pudovochkin Yu. E., Pirvagidov S. S. Concept, principles and sources of criminal law: a comparative legal analysis of the legislation of Russia and the countries of the Commonwealth of Independent States. – St. Petersburg: Legal center Press, 2003. – 297 p.
6. Rashidov Sh. T. Problems of implementing the principle of justice in the articles of the special part of the Criminal Code of the Russian Federation // Young scientist. – 2020. – No. 7 (297). – pp. 124-126.
CRIMINAL LAW
ANDREEV Alexander Sergeevich
postgraduate student of Criminal law and process sub-faculty, Ural Institute of Management, Russian Academy of National Economy and Public Service under the President of the Russian Federation Russia, Yekaterinburg
SOME PROBLEMS OF QUALIFICATION BASED ON THE OBJECTIVE SIDE OF THE CRIME PROVIDED FOR IN ARTICLE 332 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION (“FAILURE TO COMPLY WITH AN ORDER”)
The article notes the importance of a thorough analysis of the signs of the objective side for a reasonable and correct qualification of the deed. The objective side of the act provided for in Article 332 of the Criminal Code of the Russian Federation is considered through the prism of the latest clarifications of the Supreme Court of the Russian Federation. The problem of excessive use by the legislator of constructions having a purely evaluative character has been discovered, which does not contribute to the unification of law enforcement. An attempt is made to reveal the essence of the category of “order” as one of the key categories in the issue under consideration. It is noted that this concept is not synonymous with “order”. Similarly, a line has been drawn between «significant harm to the interests of the service» in relation to Chapter 33 of the Criminal Code of the Russian Federation and «grave consequences» specified in Part 2 of Article 332 of the Criminal Code.
Keywords: non-fulfillment of orders, serviceman, superior, interests of military service, significant harm, grave consequences.
Article bibliography
1. Bocharova M. A. Crimes against military service: controversial issues and their solutions // E-Scio. – 2020. – No. 12. – P. 58-66.
2. Gruzinskaya E. I., Dolzhikov R. S. Critical analysis of objective features of crimes against military service (Chapter 33 of the Criminal Code of the Russian Federation) // Issues of Russian and International Law. – 2020. – Vol. 10, No. 1A. – P. 189-201.
3. Devyatko A. Yu. Some issues of criminal liability of military personnel for failure to comply with the order of the commander and superior // Russian judge. – 2004. – No. 18. – P. 18-21.
4. Israilov I. I. Certain difficulties in qualifying crimes against the order of subordination and military statutory relationships // Law in the Armed Forces. – 2018. – No. 8. – P. 92-98.
5. Makarov D. B. Criminal-legal characteristics of failure to comply with an order by a military man // Military law. – 2018. – No. 6. – P. 245-249.
6. Ozhegov S. I. Dictionary of the Russian language. – 1023 p.
7. Criminal law of the Russian Federation. General part: Textbook / Under. ed. A. I. Raroga. – M.: Infra-M, 2021. – 876 pp.
CRIMINAL LAW
MAMEDOV Tamiz Saleh oglu
postgraduate student, Patrice Lumumba Peoples’ Friendship University of Russia
WAYS TO IMPROVE CRIMINAL LAW MEASURES FOR VIOLATION OF LABOR PROTECTION REQUIREMENTS IN THE REPUBLIC OF AZERBAIJAN AND THE REPUBLIC OF TURKEY
Compliance with the rights to safe working conditions is an integral part of ensuring the safety of life and health of people and is an important area of state policy. Violation of labor protection requirements can have serious consequences, so the legislation provides for various types of liability for such actions. In this regard, issues related to the improvement of criminal law aimed at labor protection arise. The main objective of this study is a comprehensive study and understanding of criminal law problems of violation of labor protection rules in Azerbaijan and Turkey. The study is aimed at studying the legal consequences of violations of labor protection rules, as well as the effectiveness of existing legal norms and methods of implementing punitive measures.
Keywords: law, labor safety, criminal law, security, Republic of Azerbaijan, Republic of Turkey.
Bibliographic list of articles
1. Azərbaycan Respublikasının Əmək Məcəlləsi. [Electronic resource]. – Access mode: https://eqanun.az/framework/46943.
2. Azərbaycan Respublikasının Cinayət Məcəlləsi. [Electronic resource]. – Access mode: https://eqanun.az/framework/46947.
3. Azərbaycan Respublikasının Konstitusiyası. [Electronic resource]. – Access mode: https://eqanun.az/framework/897.
4. Bünyətov Yunis Heydər oğlu (2003) Əməyin mühafizəsi (məlumat kitabçası). Bakı, ―Adiloğlu‖ -127 səh.
5. Əhmədov Y., Rəhimov T. (2011) İşçilərin sağlamlığı və əməyin təhlükəsizliyi. (Soraq kitabı, II cild) Bakı -453 səh.
6. Kasumov A.M. Labor law. – Baku: Adilogly, 2007. – P. 262.
7. ALPAGUT, Gülsevil: 6331 Sayılı İş Sağlığı ve Güvenliği Kanununun Genel Esasları. İstanbul Üniversitesi Hukuk Fakültesi Mecmuası. 2014.
8. AKI, Erol: 6331 Sayılı İş Sağlığı ve Güvenliği Kanunu ve Çalışma Yaşamına Etkileri. Dokuz Eylül Üniversitesi Hukuk Fakültesi Dergisi. 2013.
9. İNCİROĞLU, Lütfi: İş Sağlığı ve Güvenliğinde İşçi ve İşverenin Hukuki ve Cezai Sorumlulukları. Legal Yayıncılık, İstanbul, 2008.
10. TÜRK CEZA KANUNU1. [Electronic resource]. – Access mode: https://mevzuat.gov.tr/mevzuatmetin/1.5.5237.pdf.
11. 6331 İş Sağlığı ve Güvenliği Kanunu. [Electronic resource]. – Access mode: https://www.lexpera.com.tr/mevzuat/kanunlar/is-sagligi-ve-guvenligi-kanunu-6331.
CRIMINAL LAW
STAROSELETS Olga Sergeevna
postgraduate student of the 3rd course of Criminal law and process sub-faculty, Petrozavodsk State University
ON THE ISSUE OF THE FORMATION OF MAJOR DAMAGE IN DELIBERATE BANKRUPTCY
Recognizing the relevance of the relationship between legislative regulation and economic realities, especially those that are currently emerging, this scientific article reflects an analysis of the criminal law mechanism governing the procedure for bringing to criminal responsibility for intentional bankruptcy. One of these problems in the aforementioned composition of the crime, which is the subject of this article, is the issue of the formation of large-scale damage. When considering the discussion field in the study of the issue of the limits of major damage in intentional bankruptcy, this article puts forward the main ideas capable of generating unity in views and law enforcement practice.
Keywords: criminal law, crime, intentional bankruptcy, debtor, intent, major damage, the moment of the end of the crime
Article bibliography
1. Deryagina S. V. Criminal bankruptcies under the criminal legislation of the Russian Federation: retrospective and criminal-law analysis: dis. … candidate of legal sciences: 5.1.4. – Ekaterinburg, 2022. – 202 p.
2. Lyaskalo A. N. Damage in bankruptcy crimes // Criminal law. – 2023. – No. 9. – P. 27-40.
3. Govorkov N. M., Terekhov E. V. Large damage in criminal bankruptcy // Legality. – 2013. – No. 11. – P. 44-47.
4. Ermoolovich Ya. N. Lost profit as a socially dangerous consequence of committing a crime // Russian investigator. – 2019. – No. 3. – P. 42-45.
5. Yatselenko B. V., Zhilkin M. G. Damage as a consequence of crimes in the sphere of economic activity // Tax and other economic crimes. Collection of scientific articles. – 2001. – No. 5. – P. 21-32.
6. Lopashenko N. A. Crimes in the Sphere of Economic Activity: Theoretical and Applied Analysis. – M.: Yurlitinform, 2015. – P.96-97.
7. Klepitsky I. A. The System of Economic Crimes. – M.: Statut, 2005. – P. 10.
8. Gutnikov O. V. Tort Liability for Violation of Relative Rights: Development Prospects in Russian Law // Law. – 2017. – No. 1. – P. 22-37.
9. Shmatenko A. A. Damage as an Element of the Objective Side of Criminal Bankruptcies // Russian Investigator. – 2014. – No. 8. – P. 27-32.
10. Tsepov G. V. Damage as an element of the objective side of criminal bankruptcies // Law. – 2016. – No. 8. – P. 98-102.
11. Volzhenkin B. V. Crimes in the sphere of economic activity under the criminal law of Russia. – M.: Publishing house of R. Arsalanova “Legal Center Press”, 2007. – P. 386.
12. Zhilkin M. G. Legal assessment of damage in criminal abuses in the sphere of bankruptcy // Property relations in the Russian Federation. – 2020. – No. 6. – P. 56-64.
CRIMINAL LAW
UDINTSEV Gleb Vladimirovich
postgraduate student, Institute of International Law and Justice, Moscow State Linguistic University
THE NEED FOR CRIMINAL LAW PROTECTION OF CORPORATE GOVERNANCE
This article discusses the need of using criminal law methods to protect corporate governance. The author analyzes the existing corporate governance structure designed to ensure the responsibility of managers to shareholders and maintain a balance of interests between different groups of corporate participants. Special attention is paid to the problems of agency costs and abuse by management, which can harm minority shareholders and the company as a whole. Methods of illegal enrichment through violations of corporate governance, such as excessive payments to management and the conclusion of contracts with affiliated companies, are also being considered. Examples from Russian and foreign judicial practice are given, demonstrating the scale of possible abuses and their consequences for shareholders and the society as a whole. The analysis of the existing gaps, inaccuracies and shortcomings of the legal technique of the norms aimed at protecting corporate governance in the Russian Criminal Code is carried out. The author concludes that the need for criminal protection of corporate governance is quite real.
Keywords: corporate governance, management, shareholders, balance of interests, agency costs, economic crimes, crimes against the interests of service in commercial and other organizations, use of official position.
Article bibliography
1. Actual problems and tasks of corporate law: monograph / Edited by Doctor of Law V. V. Romanova. – M .: Publishing group “Yurist”, 2020. – 240 p.
2. Berezhnoy A. Yu., Marchenko T. V. Features of the concepts: major shareholder, large block of shares, minority shareholder, corporate control // Theoretical aspects of jurisprudence and issues of law enforcement: a collection of articles based on the materials of the II International scientific and practical conference. – M., 2017. – P. 54-55.
3. Bychkov A. Put in a good word for the minority shareholder // EZh-Yurist. – 2014. – No. 27. – P. 12.
4. Gridnev E. V. Legal characteristics of the protection of corporate rights. Education and Law. – 2023. – No. 3. – P. 70-74.
5. Golovanova N. A. Corporate liability: transformation of criminal law regulation // Journal of Foreign Legislation and Comparative Law. – 2022. – No. 2. – P. 82-96.
6. Gutnikov O. V. Corporate liability of participants in commercial corporations: problems and development prospects // Law. Journal of the Higher School of Economics. – 2019. – No. 1.- P. 45–70.
7. Lopashenko N. A. Crimes in the economic sphere (author’s commentary on the criminal law: Section VIII of the Criminal Code of the Russian Federation). – M.: Wolters Kluwer, 2006. – P. 530–566.
8. Medvedev S. S., Terlych I. A. Some problems of applying Article 201 of the Criminal Code of the Russian Federation // Science Time. – 2016. – No. 2 (26). – P. 402–404.
9. Semenov T. V. Criminal-legal prohibitions in the sphere of corporate relations: social conditioning and legislative construction: dis. … Cand. of Law: 12.00.08 / Scientific. hand. V. F. Tsepenev; Nat. res. University “Higher School of Economics”. – M., 2016.
10. Simchenko N. A., Voloshin A. I., Sribny V. I. Corporate social responsibility / Crimean Federal University named after V. I. Vernadsky. – Simferopol: OOO “Publishing House Printing House” Arial “, 2019. – 230 p.
11. Smirnova E. E. Actual issues of tax administration of certain categories of taxpayers // Problems of Economics and Legal Practice. – 2023. – Vol. 19, No. 1. – P. 288-292.
12. Stupina S. A., Sherstyanykh A. S. Members of governing bodies of business entities as subjects of criminal and civil liability for corruption-related crimes // Bulletin of the Siberian Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 3 (36). – P. 144-145.
13. Tukhashvili O. V. Features of the application of Art. 195-197 of the Criminal Code of the Russian Federation for the implementation of criminal liability in the field of bankruptcy // Bulletin of the Magistracy. – 2022. – No. 4-4 (127). – P. 108-111.
14. Azwali S. Corporate Management and its Principles // Financial International Journal of Scientific and Research Publications. – 2022. – No. 12. – P. 103-105.
15. Conlon T., Corbet S. The collapse of the FTX exchange: The end of cryptocurrency’s age of innocence // The British Accounting Review. – 2023. – 348 p.
16. Guillen M. F., Capron L. State Capacity, Minority Shareholder Protections, and Stock Market Development // Administrative Science Quarterly. – 2015. – P. 1-36.
17. Harding Ch., Edwards J. Cartel criminality: the mythology and pathology of business collusion. – London: Burlington, VT: Ashgate, 2015. – 280 p.
18. Jeong D. H., Weidhaas M. Executive Compensation: Mannesmann v. Disney – A Case Study // Comparative Corporate Governance and Financial Regulation. – 2016. – P. 36.
19. Jensen M. C. A Theory of the Firm: Governance, Residual Claims and Organizational Forms // Harvard University Press. – 2023. – 323 p.
20. John C. Coffee Jr. Crime and the Corporation: Making the Punishment Fit the Corporation, J. CORP. – 2022. – No. 47 L. – P. 963.
CRIMINAL PROCEDURE
ABDULLOZODA Parviz Sadullo
Ph.D. in Law, associate professor of Justice and prosecutor`s supervision sub-faculty, Faculty of Law, Tajik National University
THE NOTION, LEGAL NATURE AND TYPES OF INTERNATIONAL COOPERATION IN THE FIELD OF CRIMINAL PROCEEDING
The article deals with current legal issues related to the concept of legal nature and types of international cooperation in the field of criminal procedure in post-Soviet countries. It analyzes the characteristics of a sub-branch of international cooperation in criminal proceedings considering the current tendencies of development of this sub-branch of criminal proceedings and modern threats of the global scale. The author considers the correlation of international cooperation in criminal proceedings and international legal assistance in criminal matters as well as international cooperation in combating crime. It gives a critical assessment of the proposals and conclusions which relate international cooperation in the field of criminal procedure in one form or another to the activities of the fight against crime. The place of international cooperation in the field of criminal procedure, which has inter-branch character in the national legal system as a sub-branch of criminal procedure and in the system of international law as a sub-branch of international criminal procedure, is determined. It is proven that the enormous pace of development of international cooperation in criminal proceedings has contributed to the emergence of new institutions of this cooperation, such as international legal assistance in criminal matters, extradition of persons, transfer of persons, and the formation of the institution of transfer of criminal proceedings. Given the pace of development of international cooperation in criminal proceedings, the author proposes the possibility of the emergence of new sub-institutions within the framework of international cooperation, which require legal regulation of new sub-institutions within the traditional institutions of international cooperation in criminal proceedings.
Keywords: international legal assistance, transfer of criminal proceedings, extradition, transfer of persons, international cooperation, post-Soviet countries, and criminal procedural legislation.
Article bibliography
1. Abdulloev P. S. International cooperation in the field of criminal procedure in post-Soviet states. – M., 2021. – 464 p.
2. Abdulloev P. S. Formation of the institution of transfer of criminal proceedings within the framework of international cooperation in the post-Soviet space // Bulletin of Moscow University. Series 11. Law. – 2015. – No. 12. – P. 76-88.
3. Alekseev S. S. The structure of Soviet law. – M., 1975. – 264 p.
4. Biryukov P. N. International criminal procedural law and the legal system of the Russian Federation: theoretical problems: author’s abstract. diss… doctor of law. – Kazan, 2001. – 42 p.
5. Bykova E. V., Vyskub V. S., Khairullina G. A. Development of the institute of international cooperation in the field of criminal proceedings within the CIS. – M., 2012. – 296 p.
6. Interaction of international and comparative criminal law: textbook / Scientific ed. N. F. Kuznetsova; responsible ed. V. S. Komissarov. – M., 2009. – 288 p.
7. Volevodz A. G. International cooperation in criminal proceedings: concept, features, sources and main forms // Library of a criminalist. Scientific journal. – 2015. – No. 4. – P. 99-117.
8. Volevodz A. G. International cooperation in criminal proceedings: from development trends to an independent theory // Actual problems of comparative and international criminal law: collection of scientific papers: for the 15th anniversary of the Department of Criminal Law, Criminal Procedure and Criminalistics. – M., 2016. – P. 239-273.
9. Volevodz A. G. On one procedural and forensic aspect of international cooperation in criminal proceedings // Criminal proceedings: current state and main areas of improvement. Collection of materials of the International scientific and practical conference dedicated to the 50th anniversary of Doctor of Law, Professor A. V. Grinenko. – M., 2016. – P. 355-362.
10. Volevodz A. G. Legal foundations of new directions of international cooperation in the field of criminal procedure: diss. … Doctor of Law. – M., 2002. – 462 p.
11. Volzhenkina V. M. Provision of legal assistance in criminal cases in the field of international cooperation. – St. Petersburg, 2000. – 112 p.
12. Gardotsky L. M. International cooperation in criminal cases // Social. legality. – 1979. – No. 6. – P. 61.
13. Glotova S. V. Features of international criminal proceedings (on the example of the International Criminal Court) // Russian Law Journal. – 2011. – No. 3. – P. 99-110.
14. Glumin M. P. International legal assistance in criminal cases as an institution of criminal procedural law of Russia: dis. … Cand. of Law. – N. Novgorod, 2005. – 274 p.
15. Gutsenko K. F. International cooperation in criminal proceedings // Criminal procedure: textbook for students of law schools and faculties / Ed. K. F. Gutsenko. – M., 2005. – P. 664-678.
16. Davydova M. V. Grounds and procedure for implementing mutual legal assistance in criminal cases: dis. … Cand. of Law. – M., 2009. – 232 p.
17. Kiselev V. G. Legal assistance in criminal cases in treaties of the USSR with other socialist states: author’s abstract. dis. … candidate of legal sciences. – L., 1978. – 23 p.
18. Course of criminal procedure / Ed. by D.Sc. (Law), prof. L. V. Golovko. – M., 2016. – 1278 p.
19. Lazutin L. A. Legal assistance in criminal cases as a complex formation in international criminal and criminal procedural law: dis. … doctor of legal sciences. – Kazan, 2009. – 434 p.
20. Leshukova I. V. Some aspects of international cooperation under the new Criminal Procedure Code of Ukraine// International criminal law and international justice. – 2013. – No. 1. – P. 18-20.
21. Martens F. F. Modern international law of civilized nations: in 2 volumes. Vol. 1 / Ed. by V. A. Tomsinov. – M., 2008. – 368 p.
22. Martens F. F. Modern international law of civilized nations: in 2 volumes. Vol. 2 / Ed. by V. A. Tomsinov. – M., 2008. – 432 p.
23. Makhniboroda I. M. International procedural law and international legal proceedings: features of interaction: dis. … Cand. of Law. – M., 2011. – 239 p.
24. Mezyaev A. B. Rights of the accused in modern international criminal proceedings (theoretical and practical issues): diss. Doc. of Law. – M., 2013. – 408 p.
25. Milinchuk V. V. Mutual legal assistance in criminal cases: general conditions for provision and forms (current practice and development prospects): diss. Doc. of Law. – M., 2001. – 330 p.
26. Mikhailov V. A. International cooperation in criminal proceedings. – M., 2011. – 160 p.
27. Nersensts V. S. General theory of law and state: textbook for law schools and faculties. – M., 1999. – 552 p.
28. Rabtsevich O. I. International criminal justice bodies. – M., 2008. – 594 p.
29. Samarin V. I. International legal assistance // Belarusian legal encyclopedia: in 4 volumes. Vol. 2. – Minsk, 2009. – P. 211.
30. Tabaldieva V. Sh. Criminal procedural status of subjects of international legal assistance in criminal cases: author’s abstract. diss. … doctor of law. – M., 2005. – 49 p.
31. Ustinov A. V. Interaction of preliminary investigation bodies of the Russian Federation with authorized subjects of foreign states for the purpose of obtaining evidence in a criminal case: monograph / Under the scientific editorship of A. G. Volevodz. – M., 2014. – 200 p.
32. Feoktistova E. E. International cooperation of preliminary investigation bodies in criminal cases: procedural-legal and forensic aspects: author’s abstract. dis. … candidate of legal sciences. – M., 2007. – 27 p.
33. Tsepelev V. F. International cooperation of states in the fight against crime // International criminal justice: Modern problems / Ed. G. I. Bogush, E. N. Trikoz. – M., 2009. – P. 446-458.
34. Shinkevich D. V. Features of proof in criminal cases when providing legal assistance by foreign states: dis. … candidate of legal sciences. – Krasnoyarsk, 2006. – 257 p.
35. Shinkevich D. V. Implementation of criminal prosecution within the framework of international cooperation: textbook. manual. – Krasnoyarsk, 2009. – 68 p.
36. Shupilov V. P. International legal assistance in criminal cases // Sov. state law. – 1974. – No. 3. – P. 85-91.
CRIMINAL PROCEEDINGS
VATUTINA Oksana Yurjevna
senior lecturer of Criminal process and criminology sub-faculty, St. Petersburg State University, lawyer of the NGO “AK “ALIBI”
THE PARTICIPATION OF A SPECIALIST IN PROVING, AS A FORM OF IMPLEMENTATION IN THE RUSSIAN CRIMINAL PROCESS OF A SPECIAL MODEL OF FORENSIC EXAMINATION
This article examines the model of forensic examination implemented in the criminal procedure law of Russia through the prism of building an ideal or theoretical model of forensic examination. The ideal model of forensic examination is determined by the author on the basis of research and comparative analysis of the continental and Anglo-American models of forensic examinations, as well as the model of forensic examination implemented in modern Russian criminal proceedings. The article reveals the ambiguity of the position on the attribution of the Anglo-American model of forensic examination to the adversarial model and its actual inconsistency with the criteria of competitiveness. The features of the continental model of forensic examination are determined. The specifics of the forensic examination model implemented in the modern criminal process of Russia are revealed. The author formulates the essential elements of the ideal model of forensic examination and provides an analysis of existing models of forensic examination based on the presence or absence of its essential elements.
Keywords: forensic examination model, special knowledge, scientific evidence, specialist, proof.
Article bibliography
1. Branovitsky K. L., Rentz I. G., Reshetnikova I. V. Can an expert be trusted or a few words about the guarantees of the quality of forensic examination (comparative legal analysis) // Zakon. – 2019. – No. 10. – P. 43-54.
2. Vinberg A. I. Basic principles of Soviet forensic examination. – M., 1949. – P. 71.
3. Gogel S. K. Jury trial and examination in Russia. – M.: Kniga po Trebovaniyu, 2016. – P. 36.
4. Course of criminal procedure / Ed. by Doctor of Law, Professor L. V. Golovko. 2nd ed., corrected. – M.: Statut, 2017. – P. 506.
5. Polyansky N. N. Evidence in foreign criminal proceedings. Legal Publishing House of the USSR Ministry of Justice. – M., 1946. – P. 124.
6. Rossinskaya E. R. Forensic examination in civil, arbitration, administrative and criminal proceedings. 3rd ed., revised. and add. – M.: Norma Infra-M, 2013. – P. 21, 22.
7. Samuticheva E. Yu. Expert opinion and its assessment in criminal proceedings (comparative legal study): dis. … candidate of legal sciences. – M., 2015. – P. 55, 57.
8. Damaska M.R. Evidence law adrift. – New Haven & London. 1997. – P. 147.
9. Meintjes-van der Walt L. Expert evidence in the criminal justice process: a comparative perspective. – Amsterdam: Rozenberg Publishers, 2001. – P. 137.
10. Osborn A. The problem of proof. – 1922. – P. 329.
11. Redmayne M. Expert evidence and criminal justice. – Oxford: Oxford University Press, 2001. – P. 210.
CRIMINAL PROCEDURE
DEMICHEVA Tatyana Sergeevna
lecturer-methodologist, Center for Command and Staff Exercises, Academy of Management of the MIA of Russia
CRIMINAL PROCEDURE FORM OF INFORMATION TECHNOLOGY USE: CONCEPT AND PROPERTIES
The article considers the tendencies of improving the criminal procedure form in the context of the development and use of information technology in criminal procedure. The approaches to the concept of criminal procedure form, as well as to the concept of information technology in criminal procedure and their interrelation are analyzed. The author draws attention to the importance of a number of features and conditions of the use of information technology at various stages of criminal proceedings.
Keywords: criminal procedure, information technology, participants in criminal proceedings, consideration of a crime report, conditions of use, digitalization, ensuring the rights of participants in criminal proceedings.
Article bibliography
1. Strogovich M. S. Course of Soviet criminal procedure. Vol. 1. Moscow: Nauka, 1968. Page 51; Yakub M. L. Procedural form in Soviet criminal proceedings. Moscow, 1981.
2. Cheltsov M. A. Soviet criminal procedure. Moscow: Gosyurizdat, 1951. Page 33; Rakhunov R. D. Participants in criminal procedural activity under Soviet law. Moscow: Gosyurizdat, 1961.
3. Bessonov A. A. On the issue of digitalization of criminal proceedings in the Russian Federation // Criminal procedure and forensic science: legal foundations, theory, practice, didactics (on the 75th anniversary of the birth of Professor B. Ya. Gavrilov): a collection of scientific articles based on the materials of the international scientific and practical conference, Academy of Management of the Ministry of Internal Affairs of Russia, November 3, 2023. Moscow: Academy of Management of the Ministry of Internal Affairs of Russia, 2023. S
4. Golovko L. V. Digitalization in criminal proceedings: local optimization or global revolution? // Bulletin of economic security. 2019. No. 1.
5. Pobedkin A. V, Panfilov P. O. Criminal procedural form of proceedings in cases of crimes in the sphere of economic and entrepreneurial activity. Moscow: Yurlitinform. 2024.
6. Rossinsky S. B. On the “technical” problems of legislative policy in the field of criminal proceedings // Modern global challenges and their neutralization by criminal-legal, criminological and criminal-procedural means: Collection of works based on the materials of the All-Russian scientific and practical conference with international participation within the framework of the III Saratov Legal Forum “Legislative Policy and Law Enforcement in Modern Russia”, Saratov, June 09, 2023. Saratov: Saratov State Law Academy, 2023.
7. Khimicheva O. V., Panfilov P. O. Changes in the criminal-procedural form in the context of digitalization:new risks and opportunities // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2024. No. 1.
CRIMINAL PROCEDURE
ZAGORSKIY Gennadiy Iljich
Ph.D. in Law, professor, professor of N. V. Radutnaya Criminal process law sub-faculty, Russian State University of Justice, honored lawyer of the RSFSR, honored scientist of the RF
COURT RULING ON CONDITIONAL PAROLE OF THE CONVICTED PERSON FROM SERVING THE SENTENCE
The article classifies formal grounds on the gravity of the crime, its category and subject, as a result of which the general and special grounds for conditional release of a highly regarded person from punishment are distinguished. It is discussed that they also influence the substantive grounds for considering the issue. On this basis, individual circumstances are specified that must be proven when making a decision on parole, depending on the subject. It is proposed to divide material grounds into general and special. The content of the requirements of legality, reasonableness and motivation imposed on such a ruling is clarified. On this basis, a conclusion is made about dividing the ruling on the conditional early release of a proud person from serving a sentence into types depending on the formal and material grounds applied.
Keywords: ruling, grounds, formal, severity of crime, category of crime, the subject, material, peculiarities, types.
Bibliographic list of articles
1. Shcherba D. A. Conditional early release from serving a sentence. Questions of theory and practice: dis. …cand. legal Sciences: 12.00.08. – Vladivostok, 2007. – 22 p.
2. Kuleshova N. N., Pantyukhina, I. V. The position of the courts on parole: a current view // Criminal proceedings in Russia and foreign countries: problems and development prospects: materials of the international scientific and practical conference. St. Petersburg, November 29, 2024 / Comp. A. B. Sudnitsyn, M. A. Makarenko, N. V. Lantukh, E. V. Bryanskaya, O. I. Dorovskikh, O. A. Chabukiani. – SPb.: St. Petersburg University of the Ministry of Internal Affairs of Russia, 2024. – P. 135-141.
3. Stepanov V. V. Problems of the theory and practice of parole (on the example of the Tambov region): dis. … cand. jurid. sciences: 12.00.08. – M., 2009. – 29 p.
4. Radchenko O. V. Some aspects of the application of the institution of parole from serving a sentence // Russian Justice. – 2015. – No. 2. – P. 64-67.
5. Chervotkin A. S. Problems of judicial practice in considering petitions for parole of persons serving sentences // Criminal law. – 2015. – No. 3. – P. 131-138.
6. Military criminal law of the Russian Federation. General and special parts: textbook / Edited by O. K. Zatelepin, S. N. Sharapov. – M.: Granitsa, 2024. – 682 p.
7. Gromov V. G. Conditional early release of persons sentenced to life imprisonment // Modern law. – 2024. – No. 3. – P. 133-136.
8. Blagov E. V. Release from punishment (traditions, realities, prospects): monograph. – M.: Yurlitinform, 2023. – 400 p.
CRIMINAL PROCEEDINGS
KULEV Alexander Gennadjevich
Ph.D. in Law, associate professor, associate professor of Criminal process and criminalistics sub-faculty, P. G. Demidov Yaroslavl State University
DECISIONS OF THE PROSECUTOR IN A CRIMINAL CASE RECEIVED WITH THE FINAL ACT OF THE PRELIMINARY INVESTIGATION, AS AN INDEPENDENT STAGE OF CRIMINAL PROCEEDINGS
The article analyzes the institution of the prosecutor’s decision in a criminal case that was received with the final act of the preliminary investigation (Chapters 31, Articles 226 and 2268 of the Criminal Procedure Code of the Russian Federation). The author comes to the conclusion that these provisions of the Criminal procedure Law represent an independent stage of criminal proceedings. Evidence in favor of this thesis is: 1) the presence of their own tasks; 2) an independent circle of subjects; 3) a peculiar procedural form (procedure); 4) special final procedural decisions. Due to the uniform procedural nature, the mentioned norms are subject to consolidation into one chapter of the Code.
