Russian-Asian Law Journal

LEGAL RESEARCH OF SOVEREIGNTY TO ENSURE THE ORIGINALITY AND LEADERSHIP OF RUSSIA (experience of scientific projects of the Law Institute of the Altai State University)

V. V. Sorokin — Wed, 29 Oct 2025 11:11:37 +0700

In this article, the author highlights the fundamental issue of the evolution of modern countries in theworld: the issue of sovereignty. For the Russian state, this is a matter of self-preservation and further distinctivedevelopment. As former sovereign states are transformed into globalization platforms, Russia is safeguardingthe independence of its state and legal existence. One of the universal means of the country's distinctivedevelopment is the legal provision of sovereignty. This article explores the contributions of scholars from oneof the leading legal centers in the Russian Federation to the creation of a legal model for the state sovereigntyof Russia and its friendly countries.

ENSURING ECONOMIC SECURITY OF THE DONETSK PEOPLE'S REPUBLIC: LEGAL ASPECT

I. F. Kharaberiush — Wed, 29 Oct 2025 11:05:35 +0700

The article examines the option of legal support for the economic security of the Donetsk People'sRepublic. Emphasis is placed on the insufficient study of the issue of implementing the strategy for ensuringthe economic security of the subjects of the Russian Federation and the need to adjust the Laws “On Security”of the Russian Federation and the DPR. It is argued that the Law “On Security” should be systemicallyimportant in the field of ensuring security for both the state and the region. It should contain the basicpriorities defined in the National Security Strategy of the Russian Federation, one of which is “economicsecurity”. The amended structure of the Law of the Donetsk People's Republic “On Security” and the structureof its chapter “Economic Security of the Donetsk People's Republic” are presented.

BRICS AS A CATALYST FOR TRANSFORMATION OF THE WORLD ORDER AND ONE OF THE VECTORS OF BELARUSIANFOREIGN POLICY

O. V. Stepanow — Wed, 29 Oct 2025 10:59:40 +0700

The article examines various aspects of the interaction of the Bela-rusian state within the framework ofthe international organization BRICS, which unites countries with different economic and political systems,but with a common goal — the creation of a more just and balanced world order. The article analyzes modern theoretical approaches regarding the legal category of “world (international) order”, and substantiates andpresents the author's point of view on this category.

JURY TRIAL IN THE RUSSIAN FEDERATION, REPUBLIC OF KAZAKHSTAN, KYRGYZ REPUBLIC: COMPARATIVE LEGAL ANALYSIS

N. A. Dudko, М. А. Неймарк — Wed, 29 Oct 2025 10:53:54 +0700

The article considers the issue of establishing a jury court as one of the important and most controversialcriminal procedural institutions of judicial reforms carried out in the member states of the Commonwealth ofIndependent States. The jury trial received the greatest recognition and application in the post-Soviet spacein the CIS member states of the Central Asian region: the Russian Federation, the Republic of Kazakhstan,and the Kyrgyz Republic. In the Russian Federation and the Republic of Kazakhstan, the jury is functioning,and in the Kyrgyz Republic it will be introduced from January 1, 2035.The article carried out a comparative legal analysis of the legal norms of the Russian Federation, theRepublic of Kazakhstan and the Kyrgyz Republic, regulating the procedure for production, powers andcomposition of the court when considering criminal cases with the participation of jurors. Common anddistinctive features of the trial with the participation of jurors are highlighted. Directions and prospects forimproving the trial with the participation of jurors in the Russian Federation, the Republic of Kazakhstan, andthe Kyrgyz Republic are outlined. It was concluded that the practice of considering criminal cases by courtswith the participation of jurors in the Russian Federation and the Republic of Kazakhstan can be used whendeciding on the establishment of a jury in other CIS member states.

ON THE NEED TO CREATE A TECHNICAL AND LEGAL MECHANISM TO PROTECT THE RIGHTS OF PURCHASERS OF REAL ESTATE IN THE TERRITORY OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF BELARUS

T. N. Dovbush — Wed, 29 Oct 2025 10:43:11 +0700

The article considers current issues related to the effective protection of the rights of individuals andlegal entities acquiring real estate in the territory of the Russian Federation and the Republic of Belarus. Inthe article, the author notes the importance of strengthening the foundations of national security of thesecountries through the creation of an effective mechanism that ensures the stability of civil circulation byprotecting the rights of real estate owners. The great importance of the participation of government agenciesin developing a balance of interests between the rights of real estate owners and other persons, including thoseaffected by fraudulent activities using Internet technologies, is emphasized. The need for timely detectionand suppression of destructive activities of fraudsters in the Internet sphere in the territory of the RussianFederation and the Republic of Belarus, which undermines the stability of civil circulation, is indicated. Theauthor notes the importance of counteracting these threats not only at the federal level, but also at the levelof regional and local authorities.Specific measures are proposed to create an effective mechanism for protecting the rights of purchasersof real estate

ECONOMIC CRIMINOLOGY AS A TOOL FOR ANALYZING THE SITUATION IN THE ECONOMY OF THE LUGANSK AND DONETSK PEOPLE'S REPUBLICS

N. L. Shelukhin — Tue, 28 Oct 2025 15:40:35 +0700

Legal integration in the Lugansk and Donetsk People's Republics goes through the creation of a systemof executive authorities and local self-government, a law enforcement system and justice bodies, as well asthe organization of their effective activities in accordance with federal legislation. Minimizing the numberof offenses in this area of the economy contributes to its restoration and helps stabilize civil society. Thecharacteristic features that contribute to the commission of economic offenses in the LDPR include: theopacity of economic decisions made, the lack of effective effective control over their implementation andfinancial support; an incompletely thought-out personnel policy with the appointment of top managersto the regional economy on a rotational basis; the degree of stratification of society, the formation of a newregional “elite”; internal and external migration; weakening control over the activities of small and mediumsized businesses.The article, from the point of view of economic criminology, examines the components of thecriminological characteristics of economic offenses: determinants of economic offenses and the crimesituation; the identity of the offender and the conditions conducive to the commission of economic offenses;forces and means to counter economic offenses; quantitative and qualitative indicators of economic offenses.The features of these components inherent in the new subjects of the federation are shown.It is concluded that the peculiarities of the state of the economy and the conduct of a special militaryoperation in the Donetsk and Lugansk People's Republics determine the criminological situation. Takinginto account the criminological situation in the economy in the Donetsk and Lugansk People's Republics, itis proposed to adopt a number of regulatory legal acts at the federal level.

ON THE CONTENT OF THE CONCEPT OF “DISTRIBUTION” AS A SIGN OF ILLEGAL PRODUCTION AND CIRCULATION OF PORNOGRAPHIC MATERIALS OR OBJECTS

N. V. Tydykova — Tue, 28 Oct 2025 15:33:41 +0700

An analysis of the practice of applying Article 242 of the Criminal Code of the Russian Federationdemonstrates the complexity of defining the content of the term “distribution”. The emerging law enforcementpractice of recent years adheres to a broad approach, including in the content of the concept under considerationand cases of sending pornographic materials to one person. However, it seems possible to include in the rangeof manifestations of the act under consideration only those that lead to harm to the object of the crime underconsideration — public morality. It is proved that public morality can be violated only by actions that gobeyond the interaction and personal relations of two individually defined persons. A negative assessment isgiven of the approach currently in practice, within the framework of which the criminal-legal assessment of the actions under consideration is made dependent on the presence or absence of intimate relations betweenpersons, since the establishment of such circumstances, which is mandatory for making a qualificationdecision, is a factor in the violation of the constitutional right to privacy, personal and family secrets. Theauthor argues that when pornographic material is transferred by one person to another individually identifiedperson, its further non-dissemination may be associated with personal relations of a different nature (friendly,official, etc.). Therefore, distribution as one of the manifestations of the objective side of the crime providedfor in Article 242 of the Criminal Code of the Russian Federation is capable of causing harm to the objectof this crime only when the relevant material or object is transferred to a group of persons or an unlimitednumber of persons, which is achievable both when transferred to one person in cases where, as a result of this,other persons or an unlimited number of persons also receive the opportunity to use the object or material.

CRIMINAL LAW CATEGORY “CIRCUMSTANCES EXCLUDING THE CRIMINALITY OF THE ACT”

Е. Е. Melyukhanova — Tue, 28 Oct 2025 15:28:52 +0700

The article discusses the concept, features, and significance of the criminal law category “circumstancesthat exclude the criminality of an act”. The author draws attention to the fact that privileged criminal offensesfor violating the conditions of the legality of causing harm are provided for only two circumstances, while thecircumstances that mitigate punishment include all the circumstances from Chapter 8 of the Criminal Codeof the Russian Federation. The author considers this approach to be inconsistent and unjustified, causingproblems in law enforcement. The article provides an analysis of law enforcement errors related to theconsideration of mitigating circumstances when a person is convicted of committing crimes under privilegedcriminal offenses for violating the conditions of lawful harm. The author concludes that errors in judicialpractice can be eliminated by eliminating the conflict between Articles 108 and 114 of the Criminal Code ofthe Russian Federation and Part 1, Paragraph 1 of Article 61 of the Criminal Code of the Russian Federation,by excluding privileged crimes from the current criminal law when the conditions for the legality of causingharm are violated, and by providing for special rules for sentencing in the presence of circumstances thatexclude the criminality of an act. According to the author, the criminal law should provide for a rule accordingto which the violation of the conditions for causing harm in the presence of circumstances that exclude thecriminality of the act entails a change in the category of the crime to a less serious one by two categories.

CRIMINOLOGICAL AND PENITENTIARY ASPECTS OF THE STUDY OF THE PERSONALITY OF WOMEN WHO COMMITTED CRIMES

E. V. Kunts — Tue, 28 Oct 2025 15:24:04 +0700

The article argues that the problems of female crime and the criminal personality cannot be consideredon the basis of official statistics alone due to a number of reasons, including differences in defining women'scriminal behavior, the specifics of discretion in law enforcement, specific methods of operational work, andthe latent nature of the crime. The personality of a female criminal should be considered taking into accountthe specific historical conditions of life, the content of the personality, its moral ideas and concepts, and habits.Only taking into account the above criteria can the personality of a female criminal be vital, and the resultsof scientific research can serve practice

PROCESS OF PROOF AND ASSESSMENT OF EVIDENCE: SOVIET AND MODERN EXPERIENCE

V. Yu. Golubovsky — Tue, 28 Oct 2025 15:19:35 +0700

The article states that criminal procedure legislation needs to be revised and optimized for the means andmethods of proof, taking into account the transition of society to the digital sphere. There is a need to reviseinvestigative actions and mechanisms for their implementation. Proof is the main task of criminal proceedings,since the collection, verification and evaluation of evidence are the basis of the entire criminal case. At thesame time, the process of proof must meet the requirements of modern society, which also falls within thecompetence of the employees of the preliminary investigation bodies.

VIOLENCE AS A QUALIFYING SIGN OF THE USE OF SLAVE LABOR

E. O. Voronkova — Tue, 28 Oct 2025 15:15:03 +0700

The work is devoted to a comprehensive analysis of violence as a qualifying sign of a crime under Article127.2 of the Criminal Code of the Russian Federation. The article examines various types of violence thataffect the qualification of an act, which emphasizes the need to establish a causal relationship between theactions of the perpetrator and the forced labor of the victim. The issue of “indirect violence” is consideredas a specific type of coercion that is not related to direct physical impact, but has a significant impact on thevictim's free will. The complexity of proving indirect violence is emphasized, which requires establishing thevictim's dependence, the purposeful use of circumstances by the perpetrator and the lack of a real alternativefor the victim, and the need for further study is noted.The main forms of indirect violence are revealed, as well as the importance of identifying and suppressinghidden violence in order to effectively combat slave labor and protect human rights.

THE LEGAL NATURE OF THE “ESTOPPEL” CATEGORY: PRINCIPLE, RULE, OR OTHER PHENOMENON

A. A. — Tue, 28 Oct 2025 15:09:48 +0700

This article examines the nature of such a category as “estoppel” using the method of generalization, aswell as comparative analysis. Based on the analysis and generalization of the norms of law and law enforcementpractice, the author will try to answer what this phenomenon is: a principle, rules, or a completely differentphenomenon.

АКТУАЛЬНЫЕ АСПЕКТЫ ПРАВОПРИМЕНИТЕЛЬНОЙ ПРАКТИКИ В СФЕРЕ ЗАЩИТЫ ПРАВ ПОТРЕБИТЕЛЕЙ ФИНАНСОВЫХ УСЛУГ

E. Y. Kovalenko — Mon, 27 Oct 2025 16:22:15 +0700

The purpose of this study is to analyze modern aspects of law enforcement practice in the field ofprotecting the rights of consumers of financial services and to substantiate the need to improve legal regulationin this area. For this purpose, an analysis of cases of violation of the rights and legitimate interests of clientsin the financial services market is carried out, and the features of the application of legal norms by bodiesauthorized to control this area are studied. Using the inductive method, the authors come to the conclusionthat, despite changes in the legislation of the Russian Federation, the current legal regulation requires furtherimprovement. The systemic-structural approach allows us to illustrate the established practice of concludingcontracts for financial services, which often includes unreasonable restrictions, as well as manifestations ofunfair practices on the part of financial institutions that violate consumer rights. A critical analysis of thepositions of courts and government agencies in relation to consumer protection legislation demonstrates thatthe process of concluding consumer lending contracts should ensure the security of remote banking servicesand guarantees of customer rights. Given the ongoing unfair behavior of market participants, it is necessaryto develop effective mechanisms to protect consumer rights. The results of the study can be used to improvethe legal and financial literacy of the population.

PRIVATE LAW REGULATION OF INTELLECTUAL PROPERTY IN THE SYSTEM OF LEGAL MEANS OF ENSURING TECHNOLOGICAL SOVEREIGNTY OF RUSSIA

Yu. Yu. Ilyukhina — Mon, 27 Oct 2025 16:14:50 +0700

The article provides an overview analysis and a systematization of the existing private law normsgoverning the relations that arise between participants in the technological process at various stages of thelife cycle of a technological policy product. The conclusion about the key role of private law regulation ofintellectual property in the system of legal measures to ensure technological sovereignty is substantiated.

ON A NEW SUBJECT INCIVIL LAW

Ю. В. Блинова — Mon, 27 Oct 2025 16:09:45 +0700

Within the framework of this article, it seems appropriate to analyze the currently existing approachesto the legal capacity of AI, models of legal capacity of AI, assess the risks and indicate potential ways ofdeveloping domestic legislation. The author concludes that today in the Russian Federation AI is qualified atthe legislative level exclusively from the position of alaw object — a set of technological solutions, technologies,means, which does not prevent the scientific community from proposing other approaches and models for theprospect of the emergence of the so-called strong AI. At the same time, it seems that the consideration of AI asa law subject is a deferred action in time, and with the increase in its autonomy, the question of redistribution,for example, tort liability will arise, including one can expect a preferential assignment of certain types ofproperty to AI compared to the traditional one.

DIGITAL INFRASTRUCTURE AND CYBERSECURITY AS FUNDAMENTAL COMPONENTS OF STRATEGIC TECHNOLOGICAL INDEPENDENCE

Yu. P. Khamutovskaya — Mon, 27 Oct 2025 16:04:41 +0700

This article examines digital infrastructure and cybersecurity as key elements of a state's strategictechnological independence. It analyzes the interdependence between the development of sovereign digitalinfrastructure and cybersecurity as part of the development of technological sovereignty. It also examinesinternational and Russian experience in protecting critical information infrastructure. It emphasizes the needfor a comprehensive approach to ensuring technological independence through the development of domesticsoftware and hardware solutions, as well as cybersecurity systems.

TO THEORETICAL DEFINITION OF THE CONCEPT OF “DEGRADATION OF WATER BODIES”

F. P. Rumyantsev, Yu. N. Zvereva — Mon, 27 Oct 2025 15:05:50 +0700

The article reveals the problem of qualification of offenses expressed in pollution of water bodies as aresult of discharge of wastewater or other types of pollutants due to non-compliant treatment facilities ofeconomic entities. The article points out the practical significance of the explanations of the Presidium of theSupreme Court of the Russian Federation contained in the “Review of judicial practice on the applicationof environmental legislation” dated June 24, 2022, recommending that the facts of exceeding the maximumpermissible concentration in wastewater be qualified as sufficient legal grounds for recognizing this act asan offense leading to the degradation of a water body. The author's version of the definition of the concept of“degradation of a water body” is proposed for use in law enforcement practice.

POLITICAL TECHNOLOGIES AS A MEANS OF STRENGTHENING THE SOVEREIGNTY OF THE RUSSIAN FEDERATION

Ya. A. Konovalchikov — Mon, 27 Oct 2025 14:55:18 +0700

The author examines the role of political parties in strengthening the political independence of theRussian Federation and analyzes the impact of political technologies on the sovereignty of the state. Using ahistorical perspective, the author compares two periods: the establishment of Russia as a democratic federalstate in the 1990s, governed by the rule of law, and the current period, when Russia is seeking to protect itsnational identity and constitutional values. Legislative regulation of political technologies is a difficult task,since political technologies often use methods of psychological manipulation. Currently, virtual space isactively used in political activities. In recent years, there has been an increase in the popularity of populistparties and parties of the median voter, which lack a clear political ideology. This may negatively affect thepolitical independence of the State. It is essential to address the issue of enhancing the political independenceof the state. To this end, a comprehensive approach should be adopted. Additionally, it is crucial to strengthenmeasures to ensure the legitimacy of political contestation between political parties.

PROBLEMS OF LEGAL PROTECTION IN THE INVESTIGATION OF CASES OF ADMINISTRATIVE OFFENSES

O. I. Zakharova — Mon, 27 Oct 2025 14:49:16 +0700

The current system of administrative procedural legislation faces a number of significant challengesthat hinder the effective protection of the rights of citizens and organizations. This article examines thekey challenges in ensuring procedural guarantees for the protection of individuals who are subject toadministrative liability, and proposes ways to improve the legislation. The analysis is based on the currentlegislation of the Russian Federation, judicial practice, and international standards for fair trial proceedings,and suggests improvements to the legislation. Special attention is given to issues related to jurisdiction, thepowers of the defense attorney, the assessment of significant flaws in the protocol, and the feasibility ofseparating administrative investigations into a separate form of legal proceedings

CURRENT CHALLENGES AND THREATS TO INFORMATION SECURITY IN RUSSIAN SOCIETY AND LAW OF THE 21ST CENTURY

I. A. Voronina — Mon, 27 Oct 2025 14:42:06 +0700

The article examines the dynamic changes in the field of information security faced by the RussianFederation at the present stage, as well as analyzes the key factors shaping the threat landscape in the 21stcentury, including rapid digital transformation, geopolitical tensions and the evolution of cybercrime.The categories of threats are highlighted and characterized in detail: technological, socio-psychological,geopolitical and economic. Special attention is paid to the role of Russian law in ensuring information security,the characteristics of existing legislative acts and challenges in their practical application, and the directionsfor further improvement of the protection system are proposed.

DEVELOPMENT OF THE LEGAL FRAMEWORK IN THE PROCESS OF FORMATION OF TECHNOLOGICAL SOVEREIGNTY OF RUSSIA

S. I. Mezhenskaya, И. А. Топольскова — Mon, 27 Oct 2025 14:37:55 +0700

Due to the ongoing changes in the political, economic, social and other spheres of life in Russia, the issueof technological sovereignty is becoming one of the important problems. In this regard, special attentionshould be paid to the formation of a legal framework for its provision. The article examines the main stagesof the development of the legal framework of technological sovereignty and suggests directions for its furtherimprovement.

TECHNOLOGICAL SOVEREIGNTY IN THE ERA OF POSTGLOBALIZATION

O. E. Zatsepina — Mon, 27 Oct 2025 14:31:01 +0700

The article examines the concept, essence and features of the formation of the concept of technologicalsovereignty in the context of the tense geopolitical situation that exists at present. The theories that contributeto the limitation of the sovereignty of individual countries in the era of globalization are considered. It is notedthat sovereignty is a complex concept that manifests itself in all spheres of life: political, social, spiritual andeconomic, and that one of the main aspects of the economic sphere at present is the technological aspect. It isindicated that due to the imposed theory of comparative advantages and the concept of free markets, whichoriginally arose in the countries of the Anglo-Saxon legal family, the problems of technological sovereigntyand technological security have not been developed in the countries of the former USSR for the last thirtyyears. Various interpretations of the concept of “technological sovereignty” in Russia and Western countriesare analyzed, and a conclusion is made about the correctness of defining technological sovereignty at thecurrent stage of Russia's development through the protection of national interests, the growth of the state's selfidentity, its independence from external influences while developing its own technologies, and not through adynamic equilibrium that characterizes the interdependence of states on each other.