Keywords: prosecutor’s actions, final act, supervisory function, direction of the case, indictment, indictment, indictment, prosecutor’s decisions, stage of the criminal process.
Article bibliography
1. Actual problems of criminal procedural law / Ed. O. V. Khimichev, O. V. Michurin. – M .: UNITY-DANA, 2014. – 303 p.
2. Belkin A. R. Criminal Procedure Code of the Russian Federation: to cancel or amend? In 3 vols. Vol. II. – M.: Yurlitinform, 2023. – 448 p.
3. Burov Yu. V. Procedural order of completion of preliminary investigation with compiledindictment: Abstract of Cand. Sci. (Law) Dissertation. – Moscow, 2011. – 27 p.
4. Dikarev I. S. On the unification of the procedural form of referring criminal cases to court // Legality. – 2017. – No. 8. – P. 53-56.
5. Zimenkov A. A. Return of a criminal case by the prosecutor to the investigator: an old institution with new problems // SPS “Consultant Plus”.
6. Kovtun N. N. Formation of public prosecution as an independent stage of criminal proceedings in Russia // Journal of Russian Law. – 2019. – No. 9. – P. 123-137.
7. Commentary on the Criminal Procedure Code of the Russian Federation / Under the general editorship of O. S. Kapinus. – M.: Prospect, 2020. – 1136 p.
8. Course of criminal procedure / Ed. L. V. Golovko. – M.: Statut, 2016. – 1280 p.
9. Lupinskaya P. A. Decisions in criminal proceedings: theory, legislation, practice. – 3rd ed. – M.: NORMA: INFRA-M, 2015. – 240 p.
10. Malov A. A. Practical recommendations for the study by the prosecutor of the materials of a criminal case received with an indictment (act, resolution) // SPS “Consultant Plus”.
11. Maslova D. A. Initiation and support of public prosecution in Russian criminal proceedings: Abstract of a PhD thesis. – Voronezh, 2008. – 22 p.
12. Milikova AV, Rossinsky SB Criminal procedural acts of preliminary investigation bodies. – M.: Yurlitinform, 2021. – 160 p.
13. Minkovsky GM Completion of the preliminary investigation and the right of the accused to defense. – M.: Gosyurizdat, 1957. – 211 p.
14. Ozhegov SI Explanatory dictionary of the Russian language / Ed. L. I. Skvortsova. 27th ed., corrected. – M.: AST Publishing House: Peace and Education, 2017. – 736 p.
15. Smirnov AV, Kalinovsky KB Criminal procedure: author’s course. – M.: Eksmo, 2022. – 368 p.
16. Criminal Procedure Law of the Russian Federation: textbook / Ed. P. A. Lupinskaya, L. A. Voskobitova. – 3rd ed. – M.: NORMA: INFRA-M, 2013. – 1008 p.
17. Yurkevich N. A. Intermediate proceedings in the criminal procedure system of Russia. History, theory and practice, development prospects. – Tomsk: Tomsk University Publishing House, 2009. – 372 p.
CRIMINAL PROCEEDINGS
LIFANOVA Liliya Gennadjevna
Ph.D. in Law, associate professor, professor of Criminology sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
LYUBOZHENKO Igor Anatoljevich
associate professor of Criminal law disciplines and criminalistics sub-faculty, Donetsk branch, Volgograd Academy of the MIA of Russia, lieutenant colonel of police
ON THE ISSUE OF THE ESSENCE OF THE TERMINATION OF CRIMINAL PROSECUTION
The initiation of a criminal case and the fact of bringing a particular person to criminal responsibility does not always end with a conviction. In the course of the investigation, situations of unjustified involvement of a citizen in the circle of criminal procedural relations as a suspect or accused may be established, the fact of the inexpediency of transferring a criminal case to a court for its substantive resolution may be established, or imperative requirements of the law on the need to terminate further pre-trial proceedings may be found. In the article, the authors substantiate the position that the termination of criminal prosecution does not always mean the resolution of a criminal conflict, and making such a decision may significantly restrict the rights and legitimate interests of other participants in criminal proceedings.
Keywords: humanization of criminal policy, criminal prosecution, termination of a criminal case, termination of criminal prosecution, grounds for termination of a criminal case (criminal prosecution)
Bibliographic list of articles
1. Report of the Chairman of the Supreme Court of the Russian Federation I. L. Podnosova at the plenary session of the Council of Judges of the Russian Federation on December 3, 2024. [Electronic resource]. – Access mode: // https://www.vsrf.ru/press_center/news/34065/.
2. Lifanova L. G. Termination of criminal prosecution due to non-involvement of the suspect or accused in the commission of a crime: dis. … Cand. of Law. – M., 2005.
3. Zhogin N. V., Fatkullin F. N. Preliminary investigation in Soviet criminal proceedings. – M.: Yurid, 1965.
4. Davydov P. M., Mirsky D. Ya. Termination of criminal cases in the Soviet process. – M.: Gosyurizdat, 1965.
5. Sheifer S. A. Termination of a case in Soviet criminal proceedings: author’s abstract. dis. … candidate of legal sciences. – M., 1963.
6. Azimzoda Sh. D. Termination of a criminal case and criminal prosecution at the stage of preliminary investigation under the criminal procedural legislation of the Republic of Tajikistan: dis. … candidate of legal sciences. – Volgograd, 2023.
7. Lavnov M. A. Institute of termination of a criminal case in the system of criminal procedural law and law enforcement practice: dis. … candidate of legal sciences.sciences. – Saratov, 2015.
8. Resolution of the Constitutional Court of the Russian Federation of July 18, 2022 No. 33-P “On the case of verifying the constitutionality of part two of Article 27 of the Criminal Procedure Code of the Russian Federation and paragraph “c” of part one of Article 78 of the Criminal Code of the Russian Federation in connection with the complaint of citizen V. A. Rudnikov.” [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
9. Bulyko A. N. Modern dictionary of foreign words. More than 25 thousand words and phrases. – M.: “Martin”, 2004.
CRIMINAL PROCEDURE
MAKAROV Alexander Petrovich
senior lecturer of Law studies sub-faculty, Sevastopol Institute of Economics and Humanities (branch), V. I. Vernadsky Crimean Federal University, Prosecutor of the department for supervision of observation of the rights of entrepreneurs of the office for supervision of observation of federal legislation of the prosecutor’s office of Sevastopol
USE OF THE RESULTS OF OPERATIVE SEARCH ACTIVITIES IN THE TRIAL IN CRIMINAL CASES OF CORRUPTION (BASED ON MATERIALS OF THE REPUBLIC OF CRIMEA AND THE CITY OF SEVASTOPOL
The article examines the theoretical and legal foundations for using the results of operational-search activities in the process of proving in criminal cases of a corruption nature, including criminal cases of bribery. A legal analysis of the admissibility of using the results of operational-search activities in criminal proceedings as evidence in a criminal case is carried out.
Based on the results of the study, regional features of the courts’ interpretation of the use of operational investigative measures in criminal cases of corruption and determining the admissibility of their use were identified.
Keywords: evidence, admissibility of evidence, algorithm of admissibility of evidence, bribery, results of operational-search activities, regional features of the fight against corruption, counteraction to corruption.
Bibliographic list of articles
1. Belkin A. R. Theory of evidence. Scientific and methodological manual. – M.: NORMA Publishing House, 1999. – 429 p.
2. Vorobyova Yu. Yu. Modern problems of proof in criminal proceedings: dis. … doctor of law: 12.00.09. – M., 2017. – 187 p.
3. Aleksandrov A. S., Kukhta A. A., Abdullaev Ya. D. Operational support for maintaining the state prosecution in court // Practical law. – 2007. – No. 1.
4. Garmaev Yu. P. Algorithm for checking the results of operational-search activities by an investigator, prosecutor (a forensic scientist’s view) // Bulletin of Tula State University. Economic and legal sciences. – 2022. – No. 1. – P. 23-32.
CRIMINAL PROCEDURE
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
A LEGAL ASSESSMENT OF THE ACTIONS OF PRISON OFFICERS IN CRIMINALIZING CONVICTS SERVING SENTENCES IN PLACES OF DEPRIVATION OF LIBERTY AND COUNTERACTION MEASURES
There has always been public outcry and outrage towards torture and bullying in society in order to prevent such facts, especially if such actions occur by law enforcement officers in the law enforcement system. In order to stop such criminal acts and preventive measures, the legislator has developed amendments and introduced them into the Criminal Code of the Russian Federation.
Keywords: torture, bullying, amendments to the criminal law, punishments, human rights defenders, correctional institutions, history of legislation, punitive policy.
Article bibliography
1. Criminal Code of the Russian Federation of 14.07.2022 No. 307-FZ (as amended and supplemented as of October 1, 2024, Article 286 of the Criminal Code of the Russian Federation). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Criminal Code of the Russian Federation of July 14, 2022 No. 307-FZ (with amendments and additions as of October 1, 2024, Art. 302 of the Criminal Code of the Russian Federation). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
3. Criminal Code of the Russian Federation of July 14, 2022 No. 307-FZ (with amendments and additions, Art. 286, Part 4 and Art. 302, Part 3 of the Criminal Code of the Russian Federation). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
4. Order of the USSR Ministry of Internal Affairs No. 0068 of April 4, 1953 “On the prohibition of the use of any coercive measures and physical influence on those arrested.” [Electronic resource]. – Access mode: https://constitutions.ru/?p=6994.
CRIMINAL PROCEEDINGS
POPOVA Anastasiya Alexandrovna
Ph.D. in Law, associate professor, associate professor of Human resources and personnel management in law enforcement agencies sub-faculty, All-Russian Institute for Advanced Training of Employees of the MIA of Russia
ABDRAKHMANOVA Alsu Ramazanovna
senior researcher at the Scientific Research Department, All-Russian Institute for Advanced Training of Employees of the MIA of Russia
BURKOVA Marina Alexeevna
Head of Human resources and personnel management in law enforcement agencies sub-faculty, All-Russian Institute for Advanced Training of Employees of the MIA of Russia
PUBLIC OPINION AS AN INDICATOR OF THE INTERACTION OF LAW ENFORCEMENT OFFICERS WITH CIVIL SOCIETY INSTITUTIONS
The issues of cooperation between law enforcement agencies and civil society institutions in the Russian Federation are considered. Attention is focused on the importance of constructive cooperation between them. The article focuses on monitoring opinions about the work of law enforcement agencies, which is necessary not only for the objectivity of police activities, but also to stimulate an active civic position, as well as for fruitful cooperation between the population and law enforcement agencies of the Russian Federation. It is noted that civil society institutions are a priority resource through which consistent counteraction to crime and other illegal actions is ensured.
Keywords: cooperation, law enforcement agencies, civil society institutions, public opinion.
Article bibliography
1. Civil society / Textbook. Moscow: Publishing group “Yurist”, 2016. P. 397.
2. Sigalov K. E. Civil society in Russia and abroad. 2021. No. 3. P. 15-18.
3. Some issues of bringing to administrative responsibility for insult // Bulletin of the All-Russian Institute of Advanced Training of the Ministry of Internal Affairs of Russia. 2021. No. 4 (60). P. 30-35.
4. Analytical review of the Federal State Budgetary Institution “All-Russian Research Institute of the Ministry of Internal Affairs of Russia” “Assessment of the activities of internal affairs bodies by sociological services”. 2023.
5. On the issue of qualification requirements for candidates for service in the internal affairs bodies of the Russian Federation // Bulletin of the All-Russian Institute of Advanced Training of the Ministry of Internal Affairs of Russia. 2021. No. 8. P. 165-167.
CRIMINAL PROCEEDINGS
KHANOV Talgat Akhmatzievich
Ph.D. in Law, professor, Director of the Research Institute of Economic and Legal Research, Karaganda University of Kazpotrebsoyuz
INVESTIGATION OF CRIMINAL OFFENSES IN PROTOCOL FORM: EXPERIENCE OF THE REPUBLIC OF KAZAKHSTAN
The article is devoted to the analysis of the features of pre-trial investigation of criminal cases in the protocol form in Kazakhstan. The work draws attention to the fact that many criminal procedural rules do not correspond to modern realities, which makes their reform relevant. The author analyzes the current norms of criminal procedural legislation regulating the procedure for considering criminal cases in the protocol form and their impact on the investigation process. The problems arising from the uncertainty of the boundaries between different forms of investigation and the insufficient effectiveness of the protocol form itself, which often leads to violations of the rules and procedural difficulties, are pointed out. The article includes an analysis of statistical data demonstrating an increase in the number of cases terminated on rehabilitating grounds, which the author interprets as an indicator of the ineffectiveness of the protocol form of investigation. Issues related to compliance with the investigation deadlines and procedural logic are also discussed. The conducted study raises the question of the advisability of maintaining the protocol form in criminal proceedings and proposes to revise approaches to criminal procedural practice in order to improve the quality and increase the effectiveness of pre-trial investigation.
Keywords: criminal proceedings, forms of investigation, inquiry, investigation, protocol form, investigation periods, jurisdiction, prosecutor, violation of legislation, legal statistics.
Article bibliography
1. Abdul’dinov R. O. Actual aspects and problematic issues of the protocol form of pre-trial investigation of criminal offenses of the new criminal procedure code of the Republic of Kazakhstan // Actual scientific research in the modern world. – 2021. – No. 11-5 (79). – P. 14-17.
2. Abdul’dinov R. O., Khanov T. A. Genesis of the protocol form of pre-trial investigation in the criminal procedure legislation of the Republic of Kazakhstan // Russian-Asian Legal Journal. – 2021. – No. 2. – P. 32-37.
3. Alekseeva V. V. Protocol form of pre-trial investigation of criminal cases of the Republic of Kazakhstan and prospects for its application in the Russian Federation // Actual problems and prospects for the development of the legal system of Kazakhstan. Materials of the internationalnative scientific and practical conference dedicated to the 110th anniversary of the birth of the Minister of Internal Affairs of the Kazakh SSR, statesman and public figure, Lieutenant General of the Internal Service Sh.K. Kabylbaev and the 20th anniversary of the capital of the Republic of Kazakhstan – Astana. – 2018. – P. 246-248.
4. Gavrilov B. Ya. Inquiry in abbreviated form: legislative myths and realities of law enforcement // Baikal Research Journal. – 2014. – No. 6. – P. 21-28.
5. Zaitsev A.A. A fresh look at the order proceedings and proceedings in cases of criminal offenses in the Republic of Kazakhstan // Forensic science: yesterday, today, tomorrow. – 2021. – No. 2 (18). – P. 180-188.
6. Karneeva L., Yakubovich N., Mikhailova T. On the protocol form of pre-trial preparation of materials // Socialist legality. – 1985. – No. 5.
7. Kenenbaev E. A. Forms of pre-trial proceedings in criminal proceedings in Russia and Kazakhstan // Russian justice. – 2018. – No. 2 (142). – P. 80-89.
8. Kenenbaev E. A. Protocol form in pre-trial criminal proceedings: prospects for application in Russia // Criminal procedure. – 2018. – No. 1 (157). – P. 88-92.
9. Koyshubaeva A.K., Khanov T.A. The relationship between legality and morality in the context of reforming criminal procedural forms of investigation in the Republic of Kazakhstan // Bulletin of the Academy of Law Enforcement Agencies under the Prosecutor General’s Office of the Republic of Kazakhstan. – 2023. – No. 4 (30). – P.117-129.
10. Martynchik E.G., Milushev D.V. Preliminary proceedings in socialist criminal proceedings / Ed. Yu.N. Todyka. – Chisinau, 1986. – 128 p.
11. Mozhaeva I.P., Shulgin E.P. The relationship between the criminal procedural form and electronic pre-trial proceedings (based on the materials of the Republic of Kazakhstan) // Bulletin of the Kazan Law Institute of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (44). – P. 255-260.
12. Muruzidi A. V. Protocol form of inquiry as a possible procedural form of proceedings in the consideration of cases falling under the category of criminal offenses // Vector of Science of Togliatti State University. – 2019. – No. 4 (39). – P. 51-56.
13. Nasonova I. A., Zotova M. V. Protocol form of pre-trial preparation of materials as a basic model for inquiry in an abbreviated form // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2017. – No. 2. – P. 47-53.
14. Prokopova A. A. Protocol form of pre-trial preparation of materials as a possible model of accelerated proceedings (taking into account the experience of the Republic of Kazakhstan) // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2019. – No. 2 (84). – P. 55-63.
15. Solodovnik V. V. Protocol form of pre-trial preparation of materials as the main prospect for simplifying proceedings in criminal cases // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. – 2022. – No. 4. – P. 50-56.
16. Suleimen D. D., Avenov T. K. Forms of pre-trial investigation in the Republic of Kazakhstan: ways and prospects for improvement // Trends in the development of science and education. – 2021. – No. 78-3. – P. 140-145.
17. Churkin A. V. Problems of improving pre-trial preparation of materials in protocol form: dis. … Cand. of Law: 12.00.09. – M., 1993.
18. Shaidullina E. D. Inquiry in abbreviated form and protocol form of pre-trial preparation of materials of a criminal case: comparative legal analysis // Altai Law Bulletin. – 2017. – No. 4 (20). – P. 128-130.
19. Tsyretorov A. I. Prospects for consolidating the institution of a criminal misdemeanor in domestic legislation: criminal procedural aspect // Lex Russica / Russian law. – 2022. – Vol. 75, No. 10 (191). – P.113-122.
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” // Materials of the All-Russian interdepartmental scientific and practical conference. – 2016. – No. 2. – P. 16-17.
2. Grabyev V. A. Some problematic issues in the selection of 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, NITs 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: 11.23.2024).
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 PROCEDURE
OLINOVICH Roman Alexeevich
investigator of the investigative unit for the investigation of organized criminal activities of the investigative department of the East Siberian Department of the MIA of Russia on transport
GROZIN Sergey Yurjevich
Ph.D. in Law, associate professor, professor of State and legal disciplines sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
INTERPRETER’S PARTICIPATION IN CRIMINAL PROCEEDINGS: THEORETICAL AND PRACTICAL ASPECTS
This article discusses the key issues of the translator’s participation in criminal proceedings. The existence of practical problems related to the participation of the translator in the criminal case is justified. The authors note the lack of a unified approach to the issue of providing and refusing to provide an interpreter among law enforcement officers. Determination of the qualifications required for translation in criminal proceedings. Separately, the problem related to the payment of translator services was revealed. Some vectors for solving existing practical problems have been proposed.
Keywords: translator, criminal process, translation in a criminal case, translator in criminal proceedings.
Article bibliography
1. Bezruchenkov M. V. Translator as a participant in criminal proceedings in the Russian Federation // Politics, state and law. 2014. No. 9. [Electronic resource]. – Access mode: https://politika.snauka.ru/2014/09/1895 (date accessed: 10.09.2024).
2. Volosova N. Yu., Shmeleva E. S. On the problem of determining the competence of an interpreter in criminal proceedings // Bulletin of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2018. No. 3 (86). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-probleme-opredeleniya-kompetentsii-perevodchika-v-ugolovnom-sudoproizvodstve (date accessed: 22.12.2024).
3. Zagoryan S. G., Misnik I. V. Interpreter and his role in modern Russian criminal proceedings // Humanitarian, socio-economic and social sciences. 2024. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perevodchik-i-ego-rol-v-sovremennom-rossiyskom-ugolovnom-sudoproizvodstve (date of access: 12/22/2024).
4. Zelensky V. D., Shvets S. V. Some issues of judicial translation // Society and Law. 2014. No. 2 (48). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/nekotorye-voprosy-sudebnogo-perevoda (date of access: 22.12.2024).
5. Criminal Procedure Code of the Republic of Belarus of July 16, 1999 No. 295-Z (with amendments and additions as of 08.01.2024) [Electronic resource]. – Access mode: https://online.zakon.kz/m/app/document/?doc_id=30414958&sub_id=600000&pos=1064%3B-79%23pos%3D1064%3B-79 (date of access: 22.12.2024).
6. Shagbanova H. S. Place and role of an interpreter in criminal proceedings // Education and Law. 2021. No. 6. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/mesto-i-rol-perevodchika-v-ugolovnom-protsesse (date of access: 20.12.2024).
CRIMINAL PROCEEDINGS
RUDENKO Darya Alexeevna
postgraduate student, Law Faculty, St. Petersburg State University; lawyer of the St. Petersburg Bar Association «Lenrezerv»,
ON THE ISSUE OF THE DIRECTIONS OF THE DEFORMATION OF CRIMINAL PROCEEDINGS IN THE CONTEXT OF THE DEVELOPMENT OF DIGITAL TECHNOLOGIES
In the article, the author conducts a comprehensive study of the directions of the deformation of criminal proceedings through the prism of trends in the development of digital technologies. Within the framework of the model of deformalization of criminal proceedings, the division of its conceptual elements into four functional groups is proposed. Based on an empirical base, the author suggests a systematization that includes: elements of a communication nature, elements that serve the purpose of ensuring the legal status of participants in criminal proceedings, elements of storing and presenting the collected evidentiary information, “auxiliary” elements aimed at reducing routine processes. The author suggests choosing the path of digitalization of criminal proceedings by creating a model of an ecosystem of state information and automated systems in the field of criminal proceedings with a core in the form of an electronic criminal case divided into modules.
Keywords: deformalization, criminal justice, digital technologies, reform, electronic criminal case, ecosystem.
Article bibliography
1. Zazulin A. I. Functions of digital information and technology in criminal proceedings // Siberian Legal Review. – 2020. – No. 1. – P. 75-82.
2. Zuev S. V., Nikitin E. V. Information technology in solving criminal procedural problems // All-Russian Criminological Journal. – 2017. – No. 11 (3). – P. 587-595.
3. Konin V. V., Kudryavtseva A. V., Petrov A. V. Criminal case – transition from paper to digital format // Bulletin of Tomsk State University. Law. – 2022. – No. 45. – P. 81-99.
4. Latypov V. S. Assistance to justice as an independent criminal procedural function // All-Russian Criminological Journal. – 2021. – No. 6. – P. 786-796.
5. Semenov V. A. Digital technologies in domestic criminal proceedings // Legal Bulletin of Kuban State University. – 2022. – No. 14 (4). – P. 97-105.
6. Khaliullina L. G. Electronic form of procedural documents in criminal proceedings: problems of theory and practice // Law and order: history, theory, practice. – 2016. – No. 4 (11). – P. 75-79.
CRIMINAL PROCEDURE
SIVORAKSHA Valeriya Valentinovna
adjunct, Faculty for the Preparation of Scientific-Pedagogical and Scientific Personnel, V. Ya. Kikot Moscow University of the MIA of Russia
GENERAL RULES FOR EXTENDING THE PROCEDURAL TERMS IN PRE-TRIAL CRIMINAL PROCEEDINGS
The article examines the general rules for extending criminal procedural deadlines in pre-trial stages as a set of procedural guarantees for ensuring the rights of participants in criminal proceedings and procedural requirements imposed by law on the procedure for extending, united by a common meaning and their inherent similar features. The author has developed a list of general rules, compliance with which is necessary in each case of extending procedural deadlines in pre-trial proceedings.
Keywords: criminal proceedings, pre-trial proceedings, procedural term, extension of the procedural term, procedural requirements, procedural guarantees.
Article bibliography
1. Polukhin V. M. Procedural means of ensuring a reasonable time limit for criminal proceedings by the court: diss. … Cand. of Law. – Nizhny Novgorod, 2022. – 225 p.
2. Criminal procedure: a textbook for students of higher educational institutions studying in the specialty 030501 “Jurisprudence”. – M.: Eksmo, 2009. – 735 p.
3. Urban V. V. Implementation of the principle of a reasonable time for criminal proceedings: abstract of dis. … candidate of legal sciences. – M., 2013. – 24 p.
4. Criminal procedural law of the Russian Federation: textbook / Responsible. editor P. A. Lupinskaya. – 2nd ed., revised. and enlarged. – M.: Norma, 2009. – 1072 p.
5. Satdinov L. V. Criminal procedural guarantees of the objectivity of the preliminary investigation: dis. … candidate of legal sciences: 12.00.09. – M., 2021. – 34 p.
6. Rubchenko S. O. Procedural and legal regime of legal activity: issues of theory and practice: abstract of dis. … Cand. of Law: 12.00.01. – Kazan, 2012. – 22 p.
7. Alontseva E. Yu. On the issue of the system of investigative actions under the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the Republic of Azerbaijan (comparative legal analysis) // International criminal law and international justice. – 2015. – No. 4. – P. 15-18.
8. Gorlenko S. V. General conditions of preliminary investigation in criminal proceedings (concept, history and modernity): dis. … Cand. of Law. – Moscow, 2000. – 237 p.
9. Nikandrov V. I. General conditions of preliminary investigation in Soviet criminal proceedings: author’s abstract. dis. … Cand. of Law. – M., 1973. – 20 p.
10. Pavlov N. E. General conditions of preliminary investigation: a tutorial. – M.: Academy of the Ministry of Internal Affairs of the USSR, 1982. – 64 p.
11. Sumin A. A. Problems of ensuring the constitutional rights of citizens in the context of differentiation of preliminary investigation // 20th anniversary of the Constitution of the Russian Federation. Formation, problems and development trends: a collection of articles. – M.: UNITY-DANA: Law and Right, 2014. – P. 210-214.
12. Stelmakh V. Yu. Procedural deadlines in criminal proceedings: a tutorial for universities. – M.: Yurait, 2020. [Electronic resource]. – Access mode: https://studme.org/395656/pravo/obschee_ponyatie_prodleniya_vosstanovleniya_ustanovleniya_protsessualnyh_srokov_presekatelnye_sroki_probl.
CRIMINAL PROCEDURE
SHMATOVA Ekaterina Vasiljevna
adjunct, Faculty of Scientific and Pedagogical Personnel Training, Academy of the FPS of Russia
THE IMPORTANCE OF COURT DECISIONS IN THE REGULATION OF CRIMINAL ENFORCEMENT RELATIONS
Court decisions act as a regulator of penal enforcement relations, they fix the balance between the rights and duties of convicts, characterize specific public interests. This article reveals the specifics of judicial decisions within the penal system, as well as their indirect social impact on the convict. The emphasis is on analyzing the essence of judicial acts, as well as specifying their functions aimed at ensuring legality and fairness. Thus, the role of judicial decisions in the formation of relevant law enforcement practice is also characterized.
Keywords: court decisions, criminal case, criminal proceedings, criminal executive legal relations, judicial control.
Bibliographic list of articles
1. Criminal Executive Code of the Russian Federation dated January 8, 1997 No. 1-FZ (as amended on October 25, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”.
2. Resolution of the Constitutional Court of the Russian Federation of 05/22/2023 No. 25-P “On the case of verifying the constitutionality of part three of Article 77.1 of the Criminal Executive Code of the Russian Federation in connection with the complaint of citizen M. V. Piskarev.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_447763/?ysclid=m890yg0dxq510498084.
3. RF Government Resolution No. 1358 of 24.10.1997 “On the procedure for providing food or money during travel to the place of residence of convicts released from serving their sentences.” – Collected Legislation of the Russian Federation. – 1997. – No. 44. – Art. 5074.
4. Decision No. 2-3919/2021 2-3919/2021~M-3315/2021 M-3315/2021 of July 30, 2021 in case No. 2-3919/2021. [Electronic resource]. – Access mode: https://sudact.ru/regular/doc/GAv0YgzNitV5/?ysclid=m8910pxihk366797834.
5. Dzhamaeva A. M. Concept, properties and types of court sentence in criminal proceedings in Russia // Law and Right. – 2023. – No. 12. – P. 187-190.
6. Lupinskaya P. A. Decisions in criminal proceedings: theory, legislation, practice [Electronic resource]: monograph. – 3rd ed., Stereotype. – Moscow: Norma: INFRA-M, 2023. – 240 p. (date accessed: 10.03.2024).
7. Nesterov A. Yu. Social significance of the probation institution in Russia: domestic and foreign experience // Power. – 2017. – V. 25, No. 11. – P. 111-115.
CRIMINAL-EXECUTIVE LAW
MIKHEEVA Svetlana Valentinovna
Ph.D. in Law, associate professor, Head of Regime, security and escort in the penal system sub-faculty, Samara Law Institute of the FPS of Russia
BOBROVA Viktoriya Olegovna
cadet, Samara Law Institute of the FPS of Russia
BEREGNAYA Polina Vitaljevna
cadet, Samara Law Institute of the FPS of Russia
ESTABLISHMENT OF THE LEGAL STATUS OF ESCORTED PERSONS WHEN MOVING THEM ALONG PLANNED ROUTES BY SPECIAL UNITS OF THE PENAL ENFORCEMENT SYSTEM FOR ESCORTING
This topic is relevant due to the need to ensure a balance between the security of society and the protection of human rights. Escorting convicts and persons in custody is a complex process that requires clear legal regulation to ensure respect for both the rights of escorted persons and the safety of law enforcement officers. The paper considers issues related to the legal status of escorted persons, taking into account the specifics of escorting along planned routes, which makes it possible to make a new contribution to the study of this issue. In this study, the authors analyzed the existing legislation regulating the legal status of escorted persons along planned routes by special units of the penal enforcement system for escorting, identified problems and formulated proposals for its improvement. The results of the study can be used to improve legislation regulating the process of escorting
Keywords: legal status, escorting, rights, duties, employees of the penal enforcement system, planned routes, escort units.
Bibliographic list of articles
1. Dolinskaya V. V. Legal status and legal personality // Laws of Russia: experience, analysis, practice. – 2012. – No. 2. – P. 6-17.
CRIMINAL-EXECUTIVE LAW
NEKRASOV Alexander Petrovich
Ph.D. in Law, professor of Professional disciplines sub-faculty, Samara Law Institute of the FPS of Russia
THE MANIFESTATION OF PARTICULARLY DANGEROUS CRIMES IN THE FORM OF A TERRORIST ACT AND HOSTAGE-TAKING IN THE PENITENTIARY SYSTEM OF THE RUSSIAN FEDERATION: CAUSES, COUNTERACTION MEASURES, STATEMENT OF FACTS
This article reveals the true reasons for the commission of particularly dangerous penitentiary crimes in the form of hostage-taking and terrorist acts, as well as the emergence of cells in the form of a jamaat in places of detention as a community for the study of radical Islam and the preparation of accomplices for more daring and dangerous crimes in society. The reasons for combating this social evil and counteraction measures are mentioned.
Keywords: terrorism, jamaats, penitentiary crimes, counteraction measures, corruption, impunity, places of imprisonment, hostage-taking.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 N 63-FZ (as amended on 28.02.2025). [Electronic resource]. – Access mode: Access from the reference and legal system “ConsultantPlus”. – Articles 321, 205, 206, 222.
2. RIA Novosti of 17.06. 2024 [Electronic resource]. – Access mode: https://ria.ru/20240617/?ysclid=m8g6ztppka612832866.
3. Info24 from 17.06. 2024 [Electronic resource]. – Access mode: https://news.rambler.ru/community/52938601-milonov-raskryl-glavnuyu-prichinu-zahvata-zalozhnikov-v-rostovskom-sizo/?ysclid=m8g73shvvg297032894.
CRIMINAL-EXECUTIVE LAW
SECHKOVA Lyubov Mikhaylovna
adjunct, Faculty of Scientific and Pedagogical Personnel, Academy of the FPS of Russia
ANALYSIS OF THEFACTORS INFLUENCING THE GROWTH OF ADMINISTRATIVE CASES RELATED TO INADEQUATE CONDITIONS OF DETENTION
The article analyzes the current state of the penal system of the Russian Federation. The regulatory and legal regulation of the issue related to the inadequate conditions of detention of suspects, accused and convicted persons is being considered. The analysis of the factors influencing the growth of administrative cases related to inadequate conditions of detention is carried out.
Keywords: inadequate conditions of detention, penal enforcement system, suspects, accused and convicted.
Article bibliographic list
1. Zapivalov D. A. On the issue of the activities of the Human Rights Commissioner in the Russian Federation to protect the rights and freedoms of persons sentenced to imprisonment // Vedomosti UIS. – 2019. – No. 6 (205). – P. 22-27.
2. Yavich L. S. General Theory of Law. – Leningrad, Leningrad State University named after A. A. Zhdanov, 1976. – P. 156.
3. Golovastova Yu. A. The right of convicts to receive compensation in monetary form for violating the conditions of detention in a correctional institution: an innovation of the criminal-executive code of the Russian Federation // Penitentiary security: national traditions and foreign experience: materials of the All-Russian scientific and practical conference with international participation, Samara, June 03-04, 2021 / Samara Law Institute of the Federal Penitentiary Service of Russia. – Samara: Samara Law Institute of the Federal Penitentiary Service, 2021. – P. 53-55.
4. Grushin F. V., Pavlova L. V. Criminal-executive system: current state and possible directions of development // Vedomosti UIS. – 2023. – No. 4. – P. 18-24.
5. Belik V.N., Iskra M.A. On the issue of implementing the right to compensation for violation of the conditions of detention of suspects and accused and the conditions of detention of convicts in correctional institutions // Criminal-executive law. – 2021. – No. 2. – P. 160-165.
CRIMINAL PRINCIPAL LAW
SIMKIN Egor Alexandrovich
lecturer of Regime organization, security and escort sub-faculty, Samara Law Institute of the FPS of Russia
THE LEGAL STATUS OF CONVICTS: THEORETICAL AND LEGAL ASPECTS AND PROBLEMS OF IMPLEMENTATION IN THE CONTEXT OF THE PENAL SYSTEM
The article examines the theoretical and practical aspects of the legal status of condemned persons in the context of the reform of the penitentiary system in the Russian Federation. It analyzes the key elements of this legal status, including constitutional rights, legitimate interests, and legal restrictions, as well as the mechanisms for implementing them in correctional facilities. The author highlights the main challenges in ensuring the rights of convicts, such as insufficient material and housing provision, gaps in legislation, and limited access to medical and legal assistance. They emphasize the need to align Russian legislation with international human rights standards, particularly the Nelson Mandela Rules, to ensure the full protection of the rights of all people. In conclusion, the article makes recommendations for improving the regulatory framework, strengthening law enforcement mechanisms, and implementing modern technologies to enhance the protection of prisoners’ rights.
Keywords: legal status of convicts, penal enforcement law, human rights, correctional institutions, detention regime, law enforcement practice, guarantees of rights, penitentiary system.
Bibliographic list of articles
1. Matuzov N. I., Malko A. V. Theory of State and Law: textbook. – M.: Yurist, 2004. – 234 p.
2. Rasskazov L. P. Theory of State and Law: advanced course: textbook. – M.: RIOR: INFRA-M, 2015. – 144 p.
3. Minakov G. L. Rights and legitimate interests of persons serving sentences: Textbook. – M.: Academy of the Ministry of Internal Affairs of the Russian Federation, 1993.
4. Criminal-executive law of Russia: textbook / Ed. V. I. Seliverstov. – 9th ed., revised. and enlarged. – M.: Norma: INFRA-M, 2023.
5. Minakov G. L. Rights and legitimate interests of persons serving sentences: Textbook. – M.: Academy of the Ministry of Internal Affairs of the Russian Federation, 1993.
CRIMINALISTICS
VOROZHTSOV Alexander Mikhaylovich
Ph.D. in sociological sciences, associate professor, Acting Head of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty, Omsk Academy of the MIA of Russia
GORA Evgeny Viktorovich
lecturer of Operational investigative work in the internal affairs bodies sub-faculty, Krasnodar University of the MIA of Russia
INFORMATION TECHNOLOGIES IN THE ACTIVITIES OF OPERATIONAL INVESTIGATIVE UNITS
Information technologies in the activities of operational investigative units are resources and methods for obtaining, processing, analyzing, as well as transmitting and storing information using advanced technologies. The paper presents some types of information technologies used in operational investigative activities, such as automated information systems and databases; automated systems and workstations; digital and other high-tech computer technologies; software for collecting information and samples, comparing evidence collected during various investigative actions; collecting and analyzing biometric data. With the introduction of information technology, issues of data security that are used and discovered through information technology become particularly relevant.
Keywords: operational investigative activities, information systems, information technologies, automated workplace, referral systems, Internet, digital technologies.
Article bibliography
1. Murtazin A. I., Zaitsev A. G., Khorolsky V. V. Artificial intelligence: current state // Eurasian Law Journal. – 2023. – No. 1 (176). – P. 357-358. – EDN DLPBLO.
2. Murtazin A. I., Davletov V. I. Internet space as an environment for the dissemination of ideas of extremism and terrorism // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2020. – No. 1. – P. 250-256. – EDN DMNIUT.
3. Russkikh O. E., Akhiyarov R. A. Issues of legal regulation of terrorism on the Internet // Actual problems of law and state in the 21st century. – 2020. – Vol. 12, No. 1. – P. 73-76. – EDN RTLGZZ.
CRIMINALISTICS
GARBOUZ Grigory Sergeevich
Ph.D. in Law, associate professor of Forensic science sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk, retired judge of the Kezhemsky Federal Court of Krasnoyarsk Region
CURRENT PROBLEMS IN THE APPLICATION OF THE PHOTOGRAMMETRY METHOD IN INVESTIGATION OF CRIMES THAT ARE BEING COMMITTED IN ECOLOGICAL SPHERE
The article contains the description of several items of the use of photogrammetry method in investigation of environmental crimes. The author identifies some aspects of the necessity of use of photogrammetry in investigating crimes of the above-mentioned category, that can be rather valuable both for investigators and for judges of Federal Courts of the Russian Federation. Also the positive influence of this high-tech applied method on the effective investigative goal achievement is analyzed. The author emphasizes the use of photogrammetry method in forensic science in its current stage of development as one of having vital importance. A conclusion about the necessity of use of this advanced field of knowledge in forensic science and while investigating environmental crimes in particular is made.
Keywords: forensic science, methods of crime investigation, ecological crimes, 3D fixation, forensic photogrammetry method.
Article bibliography
1. Review of the practice of applying the provisions of Chapter 26 of the Criminal Code of the Russian Federation on environmental crimes by the courts: approved by the Presidium of the Supreme Court of the Russian Federation on June 24, 2022. – [Electronic resource]. – Access mode: https://www.vsrf.ru/documents/all/31278/ (date of access: 08.01.2025).
2. Consolidated statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2022 // Official website of the Judicial Department under the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=7645 (date of access: 10.10.2024).
3. Consolidated statistical information on the activities of federal courts of general jurisdiction and justices of the peace for 2023 // Official website of the Judicial Department under the Supreme Court of the Russian Federation. – [Electronic resource]. – Access mode: http://www.cdep.ru/index.php?id=79&item=8688 (date accessed: 10.10.2024).
4. Berlyant A. M. Theory of geoimages. – M.: GEOS, 2006. – 262 p.
5. Vasilyeva M. A. Conceptual foundations of the methodology for investigating environmental crimes: Abstract of a PhD thesis in Law. – M., 2021. – 54 p.
6. Galayda I. I. Photogrammetry as an effective method for photographing large objects underwater in difficult conditions // Issues of underwater archeology. – 2019. – No. 10. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fotogrammetriya-kak-effektivnyy-metod-fotofiksatsii-bolshih-obektov-pod-vodoy-v-slozhnyh-usloviyah (date of access: 08.01.2025).
CRIMINALISTICS
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
PRASOLOVA Elizaveta Nikolaevna
magister student, Faculty of Correspondence and Distance Learning, Siberian Fire and Rescue Academy of the EMERCOM of Russia, Zheleznogorsk
THE POSSIBILITIES OF USING 3D SCANNING IN THE INVESTIGATION AND EXAMINATION OF FIRES
The article discusses issues related to the analysis of the possibilities of using three-dimensional modeling in the investigation and examination of fires. This method allows you to accurately record the condition of an object after a fire, which makes it possible to conduct a detailed analysis of the causes of ignition and the spread of fire. The potential of using 3D scanning opens up new horizons in understanding the dynamics of fires, allowing experts to recreate events with maximum accuracy. The use of 3D scanning in fire investigation can not only provide a more accurate identification of the source of ignition, but also contribute to the development of effective methods to prevent new incidents. The article focuses on the use of ground-based laser scanning in modern conditions when examining a fire site. The authors have highlighted the conditions for the effective use of 3D technologies.
Keywords: 3D scanning, simulation, fire, fire investigation, trace detection, accident site, fire technical expertise.
Bibliographic list of articles
1. Melnik A. A., Voroshilov R. F., Kalyuzhina Zh. S. Handbook of the investigator of the Federal Border Guard Service of the Ministry of Emergency Situations of Russia. 2nd ed., revised. and additional Handbook / Federal State Budgetary Educational Institution of Higher Education Siberian Fire and Rescue Academy of the State Fire Service of the Ministry of Emergency Situations of Russia, 2019. – 162 p.
2. Flegontov D. V., Akulova M. V., Potemkina O. V. Promising methods for detecting damage to structures from hidden fire sources // Naukovedenie. – Vol. 9, No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/perspektivnyemetody-obnaruzheniya-povrezhdeniy-konstruktsiy-ot-skrytyh-ochagov-pozhara/view (date accessed: 04.11.2024).
3. Danilyan S. A. Criminal and forensic problems of fire investigation: textbook / Ed. G. M. Meretukova and A. I. Nature. – Krasnodar, 1998. – P. 6.
4. GOST R 8.794 2012. State system for ensuring the uniformity of measurements. – Terrestrial laser scanners. – Moscow, 2014. – 15 p.
5. Dyshokova A. T. Using 3D technologies in solving crimes: an innovation in the field of forensic science. – Text: direct // Young scientist. – 2022. – No. 48 (443). – P. 250-252. [Electronic resource]. – Access mode: https://moluch.ru/archive/443/97154/ (date accessed: 31.12.2024).
6. Galushkin V. I. Use of reconstruction in the form of computer 3D modeling in criminal proceedings // Bulletin of the Saratov State Law Academy. – 2023. – No. 5 (154). – P. 227-234.
7. Tryamkin D. V. Application of 3-D technologies in forensics: problems and prospects // Via scientiarum-Road of knowledge. – 2016. – No. 3. – P. 168-173.
CRIMINALISTICS
POZIY Viktoriya Stanislavovna
Ph.D. in chemical sciences, associate professor, associate professor of Criminal process and criminalistics sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol
SHELYUGOVA Alexandra Alexandrovna
student, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol
CRIMINALISTIC CHARACTERISTICS OF CRIMES RELATED TO FRAUD IN THE FIELD OF LENDING
This article explains what is meant by fraud in the field of lending in accordance with Article 159.1 of the Criminal Code of the Russian Federation. The criminalistic characteristics of this type of crime are given. The methods of committing a crime are considered, the situation and the trace picture of the event are studied. Attention is drawn to the controversial issue of determining the crime scene. The data of judicial statistics on article 159.1, as well as the results of a sociological study, are presented.
Keywords: fraud in the field of lending, criminalistic characteristics, the subject of the crime, the trace pattern, the method of committing the crime.
Article bibliographic list
1. Criminal Code of the Russian Federation: Federal Law of June 13, 1996 No. 63-FZ (in the current version). [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 16.01.2025).
2. Federal Law “On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”: dated 29.11.2012 No. 207-FZ (in the current version). [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 19.01.2025).
3. Judicial statistics of the Russian Federation. [Electronic resource]. – Access mode: https: //stat.xn—-7sbqk8achja.xn--p1ai/stats/ug/t/14/s/17 (date of access 16.01.2025).
4. Regulation of the Central Bank of the Russian Federation dated August 31, 1998 No. 54-P “On the procedure for the provision (placement) of funds by credit institutions and their return (repayment)”. [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 15.01.2025).
5. On judicial practice in cases of fraud, misappropriation and embezzlement: Resolution of the Plenum of the Supreme Court of the Russian Federation of 30.11.2017 No. 48. [Electronic resource]. – Access mode: Access from the reference and legal system “Garant” (date of access: 05.04.2024).
6. Haralampidi H.K. Personality of the criminal committing fraud in the field of lending: criminological characteristics // Issues of student science. – 2020. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/lichnost-prestupnika-sovershayuschego-moshennichestvo-v-sfere-kreditovaniya-kriminologicheskaya-harakteristika/viewer (access date: 01/16/2025).
CRIMINALISTICS
SEREBRYANNIKOV Stanislav Vadimovich
lecturer of Criminalistics and operational investigative activities sub-faculty, Rostov Law Institute of the MIA of Russia
SHIKHIEV Ziyad Fuadovich
student of the course, Rostov Law Institute of the MIA of Russia
IDENTIFICATION OF ILLEGAL APPEALS THROUGH MASS MEDIA AND INFORMATION AND TELECOMMUNICATION NETWORKS
The article is devoted to the analysis of the concept of “call” and the linguistic side of texts that have the nature of illegal calls. The relevance of the topic studied is that thanks to unauthorized calls, citizens can be misled, which in turn increases the crime situation and complicates the internal politics of our state.
Methods: During the research, methods of system analysis, system-structural, formal-logical and descriptive-analytical methods were used.
Results. In conclusion, the authors formulate a proposal for one of the possible AI options for suppressing unauthorized calls in the media and information and telecommunication networks (ITS) at the preparation stage.
Keywords: illegal calls, criminology, crimes, language games, linguistic variable, media, information and telecommunication networks.
Article bibliography
1. Antipov A. I. Criminal-legal significance of the use of mass media and information and telecommunication networks in the commission of crimes with signs of appeals, inducement, illegal circulation of objects and materials: specialty 51.40.00: dissertation for the degree of candidate of legal sciences. – 2022. – 248 p. – EDN RINWAA.
2. Antipov A. I. Appeals and incitement as signs of crimes committed through the media and information and telecommunication networks // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1 (85). – P. 91-98. – DOI 10.35750/2071-8284-2020-1-91-98. – EDN MQVWAP.
3. Vardanyan A. V., Kuleshov R. V. On the classification of the phenomena of extremism and terrorism: the unity of essence and the polyvariance of reflection in society // The rule of law: theory and practice. – 2015. – No. 4 (42). – P. 31-35. – EDN VGHWTT.
4. Khlebushkin A. G. Public calls for actions aimed at violating the territorial integrity of the Russian Federation (Article 2801 of the Criminal Code of the Russian Federation): criminal-legal characteristics and qualification issues // Russian investigator. – 2014. – No. 11. – P. 25-29. – EDN SGZFEV.
5. Khlebushkin A. G. Public display of prohibited symbols and attributes: issues of legal liability // Actual problems of administrative and administrative-procedural law: Materials of the annual all-Russian scientific and practical conference dedicated to the memory of Doctor of Law, Professor, Honored Scientist of the Russian Federation V. D. Sorokin: in 2 parts, St. Petersburg, March 15, 2013. Volume Part 1. – St. Petersburg: St. Petersburg University of the Ministry of Internal Affairs of the Russian Federation, 2013. – P. 140-144. – EDN UJAXXT.
6. Gelyakhova L. A. Modern aspects of extremism // Young scientist: collection of articles of the IV International research competition, Penza, December 10, 2021. – Penza: Science and Education (IP Gulyaev G. Yu.), 2021. – P. 228-230. – EDN MMMMOE.
7. Letelkin N. V. Criminal-legal counteraction to crimes committed using information and telecommunication networks (inkey network “Internet”). – Moscow: Limited Liability Company “Prospect”, 2020. – 176 p. – ISBN 978-5-392-31451-5. – EDN GKLTRW.
8. Vardanyan AV Forensic characteristics of post-criminal activities in cases of crimes in the field of information technology // Siberian criminal procedural and forensic readings. – 2021. – No. 2 (32). – P. 44-51. – EDN PHKHWB.
9. Shcherbachenko, A.K. Algorithms for operational-search support for the disclosure of remote fraud committed by a group of persons // Philosophy of Law. – 2022. – No. 1 (100). – P. 144-150. – EDN YYNYJE.
10. Wittgenstein L. Philosophical Investigations // New in Foreign Linguistics. Issue XVI. – M., 1985.
11. Harari F. Graph Theory. – M., trans. from English and prefaced by V. P. Kozyrev / Ed. by G. P. Gavrilov. 2nd ed. – M.: URSS Editorial Board, 2003. – 296 p. ISBN 5-354-00301-6.
CRIMINALISTICS
SYROMLY Larisa Borisovna
Ph.D. in Law, Head of Prosecutorial supervision of law enforcement in operational investigative activities and prosecutor’s participation in criminal proceedings sub-faculty, Far Eastern Law Institute (branch), University of prosecutor’s office of the Russian Federation
CRIMINALISTIC PREVENTION OF CYBERBULLYING IN PENITENTIARY INSTITUTIONS
The article considers the criminalistic prevention of cyberbullying as a set of measures aimed at preventing such crimes and being an integral element of the professional activities of law enforcement officers, including correctional institutions. The author reveals the phenomenon of the criminal subculture, its influence on the commission of cyberbullying from places of detention, as well as problems and methods of counteraction. The recommendations aimed at increasing the effectiveness of the prevention of “telephone” fraud committed by convicts in penitentiary institutions are formulated.
Keywords: criminalistic prevention, cyberbullying, criminal subculture, penitentiary institutions.
Article bibliography
1. Akchurin A. V., Shautaeva G. Kh. On some circumstances of fraud committed by convicts serving sentences in penal colonies // Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. – 2017. – No. 2 (38). – P. 58-63.
2. Vedomosti. The number of mobile phones confiscated by the Federal Penitentiary Service continues to decline. – [Electronic resource]. – Access mode: https://www.vedomosti.ru/society/articles/2025/02/05/1090225-kolichestvo-izyatih-fsin-mobilnikov-prodolzhaet-snizhatsya (date of access: 20.02.2025).
3. The head of the Investigative Committee Bastrykin told where telephone scammers call most often. – [Electronic resource]. – Access mode: https://gazeta.a42.ru/lenta/news/158367-glava-sk-bastrykin-rasskazal-otkuda-cashhe-vsego-rossiyanam-zvonyat (date of access: 18.02.2025).
4. The head of the FSIN decided to reward the employees who seized the largest batch of phones. – [Electronic resource]. – Access mode: https://tass.ru/obschestvo/20629583 (date of access: 16.02.2025).
5. A service dog found a suspicious package in the bushes near IK-20. – [Electronic resource]. – Access mode: https://vladnews.ru/2024-07-17/239024/sluzhebnyy_nashel?ysclid=m8lu0ntzky506821679 (date of access: 16.02.2025).
6. Teplyashin P. V. Prevention of penitentiary crime: determining factors, principles, sources and their classification // / Penitentiary science. – 2023. – Vol. 17, No. 4 (64). – P. 382-389.
7. Yamashkin A. S. On the issue of modern problems of investigating crimes in institutions of the penal system and ways to overcome them (on the example of investigating escapes from places of deprivation of liberty) // International Penitentiary Forum “Crime, Punishment, Correction”: forum materials (Ryazan, December 5-6, 2013). – Ryazan: Academy of the Federal Penitentiary Service of Russia, 2013. – P. 221-224.
CRIMINOLOGY
GADZHIEVA Aysha Ansarovna
Ph.D. in Law, associate professor of Criminal law and criminology sub-faculty, Dagestan State University, senior researcher, Research Institute of Economics and Law Enforcement, Dagestan State University of National Economy, Makhachkala
MALIKOV Ali Tulparovich
postgraduate student of Criminal law and criminology sub-faculty, Institute of Law, Dagestan State University, Makhachkala
PROBLEMS OF CRIMINALIZATION OF SOCIALLY DANGEROUS ACTS COMMITTED USING DIGITAL TECHNOLOGIES AT THE PRESENT STAGE: CRITICAL ANALYSIS
The scientific work offered to readers addresses the problems of criminalization for criminal acts committed through the use of digital technologies. It describes the scientific and conceptual apparatus of digital crimes, distinguishes them from related concepts (computer, information crimes). Taking into accountthe existing views on the problems of digital crimes, the authors state that digital crimes are a generic concept for all other crimes, the subject or method of which is information, including computer information. Accordingly, the proposal to systematize crimes committed through the use of digital technologies and place them in one chapter of the criminal law is justified. The authors believe that from the point of view of the legislative technique of presenting norms and their systematization, the main thing in the content of these crimes is the method, that is, the use of information and communication technologies, artificial intelligence and the Internet. An integral element of this method is the seizure of the user’s personal account, which is primarily in need of criminalization. The technique and logic of systematization of digital crimes proposed by the authors creates an opportunity to combine all digital crimes into one chapter.
Keywords: digital crimes, computer crimes, digital security, identity theft, use of ICT, artificial intelligence and the Internet.
Article bibliography
1. Atagimova E. I., Potemkina A. T., Tsopanova I. G. “Identity theft” as an independent crime or a type of fraud // Legal informatics. – 2017. – No. 3. – P. 14-22.
2. Begishev I. R., Bikeev I. I. Crimes in the sphere of digital information circulation. – Kazan: Publishing house “Poznanie” of Kazan Innovation University, 2020. – 300 p.
3. Dolgieva M. M. Digital object of crime // Bulletin of Tomsk State University. – 2022. – No. 483. – P. 253-260.
4. Dremlyuga R. I. Criminal-legal protection of the digital economy and information society from cybercriminal attacks: doctrine, law, law enforcement. – M .: Yurlitinform, 2022. – 328 p.
5. Kalmykov D. A. On the issue of improving the legislative technique of criminal-legal protection of information security of the Russian Federation. website. – [Electronic resource]. – Access mode: https://defence-line.ru/useful-info/k-voprosu-o-sovershenstvovanii (date of access: 25.01.2025).
6. Kartashov I. I., Lesnikov O. A. Digital information in criminal procedural evidence: concept and properties // Science. Society. State. – 2020. – Vol. 8, No. 4 (32). – P. 73-82.
7. Mosechkin I. N. The concept of crimes against the security of digital information // Lex Russica (Russian law). – 2023. – Vol. 76, No. 5 (198). – P. 49-59.
8. Russkevich E. A. Criminal law and “digital crime”: problems and solutions. – 2nd edition. – M.: Publishing House “Infra-M”, 2022. – 351 p.
CRIMINOLOGY
IVANOVA Ekaterina Vladimirovna
senior lecturer of Criminal law disciplines and the organization of the execution of punishments not related to the isolation of a proud person from society, Pskov Branch, University of the FPS of Russia
TERRORISM AS A THREAT TO STATE AND WORLD SECURITY
Terrorism is a crime against public order and security, causing imbalance and unrest in society, resulting in destruction and casualties. This act is committed in order to influence any decisions of government bodies, including at the international level. In this regard, there is a threat not only to society and the state, but also to the whole world. These actions cause people to fear for themselves and their loved ones, but at the same time undermine their faith in the protection of their interests by the state. The reasons for committing crimes can be drug addiction, population migration, material gain, revenge, commitment to any ideology. The most well-known organizations whose activities are prohibited on the territory of our state are al-Qaeda, the Taliban, Wahhabism, the Islamic state, Islamic jihad. Their attributes are the Islamic flag with the corresponding inscription, knives, weapons, public demonstration of their malicious behavior. Earlier in 1999, terrorist attacks systematically occurred in Moscow, near residential buildings, organized by natives of Chechnya, Georgia, Ingushetia, Dagestan and Arab countries. Explosions were heard during the celebration of Victory Day in Dagestan and Chechnya. Terrorist attacks were organized in concert halls (Nord-Ost), as well as in airplanes and subways by leaving unattended things in crowded places and using specialized belts by female suicide bombers to achieve their goals.
Keywords: terrorism, state security, world security.
Article bibliography
1. Adarov G., Muslimova M. Sh. The ashes of Beslan knock on my heart. – Text: electronic // Modernization of education. -2019 – P. 118-123.
2. Beznosov D. S., Pochebut L. G. Legal consciousness and psychology of terrorism: a textbook for the bachelor’s degree programs “Psychology” and “Law enforcement”. – 2nd ed., revised and supplementednnoe. – Moscow: KNORUS, 2023. – 225 p.
3. Merkuriev V. V., Sokolov D. A., Vasnetsova A. S. [et al.]. The identity of a participant in a terrorist / Under the general editorship of V. V. Merkuriev; University of the Prosecutor’s Office of the Russian Federation. – Moscow: Prospect, 2024. – 366 p.
4. Pitulko K. V., Koryakovtsev V. V. Qualification of crimes of an extremist and terrorist nature: a textbook for the bachelor’s degree program “Jurisprudence”. – Moscow: KnoRus, 2024. – 145 p.
CRIMINOLOGY
PISAREVSKAYA Elena Anatoljevna
Ph.D. in Law, associate professor, associate professor of Criminal law sub-faculty, North-West branch, V. M. Lebedev Russian State University of Justice, St. Petersburg
JUVENILE DELINQUENCY IN RUSSIA IN THE CONTEXT OF CRIMINOLOGICAL SECURITY
The article analyzes the quantitative indicators of juvenile delinquency at the federal and regional levels, identifies the main trends in this type of crime. The author justifies the increase in its latency caused, among other factors, by the influence of digitalization, which affects the state of criminological security. It is concluded that the revealed trend towards a decrease in the level of the type of crime under study occurs while maintaining its socio-economic base. The author analyzes regional differences in juvenile delinquency and makes suggestions for improving the analytical work of law enforcement agencies.
Keywords: criminological safety, juvenile delinquents, crime, trends, region.
Article bibliography
1. Gilinsky Ya. I. Crime and social control over it in modern postmodern society: a criminologist’s view // Criminalism. – 2016. – No. 1 (18). – P. 3-8.
2. Okutina N. N. Juvenile delinquency in Russia: status and prevention measures // Bulletin of the Ufa Law Institute of the Ministry of Internal Affairs of Russia. – 2023. No. 1 (99). – P. 114-121.
3. Pisarevskaya E. A., Dvorzhitskaya M. A. Crimes against the family and minors in Russia: status and main trends // Bulletin of Tomsk State University. – 2023. – No. 489. – P.235-245.
4. Prozumentov L. M., Olkhovik N. V. Recidivism of minors and its prevention. – Tomsk: Tom Publishing House. University, 2011. – 154 p.
5. Saveliev A. I. Ensuring criminological security of minors at the international level // Siberian Legal Review. – 2024. – No. 1. – P. 75-92.
6. Savchik K. V. Current state and trends in juvenile delinquency // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2023. – No. 4. – P. 133-140.
7. Chernov A. V. Crime situation in the Siberian Federal District: experience of comprehensive scientific assessment / Ed. by S. F. Milyukov. – SPb.: R. Aslanov Publishing House “Yuridichesky Tsentr Press”, 2006. – 398 p.
8. Fernández-Molina E., Bartolomé Gutiérrez R. Juvenile crime drops: What is happening with youth in Spain and why? // European Journal of Criminology. – 2020. – No. 17 (3). – P. 306-331.
9. Svensson R., Oberwittler D. Changing routine activities and the decline of youth crime: A repeated cross-sectional analysis of self-reported delinquency in Sweden, 1999-2017. //Criminology: An Interdisciplinary Journal. – 2021. – No. 59 (2). – P. 351-386.
LAW ENFORCEMENT AUTHORITIES
AMIRKHANYAN Vahe Gagikovich
senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
ALEXEEV Artem Mikhaylovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
TEZIKOV Dmitriy Alexandrovich
senior lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
MODERN THREATS TO RUSSIA’S NATIONAL SECURITY: RISK ANALYSIS AND STRATEGY OF THE MINISTRY OF INTERNAL AFFAIRS
The article highlights the strategy of the Ministry of Internal Affairs of the Russian Federation (MIA) in responding to unforeseen challenges related to the specifics of specific armed conflicts. Here, a detailed consideration is being taken to adapt the system of law enforcement measures to non-standard threats that exceed the scope of classical activities. The article focuses on measures to ensure security and legal stability in the educational environment of the Ministry of Internal Affairs of Russia. Special attention is paid to the modernization of educational programs for students in order to prepare for new challenges, including methods of countering modern threats. The article analyzes the sophisticated tactics and technologies of the Ukrainian special services aimed at destabilizing the internal situation in Russia and harming the civilian population. The innovative approaches of the Ministry of Internal Affairs in training personnel for extreme situations are considered: from methods of psychological analysis (profiling) to developed algorithms of actions aimed at identifying and neutralizing potentially dangerous elements. The issue of efficiency and decisiveness in the actions of the Interior Ministry staff is emphasized as a key factor in ensuring public safety. The article offers comprehensive recommendations for optimizing interaction with the public, focusing on the individual protection of citizens in case of increased threats. In general, this study makes a significant contribution to the study and assessment of the experience of the Ministry of Internal Affairs of Russia in the field of security and law enforcement during special military situations.
Keywords: national security, Ministry of Internal Affairs, military operations, sabotage, terrorist attacks, profiling, security, training of police officers, efficiency, situation modeling.
Bibliographic list of articles
1. Professional training of police officers: a 4-part textbook / General editor V. L. Kubyshko. – Moscow: DGSK MVD of Russia, 2020. Professional cycle. Part 1. – 536 p.
2. Professional and applied physical training: a teaching aid for universities / S. M. Voronin [et al.]; edited by N. A. Voronov. – 2nd ed., corrected. and additional. – Moscow: Publishing house Yurait, 2023. – 140 p. – (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/518668.