THE LEGAL CULTURE OF ENGINEERING AND TECHNICAL WORKERS AS A FACTOR IN ENSURING RUSSIA'S TECHNOLOGICAL SOVEREIGNTY

V. S. Grishin — Mon, 27 Oct 2025 14:17:39 +0700

The article considers legal culture as a necessary condition for the formation of technological sovereigntyof the state. The concept of legal culture is clarified, the levels of legal culture of an engineering and technicalemployee are determined, and deformations of legal behavior caused by a low level of legal culture and posinga risk to the technological sovereignty of the country are identified. An analysis of the system of regulationsfor additional education has been carried out, and an extensive list of requirements for the legal culture ofan engineering and technical employee of an aircraft maintenance organization has been determined. Theauthor concludes that legal culture is essential as a factor in the sustainable development of the individual,society and the state.

HISTORIAN OF LAW N.N. DEBOLSKY (1869–1903) AND HIS LEGACY

R. D. Gilev — Mon, 27 Oct 2025 14:12:30 +0700

The article discusses issues related to the biography and activities of N.N. Debolsky, a well-known legalhistorian of the late 19 th and early 20 th centuries.The author notes the importance of the scientific legacy of N.N. Debolsky, through studying his scientificworks. As a representative of the historical and legal school of Russian law, a student of V.I. Sergeevich and N.V. Duvernois, emphasizes the biographies and main works of the members of the Debolsky family, whoinfluenced his worldview and formation as a scientist.The high level of N.N. Debolsky՛s historical and legal thought for the development of traditional Russianvalues is emphasized. The necessity of modern study of his methodological approaches in the history ofRussian civil law is pointed out and a brief overview of his scientific works is given.N.N. Debolsky՛s special contribution is related to the study of the concept of civil capacity in Russianlaw. He subjects the issues of capacity to a historical and legal analysis in various periods of the formationof Russian law. By researching and analyzing the sources of Russian legislation before the 17 th century, heestablishes the dependence of individuals on various circumstances as a criterion of will. N.N. Debolskyindentifies the following circumstances: gender, age, health, social status, and others. His work is virtually theonly one among the civil law dissertations of the universities of the universities of the Russian Empire devotedto the capacity under Russian law

WORK AND THINK OPERATIONALLY: TO THE ANNIVERSARY OF PROFESSOR SERGEY IVANOVICH DAVYDOV

E. N. Petukhov, N. A. Dudko, M. A. Neymark — Tue, 08 Jul 2025 12:20:15 +0700

In 2025, one of the leading Russian scientists in the field of the theory of operative-search activity, Doctor
of Law, Professor, Colonel of Police (retired) Sergey Ivanovich Davydov celebrates his 70th anniversary.
He made his way up from Criminal Investigation Officer to Deputy Head of the Criminal Investigation
Department at the Altai Territory Department of the Internal Affairs. He then headed the Department of
Operational and Investigative Activity at the Barnaul Law Institute of the Russian Ministry of the Internal
Affairs, before becoming head of the Department of Criminal Procedure and Criminalistics at Altai State
University. He is currently a professor in both of these departments. One of the main topics of S.I. Davydov, to
which he has been paying attention for many years, is operational investigative activity. The article is devoted
to the professional and scientific activity of Doctor of Law, Professor S.I. Davydov. The main directions of
his scientific work are presented, and his professional contribution to the development of criminal law and
legal education.

JURY TRIAL 30 YEARS: FORMATION AND DEVELOPMENT (REVIEW OF THE RESULTS OF THE ALL-RUSSIAN ROUND TABLE)

S. I. Davidov, N. A. Dudko, M. A. Neymark, E. N. Petuchov — Tue, 08 Jul 2025 12:14:53 +0700

On May 24, 2024, the Department of Criminal Procedure and Criminalistics of the Law Institute of Altai
State University held the All-Russian Round Table “Jury Trial for 30 Years: Formation and Development.”
The round table was attended by well-known scientists in the field of criminal proceedings, as well as judges,
prosecutors and investigators, lawyers. The roundtable participants were presented with information about
the first criminal case considered in the Altai Regional Court with the participation of jurors in 1994. The
reports of the participants are based on an analysis of the practice of considering criminal cases with the
participation of jurors in various regions of the Russian Federation and contain proposals for the development
and improvement of criminal proceedings considered by the court with the participation of jurors.

PEOPLES AND NATIONS FIGHTING FOR INDEPENDENCE AS SUBJECTS OF INTERNATIONAL LAW

A. G. Uporov — Tue, 08 Jul 2025 10:59:04 +0700

The article analyzes the legal status of peoples and nations fighting for independence as subjects ofinternational law. Special attention is paid to the historical evolution of the principle of self-determination,starting with its consolidation in the UN Charter and the Declaration on the Granting of Independence toColonial Countries and Peoples. The article examines the conceptual issues of the difference between theconcepts of «people» and «nation», as well as discussions about the legal personality of these collectiveentities. The author examines various scenarios for the realization of the right to self-determination, includingexamples of peace negotiations, armed conflicts and economic struggle for control over natural resources. Thedifficulties of recognizing peoples and nations as subjects of international law, including legal, political andeconomic barriers, are emphasized. In conclusion, the ways of improving international legal regulation aimedat eliminating contradictions and supporting young states are proposed. The work is of practical importancefor studying issues of national sovereignty and international stability.

GENERALLY RECOGNIZED PRINCIPLES AND RULES OF INTERNATIONAL LAW: ISSUES OF APPLICATION WITHIN THE RUSSIAN LEGAL SYSTEM UNDER RESOLVING CIVIL LAW CASES

V. N. Lisitsa — Tue, 08 Jul 2025 10:53:40 +0700

The article addresses legal problems in understanding the content of generally recognized principles andrules of international law and the procedure for their application in resolving civil law cases in the courts of theRussian Federation. It is argued that at the present stage of their extremely insufficient regulation in relationto private law relations, they are not able to be a full-fledged (independent) source of private law due to theambiguity in their content and their legal force, no need to supplement the basic principles of the domesticcivil legislation, as well as their original purpose for regulating primarily inter-governmental relations, sothat their direct application in the private law sphere, according to the constitutional law principle of legalcertainty, reduces the effectiveness of civil justice and therefore seems impractical, which, however, does notexclude their use in other legal spheres.

JUSTICE AS A VALUE OF THE CURRENT LAW OF THE REPUBLIC OF KAZAKHSTAN

G. T. Bayrkenova, J. E. Sadykanova, S. V. Voronin — Tue, 08 Jul 2025 10:47:05 +0700

Justice has moral, social and legal significance. The study of this category has led to an understanding of justice as the main moral category that affects various aspects of both public life and the life of every person. Justice is expressed in law, which makes the legal regulation of public relations fair and morally justified. A fair lawmakes it possible to achieve social justice. The moral principle of justice provided for in law turns it into a moral and legal imperative. The transformation of the moral category of justice into the legal one occurs in the process of law-making in order to establish a just social order. Social justice forms social statehood, which meansthat the state is obliged to pursue social policy and be responsible for ensuring a decent life for every person.The principle of social justice is not directly reflected, but it is embedded in manyConstitutions implementedin government decisions based on the idea of justice, related to the concept of human rights and the rule of law.

PECULIARITIES OF PUTTING FORWARD INVESTIGATIVE VERSIONS IN CRIMINAL CASES RELATED TO VIOLATION OF SAFETY RULES DURING MINING OR CONSTRUCTION WORKS *

A. T. Sadvakassova — Mon, 07 Jul 2025 17:05:31 +0700

The article highlights the urgent problem of making investigative versions in criminal cases related toviolation of safety rules in mining or construction works. The author emphasizes the importance of this topicin the context of the Concept of Safe Labour of the Republic of Kazakhstan for 2024–2030, developed on theinitiative of the President of the country to reduce occupational injuries. The author analyses in detail howinvestigative versions form the basis for the investigation of crimes, providing a fundamental tool for revealingthe true circumstances of incidents. The peculiarities of constructing and testing investigative versionsin criminal cases under consideration are highlighted, emphasising their role in guiding the investigationprocess and helping investigators to establish the true picture of the accident. The material presented offers keyrecommendations for law enforcers aimed at enhancing the effectiveness of criminal cases involving violationsof safety rules in the mining and construction industry.

CRITERIA FOR ASSESSING THE INSIGNIFICANCE OF AN ACT IN COUNTERING THE SPREAD OF FAKES BY CRIMINAL LAW MEANS

A. N. Saburov — Mon, 07 Jul 2025 16:59:36 +0700

xThe new crimes contained in Articles 2071, 2072, 2073 and 2803, introduced into the Criminal Code ofthe Russian Federation since 2020, are designed to counter the dissemination of the so-called «fakes», thatis, deliberately false socially significant information that carries a social danger. Based on the generalizationof the practice and comments of the highest judicial authorities, the essence of the social danger of crimes isrevealed. This article analyzes the objective and subjective criteria for determining the social danger of crimesand the insignificance of acts, as well as the law enforcement practice of their use regarding «fake crimes» anddiscrediting the Armed Forces of the Russian Federation, actions and decisions of government bodies. It isindicated which criteria should be paid attention to when deciding on the «minor significance» of such crimes.A conclusion is made about the difficulty of applying subjective criteria for establishing the insignificance ofacts due to the small number of criminal cases under the specified articles of the Criminal Code of the RussianFederation and the lack of practice of applying Part 2 of Art. 14 of the Criminal Code of the Russian Federation

THE EFFECTIVENESS OF THE CRIMINAL LAW: THE EVOLUTION OF RESEARCH, WAYS TO SOLVE PROBLEMS

V. I. Plokhova — Mon, 07 Jul 2025 16:52:19 +0700

As a result of the assessment, the available studies of the effectiveness of various criminal law phenomena
revealed unacceptable ones (ignoring goals, qualitative indicators, etc.). and progressive provisions to be used
in the study of the effectiveness of any legal phenomena. Methods of economic analysis, for example, are
of interest to researchers of criminal law from the standpoint of the economic state of society, to determine
the facet of criminal-criminal in economic crimes, to predict the effectiveness of criminal law. The use of
AI complements traditional ways of assessing the effectiveness of legal phenomena with modern tools and
new methods for calculating quantitative indicators. It is also concluded that to date, the institute of the
effectiveness of the criminal law has not been sufficiently studied: many issues are debatable, others have not
been noticed or evaluated; the disparity of research on various aspects, levels of effectiveness of the criminal
law, law, and its structural elements is obvious. A complete picture of the effectiveness of the criminal law can
be provided by a study of effectiveness in relation to each and every element of it: the overall effectiveness of
the criminal law, institution, group of norms, corpus delicti, punishment; disposition, sanctions; in relation to the qualitative and quantitative side of this institution; at all stages of life norms (justifications of the criminal
law): lawmaking, implementation — application, execution (criminalization, penalization, etc.). They are not
the same for different levels of research on the effectiveness of the criminal law, they are specific at each stage

PROPERTIES OF SOCIAL DANGER AS A BASIS FOR CRIMINALIZATION

A. A. Korennaya — Mon, 07 Jul 2025 16:46:50 +0700

Social danger refers to universal categories of criminal law. The nature and degree of social danger aretraditional grounds for penalization of acts, differentiation of criminal liability, identification and recordingof conditions for exemption from criminal liability. However, it is most clearly manifested in the initialformulation of a criminal-legal prohibition. Being a concept of a high level of abstraction in the process oflaw enforcement, it is objectified, which ideally should be reflected in the texts of explanatory notes to bills,where the reasons for recognizing this or that deviant behavior as criminal are formulated. However, this isdone extremely rarely. To formalize the rule-making process, it seems necessary to determine the essence ofsocial danger, which is methodologically correct to do by studying the properties of social danger. In this paper,based on a systemic analysis of the doctrine of criminal law and law enforcement practice of the SupremeCourt of the Russian Federation, the author identifies four properties of social danger: industry affiliation,differentiation into legislative and law enforcement, abstract possibility, harmfulness. The combination of thenamed properties allows, in turn, to formulate a thesis about the essence of social danger as an exclusivelycriminal-legal category, which serves as the only basis for criminalization and decriminalization of acts.

CIVIL SOCIETY INSTITUTES IN THE SYSTEM OF MEASURES TO PROPAGANDA RUSSIAN SPIRITUAL AND MORAL VALUES, PREVENTION OF DESTRUCTIVE IDEOLOGIES AMONG YOUTH: REGIONAL ASPECT

A. P. Detkov, V. A. Mazurov, M. A. Starodubtseva — Mon, 07 Jul 2025 16:40:04 +0700

The article examines the legal basis for preserving and strengthening traditional Russian spiritual andmoral values and counteracting the spread of destructive ideology in Russia. The authors note the need tounite existing public preventive organizations in the regions into a single system using the example of AltaiKrai. The article summarizes the results of the analysis of the effectiveness of public organizations of the AltaiTerritory, on the basis of which the authors identified some positive trends in educational and preventive,military-historical and patriotic work, shortcomings and developed proposals for their neutralization.A positive trend is noted in the participation of public organizations of the Altai Territory in educationaland preventive, military-patriotic work, giving this activity a more coordinated, organized character aimedat consolidating public organizations of the Territory with executive authorities, law enforcement agencies,scientific and educational organizations. The authors consider it appropriate to organize and conducta scientific study, analyze the practice of propaganda and counter-propaganda also in the information sphere.For these purposes, it is advisable to conduct a number of events to study public opinion, the opinions ofscientists, students, practitioners — webinars, surveys, discussions and a number of other events aimed atstudying and analyzing regulatory and official sources, the practice of this work.

LEGAL REGULATION OF FOREIGN ECONOMIC ACTIVITY OF THE RUSSIAN FEDERATION IN THE ASIAN REGION

E. Y. Kovalenko, A. I. Gretsov — Mon, 07 Jul 2025 16:32:55 +0700

The countries of the Asian region are of great importance for cooperation in the political, economic,cultural and humanitarian spheres. The Russian Federation has developed relations of mutual respect andpartnership with many Asian countries. A regular dialogue has been established at the highest level, whichimplies constructive and mutually beneficial relations. And today it is especially important to cooperate withAsian countries in order to weaken and bypass pressure from Western countries. The authors of the articleexamined the legal regulation of Russia's foreign economic activity in the Asian region in order to assess thecurrent development of foreign economic cooperation in this region. For the normal development of bilateralrelations, especially against the backdrop of rapidly growing global tensions, it is important to establish clearrules for regulating the conduct of international commercial transactions at the government level. Governmentstructures of Asian countries and state authorities of Russia will play a primary role in these processes.However, for this purpose it is also possible to involve the community of scientists, individual specialistsand organizations working in the field of relations between Russia and Asian countries. At the same time,Russia can act here as a leader of Eurasian integration, continuing to develop relations with Asian countries, drawing into its orbit those countries with which relations are still at an insufficiently high level. For example,through the creation of an integrated energy complex, implementing joint projects in the energy and othereconomically important areas.

PROBLEMS OF LEGAL REGULATION OF BLOCKED BUILDINGS

О. Yu. Vinter, D. V. Piatkov — Mon, 07 Jul 2025 16:27:24 +0700

The article considers a blockaded house as a type of residential building. The authors investigate thehistorical conditions of the emergence of blockaded houses in foreign countries, as well as analyze the reasonsfor the increased popularity of blockaded houses at the present time. The activity of homeowners aimed atthe transformation of existing residential buildings into blockaded houses is noted, which is explained by thecomfort of autonomous living and the peculiarities of the land use regime. The problematic issues that arisein the process of identifying a real estate object as a blockaded house are outlined. The paper considers themain signs of blockaded houses. In order to identify the most significant features that distinguish a blockadedhouse from other types of residential buildings, the authors compare apartment buildings and residentialbuildings. The volume and type of common property, as well as the mode of use of the land plot under thehouse, stand out as the most important features distinguishing a blockaded house from an apartment building.The problems of insufficient legal regulation of the considered sphere of legal relations under considerationare identified.

ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS ON THE EXAMPLE OF LABOR DISPUTES WITH REMOTE WORKERS

J. E. Vasilenko — Mon, 07 Jul 2025 16:20:30 +0700

In the 21st century, digitalization is penetrating all areas of our lives, bringing changes both to the dailyroutine and to key aspects of social activities. Every year our world is more and more enveloped by thenetwork of digital technologies, changing the way people live, methods of work, social relations and the lawin general. Today's changes in the field of labor lead to the fact that electronic evidence often becomes a keyelement in resolving disputes, having the opportunity to provide an objective picture of events. With the helpof digital evidence, it becomes possible for the court to obtain an objective idea of the events and actions of the parties, which significantly increases the effectiveness and fairness of justice. However, with the advent ofnew technologies, new difficulties arise associated with the legal regulation of the use of electronic evidence. Inthe article, the author analyzes some problems in the field of legal regulation of the use of electronic evidencein civil proceedings, law enforcement practice, and also proposes ways to improve legislation in this area.Conclusions are drawn about the need to separate electronic evidence into separate types, as well as to expandthe circle of persons capable of certifying electronic evidence

CONCEPTUAL AND LEGAL FOUNDATIONS FOR THE DEVELOPMENT OF INTEGRATION CONSTITUTIONALISM IN LINE WITH THE IDEAS OF CONSTITUTIONALISM: RUSSIAN AND BELARUSIAN EXPERIENCE

N. S. Minko — Mon, 07 Jul 2025 13:48:18 +0700

The article presents the scientific and legal discourse on the problems of constitutionalism and integrationconstitutionalism taking into account the Belarusian experience of integration development (construction).The peculiarities of the constitutionalism system and the specifics of integration constitutionalism arenoted, as well as new directions of constitutional-legal research are pointed out. The necessity of singlingout the state-legal model of integration development of Belarus in the Eurasian space when developing thetheory of constitutional-legal integration development of Belarus in the Eurasian space is substantiated. Themethodological basis of the present work was the formal-logical method (for the adequate assessment ofthe existing relationships and regularities within the object of research, construction of reliable inferences,etc.); dialectical; systemic; comparative-legal methods; formal-legal method as a basis for the legal study ofnormative material; method of interpretation; legal modeling and others.

PROBLEMS AND PROSPECTS OF CITIZENS' PARTICIPATION IN LOCAL GOVERNMENT IN THE CONTEXT OF CHANGING LEGISLATION

O. L. Kazantseva — Mon, 07 Jul 2025 13:37:45 +0700

The relevance of the research topic is due to the transformation of the foundations of local self-government,which began with the constitutional reform of 2020 and was continued by the adoption of a new Federal Lawdated 03/20/2025 No. 33-FZ “On the general principles of organizing local self-government in a unified systemof local self-government.” state power”, the analysis of which demonstrates a clear reduction in the forms ofdirect implementation of local self-government by the population and participation in it. Despite the openlist of these forms, there are not so many effective and really in demand among citizens. Given that local selfgovernment is the most important democratic institution that allows the population to participate in theexercise of State power at the grassroots level, it is necessary to assist citizens and involve them in solvingissues of local importance in order to effectively implement them. This is possible due to clear legal regulationand informing citizens about the real forms of participation in local government.

THE ROLE OF THE PROSECUTOR'S OFFICE OF A CONSTITUENT ENTITY OF THE RUSSIAN FEDERATION IN ESTABLISHING A TRIPARTITE SCHEME OF INTERACTION BETWEEN LOWER PROSECUTOR'S OFFICES AND PUBLIC AUTHORITIES (ON THE EXAMPLE OF ALTAI KRAI)

E. A. Alekseenko — Mon, 07 Jul 2025 13:33:21 +0700

The procedure, ways and methods of implementation by the Prosecutor's Office of the Russian Federationof the functions and powers recognised to it are determined by the unique position of this state body in thesystem of public authorities. Meanwhile, it is impossible to obtain significant results in the context of thevastness of the powers attributed to the competence of this state body without interaction with other publicauthorities.Interaction is a special form of activity, introduced through departmental normative legal acts in the formof direct or recommendatory instructions on its implementation.In the article on an example of work of prosecutor's office of Altai territory the review of the establishedorder of realisation by prosecutor's office bodies of district level of interaction with the state bodies which donot have the territorial representation in districts of the city and rural areas is given. A brief interpretation ofthe reasons and prospects for the development of the mechanism of interaction between these subjects is given.

PENAL UNITS OF THE RED ARMY. LEGAL STATUS AND PERSONNEL

D. Р. Potapov — Mon, 07 Jul 2025 13:27:37 +0700

The article is devoted to some issues of the legal status and staffing of penal units of the Red Army during
the Great Patriotic War, their composition and combat use.

ON THE TRADITIONAL (RELIGIOUS) APPROACH TO THE INTERPRETATION OF THE ESSENCE AND VALUE OF LAW

R. V. Nasyrov — Mon, 07 Jul 2025 13:23:03 +0700

The question of traditional (religious) approach to understanding the essence and value of law (formallaw) is considered. The necessity of in-depth and unhurried study of theological and philosophical texts thatreveal the purpose of the state and the law in public life is emphasized. It is grounded that following the “spiritof law” does not mean denying the “letter of the law”; there should be a general attitude — if the claims aremoral and just, but it is necessary to realize them without violating the legal form required by the law.