3. Physical training of employees of the penal system: a teaching aid for secondary vocational education / V. N. Pozhimalin [et al.]; editor-in-chief V. N. Pozhimalin. – 2nd ed., corrected. – Moscow: Yurait Publishing House, 2023. – 276 p. – (Professional education) // Yurait Educational Platform [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/518180.
4. Physical training as the main component of physical education of employees of the penal system: a teaching aid for universities / R. V. Puzyrevsky [et al.]; edited by R. V. Puzyrevsky. – 2nd ed., corrected. – Moscow: Yurait Publishing House, 2022. – 276 p. – (Higher education) // Yurait Educational Platform [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/495681.
LAW ENFORCEMENT AUTHORITIES
AKHTAMYANOV Ruslan Renartovich
senior lecturer of Fire and tactical-special training sub-faculty, Ufa Law Institute of the MIA of Russia
MILYUTIN Roman Viktorovich
senior lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia
PAVELKO Pavel Andreevich
lecturer of Fire training sub-faculty, Voronezh Institute of the MIA of Russia
FIRE TRAINING OF LAW ENFORCEMENT OFFICERS: PROBLEMS AND WAYS TO SOLVE THEM
In this article, the author considered the concept of fire training, which is carried out by law enforcement officers. The article explores various problems related to the fire training of employees, as well as the reasons why the described problems could arise. In addition, the author suggests promising ways to develop fire training for law enforcement officers, allowing them to improve the efficiency of their official tasks.
Keywords: fire training, law enforcement agencies, problems, ways of improvement, firearms.
Article bibliography
1. Kalinnikov A. S. Fire training of police officers: a scientific and practical guide. – Kaliningrad: Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia, 2019. – 258 p.
2. Goretsky I. I., Tyurin O. A. Problems of fire training of the employees of the Internal Affairs Bodies // Scientific and practical electronic journal. Alley of Science. – 2018. – No. 4 (20). – P. 20-22.
3. Mayurov N. P., Bantyukov I. B., Trabo V. N. Fire training in the internal affairs bodies: problems and development prospects // Psychology and pedagogy of service activities. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ognevaya-podgotovka-v-organah-vnutrennih-del-problemy-i-perspektivy-razvitiya (date of access: 11.01.2024).
4. Sharapov A. Yu., Blagovatin A. B., Samarkin V. A. Problems of fire training of employees of internal affairs bodies, as well as ways to improve their skills. – 2017. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/ognevaya-podgotovka-v-organah-vnutrennih-del-problemy-i-perspektivy-razvitiya (date of access: 11.01.2024).
LAW ENFORCEMENT AGENCIES
BABIN Alexander Vladimirovich
Deputy Head of Physical training sub-faculty, Ufa Law Institute of the MIA of Russia
FILIMONOV Rodion Nikolaevich
Head of Physical training and sports sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
EGOSHIN Dmitriy Ivanovich
associate professor of Physical training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
SERVICE-APPLIED SPORTS THAT CONTRIBUTE TO THE DEVELOPMENT OF PROFESSIONAL TRAINING OF LAW ENFORCEMENT OFFICERS
The article presents a comprehensive analysis of the importance and role of the development of service-applied sports in the process of professional training of police officers. The reasons for the emergence and ways of formation of service-applied sports in Russia are explained. In addition, the authors directly attempted to determine the importance of the existence of the All-Russian Physical Culture and Sports Society Dynamo. Conclusions are drawn about the need to improve the physical and mental qualities of law enforcement officers, their professionalism and qualifications, which allow them to successfully overcome difficulties in their professional activities, as well as the need to develop moral and moral qualities of a person, which determine the level of education of law enforcement officers.
Keywords: sports, physical training, service and applied sports, physical development, professionalism, police officers, cadets, trainees.
Article bibliography
1. Babin A. V., Mingulov I. R., Zinnatov R. R., Kubeev A. Zh. Methodical and practical foundations of physical training and education of students of educational organizations of the Ministry of Internal Affairs of Russia: study guide. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – 72 p.
2. Aldoshin AV, Barkalov SN, Gerasimov IV Special physical training of police officers to perform service and combat missions in local conflicts [Electronic resource]: monograph / Under the general editorship of AV Aldoshin. – Orel: Orel Law Institute of the Ministry of Internal Affairs of Russia named after VV Lukyanov, 2013. – 141 p. (date accessed: 02/07/2023).
3. Kulinichev AN, Klimenko BA, Vorotnik AN, Lopatin I.I. Service-applied sports as the basis for the professional development of a police officer // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin. – 2016. – No. 1 (27). – P. 71-73.
4. Babin AV, Yachmenev SP, Lukyanov AB [et al.]. Actual problems of physical education and sports in Russia // Actual problems of physical culture, sports and tourism: materials of the XVII International scientific-practical conference, May 25-26, 2023. – Ufa, 2023. – P. 66-70.
5. Lukyanov BG Orientations of the population towards a healthy lifestyle: socio-philosophical analysis // Society, law, statehood: retrospective and prospect. – 2024. – No. 3 (19). – pp. 117-124.
LAW ENFORCEMENT AUTHORITIES
BUBNOVA Yuliya Gennadjevna
Ph.D. in Law, associate professor, associate professor of Administrative and legal disciplines sub-faculty, Faculty of Law, Vladimir Law Institute of the FPS of Russia, colonel of internal service
KALYASHIN Andrey Vladimirovich
Ph.D. in Law, associate professor, associate professor of Constitutional and municipal law sub-faculty, Vladimir branch, Russian Academy of National Economy and Public Administration under the President of the Russian Federation
LEGAL REGULATION OF GENDER EQUALITY IN THE CIVIL SERVICE
The authors of the article investigate the historically formed socio-political activity of women in public service, namely in government agencies at the federal level, at the level of subjects of the Russian Federation, municipal positions and positions of municipal service, as well as in law enforcement agencies of various departments. The number of employees who filled state (municipal) positions and positions of the state civil (municipal) service is considered, a quantitative analysis of the presence of women in power is given. The paper describes the individual reasons for such a large number of women in the civil service, identifies problems, takes into account the specifics of service by female personnel, and formulates a number of proposals to improve the legal regulation of gender equality in the civil service.
Keywords: equality, civil service, leadership positions, female employees, law enforcement agencies, personnel training.
Article bibliography
1. Korostyleva N. N. Gender distribution in the state civil service system // State service. – 2015. – No. 5 (97).
2. Petrantsov A. S. Service in the internal affairs bodies and the principle of gender equality // Bulletin of the Voronezh Institute of the Ministry of Internal Affairs of Russia. – 2020. – No. 1. – P. 304-310.
3. Polivaeva N.. P. Filippova D. G. Gender factor in the activities of the penal system: problems, statistics, dynamics // Bulletin of the criminal-executive system. – 2015. – No. 7. – P. 28-31.
4. Romanova V. V. Women’s service in the internal affairs bodies (legal and organizational aspects): author’s abstract. dis. … candidate of legal sciences. – Moscow, 2007. – 24 p.
5. Uporov A. G. Women in the service in the penal system // ”CHRONOS”: multidisciplinary sciences. – 2022. – V. 6, No. 11 (73). – P. 189-193.
6. Khilobok Yu. V. Political aspects of gender statistics of the civil service [Text] // Public and municipal administration. Scientific notes of SKAGS. – 2017. – No. 2. – P. 251-256.
7. Shvets L. G., Shepeleva Yu. L. Gender aspect of power relations: problems and directions of development / Monograph. – M.: CREDO, 2015. – 148 p.
LAW ENFORCEMENT AUTHORITIES
HUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
LEVCHENKO Alexander Alexandrovich
Deputy Head of Tactical and special training sub-faculty, Barnaul Law Institute of the MIA of Russia
LYUKOVETS Vladimir Petrovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia
TRAINING OF LAW ENFORCEMENT OFFICERS IN CHOOSING AN ADVANTAGEOUS ROUTE THROUGH THE AREA
Orientation training plays an important role in the training of law enforcement officers. It develops not only the skills of fast and accurate orientation on the ground, but also tactical thinking, improves physical fitness, increases psychological stability, improves teamwork and communication between employees, which further contributes to the effective conduct of operations, investigative actions or search activities. In this article, the authors provide methodological material aimed at developing the skills of students of educational organizations of the Ministry of Internal Affairs of Russia in determining and choosing a profitable route.
Keywords: orientation, driving route, law enforcement officer.
Bibliographic list of articles
1. Vostroknutov A. L., Suprun V. N., Shevchenko G. V. Protection of the population and territories in emergency situations. Fundamentals of Topography: textbook for universities / General editor A. L. Vostroknutov. – 2nd ed., corrected. and add. – Moscow: Publishing House Yurait, 2024. – 410 p. – (Higher education) // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/535937 (date of access: 01/05/2025).
2. Semiglazov A. G., Sabanov A. Yu. Sports orienteering in the system of special training of police officers // Special training of law enforcement officers in the context of new security threats: materials of the International scientific and practical conference, Ufa, March 21, 2024. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – pp. 107-110. – EDN ARZQSU.
3. Fatkhiev D. M. The role of topographic training in the Ministry of Internal Affairs of Russia // Improving the methodology of teaching special professional disciplines in educational organizations of the Ministry of Internal Affairs of Russia: Proceedings of the All-Russian scientific and practical conference, Krasnodar, February 15, 2023 / Editorial board: A. S. Dudko, A. A. Frolov, D. A. Voronov [et al.]. – Krasnodar: Federal State Budgetary Educational Institution of Higher Professional Education “Krasnodar University of the Ministry of Internal Affairs of the Russian Federation”, 2023. – P. 424-426. – EDN ROQYWM.
LAW ENFORCEMENT AUTHORITIES
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
NABIEV Valeriy Valerjevich
senior lecturer of Administrative activities of the internal affairs bodies sub-faculty, Voronezh Institute of the MIA of Russia
PLESHIVTSEV Alexey Yurjevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
PHYSICAL TRAINING OF LAW ENFORCEMENT OFFICERS: THE KEY TO EFFECTIVE TASK PERFORMANCE AND INCREASED COMBAT READINESS
The article is devoted to the importance of physical training of law enforcement officers as the main aspect influencing the effectiveness of performance of official duties and increasing combat readiness. In a dynamically changing operational environment, where service activity requires quick reactions and a high level of physical endurance, maintaining excellent physical fitness becomes not just desirable, but vital. The paper analyzes the results of periodic physical fitness checks of employees, revealing alarming trends in the degradation of the level of physical fitness among personnel, which has a negative impact on operational tasks, including the prosecution of offenders and the conduct of special operations. The authors emphasize the importance of an individualized approach to training, taking into account the age and professional characteristics of employees.
Keywords: physical training, employees of internal affairs bodies, professionally applied physical training, differentiated approach.
Article bibliography
1. Barchenkov V. I., Volkov A. V. Physical training of employees of internal affairs bodies in modern conditions: problems and ways of improvement // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2 (90). – P. 124-129.
2. Grachev A. S., Mikhailov D. V. Organization of physical training of police officers taking into account the specifics of their official activities // Scientific Notes of P. F. Lesgaft University. – 2021. – No. 2 (192). – P. 66-70.
3. Davydov O. B., Plotnikov A. A. Modern trends in physical training of employees of internal affairs bodies // Bulletin of the criminal-executive system. – 2021. – No. 5 (226). – P. 37-41.
4. Eremin A. Yu., Shiyanov N. V. Ways to increase the motivation of employees of internal affairs bodies to engage in physical training // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 4 (92). – pp. 154-159.
LAW ENFORCEMENT AUTHORITIES
EREMYAN Artyush Armenovich
postgraduate student of the 3rd year of study, Faculty “Higher School of Public Audit”, M. V. Lomonosov Moscow State University
LAW ENFORCEMENT ACTIVITIES IN THE CONTEXT OF DEVELOPMENT OF INFORMATION TECHNOLOGIES
The article considers current issues of transformation of law enforcement activities in the context of active development and implementation of information technologies in the Russian Federation. Modern trends of digitalization of the law enforcement system are analyzed, including the use of artificial intelligence, big data and cloud technologies in the activities of law enforcement agencies. Particular attention is paid to the problems of ensuring cybersecurity and combating cybercrime, as well as improving the regulatory framework in the field of application of digital technologies in law enforcement. The prospects for the development of electronic document management, automated information systems and digital platforms for interaction between law enforcement agencies are studied. The article contains practical recommendations for improving the efficiency of law enforcement activities using modern information technologies and may be of interest to specialists in the field of law, information technology and public administration.
Keywords: law enforcement, law enforcement agencies, digitalization, digital transformation, digital environment
Article bibliographic list
1. The Constitution of the Russian Federation (adopted by popular vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_ doc_LAW_28399/Federal Law “On Operational-Investigative Activities” dated 12.08.1995 No. 144-FZ. [Electronic resource]. – Access mode: https://www. consultant.ru/document/cons_doc_LAW_110165/
2. Goroshko I. V. Digitalization is a modern trend in the development of law enforcement agencies // Obozrevatel-Observer. 2022. No. 2.
3. Kravtsov O. I., Belova O. V. Legal culture: problems and aspects of formation among police officers // Actual issues of modern science education: collection of articles of the XXIV International scientific and practical conference. Penza, 2022. Pp. 238-241.
4. Mamay E. A. Digital technologies in law enforcement: criteria for a legitimate combination of public and private interests // International Journal of Open Information Technologies. 2022. Vol. 10, No. 11. Pp. 87-104.
5. Nyagashkina G. I. Application of digital technologies in law enforcement // Best research project 2022: collection of articles of the II International research competition. Petrozavodsk, 2022. Pp. 215-220.
6. Talapina E. V. Law and digitalization: new challenges and prospects // Journal of Russian Law. 2018. No. 2 (254). P.5-17.
LAW ENFORCEMENT AUTHORITIES
KUZMICHEV Yuriy Vladimirovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
TEMNYSHOV Andrey Alexandrovich
Ph.D. in technical sciences, Deputy Head of Organization of activities of road safety units sub-faculty, Moscow regional branch, V.Ya. Kikot Moscow University of the MIA of Russia
KARPUSHKIN Vladimir Vladimirovich
Ph.D. in Law, professor of Fire and tactical special training sub-faculty, Bryansk branch, V. V. Lukyanov Oryol Law Institute of the MIA of Russia
PROSPECTS FOR THE DEVELOPMENT OF UNMANNED AIRCRAFT IN THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES OF THE RUSSIAN FEDERATION
The article reflects the special importance of unmanned aerial vehicles in various fields of activity, and also addresses issues that highlight the provisions of the strategy for the further development of unmanned aviation in our country. The main obstacles to the development of the unmanned aircraft industry are also outlined, as well as the role of the state in regulating certain processes, ranging from regulatory regulation to financing of this industry, as well as monitoring the implementation of set goals.
Keywords: unmanned aerial vehicle, unmanned aircraft, strategy, inspection, aerial photography, operator.
Article bibliography
1. Order of the Government of the Russian Federation of June 21, 2023 No. 1630-r “On approval of the Strategy for the Development of Unmanned Aviation in the Russian Federation for the Period up to 2030 and for the Perspective Up to 2035 and the Action Plan for its Implementation.”
2. Kovalev D. V., Kuzmichev Yu. V. Issues of the Use of Unmanned Aerial Vehicles by the Police // Law and Order. – 2023. – No. 6. – P. 73-77. – DOI 10.56539/20733313_2023_6_73. – EDN FWDRNB.
3. Fetisov V. Unmanned aviation: terminology, classification, current state: Handbook. – M.: Photon, 2014.
LAW ENFORCEMENT AUTHORITIES
MAISEEV Kirill Stepanovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
LOBANOVA Elena Nikolaevna
senior lecturer of Physical Culture and sports and wellness technologies sub-faculty, Don State Technical University, Rostov-on-Don
OVECHKIN Denis Gennadjevich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
OPTIMIZATION OF PHYSICAL TRAINING OF CADETS OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION: MODERN CHALLENGES AND SOLUTIONS
This article examines in detail the role of the physical development of cadets and trainees of educational institutions of the Ministry of Internal Affairs of the Russian Federation in their professional training and successful performance of official duties. The author emphasizes that achieving high standards of physical fitness is an integral part of effective fulfillment of tasks related to the suppression of offenses, ensuring public order and protecting citizens. During the analysis of the current system of physical training, key problems are identified: outdated methods, insufficient adaptation of programs to the specifics of operational and service activities, as well as a low level of motivation for students to engage in systematic activities. The problems associated with the lack of modern equipment and infrastructure are also pointed out, which further limits the opportunities for high-quality education. The article emphasizes the need to introduce a systematic approach to the modernization of physical education in educational institutions of the Ministry of Internal Affairs. One of the key aspects is the adaptation of the content and structure of training programs to the requirements imposed on police officers in modern reality. Proposals are being considered to introduce a differentiated approach that takes into account the individual characteristics of cadets, their psychological and physiological characteristics, as well as the specific requirements of the upcoming service. The importance of using modern technologies and teaching methods is also emphasized, which can increase the level of involvement of cadets and trainees in the physical training process.
Keywords: physical training, police officers, educational organizations of the Ministry of Internal Affairs of Russia, forms and methods, improvement, professional training.
Bibliographic list of articles
1. Belov S. E., Makarov A. V. Problems of physical training of employees of internal affairs bodies in the conditions of modern society // Scientific Bulletin of the Kuban State Agrarian University. – 2021. – No. 2. – P. 45-49.
2. Ivanov I. I., Smirnova M. A. Organization of physical training of police officers in the conditions of the realities of the urban environment // Bulletin of Kazan University. – 2022. – V. 14, No. 1. -P. 215-220.
3. Kuznetsov V. G., Romanov A. P. Prospects for methodological support of physical training of law enforcement officers //Scientific Notes of the P. F. Lesgaft University. – 2021. – No. 6 (196). – P. 34-38.
4. Zhukova L. P., Tikhomirov K. D. Modern Methods of Physical Training in the System of the Ministry of Internal Affairs of Russia: from Theory to Practice // Theory and Practice of Physical Culture. – 2022. – No. 8. – P. 92-95.
5. Sidorov A. V., Karpov E. Yu. Modernization of Physical Training in Educational Institutions of the Ministry of Internal Affairs of Russia: Challenges and Solutions // Bulletin of the Academy of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 123-127.
LAW ENFORCEMENT AUTHORITIES
MUZAFIN Ruslan Rayanovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
VYSHTIKALYUK Vladimir Fedorovich
associate professor of Fire training sub-faculty, Omsk Academy of the MIA of Russia
NIKIFOROV Pavel Vasiljevich
senior lecturer of Fire and technical training sub-faculty, Barnaul law Institute of the MIA of Russia
PROFESSIONAL TRAINING OF DISTRICT POLICE OFFICERS TO ACT IN SPECIAL CONDITIONS
The article reveals methods for optimizing the performance of official duties in special conditions that require the ability to mobilize their resources, make quick and informed decisions, and demonstrate a high degree of physical and psycho-emotional endurance of district police officers and police officers in general. The formation of skills for the confident use of physical force, special equipment and service weapons, the specifics of tactical training, as well as improving the level of general physical and professional training of employees performing official tasks in special conditions are not sufficient without the psychological stability of a person. Psychological training is one of the key aspects of preparing employees to deal with the terrorist threat in the modern realities of life. Solving these issues will allow law enforcement officers to confidently perform their tasks at a high professional level.
Keywords: law enforcement officer, psychological stability, personal qualities, law enforcement, police officer, law, firearms, fire training, qualified instructor.
Article bibliography
1. Federal Law No. 3-FZ “On Police” // SPS ConsultantPlus.
2. Order of the Ministry of Internal Affairs of Russia dated 02.02.2024 No. 44 “On approval of the procedure for organizing the training of personnel to fill positions in the internal affairs bodies of the Russian Federation” // SPS ConsultantPlus.
3. Muzafin, R. R., Vyshtikalyuk V. F., Nikiforov P. V. Professional qualities of a police officer of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2024. – No. 2 (189). – P. 415-417. – EDN WCZYQQ.
4. Muzafin R. R., Nikiforov P. V., Shipov O. V. Stress Management in Shooting Training // Eurasian Law Journal. – 2022. – No. 1 (164). – P. 463-464. – EDN LPLUJC.
5. Murtazin A. I. Issues of Practical Preparedness for the Use of Firearms by Employees of the Internal Affairs Bodies of the Russian Federation // Improving the Methodology of Teaching Special Professional Disciplines in Educational Organizations of the Ministry of Internal Affairs of Russia: Proceedings of the All-Russian Scientific and Practical Conference, Krasnodar, February 15, 2024. – Krasnodar: Krasnodar University of the Ministry of Internal Affairs of the Russian Federation, 2024. – P. 124-127. – EDN BNQGLA.
6. Pesterev N. N., Pushkarev M. E., Muzafin R. R. The problem of adaptation of cadets and students studying in the profile of a district police officer to practical shooting and ways to solve it // Eurasian Law Journal. – 2021. – No. 3 (154). – P. 412-413. – EDN CLJVBC.
7. Vyshtikalyuk V. F., Muzafin R. R., Kopylov I. A. Ways to improve the marksmanship training of the Ministry of Internal Affairs employees // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 416-417. – EDN PCWREE.
LAW ENFORCEMENT AUTHORITIES
NELYUBIN Roman Vladimirovich
senior lecturer of Tactical and special training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
POZDNYAKOV Ivan Vasiljevich
lecturer of Tactical and special training sub-faculty, Barnaul Law Institute of the MIA of Russia
KOPYLOV Ivan Alexeevich
lecturer of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
CHAYCHENKO Dmitriy Vladimirovich
senior lecturer of fire training sub-faculty, Volgograd Academy of the MIA of Russia
ADAPTATION OF AN EMPLOYEE OF THE INTERNAL AFFAIRS BODIES TO PROFESSIONAL ACTIVITY IN EXTREME CONDITIONS
The article deals with the process of adaptation of an interior Ministry employee in the implementation of professional activities in extreme conditions. This phenomenon is an obligatory process in the life of every employee, it is impossible not to go through it. The presence of extreme conditions has a significant impact on the adaptation process itself, which is why the usual approach is no longer effective and difficulties arise, and therefore the topic of the scientific article is considered relevant and practically significant. The resolution of existing difficulties will improve the effectiveness of activities, saving the lives and health of employees while serving in extreme conditions.
Keywords: adaptation, police officer, extreme conditions, moral and psychological support, barrier, special conditions, mentor, labor collective, informing.
Article bibliography
1. Pesterev N. N., Pushkarev M. E., Muzafin R. R. The problem of adaptation of cadets and students studying in the profile of a district police officer to practical shooting and ways to solve it // Eurasian Law Journal. – 2021. – No. 3 (154). – P. 412-413. – EDN CLJVBC.
2. Muzafin R. R., Vyshtikalyuk V. F., Nikiforov P. V. Professional qualities of a police officer of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2024. – No. 2 (189). – P. 415-417. – EDN WCZYQQ.
3. Romanov A. A. On some features of training employees of internal affairs bodies for actions (performance of operational and service tasks) in special conditions // Pedagogical dialogue: Almanac. Materials of the All-Russian Scientific and Methodological Seminar, Moscow, February 14, 2024. – Moscow: Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Ya. Kikot, 2024. – P. 130-136. – EDN GIUPOF.
LAW ENFORCEMENT AUTHORITIES
NOVOKHATSKY Bogdan Nikolaevich
lecturer of Special training sub-faculty, Ufa Law Institute of the MIA of Russia
MAMAEVA Anastasiya Alexandrovna
Inspector of the Department of Planning and Quality Control of the Educational Process and Practice, Voronezh Institute of the MIA of Russia
SHILIKHIN Alexander Sergeevich
senior Lecturer of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
PHYSICAL TRAINING AS A BASIS FOR THE EFFECTIVENESS OF LAW ENFORCEMENT OFFICERS
The article discusses the optimization of the assessment of the functional readiness of personnel in the internal affairs bodies and ways to improve its effectiveness. The main focus of the article is to focus on the need to create individual standards of physical development for police officers, taking into account criteria such as age, work experience in law enforcement agencies, the specifics of their official tasks, and other aspects. Special attention is paid to the importance of adapting standards to the specific requirements of professional activity. The main conclusions of the article are the need to apply a systematic approach to assessing the development and maintenance of a high level of functional readiness of law enforcement officers, taking into account their professional characteristics and current trends in the development of physical culture. The study is proposed to be used to improve the regulatory framework for the requirements for the physical condition of police officers, as well as to create targeted special education programs.
Keywords: internal affairs bodies, physical training, standards, testing, improvement of the assessment system.
Article bibliography
1. Antipova E. V., Kokorin A. V. Features of physical training of employees of internal affairs bodies in modern conditions // Theory and practice of physical education. – 2021. – No. 2. – P. 85-87.
2. Baranov V. V., Romanov A. A. Professional and applied physical training of police officers: status and prospects for improvement // Scientific notes of the University named after P. F. Lesgaft. – 2021. – No. 4 (194). – P. 27-32.
3. Volchenkov G. V., Golubev S. A. Assessment of physical fitness of employees of internal affairs bodies and its impact on the effectiveness of official activities // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 120-124.
4. Grigoriev O. A., Mikhailov A. V. Modern approaches to the organization of physical training in the system of the Ministry of Internal Affairs of Russia // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2021. – No. 3 (91). – pp. 179-184.
LAW ENFORCEMENT AUTHORITIES
SOBOLEV Andrey Georgievich
Head of Fire training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
TORGERSEN Alexander Sergeevich
senior lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
AFANASKIN Pavel Vladimirovich
lecturer of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
BUDNIK Nikita Stanislavovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
PSYCHOLOGICAL TRAINING OF EMPLOYEES FOR THE USE OF SERVICE WEAPONS
This article discusses the problems an employee faces while performing official tasks. Employees’ activities are often conditioned by very complex, stressful, and extraordinary conditions, which, in turn, require instant decision-making. Constant official tasks, excessive physical and psychological stress. The characteristic features of behavior in various situations, psychological behavior, self-control, and all this in compliance with the rule of law, while the use of firearms entails a very serious responsibility. In this regard, it is necessary to develop the psychological preparedness of employees, which will be necessary to ensure efficiency and well-being in the work environment. It will help to develop qualities such as emotional stability, communication skills and ethical principles, which will have a positive impact on professional activity in the future.
Keywords: employees, training, psychology, behavior, extreme situations, emotional stress, difficulties, improvement, readiness to use weapons.
Article bibliography
1. Balabanov V. Yu., Pavlenko S. V. General military training. Firearms training with small arms: a tutorial. – Novosibirsk: Siberian State University of Telecommunications and Informatics, 2022. – 102 p.
2. Ryzhov A. V., Konyaev V. M., Pozhidaev S. V., Gordenko D. V. Basics of firearms training: a tutorial. – 2nd ed. – Moscow: IP Ar Media, 2024. – 110 p.
LAW ENFORCEMENT AUTHORITIES
KHAKIMOV Nazim Nazipovich
senior lecturer of Professional training sub-faculty, Ufa Law Institute of the MIA of Russia, lieutenant colonel of police
BURLIN Sergey Vladimirovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia, major of police
KOVGAN Ekaterina Yurjevna
lecturer of Administrative law sub-faculty, Rostov Law Institute of the MIA of Russia, captain of police
KLIMOVSKIY Anton Sergeevich
lecturer of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, Simferopol, captain of police
THE PECULIARITIES OF THE DEVELOPMENT OF COMMUNICATION SKILLS AMONG PATROL OFFICERS
This scientific article examines the role of the communication skills of patrol and patrol service personnel in ensuring public safety and law enforcement. The authors note that patrol officers constantly interact with people from different walks of life, including law-abiding citizens, potential offenders, and victims of crime. Effective communication is a crucial factor for conflict prevention, obtaining and exchanging information, establishing trust and cooperation with the public, as well as providing assistance and support to citizens in crisis situations.
The authors consider the causes of conflicts in the interaction of patrol officers with citizens and identify three blocks of communicative tasks that are solved in the process of professional interaction: tasks for profiling the interlocutor’s personality, interactive tasks, and perceptual tasks.
The article highlights the importance of developing communication skills for teaching staff and offers recommendations for their improvement.
Keywords: patrol and post service, professional training, communication skills, effective communication, communicative competence.
Article bibliography
1. Gainullina A. V. Problems of developing communicative competence of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2020. – No. 1. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/problemy-razvitiya-kommunikativnoy-kompetentnosti-sotrudnikov-ovd (date of access: 01/27/2025).
2. Polyakova N. A. Adaptation and communicative potential of patrol police officers at various stages of professional activity // World of Science. Pedagogy and Psychology. – 2021. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/adaptatsionnyy-i-kommunikativnyy-potentsial-sotrudnikov-patrulno-postovoy-sluzhby-politsii-na-razlichnyh-etapah-professionalnoy (date of access: 01/27/2025).
3. Polyakova N. A. The structure of personal, adaptive and communicative characteristics of employees of the patrol and post police service at various stages of professional activity // The world of science. Pedagogy and psychology. – 2022. – No. 5. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/struktura-lichnostnyh-adaptatsionnyh-i-kommunikativnyh-osobennostey-sotrudnikov-patrulno-postovoy-sluzhby-politsii-na-razlichnyh (date of access: 27.01.2025).
4. Sergienko A. S. On the formation of communicative competence in situations of communication between employees of internal affairs bodies and citizens // E-Scio. – 2020. – No. 11 (50). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/o-formirovanii-kommunikativnoy-kompetentnosti-v-situatsiyah-obscheniya-sotrudnikov-organov-vnutrennih-del-s-grazhdanami (date of access: 27.01.2025).
5. Chernysheva E. V. Stress resistance of employees of the patrol and post police service in the conditions of professional activity // Psychopedagogy in law enforcement agencies. – 2023. – No. 2 (93). – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/stressoustoychivost-sotrudnikov-patrulno-postovoy-sluzhby-politsii-v-usloviyah-professionalnoy-deyatelnosti (date of access: 27.01.2025).