HISTORICAL AND LEGAL FOUNDATIONS OF THE FORMATION AND DEVELOPMENT OF CUSTOMS AUTHORITIES OF THE REPUBLIC OF BELARUS

O. A. Blinova — Mon, 07 Jul 2025 13:18:27 +0700

Modern development of customs authorities of any state is impossible without studying the historicaland legal foundations of their formation. The emergence of customs activity, as a rule, is always associatedwith the development of a particular state. The formation of customs authorities of the Republic of Belarushas a rich history, which has a significant impact on the functioning of customs authorities of the Republicin the implementation of priority tasks to ensure economic security and international cooperation within theEurasian Economic Union.

LEGAL EDUCATION OF MINORS

D. V. Abakumova, A. S. Sokolov — Mon, 07 Jul 2025 13:13:09 +0700

The article explores various methods of legal education that contribute to the formation of an individual'scorrect understanding of the law. The purpose of these methods is to create positive attitudes in a person torespect and respect the law, as well as to teach him civilized ways to resolve conflicts and prevent offenses. Thearticle examines in detail the system of educational and educational measures aimed at forming an appropriateattitude to the law. The article also analyzes the current methods of legal education in the educational processin the vocational training system, which are currently used.

FIGHTING TELEPHONE FRAUD IN ALTAI KRAI

V.V. Sorokin — Tue, 18 Mar 2025 11:27:50 +0700

The review outlines the main ideas expressed by the participants of the Regional scientific and practicalconference entitled “fighting telephone fraud in Altai territory”, held in December 2024. The organisers ofthis acutely relevant scientific forum gathered practitioners who are at the epicentre of the fight againstremote fraud. The work of the forum is designed to ensure the unity and effectiveness of the efforts of lawenforcement agencies in the Altai region to minimise telephone fraud.

LEGAL COUNTERACTION TO THE FAKE INFORMATION SPACE

V.V. Sorokin — Tue, 18 Mar 2025 11:24:13 +0700

В обзоре излагаются основные идеи, высказанные участниками Всероссийской научно-практической конференции под названием «Фейковизация Интернета, масс-медиа и рекламы: правовоепротиводействие», проходившей в ноябре 2024 г. Организаторы крупного научного форума с вузами Минска и Гродно (Беларусь), Херсона, Калининграда, Владивостока, Москвы, Санкт-Петербурга, Ростова-на-Дону, Саратова, Казани, Белгорода, Уфы, Воронежа, Оренбурга, Омска, а также вузовСеверного Кавказа, Кубани, Крыма, Донецкой Народной Республики выражают уверенность в том,что тем самым обеспечивают технологический суверенитет России и дружественных ей стран, подготавливают нормы и процедуры для информационной безопасности личности, общества и государства. Факт проведения такой всероссийской конференции может являться примером чувства гражданской ответственности научного сообщества.

THE CIRCUMSTANCES NECESSARY FOR THE QUALIFICATION OF AN ACT IN CRIMINAL CASES ON THE DISSEMINATION OF FAKES AND SOME FEATURES OF THEIR PROOF

V.A. Sementsov — Tue, 18 Mar 2025 11:19:31 +0700

The article analyzes scientific approaches to the establishment of mandatory facts necessary for criminalliability for the public dissemination of deliberately false (fake) information under the guise of reliable, whenthere is a significant increase in such information in the Russian segment of the Internet. The opinion isexpressed that the subject of proof in criminal cases on the dissemination of fakes is subject to specificationand detail, and among the circumstances to be proved, it is necessary to determine the disseminatedinformation as malicious, its deliberate falsity and dissemination under the guise of reliable, as well as thepublicity of such dissemination.It is substantiated that the collection of evidence on crimes of the dissemination of deliberately false(fake) information is a significant difficulty due to the specified range of circumstances to be proved, and thespecifics of the traces, their localization, nature, methods of seizure and subsequent preservation. In the fieldof legislative regulation of criminal procedural activities for the collection of evidence, it is proposed to carryout not only traditional investigative actions (inspection of the scene, inspection of objects, appointmentand production of forensic linguistic and other examinations, search and seizure), but also a new type ofinspection — Internet resources, information space messengers, social networks, etc.

FRAUDULENT MANIFESTATIONS OF FAKES AND DEEPFAKES: PROBLEMS OF COUNTERACTION

Yu.Yu. Malysheva — Tue, 18 Mar 2025 10:52:02 +0700

Digital technologies have paved the way for fake crimes. One of the most popular crimes in the fieldof digital technologies is digital fraud, which is distinguished by the traditional method of deception, butwhich has acquired new features and patterns in the era of digital transformation. In modern realities, fraudcan be considered a classic example of a «fake» crime, since it is based on deception as an integral way ofcommitting it.Digital transformation has brought 2023 to a record number of digital crimes. According to officialstatistics of the Russian Ministry of Internal Affairs, there are more than 677,000 IT crimes. Compared to2022, the actual figures were a third lower, or equal to 522,000 such crimes.In 2023, the share of digital crimes increased to 34.8% compared to 2022, when the share of such crimeswas 26.5%. More than half of the registered crimes committed with the help of information technologiesbelong to the categories of grave and especially grave.In 2023, compared to the previous year, the number of crimes committed using the Internet increasedthe most in absolute terms. The figures increased from 381.1 thousand to 526.7 thousand. It is noteworthythat in second and third places were fraud committed using mobile communications and plastic cards. Also in the digital space, fake crimes using computer equipment, software and fictitious electronic payments havebecome more frequent.

COUNTERING MODERN CYBERCRIMES

E.V. Kunts — Tue, 18 Mar 2025 10:45:46 +0700

The development of high technologies and their implementation in various spheres of life has given riseto many serious problems, one of which is the rapid criminalization of the scientific and technical sphere.It should be noted that the achievements of scientific and technical progress are actively used for criminalpurposes in the process of preparing and committing all kinds of crimes, from remote fraud to terrorist acts.Existing regulatory legal acts are designed primarily for the physical world, setting certain frameworks forthe relationships and activities of citizens. Then they began to actively spread to the two-dimensional digitalenvironment of the Internet, covering the main issues of cybersecurity.It is stated that the increase in the number of crimes in the field of computer information is largely dueto the rapid progress in the technical and information sphere. A modern cybercriminal is well technicallyequipped and educated in the use of information technology. Accordingly, it is logical to assume that variousmethods of protecting the population, institutions and organizations from criminal attacks by cybercriminalsshould be improved so quickly. A systematic approach is needed in the fight against crimes in the informationsphere, which should take into account the reasons and conditions for committing a crime of this type, aswell as the conditions for serving sentences by persons convicted of these crimes.

ON THE ISSUE OF CRIMINALIZATION PORNOGRAPHIC DEEP FAKES

E.V. Zavgorodneva, A.G. Goloshchapova — Tue, 18 Mar 2025 10:38:08 +0700

The article discusses the problems associated with the spread of one of the negative forms of informationtechnology on the Internet — pornographic dipfects. The types and forms of involuntary deepfakepornography, methods and methods of its creation, as well as the degree of moral and material harmcaused as a result of the generation and spread of sexual online violence based on images are analyzed.Attention is drawn to the high degree of choice of women and minors as victims when creating deep pornvideos. Measures have been proposed to combat this type of cybercrime, such as uncoordinated and illegalpornographic deepfakes, and a proposal has been made to consolidate the qualification of this crime (postingphotos, audio and video materials with a pornographic accent on the Internet) in specific articles of theCriminal Code of the Russian Federation (Articles 128.1, 146, 242 of the Criminal Code of the RussianFederation). The authors conclude that in order to solve certain problems in the fight against these otr

INFORMATION EXTREMISM: THE LEGAL ASPECT

A.I. Voronina — Tue, 18 Mar 2025 10:28:43 +0700

The category of “extremism” is becoming more and more integrated into our daily activities, making itsown adjustments to the information field, respectively. Precisely, the consequence of such an introductioninto the digital space is the emergence of the term “information extremism”, which is beginning to gainmomentum quite rapidly. Of course, there is a logical explanation for such a rapid spread of the categoryof “information extremism” — information technology has merged so strongly with the private life ofan individual that, today, it is not possible to consider the “figure” separately from the public and statesuperstructure. Accordingly, various kinds of destructive elements in the information space also continue toincrease, causing significant harm to both personal users and public institutions. Of course, the state reacts to manifestations of abuse and offenses in the digital world, using, at the same time, the entire availablearsenal of legal means to prevent and combat destructive actions in the information sphere, in particular,information extremism. However, it is worth recognizing the sad fact that, as a rule, those availablelegislative means are insufficient to fully prevent offenses when using information technologies, since thelatter are ahead of the curve.

FIXATION OF FAKE INFORMATION: LEGAL ISSUES OF USING SCREENSHOTS IN JUDICIAL PROCEEDINGS

M.Yu. Porokhov — Tue, 18 Mar 2025 10:24:37 +0700

Countering the spread of fakes on the Internet requires a comprehensive approach, in which the fixationof information for its subsequent use in court proceedings takes a central place. Fake information covers awide range of phenomena, including false texts, images, video and audio files, as well as fake social mediaaccounts. It can be either intentionally created or arise due to human errors, having a negative impact onpublic relations and the actions of individuals.Screenshots are one of the key tools for recording information about facts relevant to the considerationof a civil case, but their legal status raises questions. Increasing the requirements for the certification ofscreenshots leads to strengthening their reliability as digital evidence, but also complicates the process oftheir presentation, increasing the costs of the parties.In this regard, the search for alternative solutions, such as the use of blockchain technologies that canensure the immutability of data without the need to contact a notary, becomes particularly relevant.The article analyzes the key aspects of using screenshots to fix fakes.

FAKE ADVERTISING: ISSUES OF LEGAL QUALIFICATION

I.V. Kiryushina — Tue, 18 Mar 2025 10:19:30 +0700

The article analyzes the issues of legal qualification of fake advertising under the current legislationof the Russian Federation. The widespread dissemination of fake information in the 21st century has alsoaffected advertising information. The term “fake” and its derivatives “fake”, “faking” cover various cases ofdeception and forgery. The ultimate goal of spreading fake advertising is to manipulate the consumer's mind in order to increase sales. Fake advertising can be classified as inappropriate simultaneously under severalarticles of the Federal Law “On Advertising”, depending on the methods of presenting such informationand its context. The cases of distribution of false and unfair advertising, advertising that is an act of unfaircompetition, are analyzed. It is concluded that “fake advertising” is a broader concept than unreliable. Suchadvertising may simultaneously violate a number of prohibitions established by current legislation. It may beunethical, inciting to commit illegal actions or calling for violence and cruelty. The use of artificial intelligenceand the possibilities of the Internet has expanded the ways of influencing the consciousness of advertisingconsumers, an example of which is such a type of advertising as Fake Out Of Home with augmented reality.In all these cases, it is necessary to accurately qualify fake advertising not only in accordance with the FederalLaw «On Advertising», but also in accordance with administrative and civil legislation. The increasing scale ofthe spread of fake advertising, the negative consequences that the dissemination of such information entails,make it urgent to increase responsibility for its dissemination.

LEGAL REGULATION OF PROTECTION OF INTERNET COMMUNICATIONS FROM UNRELIABLE (FAKE) INFORMATION ABOUT THE STATE'S ACTIVITIES

A.V. Chervyakovsky — Tue, 18 Mar 2025 10:13:51 +0700

The article gives a brief analysis of the measures taken to improve measures aimed at protecting societyfrom the dissemination of unreliable (fake) information about the activities of the state. The author analysesthe state and prospects of legal regulation in this field on the basis of formal, legal, comparative and othermethods of research. It is stressed in particular that no agreement has been reached at present on theadoption of international legal instruments to protect States from fake information. In Russia, the adoptionof new legal acts and changes to existing legislation are associated with the introduction of new restrictionsand prohibitions aimed at preventing the dissemination of fake information. Attention is drawn to the needto concentrate the state efforts on disseminating reliable information, which has contributed to a decreasein the interest of citizens to sources containing fairy and other harmful information.

HYBRID EXTERNAL THREATS TO NATIONAL SECURITY AS A CHALLENGE FOR SCIENTIFIC AND TECHNOLOGICAL DEVELOPMENT OF THE RUSSIAN FEDERATION

L.Yu. Odegova, Yu.A. Solovyova — Mon, 17 Mar 2025 18:37:18 +0700

The article analyzes the main mechanisms of hybrid external interference in the internal and externalaffairs of Russia, which include conducting a full-scale information war, an unprecedented sanctions policy,organizing sabotage and terrorist activities on the territory of the Russian Federation, popularizing extremistand radical ideology, and attempts to isolate Russia on the world stage. The authors assess the effectiveness ofmeasures taken at the national level in order to minimize the consequences of such threats for the scientificand technological development of the Russian Federation.

ISSUES OF LEGAL COUNTERACTION TO DEEPFAKE TECHNOLOGY

Е.V. Mitskaya — Mon, 17 Mar 2025 16:45:40 +0700

With the increasing use of information technologies and their potential to improve the quality of life inall areas of human activity, it becomes clear how unlimited their potential to cause harm is. This is mainlycaused by the dissemination of unreliable and false information in advance, which misleads and deceivescitizens. Due to the fact, that the legislation in Russia and Kazakhstan does not fully meet the needs ofdealing with deepfake technologies, it is necessary to refer to positive examples from abroad and, based onthem, to propose possible measures to deal with deepfake technologies. This study is dedicated to the searchfor measures to protect people from such technologies. It is proposed to introduce at the legislative levelthe obligation of the software developer and the supplier of this product to mark the content created withthe use of deepfake technologies, including audio, textual notification that the information is fake, in caseof non-compliance — bringing to criminal responsibility for the distribution of knowingly false content. Inaddition, it is necessary to create effective mechanisms for removing deepfake content that violates humanrights, which is illegal or harmful; to extend criminal liability for violation of the rules of storage, collectionof human biometrics, their illegal use, transfer, receipt; to strengthen interstate cooperation to deal withdeepfakes.

ПРАВО НА ДОСТОВЕРНУЮ ИНФОРМАЦИЮ В СЕТИ ИНТЕРНЕТ: ВЫЗОВЫ ФЕЙКОВИЗАЦИИ И ПУТИ РЕШЕНИЯ

A.E. Kanakova — Mon, 17 Mar 2025 16:36:04 +0700

Modern digital space, acting as a key element of global communication, transforms traditional legalinstitutions, creating unprecedented challenges to the realization of the fundamental right to reliableinformation. The relevance of the research is due to the exponential growth of content faking, the useof algorithmic tools of manipulation and the lack of effective mechanisms to counter disinformationin a transboundary format. The virtual environment, characterized by anonymity, the speed of datadissemination and the erasure of geographical boundaries, forms qualitatively new conditions for therealization of the right to information, traditionally regulated in offline space. This requires a rethinking ofclassical legal approaches and the development of specialized norms adapted to digital realities. The articlesubstantiates that virtual space creates unique features for the right to information related to transboundarynature and technological threats. The author proposes to regulate this sphere through a synthesis of «hard»and «soft» measures, ensuring a balance between the protection of information security and preservation offreedom of speech. Special attention is paid to the formation of the category of «virtual territory of the state», which cannot be limited by traditional administrative boundaries. The author argues that the protection ofdigital sovereignty should be realized not through the establishment of prohibitive barriers that violate theprinciples of Internet openness, but through preventive and prophylactic mechanisms.

MODERN PROBLEMS AND CHALLENGES OF STATE REGULATION OF INTERNET FAKING

O.A. Golubtsova — Mon, 17 Mar 2025 15:42:32 +0700

In the article, the authors analyzed the role of the state in the development of anti-fake measures. Theconsequences and threats from the spread of fakes on the Internet are revealed. It is noted that there aretwo approaches in the world to the sphere of responsibility for the dissemination of fake information. Thefunctions of the state in solving the problem of the spread of fakes, in particular fake news, are analyzed. Thearticle examines the process of state regulation regarding countering the fake Internet in Russian legislation.It is noted that fake news is a huge problem in the modern world, legal regulation in this area has a number ofgaps, which makes it difficult to identify fake information, as well as to impose penalties for its dissemination.In the course of the study, the idea was put forward as an effective approach to combating Internet faking,the introduction of international concepts, principles and ideas: the development and standardization of anappropriate regulatory framework based on the successful experience of other countries.The authors have substantiated the directions of improving the domestic legal system to counteract thefake Internet.

LEGAL PROBLEMS OF INFORMATION SECURITY PROTECTION

V.Yu. Golubovsky — Mon, 17 Mar 2025 13:42:57 +0700

Over the past decade, there have been enormous changes in the social and geopolitical spheres, aswell as revolutionary changes in technology, especially in electronics and cybernetics, which marked theinformation revolution and sharply invaded the socio-political, social and other spheres of public relationsin the world within individual countries and regions, affected the spheres of military affairs, military artand strategy. It has been established that the development of information technologies and the area oftheir application, the development of specific goals and objectives of their use and methods for achievingthese goals in various areas and, especially in the area of organized crime, have created a potential basis forchallenging and threatening public and national security.Thus, the current concerns about the potential of information media have been intensified by the spreadof information media and system technologies in the world, especially by the combination of computertechnology with telecommunications, which has significantly deepened and expanded the space andpossibilities of information activities and made it possible to sharply improve information infrastructures,which predetermined the consideration of the legal aspects of protecting information security.

FAKES DURING ELECTION CAMPAIGNS: LEGAL ASPECT

E. S. Anichkin, V. S. Zubkova — Mon, 17 Mar 2025 13:36:40 +0700

The digitalization of society has increased the political activity of Russian citizens, which requiresclarification of political and “digital rights.” Political fakes are one of the significant challenges of the moderninformation space. An important aspect of the fight against fakes is the development of digital culture;citizens need the skills of critical thinking, checking sources, and analyzing for manipulation. The fightagainst fakes requires not only responding to current threats, but also prevention, ensuring transparencyand reliability of information, especially in election processes.

FAKES AND FACT-STAKING IN IMPROVING THE HEALTHCARE SYSTEM OF THE RUSSIAN FEDERATION: IT'S TIME TO USE THE LAW

S.R. Chedzhemov — Mon, 17 Mar 2025 13:25:29 +0700

The pandemic that swept the world in connection with the spread of COVID-19 was accompaniedby global not only sanitary, hygienic, biological and medical, but also socio-psychological problems. Tosuccessfully counteract it, mobilization efforts of the entire intellectual potential of mankind were required.In these conditions, a certain feature of legal nihilism appeared in the form of the so-called medical fakes,i. e. false information related to health issues. They agitated the masses and hindered the effective work ofmedical workers. Being in essence a phenomenon affecting the legal foundations of health care, in recentyears they have begun to play one of the leading roles in the formation of public opinion, which, in turn,cannot but be taken into account by the state. By virtue of this, they have become the subject of study byscientists of social, humanitarian and medical specialties. The author believes that not only generalizingstudies of the role and legal significance of fakes on medical topics, but also the organization of a system ofmedical and legal fact-checking are relevant.

LEGAL MEANS OF COUNTERFCTION FAKES (ON THE EXAMPLE OF THE REPUBLIC OF BELARUS)

N.V. Misarevich — Mon, 17 Mar 2025 13:19:30 +0700

The article analyzes the approaches of the Belarusian legislator in the field of combating thedissemination of inaccurate information through the media or using Internet resources. Attention is drawnto the fact that in modern conditions fake information is considered as a new phenomenon of the informationera. This phenomenon exists today both on the territory of the Russian Federation and on the territory ofthe Republic of Belarus. The need to determine the methods and ways of combating this phenomenon atthe state level is substantiated. In Belarus, counteraction to fakes is carried out in the following areas: legaleducation of citizens by conducting appropriate explanatory work among the population for «unfamiliar»calls or messages; the creation of a commission for the protection of state sovereignty, which will includerepresentatives of many ministries, as well as officials associated with the media, is being discussed;counter-propaganda, which includes disclosing false information, refuting it in official sources; increasedresponsibility for the spread of fakes (in 2021 appropriate changes were made to the criminal legislation).

ON THE NEED TO IMPROVE THE EFFECTIVENESS OF ORGANIZATIONAL AND LEGAL MECHANISMS FOR RESPONDING TO DESTRUCTIVE INFORMATION IMPACT ON THE INTERNET IN ORDER TO PROTECT RUSSIAN SPIRITUAL AND MORAL VALUES

T.N. Dovbush — Mon, 17 Mar 2025 13:15:27 +0700

The article considers current issues related to the protection of Russian spiritual and moral guidelinesfrom the negative impact of Western countries. In the article, the author notes the importance of strengtheningthe foundations of national security by creating conditions for the protection of traditional spiritual andmoral values. The high level of threats to traditional Russian values at the current stage of development ofinternational relations is emphasized. The need for timely detection and suppression of destructive activitiesin the Russian Federation that undermine spiritual and moral guidelines and contribute to the impositionof false target settings is indicated. The author notes the importance of counteracting these threats not onlyat the federal level, but also at the level of regional and local authorities. In particular, the author drawsattention to the state of a number of regional monuments and shows the importance of carrying out workon their preservation and restoration. The importance of creating working feedback channels at the regionallevel is noted, which will allow regional authorities to see the problems that really worry the local populationand promptly respond to the dissemination of inaccurate or destructive information. Specific measures areproposed to improve the organizational and legal mechanism for the protection of Russian spiritual values.