LAW ENFORCEMENT AGENCIES
AMIRKHANYAN Vahe Gagikovich
Senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
ALEXEEV Artem Mikhaylovich
Lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
ANTONENKO Alexander Alexandrovich
senior lecturer of Fire and physical training sub-faculty, Rostov Law Institute of the MIA of Russia
THE ROLE OF PHYSICAL TRAINING IN ENSURING THE SAFETY OF POLICE OFFICERS
The article examines the role of physical training of police officers in ensuring their safety and efficiency in performing official functions. The focus is on various aspects of physical fitness, including strength, endurance, flexibility and speed, as well as their impact on psychological confidence and stress tolerance. The author analyzes the relationship between physical fitness and injury prevention, as well as the effective use of special tools. The article also describes the importance of implementing specialized physical training programs covering general physical development, tactical training and psychological training. Approaches to the implementation of a physical training program are being considered, including regular evaluations, support from management and exchange of experience between various human rights bodies. In conclusion, the need to invest resources in physical training as an element of a strategy to improve the safety and effectiveness of police work in modern society is emphasized. The article will be useful for practicing law enforcement officers, managers and researchers in the field of safety and physical training.
Keywords: physical training, police officers, safety, stress resistance, training programs, psychological training, public safety.
Article bibliography
1. Ivanov A. P. The role of physical training in the professional activities of police officers // Journal of Law and Security. – 2021. – No. 18 (2). – P. 45-54.
2. Petrov S. V. Physical training as a factor in increasing the effectiveness of law enforcement agencies // Russian Law Journal. – 2021. – No. 23 (3). – P. 112-119.
3. Kuznetsova E. A. The influence of physical activity on the stress resistance of police officers // Scientific Bulletin of the Ministry of Internal Affairs of Russia. – 2022. – No. 9 (1). – P. 88-96.
4. Sidorov I. A. Physical fitness as the basis for professional training of a police officer // General justice. – 2022. – No. 15 (4). – P. 78-85.
5. Smirnova N. M. Integration of physical training into training programs for law enforcement officers // Journal of Law and Order. – 2023. – No. 14 (1). – P. 39-47.
6. Zaitsev D. N. Problems and solutions of physical training of police officers in modern conditions // Law enforcement research. – 2021. – No. 10 (6). – P. 134-141.
7. Fedorov A. I. Stress Resistance in Police Officers and Its Relationship with Physical Fitness // Psychology and Law. – 2023. – No. 29 (2). – P. 159-167.
LAW ENFORCEMENT AGENCIES
HUSEYNOV Amirjan Akhmedovich
associate professor of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
ULRICH Sergey Alexandrovich
Ph.D. in technical sciences, Deputy Head of Fire and technical training sub-faculty, Barnaul Law Institute of the MIA of Russia
CHERNEYKIN Pavel Petrovich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia
TOPOGRAPHIC ASPECTS OF ENGINEERING TRAINING OF LAW ENFORCEMENT OFFICERS
Engineering support is organized in order to create the necessary conditions for law enforcement units, allowing them to move, deploy and maneuver in a timely and covert manner to successfully complete operationional and service tasks in special conditions, as well as to increase the protection of personnel and equipment from modern weapons. This article examines the importance of taking into account topographic aspects in the engineering training of law enforcement officers as one of the integral components of the professional training of police personnel.
Keywords: engineering training, topographic training, law enforcement officers, locality, stronghold.
Article bibliography
1. Romanov A. A., Pestru E. I. On some problems of organizing and conducting classes on developing skills for solving operational and service tasks in special conditions and ways to solve them // Modern approaches to training personnel in the interests of ensuring legality and law and order: issues of modernization and improvement: Collection of materials of the educational and methodological meeting, Ufa, February 21-22, 2024. – Ufa: Ufa Law Institute of the Ministry of Internal Affairs of the Russian Federation, 2024. – P. 177-185. – EDN IOSKID.
2. Vostroknutov A. L., Suprun V. N., Shevchenko G. V. Protection of the population and territories in emergency situations. Fundamentals of topography: textbook for universities / General editor A. L. Vostroknutov. – 2nd ed., corrected. and additional. – Moscow: Publishing house Yurait, 2024. – 410 p. – (Higher education). – ISBN 978-5-534-13151-2 // Educational platform Yurait [website]. – [Electronic resource]. – Access mode: https://urait.ru/bcode/535937 (date of access: 05.01.2025).
3. Muzafin R. R. Military topography as a basis for combat training of an employee of the internal affairs bodies // Actual problems of the state and society in the field of ensuring the rights and freedoms of man and citizen. – 2019. – No. 2. – P. 573-576. – EDN ZIRAKY.
LAW ENFORCEMENT AUTHORITIES
EVLOEV Tamerlan Yakubovich
postgraduate student of Organization of judicial and prosecutorial and investigative activities sub-faculty, O. E. Kutafin Moscow State Law University(MSAL)
CURRENT ISSUES OF DIGITALIZATION OF THE PROSECUTOR’S OFFICE
The article examines the current state of the implemented information technology systems within the framework of digitalization of the prosecutor’s office. The main objective of the study is to analyze the effectiveness of existing systems, as well as to assess the impact of individual aspects on the activities of prosecutors in the digital space. The article proposes the integration of individual digital platforms for simplified document flow for both citizens and specialized agencies within the framework of interaction. The need for further development of not only digital systems of the prosecutor’s office, but also regulatory regulation of the digital development of the prosecutor’s office is noted.
Keywords: prosecutor’s office, digitalization, Concept, security, digital systems, interaction.
Article bibliographic list
1. 1. Barchukov V.K. Information support, artificial intelligence, law enforcement / Under the general editorship of Doctor of Law, Professor S.V. Rastoropov. – St. Petersburg: Publishing house “Legal Center”, 2022. – 272 p.
2. 2. Kapinus O.S. Digitalization of the activities of the prosecutor’s office: the present and the future // Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. – 2018. – No. (66).
3. 3. Stepanova M. V. The role of big data in prosecutorial supervision // Journal of Digital Justice. – 2023. – No. 5. – P. 40-55.
SECURITY AND LAW
ZHUKOV Azamat Zaurbekovich
Ph.D. in technical sciences
BITOV Alim Aslanovich
lecturer of Activities of the internal affairs directorate in special conditions sub-faculty, North Caucasian Institute for Advanced Studies (branch), Krasnodar University of the MIA of Russia
REGULATORY AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY OF THE DIGITAL RUBLE
The introduction of the digital ruble in the Russian Federation is of particular relevance, since the digitalization of the economy requires the use of a new form of money and digital national currencies are being created in other countries. The introduction of digital currency is a factor that can ensure the competitiveness of the Russian economy, as transaction costs will decrease. The digital ruble, in comparison with traditional cash and non-cash money, has a number of additional advantages that significantly increase its attractiveness as a means of payment. There is a growing need on the part of citizens and commercial structures to increase the speed, security and convenience of transactions with funds. The Bank of Russia is implementing projects that contribute to the development of the digital economy, including the introduction of the digital ruble. The introduction of a new form of money is a cocomplex and multi-stage process. This process requires the development of a regulatory and technical basis for the issue and circulation of the digital ruble. It is necessary to make certain changes to the current regulatory legal acts and develop new provisions that regulate the circulation of the digital ruble. One of the most pressing issues of the circulation of the digital ruble is ensuring the information security of the digital ruble, which will increase the level of trust in the new form of money.
Keywords: digital ruble, information security, platform, credit institutions, cryptography, electronic wallets, regulation, digital code, software module, application.
Bibliographic list of articles
1. The Constitution of the Russian Federation (adopted by a nationwide vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020).
2. Bank of Russia Regulation of December 7, 2023 No. 833-P “On the requirements for ensuring the protection of information for participants in the digital ruble platform”.
3. The concept of the digital ruble developed by the Bank of Russia. – M., 2021.
4. Dyakonov R. V. Prospects for the introduction of a central bank digital currency in the world and in Russia // Management Issues. – 2023. – No. 1 (80). – P. 7.
5. Pusurmanov G. V. Legal and economic aspects of the introduction of the digital ruble in the Russian Federation // 5. Pravo5. 5. and5. 5. practice. – 2023. – No. 2. – P. 100-106.
6. Fiapshev A.B. Functionality of digital currencies as an external manifestation of their essence and a development factor // Business. Education. Law. – 2022. – No. 1 (58). – P. 25-31.
7. Shumilova V.V. Digital ruble of the Bank of Russia as a new form of national currency // Legal paradigm. – 2022. – Vol. 21, No. 2. – P. 156-162.
SAFETY AND LAW
MURTAZIN Artur Ilgamovich
Deputy Head of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
ZAITSEV Andrey Gennadjevich
lecturer of Fire and technical training sub-faculty, Barnaul Law Institute of the MIA of Russia
KOVALEV Timur Vitaljevich
lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FIGHT AGAINST UNMANNED AERIAL VEHICLES IN MILITARY CONFLICTS
One of the directions of national security and ensuring the geopolitical situation is the development of means of combating unmanned aerial vehicles, which requires constant development and improvement of technical means. Therefore, the fight against drones requires a holistic approach and constant technical updates in order to ensure reliable protection against the offensive threat, which in the future will allow us to achieve technological advances and solve problems that require constant research and development.
Keywords: drones, unmanned aerial vehicles, military conflict, struggle.
Article bibliography
1. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ // Reference and legal system “Garant”. – [Electronic resource]. – Access mode: https://www.garant.ru (date of access: 11/10/2024).
2. Code of the Russian Federation on Administrative Offenses of 12/30/2001 No. 195-FZ // Reference and legal system “Garant”. – [Electronic resource]. – Access mode: https://www.garant.ru (date accessed: 10.11.2024).
3. Semenets V. O. Methods of countering unmanned aerial vehicles // Science-intensive technologies in space research of the Earth, 2018. – 8 p.
4. Lopin I. N. Development of means of combating unmanned aerial vehicles // Military Thought, 2023. – 47 p.
5. Agievich D. I. Trends in the development of means of combating unmanned aerial vehicles in Russia and abroad based on the results of 2023. – Text: electronic [site]. – [Electronic resource]. – Access mode: https://nic-pnb.ru/ (date accessed: 10.11.2024).
PEDAGOGY AND LAW
VALIAKHMETOV Ruslan Rasulevich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
MALOFEY Alexander Olegovich
Ph.D. in technical sciences, associate professor, Head of Tactical and special training sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
KOZHIN Dmitriy Alexandrovich
senior lecturer of Fire training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
KOLBYSHEV Pavel Romanovich
lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
FEATURES OF THE FORMATION OF MUSCLE CONTROL WHEN MASTERING THE TECHNIQUE OF A WELL-AIMED PISTOL SHOT
This article examines the problems of producing a successful firearm shot, the factors influencing successful shooting, the need for muscle control to master the technique of accurate firearm shooting, and also examines the most common mistakes that a shooter encounters while performing firing exercises. It is worth noting that in order to master the technique of muscle control to produce an accurate shot, it is necessary to perform the exercise correctly, position the legs, form the correct grip, study the technique of breathing when shooting, smooth handling of the trigger and many other factors. The authors describe the need for constant training both in the classroom and separately. Attention is also paid to the ways and mechanisms that can help beginners and experienced shooters develop their shooting skills with maximum efficiency.
Keywords: shooting, preparation, grip, breathing, distribution of effort, waiting for a shot, technique, control.
Article bibliography
1. Khusnetdinov G. R., Karpov E. N. Fire training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia: a teaching aid. – Kazan: Kazan Law Institute of the Ministry of Internal Affairs of Russia, 2020. – 164 p.
2. Drobyshev V. I., Smetannikov A. P. Fundamentals of organizing fire training: a teaching aid. – Moscow, Vologda: Infra-Engineering, 2023. – 220 c.
PEDAGOGY AND LAW
DAMINOV Ainur Aidarovich
senior lecturer of Fire and tactical-special training sub-faculty, Ufa Law Institute of the MIA of Russia
SHOKHIN Vladimir Evgenjevich
senior lecturer of Physical training and sports sub-faculty, Krasnodar University of the MIA of Russia
PODKOVKA Svetlana Valerjevna
lecturer of the cycle of professional service and physical training, Ufa School for Training Dog Handlers of the MIA of Russia
IMPROVING FIRE TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA (PEDAGOGICAL ASPECT)
In this article, the authors examined the concept of fire training, which is carried out by employees of internal affairs agencies. The article examines various problems associated with fire training of employees, as well as the reasons why the described problems could arise. In addition, the authors propose promising ways to develop fire training for employees of internal affairs agencies, allowing to increase the efficiency of their official tasks.
Keywords: firearms training, internal affairs agencies, training program, ways of improvement, firearms.
Article bibliography
1. Kolesnikov A. S. Methodology of teaching fire training to law enforcement officers at the present stage – Text: direct // Young scientist. – 2019. – No. 15 (253). – P. 266-270. – [Electronic resource]. – Access mode: https://moluch.ru/archive/253/57954/ (date of access: 10.01.2024).
2. Domracheva E. Yu., Bogatyr D. K. Methodology of fire training of cadets (students) of educational institutions of the Ministry of Internal Affairs of Russia // Epoch of Science. – 2016. – No. 6. – [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/metodika-ognevoy-podgotovki-kursantov-slushateley-uchebnyh-zavedeniy-mvd-rossii (date of access: 01/25/2024).
3. Kalinnikov A. S. Fire training of police officers: scientific and practical manual. – Kaliningrad: Kaliningrad Law Institute of the Ministry of Internal Affairs of Russia, 2019. – 258 p.
PEDAGOGY AND LAW
ZABOLOTNYKH Alexander Alexandrovich
lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
IMANGAZHINOV Dosbolat Toktubaevich
lecturer of the cynology cycle, Ufa School for the Training of Dog Handlers of the MIA of Russia
ZHILIN Roman Andreevich
Ph.D. in technical sciences, associate professor of Tactical and special training sub-faculty, Voronezh Law Institute of the MIA of Russia
CURRENT ISSUES OF THE INTRODUCTION OF UNMANNED AIRCRAFT SYSTEMS IN EDUCATIONAL INSTITUTIONS THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Modern conditions of service for law enforcement officers imply a deep immersion in the development of advanced technologies. This article provides practical examples of the practical application of unmanned aircraft systems in the educational process. The need to introduce unmanned aircraft systems into the educational process, as well as into professional activities. Examples of their application are analyzed, as well as a rational approach is considered to learn. The authors of the article rightly point out that the main method of introducing unmanned aerial vehicles into the professional activity is to create educational places on the basis of educational organizations.
Keywords: Innovative approach, unmanned aerial vehicles, quadcopters, unmanned aerial system.
Article bibliography
1. Air Code of the Russian Federation: (collected laws of the Russian Federation, 1997, No. 12, art. 1383): as amended by the Federal Law of the Russian Federation of July 8, 1999 No. 150-FZ (SZ RF, 1999, No. 28, art. 3483). – 2nd ed., suppl. – Moscow: Os-89, 2004. – 62 p. – ISBN 5-86894-143-8. – EDN QWCDBF. Medvedev I. M. Organization of professional and applied physical training in educational organizations of the Ministry of Internal Affairs of Russia: dis. … cand. ped. sciences. Volgograd, 1999. 165 p.
2. Ivanova P. N. Air Code of the Russian Federation in the system of legal regulation of flight safety // Scientific notes of the Tambov branch of RosSMU. – 2024. – No. 33. – P. 37-42. – EDN SEANHM. Organization of professional service and physical training in the internal affairs bodies: a tutorial / [A. R. Kosikovsky et al.]. M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2020. 124 p.
3. Ulyanov D. V., Egorov A. A., Vasiliev D. S. Using a UAV flight simulator as a UAV operator simulator // 19th International Conference “Aviation and Cosmonautics”: Abstracts of the 19th International Conference, Moscow, November 23-27, 2020. – Moscow: Pero Publishing House, 2020. – P. 109. – EDN YJYROR.
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
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
THE IMPORTANCE OF PATRIOTIC EDUCATION FOR JUVENILE OFFENDERS IN CORRECTIONAL COLONIES
The article examines the importance of patriotic education for juvenile offenders in correctional colonies. It describes the psychological and social aspects that help form proper values and motivation in youth deprived of liberty. The focus is on methods and forms of implementing patriotic education, including educational programs, creative activities, and participation in patriotic events. The article emphasizes the importance of patriotism in overcoming antisocial tendencies and in the social adaptation of offenders after their release.
Keywords: penal enforcement system, patriotic education, Federal Penitentiary Service of Russia, minors, convicts, educational colony, psychological aspects, social adaptation, methods of education, rehabilitation.
Bibliographic list of articles
1. Kravchenko N. M. Psychology of deviant behavior: textbook. – 2nd ed., revised. and additional – Moscow: Moscow State University Publishing House, 2019. – 320 p.
2. Mikhailova I. V. Patriotic education of youth in Russia: problems and solutions. – St. Petersburg: RSPU, 2020. – 256 p.
3. Ivanov A. A. Social adaptation of juvenile convicts: textbook for universities. – 3rd ed. – Kazan: Kazan University Publishing House, 2021. – 180 p.
4. Saveliev V. P. The role of patriotism in the education of children and adolescents. – Moscow: Publishing house of NPO “Raduga”, 2020. – 198 p.
5. Fedorov A. F. Education as a means of correction of convicts in educational colonies // V International pedagogical readings dedicated to the memory of professor S. I. Zlobin: collection of materials, October 2-4, 2019 / Compiled by N. A. Sannikov. – Perm: Perm Institute of the Federal Penitentiary Service, 2019. – Pp. 247-251.
6. Zorina N. S., Tsarkova E. G. Education as a means of social adaptation of juvenile convicts // Eurasian Law Journal. – 2024. – No. 9 (196). – pp. 509-510.
EDAGOGY AND LAW
KIM Vadim Olegovich
Head of Physical training sub-faculty, Ufa Law Institute of the MIA of Russia
BONDAR Albert Yanovich
Associate Professor of Physical training sub-faculty, East Siberian Institute of the MIA of Russia, Irkutsk
BORISOVA Natalya Ivanovna
senior lecturer of Operational investigative activities of the internal affairs bodies of the Russian Federation, Omsk Academy of the MIA of Russia
PRIVALOV Valeriy Valerjevich
lecturer of Physical training and sports sub-faculty, Krasnodar University of the MIA of Russia
KETTLEBELL EXERCISES AS A MEANS OF IMPROVING THE STRENGTH TRAINING OF CADETS AND STUDENTS OF EDUCATIONAL INSTITUTIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Currently, physical education, like sports, is associated with many areas of life of police officers. The systems of development, education, upbringing, and training in physical strength training are aimed at working with weights and with one’s own weight. A special feature of conducting independent physical training classes is the systematic and periodization of performing strength exercises aimed at developing all physical qualities. One of the types of sports activities that is aimed at developing strength endurance and contributes to the formation of strength qualities is the performance of a set of physical exercises with kettlebells as part of the independent physical training of cadets and students of educational organizations of the Ministry of Internal Affairs of Russia.
Keywords: strength training, strength endurance, physical qualities, muscle strength, kettlebell lifting, training load, training volume, training intensity.
Article bibliography
1. Babin A. V., Mingulov I. R. Features of the formation of strength abilities in employees of the Ministry of Internal Affairs of the Russian Federation in the process of their physical training // Improving the physical training of law enforcement officers: a collection of scientific articles, Orel, June 23, 2022. – Orel: Orel Law Institute of the Ministry of Internal Affairs of the Russian Federation named after V. V. Lukyanov, 2022. – P. 30-33.
2. Babin A. V., YachmenevS. P., Lukyanov A. B. [et al.]. Actual problems of physical education and sports in Russia // Actual problems of physical culture, sports and tourism: materials of the XVII International scientific and practical conference, Ufa, May 25-26, 2023. – Ufa: Federal State Budgetary Educational Institution of Higher Education “Ufa University of Science and Technology”, 2023. – P. 66-70.
3. Gabdrashitova K. I., Yakushev E. V., Ivaschenko N. Yu. Fundamentals of physical training in educational organizations of the Ministry of Internal Affairs of Russia // Eurasian Law Journal. – 2023. – No. 7 (182). – P. 446-448.
4. Lukyanov A. B., Babin A. V. Study of special training of mass-ranked powerlifters in the bench press exercise // Theoretical and methodological aspects of training specialists for the field of physical culture, sports and tourism: collection of materials from the 1st International Scientific and Practical Conference, Volgograd, October 20-21, 2021. Volume 1. – Volgograd: Volgogradskaya, 2021. – P. 167-171.
EDAGOGY AND LAW
NIKITIN Alexander Igorevich
associate professor of Fire and tactical-special training sub-faculty, Ufa Law Institute of the MIA of Russia
ARKHIPOV Evgeniy Vladimirovich
senior lecturer, Barnaul Law Institute of the MIA of Russia
PESTEREV Nikolay Nikolaevich
senior lecturer, Barnaul Law Institute of the MIA of Russia
SERVICE-APPLIED SPORTS AS THE BASIS FOR THE PROFESSIONAL DEVELOPMENT OF AN EMPLOYEE OF THE DEPARTMENT OF INTERNAL AFFAIRS
The article highlights the importance of applied sports disciplines in the professional development of law enforcement officers. The article analyzes the system of professional training of law enforcement personnel, including the historical genesis of combat sambo as the basis for the formation of methods of combat techniques of wrestling. Special attention is paid to the specifics of the use of physical force by law enforcement officers in the context of the integration of various specially applied techniques and martial arts. Combat sambo is an optimal tool for using force in the system of professional training of law enforcement officers.
Keywords: combat sambo, employee, use of physical force, professional training.
Bibliographic list of articles
1. Resolution of the Government of the Russian Federation of August 20, 2009 No. 695 “On approval of the list of military-applied and service-applied sports and federal executive bodies responsible for managing the development of these sports.” [Electronic resource]. – Access mode: Access from the reference and legal system “Garant”.
2. Aldoshin AV, Barkalov SN, Gerasimov IV Special physical training of police officers to perform service and combat missions in local conflicts: monograph / Under the general editorship of AV Aldoshin. – Orel: Orel Law Institute of the Ministry of Internal Affairs of Russia named after VV Lukyanov. – 2023. – P. 14.
3. Gerasimov IV Methodology for training national teams of the Internal Affairs Directorate in service-applied sports // Science and Practice. – 2013. – P. 111.
4. Order of the Ministry of Internal Affairs of Russia dated February 2, 2024 No. 44 “On approval of the procedure for organizing the training of personnel to fill positions in the internal affairs bodies of the Russian Federation.” [Electronic resource]. – Access mode: Access from the reference and legal system “Garant”.
5. Federal Law of November 30, 2011 No. 342-FZ (as amended on February 26, 2024) “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation” (as amended and supplemented, entered into force on June 1, 2024). [Electronic resource]. – Access mode: Access from the reference and legal system “Consultant Plus”.
PEDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
AKHIYAROV Robert Ayratovich
associate professor of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KOSHEVETS Gennadiy Vladimirovich
Head of the Training Department, Ufa School for the Training of Dog Handlers of the MIA of Russia
OLEFIRENKO Alexander Gennadjevich
senior lecturer of Tactical and special training sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
THE USE OF ARTIFICIAL INTELLIGENCE TO ANALYZE AND IMPROVE THE SHOOTING TECHNIQUES OF LAW ENFORCEMENT OFFICERS
This paper explores the possibilities of using artificial intelligence (AI) to analyze and improve the shooting techniques of law enforcement officers. Thus, the paper considers machine learning and computer vision methods that allow an objective assessment of shooting parameters, suchas accuracy, reaction speed, and exercise stability. The paper will provide an example of domestic developments in this field, as well as foreign developments. The results of the study demonstrate the potential of AI in optimizing the training process and improving the effectiveness of fire training for law enforcement personnel.
Keywords: law enforcement agencies, training, fire training, artificial intelligence, shooting ranges.
Article bibliography
1. Abidov R. R. Legal basis for organizing fire training for police officers // Journal of Applied Research. 2021. No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pravovye-osnovy-organizatsii-ognevoy-podgotovki-sotrudnikov-politsii (date of access: 20.01.2025).
2. AI will teach shooting: details about the innovation of “Kalashnikov”. [Electronic resource]. – Access mode: https://hi-tech.mail.ru/news/119788-ii-obuchit-strelbe-podrobnosti-o-novacii-kalashnikova/ (date of access: 20.01.2025).
3. “Kalashnikov”: artificial intelligence “Novator” will teach accurate shooting. [Electronic resource]. – Access mode: https://kalashnikovgroup.ru/news/kalashnikov-_iskusstvennyy_intellekt_-novatora-_obuchit_metkoy_strelbe (date of access: 20.01.2025).
4. Thales Group. Tactical Engagement Analysis: AI-driven training solutions for law enforcement. [Electronic resource]. – Access mode: https://www.thalesgroup.com (date of access: 20.01.2025).
5. Umea University. Virtual Reality and AI in Police Training: A Case Study [Electronic resource]. – Access mode: https://www.umu.se (date accessed: 20.01.2025).
PEDAGOGY AND LAW
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
KOLOMIYCHENKO Elena Valerjevna
Ph.D. in psychological sciences, associate professor of Theoretical foundations of physical education sub-faculty, Academy of Physical Culture and Sports, Southern Federal University, Rostov-on-Don
FOMICHEV Ilya Alexeevich
senior lecturer of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
AN INTEGRATED APPROACH TO ASSESSING THE PHYSICAL FITNESS OF EMPLOYEES OF THE MINISTRY OF INTERNAL AFFAIRS: FROM TESTING TO PERSONALIZED PROGRAMS
The article examines the importance of professionally applied physical training (PPFP) in the system of physical training of employees of internal affairs bodies. It is noted that the specifics of the operational and official activities of employees of the Ministry of Internal Affairs determines the special importance of PPFP as the main means of forming professionally significant physical qualities and motor skills. The analysis of the current state of PPFP in educational institutions of the Ministry of Internal Affairs of Russia is carried out. The main problems that negatively affect the effectiveness of this area of physical training are identified: the inconsistency of the content of the PPFP with the relevant requirements for the professional activity of employees, insufficient differentiation of curriculum by job responsibilities, low level of motivation of students for classes. The main directions for improving the PPFP are proposed: optimization of the content and structure of the PPFP, taking into account modern requirements for employees of the Ministry of Internal Affairs; introduction of innovative forms and methods aimed at improving the effectiveness of classes; differentiation of PPFs by job groups; development of criteria and indicators for assessing professionally applied physical fitness. The implementation of the proposed measures, according to the authors, will increase the level of professionally applied physical fitness of employees of the internal affairs bodies, and will also contribute to the improvement of their professional competencies necessary for the successful performance of official duties.
Keywords: employees of the Ministry of Internal Affairs, professionally applied physical training, physical fitness, improvement of forms and methods.
Article bibliography
1. Achkasov E. E., Levitan A. P., Shpagin S. V. Modern technologies for assessing the physical fitness of employees of the Ministry of Internal Affairs of Russia // Theory and practice of physical education. – 2021. – No. 9. – P. 66-68.
2. Gorbunov A. V., Kolomenskaya E. A. Features of professionally applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilina. – 2021. – No. 3. – P. 75-78.
3. Zaitsev A.A., Manzhelei I.V., Maltsev A.V. Improving the professional and applied physical training of cadets of educationalorganizations of the Ministry of Internal Affairs of Russia // Theory and Practice of Physical Culture. – 2022. – No. 1. – P. 83-85.
4. Lubyshev E. A., Semenov A. A., Kryukova D. A. Analysis of the state and directions of improvement of professional and applied physical training of cadets of educational organizations of the Ministry of Internal Affairs of Russia // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 6. – P. 167-171.
PEDAGOGY AND LAW
PEKAREVA Viktoriya Vladimirovna
student, Institute of Training of State and Municipal Employees, Academy of Law and Management of the FPS of Russia
TUARMENSKIY Vladimir Viktorovich
Ph.D. in pedagogical sciences, associate professor of Philosophy and history sub-faculty, Academy of Law and Management of the FPS of Russia
ON THE PROBLEM OF INFORMATION INFRASTRUCTURE EDUCATION IN THE PENAL SYSTEM
The article reveals the prospects for the introduction of innovative infrastructure in penal relations, as well as the specifics of digital transformation in this sphere. Special attention is paid to the need to improve personnel, thus realizing the provisions of the Development Concept for the period up to 2030. The staff of the penal and correctional system should have critical thinking skills, be trained to understand the main technical categories of the information environment, be able to work with them and recognize potential difficulties with technical devices.
Keywords: digitalization, information, penal system, departmental organizations, personnel policy, modernization.
Article bibliography
1. Ananyeva E. O., Ananyev O. G. Application of digital technologies in correctional institutions as a factor in changing the civil status of convicts // Agrarian and land law. – 2024. – No. 1 (229). – P. 144-146.
2. Vorobyov S. M., Ivliev P. V. Crowdsourcing as an innovative mechanism for increasing production activities // Agrarian and land law. – 2023. – No. 4 (220). – P. 155-157.
3. Grushin F. V. Information technologies in the activities of the penal system // News of higher educational institutions. – 2024. – No. 1 (69). – P. 68-78.
4. Kurbatova G. V., Frolovskaya Yu. I., Bondarenko I. V. Involvement of convicts sentenced to imprisonment in work as one of the factors in preventing recidivism in penal institutions // Bulletin of the public research laboratory “Interaction of the penal system with civil society institutions: historical, legal and theoretical and methodological aspects”. – 2021. – No. 22. – P. 97-103.
5. Pekareva V. V. Digital transformations in the penal system: meaning and status // Bulletin of the public research laboratory “Interaction of the penal system with civil society institutions: historical, legal and theoretical and methodological aspects”. – 2024. – No. 33. – P. 90-97.
6. Polischuk N. I. Constitutional and legal restrictions on the electoral rights of citizens serving sentences of imprisonment // Criminal executive law. – 2024. – Vol. 19, No. 2. – P. 229-236.
7. Polischuk N. I. The role of human resources of employees of the penal system in the law-enforcement activities of the state // V International Penitentiary Forum “Crime, Punishment, Correction” (dedicated to the Year of Science and Technology in the Russian Federation in 2021): Collection of additional materials, November 17-19, 2021. – Ryazan: Academy of Law and Management of the Federal Penitentiary Service, 2021. – P. 174-178.
8. Sysoeva A. S. Prospects for the introduction of modern technologies in the penitentiary system: foreign and domestic experience // Bulletin of the Volga University named after V.N. Tatishchev. – 2023. – Vol. 2, No. 4 (106). – P. 127-136.
9. Tuarmensky A. V., Shuktomov K. B. Information chat bot in the digital educational environment // Information technologies in the modern world – 2022: collection of materials and reports of the XVIII All-Russian (with international participation) student conference, May 16, 2022. – Ekaterinburg: Autonomous non-profit organization of higher education “Humanitarian University”, 2022. – P. 126-129.
10. Tsarkova E. G. Aspects of the application of artificial intelligence methods for constructing a predictive model of the success of training cadets of educational organizations of the penal system of the Russian Federation // Law and Management. – 2024. – No. 1. – P. 393-396.