PROBLEMS OF LEGAL CASUISTRY: HISTORICAL, PHILOSOPHICAL, PSYCHOLOGICAL AND LEGAL ASPECTS OF THE STUDY: REVIEW OF THE INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE

K.E. Dovgan — Sat, 28 Dec 2024 11:42:21 +0700

The article presents a review of the international scientific and practical conference «Problems of legal casuistry: historical, philosophical, psychological and legal aspects of the study».

ON THE CATEGORIES OF GENERAL, PARTICULAR AND SINGULAR IN COMPARATIVE JURISPRUDENCE

R.V. Nasyrov, A.V. Ivanov — Fri, 27 Dec 2024 11:48:03 +0700

The question of methodological significance of the categories of general, particular and singular in thescience of comparative jurisprudence is considered. It is shown that the legal culture, formed in WesternEurope in the New Age, reflects valuable, requiring study and perception of historical experience, but takinginto account its special, not universal, character. Theoretical and practical significance of the principle ofcivilizational diversity in the modern era of multipolar world formation is substantiated.

COMPARATIVE LEGAL ANALYSIS OF THE NORMS REGULATING NON-CONTRACTUAL CROSS-BORDER RELATIONS IN THE LEGISLATION OF THE PRC AND THE RUSSIAN FEDERATION

M.V. Litskas — Fri, 27 Dec 2024 11:41:59 +0700

xPRC legislation in the current conditions is of significant interest to the Russian legal community. Thenorms of private international law are of particular importance as a basis for the development of tradeand economic relations between the Russian Federation and the People's Republic of China. In particular,Russian counterparties and individuals cannot but be interested in the norms devoted to the regulation ofnon-contractual cross-border relations in the PRC legislation. In this regard, the author aimed to analyse thePRC Law «On the Application of Law to Transnational Civil Law Relations», to identify its similarities anddifferences with the provisions recorded in the Civil Code of the Russian Federation, using a comparativelegal approach. The study concluded that to a large extent the substantive regulation of non-contractualcross-border liability in the Russian and Chinese jurisdictions coincides. At the same time, in some casesthere are obvious differences in the scope of such regulation, as well as inconsistency of the list of regulatedsituations between the Civil Code of the Russian Federation and the Law of the People's Republic of China«On the Application of Law to Transnational Civil Law Relations».

INTERNATIONAL ASPECTS OF CONSUMER PROTECTION IN THE EURASIAN LEGAL SPACE

I.V. Kiryushina, T.A. Philippova — Fri, 27 Dec 2024 11:37:45 +0700

The article deals with the cooperation of Eurasian states in the protection of consumer rights. Developmentof integration processes and cross-border trade required revising approaches to consumer rights protectionand new forms of intergovernmental cooperation in this sphere. This article is a systematic analysis of thecurrent legal regulation of consumer protection issues in the global electronics market. The competence andactivities of the Eurasian Economic Union in consumer protection, the Union's acts on certain problematicaspects of consumer rights, and the experience of interaction between the national authorities of the Union'smember states in this area are examined. The conclusion about the necessity of perfection of legal regulationin the investigated sphere is made considering the specificity of developing regional communications andsaving up international experience. Among the most urgent problems requiring regulation at the level ofthe Eurasian Economic Union identified the regulation of cross-border transactions with the participationof consumers and their protection from unfair terms of contract and unfair business practices, ensuringquality and safety requirements for goods and services in a global market. It is necessary to create neweffective mechanisms for protecting consumer rights in cross-border trade, create a system for resolvingonline disputes involving consumers, transition to complete harmonization of legislation using direct actionregulations, and adopt unified acts at the level of this transnational association.

THE WORK OF COORDINATION CENTERS ON THE ISSUES OF FORMING AN ACTIVE CIVIC POSITION IN YOUTH, PREVENTING INTER-NATIONAL AND INTER-CONFESSIONAL CONFLICTS, COUNTERING THE IDEOLOGY OF TERRORISM AND PREVENTION OF EXTREMIS MA ON THE BASE OF UNIVERSITIES

M.A. Starodubtseva — Fri, 27 Dec 2024 11:30:53 +0700

The article substantiates the need to adjust the program documents of coordination centers operatingat universities. The author draws attention to the importance of forming a scientific and methodological base for coordination centers that currently operate without scientific support. The staff of the coordinationcenter, according to the Standard Regulations, includes a psychologist, however, taking into account thespecifics of the activities of the coordination center, namely, work in the field of countering the ideology ofterrorism, extremism, and other destructive ideologies, it is worth involving professional lawyers or teachersof legal disciplines in the staff, as well as criminologists. The author emphasizes that the development ofrecommendations for improving preventive work in such a specific area cannot be carried out withoutthe participation of competent specialists, who are often not included in the staff of coordination centers.Without a detailed study of the audience, preventive measures are reduced to formalism and a pile ofmeaningless reporting.Also, as the author points out, adjustments are required to the annually approved standard electronicpassport of the coordination center's work. Typical provisions include the organization of advanced trainingcourses in the field of prevention of terrorism and extremism, interethnic and interfaith conflicts, andthe same preventive measures, however, this is not enough for a holistic system. It is necessary to specifyactivities and strengthen regional specificity in the work of coordination centers in order to fully unleashtheir significant criminological potential. And for this, first of all, it is necessary to attract young people,cultivate activists under the auspices of coordination centers, and form them into public opinion leaders inthe university and the region.

PRACTICAL PROBLEMS OF COERCION AS SECURITY MEASURES IN CRIMINAL PROCEEDINGS

А.Ю. Сафронов — Fri, 27 Dec 2024 11:24:25 +0700

Theoretical and practical problems of coercion are considered as security measures in criminalproceedings: detention, preventive measures and other measures of criminal procedural coercion. Usingthe example of judicial practice, practical situations and scientific publications (both Russian scientistsand foreign authors of such Republics as Tajikistan, Uzbekistan and Kazakhstan — foreign scientificpublications), practical difficulties and legislative imperfections of the issues under consideration arerevealed. It is proposed: 1) to increase the period of detention too short; 2) when choosing appropriatepreventive measures (detention, house arrest, prohibition of certain actions), release the court from theobligation to resolve issues (establish) involvement in the commission of a crime, the validity of suspicion;3) at the legislative level, equate the violation of the obligation to appear to the violation of a preventivemeasure; 4) the upper threshold of monetary punishment provided for in Article 117 of the Code of CriminalProcedure of the Russian Federation should be increased to 25,000 rubles; 5) the amount of bail should bedetermined individually in each specific case, based on the property status of the suspect (accused), takinginto account the general (unified) lower (minimum) threshold for all categories of crimes — at least 50,000 rubles; 6) at the legislative level, to fix the fact of non-receipt of correspondence as grounds for compulsorydrive; pay more attention to digitalization and digital aspects of the criminal process, in particular, the useof appropriate databases, the system of interdepartmental electronic interaction (SIEI), which providesextensive opportunities both to establish the ownership of property and to implement it (concealment).

CRIMINAL LIABILITY DISCHARGE AS A WAY OF DIFFERENTIATION: GENERAL AND PARTICULAR PROBLEMS AND SOLUTIONS THERETO

S.A. Silantev — Thu, 26 Dec 2024 17:08:09 +0700

The article addresses the institution of criminal liability discharge from the viewpoint of differentiationdoctrine. Relevance of the chosen subject is explained by dynamical development of the aforementionedinstitution and, moreover, division of clauses comprising it between the General and Special parts thatincreases the probability of legislative and law enforcing kinds of mistakes. The goal of the research is toanalyse the institution of criminal liability discharge in regard to the criterion of it matching the principlesof liability differentiation and derive ideas to fix existing defects.Based on provisions of criminal-law science the researcher proved that criminal liability discharge is ameans of liability differentiation. With the reasons for liability differentiation provided proposals for how toadjust official explanation for a condition of criminal liability discharge such as first-time crime committingwere put forward. Particular defects of legislation related to inadequate level of unification of special kindsof criminal liability discharge in the Special part of the Criminal Code of Russian Federation

THE ROLE OF CRYPTOCURRENCIES IN TERRORIST FINANCING

A.V. Roshchupkina — Thu, 26 Dec 2024 17:02:44 +0700

The development of the Internet and electronic devices has radically changed all spheres of human life,in addition to the positive aspect, digitalization has led to an increase in the number of crimes committedusing the Internet. Terrorists were among the first to introduce new technologies, who took advantage ofdigitalization to increase their profits. Terrorists have turned their attention to cryptocurrency, consideringit as a digital means of payment. For them, it has a number of attractive features such as: pseudonymity,accessibility, high transaction speed, easy storage and translation. Currently, law enforcement agenciesuse direct and indirect deanonymization, distribution analysis, quantitative analysis, time analysis, andtransactional network analysis. The article examines cryptocurrency as a tool for financing terrorism, givingexamples of positive experience of law enforcement agencies, which can help in improving the legislativesystem and assist in solving such crimes.

THE CONCEPT OF PUBLIC PROCUREMENT: CRIMINAL LAW ASPECT

V.A. Poltarykhin — Thu, 26 Dec 2024 16:58:19 +0700

The article considers theoretical and applied issues of defining the category of «public procurement». Inthe current Russian legislation, the legal definition of the definition under consideration is not fixed. In mostregulatory acts, such concepts as «procurement for state and municipal needs», «government procurement»,«state and municipal contracts», etc. are used to designate public procurement. In the work, the author notesthat the protective legislation in this part, which is of a blanket nature, is also characterized by the polemicnature of the categorical apparatus of the norms that establish responsibility for various violations and abusesin the procurement system. The diversity of approaches to the definition of virtually identical concepts leadsto objective difficulties in law enforcement practice, which requires independent scientific understanding andtheoretically substantiated proposals for the unification of the conceptual apparatus of various branches oflaw. This corresponds to the legal principle of consistency as one of the fundamental provisions of the Russianlegal system. The author's analysis of the legal doctrine allowed to formulate a universal definition — publicprocurement — which can be used, at a minimum, in criminal legislation to form uniform approaches toestablishing liability for criminally punishable unlawful behavior in the implementation of purchases made at the expense of the state and municipal budgets. The applied significance of the study is due to the possibilityof receiving the developed provisions when formulating a criminal law, including within the framework ofa conceptual approach to the formation of a model of a single official crime.

IMPLEMENTATION OF LEGAL PRINCIPLES IN THE FORMATION OF A THEORETICAL MODEL OF CRIMINAL–LEGAL PROTECTION OF ECONOMIC ACTIVITY

А.A. Korennaya — Thu, 26 Dec 2024 16:52:53 +0700

The basis for the formation of an effective model of criminal law must certainly be the basic generaltheoretical provisions underlying the construction of the legal system of the state as a whole and individualbranches and institutions in particular. The conceptual basis in this case is the «legal principles» as afundamental legal category. In this article, the author analyzes the content of criminal law principles: legality,justice, equality, humanism and culpable liability. Taking into account the fundamental importance andgeneralized content of legal principles, the author states the need to form rules for modeling the law, whichare based on principles, but have a utilitarian nature and can be directly applied in the legislative process.Such rules are: formal certainty, consistency, proportionality, validity, analogy, differentiation, limitedtransformation of guilt

DUTIES OF AUTHORITIES, DETERMINED BY THE SPECIFICS OF CONDUCTING AN INQUIRY IN A CRIMINAL CASE IN ABBREVIATED FORM

L.V. Bertovsky, E.N. Petukhov — Thu, 26 Dec 2024 13:29:14 +0700

The article critically analyzes certain provisions of the current criminal procedure legislation governingthe investigation of a criminal case in the form of abbreviated inquiry. It defines the actual duties of theparticipants in the inquiry in abbreviated form in a criminal case, conditioned by the peculiarities of the formof inquiry under consideration. Proposals are formulated aimed at improving the means ensuring the proper performance of duties by the authorities participating in the inquiry in abbreviated form. The peculiarities ofthe inquiry procedure in abbreviated form, the peculiarities of the procedural deadlines for making decisionsand performing procedural actions during the abbreviated inquiry, as well as the peculiarities of truncatedproof in criminal cases, the investigation of which is carried out in the form of abbreviated inquiry, areestablished and disclosed. The problems of the criminal procedure institute of abbreviated inquiry, whichare at the theoretical, normative and applied levels, are identified.

РЕАЛИЗАЦИЯ ОТВЕТСТВЕННОСТИ МАТЕРИНСКОЙ КОМПАНИИ ЗА БАНКРОТСТВО ЕЕ ДОЧЕРНЕЙ КОМПАНИИ: ПРАКТИКА ИНДОНЕЗИИ

Annurdi, Budi Santoso, Hanif Nur Widhiyanti, Reka Dewantara — Thu, 26 Dec 2024 13:22:46 +0700

The parent company's liability for bankruptcy experienced by its subsidiary has not been explicitlyregulated either in Company Law or Bankruptcy Law in force in Indonesia. This legal vacuum causesdifferences of opinion among judges in assessing the relationship between a parent company and itssubsidiary as a basis for implementing the parent company's liability for bankruptcy experienced by itssubsidiaries. In this research, there were cases where the judge considered that the parent company was notresponsible for the losses or bankruptcy experienced by its subsidiary on the basis that the two companieswere separate entities. Meanwhile, in a different case, a judge's opinion was found which considered thatthe parent company and its subsidiary were a single economic entity and there was a special relationshipbetween the two companies, so that the parent company was liable for the bankruptcy experienced by itssubsidiary. In this regard, we are of the opinion that it is necessary to establish legislation regarding groupcompany, specifically regulating the liability of parent company for bankruptcy experienced by its subsidiaryin order to guarantee legal certainty and provide legal protection for all relevant stakeholders.

EXECUTION OF A FOREIGN ECONOMIC TRANSACTION UNDER CONDITIONS OF RESTRICTIONS

E.Y. Kovalenko, T.L. Platunova — Thu, 26 Dec 2024 13:08:25 +0700

This article examines the problems arising in connection with the execution of a foreign trade transaction,in addition, the focus is on the issues of interaction between foreign and Russian legal entities in the contextof unilateral restrictive measures and sanctions. Proper fulfillment of obligations under a contract, bothdomestic and international, is called into question — in this regard, it is necessary to analyze the methods forproper execution of the contract in conditions of restrictions and analyze a number of problems associatedwith minimizing risks and maintaining a balance of interests of the parties to the contract. In the course ofthe study, the authors come to the conclusion that certain practical mechanisms are losing their relevanceand an in-depth study of understanding sanctions through the prism of civil law in Russia is required, as well as an arsenal of tools to overcome the failures of foreign trade contracts. Considering sanctions as forcemajeure or emphasizing their emergency loses practical and legal meaning. It is necessary to look for moreeffective ways to minimize risks and liability in the execution of a foreign trade contract. The results of thestudy may be useful for scientists studying the nature and impact of sanctions on contractual legal relations,and can also be used in the practical activities of Russian and international companies when entering intocontractual legal relations. As a tool for achieving the set result, the author uses the comparative legalmethod, as well as methods of analysis and synthesis.

CONSULTATIVE AND ADVISORY BODIES UNDER THE HEADS OF THE SUBJECTS OF THE RUSSIAN FEDERATION

A.A. Ternovaya, E.S. Anichkin — Thu, 26 Dec 2024 12:59:33 +0700

The article is devoted to the study of the institute of consultative and advisory bodies under the headsof the subjects of the Russian Federation. The role and importance of these bodies in the system of publicadministration, as well as their legal regulation and functional features are considered. The author focuses onthe fact that consultative and advisory bodies are an important tool for improving the efficiency of executiveauthorities at the level of the constituent entities of the Russian Federation. The article also analyzes thelegal framework governing the creation, powers and organizational aspects of the activities of advisoryand advisory bodies, their interaction with other government structures and influence on decision-making.Special attention is paid to the practical aspects of the functioning of advisory bodies in various subjects ofthe Russian Federation, as well as problems related to their effectiveness and the quality of legal regulation.The author's proposals on ways to solve the identified problems are presented.

ON THE ISSUE OF CLARIFYING THE FACTORS OF UNIVERSALITY AND ORIGINALITY IN THE CONSTITUTIONAL LAW OF RUSSIA

T.I. Ryakhovskaya — Thu, 26 Dec 2024 12:48:00 +0700

The stated study attempts to characterize the factors that influence the formation of «constitutionaluniversality» and «constitutional identity» in the legal environment of the Russian Federation. The authorconsiders the reasons for universality in Russian constitutional law to be the processes of globalization, theexpansion of economic cooperation between different countries, which lead to the borrowing of normsand the creation of general rules of behavior with their further integration into the current regulatory legalacts of the «participants» of relations, that is, internationalization, and also strengthening informatization.The researcher attributes continuity and cyclicality of the constitutional and legal development of Russia, the constitutional and legal tradition and national constitutional psychology to the same reasons thatdetermine constitutional originality (dissimilarity with other states). As a result of summarizing the sources,the researcher believes that it is possible to classify the identified factors into external and internal, legaland extra-legal, clarifying that it is the latter that most clearly demonstrate the originality of domesticconstitutional law.

LEGAL ASPECTS OF ENVIRONMENTAL MANAGEMENT IN NORTHEAST CHINA IN THE FIRST HALF OF THE 20TH CENTURY

D.A. Fitsai — Thu, 26 Dec 2024 12:41:25 +0700

The state of China's natural resource potential in the first half of the 20th century was assessed as verysatisfactory. This was explained, on the one hand, by the fact that China was a predominantly agriculturalstate, on the other hand, by the small population in the country.The prerequisites for the formation of legislation regulating public relations related to the involvementof certain natural resources in economic turnover are the resolutions adopted in ancient China during theimperial rule. The legal foundations of environmental management in the studied period of time — the first half of theXX century — developed quite actively. However, most of the legislative provisions regulating certain issuesin the field of environmental management were very fragmentary. The insufficiency of legislative regulation,at times, was often compensated by the adopted instructional materials, which were distributed to a limitedlist of territories, in particular, for example, those operating exclusively within the borders of the territory ofNorthern Manchuria. This, in turn, made it possible to put forward a judgment on the claims of the Manchupeoples to certain natural resources in China in the first half of the 20th century.The purpose of the research is to determine the role of regulatory legal acts regulating certain issues inthe field of environmental management in Northeast China in the first half of the 20th century.According to the results of the study, the author concludes that the legal regulation of public relationson the use of certain natural resources in the first half of the 20th century became the basis for the formationof natural resource legislation, the development of which was based, among other things, in the interests ofthe peoples of Northern Manchuria.

SUBJECT COMPOSITION OF LEGAL RELATIONSHIP (LOGICAL–LINGUISTIC PHENOMENON)

E.Y. Kovalenko — Thu, 26 Dec 2024 12:37:06 +0700

This article provides a comparative analysis of the linguistic features of the use of terms denoting thesubject of law. Since the Russian legal doctrine defines the subject differently, a similar pattern has beenidentified abroad. A conclusion has been made about the need to form a single comprehensive approach todefining the subject of law to update the general theory of law in the modern realities of the informationsociety.

THE JUDGE AS A RESEARCHER OF HISTORICAL MEMORY

A.A. Vasiliev, M.A. Bolovnev — Thu, 26 Dec 2024 12:28:09 +0700

The article, based on general scientific, historical and legal research methods, as well as examples ofhistorical trials, including rehabilitation ones, establishes the special role of judges as subjects shapinghistory. At the same time, the historical memory formed by the courts plays a significant role for futuregenerations. It is noted that, possessing special reliability and legal force, judicial acts become sources ofknowledge for society, as well as a subject of research for historians.

EDUCATION AS THE BASIS OF LEGAL AWARENESS: A CRITICAL LOOK AT LEGAL EDUCATION IN THE CONTEXT OF MODERN CHALLENGES

D.V. Abakumova, A.S. Sokolov, A.I. Tyutyuk — Thu, 26 Dec 2024 12:23:26 +0700

The article provides a comprehensive analysis of the role of education in the formation of an individual'slegal consciousness. The author examines modern approaches to legal education, identifying their strengthsand weaknesses in a changing socio-cultural and legal landscape. Special attention is paid to the ability ofeducational systems to adapt to new challenges, such as globalization, technology development and thestrengthening of transnational legal processes. The article offers a critical look at existing teaching methods and their compliance with the needs of future specialists entering the legal field. The author calls for thereform of educational programs, paying special attention to the development of critical thinking and theability to adapt to complex and dynamic legal situations.

THE HETEROGENEITY OF BUSINESS ACTIVITY AS A FACTOR IN THE SYSTEMATIZATION AND DEVELOPMENT OF LEGISLATION

D.V. Pyatkov — Wed, 25 Dec 2024 12:05:32 +0700

The article examines the question of the concept of business activity. It is concluded that this conceptcovers various types of human activity that cannot be reduced to entrepreneurship. The category «businessactivity» is not used in the Russian civil legislation, which is its significant drawback. In general, jurisprudencepays little attention to this generic category. In this regard, the main type of this activity is not fullyunderstood — entrepreneurial activity. There is no clarity as to the whole variety of business activity;there is no criterion in the legislation that allows in law enforcement practice to confidently distinguishentrepreneurship from other types of business activity. Based on the analysis of domestic pre-revolutionaryliterature on commercial law and modern foreign trade codifications, proposals were made to improveRussian legislation. In particular, it is proposed to distinguish between entrepreneurial and other types ofactivities according to such a criterion as the professional implementation of activities.