EDAGOGY AND LAW
KHUDOYKINA Tatyana Viktorovna
Ph.D. in Law, professor, Head of Legal technologies and jurisprudence sub-faculty, N. P. Ogarev National Research Mordovia State University, Saransk
KOROLEVA Viktoriya Viktorovna
educational psychologist, Municipal budgetary general educational institution “Russko-Paevskaya secondary comprehensive school»
FORMATION OF LEGAL CULTURE OF STUDENTS
This article examines the process of forming the legal culture of young students as a multifaceted phenomenon associated with the integration of young people into the social and legal environment. The main role in this process is given to educational organizations, their activities are aimed at the formation and development of personality. Attention is focused on the fact that cooperation between public organizations and government agencies is aimed at the effective development of a high level of legal culture among young students.
Keywords: legal culture, students, legal education, legal consciousness, educational organizations.
Bibliographic list of articles
1. On the organization of classes “Conversations about the important” [Text]: letter of the Ministry of Education of the Russian Federation dated June 17, 2022 No. 03-871 // Education Administrator. – 2022. – No. 17. – P. 50-52.
2. Kibizova E.K. The problem of forming the legal culture of youth in Russia // Innovative science. – 2017. – No. 4. – P. 83-88.
3. Ustyan E.A. Problems of legal culture in modern Russian society // Theory of state and law. – 2024. – No. 3-1 (19-1). – P. 138-151.
4. Khudoykina T.V. Formation of the legal culture of schoolchildren // Social and political sciences. – 2016. – No. 4. – P. 248-251.
EDAGOGY AND LAW
SHANKO Viktor Viktorovich
Ph.D. in pedagogical sciences, associate professor, Deputy Head of Special disciplines sub-faculty, Crimean branch, Krasnodar University of the MIA of Russia, lieutenant colonel of police
LAPSHIN Igor Efimovich
Ph.D. in pedagogical sciences, associate professor, associate professor of Theoretical foundations of physical education sub-faculty, Academy of Physical Culture and Sports, Southern Federal University, Rostov-on-Don
FEATURES OF THE APPLICATION OF ACTIVE TEACHING METHODS IN THE PROCESS OF PROFESSIONAL TRAINING OF STUDENTS OF EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
This article is devoted to the analysis of the effectiveness of active and interactive teaching methods in the training of police officers in the context of the transformation of the education system. The authors substantiate the need for a transition from traditional methods to the active involvement of students in the educational process. The article examines the definitions of active learning methods presented by various authors and provides examples of their applications (business games, field trips, problem seminars). The authors note that active teaching methods are effective tools that contribute to the in-depth assimilation of knowledge and the formation of critical thinking among students, however, in some cases their application can cause a number of significant difficulties. The article is relevant for teachers and methodologists working in the system of the Ministry of Internal Affairs of Russia, and can serve as a starting point for further research in this field.
Keywords: active learning, interactive learning methods, active learning methods, educational technologies, vocational training.
Article bibliography
1. Grudzinskaya E. Yu., Mariko V. V. Active teaching methods in higher education. Educational and methodological materials for the advanced training program “Modern pedagogical and information technologies”. – N. Novgorod, 2007.
2. Tarchokov B. A., Tarchokova M. A. Application of active and interactive teaching methods in the process of professional training of students of educational organizations of the Ministry of Internal Affairs of Russia // Journal of Applied Research. – 2021. – No. 5. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/primenenie-aktivnyh-i-interaktivnyh-metodov-obucheniya-v-protsesse-professionalnoy-podgotovki-slushateley-obrazovatelnyh (date of access: 03.02.2025).
3. Toshboeva N. B. Features of active teaching methods // Economy and Society. – 2021. – No. 5-2 (84). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/osobennosti-aktivnyh-metodov-obucheniya-1 (date of access: 03.02.2025).
4. Yakubova Ya. R. Active forms of learning – a factor in the intensification of the educational process. – M: Higher education today, 2007.
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 Penitentiary Sservice” of Russia
IMPROVING THE EDUCATIONAL LEVEL OF JUVENILE CONVICTS AS ONE OF THE CONDITIONS FOR SUCCESSFUL ADAPTATION
In the presented article, the education of juvenile convicts is considered as a condition contributing to their socialization. It is indicated that the motives for obtaining education and training of convicts have an impact on the adaptation processes of minors. Prison libraries play an important role in the education of juvenile convicts. Special attention is paid to methods and approaches to teaching adolescents in conditions of deprivation of liberty, including the individualization of educational programs, the development of motivation to study and the integration of social skills into the educational process.
Keywords: juvenile convicts, adaptation, re-socialization, penitentiary institution, educational colony, penal enforcement system, Federal Penitentiary Service of Russia.
Article bibliography
1. Melnikov V. Yu., Dzhamalova B. B., Abdullaev K. F. Actual problems of criminal law, procedure and forensics / Rostov Institute (branch) of VSUJ (RPA of the Ministry of Justice of Russia). – Rostov-on-Don: Limited Liability Company “Science and Education Fund”, 2019. – 336 p.
2. Osipova I. I. Resocialization of minors with deviant and delinquent behavior // Regionology. – 2006. – No. 2 (55). – P. 179-189.
3. Talanov S. L. Education of convicts in correctional colonies as a resource for personal and professional development // Current issues of continuous professional education: Collection of materials, Yaroslavl, March 1–2, 2018 / Under the scientific editorship of M. V. Novikov. – Yaroslavl: Yaroslavl State Pedagogical University named after K. D. Ushinsky, 2018. – P. 178-181.
4. Timoshenko M. A. Problems of realization of the right to education by minors serving sentences in educational colonies of the Federal Penitentiary Service of the Russian Federation // Technologies of formation of legal culture in the modern educational space: materials of the All-Russian scientific and practical conference with international participation, Volgograd, November 2-3, 2015. – Volgograd: Volgograd State Agrarian University, 2016. – P. 76-84.
5. Fedorov A. F. Education as a means of correction of convicts in educational colonies // V International Pedagogical Readings dedicated to the memory of Professor S. I. Zlobin: Collection of materials, Perm, October 2-4, 2019 / Compiled by N. A. Sannikov. – Perm: Perm Institute of the Federal Penitentiary Service, 2019. – P. 247-251.
6. Zorina N. S., Tsarkova E. G. Education as a means of social adaptation of juvenile convicts // Eurasian Law Journal. – 2024. – No. 9 (196). – P. 509-510. – EDN EAODYU.
EDAGOGY AND LAW
NIKOLAEV Nikolay Yurjevich
senior lecturer of Fire Training sub-faculty, Ural Law Institute of the MIA of Russia, Yekaterinburg
DAVLETOV Vadim Ildarovich
senior lecturer of Fire and tactical special training sub-faculty, Ufa Law Institute of the MIA of Russia
KUZMIN Sergey Sergeevich
senior lecturer of Fire training sub-faculty, Siberian Law Institute of the MIA of Russia, Krasnoyarsk
MELIKSETYAN Nelson Genrikovich
lecturer of Tactical and special training sub-faculty, Stavropol branch, Krasnodar University of the MIA of Russia
INNOVATIVE METHODS OF FIRE TRAINING OF CADETS: FROM THEORY TO PRACTICE
The article describes an innovative method of training cadets in the framework of fire training classes, focusing on the introduction of modern technologies such as virtual simulators and augmented reality systems. Special attention is paid to the modernization of traditional curriculum, justifying the need to switch to more flexible and effective high-tech methods of training and provision, in-depth development of educational materials.
Keywords: virtual reality, augmented reality, shooting simulator, fire training of cadets, shooting technique.
Bibliographic list of articles
1. Gadil’shin I. M. Virtual reality in the training of military personnel // Collection of articles of the International scientific and practical conference “Modern technologies: problems of innovative development”. Petrozavodsk: MCNP “Science”, 2019. Pp. 232-235.
2. Ivanova A. V. Virtual and augmented reality technologies: possibilities and obstacles to application // SRRM. 2018. No. 3 (108). Pp. 88-107.
3. Smirnova Yu. V., Karbovsky A. G., Karbovskaya V. V. Optimization of physical and fire training of special forces personnel based on an integrative approach // Fitness: theory and practice. 2022. No. 13. P. 7.
4. Spitsyn P. A., Bavula A. A New level of training promising forms of training for studentssants using virtual reality tools // VVO. 2021. No. 4 (31). P. 99-104.
5. Toropov V. A. Innovative approach to teaching fire training // Scientific and methodological problems of training instructors and pedagogical personnel in combat and physical training for internal affairs agencies: collection of materials of the VI interuniversity scientific and practical conference. Stavropol. 2013. P. 36-41.
6. Yadrovskaya M. V. Modeling tools in computer training technologies // OTO. 2015. No. 2. P. 618-637.
7. SKATT shooting simulators. [Electronic resource]. – Access mode: https://www.scatt.ru/training-systems / (date of access: 14.06.2024).
8. ARENA-3D simulator. [Electronic resource]. – Access mode: https://neramsc.ru/catalog(date of access: 14.06.2024).
9. Augmented reality system “Integrator”. [Electronic resource]. – Access mode: https://avtechno.ru (date of access: 15.06.2024).
PEDAGOGY AND LAW
PANOVA Olga Sergeevna
Ph.D. in pedagogical sciences, professor of Physical training sub-faculty, Volgograd Academy of the MIA of Russia
MALYAVINA Anna Borisovna
Ph.D. in political sciences, researcher at the Scientific Research and Editorial Publishing Department, Rostov Law Institute of the MIA of Russia
BITYUTSKIKH Ivan Vladimirovich
Ph.D. in pedagogical sciences, associate professor of Physical training sub-faculty, Voronezh Institute of the MIA of Russia
PHYSICAL TRAINING AS A BASIS FOR OVERCOMING STRESSFUL SITUATIONS IN THE OFFICIAL ACTIVITIES OF THE MINISTRY OF INTERNAL AFFAIRS
The article examines the role of physical fitness as an important factor in overcoming stressful situations in the professional activities of employees of the Ministry of Internal Affairs of the Russian Federation. The main aspects of physical training are considered, including the impact of regular physical activity on the psycho-emotional state of employees, their self-confidence and their ability to cope with high demands of professional activity. It also highlights the main stressful situations faced by Interior Ministry employees, and describes how physical activity can serve as an effective tool to overcome them. Special attention is paid to the development of specialized physical training programs adapted to the specifics of the work of the Ministry of Internal Affairs, as well as the need for psychological training and support for employees. The article highlights the importance of integrating physical activity into the daily lives of Interior Ministry employees to improve their overall readiness and professional effectiveness.
Keywords: physical training, stressful situations, psychoemotional state, stress tolerance, physical training programs, law enforcement officers.
Article bibliography
1. Ivanov A. V. The role of physical training in the formation of professional competencies of police officers // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. – 2021. – No. 2. – P. 123-128.
2. Sidorov S. A. The influence of physical training on the effectiveness of the official activities of police officers // Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. – 2022. – No. 1. – P. 42-49.
3. Kuznetsov M. M. Features of the organization of physical training in the system of professional training of internal affairs officers // Proceedings of the Academy of Management of the Ministry of Internal Affairs of Russia. – 2021. – No. 4. – P. 67-73.
4. Smirnov I. V. An integrated approach to the physical training of internal affairs officers // Scientific Notes of P.F. Lesgaft University. – 2022. – No. 3. – P. 281-286.
PSYCHOLOGY AND LAW
TAYSAEVA Svetlana Borisovna
Ph.D. in psychological sciences, associate professor of Political analysis and socio-psychological processes sub-faculty, G. V. Plekhanov Russian University of Economics
CHIRKUNOVA Olga Igorevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
KRAVCHENKO Veronika Alexeevna
bachelor in Management Psychology, G. V. Plekhanov Russian University of Economics
THE RELATIONSHIP BETWEEN PERSONAL CHARACTERISTICS AND THE ABILITY TO SELF-GOVERNMENT AMONG PARTICIPANTS IN A SPECIAL MILITARY OPERATION
The article is dedicated to the topic of the relationship between personality traits and the ability to self-manage in people with experience of participating in their own. The relevance of the study is due to the need to study the specific psychological characteristics of participants in a special military operation (SMO), determined by stress conditions, feelings of insecurity and fear. This is necessary to develop effective rehabilitation and support programs that take into account the unique features of this conflict.
Keywords: personal characteristics, the ability to self-manage, participants in the special military operation.
Article bibliography
1. Astanina N. B. Development of ideas about trust as a psychological phenomenon in foreign science // Bulletin of Kostroma State University. – 2010. – Issue. 16 (1). – P. 139-143.
2. Bulanova I. S., Smolyansky P. V., Chernov A. Yu. Identity and semantic system of a soldier: an experience of narrative analysis of military-historical memoirs // World of science. Pedagogy and psychology. – 2019. – No. 4.
3. Zelyanina A. N. Dynamics of personality characteristics in veterans with varying severity of military trauma // Psychological studies. – 2012. – No. 1 (21). – P. 3. [Electronic resource]. – Access mode: http://psystudy.ru (date of access: 12/21/2024)
4. Peysakhov N. M. Patterns of the dynamics of mental phenomena. – Kazan: Publishing house of Kazan. University, 1984. – 235 p.
5. Razdobreva M. E. Comparative analysis of approaches to understanding self-regulation (based on the concepts of V. I. Morosanova and N. M. Peysakhov) // Amur Scientific Bulletin. – 2022. – No. 2. – P. 40-44.
STATE AND LAW
KOROBAEV Dmitriy Vladimirovich
associate professor of Customs law and organization of customs affairs sub-faculty, Russian University of Transport (MIIT), postgraduate student, P. A. Stolypin International Institute of Informatization and Public Administration
TRACECA PROJECT: IN SPITE OF OR FOR THE BENEFIT OF RUSSIA
The article provides an analysis of the prerequisites for the creation of a Euro-Asian transport corridor. The goals of creating the TRACECA project are considered, the circle of initiators of this project is determined. The main emphasis is on the role of Russia in this project through the prism of events in the historical aspect – from the main competitor of the intellectual inspirers of this project to one of the main users of infrastructure in modern geopolitical conditions. Also, the material mentions the result of analytical work of the Russian diplomatic department regarding the prospects of the TRACECA project of the early 90s of the twentieth century. The position of the countries – former republics of the Soviet Union on the issue of participation in this transport project is outlined. In conclusion, the author draws a conclusion about the relevance of the TRACECA project in today’s conditions of foreign trade activities.
Keywords: international transport corridor, transit, sanctions, railway transportation, geopolitics.
Bibliographic list of articles
1. Resolution of the Government of the Russian Federation of 29.03.2022 No. 506 (as amended on 28.06.2023) “On goods (groups of goods) in respect of which certain provisions of the Civil Code of the Russian Federation on the protection of exclusive rights to the results of intellectual activity expressed in such goods and means of individualization with which such goods are marked may not be applied” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_413173/?ysclid=lybnau51qc392702427
2. Strategy for the development of railway transport in the Russian Federation until 2030 (approved by Order of the Government of the Russian Federation of June 17, 2008 No. 877-r). [Electronic resource]. – Access mode: https://mintrans.gov.ru/documents/1/1010?ysclid=lybnozdml2591491431
3. Order of the Government of the Russian Federation of 05.03.2022 No. 430-r (as amended on 29.10.2022) “On approval of the list of foreign states and territories committing unfriendly actions against the Russian Federation, Russian legal entities and individuals.” [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_411064/e8730c96430f0f246299a0cb7e5b27193f98fdaa/?ysclid=lybh0s2sn3137166312
4. Prospects of the interregional program of the European Commission TRACECA and its importance in integration processes. [Electronic resource]. – Access mode: https://traceca-org.org/fileadmin/fm-dam/TAREP/29xh/ps_lib/29_31_AN5_ENG_RUS_27.pdf.
5. Reference information of the Ministry of Foreign Affairs of the Russian Federation dated 28.01.2000 “Eurasian transport corridor (TRACECA project). – [Electronic resource]. – Access mode: https://www.mid.ru/ru/foreign_policy/economic_diplomacy/1745635/
6. Electronic bulletin EastRussia (“East of Russia”), “Transsib: through space and time” from 02.05.2011 [Electronic resource]. – Access mode: https://www.eastrussia.ru/material/transsib_cherez_prostranstvo_i_vremya/?ysclid=lybnk3ttdj281223304.
7. Expert report on the topic “Transit via Transsib” / Research Center for Integration Problems of the Member States of the Eurasian Economic Union “Union Narrative 2050”. [Electronic resource]. – Access mode: https://www.sonar2050.org/storage/files/%D0%94%D0%BE%D0%BA%D0%BB%D0%B0%D0%B4%D1%8B/%D0%A1%D0%9E%D0%9D%D0%90%D0%A0/%D0%A2%D1%80%D0%B 0%D0%BD%D0%B7%D0%B8%D1%82%20%D0%BF%D0%BE%20%D0%A2%D1%80%D0%B0%D0 %BD%D1%81%D1%81%D0%B8%D0%B1%D1%83.pdf?ysclid=lwt247tiec74850085.
8. Internet site of the Ministry of Transport of the Russian Federation. [Electronic resource]. – Access mode: https://mintrans.gov.ru/.
9. Internet resource of the World Bank “World Integrated Trade Solution”. [Electronic resource]. – Access mode: https://wits.worldbank.org/.
10. MIA “Russia Today”. [Electronic resource]. – Access mode: https://ria.ru/.
11. Publishing house “Kommersant”. [Electronic resource]. – Access mode: https://www.kommersant.ru/.
STATE AND LAW
LAZOVSKAYA Anastasiya Nikolaevna
magister student of the master’s program “International Cooperation in the Field of Environment and Development”, St. Petersburg State University
ERMOLINA Marina Anatoljevna
Ph.D. in Law, associate professor of World politics sub-faculty, St. Petersburg State University
APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN SUSTAINABLE CITY DEVELOPMENT
The article examines the role of artificial intelligence technologies in implementing the concept of sustainable urban development. The national experience of Russia and China is given as an example of a successful policy for introducing innovative technologies into the urban environment. The provisions of the “National Strategy for the Development of Artificial Intelligence for the Period up to 2030” are analyzed. A conclusion is made about the effectiveness of introducing digital technologies in achieving the goal of sustainable urban development using Moscow as an example.
Keywords: artificial intelligence, smart cities, sustainable cities, urbanization, sustainable development goals.
Article bibliography
1. Tikhalyova E. Yu. Smart cities: legal regulation and development potential // Journal ofDigital Technologies and Law. – 2023. – No. 1 (3). – P. 803-824.
2. Papenov K. V., Nikinorov S. M., Sitkina K. S. Sustainable development of cities. – Moscow: Faculty of Economics, Lomonosov Moscow State University, 2019.
3. Ilyina I., Kono M. Transformation of approaches to the development of a “smart city”. – Moscow: Publ. House of the Higher School of Economics, 2023.
4. Teteryatnikov K. S., Kamolov S. G., Kaunov E. N. “Smart” cities as a driver of socio-economic development: the experience of Russia and China // International Economics. – 2019. – No. 9. – P. 43-62.
5. Strukova P. E. Artificial Intelligence in China: Current State of the Industry and Development Trends // Bulletin of St. Petersburg University. Oriental and African Studies. – 2020. – Vol. 12, No. 4. – P. 588-606.
6. Yao Y. Application of Artificial Intelligence in Smart Cities: Current Status, Challenges and Future Trends // International Journal of Computer Science and Information Technology. – 2024. – V. 2, No. 2. – P. 324-333.
7. Sukhoruchkina I. N., Sukhoruchkina A. A. Artificial Intelligence: Smart Cities Projects and Modernization of Russia // Russia: Development Trends and Prospects. – 2023. – No. 18-1. – P. 394-399.
STATE AND LAW
MATVEEV Konstantin Sergeevich
postgraduate student of Public law and digital law sub-faculty, Moscow University of Finance and Industry «Synergy»
ELECTRONIC HEALTHCARE IN RUSSIA: LEGAL FRAMEWORK AND DEVELOPMENT PROSPECTS
The author of this paper analyzes the formation and prospects of e-health development in Russia. The study covers the key stages of the formation of the legal framework, from the first legislative initiatives to modern regulations governing the introduction of digital technologies into medical practice. The paper examines in detail the main government projects aimed at digitalization of healthcare, such as the Unified State Information System in the Field of Healthcare (USISZ), the portal of Public Services, telemedicine and other initiatives, assessing their effectiveness and identifying problem points.
Keywords: e-health, EGISZ, telemedicine, digitalization of healthcare, medicine.
Article bibliography
1. Gusev A. V., Vladimirsky A. V., Golubev N. A., Zarubina T. V. Informatization of healthcare in the Russian Federation: history and results of development // National Healthcare. – 2021. – No. 2 (3). – P. 5-17.
2. Zarubina T. V. Unified state information system of health care: yesterday, today, tomorrow // Siberian Bulletin of Medical Informatics and Healthcare Informatization. – 2016. – No. 1. – P. 6-11.
3. Lebedev G. S., Shaderkin I. A., Fomina I. V. et al. Evolution of Internet technoin the healthcare system // Journal of Telemedicine and Electronic Health. – 2017. – No. 2 (4). – P. 63-78.
4. Shaderkin I. A. Telemedicine maturity levels // Russian Journal of Telemedicine and Electronic Health. – 2021. – Vol. 7, No. 4. – P. 63-68.
STATE AND LAW
POLUNIN Sergey Viktorovich
Ph.D. in Law, associate professor, Head of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation, colonel of justice
GERMAN Elena Sergeevna
Ph.D. in Law, associate professor, professor of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation
STABROVSKAYA Ekaterina Anatoljevna
Ph.D. in Law, associate professor of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation
ARBUZOV Andrey Ivanovich
lecturer of Constitutional and administrative law sub-faculty, General of the Army I. K. Yakovlev Novosibirsk Military Order of Zhukov Institute of the National Guard of the Russian Federation, lieutenant colonel of justice
ON THE HISTORICAL ASPECTS OF THE FORMATION OF THE CONCEPT “RUSSIAN WORLD”
The article discusses the historical aspects of the formation of the concept of the “Russian World,” its legal framework, and analyzes the content of the “Russian World” as a special spiritual and cultural phenomenon of Russia. The article examines the key stages in the development of the Russian world, from medieval Rus’ to its modern forms. It examines in detail the influence of religious, cultural and political factors on the formation of the essence of the Russian world. Particular attention is paid to study the evolution of the term “Russian world” in various historical periods, including an analysis of its content in the Russian Empire, the Soviet Union, post-Soviet and modern Russia. A comparative analysis of the views of modern public figures on the essence and boundaries of the Russian world is carried out, and their approaches to understanding the role of the Russian language, culture and traditions in the formation of national identity are revealed. In addition, the article touches upon issues of legal regulation and state policy regarding the promotion of the idea of the “Russian world” within the country and abroad. The role of state institutions and public organizations in maintaining and developing this cultural phenomenon is considered.
Keywords: Russian world, the Russian idea, the spiritual and cultural phenomenon of Russia, traditional spiritual and moral values.
Bibliographic list of articles
1. Report of His Holiness Patriarch Kirill at the plenary session of the XXVI World Russian People’s Council in 2023 [Electronic resource]. – Access mode: htpp.www.kremlin.ru.
2. Korytko O. Russian world as a historiosophical concept and its connection with Russian religiosity // Theological Bulletin. – 2024. – No. 2 (53). – P. 313-323.
3. Kot Yu. V. Fundamentals of historical, cultural and spiritual features of the Russian world in the context of the concept of foreign policy of the Russian Federation // Bulletin of the Moscow State University of Culture and Arts. – 2023. – No. 6 (116). – P. 12-13.
4. Tishchenko A. S. The theme of the “Russian world” in Russian literature of the 11th-17th centuries: genesis and structure: dis. … Cand. Philological Sciences. – Rostov-on-Don. – 2024. – 23 p.
STATE AND LAW
SIMONENKO Alexey Yurjevich
partner of the Moscow bar association “Arbat”
PUBLIC LAW NATURE OF ORGANIZATIONS WITH STATE PARTICIPATION
The author analyzes the position of organizations with state participation in the unified system of state power of the Russian Federation using various approaches to determining the legal status of these organizations. The main aim of this study is to identify key aspects of the interaction of legal entities with state participation and governmental structures, to find out their impact on the economy and society in general, and to give recommendations for improving this system, due to the wide impact of the above-mentioned entities on the governmental functioning. Theoretical aspects of state participation in the economic activities of different companies and corporations, forms of state participation, as well as the legal regulation of such organizations are considered in the study. This article assesses the effectiveness of legal support for organizations with state participation and their contribution to the development of the country. The author concludes that there are four main forms of organizations with state participation in the Russian Federation. The legal system has current problems of managing these organizations. In particular, the use of governmental money allocated to such organizations is regulated insufficiently.
Keywords: organizations with state participation, state-established company, state-established corporation, state participation in joint-stock companies.
Article bibliography
1. Denisov P. A. Relationships between government bodies and state corporations // Actual problems of Russian law. – 2010. – No. 1. – P. 127-137.
2. Kurmanov A. R. Institutional alternatives in corporate governance of companies with state participation // Internet journal “Science Studies”. – 2013. – No. 6. – P. 1-13;
3. Platunova T. L., Mezhentsev V. A. State Corporation “Rostec”: legal and practical aspects of activities // Russian-Asian Legal Journal. – 2023. – No. 1. – P. 18-24.
4. Smorchkova L. N. State interest in the management of state corporations and administrative and legal forms of its implementation // Law and Practice. – 2023. – No. 3. – P. 19-23.
STATE AND LAW
ZUBENKO Sergey Igorevich
postgraduate student of Administrative law and process sub-faculty, O. E. Kutafin Moscow State Law University (MSAL)
STATES AND CIVIL SOCIETY: A TRIAD OF NEW CHALLENGES
The article explores the modern challenges faced by the state and civil society in a rapidly changing world. Within the framework of the stated topic, the author analyzes three key factors: the international situation, the digitalization of public administration and changes in Russian legislation. The influence of international organizations such as BRICS on the formation of new mechanisms of interaction between the state and civil institutions is considered. The article draws attention to the legal and social consequences of these factors, as well as suggests ways to effectively regulate them. Special attention is paid to the protection of citizens’ rights, ensuring transparency and accountability of government, as well as the development of digital mechanisms for interaction between the state and civil society.
Keywords: executive power, state, civil society, digitalization, international cooperation, legislation, BRICS.
Article bibliography
1. Petrone F. BRICS and civil society: challenges and future prospects in a multipolar world // Bulletin of international organizations: education, science, new economy. – 2021. – No. 4.
2. Zrazhevskaya T. D. Transformation of civil society institutions in the public authority system // Laws of Russia: experience, analysis, practice. – 2024. – № 4.
3. Eremchenko E. N. The idea of OGAS in the 21st century: prospects and new opportunities // Informatics, control systems, mathematical and computer modeling (IUSMKM-2024): XV International Scientific and Technical Conference within the framework of the X International Scientific Forum of the Donetsk People’s Republic – 2024.
4. Ulyanov A. Yu. The effectiveness of democracy as a necessary condition for the functioning of a unified system of public authority // Constitutional and municipal law. – 2023. – № 12.
5. Sokolov A. V., Isaeva E. A. Transformation of the interaction between government and society under the influence of digitalization: an example of the Yaroslavl region // Bulletin of RUDN. Series: Political Science. – 2022. – No. 4.
6. Tikhomirov Yu. A. Law and virtual space. – M.: Prospect, 2025.
LANGUAGE AND LAW
KARAKULKO Mariya Iljinichna
Head of the Department of Control and Supervisory Activities of the Main Directorate for Migration of the MIA of Russia; adjunct of Constitutional and municipal law sub-faculty, V. Ya. Kikot Moscow University of the MIA of Russia
THE CONCEPT OF “EVERYONE’S RIGHT TO RETURN TO THEIR COUNTRY”: LINGUISTIC AND SEMANTIC INTERPRETATION
The article explores the concept of “everyone’s right to return to their country” using a key method of linguistic and cognitive analysis. It is shown that the meanings of the basic elements of this concept in Russian and English are almost identical. This makes the construction of its normative consolidation in the Universal Declaration of Human Rights universal for understanding by speakers of various cultural codes. The article also outlines the prospects for further study of the representation of the concept of “everyone’s right to return to their country” in various linguistic and cultural contexts.
Keywords: concept, conceptosphere, the right to return, one’s own country, Universal Declaration of Human Rights.
Bibliographic list of articles
1. Askoldov-Alekseev S. A. Concept and word // S. A. Askoldov-Alekseev // Russian speech. New series. Vol. II. L., 1928. – P. 28-44.
2. Balmagambetova Zh. T., Nurgalieva A. A. The concept of a concept in linguocognitology and linguoculturology // Current problems of philology: materials of the II International Scientific Conference, Krasnodar, February 20-23, 2016. – Krasnodar: Novation, 2016. – pp. 83-87. – EDN WCUMXZ.
3. Large explanatory dictionary of Russian verbs: Ideographic description. Synonyms. Antonyms. English equivalents / Ed. by prof. L. G. Babenko. – M.: AST-PRESS KNIGA. – 576 p. – (Fundamental dictionaries).
4. Glotova A. A. Ideas of linguacultural studies in the works of D. S. Likhachev // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2019. – No. 3. – P. 175-181. – EDN NDVMSF.
5. Dahl, V. I. Explanatory dictionary of the living Great Russian language: In 4 volumes. V. 1: A-Z. – M.: TERRA, 1994. – 800 p.
6. Likhachev D. S. Conceptual sphere of the Russian language // Russian literature: Anthology / Ed. by V. P. Neroznak. – M.: Academia, 1997. – 280-287 p.
7. Makaev Kh. F., Makaeva G. Z., Ibatulina L. M. Transformations in the translation of legal texts from English into Russian // Eurasian Law Journal. – 2023. – No. 11 (186). – P. 485-486. – DOI 10.46320/2073-4506-2023-11-186-485-486. – EDN ZQNJVH.
8. Moiseenko L. V. Conceptology and translation: search for correspondences // Translator’s Notebooks: Scientific and theoretical collection / Ed. I. M. Matyushin. Volume Issue 28. – M.: Moscow State Linguistic University, 2016. – P. 97-103. – EDN XVORJR.
9. Morkovkin V. V., Bogacheva G. F., Lutskaya N. M. Large Universal Dictionary of the Russian Language / State. In-t rus. lang. named after A.S. Pushkin; Ed. V. V. Morkovkin. – M.: AST-PRESS KNIGA; Dictionaries of the XXI century, 2016. – 1456 p. – (Fundamental dictionaries).