ON THE RESULTS OF THE BRICS INTERNATIONAL ROUNDTABLE «DIGITAL SOCIETY, TRENDS, OPPORTUNITIES, RISKS»

V.A. Mazurov — Tue, 08 Oct 2024 13:52:47 +0700

The article summarizes the main results of the International Round Table «Digital Society, Trends,Opportunities, Risks» within the framework of the International Conference «BRICS Peoples Choose Life».Proposals for improving the system of measures aimed at ensuring information security and combatingcybercrime at the international level, within the BRICS, federal and regional levels are formulated.

THE IMPORTANCE OF ACTS OF THE INTERNATIONAL LABOR ORGANIZATION FOR THE RUSSIAN LEGAL SYSTEM

Yu. S. Gusakova, L.A. Pereverzev — Tue, 08 Oct 2024 13:47:16 +0700

The article is devoted to determining the significance of the International Labor Organization acts for theRussian legal system. The scientific article analyzes some ILO conventions ratified by the Russian Federationand gives specific examples of implementation of the norms of international treaties of the Russian Federationinto the national system of law. ILO Conventions №122, 132, 175 are used as examples. Conclusion of thearticle: ILO conventions ratified by the Russian state have significantly affected the appearance and contentof the main institutions of the Russian labor law. The binding nature of these international documentsrequired strict compliance with the provisions of ILO conventions and bringing national law into compliancewith international principles of regulation of labor relations.

ORGANIZATION OF THE INITIAL STAGE OF INVESTIGATION OF ILLEGAL CIRCULATION OF FUNDS OF PAYMENTS

E.A. Suchkova — Tue, 08 Oct 2024 13:41:00 +0700

The article studies the main aspects concerning the organization of the initial stage of investigationof illegal turnover of payment means. Initial tactical actions of the investigator depend on the way ofcommitting the illegal turnover of funds of payments and on the subject of criminal offense, as the typesof services in the framework of interaction in the pre-investigative inspection can be different. The initialstage is characterized by certain features that are specific to the investigation of illegal turnover of funds ofpayments. Timely tactical actions of the investigator should be aimed at identifying both the main witnessesand the suspect himself, from whom, if necessary, documents and electronic means of payment are seizedif available. The main starting «point» at the initial stage is the materials of the pre-investigative inspectionreceived from the employees of the UEB and PC. The importance of operative-search activities, which arenecessary in establishing the identity of suspects, was emphasized.

SOME ISSUES OF ENSURING PAROLE PAROLE IN LIFE IMPRISONMENT CASES

D.P. Potapov — Tue, 08 Oct 2024 13:35:53 +0700

The article is devoted to the issues of ensuring the enforcement of the provisions of the institute ofconditional early release from further punishment and their re-socialization in relation to persons servinglife imprisonment.

FEATURES OF APPLICATION OF CRIMINAL AND CRIMINALPROCEDURAL LEGISLATION IN THE INVESTIGATION OF CRIMES RELATED TO THE USE OF VIOLENCE IN THE PERIOD OF REUNIFICATION OF NEW REGIONS WITH THE RUSSIAN FEDERATION

V.V. Erakhmilevich — Tue, 08 Oct 2024 13:29:36 +0700

The article deals with the problems of application of the norms of criminal and criminal procedurallaw in the investigation of criminal cases related to the use of violence during the transition to Russianjurisdiction of the Republic of Crimea, the city of federal significance Sevastopol, Donetsk, Luhansk People'sRepublics, Zaporizhzhya, Kherson regions. Attention is drawn to the fact that the criminal, criminalprocedural legislation of the Russian Federation has significant differences from the similar legislation of Ukraine. The peculiarities of criminal and criminal procedural norms of Ukraine and Russia, problems oftheir application, ways of overcoming these problems in the conditions of the transition period and the legaluncertainty formed in this connection are pointed out. The analysis of these problems is of interest from thetheoretical point of view and is in demand practically

FEATURES OF THE CONCLUSION AND EXECUTION OF SMART CONTRACTS

D.V. Pyatkov, A.R. Suleimenova — Tue, 08 Oct 2024 13:24:58 +0700

The article highlights the features of the conclusion and execution of smart contracts. The relevance ofthe study of the mechanism of operation of smart contracts is caused by the widespread use of blockchaintechnology, which allows to bring the terms of the contract into automatic execution. The article focuses onthe legal position of the civil law doctrine regarding the contractual nature of a smart contract.

DIGITAL RUBLE AS AN OBJECT OF CIVIL RIGHTS: CONCEPT, LEGAL NATURE

И.В. Кирюшина — Mon, 07 Oct 2024 12:30:32 +0700

The article is devoted to the study of the legal construction of the «digital ruble», the definition of itslegal nature and the relationship with other categories, such as «digital rights», «digital currency», «digitalassets». The main features of the turnover of these objects are analyzed. It is noted that digital financial assetsare a property right, while not being a currency or a means of payment, and digital currency is recognizedas property. Digital currency is a financial instrument that performs the functions of: means of exchange, and / or measures of value, and / or means of accumulation, which does not have the status of legal tender,existing in electronic form. It is concluded that at present, Russian legislation considers digital currencies as«property for individual purposes». Another digital financial instrument is the digital ruble. This is a type ofcurrency that exists in digital form, recognized by the state as legal tender. The main feature of the digitalruble is the possibility of its centralized issue by the Bank of Russia. This is a type of non-cash funds thatcan only be calculated by transferring on a special platform of the Bank of Russia. At the same time, unlikeforeign law and order, the domestic legislator did not follow the path of classifying the digital ruble as adigital currency. The lack of a clear conceptual base in relation to newly introduced financial instruments,insufficient regulation of the rules for their circulation raises questions in practice, which indicates the needto improve legal instruments in the field under study.

INDEPENDENT ANTI–CORRUPTION EXPERTISE AS AN INSTITUTION OF PUBLIC CONTROL

O.L. Kazantseva — Mon, 07 Oct 2024 12:23:43 +0700

The Russian Federation is a democratic State where its multinational people are recognized as thesource of power. Public power by the people is exercised directly and indirectly through public authorities.Civil society institutions are called upon to exercise public control over decisions taken by State and localgovernment bodies. The established legal framework provides for various forms and mechanisms of publiccontrol. Independent anti-corruption expertise is being consolidated as a democratic institution of civilsociety and public control. It is of great importance because it promotes the openness of authorities, actsas a preventive measure against corruption and is a form of public control over the law-making activitiesof bodies and officials. The value of independent anti-corruption expertise is expressed in isolation fromgovernment structures. The scientific article notes the need for the development of this institute and suggestsmeasures to improve it.

ABOUT SOME PARADOXES OF THE INSTITUTE OF CONSTITUTIONAL COMPLAINT AND COURT INQUIRIES UNDER THE LEGISLATION OF THE REPUBLIC OF BELARUS

G.A. Vasilevich — Mon, 07 Oct 2024 12:15:23 +0700

The article briefly analyzes the dynamics of legislation on judicial constitutional control in the Republic ofBelarus. Attention is drawn to the positive changes in this sphere, as well as to some gaps in the constitutionallegislation. The necessity of a wider perception of the institute of constitutional complaint is emphasized.

LEGAL SYSTEM OF THE REPUBLIC OF KYRGYZSTAN: FROM HISTORY TO MODERNITY

В.В. Сорокин — Mon, 07 Oct 2024 12:11:18 +0700

The article traces the origin and evolution of the legal system of the Kyrgyz Republic. The influence ofthe national mentality on the sources of law and legal practice in this country over the centuries is shown.The author argues that it is impossible to unequivocally judge whose legal culture turned out to be higher —sedentary tribes or nomads on the territory of present-day Kyrgyzstan. The way of life influenced the level oflegal culture of the people, but ambiguously. The settled population had their own developed legal culture —they managed to create the infrastructure of viable cities, established a judicial system, maintained orderin numerous craft workshops and in the construction of irrigation systems. Even the slopes of the foothillswere culturally treated, where water was supplied for irrigation through prepared ditches along the steepslopes of the mountains. And the nomads learned to reproduce their way of life in constant travel, get alongwith neighboring tribes, trade successfully, and regulate money circulation.

ANALOGY OF LAW AND ANALOGY OF LAW AS A MEANS OF BRIDGING GAPS

S.G. Vasilevichs — Mon, 07 Oct 2024 12:06:24 +0700

The article studies the problems associated with overcoming contradictions, ambiguity, uncertaintyof legislation norms, gaps in them in the rule-making and law-enforcement process. Attention is paid tosuch a legal instrument of application of the principle of analogy of law and analogy of law. Proposals aremade to improve the legislation and practice, in particular, the application of the principle of analogy of lawand analogy of law even if it is not provided for in a particular act of legislation. The idea of admissibilityof analogy of law and analogy of law in tort legislation, which contains blanket norms, if as a result ofapplication of this institute the liability is mitigated or eliminated, is substantiated.

PROBLEMS OF INTERNATIONAL LABOR LAW IN THE CONDITIONS OF GLOBALIZATION AND REGIONAL INTEGRATION

O. S. Lilikova, N.K. Mukhortov — Fri, 28 Jun 2024 16:24:37 +0700

The article examines the problems of international labor law in the context of globalization andregional integration. Globalization is considered as one of the current negative trends, manifested in therapprochement of states of the international community with the aim of exerting their mutual influence invarious fields. Economic regional integration leads to the formation of interstate labor markets, which raisesthe question of the possibilities and effectiveness of international labor law in the context of globalizationand regional integration. The objective of this study is to characterize the problems of globalization andregional integration.

THE VALIDITY OF THE DISTINCTION BETWEEN 285 AND 286 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

M.V. Kukasov — Fri, 28 Jun 2024 16:11:14 +0700

The distinction between Articles 285 and 286 of the Russian Criminal Code, addressing abuse andexcess of official powers, has been a focal point of legal discourse. This study critically evaluates thisdifferentiation against the backdrop of escalating official criminal activities. By scrutinizing legal texts,judicial interpretations, and scholarly opinions, the research challenges the established criteria by theSupreme Court, emphasizing discrepancies in both subjective and objective elements. This analysis questionsthe adequacy of the rules separating these offenses. The article explores diverse perspectives, advocating fortheir merger due to substantial similarities and the growing complexity of official crimes.In contemporary contexts, where the dynamics of official misconduct have evolved, it's essential toreassess legal frameworks. Officials often engage in multifaceted illicit activities that blur the line betweenabuse and excess of power. A unified approach is pivotal for just adjudication. Merging these articles can leadto a more nuanced legal framework, better suited to address the intricate nature of modern official crimes.

ТЕОРЕТИЧЕСКАЯ МОДЕЛЬ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА НЕЗАКОННОЕ ПРЕДПРИНИМАТЕЛЬСТВО

A.A. Korennaya — Fri, 28 Jun 2024 15:38:57 +0700

xThe article examines the history of the development of criminal liability for illegal entrepreneurshipin Russian legislation, the criminal legal characteristics of the crime under Art. 171 of the Criminal Codeof the Russian Federation. The author analyzes the controversial issues of determining the social danger ofillegal entrepreneurship and highlights law enforcement problems. Based on the results of the study, modelprovisions for criminal liability for illegal business activities are proposed, based on the provision that thereis no necessary and sufficient for the criminalization of a public danger of an act carried out by carrying outbusiness activities without registration. The author also argues the provisions on the actual impossibilityof bringing to criminal liability for carrying out activities in the absence of accreditation in the nationalaccreditation system due to the lack of mandatory requirements for such activities. The above allows us to conclude that such a method of carrying out the objective side of illegal entrepreneurship does not meet thecriterion of public danger, and the norm in question in this part will be subject to adjustment.

FRONTIERS FOR THE IMPLEMENTATION AND PROTECTION OF SUBJECTIVE CIVIL DIGITAL RIGHTS IN THE PROCESS OF REFORM OF THE CIVIL CODE OF UZBEKISTAN: PROBLEMS AND SOLUTIONS

Ш.Н. Рузиназаров — Fri, 28 Jun 2024 15:14:01 +0700

This article discusses the frontiers for the implementation and protection of subjective civil digital rights
in the process of reform of the Civil Code of Uzbekistan, identifies specific problems and develops appropriate
solutions. The article presents conceptual scientific-practical and educational-methodological problems on
the implementation and protection of civil digital rights in the Republic of Uzbekistan and ways to solve them.

REGULATION OF WORKING TIME IN RUSSIA AND EUROPEAN COUNTRIES: LEGAL ASPECT

Ю.С. Гусакова, A.A. Safonov — Fri, 28 Jun 2024 15:09:44 +0700

The article is devoted to the comparative legal characteristic of legal regulation of working time in thelaw of the Russian Federation and foreign countries (on the example of European countries). Working timeis one of the institutes of the Russian labor law, which determines the types and modes of working time.Within the framework of this article the legal regulation of working time is analyzed on the example of suchEuropean countries as Great Britain, Germany, France, Denmark, Switzerland.

PARTY AUTONOMY AND DETERMINING THE LAW TO BE APPLIED TO DETERMINING THE LEGAL STATUS OF PERSONS

Yu.V. Blinova — Fri, 28 Jun 2024 15:04:52 +0700

In this article, the author examines the possibilities of using party autonomy in determining the law tobe applied to determine the legal status of persons. The author concludes, today in Russian conflict of lawlegislation party autonomy only in exceptional cases finds a place when determining the law to be appliedto determine the legal status of individuals and legal entities, which is largely due to the negative attitudeof the legislator to transactions aimed at limiting the passive legal capacity and active legal capacity. On theother hand, expanding the passive legal capacity or active legal capacity of persons due to a foreign law doesnot always find consensus among domestic law enforcement officials.

PROBLEMS OF ORGANIZATIONAL AND LEGAL REGULATION OF ENVIRONMENTAL SAFETY IN THE DONETSK PEOPLE'S REPUBLIC

N.L. Shelukhin — Fri, 28 Jun 2024 14:54:06 +0700

The article reveals the problems of legal regulation of environmental activities during the period ofthe SVO in Donbass. Particular attention is paid to issues related to the disposal and processing of wasteresulting from the destruction of industrial and civil construction projects; technological waste from miningand metallurgical complexes, glass waste. Ways to improve legal regulation and a number of organizationalmeasures are proposed to resolve a range of issues related to improving the environmental situation in theregion.

PREVENTION OF ADMINISTRATIVE AND CRIMINAL OFFENSE IN THE ECONOMIC FIELD AS ONE OF THE WAYS TO ENSURING ECONOMIC SECURITY

I.F. Haraberyush — Fri, 28 Jun 2024 14:44:57 +0700

The article discusses the areas of crime prevention in the economic sphere that affect its economicsecurity. It is shown that the training of specialists is an important component of the crime prevention system.An important place is occupied by the interaction of subjects of preventive work. The concept of «businesssector» is deciphered. It is noted that special crime prevention measures are a subsystem of general socialprevention. Special crime prevention measures are divided conditionally into three groups: organizationaland technical, administrative and criminal procedural, information and educational.

LEGAL REGULATION OF CONTROL AND SUPERVISORY ACTIVITIES IN THE DONETSK PEOPLE'S REPUBLIC

T.V. Filipenko — Fri, 28 Jun 2024 14:39:52 +0700

The article considers the features of the legal regulation of control and supervisory activities in theDonetsk People's Republic, as a new subject of the Russian Federation. The normative legal documentsregulating the procedure for conducting control and supervisory activities during the transition period arepresented. The organizational and legal measures necessary for the formation of a regional control andsupervision system in the Donetsk People's Republic have been identified.

LEGAL SUPPORT OF TECHNOLOGICAL SOVEREIGNTY OF RUSSIA; CURRENT STATE AND RESERVES FOR IMPROVEMENT

E. S. Anichkin — Fri, 28 Jun 2024 14:34:18 +0700

The article is devoted to revealing the causes and nature of Russia's technological sovereignty, as wellas characterizing the current state of its legal regulation. Special attention is paid to proposals for the use ofadditional legal mechanisms to ensure the technological sovereignty of our country.

THE MAIN PROBLEM OF JURISPRUDENCE IS NOT NIHILISM, BUT FORMALISM

V.V. Sorokin — Fri, 28 Jun 2024 14:26:24 +0700

In the article, the author gives examples of the dangers of a formal approach when using the institutionof legal responsibility. The author proves that legal formalism in various countries of the world inclinesinvestigators to the probabilistic basis of the accusation. Because legal formalism, from the point of view oflegal values, is meaningless and always fills its void with one thing — political engagement. The doctrine thatrecognizes probable guilt as sufficient for conviction has always served as the basis for political repression inthe history of jurisprudence. That is why legal formalism is not compatible with the regime of legality andrepresents arbitrariness and lawlessness.

F. F. KOKOSHKIN'S LEGAL CONSIDERATIONS

D.D. Dolguj — Fri, 28 Jun 2024 14:20:51 +0700

The article is devoted to F. F Kokoshkin's biography. A general description of F.F. Kokoshkin's opinionson the definition and characteristics of the state, the form of the state is offered. A special attention is paid tothe rights of a person. Parliamentarism and the independence of authorities are considered. The sociologicalschool of law is analyzed.

CONSTITUTIONS OF KAZAKHSTAN, RUSSIA AND UZBEKISTAN IN THE SERVICE OF HUMAN: COMPARATIVE ANALYSIS

M.H. Mataeva — Wed, 03 Apr 2024 15:54:39 +0700

The article notes that a person needs certain rights to achieve any goals: the right to life, to education,to work, to health care, to family. The science of jurisprudence always keeps in view issues of human rightsand freedoms. In any democratic state, the Constitution, as the most important institution of democracy,enshrines and guarantees the fundamental rights and freedoms that belong to it from birth and areabsolute and inalienable. The author analyzes the history of the development of the Constitutions of Russia,Kazakhstan and Uzbekistan.Changes to the basic laws of the countries have shown that the constitutions of Kazakhstan, Uzbekistanand Russia are documents obliging the state to see, preserve and ensure the uniqueness of each individual.Before the collapse of the USSR, countries dealt with a legal system that denied the independent statusand importance of the individual. The previous state regime refused to consider a person as a subject ofeconomics, law and politics. Therefore, the constitutions of independent states not only excluded thisapproach, but also began to create a legal basis for the formation and strengthening of a new ideology ofthinking — the thinking of a citizen who recognizes himself as a part of the country and considers himselfas a person on whom its future depends.

INTERNATIONAL EXPERIENCE OF LEGAL COUNTERING FAKEVIZATION OF THE INFORMATION SPACE

О.А. Голубцова — Wed, 03 Apr 2024 15:33:49 +0700

The article examines the international experience of legal counteraction of the information spacefalsification at the present stage. In legal science, the aspect of information security in the context of theglobalization of the information space is a current area of research, and the issues of creating and operatinga state information security system are important for the sustainable development of the state and society.It has been established that systemic and ongoing disinformation is now becoming one of the main threats.The experience of foreign countries that have taken steps at the legislative level towards countering thespread of fake information is considered. It is concluded that Russia has laid the legal foundation for furtherpractical steps towards preventing the spread of disinformation, which can negatively affect the activitiesof many institutions. It has been established that only the coordinated efforts of authorities by establishingeffective interstate interaction and improving the regulatory framework using modern information securitytechnologies will ensure the necessary level of information security in the context of the globalization ofthe information space.

ON THE CONCEPT AND TYPES OF INTERNATIONAL SANCTIONS

Yu.V. Blinova — Wed, 03 Apr 2024 15:28:18 +0700

In this article, the author examines the concept and types of international sanctions. Based on thepresented definitions from different dictionaries, the following criteria for sanctions we identify: 1) as arule the source of sanctions is a higher (authority) authority; 2) the presence of an offense; 3) adverseconsequences; 4) within the framework of international law — a measure of influence. The author concludesthat in the modern period the concept of “sanctions” has become widespread among scientists in variousfields of science. At the same time, when it comes to the actions of one state, we understand sanctions asunilateral restrictive measures that entail adverse consequences, and not as measures of responsibility.Personalization and targeting of international sanctions leads to easy legalization of the latter, which,however, is unlikely to be complete in the absence of political will. At the same time, there is a variety oftypes of international sanctions.

COMPULSORY MEDICAL MEASURES APPLIED TO PERSONS WHO HAVE COMMITTED SEXUAL OFFENSES

Н.В. Тыдыкова — Wed, 03 Apr 2024 15:22:34 +0700

The article reveals the approach of the current criminal law to the issue of applying compulsory medicalmeasures to persons who have committed sexual crimes against persons under the age of fourteen andsuffering from a disorder of sexual preference (pedophilia), which does not exclude sanity. A proposal toinclude provisions on mandatory chemical castration for a number of categories of persons in the CriminalCode of the Russian Federation is receiving analysis. The author comes to the conclusion that such a measurewill not be an effective way to prevent repeated cases of committing such crimes, but at the same time it maylead to negative consequences.

QUALITY OF PROTECTIVE ACTIVITIES CARRIED OUT BY A NON-PROFESSIONAL DEFENDER IN A CRIMINAL CASE

L.G. Sukhanova — Wed, 03 Apr 2024 15:14:36 +0700

In this article, on the basis of an analysis of theoretical provisions, legislative provisions, a survey ofjudges, defense lawyers, including various media publications, it is determined which subjects actually mostoften act as non-professional defenders, such in half of the cases are relatives of the accused. It is concludedthat the established practice seeks to admit professionals with relevant knowledge, experience and skills asdefenders. The absence of legislative provisions governing the status of a non-professional defender, as wellas requirements for his actions to protect a suspect accused of criminal proceedings, is indicated, as a result ofwhich law enforcement practice has developed a different attitude to the status of non-professional defendersin a criminal case and the need for their participation. Conclusions were formulated on the specificationof the procedural status of non-professional defenders, as well as on the use of possible methods of legalassessment of their activities.

THE PROBLEM OF THE NECESSITY TO WORK WITH EMPLOYEES OF EDUCATIONAL ORGANIZATIONS TO PREVENT THEM SPREADING THE IDEOLOGY OF TERRORISM

M.A. Starodubtseva — Wed, 03 Apr 2024 15:03:05 +0700

The article examines the facts of the spread of the ideology of terrorism in educational organizationsby employees of these organizations. It is noted that such practice is rare in Russia, however, the situationabroad is not so calm. Thus, a resonant case was noted in the UK in 2018: 25-year old U., a teacher at oneof the London colleges, was accused of radicalizing students at the college and mosque, as a result of whichthey held games reflecting the incidents of terrorist attacks in London. He also showed in his classes videosof hostages being beheaded by ISIS militants.U. noted that he plans, on the instructions of ISIS, to «create an army of students» that would helpcarry out attacks on «several targets using various types of weapons.» At the same time, U. did not have thequalifications to work as a teacher, but was accepted to teach Islamic studies. A similar situation was observedin Sweden in 2023. Of the 83 people found to have returned to Sweden from ISIS-controlled territory, 21 arenow working with children, youth and vulnerable people, according to an investigation by Swedish mediaoutlet Expressen. These are people who fought for ISIS and lived in areas controlled by ISIS. In several cases,ISIS returnees were recruited shortly after returning from Syria, where in many cases they spent several years with the terrorist sect. Hence, the author comes to the conclusion that working with employees ofeducational organizations to prevent them from spreading the ideology of terrorism confirms its necessity

EVOLUTION OF JURY TRIALS IN AFRICAN CRIMINAL PROCEEDINGS DURING THE COLONIZATION PERIOD: EXPERIENCE AND RELEVANCE

B. S. Batyrbaev, B.T. Toktobaev — Wed, 03 Apr 2024 11:31:44 +0700

This article examines the evolution of the jury system in criminal proceedings in African countries duringthe period of colonization. Colonial territories are classified into four groups depending on the characteristicsof the functioning of the jury. Historical data is analyzed for Sierra Leone, Gambia, Ghana and Nigeria,which represent the first group, and Kenya and Southern Rhodesia, the second group, where jury servicewas limited to Europeans. The third group includes Zanzibar and Aden, where there was a strong influenceof the legal systems of India and Kenya. The fourth group is South Africa, including the Transvaal, CapeColony, Orange Free State and Natal, where the jury system was transplanted from the existing legal system.A study of the functioning of juries in these countries provides insight into what problems with jury size and the verdict process have arisen and been resolved in the past. Lessons learned from the African experiencewill allow us to consider current challenges in the modern justice system.

АКТУАЛЬНЫЕ ВОПРОСЫ ОРГАНИЗАЦИИ ТУРИЗМА НА ТЕРРИТОРИЯХ ГОСУДАРСТВЕННЫХ ПРИРОДНЫХ ЗАПОВЕДНИКОВ

Н.И. Калашник, О.А. Трубникова — Wed, 03 Apr 2024 11:22:41 +0700

The article discusses problematic issues of organizing and implementing tourism in the territories ofstate natural reserves. The authors consider the development and reflection of the idea of conservation indomestic regulatory legal acts. Based on the analysis of the current regulatory framework, problems in thedevelopment of tourism activities in nature reserves of the Russian Federation are identified. It is notedthat the requirements established in the legislation for the organization and implementation of tourism innature reserves do not allow us to fully solve the problem of preserving natural objects and complexes, floraand fauna, biological diversity in their natural state due to the lack of regulations providing for features thatallow significantly reduce the negative anthropogenic impact on protected areas of nature. The authorsconclude that in the context of the active development of tourism in nature reserves, in order to preserve protected areas as reference areas of nature, legal regulation of relations in the area of tourism activity underconsideration is necessary, allowing a balanced combination of socio-economic and environmental interestsof society and the state.

THE ROLE OF LOCAL GOVERNMENT BODIES OF THE DONETSK PEOPLE'S REPUBLIC IN MINIMIZING THREATS TO ECONOMIC SECURITY IN THE ECONOMIC FIELD

Shelukhin N.L. — Wed, 03 Apr 2024 11:17:46 +0700

The article notes that minimizing threats to economic security in the economic sphere at the localgovernment level is ensured through the continuity of the provision of high-quality utility, transport, socialand other types of services that ensure the life of the municipality and business entities located on itsterritory. The presence of high-quality municipal infrastructure, and, accordingly, the quality of municipalservices, significantly influences the activation of economic activity. The higher the quality of municipalservices, the more the risks of economic activity associated with logistics and management are reduced —reducing the time of delivery of goods, extending the service life of transport, etc. The organizational andlegal mechanism for minimizing threats to economic security in the economic sphere can be defined as amechanism for the organization and system of activities of state executive authorities, local governmentbodies, law enforcement agencies and business entities in the sphere of public relations arising in connectionwith ensuring the safe and stable activities of business entities through minimizing threats of various originsto their activities.

ON THE CONSTITUTIONAL PRINCIPLE OF EQUALITY OF CITIZENS AND NOVELTIES OF THE INSTITUTION OF TERMINATION OF CITIZENSHIP OF THE RUSSIAN FEDERATION

E.V. Kulakova — Wed, 03 Apr 2024 11:14:25 +0700

The article analyzes the constitutionality of the grounds for termination of citizenship of the RussianFederation, which are enshrined in the new Federal Law «On Citizenship of the Russian Federation» of2023. The author focuses on various terminological discrepancies used by the legislator: “renunciation ofcitizenship”, “cancellation of the decision on admission to citizenship”, “deprivation of citizenship”, “loss ofcitizenship”. To comply with the constitutional principle of equality of citizens, the proposal to introduce theinstitution of “automatic loss of citizenship” is justified.

CURRENT ISSUES OF STAFFING OF LOCAL GOVERNMENTS

E.Yu. Balayan, О.Л. Казанцева — Wed, 03 Apr 2024 11:10:03 +0700

In the context of the development of digitalization processes, the active introduction of informationtechnologies into the system of state power, it became necessary to assess the available personnel oflocal governments, analyze the personnel potential of the municipal service, capable of meeting modernrequirements. Local self — government is a level of government that directly interacts with the population,according to which the effectiveness of the exercise of state power as a whole is assessed. In this regard, theimportance and responsibility of municipal employees for the high-quality performance of their assignedpowers is increasing, there is a need to create an effective system for the formation and development ofhuman resources of municipal employees, the search for new tools, methods for evaluating current andfuture municipal employees.

ON THE ISSUE OF INTERACTION BETWEEN THE STATE AND THE ECONOMY

L.A. Mukova — Wed, 03 Apr 2024 11:04:05 +0700

The issue of interaction between the state and the economy is constantly relevant for the general theoryof the state. It arises every time there are fundamental changes in the type of state organization in neweconomic conditions. Solving problems of the relationship between the state and the economy occurs at twolevels: general theoretical and applied. The study of the relationship between the state and the economy at ageneral theoretical level involves the clarification and formulation of general patterns of their development,interaction, regardless of their types, the determination of priorities in the social development of society.In scientific legal literature, at a theoretical level, the relationship between the state and the economy isconsidered from various positions: or economics determines the development of the state and politics, orthe state determines the directions of economic development or are in a parity state.

ОСОБЕННОСТИ ДЕЯТЕЛЬНОСТИ CУДЕБНЫХ ОРГАНОВ ГОРНОГО АЛТАЯ В 1920–1940-Е ГГ.

O.A. Goncharova, T.V. Ankudinova — Wed, 03 Apr 2024 11:01:24 +0700

The article is devoted to the study of the activity of the judicial authorities of the Altai Mountainsin the early years of Soviet power. The specifics of the activity consisted in the remoteness and nationalcharacteristics of the region.

CONCEPT AND TYPES OF INTERNATIONAL CRIMES

S.Yu. Mironenkо — Wed, 03 Apr 2024 00:00:00 +0700

The article analyzes the concept and types of international crimes. Numerous military conflicts, bothinternational and non-international, and the struggle for economic dominance take the lives of a largenumber of people, create a threat to the peaceful coexistence of states, peoples, nations, and encroach on thenormal course of international relations. An unprecedented increase in crimes that harm not only individuals,but also the interests of many states, is a characteristic feature of modern times. The classification of thesecrimes given in the statutes of the Nuremberg and Tokyo International Military Tribunals, the GenevaConventions, documents of the United Nations (hereinafter referred to as the UN), the Rome Statute, and theworks of some scientists is considered. It is concluded that the list of international crimes is only approximate,since it will constantly change as international law develops. In the science of international law, crimesagainst humanity and war crimes are often combined into the broader group of crimes against the securityof humanity. In our opinion, this is due to the fact that regardless of whether such crimes are committed inpeacetime or wartime, the consequences of their commission limit, at a minimum, the conditions for thesafe existence of the human community.

“KARAMOLA RULES” — THE RESULT OF ABAI’S LAWMAKING

M.H. Matayeva — Thu, 28 Dec 2023 11:35:17 +0700

The article analyzes the code of laws “Rules of Karamola”, compiled by Abai to regulate public relationsin Kazakh society at the end of the nineteenth century. The significant role of Abai in the compilation of thecode of laws, his humane attitude to crimes committed against women is noted. The great importance ofthe norms on criminal and criminal procedure law of the late nineteenth century for the improvement ofmodern legislation of the Republic of Kazakhstan is emphasized.

MODEL LEGISLATION OF THE CIS MEMBER STATES ON JURY TRIALS

N.A. Dudko — Thu, 28 Dec 2023 11:30:38 +0700

The article considers the issue of inter-parliamentary cooperation of the member states of theCommonwealth of Independent States (CIS), formed in 1991. The main form of inter-parliamentarycooperation of the member states of the Commonwealth of Independent States is model lawmaking. As aresult of a comparative legal study, it was concluded that the model legislation of the Commonwealth ofIndependent States and the national legislation of the CIS member states, in particular the legislation ontrial with the participation of jurors, are interrelated and mutually influenced. The subject of the study wasthe norms of the “Model Criminal Procedure Code for the CIS Member States” in 1996 and the norms ofthe “Model Code on the Judicial System and the Status of Judges for the CIS Member States” in 2011. Thegeneral tendency to improve the judicial systems of the Russian Federation, the Republic of Kazakhstan, theKyrgyz Republic was revealed — the legislative consolidation of the possibility of considering criminal casesby a court with the participation of jurors. In the Russian Federation and the Republic of Kazakhstan, thecourt with the participation of jurors is successfully functioning, in the Kyrgyz Republic it will be introducedin January 2025.

SECRET INVESTIGATIVE ACTIONS: RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION

S.I. Davidov — Thu, 28 Dec 2023 11:25:25 +0700

Approaches to legislative regulation in the criminal procedural codes of individual former USSRrepublics of the new institution of covert investigative actions are analyzed. Contradictory assessments ofthe reform of Russian criminal procedure legislation in this context are given, taking into account foreignexperience. There is a tendency to expand the legislative consolidation of the investigator's powers to usesecret methods of obtaining information in the interests of the investigation. The existence of prerequisitesfor more active use by the investigator of secret methods of solving and investigating crimes is substantiated.Their importance in the fulfillment of the investigator's duty prescribed in the Code of Criminal Procedureof the Russian Federation to take measures to identify the person who committed the crime is emphasized.The conclusion is made that there is insufficient scientific support for the introduction of the institution of covert investigative actions in the Criminal Procedure Code of the Russian Federation. Current directions ofscientific research in this area, which should be interdisciplinary in nature, are highlighted.

ON THE SHORTCOMINGS OF NORM DESIGNS, PROVIDED FOR IN ARTICLES 2401 AND 241 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

N.V. Tydykova — Tue, 26 Dec 2023 16:20:12 +0700

The article is devoted to the study of the construction of norms provided for in Articles 240.1 and 241of the Criminal Code of the Russian Federation for the purpose of compliance with the rules of legislativetechnology, which would make it possible to consolidate crime-forming characteristics in a way that ensurestheir uniform interpretation. A number of complaints about the designs of the studied compositions wererevealed. There is uncertainty in the reflection of signs of the age of the victim, which excludes the possibilityof a uniform interpretation in practice. Criticism is given to the legislator's use of plural constructions forsome characteristics. The establishment of the minimum threshold for a minor victim at sixteen years isidentified as an omission of the legislator and the need to establish criminal liability for receiving sexualservices of minors at a younger age in parts 2 and 3 of the studied norm is justified. The lack of a definitionof the concept of «prostitution» in the criminal law, which is used in the construction of a number of norms,has been criticized. The author, relying on the provisions of Art. 5 of the Criminal Code of the RussianFederation, came to the conclusion that the absence of an indication of knowledge about the age of minorsis not a defect in legislative technology.

TOWARDS THE CRIMINALISATION OF PROMISING/OFFERING A BRIBE AND CONSENTING TO A BRIBE IN KAZAKHSTAN

Е.V. Mitskaya — Tue, 26 Dec 2023 16:15:01 +0700

At present in Kazakhstan, the increase in the number of corrupt criminal offences, including on the partof high officials, heads of a number of Kazakhstani companies, is due to a stronger political will of the headof state to resolutely oppose corruption. Such a desire allows paying attention to criminal law norms, whichoccupy an important place in the set of measures to combat a systemic vice of the state, jeopardising nationalsecurity. The potential of criminal law in anti-corruption policy has not been exhausted. The discussion ofanti-corruption fight is very relevant against the background of possible implementation of norms of anticorruption international standards into the Kazakh criminal law, which contradict the doctrinal provisionsof the Kazakh criminal law. This study is devoted to the assessment of possible criminalisation of promising,offering and agreeing to receive a bribe in order to strengthen the criminal law fight against corruption. Theproposed changes, in the author's opinion, do not allow to hope that they will ultimately serve the realisationof a useful goal of Kazakhstan's anti-corruption policy, and open the ground for aninformed discussion onfurther fight against corruption.

EXAMPLE CRIMINOLOGICAL DETERMINANTS OF THE SPREAD OF THE IDEOLOGY OF TERRORISM IN EDUCATIONAL ORGANIZATIONS OF HIGHER EDUCATION AND PROFESSIONAL EDUCATIONAL ORGANIZATIONS

M.A. Starodubtseva — Tue, 26 Dec 2023 16:05:37 +0700

The article examines the facts of the spread of the ideology of terrorism in educational organizationsas manifestations of «idealistic» terrorism, according to the classification proposed by Yu.M. Antonyan.From the point of view of criminology, terrorism is understood as a diverse phenomenon. In this regard,it is necessary to determine what type of terrorism educational organizations face. Next, it is necessary tohighlight the determinants of the spread of the ideology of terrorism in educational organizations.The analysis of criminal cases according to the elements of Art. 205.2 of the Criminal Code of theRussian Federation and a survey of teachers and teachers of a number of educational organizations in theAltai Territory makes it possible to determine the determinants of the spread of the ideology of terrorismin educational organizations. The traditional division of the determinants of crime into general social,socio-psychological and personal needs to be clarified in relation to terrorist crimes committed by youngpeople studying in educational organizations. Among the general social determinants of terrorist crime in educational organizations, the main role is played by the social qualities of young people. Among the sociopsychological determinants, the main role is played by shortcomings in family education and the formalismof preventive measures. The analysis of criminal cases allows us to conclude that among the families of thoseaccused and on trial for committing terrorist crimes in educational organizations, pedagogically incorrectlyoriented families prevail, where, for one reason or another, psychological contact with the child has notbeen established.

FORMATION OF A SYSTEM OF OBJECTS OF CRIMINAL LAW PROTECTION IN THE THEORETICAL MODELING OF THE CRIMINAL LAW ON CRIMES IN THE FIELD OF ECONOMIC ACTIVITY

A.A. Korennaya — Tue, 26 Dec 2023 13:22:48 +0700

Allocation of unified system-forming criteria for classification (generalization) of objects of criminallaw protection of economic activity (Chapter 22 of the Criminal Code of the Russian Federation). Usingthe methods of cognition: comparative analysis, dialectical, sociological, the author of the study coming to conclusions: 1) the current system of objects of criminal law protection is represented by extremely diversesocial relations, which should not infrequently be fixed in other chapters and sections of the criminallaw; 2) despite the variety of objects, it is possible to identify common grounds for combining all criminalencroachments into a common system, in this case it is necessary to take as a basis separate elements of socialrelations: the subject, the subject or the content. The author comes to the conclusion that harm is caused tothe subject of public relations in all cases, respectively, when determining the system of objects, it is necessaryto establish which element — the subject or content is the most significant for society, and accordingly, acriminal law protection regime is introduced in relation to it. The author of the scientific work proposes toestablish the “priority of protection” in relation to the most significant element of public relations. Such anapproach will allow us to achieve several independent, significant goals: to systematize the total volumeof objects of criminal legal protection, to identify criminal encroachments that are not related to economiccrimes, to develop unified legal and technical rules and models for formulating the disposition of criminallaw norms. The work is theoretical in nature and is aimed at developing a fundamental model for reformingthe criminal legislation of the Russian Federation on responsibility for crimes in the sphere of economicactivity, both within the framework of the current Criminal Code of the Russian Federation, and in the caseof the development and adoption of a new criminal law

FEATURES OF PREVENTION OF CRIMES RELATED TO RAPE

A.D. Isaeva — Tue, 26 Dec 2023 13:15:31 +0700

Currently, moral foundations in the field of sexual relations in Russian society are significantly shakendue to the aggressive display of sex technology in the media and communication, the illegal distribution ofpornography and pedophilia and other similar forms of moral “liberation of a free personality.”Rape is one of the most serious crimes against sexual integrity and sexual freedom of the individual.Among other homogeneous crimes, rape accounts for 85–90%.The destabilization of the situation in the country, the increase in serious violent crimes, the impunityof many crimes, indicating the ineffectiveness of victimsʹ appeals to law enforcement agencies, the fear ofrevenge from criminals — all this indicates that the real number of such serious sexual crimes as rape is intwo to three times more than officially registered. The article examines the current state of crimes againstsexual freedom and sexual integrity. The author describes the main methods of preventing and combatingrape.

THE PLACE OF THE PROSECUTOR IN THE SYSTEM OF ENTITIES CARRYING OUT CRIMINAL PROSECUTION IN CRIMINAL CASES HANDLED BY THE BODIES OF INQUIRY

D.A. Emelyanova, K.A. Sinkin — Tue, 26 Dec 2023 13:08:56 +0700

The article discusses problematic issues of the powers of the prosecutor in relation to the powers of otherentities carrying out criminal prosecution in criminal cases being processed by the investigative bodies. Theauthors come to the conclusion that unlike subjects who have the right to implement the function of criminalprosecution in criminal cases handled by the bodies of inquiry (inquiry body, investigator, head of the inquirybody, head of the inquiry unit) the prosecutor does not directly implement the function of criminal prosecutionin criminal cases of this category. At the same time the prosecutor has the authority to direct the criminalprosecution in criminal cases being processed by the investigative bodies as well as the authority to exercise thefunction of prosecutorial supervision over the bodies and officials carrying out criminal prosecution in criminalcases being processed by the investigative bodies. In addition depriving the prosecutor of the right to initiatecriminal proceedings is not consistent with the implementation of criminal prosecution.

ACTIVITIES OF THE INTERNAL AFFAIRS BODIES FOR THE PREVENTION OF CRIMES RELATED TO ILLEGAL TRAFFICKING OF FIREARMS, AMMUNITION, EXPLOSIVES

P.R. Vasilyeva — Tue, 26 Dec 2023 13:02:05 +0700

In modern conditions, there is a need to take tough preventive measures to combat illegal armstrafficking, primarily related to strengthening control over its legal circulation within the framework of theactivities of the internal affairs bodies in the prescribed direction. The development of these measures ispossible only on the basis of an in-depth analysis of the range of measures taken by the internal affairs bodiesto prevent illegal arms trafficking, since without fundamental scientific research of this phenomenon, theactivities of law enforcement agencies to combat it are ineffective, which in turn requires special attentionfrom law enforcement officers.The author, analyzing the measures taken by the internal affairs bodies to prevent illegal arms trafficking,as well as foreign experience in this direction, suggests measures to improve the activities of the internalaffairs bodies.