10. Ogdonova Ts. Ts. Lingvocognitive aspect of interpretation of scientific concept // Bulletin of Chelyabinsk State University. – 2010. – No. 34 (215). – P. 81-85. – EDN NUBYXX.
11. Ozhegov S. I. Explanatory Dictionary of the Russian Language: Approx. 65,000 Words and Phraseological Expressions / Ed. by prof. L. I. Skvortsov – 26th ed., revised and enlarged. – M .: OOO Onyx Publishing House, OOO Mir i Obrazovanie Publishing House, 2008. – 736 p.
12. Popova Z. D., Sternin I. A. Essays on Cognitive Linguistics. – Voronezh, 2001. – 190 p.
13. Popravkina D. S. Scientific Understanding of the Concept in Modern Linguistics // Linguistics and Medicine in the Context of Pedagogical Education: Proceedings of the I International Scientific and Practical Conference, Krasnoyarsk, March 29, 2023. – Krasnoyarsk: Krasnoyarsk State Pedagogical University named after V. P. Astafiev, 2023. – P. 17-23. – EDN ZLSDYJ.
14. Prikhodko O. E. Conceptual analysis in the study of the features of the conceptual sphere of English-language legal discourse // Eurasian Law Journal. – 2018. – No. 8 (123). – P. 361-362. – EDN LZRCJF.
15. Dictionary of the modern English language: In 2 volumes. – M .: Rus. lang., 1992. – T. 1 A – L. – 626 p.
16. Dictionary of the modern English language: In 2 volumes. – M .: Rus. lang., 1992. – V. 2 M – Z. – 1229 p.
17. Stepanov Yu. S. Constants: Dictionary of Russian Culture. – M.: School “Languages of Russian Culture”, 1997. – 824 p.
18. Surina V. N. The concept of concept and concept sphere // Young scientist. – 2010. – No. 5-2. – P. 43-46. – EDN MUARNH.
19. Titova Yu. V. Structure of concept and methods of its description // Bulletin of Ulyanovsk State Technical University. – 2010. – No. 4 (52). – P. 16-21. – EDN QJBKNF.
20. Tkacheva Yu. G., Kravchuk D. V. Scientific approaches to defining a concept in linguistics // Analysis and synthesis in modern science: collection of articles from the international scientific conference, St. Petersburg, April 01, 2024. – St. Petersburg: Private scientific and educational institution of additional professional education Humanitarian National Research Institute “NATSRZAVITIE”, 2024. – P. 20-24. – EDN VVHUQX.
21. Explanatory dictionary of the Russian language with the inclusion of information on the origin of words / RAS, V. V. Vinogradov Russian Language Institute. Ed. N. Yu. Shvedova. – M.: Publishing center “Azbukovnik”, 2007. – 1175 p.
LANGUAGE AND LAW
LATYPOVA Elvira Rashitovna
Ph.D. in pedagogical sciences, associate professor, Institute of Chemical Technology and Engineering, Ufa State Petroleum Technological University
BIKTIN Ranis Ramilevich
student, Institute of Chemical Technology and Engineering, Ufa State Petroleum Technological University
KHALILOVA Alina Minibaevna
student, Institute of Chemical Technology and Engineering, Ufa State Petroleum Technological University
THE INFLUENCE OF NON-VERBAL COMMUNICATION ON THE FORMATION OF INTERACTION
The article is dedicated to studying the role of nonverbal communication in strengthening interpersonal relationships. It examines the main elements of nonverbal information transmission, including facial expressions, gestures, and tone of voice, as well as their influence on the perception of emotions and mutual understanding. The importance of empathy and the analysis of nonverbal signals for building trust and harmonious interactions is emphasized. Practical recommendations are provided for the effective use of nonverbal communication to achieve quality communication.
In modern society, the ability to interpret nonverbal signals has become an important skill for strengthening social bonds and preventing conflicts. The focus is how nonverbal aspects complement verbal communication enhancing its effectiveness. Using these signals with empathy helps to create a trusting atmosphere and improve interactions. Understanding the mechanisms of nonverbal communication contributes to personal and professional development, highlighting the relevance of this topic for further research.
Keywords: trust, empathy, facial expressions, gestures, intonation, mutual understanding, linguistics, communication.
Article bibliography
1. Ainetdinova D. A. Intercultural communications in the modern educational space // Integration in education. Artistic development of the generation of the information age: a collection of scientific articles based on the materials of the I International scientific and practical network conference on December 21-25, 2015 / Under the scientific editorship of E. P. Olesina, O. V. Stukalova. – Moscow: Institute of Art Education and Cultural Studies RAO, 2016. – P. 84-87.
2. Belikova N. Yu., Lapshin A. G. Factors influencing people’s behavior in the process of intercultural communication // Modern social processes in the context of globalization: collection of materials of the IV International scientific and practical conference on May 13, 2022 / Editorial board: N. V. Milenkaya, D. A. Skochilova. – Krasnodar: Kuban State Technological University, 2022. – Pp. 186-191.
3. Dorofeeva M. Yu., Latypova E. R. Relevance of intercultural communications for modern society: collection of conference papers / Society, pedagogy, psychology: current research: materials of the All-Russian scientific and practical conf. with international participation (Cheboksary, 2021). – Cheboksary: “Laru-taru” (“Wednesday”), Surche Publishing House, 2021. – P. 10-11.
4. Latypova E. R. [et al.]. Intercultural communication between representatives of different cultural groups in the spheres of the Internet // Science and School. – 2020. – No. 3. – P. 164-171.
5. Minyar-Belorucheva A. P. Features of intercultural professional and scientific communication // Collection of scientific and educational-methodical works: in honor of the Anniversary of Professor Svetlana Grigoryevna Ter-Minasova. Issue 20. – Moscow: “KDU”, “Dobrosvet”, 2023. – P. 287-295.
6. Morokhova O. A., Anosov V. A. Culture of communication as a factor in the success of professional activity // Young scientist. – 2019. — No. 19 (257). – P. 406-408.
7. Motovilova A. D., Merker A. A., Nizhelskaya Yu. A. Intercultural communications: theory and practice // Bulletin of science. — 2023. — No. 5 (62). – P. 707-711.
ECONOMY. LAW. SOCIETY
GUDENKOVA Olesya Ivanovna
assistant of Mathematics and applied information technologies sub-faculty, Tyumen Industrial University
REALIZATION OF SOCIO-CULTURAL RIGHTS OF RESIDENTS OF SMALL TOWNS
The results of a study conducted in one of the small towns located in the south of the Tyumen region are presented, with the aim of identifying how the socio-cultural rights of their residents are realized. Since the task of developing small towns is set at the state level, one of the important areas of their development is the creation of tourism and recreation centers on the basis of these cities. Zavodoukovsk, where an online survey of its residents was conducted in 2024, fully meets the criteria for receiving state support. The city has historical sites, natural locations, and tourist infrastructure. This allows residents to fully realize their socio-cultural rights.
Keywords: socio-cultural rights, tourist preferences, tourist sites, small town.
Article bibliography
1. Urban development code of the Russian Federation (29.12.2004 No. 190-FZ). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_51040/ (date of access: 12.12.2024).
2. Lazarev A. V. Small towns in the federal policy of regional development // Regional economy: theory and practice. – 2007. – No. 8. – P. 199-209.
3. Levashov V.K., Khairullina N.G. Russia – Tyumen: vectors of Eurasian development // News of higher educational institutions. Sociology. Economics. Politics. – 2015. – No. 2. – P. 124-126.
4. Perkova M. V. Small towns as a factor in sustainable development of territories // Bulletin of the Belgorod State Technological University named after V. G. Shukhov. – 2014. – No. 4. – P. 63-66.
5. Smirnov S. V. Small towns: classification, specificity, problems and development prospects // In the collection: Small and medium-sized cities of Russia: past, present and future. Proceedings of the VI International Stakheev Readings. Elabuga Institute of KFU. – 2013. – P. 253-255.
6. Trubitsyna T. G. Small towns of Russia – living space of people // Philosophy of economy. – 2014. – No. 5 (95). – P. 247-252.
7. Khairullina N. G. Sustainable socio-political development of the Tyumen region: dynamics of indicators // Eurasian Law Journal. – 2015. – No. 4 (83). – P. 194-196.
ECONOMY. LAW. SOCIETY
MARCHENKOVA Liliya Mikhaylovna
Ph.D. in economical sciences, associate professor, Kursk State University
THE LEGAL BASIS FOR ENSURING ECONOMIC SECURITY OF THE COUNTRY
The article examines the issues of legal support for the economic security of the country, since this topic is important and relevant, requiring an integrated approach and continuous improvement of legislation in a changing world order. In this regard, the main provisions of the Economic Security Strategy of the Russian Federation for the period up to 2030, regulatory documents related to economic security, and current threats to economic security are considered.
Keywords:economic security, threats to economic security, economic security strategy.
Decent bibliography
1. “The Constitution of the Russian Federation” (adopted by a nationwide vote on 12.12.1993 with amendments approved during the all-Russian vote on 01.07.2020). – [Electronic resource]. – Access mode: https://www.consultant.ru/document/cons_doc_LAW_28399/
2. Part 1 of the Civil Code of the Russian Federation (CC RF) dated 30.11.1994 No. 51-FZ with amendments and additions. – [Electronic resource]. – Access mode: http://www.consultant.ru/
3. Decree of the President of the Russian Federation “On the Economic Security Strategy of the Russian Federation through 2030” dated 13.05.2017 No. 208 // Collected Legislation of the Russian Federation. – 2017. – No. 20. – Art. 2902.
4. Zolali R. P., Arifullin M. V. Economic security: meaning and factors of its provision // Bulletin of science. – 2024. – No. 6 (75). – P. 184-189 @@ Vasilyeva L. P. Economic security: definitions and essence // Journal of applied research. – 2020. – No. 3. – P. 6-13.
5. Esir A. I., Kiskul O. A., Tolmacheva I. V. Study of theoretical aspects of the concept of economic security // Theory and practice of social development. – 2022. – No. 8. – P. 49-54.
6. Sheloukhina E. A., Rumachik N. A., Mezentseva E. S. Essential characteristics and key components of the state economic security system // Journal of applied research. – 2022. – No. 6. – P. 801-809.
ECONOMY. LAW. SOCIETY
RADCHENKO Elena Pavlovna
Ph.D. in economical sciences, leading researcher of the SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
VDOVINA Alina Nafisovna
senior researcher of the SIC-1 of the Federal Government institution “Scientific Research Institute of the Federal Penitentiary Service of the Russian Federation”
THE NEGATIVE IMPACT OF CORRUPTION IN PUBLIC-PRIVATE PARTNERSHIP PROCUREMENT: PROBLEMS AND SOLUTIONS
Public-private partnership (PPP) is considered by the government as a mechanism for increasing economic growth with the participation of large, medium and small businesses. When analyzing the problems and contradictions that exist in the implementation of PPP projects, the authors highlighted the following: the lack of budget accounting rules, the establishment of incorrect tariffs, the presence of corruption components, gaps in legislation related to PPP, in particular for the penal enforcement system of the Russian Federation, which, in turn, can expand subjectivity, and this means that it is possible to increase the likelihood of corruption risk in making appropriate decisions by employees of the management system. As for corruption issues in the implementation of PPP projects, the economic component is important as an illegal expenditure of budget resources, reducing investment attractiveness. The article describes the vulnerability of various stages and models of public-private partnership to corruption, and also offers recommendations for minimizing this issue. It is proposed to establish appropriate mechanisms for monitoring violations in the field of PPP procurement, if necessary, at the project level.
Keywords: corruption, abuse of official authority, Federal Penitentiary Service, public-private partnership, penal enforcement system.
Article bibliography
1. Public-private partnership in Russia. Results of 2023 and main trends // Analytical digest of AIIC. – 2024. – Issue No. 1. – P. 32.
2. Federal Law of 13.07.2015 No. 224-FZ “On public-private partnership, municipal-private partnership in the Russian Federation and amendments to certain legislative acts of the Russian Federation” (with amendments and additions) // SPS Consultant Plus.
3. Izotov M.O. Corruption in modern Russia: socio-cultural foundations and forms of manifestation. Abstract for the degree of candidate of philosophical sciences, 2012.
4. Alpatov A. A., Pushkin A. V. Public-private partnership: implementation mechanisms. – M., 2013. – P. 223.
5. Belitskaya A. V. Legal regulation of public-private partnership. – M.: Statut, 2012. – 190 p.
6. Varnavsky V. G. Public-private partnership. – M.: IMEMO RAS, 2009. – In 2 volumes. Volume 1. – 312 p.
7. Kozin M. N., Radchenko E. P. Implementation of public-private partnership projects: issues of conjugation of economic and public security indicators // Financial Economy. – 2021. – No. 8. – P. 196-200.
8. Knyazendelin R. A., Kurbanov A. Kh., Krekotnev R. N. Application of the public-private partnership model as a tool for the development of defense industry enterprises and private operators // Izvestiya SPbGEU. – 2019. – No. 2 (116). – P. 47-53.
9. Kurbanov A. Kh., Plotnikov V. A. Public-private partnership and outsourcing: a comparative analysis of the structure and nature of relations // In the world of scientific discoveries. – 2013. – No. 4. – P. 33-47.
10. Sedykh V. A., Avdeev V. V., Rodionov A. V., Skiba A. P. Some issues of legal regulation of employment of persons sentenced to forced labor within the framework of public-private partnership in the production sector of the penal system of the Russian Federation // Bulletin of the criminal executive system. – 2020. – No. 10 (221). – P.53-61.
11. Federal Law of July 21, 2005 No. 115-FZ “On Concession Agreements” (with amendments and additions) // SPS Consultant Plus.
12. Radchenko E. P., Vdovina A. N. Attracting extra-budgetary investments as a way to ensure economic security of public-private partnership projects // Man: crime and punishment. – 2022. – V. 30, No. 2. – P. 206-215.
13. Rodionov A. V., Skiba A. P., Voronin M. Yu. Public-private partnership in the penitentiary sphere: some directions of development // Criminal-executive law. – 2023. – T. 18, No. 1. – P. 10-23.
ECONOMY. RIGHT. SOCIETY
KORCHAGIN Eduard Rashitovich
postgraduate student, G. V. Plekhanov Russian University of Economics
ARCHITECTURE OF THE INNOVATION PROJECT MANAGEMENT MECHANISM IN HIGHER EDUCATION INSTITUTIONS BASED ON THE CONCEPT OF INTRA-COMPANY ENTREPRENEURSHIP
The article proposes a structural and logical scheme of the mechanism of Greenfield’s influence on the development of educational systems, combining the functions and results of such influence; Describes the model of interaction developed by the author of scientific research formations (including on the basis of universities), the industrial sector of the economy (as the main consumer of the results of innovative projects) with the direct participation of the state, which It reflects the direct role of the state in shaping the systemic interaction between science and production.
Keywords: innovative project, higher education organizations, intra-company entrepreneurship.
Article bibliography
1. Kalimullin R. R. Research sector in the implementation of the “science production” cycle in the 1950-1960s (based on materials from the Middle Volga region) // News of higher educational institutions. Volga region. Humanities. – 2013. – № 4.
2. Matveeva L. G., Stefankov I. O. Strategic approach to the development of industrial enterprises in the context of economic sanctions // Terra Economicus. – 2014. – Vol. 12, № 2-2.
PHILOSOPHY. LAW. SOCIETY
ANDRIEVSKAYA Zhanna Viktorovna
Ph.D. in psychological sciences, associate professor, associate Professor of Clinical psychology sub-faculty, Rostov State Medical University, doctoral student, Saratov State University
CHERKASOV Vitaliy Valerjevich
Department of Social and Political Work, Investigative Committee of the Russian Federation, colonel of justice
FORMATION OF A POSITIVE IMAGE OF AN EMPLOYEE OF THE INVESTIGATIVE COMMITTEE IN THE PUBLIC CONSCIOUSNESS
The article reveals theActual aspects of improving the image of an investigator as a problem of a socio-philosophical nature. Based on the analysis of the main tools for forming a positive image of the investigator, the importance of information and propaganda work for correcting the social image has been demonstrated, and the means of building feedback between society and the investigator are considered. The article presents the role of information policy in influencing public perception of the professional work of investigators and forensic investigators. It is proposed to expand the practice of interaction of the Investigative Committee with the public by developing educational and methodological materials that can be used as part of the educational process.
Keywords: social character, image, legal propaganda, education, information policy.
Article bibliography
1. Adaeva O. V. The main forms of legal education in modern Russia: theoretical and practical aspects // Theory and practice of social development. – 2016. – No. 6. – P. 98-100.
2. Bastrykin AI 10 years of the Investigative Committee of Russia! // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2021. – No. 1 (27). – P. 11-15.
3. Bastrykin AI Society asks for protection from the Investigative Committee of the Russian Federation, and every citizen of Russia will receive it // Bulletin of the Academy of the Investigative Committee of the Russian Federation. – 2017. – No. 3 (13). – P. 20-24.
4. Ilyuk EV Code of Ethics – Code of Life // Truth and Law. – 2018. – No. 1 (3). – P. 79-82.
5. Matusevich OA Features of the Formation of Social Representations of the Past // Proceedings of BSTU. – No. 5. History, philosophy, philology. – 2016. – No. 5 (187). – P. 142-145.
6. Osipov R. A. Legal information: concept and relationship with related categories // Bulletin of the Saratov State Law Academy. – 2015. – No. 3 (104). – P. 153-158.
7. Sargsyan A. Zh., Chetverikova T. D. Positive image of an employee of the Investigative Committee of the Russian Federation as a factor in strengthening the authority of investigative bodies // Investigation of crimes: problems and ways to solve them. – 2015. – No. 1 (7). – P. 196-200.
8. Tatarinova N. V. On the concept of “image” and its difference from similar concepts of “image”, “reputation”, “stereotype” // Philological sciences. Theoretical and practical issues. – 2009. – No. 2 (4). – P. 252-255.
PHILOSOPHY. LAW. SOCIETY
VOLKOV Sergey Nikolaevich
Ph.D. in philosophical sciences, professor, professor of Translation and translation studies sub-faculty, Penza State Technological University
KOVALEVA Svetlana Evgenjevna
Ph.D. in philosophical sciences, associate professor of Translation and translation studies sub-faculty, Penza State Technological University
LIFE IN SOCIETY VS. EXISTENCE IN THE CONDITIONS OF LIVING NATURE: SOCIO-PHILOSOPHICAL ASPECT
In society at present there is a tendency of some part of the population through a peculiar form of alienation from society to build a personal life in natural conditions. On the one hand, this trend has an eco-social character, and it is oriented towards the recognition by man of his true natural component, which should determine the form of existence. On the other hand, it is seen as a kind of escapism, as opposition to the social civilized way of life and attempts to reveal one’s own ego outside of society and the urban environment.
Object: consideration of a number of aspects that contribute to the human rejection of the benefits of civilization and immersion in the environment of natural existence.
Methods: analytical and rationalistic methods are used.
The main part of the article gives an analytical assessment of the social situation and the emergence of a new trend – downshifting. The need of a person to become a modern hermit is justified by the philosophy of life, in which the primary link is one’s own existence. The authors give examples of some reasons why people turn to this form of life.
The phenomenon of wilderness is examined. On the example of some tribes of the modern world, which have preserved the patriarchal way of life, the possibilities of man to change his attitude to the world and society are evaluated, at the same time acquiring new skills and qualities for living in the wilderness.
The attitude to the latter creates prerequisites for the problem of formation of ecological consciousness. The assumption is made that in the conditions of living in nature a person gets closer to it, increases his responsibility to natural components, rushes towards accepting the idea of equality of all subjects existing in the natural environment. The article cites the opinions of the classics developing the problems of environmental ethics.
In conclusion, the authors emphasize the idea of the human need to resist modern consumerism. Hence all the issues discussed in the article.
Keywords: downshifting, ecological consciousness, wildlife, environmental ethics, noosphere thinking
Article bibliography
1. Eysenck G. Psychology of the paranormal. – M.: Eksmo Publishing House, 2005. – 640 p.
2. Bocharnikov V. N. A new look at the problem of preserving wildlife // Astrakhan Bulletin of Environmental Education. – 2013. – No. 1 (23), – Astrakhan: OOO “Nizhnevolzhsky Ecocenter”. P. 73. – 73-86 p. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/novyy-vzglyad-na-problemu-sohraneniya-dikoy-prirody?ysclid=m64zg8xtcn583231788 (date accessed: 10.01.2025).
3. Bryant L. Ontology of Wildlife. Translated from English by A. Burkova. / “STOL”. Journal of Philosophy. [Electronic resource]. – Access mode: https://stol.guru/papers/levi-bryant-wilderness-ontology-2019-07-29?ysclid=lxr82ukbqr987500833 (date accessed: 12.01.2025).
4. Gluzman A. A. Self-improvement of the individual: a brief philosophical and pedagogical analysis // Humanities. – 2022. – No. 2. – P. 66. – 64-67. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/samosovershenstvovanie-lichnosti-kratkiy-filosofskiy-i-pedagogicheskiy-analiz/viewer (date of access: 17.01.2025).
5. Gurevich P. S. Afrocentrism // Africa: problems of transition to civil society. Abstract. Issues 1-2. – M., 1994 @@ African studies of foreign countries, 1989-1990. – M., 1994. [Electronic resource]. – Access mode: http://cult-lib.ru/doc/culture/encyclopedia-xx-vek/037.htm (date accessed: 14.01.2025).
6. Ermakova S. N. Downshifting: a socio-psychological phenomenon // Monitoring public opinion: economic and social changes. – 2012. – No. 6 (112). – M .: All-Russian Center for the Study of Public Opinion. – P. 97-107. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/daunshifting-sotsialno-psihologicheskiy-fenomen/viewer (date accessed: 10.01.2025).
7. Kolosova A. Yu., Vergun T. V. Social and philosophical analysis of ethics of the modern stage of civilized development // Humanities and social sciences. – 2020. – No. 2. – Rostov-on-Don: Southern Federal University. – P. 48-56. [Electronic resource]. – Access mode: https://www.elibrary.ru/item.asp?id=42998517 (date accessed: 22.01.2025).
8. Kulakov I. F. The phenomenon of downshifting as a reaction to consumerism // Culture. Spirituality. Society. – 2016. – No. 27. – Novosibirsk: OOO “Center for the Development of Scientific Cooperation”. – P. 31-36. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/fenomen-daunshiftinga-kak-reaktsiya-na-konsyumerizm?ysclid=m67k7akejk547166430 (date of access: 22.01.2025).
9. Callicott B., Leopold O., Attifield R. Problems of Environmental Ethics in Modern Western Philosophy // History and Philosophy of Science. [Electronic resource]. – Access mode: Problems of environmental ethics in modern Western philosophy (B. Callicot, O. Leopold, R. Attifield) / History and philosophy of science (candidate minimum) Wiki / Fandom (date of access: 20.01.2025).
10. Feklistova K. How to live according to Wu Wei: 10 principles to get everything without doing anything through force. [Electronic resource]. – Access mode: https://www.championat.com/lifestyle/article-5291914-chto-takoe-u-vej-kak-dobitsya-vsego-ne-delaya-nichego.html?ysclid=m64xy9vl1204686322 (date of access: 18.01.2025).
11. Kholodny N. G. Thoughts of a naturalist about human nature // Russian cosmism: Anthology of philosophical thought / Comp. S. G. Semenova, A. G. Gacheva. – Moscow: Pedagogy-Press, 1993. – Pp. 337-368.
12. Shirber M. Cities occupy more territory than expected / LiveScience. 11.03.2005. [Electronic resource]. – Access mode: https://translated.turbopages.org/proxy_u/en-ru.ru.4968befa-67909112-4e4c5754-74722d776562/https/www.livescience.com/6893-cities-cover-earth-realized.html (date of access: 22.01.2025).
13. Eyvelmans B. Traces of Unseen Beasts. – M.: Publication of the magazine “Vokrug Sveta”, 1994. – 352 p.
PHILOSOPHY. RIGHT. SOCIETY
ZOLOTAREV Sergey Petrovich
Ph.D. in philosophical sciences, associate professor, professor of Philosophy, history and pedagogy sub-faculty, Stavropol State Agrarian University
YANUSH Sergey Vladimirovich
Ph.D. in historical sciences, professor, professor of Humanities and socio-economic disciplines sub-faculty, Hero of the Soviet Union A. K. Serov Krasnodar Higher Aviation School of Pilots
PHILOSOPHICAL PROBLEMS OF THE INTRODUCTION OF INFORMATION TECHNOLOGIES AND CYBERSPACE INTO MODERN HUMAN LIFE
In the article, some problems of integration of digital technologies in society and interpersonal identification of a person are analyzed. The processes of the influence of the Internet for the psychological study of personality behavior in society, contributing to correlate an individual’s worldview, are being investigated. The limits of the influence of cyberspace on modern life have been determined. The author used the theoretical developments presented in Anastasia Alekseevna Lisenkova’s monograph “Transformation of socio-cultural identity in the digital space”. According to the author of the article, the process of self–identification takes place in the context of existing interpersonal and social relationships reflected on Internet sites. The relationship between the use of digital technologies to create an individual image in virtual reality, which in most cases does not correspond to the real appearance, is revealed. It is concluded that in the era of globalization, more and more people are beginning to withdraw into their own narrow circle, guided solely by personal beliefs. Instead of striving for dialogue and mutual understanding between representatives of different social groups and cultures, we see how society is divided into “friends” and “strangers”. The conclusion is made about the beginning of the formation of a new cultural paradigm, the introduction of an effective type of culture and forms of its existence into society.
Keywords: digitalization, communication, cyberspace, personality, virtual world, problems, technology, transformation, social relations, culture, morality.
Bibliographic list of articles
1. Asmolov A. G. From We-media to I-media: identity transformations in the virtual world (Russian) // Voprosy psikhologii: zhurnal. – 2009. – № 3. – P. 3-15.
2. Voyskunsky A. E. Research in the field of psychology of computerization: history and current state // National psychological journal: zhurnal. – 2006. – № 1. – P. 58-62.
3. Voyskunsky A. E., Evdokimenko A. S., Fedunina N. Yu. Alternative identity in social networks // Bulletin of Moscow University. – 2013. – № 1. – P. 66-83.
4. Voyskunsky A. E., Evdokimenko A. S., Fedunina N. Yu. Network and real identity: comparative study // Journal of the Higher School of Economics. – 2013. – V. 10, No. 2. – P. 98-121.
5. Lisenkova A. A. Transformation of socio-cultural identity in the digital space / Ministry of Culture of the Russian Federation, Perm State Institute of Culture. – Perm: PGIK, 2021. – 285 p.
6. Sidorova I. G. Ways to position an Internet personality in a social network (Russian) // Bulletin of VSPU. – 2013. – No. 9 (84). – P. 29-33.
7. Smirnova T. V., Unzhakova I. A. Semiotic knowledge of Umberto Eco’s mass communication and the problems of understanding digital reality // Digital sociology. – 2019. – V. 2, No. 1. – P. 17-23.
8. Flenina T. A. Network identity in the self-awareness of Russian youth (Russian) // Bulletin of the Herzen State Pedagogical University. – 2015. – No. 178. – P. 76-79.
9. Adam Snape. Over Three Quarters Of Brits Say Their Social Media Page Is A Lie. Custard (April 6, 2016) [Electronic resource]. – Date of access: December 2, 2016.
10. Back M. D., Stopfer J. M., Vazire S., Gaddis S., Schmukle S. C., Egloff B. & Gosling S. D. Facebook profiles reflect actual personality not self-idealization // Psychological Science. – No. 21. – P. 372-374. A
11. Samuel D. Gosling, Adam A Augustine, Simine Vazire, Nicholas Holtzman, Sam Gaddis. Manifestations of Personality in Online Social Networks: Self-Reported Facebook-Related Behaviors and Observable Profile Information // Cyberpsychology, Behavior, and Social Networking. – 2011. – No. 01 (23), T. 14. – P. 483-488.
12. 12. Whitty M. T. Liar liar! An examination of how open, supportive and honest people are in Chat rooms // Computers in Human Behavior. – 2002. – No. 18 (4). – pp. 343-352.
PHILOSOPHY. RIGHT. SOCIETY
KUGAI Alexander Ivanovich
Ph.D. in philosophical sciences, professor of State and municipal management sub-faculty, Northwestern Institute of Management, Russian Presidential Academy of National Economy and PublicAdministration under the President of the Russian Federation, St. Petersburg
EAST AND WEST: SELF-ASSERTION IN THE CULTURES OF “GAINING AND SAVING FACE” AND “REGARDLESS OF FACE”
Aim. To identify and substantiate the characteristics of the behavioral psychology of self-affirmation of the individual in the countries of East Asia.
Tasks. To identify and explain behavioral patterns that have a decisive influence on the socialization and self-affirmation of East Asians in comparison with those living in Western European and American cultures.
Methods. Methods of cultural, systematic, structural-functional, comparative and typological analysis.
Results. 1. The differences between the East and the West are in the forms of ensuring dignity and self-affirmation of the individual. The inhabitants of the East Asian countries assert themselves in the culture of “Gaining and Saving Face” (GSF), the peoples of the countries of Western Europe and North America assert themselves in the culture of “Regardless of Face.” (“RF”). 2. Four key factors – modesty, privacy, focus on prevention and harmony – highlight the main determinants of self-determination and regulation of the individual in the culture of GSF. 3. The search for a reasonable balance between the socio-cultural and political-legal foundations of social existence is the main issue of modern political science and practice. Apparently, such a balance has been found in the countries of East and Southeast Asia. This is evidenced by the preservation of national identity, thanks to the self-affirmation of citizens in the culture of GSF, and, built on the culture of RF, the irreconcilable fight against corruption in the PRC, Japan, Singapore, Malaysia, Indonesia, Thailand.
Conclusions. 1. Comparing the self-affirmation of the individual in the culture of GSF and RF. on the scales of “soft” power, the power that acts by default, greater viability and efficiency are demonstrated by countries whose population asserts itself in the culture of GSF, while relying on the culture of RF, the idea and principles of the rule of law and equality before the law formed by it. The synthetic power of the cultures of GSF and RF is currently expressed in the significant superiority of the states of East and Southeast Asia in the rates of economic development over the countries of the European Union and the USA. 2. Russia’s vitality lies in its Asian and European roots, combining the cultures of “Gaining and Saving Face” and “Regardless of Faces”. The integrated energy of self-affirmation of Russian citizens produced by the cultures of GSF and RF: a) ensures GDP growth in the context of unprecedented external restrictions, b) forms the foundation for the diversity and national unity of the peoples of Russia, c) indicates the strength of spirit and heroism of our soldiers during the SVO. The faces of Russia’s heroes become living role models. Heroes are not born – they are made.