LEGAL REGULATION OF COUNTERING EXTREMISM IN THE REPUBLIC OF TAJIKISTAN

V.A. Abdukhamitov — Tue, 26 Dec 2023 12:56:14 +0700

The article analyzes the norms of the criminal legislation of the Republic of Tajikistan that providefor liability for extremism, and reveals the problems of defining the conceptual apparatus in the new Lawof the Republic of Tajikistan “On Combating Extremism.” Awareness of the public danger of promotingnational, racial and religious hatred gradually led the legislation of Tajikistan to establish criminal liabilityfor a number of extremist acts. The research was carried out within the framework of the scientific theme ofthe Department of Criminal Law of the Faculty of Law of the Russian-Tajik (Slavonic) University “The fightagainst religious extremism in the Republic of Tajikistan and the Russian Federation: problems of theory,legislation and practice (2015–2019)”, as well as within the framework of the activities Research Center forCountering Extremism and Terrorism at the Faculty of Law of the Russian-Tajik (Slavonic) University.

MONITORING THE LEGAL DEVELOPMENT OF THE USE OF UNMANNED AIRCRAFT VEHICLES FOR CIVIL PURPOSES

V.V. Sorokin — Mon, 25 Dec 2023 16:43:28 +0700

The use of unmanned aerial vehicles for civilian purposes involves the study of the degree of scientificdevelopment of this issue in our country and abroad. The presented article contains material on thedevelopment of legal aspects of the use of UAVs. The legal regulation of the operation of military aircraft iscaused by modern realities that require ensuring the security and sovereignty of the state. It is necessary todetermine on which legally significant issues there is already sufficient elaboration, and on which there aregaps. Scientific monitoring in this area is necessary to correct the plans of legislative work at the federal andregional levels. The research team of the Altai State University Law Institute has started work on this topic.

FEATURES OF DISMISSAL OF REMOTE WORKER UNDER CH. 1 ART. 312.8 OF THE LABOR CODE OF THE RUSSIAN FEDERATION

J.E. Vasilenko — Mon, 25 Dec 2023 13:29:27 +0700

The development of scientific and technological progress leads to an increase in the percentage ofremote labor relations. In turn, the legal norms governing this type of atypical forms of employment arestill under formation. In particular, there are special grounds for terminating an employment contract atthe initiative of an employer with a remote employee. The issue of termination of the employment contractdue to circumstances related to the guilty acts of the employee has always received a sufficient amountof attention from both the legislator and scientists due to the fact that the employee of such a situation isin a very vulnerable position. At the same time, there are more grounds for terminating an employmentcontract with a remote employee than with an employee working in the office at the employer's location. Consequently, this issue requires more detailed legal regulation in order to prevent the inequality of therights of remote and traditional employees. In the article, the author analyzes some problems arising fromthe dismissal of a remote worker under Part 1 of Art. 312.8 of the Labor Code of the Russian Federation, lawenforcement practice, and also suggests ways to improve labor legislation in this area.

MAIN DIRECTIONS OF ADMINISTRATIVE REFORMS IN THE REPUBLIC OF UZBEKISTAN: MAIN PROBLEMS AND WAYS TO IMPROVE ADMINISTRATIVE LEGISLATION

J.N. Nematov — Mon, 25 Dec 2023 13:19:35 +0700

The article provides a brief scientific analysis of administrative reforms in the Republic of Uzbekistanusing the example of legislation on administrative proceedings. In particular, current problems of determiningthe jurisdiction of cases in administrative proceedings using the example of differentiation from courts incivil cases. Some examples from judicial practice are given. Scientific opinions on solving problems relatedto the determination of administrative jurisdiction are presented.

FEATURES OF THE FORMATION OF THE JUDICIAL SYSTEM OF THE OIROT AUTONOMOUS REGION IN THE 1920S‑1930S

О.A. Goncharova, T.V. Ankudinova — Mon, 25 Dec 2023 13:13:52 +0700

The article is devoted to the study of the formation of the judicial system in the Oirot AutonomousRegion, which was just being formed during the period under review. The specifics also lay in the remotenessand national peculiarities of the region.

RICHARD POSNER'S LEGAL TEACHING ON THE ECONOMIC ANALYSIS OF LAW

Yu.V. Pechatnova — Mon, 25 Dec 2023 13:06:56 +0700

This article examines the formation and development of the economic and legal direction in law, whichlater received the name economic analysis of law. The purpose of the study is to conceptualize the politicaland legal ideas of Richard Posner on the economic analysis of law. The research methodology includesgeneral scientific methods of historical, systemic analysis and structuring, as well as special legal methodsof formal legal analysis and comparative law. The author emphasizes the key political and legal ideas of thefounder of economic analysis of law, Richard Posner, notes the positive aspects of economic analysis of law,and offers a critical understanding of certain controversial manifestations of the dominance of economictheories in law. The conducted research includes three main stages: a study of the background of thedevelopment of the economic-legal direction in law, an analysis of the first scientific works of Richard Posnerdevoted to economic and legal problems in certain branches of law, as well as an analysis of the fundamentalscientific work of Richard Posner “Economic Analysis of Law”. In conclusion, the author formulates theprerequisites for the development of economic analysis of law in Russian legal doctrine.

THE CONCEPT OF THE STATE OF TRUTH IN THE WORKS OF M.V. SHAKHMATOVA

E.O. Indyukova — Mon, 25 Dec 2023 00:00:00 +0700

Classical еurasianism of the twenties of the last century is the result of the mental abilities of multitalented creative individuals. This movement became one of the original directions of post-revolutionaryemigrant thought. Its representatives tried to explain the reasons for the Russianrevolution, innovativelyassessing the historical path of development of the country and its cultural characteristics. The movementaroused deep interest among the Russian intelligentsia and rapidly gained momentum in popularity.Eurasianism remains an under-researched concept, requiring comprehensive study by specialists in the fieldof state and law. Its leaders began to attract new authors to publish in Eurasian publications, among whomwas a graduate of the Faculty of Law of St. Petersburg University Mstislav Vyacheslavovich Shakhmatov. Hisworks are considered quite rarely; a parallel is drawn with the ideas of V.N. Ilyin and N.N. Alekseeva. He published only two articles in eurasian publications, but his role and significance in modern historiographyare assessed radically differently: from being considered one of the founders of eurasianism to denying thescientist's place in the history of this movement.

КОНЦЕПТУАЛЬНЫЕ ПОДХОДЫ К РАЗВИТИЮ ЮРИДИЧЕСКОГО ОБРАЗОВАНИЯ В РЕСПУБЛИКЕ БЕЛАРУСЬ

A.M. Vartanian — Mon, 02 Oct 2023 12:46:15 +0700

xThe present stage of development of legal education in the Republic of Belarus is described. Thelegislation of the Republic of Belarus regulating the relations in the sphere of training of legal profilespecialists is analyzed. Special attention is paid to the conceptual directions of development of legaleducation. Attention is paid to the influence of certain factors on the opportunity of realization of thedirections, stated by the Concept of development of juridical education. The essence and basic directionsof realization of the Conception of development of juridical education in the Republic of Belarus till 2025are disclosed. The experience of the Russian Federation and the Republic of Kazakhstan in elaboration ofconceptual directions of higher education development is given in the article. The conclusion about necessityof orientation of modern juridical education not only on the approaches shaped in world practice in training, but also on the most positive and effective approaches of various systems of preparation of experts of a legalprofile that will allow providing more flexible possibility of adaptation to changing conditions.

ON THE IDENTITY OF THE LEGAL SYSTEM OF THE REPUBLIC OF UZBEKISTAN

V.V. Sorokin — Mon, 02 Oct 2023 12:39:24 +0700

xThe historical development and cultural and legal traditions of the Republic of Uzbekistan have had asignificant impact on the formation and improvement of its legal system. Original in content, it reflects thetransition from the socialist to another type associated with the strengthening of national Uzbek and Slaviccustoms. The modern policy of the state is aimed at creating a stable legal system through the legislativeconsolidation and consolidation of public relations and social values. Understanding the peculiarities ofthe legal system of the Republic of Uzbekistan is necessary for a qualified analysis of draft laws, for makinga balanced decision on the expediency of reception, competently overcoming current problems and a realassessment of the legal consciousness of the Uzbek people.

IMPLEMENTATION OF THE MASTER'S AND POSTGRADUATE MODEL OF TRAINING SCIENTIFIC PERSONNEL FROM AMONG THE CITIZENS OF THE PEOPLE'S REPUBLIC OF CHINA

N.I. Krasnyakov — Mon, 02 Oct 2023 12:30:50 +0700

xSome initial positions of interstate cooperation in the field of educational and scientific relationsbetween the Russian Federation and the People's Republic of China are determined. At the same time, theauthor reveals the grounds, forms and directions of such interaction in the training of scientific personnelfrom among the citizens of the People's Republic of China within the framework of the master's andpostgraduate model of the Novosibirsk National Research State University. A judgment is made about thegenetic connection between politics and law, ultimately determining the evolution of science as a public-stateinstitution. As a conclusion, due to political expediency, a conclusion is proposed about the instrumental roleof science and law in objectifying the needs of social development.

ON THEORETICAL DISTRIBUTION OF THE TERMS “TERROR” AND “ERRORISM”

M.A. Starodubtseva — Mon, 02 Oct 2023 12:25:12 +0700

It should be noted the existing variety of terms used as synonyms for the concept of “terrorism”, forexample, “terror” and “act of terrorism”. The synonymization of these concepts is typical, in particular,for political, sociological, journalistic literature. However, this approach does not correspond to legalmethodology and does not take into account the specific situation in which the specified crime is committed.Therefore, the legal studies on which the dissertation relies in his work usually pose the problem ofdistinguishing between these terms.Difficulties also arise when trying to define the very term “terrorism” at the international or domesticlevels. The author believes that the main factor hindering the search for a unified approach to the definitionof terrorism and its legalization, and as a result, the development of coordinated, united internationalmeasures to combat it, is the extreme politicization of assessments, especially when it comes to state andinterstate terrorism.

AXIOLOGICAL SIGNIFICANCE OF THE PRINCIPLE OF HUMANISM IN CRIMINAL LAW

A.G. Maximov — Mon, 02 Oct 2023 12:19:44 +0700

Criminal law principles are the conceptual basis for the formation of an effective criminal law. In thecurrent Russian legislation, the principles have received normative consolidation, which is positive, theprinciples themselves in this regard should be the basis for the formation of criminal law norms. The authorof the work, using the integration method, studies the principle of humanism, both in general scientificand in a narrowly sectoral meaning, explores the axiological meaning of the principle of humanism. Theintegrative method in scientific research allows us to consider legal phenomena, processes, objects of legalregulation on the basis of methodological approaches of other sciences, not only the humanities, but alsousing mathematical methods, techniques of cybernetics. The article analyzes the criminal-legal significance of the principle of humanism from the perspective of the ratio of punishment and correction, as well as thepriorities of the implementation of the principle under consideration. The author identifies independentelements by means of which the axiological meaning of the principle of humanism is realized in modernRussian criminal law. Such elements include — content, structural, model.

THE INTEGRATION MODEL OF THE RUSSIAN CRIMINAL LAW ON LIABILITY FOR OBSTRUCTION OF ENTREPRENEURIAL AND OTHER LEGITIMATE ACTIVITIES

A.A. Korennaya — Mon, 02 Oct 2023 12:12:30 +0700

Article 169 of the Criminal Code of the Russian Federation is a traditional norm for modern Russianlegislation. It opens Chapter 22 and, based on the content, is designed to ensure the implementation ofthe basic constitutional right — the right to free exercise of economic activity. In this article, the authorexamines this norm in the context of Eurasian integration. Currently, three of the five member countries ofthe Eurasian Economic Union have developed and adopted new Criminal Codes (Kyrgyzstan, Kazakhstan,Armenia). The Criminal Code of the Republic of Belarus, despite the preservation of the basic edition of1999, has undergone serious changes. The criminal laws of the countries of the Eurasian Economic Unioncurrently lack independent norms on criminal liability for obstruction of entrepreneurial or other legitimateeconomic activity. In connection with the designated goal of the Union states — the integration of economiclegislation — there is a need for an inventory of Russian, including criminal legislation in order to form acriminal law based on integration principles (integration model of criminal law). In the study, the authoranalyzes the objective and subjective signs of Article 169 of the Criminal Code of the Russian Federation,as well as the differentiating signs and sanctions of this norm and comes to the conclusion that it isnecessary to decriminalize the composition as a special case of abuse of official powers with the possibility ofsupplementing Article 285 of the Criminal Code of the Russian Federation with the corresponding qualifyingfeature.

ANTI–CORRUPTION EDUCATION IN HIGHER EDUCATION INSTITUTIONS

O.L. Kazantseva — Mon, 02 Oct 2023 12:06:06 +0700

Despite the formation of the legal and organizational foundations for the fight against corruption, theproblem of corruption continues to worsen. The article is devoted to topical issues of combating corruptionin the field of education, attention is paid to the useful experience gained at the Altai State University indeveloping new approaches to preventing negative situations in the educational field. The university activelycarries out anti-corruption education and anti-corruption training of employees and students. At the sametime, countering corruption in the field of education requires further improvement of regulatory legal actsand the introduction of new tools and methods.

LEGAL EDUCATION: CHALLENGES OF THE NEW TIME AND WAYS OF RESPONSE

A.V. Dashko — Mon, 02 Oct 2023 12:00:29 +0700

Legal education often faces practical problems and fails to properly protect the rights of students,teachers and the state. The purpose of the article is to find the most effective ways to develop legal educationin Russia, an attempt is made to generalize the practice of universities on the discipline of students and theformation of their personality. The methodological basis of the article was a combination of dialectical andsystemic research methods, as well as a teleological approach, according to which the student's personalityrequires formation. The author's position is argued regarding the appropriate location of the studentin the hierarchical system of educational relations, provided that the forms of behavior that ensure therecognition of knowledge by the elders and the transmission of the moral law are preserved. The articlemakes suggestions for further study of this problem and improvement of certain provisions of the legislation,allowing to eliminate the gaps in legal regulation. The author comes to the conclusion that the state shouldworry about state educational institutions, professional educational standards, logistics, and on the otherhand, students should meet and support the state initiative on their part.

ADMISSION TO THE RUSSIAN FEDERATION AND THE FORMATION OF THE DONETSK PEOPLE'S REPUBLIC AND THE LUHANSK PEOPLE'S REPUBLIC WITHIN IT: CHARACTERISTIC FEATURES OF LEGAL AND INSTITUTIONAL INTEGRATION

E. S. Anichkin — Mon, 02 Oct 2023 11:56:03 +0700

On the basis of the new constitutions of the DPR and LPR and federal legislation, the characteristicfeatures of the legal and institutional integration of these territories with the Russian Federation areidentified and disclosed. These features include the reflection in the new constitutions of the DPR and LPRof the socio-political situation and the transitional nature of their statehood; the specifics of the content incomparison with other subjects of the Russian Federation in matters of the organization and activities of public authorities in the newly united territories; features of the relationship between individual federal andrepublican state authorities proper

UNITED NATIONS AND INTERNATIONAL LABOR ORGANIZATION STANDARD-SETTING IN THE FIELD OF GENDER EQUITY

A.V. Golovinov, Yu.V. Golovinov — Mon, 02 Oct 2023 00:00:00 +0700

xThe purpose of the article is to show the content of the legal policy of the leading internationalorganizations — the United Nations and the International Labor Organization in the development of theinstitution of gender equality. The article focuses on the period Tue. half of the twentieth century.The authors found that the legal policy of the International Labor Organization turned out to beconsistent. So in Convention 111, the content of the category of discrimination in the field of labor andemployment was disclosed. In the semantic and conceptual sense, work here was organically linked withoccupations, implying also the principle of equal access to areas and levels of vocational training and freechoice of profession by both men and women.

TOPICAL ISSUES OF THE DISPOSAL OF COMMON PROPERTY OF SPOUSES IN PRIVATE INTERNATIONAL LAW

E.Y. Kovalenko, V.O. Davydova — Fri, 23 Jun 2023 11:42:15 +0700

The article deals with topical issues of private international law when disposing of the commonproperty of spouses, in particular, the range of known conflict bindings is determined when choosing theapplicable law in resolving property issues between spouses, the main current problems caused by conflictdifficulties are analyzed, and their possible solutions are proposed. The authors analyzed the followingconflict problems: determining the joint place of residence of the spouses; difficulties associated with thedivision of the property regime of spouses, depending on its types; the problem of the possible occurrenceof a return reference or reference to the laws of a third state; issues related to the occurrence of a mobilecollision or mobile conflict. Among the conflict bindings when choosing the applicable law in the process ofresolving property issues between spouses, the main ones are: the joint place of residence of the spouses (lexdomicilii), and in its absence — the common citizenship of the spouses (lex patria), and if it is also absent —the last joint place of residence spouses. In the case of its absence, the law and order of the state whose lawenforcement authority resolves this case is applied. In addition, the principle of autonomy of the will of theparties (lex voluntatis) can also be used.

HOW INTERNATIONAL STANDARDS OF WOMEN'S RIGHTS WERE BORN: THE EXPERIENCE OF ANALYZING THE LEGAL POLICY OF THE UNITED NATIONS IN THE 1950–1970S.

А.В. Головинов, Yu.V. Golovinov — Fri, 23 Jun 2023 11:09:42 +0700

The purpose of the article is to show the history of the formation of the legal foundations of genderequality in the rule-making activities of the United Nations in the period of 1950–1970s. The chronologicalframework was not chosen by chance, it was for the 50–70s. 20th century there was an active phase of the adoption of legal contractual documents in the field of the institution of the rights of women and men. Theauthors analyze the consistent history of the UN legal policy in this area.The article establishes that a decisive struggle against gender asymmetry fell on the initial stage of theformation of an organization that aims at world peace. In general, the authors come to the conclusion thatfrom the second half of the XX century. in the world community, the process of developing internationallegal acts in the field of protecting women's rights has been developed. Progress in defining the essence andcontent of women's rights proceeded naturally and evolutionarily. International conventions and pacts inthis area were progressively adopted. Ultimately, women were equalized with men. Anti-discriminationinternational legislation was actively developed.

THE BOLOGNA PROCESS: INTEGRATION OF HIGHER EDUCATION

I. Berg, J.I. Ibragimov, S. S. Kapsalyamova, D.B. Osmanova — Fri, 23 Jun 2023 10:52:15 +0700

This work is devoted to the legal analysis of the implementation of the Bologna process in the Kazakheducation system. After signing the agreement on the implementation of the Bologna Process, Kazakhstanhas intensified international cooperation in the field of higher education. The integration of the country'shigher education system into the global educational space is one of the long — term strategic priorities ofthe republic. A significant number of bilateral intergovernmental agreements on cooperation with higherschools of foreign countries have been signed, and the number of direct agreements with foreign universitieshas increased significantly. Quality assurance systems are of fundamental importance for higher educationprograms. The degree or diploma of each cycle should determine the general direction and occupation, andthe qualification system should take into account all the diversity of individual needs, academic success anddemand in the labor market.

ОБЗОР ЗАКОНОВ О НОРМАТИВНО-ПРАВОВЫХ АКТАХ СТРАН СНГ

V.V. Sorokin, Z.I. Ibragimov — Fri, 23 Jun 2023 00:00:00 +0700

The operation of the law on regulatory legal acts in those countries where it has been adopted is aimedat streamlining the system of regulatory legal acts and resolving related issues, from designing to evaluatingthe effectiveness of the impact of the act on public relations. The laws under consideration actualize the legalregulation of public relations, taking into account changes in supranational regulation of relations in thecontext of Eurasian regional integration, prospects for further harmonization of the legislation of the EAEUmember states, as well as the CIS member states.

DEVELOPMENT OF EDUCATIONAL LAW AND EDUCATIONAL LEGISLATION IN THE 21ST CENTURY

V.I. Shkatulla — Thu, 22 Jun 2023 14:16:22 +0700

Based on the analysis of the stages of development of the domestic education system and the relevantacts of strategic planning, a forecast for the development of educational law is given and proposals for itsimprovement are presented.

THE SCIENCE OF THE THEORY OF STATE AND LAW IN RUSSIA: HISTORY AND MODERNITY

E.A. Frolova — Thu, 22 Jun 2023 14:12:35 +0700

The article analyzes the methodological problems of fundamental jurisprudence. The evolution of thebackbone legal science — the theory of state and law is shown. Its prototype was the encyclopedia of legalsciences, representing in a compressed form the entire body of knowledge about law. In Russia, a full legalencyclopedia appears in the 30s of the XIX century. However, domestic science did not follow the path ofencyclopedism — Russian lawyers focused their attention on understanding concepts and creating legalconcepts. The Encyclopedia of Law actually merged with its general theory. In Soviet times, the problemsof the theory of state and law and the philosophy of law were not separated either methodologically or incontent. During this period, the science of the theory of state and law was an inseparable material on issuesof jurisprudence: the theory of state and law, the history of political and legal doctrines, the philosophy oflaw, the sociology of law, and constitutional law (Soviet state law). At the turn of the 20th-21st centuries,significant changes took place in Russian jurisprudence that influenced the methodology of cognition of law.If for the Soviet legal science there was the only true Marxist-Leninist methodology for the study of state andlaw, then in the conditions of the de-ideologization of social sciences, the authors defend the pluralism oflegal understanding. Modern scientific literature states that the methods of cognition used by legal schools can be different and even mutually exclusive. It is recognized that the methodology sets the point of viewfrom which the researcher evaluates the law, and since these methods are poorly compatible, different viewson the essence of law and the state become an objective reality. A consequence of the pluralistic approachto the study of social phenomena was the need to distinguish between related sciences of the historical andtheoretical cycle.