Keywords: West, East, Russia, dignity, self-affirmation, culture of “Gaining and Saving Face”, culture of “Regardless of Faces”, humility, privacy, prevention, harmony, rule of law, equality before the law.
Article bibliography
1. Kierkegaard S. Unhappy. – M.: Bibl.-Theological. Institute of St. Apostle Andrew, 2002. – P. 17-28.
2. Kugai A. I. Human rights: from theory to policy // Management consulting. – 2021. – No. 5. – P. 32-44.
3. Kugai A. I. Virtue and Law in Chinese Management Theory and Practice / Vectors of Russia’s Socio-Economic Development: Modern Challenges and Opportunities. – Cheboksary: ID “Sreda”, 2024. – P. 140-149.
4. Heidegger M. Time and Being: Collection. – Moscow: Republic, 1993. – 447 p.
5. Cai H., Sedikides C., Gaertner L., Wang C., Carvallo M., Xu Y., O’Mara E. M., & Jackson L. E. Tactical Self-Enhancement in China is Modesty at the Service of Self-Enhancement in East Asian Culture? Social Psychological and Personality Science. – 2011. – No. 2. – pp. 59-64.
6. Goffman E., Ho D. Y. F. On the concept of face // American Journal of Sociology. – 1976. – Рp. 867-884.
7. Hamamura T., Meijer Z., Heine S. J., Kamaya K., & Hori I. Approach-avoidance motivation and information processing: A cross-cultural analysis // Personality and Social Psychology Bulletin. – 2009. – Рp. 454-462.
8. Ho D. Y. F. On the concept of face // American Journal of Sociology. – 1976. – Рp. 867-884.
9. Kim Y.-H., & Cohen, D. Information, perspective, and judgments about the self in face and dignity of cultures // Personality and Social Psychology Bulletin. – 2010. – pp. 537-550.
10. Kudo E., & Numazaki M. Explicit and direct self-serving bias in Japan: Reexamination of self-serving bias for success and failure // Journal of Cross-Cultural Psychology. – 2003. – pp. 511-521.
11. Leung A. K.-y., & Cohen D. Within-and between-cultural variation: Individual differences and the cultural logics of honor, face, and dignity of cultures // Journal of Personality and Social Psychology. – 2011. – Рp. 507-526.
12. Leung A. K.-y., Kim Y. H., Zhang Z. X., Tam K. P., & Chiu C. Y. Cultural construction of success and epistemic motives moderate American-Chinese differences in reward allocation biases // Journal of Cross-Cultural Psychology. – 2012. – Рp. 46-52.
13. Muramoto Y., & Yamaguchi S. Another type of self-serving bias: Coexistence of self-effacing and group-serving tendencies in attribution in the Japanese culture // Japanese Journal of Experimental Social Psychology. – 1997. – P. 65-75.
14. Sedikides C., & Gregg A. P. Self-enhancement: Food for thought // Perspectives on Psychological Science. – 2008. – Рp. 102-116.
15. Takata T. Self-enhancement and self-criticism in Japanese culture: An experimental analysis // Journal of Cross-Cultural Psychology. – 2003. – Рp. 542-551.
16. Winston Churchill. The World Crisis 1916-1918. – Vol. 1. – N.Y., 1927. – P. 227-228.
PHILOSOPHY. RIGHT. SOCIETY
LIU Congying
Ph.D. in psychological sciences, Russian language practice sub-faculty, Heilongjiang University
THE RUSSIAN WORLD IN THE PUBLIC CONSCIOUSNESS OF RUSSIA
The article examines the versatility and uniqueness of the phenomenon called the “Russian World”. The formation of his concept in historical retrospect is traced, it is noted that the term itself does not yet have a clear definition. Two approaches to its origin dating back to the 10th and 19th centuries are given, various approaches to understanding the Russian world and, in this regard, the features of the doctrine of traditionalism are studied. The associations associated with it and its representation in painting, literature and art are indicated. Based on specific events in the modern history of Russia, the author traces the beginning of the revival of “Russianness” in the consciousness of society. The multidimensional nature of the “Russian World” is analyzed using its internal and external elements, essential characteristics, criteria for determining its specifics and national symbols. The author focuses on the process of the country’s peoples becoming a united nation that has begun and actualizes the idea that in today’s difficult conditions of global development, it is the idea of the Russian world that is becoming a system-forming factor in the consolidation of society.
Keywords: society, Russian world, consciousness, concept, nation, consolidation, criteria.
Article bibliographic list
1. Averyanov V. The Doctrine of the Russian World. [Electronic resource]. – Access mode: https://izborsk-club.ru/10269 (date of access: 15.01.2025).
2. Aleksandrov D. S. Theoretical and methodological approaches to the study of national self-awareness // Theory and practice of social development. – 2013. – No. 10. – P. 42-45.
3. Alimov A. V. Conceptual foundations of the Russian world in the socio-political system of Russia // Society: politics, economics, law. – 2023. – No. 4. – P. 46-57.
4. Barinova K. V. Russian national self-consciousness: origins and development in the historical context // The fate of Russia: national idea and its historical modifications: collection of scientific papers of the V All-Russian conference, October 14-15, 2003 – Ekaterinburg: Ural State University, 2003. – P. 58-68.
5. Betilmerzaeva M. M. The essence of public consciousness: the formation of meanings // Society: philosophy, history, culture. – 2023. – No. 7. – P. 14-20.
6. Bydanov V. E. The concept of “Russian world” in the structure of the new ideology of Russia // Donetsk readings 2024: education, science, innovation, culture and challenges of our time. Proceedings of the IX International scientific conference. – Donetsk, 2024. – P. 16-19.
7. Goffman A. B. Social-sociocultural – cultural: historical and sociological notes on the relationship between the concepts of “society” and “culture” // Sociological yearbook, 2010: collection of scientific papers / Ed. in chief N. E. Pokrovsky. – Moscow, 2010. – P. 128-136.
8. Karamova A. A. The concept of “Russians” in the linguistic picture of the political world: semantic aspect // 8. Political8. 8. linguistics. – 2024. – 8. No.8. 8. 28. 8. (104). – P. 12-19.
9. Kirill, Patriarch of Moscow and All Rus’. Seven words about the Russian world / Comp. A. V. Shchipkov. – Moscow: VRNS, 2015. – 120 p.
10. Knyazev V. M. The return of the “Russian world” to the historical life of Russia // 10. Position.10. 10. Philosophical10. 10. problems10. 10. sciences10. 10. and10. 10. techniques. – 2023. – 10. №10. 10. 19. – P. 99-103.
11. Kozlovtseva I. A. The image of the Russian world in the current socio-cultural space // Bulletin of Culture and Arts. – 2018. – No. 1 (53). – P. 58-65.
12. Kozlovtseva N. A. The Russian world as a theoretical concept in modern social and humanitarian knowledge // Observatory of Culture. – 2017. – Vol. 14, No. 3. – P. 284–292.
13. Krylov V. S. Krym sacred: the unity of the Russian world // 13. Eurasian13. 13. union13. 13. scientists. – 2015. – 13. №13. 13. 7-513. 13. (16). – P. 159-162.
14. Ksenofontov V. N. Russian world: criteria and features of implementation // 14. P14. search14. :14. 14. Politics.14. 14. Social science.14. 14. Art.14. 14. Sociology.14. 14. Culture. – 2009. – 14. №14. 14. 114. 14. (21). – P. 120-128.
15. Lobanov D. S., Strionova I. V. Russian world: concept, values // Donetsk readings 2017: Russian world as a civilizational basis for the scientific, educational and cultural development of Donbass. Proceedings of the International scientific conference of students and young scientists. Dedicated to the 80th anniversary of DonNU / Under the general editorship of S. V. Bespalova. – 2017. – P. 306-307.
16. Matyukhin A. V., Davydova Yu. A., Fedoryuk V. D. Values of the “Russian world” as a factor in political consolidation during the SVO period // 16. Journal of political16. 16. 16. studies. – 2024. – Vol. 8, 16. No. 16. 16. 3. – P. 33-45.
17. Pankratyeva I. A. Russian world: phenomenon and politics // 17. Position.17. 17. Philosophical17. 17. problems17. 17. sciences17. 17. and17. 17. technology. – 2019. – 17. No.17. 17. 13. – P. 100-105.
18. Pestetsov A. F. Genesis of Russian national self-consciousness in the spiritual culture of Russia: dis. … candidate of philosophical sciences: 24.00.01. – Nizhny Novgorod, 2009. – 26 p.
19. Polovenko A. V. The concept of the Russian world as a factor in the gathering of Russian lands // Donetsk readings 2019: education, science, innovation, culture and challenges of our time. Proceedings of the IV International Scientific Conference / General editor S. V. Bespalova. – 2019. – Pp. 80-82.
20. Sizov S. G. Preservation of Russian national identity as a condition for saving the people // Man and society in an unstable world. Proceedings of the International scientific and practical conference. – Omsk, 2021. – Pp. 91-97.
21. Shub M. L. Functions of cultural memory // Bulletin of Culture and Arts. – 2016. – No. 4 (48). – Pp. 71-76.
22. Yatsenko M. P. The idea of the Russian world as an important factor in the consolidation of society // Churinovye readings: Russian world. Proceedings of the round table: collection of scientific papers. – Krasnoyarsk, 2024. – P. 68-74.
PHILOSOPHY. LAW. SOCIETY
SOBKO Ruslan Vasiljevich
Ph.D. in philosophical sciences, associate professor of Privolzhie branch, Russian State University of Justice, Nizhny Novgorod
SPIRIN Vasiliy Konstantinovich
magister of philosophy, lecturer, Nizhny Novgorod Theological Seminary, Nizhny Novgorod
TRETYAKOV Ilya Sergeevich
bachelor of theology, master of religious studies, lecturer, Nizhny Novgorod Theological Seminary, Nizhny Novgorod
WHETHER TRADITIONAL RELIGIONS ARE TRADITIONAL: TO THE QUESTION ON THE REALIZATION OF V. V. PUTIN’S DECREE OF 11/22/2023
The article considers the problem of social responsibility of representatives of traditional religions on the issues of preserving traditional culture and family values. Traditional religions contribute to the implementation of the decree of V. V. Putin from 22.11.2023 to different degrees due to the peculiarities of their beliefs and historical development. Islam and Judaism are more complimentary to family values. European Christian culture has lost much of its «traditionalism», which is generally associated with the problem of urbanization, atomization and peculiarities of migration processes. Being in an urban environment, the bearers of traditional values partially preserve traditional religiosity, but lose traditional family values as a social skill.
Keywords: traditional religions, Orthodoxy, Judaism, Islam, migration, family values, urbanization, atomization, social processes.
Article bibliography
1. Kazenin K., Murakaev M. The influence of religion on fertility: a review of modern demographic studies // State, religion, church in Russia and abroad. – 2022. – Vol. 40, No. 4. – P. 9-49.
2. Muravyov V. V. Religious factors of population reproduction // National health. – 2020. – No. 2. – P. 110-115.
3. Kublitskaya E. A. Methodological and methodological analysis of the relationship between religious and confessional self-identification (on the example of the studied subjects of the Russian Federation) // Scientific result. Sociology and management. – 2024. – Vol. 10, No. 1. – P. 11-27.
4. Grigorieva M. V. Specificity of forms of social activity of an individual and groups depending on socio-demographic characteristics and level of education // Society: sociology, psychology, pedagogy. – 2020. – No. 8. – P. 48-52.
5. Styrov M. M. Spiritual and moral aspects of demographic problems of Russia and its northern regions // International demographic forum “Demography and global challenges”. – 2021. – P. 813-818.
6. Lermontova T. N. Marriage or virginity: man and woman in the light of the New Testament teaching // Christianity and the world. – 2021. – P. 16-25.
7. Nabiev R. A., Ibragimov M. I. Understandinge benefits in the Abrahamic religions in the context of social service // Peoples and religions of Eurasia. – 2023. – No. 4. – P. 134-146.
8. Kravchuk N. V. The problem of establishing the origin of a child and the child’s right to a family in the context of Islamic law // State and Law: Abstract Journal. – 2021. – No. 1. – P. 205-211.
9. Zakirova T. V., Pereselkova Z. Yu. Transformation of the institution of family in the context of liberal values // Bulletin of Udmurt University. – 2022. – Vol. 32, No. 4. – P. 359-366.
10. The Mufti explained why permission for four wives does not contradict the law. [Electronic resource]. – Access mode: https://www.rbc.ru/society/21/12/2024/676723b99a7947f9d89c6d30?ysclid=m513kn9s4m442852965 (access mode: 12/21/2024).
PHILOSOPHY. RIGHT. SOCIETY
SHAYSLAMOVA Muslima Muslimovna
Ph.D. in historical sciences, associate professor of General humanitarian disciplines sub-faculty, Neftekamsk branch, Ufa University of Science and Technology
IZIBAEVA Gulnaz Maratovna
Ph.D. in historical sciences, senior lecturer of General humanitarian disciplines sub-faculty, Neftekamsk branch, Ufa University of Science and Technology
SMYSLOVA Kseniya Dmitrievna
student, Neftekamsk branch, Ufa University of Science and Technology
THEOLOGICAL THOUGHT AS A SIGNIFICANT SOURCE FOR PHILOSOPHICAL REFLECTION
The article discusses religion and philosophy which are two powerful currents of human thought, closely intertwined and simultaneously opposing each other. Religion is often viewed not just as a system of beliefs and rituals, but also as a specific form of philosophical knowledge that seeks to understand human existence, place in the world, and purpose. However, unlike the rational strictness of philosophy, which is based on logic and empirical evidence, religion often turns to faith, revelation, and mystical experience. It is this difference that generates both fruitful dialogue and sharp disputes. The influence of religion on philosophy cannot be overestimated. Many philosophical systems, especially in antiquity and the Middle Ages, arose and developed in close connection with religious dogs. Thus, the connection between philosophy and religion remains relevant to this day. Despite the differences in research methods and subject matter, they continue to interact, influencing each other and enriching the understanding of man and the world. Based on this, this article examines the importance of religion in philosophy, how it is related to it and its influence on it, as well as the thoughts of famous philosophers who reveal the essence of philosophical religion.
Keywords: philosophical religion, philosophy, religion, theology, God, absolute spirit, faith, reason.
Bibliographic list of articles
1. Mekushkin A. A., Vodenko K. V. History of religious philosophy. [Electronic resource]: textbook / Don State Technical University. – Rostov n / D: Profpress Publishing House, 2019. – 231 p.
2. Shokhin V.K. Introduction to the Philosophy of Religion // Alfa-M Publishing House. – M., 2010. – 288 p.
3. Lega V.P. Religious Philosophy: textbook. – M .: Publishing house of Moscow State Linguistic University, 2009. – 308 p. [Electronic resource]. – Access mode: https://azbyka.ru/otechnik/Viktor-Lega/religioznaja-filosofija/2_14.
4. The influence of religion on philosophy. [Electronic resource]. – Access mode: https://religion.wikireading.ru/hP4farXcB8?ysclid=m2lv3c4d44708423794.
PHILOSOPHY. LAW. SOCIETY
KHOMICH Natalya Viktorovna
Ph.D. in philological sciences, associate professor of Philosophy, sociology and history sub-faculty, A. A. Yezhevsky Irkutsk State Agrarian University
BODYAK Marina Germanovna
Ph.D. in historical sciences, associate professor of Philosophy, sociology and history sub-faculty, A. A. Yezhevsky Irkutsk State Agrarian University
THE FUNCTIONS OF CONVENTION IN THE CONSTRUCTION OF SUBJECTIVE REALITY (MYTHOLOGICAL ASPECT)
The article examines the function of convention from the perspective of its ability to design subjective worlds. Conventionality is given categorical meanings here and acts as a general concept expressing the relation of the real world to the subjective one. The mythological construct is reviewed as one of the general set of conditional constructs. The platform for the representation of conditional subjective worlds is the mass media, where the creativity and quasi-creativity of young people are manifested, the study of which can partially explain the patterns and ways of constructing these secondary realities. Knowledge of these mechanisms can help regulate the formation of a value picture of the world of an individual and the nation as a whole, as well as the formation of subjective ideas in accordance with spiritual and moral national categories. The mythological structuring of a holistic subjective model of the world is initially focused on stereotypes, which are templates for generalizing and simplifying the understanding of ideas. Stereotypes generate cognitive categories such as concepts that combine abstract and concrete representations.
Keywords: convention, social construct, myth, creativity, subjective reality
Article bibliographic list
1. Averintsev S. S. Myths // Brief literary encyclopedia. – M .: Sov. encyclopedia, 1967. – V. 4. – P. 876-882.
2. Alperovich V. D. Subjective “image of the world”: comparative analysis of conceptual models // Psychology and psychotechnics. – 2023. – No. 4. – P. 104-117.
3. Vorobyova E. Yu. Binarity and its archetypal foundations: abstract of dis. … candidate of philosophical sciences: 09.00.01; Omsk. state ped. univ. – Omsk, 2005. – 22 p.
4. Knyazeva E. N. Epistemological constructivism // Philosophy of science. Issue. 12: Phenomenon of consciousness – M.: IF RAS, 2006. – P. 137.
5. Konyshev V. N., Sergunin A. A., Subbotin S. V. Social constructivism on security issues // Theories and problems of political research. – 2016. – No. 3. – P. 94-112.
6. Levitskaya I. A. Theory of personal constructs of J. Kelly: towards a cognitive philosophy of education // Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. – 2013. – No. 2. – P. 114-119.
7. Musat R. P. Artistic picture of the world in the spiritual universe of the modern era: dissertation … doctor of philosophical sciences: 09.00.11. – Krasnoyarsk, 2016. – 343 p.
8. Naidysh V. M. Archeology of myth (Myth-making in its historical development) // Philosophy of myth: ontology, axiology, methodology. – 2022. – Vol. 49, No. 1. – P. 15-28.
9. Naidysh V. M. Myth-making in the activity of consciousness // Questions of Philosophy. – 2017. – No. 5. – P. 26-34.
10. Pavilionis R. I. The problem of meaning: modern. logical-philosophical analysis of lang. – Moscow: Mysl, 1983. – 286 p.
11. Ravochkin N. N., Knyazev N. A., Kruglova I. N. [et al.]. The problem of ideas in the context of social constructivism // Context and reflection: philosophy about the world and man. – 2020. – Vol. 9, No. 3-1. – P. 148-157.
12. Razdabarina Yu. A. Conceptual system in the theory of meaning of RI Pavilionis // Almanac of modern science and education. – 2009. – № 8-2. – P. 155-156.
13. Sukhodolskaya N. P. Social stereotype in people’s life // Philosophy and society. – 2007. – № 3 (47). – P. 152-160.
14. Ulanovsky A. M. Constructivism, radical constructivism, social constructionism: the world as interpretation // Questions of psychology. – 2009. – No. 2. – P. 35-45.
15. Khomich N. V. Social and philosophical interpretation of conventionality as a universal category // Philosophical Thought. – 2024. – No. 8. – P. 21-30.
16. Ethnicity: Theory and Experience / Eds N. Glazer and D. Movnihan. – Cambridge, Mass, 1975. – P. 17.
PHILOSOPHY. LAW. SOCIETY
BLOKHIN Konstantin Maximovich
postgraduate student, State University of Education
THE GEOPOLITICS OF “GREATER EURASIA” IN THE CONCEPTS OF NEO-EURASIANISM: OPPOSITION TO ATLANTICISM AND THE SEARCH FOR ALLIES
The article examines the geopolitical concept of neo-Eurasianism in the context of the confrontation with Atlanticism and the search for allies in a multipolar world. The key ideas and principles of neo-Eurasianism, its geopolitical goals and strategies, as well as the influence of external and internal factors on the practical feasibility of this project are analyzed. The potential allies of the concept represented by the BRICS and SCO countries, their interests and opportunities for cooperation, as well as the contradictions and challenges faced by neo-Eurasianism are discussed. The conclusions highlight the uncertainty of the concept’s prospects, depending on the international situation and the willingness of countries to cooperate.
Keywords: geopolitics, neo-Eurasianism, Atlanticism, Greater Eurasia, multipolarity, BRICS, SCO, regional security, world order
Article bibliography
1. Asanaliev U. A., Bredikhin A. V. The role of the SCO for the EAEU countries in the modern period // Eurasian Law Journal. 2024. No. 4 (191). P. 487-488.
2. Bredikhin A. V. Eurasian vector of development of the Russian Federation: exodus to the East // Bulletin of Moscow University. Series 18. Sociology and political science. 2023. Vol. 29, No. 1. P. 98-109.
3. Bredikhin A. V. Prospects for the participation of new states of the post-Soviet space in the processes of Eurasian integration // Arkhont. 2017. No. 2 (2). P. 14-16.
PHILOSOPHY. LAW. SOCIETY
VORONITSYN Nikolay Vladimirovich
postgraduate student, State University of Education
THE PHILOSOPHICAL ORIGINS OF NEO-EURASIANISM: FROM CLASSICAL EURASIANISM TO POST-SOVIET INTERPRETATION
The article is devoted to the study of the philosophical foundations of neo-Eurasianism in the modern context, focusing on the evolution of this concept from classical Eurasianism to post-Soviet interpretations. The relevance of the work is due to the interest in the Eurasian idea in the context of globalization and the changing geopolitical situation. Classical Eurasianism, which emerged at the beginning of the 20th century, emphasized the uniqueness of the Eurasian civilization, combining elements of European and Asian cultures. Neo-Eurasianism, in turn, developed in the post-Soviet period, becoming more diverse and adaptive to modern realities. The article examines the key concepts, differences and contradictions between these two trends, as well as the impact on the formation of Russian foreign policy ideology and Russia’s place in the global political system.
Keywords: neo-Eurasianism, classical Eurasianism, philosophical foundations, geopolitics, post-Soviet concept, identity, culture, integration, Russia, international relations.
Article bibliography
1. Asanaliev U. A., Bredikhin A. V. The role of the SCO for the EAEU countries in the modern period // Eurasian Law Journal. – 2024. – No. 4 (191). – P. 487-488.
2. Bredikhin A. V. Eurasian vector of development of the Russian Federation: exodus to the East // Bulletin of Moscow University. – 2023. – V. 29, No. 1. – P. 98-109.
3. Bredikhin A. V. Prospects for the participation of new states of the post-Soviet space in the processes of Eurasian integration // Arkhont. – 2017. – No. 2 (2). – P. 14-16.
PHILOSOPHY. LAW. SOCIETY
PLEKHANOV Nikolay Alexandrovich
applicant of Philosophy, political science and theology sub-faculty, P. P. Semenov-Tyan-Shansky Lipetsk State Pedagogical University
POSTMODERNISM: THE NEED FOR REFLECTION IN NEW SOCIO-CULTURAL CONDITIONS
The article examines the specificity and role of postmodern culture in the context of ongoing global changes in modernity of a socio-cultural and geopolitical nature. The paper presents and analyzes the arguments of postmodernists, indicating the exhaustion of the culture of the New Time. It is shown that these arguments, indeed, reflect the dynamics of the Euro-Atlantic socio-cultural development. However, it is concluded that postmodernists do not offer any projects for transformation and a way out of the current systemic crisis in return. The article makes a final conclusion about the exhaustion of postmodernism for the current stage of socio-cultural dynamics.
Keywords: postmodernism, philosophy of culture, socio-cultural transformation, systemic crisis, transitional era, crisis of culture.
Article bibliography
1. Kogai E. A. Social well-being of the population in the sociological dimension // Challenges of the modern world in the framework of social and humanitarian knowledge. In search of an alternative: materials of the II All-Russian scientific and practical conference. – Izhevsk: ISTU named after M. T. Kalashnikov, 2024. – P. 287-290.
2. Kolenko E. A., Fedyunina T. G., Arnautova A. M., Petunina O. A. The phenomenon of violence in the play by J.-P. Sartre’s “The Devil and the Lord God”: a cultural-philosophical analysis // Context and reflection: philosophy about the world and man. – 2024. – Vol. 13, No. 5-1. – P. 97-102.
3. Kretov D. V. The phenomenon of political identity in the modern socio-cultural space // Humanitarian studies in the context of modern socio-cultural transformation: materials of the XIII All-Russian scientific and practical conference. – Lipetsk: LSPU named after P.P. Semenov-Tyan-Shansky, 2024. – P. 48-51.
4. Romakh O. V. Editor’s column // Analytics of cultural studies. – 2016. – No. 1 (34). – P. 4.
5. Tarasov A. N. Culture: dynamics through transformations. – M: INFRA-M, 2024. – 240 p.
6. Tarasov A. N. Methodology for using the educational potential of the historical education ecosystem: from work experience // Philosophy and cultural studies: issues of theory and methodology: materials of the II All-Russian scientific and methodological conference. – Lipetsk: LSPU named after P. P. Semenov-Tyan-Shansky, 2024. – P. 105-108.
7. Tarasov A. N. Sociocultural transformation as a phenomenon of the dynamics of European culture: philosophical analysis: dis. … doctor of philosophy: 09.00.13. – Kursk, 2021. – 379 p.
PHILOSOPHY. LAW. SOCIETY
PRIMAK Artem Vitaljevich
student, Far Eastern Federal University, Vladivostok
VAKULENKO Anastasiya Olegovna
student, Far Eastern Federal University, Vladivostok
GUBINA Anna Olegovna
student, Far Eastern Federal University, Vladivostok
KOMAROV Alexander Mikhaylovich
student, Far Eastern Federal University, Vladivostok
BAZHENOVA Zlata Sergeevna
student, Far Eastern Federal University, Vladivostok
THE EVOLUTION OF CONFLICT THEORY IN PHILOSOPHICAL THOUGHT: FROM CLASSICS TO POSTMODERNISM
The article is devoted to the evolution of conflict theory in philosophical thought, from classical philosophy to postmodern approaches. It examines the development of views on conflict as an important philosophical phenomenon, its interpretation in the works of ancient thinkers such as Plato and Aristotle, in medieval philosophy, as well as in the works of the Modern era and the 19th century. Special attention is paid to the transformation of the concept of conflict in postmodern philosophy, where conflict ceases to be just a social or political phenomenon and becomes an important component of culture, language and knowledge. The work analyzes how various philosophical schools interpret the nature of conflict, its role in society, and its significance for understanding power, identity, and social dynamics.
Keywords: conflict theory, philosophy, classical philosophy, postmodernism, Plato, Aristotle, Marx, Foucault, Lyotard, social dynamics, power, identity, deconstruction.
Article bibliography
1. Lyotard J.-F. The Postmodern Condition: Rejection of the Grand Narrative / Translated from French by M. L. Galkovsky. – Moscow: Academichesky Proekt, 2005. – 320 p.
2. Derrida J. On Grammatology / Translated from French by M. L. Galkovsky. – Moscow: Academichesky Proekt, 2005. – 320 p.
2. Derrida J. On Grammatology / Translated from French by M. L. Galkovsky. – Moscow: Academichesky Proekt, 2005. – 320 p.
3. M. I. Levina. – M.: IF RAS, 1997. – 408 p.
3. Foucault M. To supervise and to punish: The birth of prison / Translated from French by M. A. Kiseleva. – M.: AdMargo, 2000. – 400 p.
4. Deleuze J., Guattari F. Anti-Oedipus: Capitalism and schizophrenia / Translated from French by Yu. M. Dubina. – M.: Canon + ROO, 2001. – 496 p.
5. Weber M. Economy and society: Essays on sociological theory / Translated from German by V. M. Golosov. – M.: Nauka, 1990. – 784 p.
6. Harrow J. W. Political conflicts in history: From theory to practice. – London: Routledge, 2002. – 320 p.
PHILOSOPHY. RIGHT. SOCIETY
SHEVCHUK Nikita Vladimirovich
assistant of Social work sub-faculty, postgraduate student of Philosophy and cultural studies sub-faculty, Ufa University of Science and Technology
FORMATION OF THE POLITICAL IDENTITY OF MODERN RUSSIAN YOUTH
The article examines the specifics of the formation of political identity among the modern youth of Russia. The interpretation of political processes and the attitude towards them in Russia has always taken into account the peculiarity of our country, which consists in the multi-confessional and multi-ethnic nature of the population. However, there is a significant difference between the current youth of Russia and previous generations: the rejection of realities in favor of online platforms.
Keywords: modern Russia, youth, political culture, political identity, online activism.
Article bibliography
1. Barsukova S. Yu., Zvyagintsev A. V., Laptieva L. S., Safiullina E. I. Motives for youth participation in election campaigns // Monitoring. – 2021. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/motivy-uchastiya-molodezhi-v-izbiratelnyh-kampaniyah (date of access: 10.06.2024).
2. Brodovskaya E. V., Huang T. Digital generation: civil mobilization and political protest of Russian youth // Monitoring. – 2019. – No. 5 (153). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/tsifrovoe-pokolenie-grazhdanskaya-mobilizatsiya-i-politicheskiy-protest-rossiyskoy-molodezhi (date of access: 10.06.2024).
3. Gudkov L., Zorkaya N., Kochergina E., Pipia K., Ryseva A. “Generation Z”: Youth during Putin’s rule // Bulletin of Public Opinion. Data. Analysis. Discussions. – 2020. – No. 1-2 (130). [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/pokolenie-z-molodezh-vremeni-putinskogo-pravleniya (date of access: 10.06.2024).
4. Rastorguev S. V. Modern studies of the political identity of Russian youth // Bulletin of the Financial University. – 2022. – No. 4. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sovremennye-issledovaniya-politicheskoy-identichnosti-rossiyskoy-molodezhi (date of access: 10.06.2024).
5. Shamionov R. M., Suzdaltsev N. V. The ratio of young people’s commitment to social activity on the Internet and physical space // Bulletin of RUDN University. – 2022. – No. 1. [Electronic resource]. – Access mode: https://cyberleninka.ru/article/n/sootnoshenie-priverzhennosti-molodezhi-k-sotsialnoy-aktivnosti-v-internete-i-fizicheskom-prostranstve (date of access: 10.06.2024).
6. Youth without Representation: The Absence of Young Adults in Parliaments, Kabinets, and Candidates // University of Michigan Press. – 2022 – P. 40-42.
INDEXING OF THE JOURNAL
International scientific and practical law journal Included in the VAK Ministry of Education and Science of the Russian Federation list
584 ВСЕГО, 11 СЕГОДНЯ