ON UNDERSTANDING CONTINGENCY IN THE QUALIFICATION OF VIOLENT CRIMES

N.V. Tydykova — Thu, 22 Jun 2023 14:06:32 +0700

The article analyzes the practice of interpreting the term «contingency», which is used by the legislatorin the constructions of articles 105, 131 and 132 of the Criminal Code of the Russian Federation. It is notedthat there is no legal definition of this concept, and law enforcement has not developed common approaches.Possible variants of understanding this term in the compositions of rape and violent acts of a sexual natureare being explored. It is proved that for the purposes of qualifying these crimes, it is impossible to use theapproaches that have developed in the practice of qualifying murders, both because of their inconsistencyand because of the significant differences between these crimes. It is noted that at present there are no initialgrounds for determining the nature of the connection between rape or sexual assault and other grave orespecially grave crimes against a person, which would determine the contingency of these crimes. A numberof qualifying issues have been identified that require resolution in order to form a uniform law enforcementpractice: the impact of the time gap between crimes and the procedure for their commission on qualificationon the basis of their conjugation, the possibility of qualifying as crimes conjugated to each other, providedfor by Art. 131 and 132 of the Criminal Code of the Russian Federation.

QUOTA AS A LEGAL TOOL FOR IMPROVING THE EFFICIENCY OF THE EDUCATION SYSTEM

E.V. Nefedova — Thu, 22 Jun 2023 13:59:31 +0700

The author examines the provisions of the current regulatory legal acts of the Russian Federation,guiding (strategic) documents defining the directions of legal policy to improve the effectiveness of theeducation system. The hypothesis is put forward that one of the legal instruments to stimulate interestin specific areas of training, as well as to equalize the needs of the labor market, is the institute of quotas.Referring to the various points of view of scientists on the functional purpose of quotas, their practicalimplementation in the conditions of modern state-legal laws, the author puts forward a provision on thepossibility of perceiving quotas as an independent legal means aimed at regulating public relations. Applyinga variety of means and methods of cognition, among which a special role was assigned to the dialecticalmethod, as well as with the help of comparative legal, formal legal methods, the conclusions are argued,specifying the doctrine of the means of legal regulation, legal advantages, incentives and restrictions in law,aimed, inter alia, at improving the effectiveness of the education system.

THE SYSTEM OF FUNCTIONS AS THE BASIS OF THE CONCEPT OF THE FEDERAL MINISTRY

I.U. Mankovskiy — Thu, 22 Jun 2023 13:52:42 +0700

The effectiveness of public administration depends on the sustainable development of the system offederal executive authorities, in which the key role is assigned to federal ministries. At the same time, there isno unity in the understanding of the federal Ministry in the legal literature. Accordingly, the article exploresthe theoretical, historical, and legal foundations of the formation of the concept of a federal ministry, whichallow us to talk about changing the vector of building the system of federal executive authorities since 2004in order to optimally restructure it in the event of emergency. The analysis of the current regulatory legalacts defining the essence and content of the organization and functioning of federal ministries is carried out.The author suggests in the definition of the concept of the federal ministry to be based on the functionalprinciple enshrined in the current regulatory legal acts. There are «basic» functions characteristic of allfederal ministries and «additional» functions provided to certain federal ministries in accordance withregulatory acts. The conclusion is made about the understanding of the federal Ministry as a centralizedfederal executive body endowed with appropriate functions.

CITIZENSHIP AS AN ELEMENT OF THE CONSTITUTIONAL AND LEGAL STATUS OF A PERSON AND A CITIZEN IN THE DONETSK PEOPLE'S REPUBLIC AND THE LUHANSK PEOPLE'S REPUBLIC

A.E. Kanakova — Thu, 22 Jun 2023 13:44:06 +0700

One of the inalienable features of the state is citizenship, since the existence of the state cannot beensured solely through the constitutional consolidation of the general characteristics of the state and society.It is the presence of persons who have a stable legal connection with the state that ensures the real functioningof public authorities and civil society, turning them from legal structures into functioning legal institutions.In 2014, the Lugansk People's Republic and the Donetsk People's Republic adopted Declarations of Sovereignty,the purpose of which was to mark the moment of formation of states separate from Ukraine. Consequently,the formation of new states predetermines the raising of the question of the status of persons living in theterritories of the Lugansk People's Republic and the Donetsk People's Republic, and their citizenship. Theconstitutional and legal status of the relevant persons was transformed following a qualitative and (or)quantitative change in their citizenship, which entailed not only a different scope of rights, freedoms andduties of a particular individual, but also the content of the principles of the constitutional and legal statusof an individual, on which the essential filling the position of the individual in society.

ИНСТИТУТ ГРАЖДАНСКОЙ ДЕЕСПОСОБНОСТИ НЕСОВЕРШЕННОЛЕТНИХ И ПРАКТИКА ЕГО ПРИМЕНЕНИЯ

S.V. Voronina, J.E. Sadykanova — Thu, 22 Jun 2023 13:37:16 +0700

The Institute of Civil Capacity of Minors is a long-standing subject of scientific knowledge. Eachnew stage of social development affects the definition by national legislation of the legal status of minorparticipants in civil turnover, expressed in the general norms of the Civil Code on individuals. The institution of the legal capacity of minors at the present stage of development has undergone, although not significant,transformations. A certain stage of the economic, social and legal development of modern society contributedto the legislative consolidation of the institute of emancipation, the right to engage in entrepreneurial activity,the right of minors to be members of cooperatives, previously unknown to the Russian legal order. Rapidevolution obliges to improve the legal infrastructure designed to provide adequate legal opportunities forminors to the dictates of time.

THE HETEROGENEITY OF BUSINESS ACTIVITY AS A FACTOR IN THE SYSTEMATIZATION AND DEVELOPMENT OF LEGISLATION

D.V. Pyatkov — Fri, 31 Mar 2023 12:54:21 +0700

CURRENT ISSUES OF THE INSTITUTE OF CROSS-BORDER BANKRUPTCY

E.Y. Kovalenko, M.V. Litskas — Thu, 30 Mar 2023 16:33:45 +0700

In modern conditions, the legal regulation of issues of cross-border insolvency of subjects of internationalprivate law is of particular importance due to the complication of the economic and foreign policy situationaround the world. In such conditions, urgent problems of protecting the rights and legitimate interestsof creditors acquire particular importance. The article deals with topical issues of the institution of crossborder bankruptcy and the tasks of improving insolvency procedures complicated by a foreign element.The authors identified the following most important and interesting problematic issues: 1) the problemof «bankrupt tourism» (and closely related issues of mutual recognition of court decisions and proceduralestoppel); 2) the problem of bringing the persons controlling the debtor to subsidiary liability; and 3) theproblematic aspects of conflict regulation of challenging and invalidating the debtor's transactions. Theauthors pay special attention to the complexity and ambiguous approaches to the choice of applicablelaw and appropriate bindings in such situations. As a result of studying Russian and foreign experience inapplying the norms of private international law in judicial practice in cases arising in the field of cross-borderbankruptcy, the authors came to the conclusion that the domestic legal framework for the legal regulation ofrelations in the field of cross-border bankruptcy needs further changes, primarily on the level of perceptionof universal or regional agreements, such as EU Regulation 20.05.2015 N 2015/848 (Recast), within whichmany contentious issues that arise when choosing the applicable law in matters of cross-border insolvency(bankruptcy) are settled. The Russian legislator should also pay close attention to the problems of crossborder insolvency in the current sanctions conditions, provide for mechanisms for the priority protection ofthe rights of domestic participants in economic turnover, while not excluding the positive foreign experienceof legal regulation in this area.

ON STRENGTHENING CRIMINAL LIABILITY FOR SEXUAL CRIMES COMMITTED BY CLOSE VICTIMS

N.V. Tydykovа — Thu, 30 Mar 2023 16:26:21 +0700

The article is devoted to the study of the question of the possibility of the influence of the nature of therelationship between the perpetrator and the victim on the differentiation of criminal liability for sexualcrimes. With references to foreign experience, it is proved that the commission of such crimes by personswho are in a relationship with the victims, involving trust, recognition of authority, security assurance, is afactor that significantly increases the degree of public danger of these crimes. It is proposed to supplementarticles 131, 132, 134 and 135 of the Criminal Code of the Russian Federation with such a qualifyingcircumstance as their commission by a person who is close to the victim, or lives together with the victim,or who is responsible for treatment, education or training. The substantiation of the differences betweenthe wording proposed for the Russian Criminal Code of the Russian Federation and those used by foreignlegislators is given. In each of the elements of crimes, the place of this qualifying feature is determined. It isproved that taking into account in such cases only the aggravating circumstance in the Criminal Code of theRussian Federation will not ensure an increase in liability to the required level.

HISTORICAL AND LEGAL AND COMPARATIVE ASPECTS OF COUNTERING EXTREMISM

M.A. Starodubtseva — Thu, 30 Mar 2023 15:19:37 +0700

The article provides a study of the retrospective of the emergence and formation of an understandingof extremism. The author refers to the etymology of the very concept of “extremism”. The term “extremism”originates from the Latin word “extremus”, which in translation into Russian means “extreme, excessive”,going beyond the established limits and norms. Based on etymology, extremism can be interpreted as acommitment to extreme views, methods of action. Already in the period of the Ancient World and throughoutthe main stages of history, situations arose in which certain categories of people were ready to violate andviolate existing norms in order to achieve their goals and ideals, while applying measures prohibited by anypublic regulator. In fact, this is what will be called terrorism much later.In political, sociological, journalistic literature, the concepts of “terror”, “terrorism” and “terrorist act”are most often proposed to be used as synonyms. Synonymization in this case is convenient in a utilitariansense, but becomes an obstacle in terms of methodology. Based on etymology, any act of violence can beinterpreted as terrorism only if it pursues the goal of intimidation. But from the point of determining thesubject and object of such crimes, synonymization does not take into account the specific situation in whichthe specified crime is committed. Hence, when considering the history of extremism, as the author notes,it is necessary to trace the change in the interpretation of the term “extremism” at different stages of thedevelopment of society.

КРИМИНАЛИСТИЧЕСКАЯ ХАРАКТЕРИСТИКА ПРЕСТУПЛЕНИЙ, СОВЕРШАЕМЫХ С ИСПОЛЬЗОВАНИЕМ ЦИФРОВЫХ ФИНАНСОВЫХ АКТИВОВ

A.V. Semenov — Thu, 30 Mar 2023 15:13:16 +0700

The article discusses the main provisions on the criminalistic characteristics of crimes committedusing digital financial assets. During the research, the author used various methods of scientific cognition,the basis was the dialectical method using the basics of deduction. Studying general approaches to thedefinition of criminalistic characteristics of crimes, including using the historical method of cognition, theauthor highlights its features of computer crimes in general, and crimes committed using digital financialassets in particular. Further, the study establishes the main approaches to the concept of computer crimes,identifies their types and criminalistic features. The author comes to the conclusion that the very conceptof «computer crimes» refers exclusively to criminology, it is extremely difficult to single out the substantivefeatures of such crimes in relation to substantive law. Further, on the basis of a general analysis, the featuresof the criminalistic characteristics of crimes committed using digital financial assets are determined andsystematized, to which the author refers: the method of commission, the situation and the identity of thecriminal.

PROTECTION OF THE RIGHT OF POOR CITIZENS OF THE RUSSIAN FEDERATION TO HOUSING BY INDIVIDUAL STATE BODIES

K.K. Plehotko — Thu, 30 Mar 2023 15:02:30 +0700

In Russia, an extensive system of bodies involved in the protection of the rights of citizens has developed.At the same time, their work often affects not only the resolution of a particular dispute, but also affectsthe entire system of social relations in a certain area. The Supreme Court of the Russian Federation andthe highest judicial bodies of the constituent entities of the Russian Federation may invalidate, respectively,certain provisions of the regulatory act at the level of the Russian Federation or its constituent entity. TheProsecutor's Office of the Russian Federation has a significant impact on public relations, since it not onlyconsiders specific complaints, but also exercises overall control over the activities of public bodies. TheCommissioners for Human Rights of the Russian Federation and in its subjects have the opportunity to collecta large amount of factual material about the real state of affairs in any direction. A study of the activities ofthese bodies to protect the right of poor citizens to housing and the use of existing powers will allow us toevaluate the effectiveness of the mechanism for ensuring the rights of citizens.

ROSTEKH STATE CORPORATION: LEGAL AND PRACTICAL ASPECTS OF ACTIVITY

T.L. Platunova, V.A. Mezhentsev — Thu, 30 Mar 2023 14:55:20 +0700

The article provides a study of the Rostec State Corporation as a non-profit organization, as a legalentity endowed with all the features. Such a statement of the problem led to an analysis of the structureof the corporation, the functions, and management bodies of the corporation. In the course of the study,both the legal features of building a corporation and the practical aspects of its activities are considered.The role of this state corporation in economic processes within Russia is considered. The analysis of theregulatory framework for the functioning of the state corporation was carried out, the role of civil law inregulating processes in the corporation was noted. The study traces the role of the state corporation in theformation of new, relevant sectors of the economy, effective import substitution. The paper notes that thestate corporation is constantly improving the mechanism of corporate governance, however, problems in thisarea are also noted. Conclusions are drawn regarding the mechanism of legal interaction between industrialenterprises and the state corporation.

ABOUT NECESSITY OF DEVELOPMENT LEGAL REGELATION SOME ASPECTS OF ELECTORAL LAW

A.S. Kovalenko — Thu, 30 Mar 2023 14:43:35 +0700

The article deals with some aspects of electoral law, which were substantially changed in the 2022 year.They are: institute of member of the election commission with the right of advisory vote, the principle ofopenness and publicity, digitalization of the electoral process. The author tells us about changes in regionaland municipal law when local self-government bodies decided to change electoral system in municipalelections. In this purpose the author analyses their and federal law and make conclusions about necessityof correction some legal gap.The author concludes that these legal cases become a sphere of using legal fictions

SOME ISSUES OF THE APPLICATION OF CRIMINAL LAW FOR PERSONS INVOLVED IN THE PROTECTION OF PUBLIC ORDER AS PART OF THE PEOPLE'S SQUAD

V.V. Erakhmilevich — Wed, 29 Mar 2023 10:30:00 +0700

The article is devoted to some issues of the legal status of people's combatants. In criminal law, their roleis defined as persons performing a public duty. Some features of the criminal liability of persons who havecommitted crimes against this category and issues related to the criminal liability of people's combatantsdirectly are considered. The relevant problems in the application of criminal law are illustrated by examples.

THE IMPORTANCE OF IDEOLOGICAL DIVERSITY AND POLITICAL PLURALISM FOR THE DOMESTIC STATE: CONSTITUTIONAL–LEGAL AND THEORETICAL–LEGAL ASPECTS

A.V. Golovinov, Yu.V. Golovinov — Wed, 29 Mar 2023 10:20:07 +0700

The purpose of this article is to emphasize the role and significance of the constitutional principle ofideological diversity and political pluralism for maintaining the democratic foundations of the nationalstatehood. The authors show that the existence of this or that ideology is possible only within the frameworkof a constitutionally fixed legal ideology, the essence of which is to maintain a balance of constitutional values, the interests of society, the state and the individual. The paper establishes that the principle of ideologicaldiversity and political pluralism is of particular importance in a democratic constitutional state. Indeed, insuch a state, pluralism, formalized in the form of ideological diversity, is the basis of the constitutional order.Moreover, the priority of human rights as the most important foundation of the rule of law cannot be fullyrealized outside the above-mentioned principles of ideological diversity. The most complete realization ofthese rights and obligations is possible precisely in conditions of ideological diversity.

FEATURES AND LEGAL CONSEQUENCES OF ADOPTION OF CHILDREN OF THE REPUBLIC OF KAZAKHSTAN BY FOREIGN CITIZENS

K.T. Zhumanova — Mon, 26 Dec 2022 12:35:42 +0700

The Convention on the Protection of Children and Cooperation in the Adoption of Foreigners and thelegislation of the Republic of Kazakhstan recognize children as independent persons with certain rights frombirth. There are several traditional forms of parenting. The most important legal institute is the adoptioninstitute. Adoption is the legal acceptance of a child into a family. A child as a relative has all the rightsand obligations of both a son and a daughter, and for parents this is the highest degree of responsibility forthe fate of the child and its full development. The reason for the importance of the institution of adoptionis that in our state great attention is paid to the priority of family education, and for children in need ofguardianship, only the institution of adoption can provide such an educational form. Every child should bewarm in a friendly, prosperous family.

SOCIO-POLITICAL FORMATIONS OF THE TURKS AFTER THE COLLAPSE OF THE GOLDEN HORDE

Zh.І. Ibragimov, А.A. Vasiliev, Yu.A. Zelenin — Mon, 26 Dec 2022 12:30:41 +0700

The paper examines the peculiarities of socio-political formations of the Turks after the collapse ofthe Golden Horde. Different points of view on this problem are considered. The authors conclude that theMongolian influence in the Middle Ages on the neighboring peoples, in particular on the Turks and Slavs,was positive, rather than negative. Mongols became a factor in their ethnic, state-legal, spiritual, and culturaldevelopment. The elucidation of the specifics of the state system, politico-legal life of pre-Petrine Russiahelps to understand many of the peculiarities of the medieval Turkic-Mongolian statehood and the generaltendencies of the foreign policy of Russia in the 16th-19th centuries in relation to the Turks.

SOME ASPECTS OF THE PROTECTION OF CONSTITUTIONAL RIGHTS AND FREEDOMS OF CITIZENS OF THE REPUBLIC OF KAZAKHSTAN

G. S. Zhamankaraeva — Mon, 26 Dec 2022 12:24:00 +0700

This article examines the analysis of some aspects of the state of protection of constitutional rights andfreedoms of citizens of the Republic of Kazakhstan.

VALUES AND PRACTICES OF THE SLAVIC-TURKIC UNITY OF THE PEOPLES OF RUSSIA AND THE COUNTRIES OF CENTRAL ASIA

A.A. Vasiliev, V.V. Sorokin — Mon, 26 Dec 2022 12:12:17 +0700

Hundreds of archeological monuments are concentrated on the territory of the Great Altai, connectedwith all stages of the history of the Turkic community (the second half of the 5th — 11th centuries AD).They are represented by funerary and memorial objects, rock carvings, stone statues, objects of materialand spiritual culture, and samples of writing. The available materials testify to the significant prospects forfurther comprehensive study of the archaeological sites of the Turkic period in Altai. The implementation ofa program of interdisciplinary research, including a series of humanitarian and natural-science analyzes ofanthropological and osteological materials from archaeological complexes, seems to be relevant.

SOCIOLINGUISTIC RESEARCH IN KAZAKHSTAN THE MAIN PROBLEMS OF FINDING AND FORMING NEW OPPORTUNITIES

K.A. Ayteke — Mon, 26 Dec 2022 11:46:12 +0700

This article discusses the most pressing problems of sociolinguistics in the works of scientists —researchers of language construction and the language situation in Kazakhstan.

ВОЗНИКНОВЕНИЕ И РАЗВИТИЕ ПОНЯТИЯ «СПЕЦИАЛЬНЫЕ ЗНАНИЯ» В ДОРЕВОЛЮЦИОННЫЙ ПЕРИОД

D.V. Spirev — Mon, 26 Dec 2022 11:42:14 +0700

The article is devoted to the study of the genesis of the development of the term of special knowledge incases of insult, subjects of the use of special knowledge in the pre-revolutionary period of the Russian state.The necessity of scientific development of approaches to understanding the essence of special knowledge inrelation to the Russian legal system, including criminal, civil and a set of norms in cases of administrativeviolations, is substantiated. The importance and necessity of a competent interpretation of such a legal termis emphasized.The article analyzes the works of scientists on this topic, gives estimates and generalizations to this stageof the development of the term “special knowledge”. Thus, the articles of a number of scientists on this topicare analyzed, after reviewing and quoting scientific research on this topic, analytical conclusions are givenon the influence of such ideas on the general construction and scientific justification of theoretical views on the definition of the term “special knowledge”, subjects of the use and application of special knowledge,as well as the sectoral nature of such knowledge, that is, the use of opportunities various humanities andnatural sciences to address issues arising in the course of legal proceedings.The article provides an overview of the sources of Russian law, which contain indications of thepossibility of applying special knowledge, the subjects of their application or the nature of the applied specialknowledge. The importance of studying the history of the development of the term of special knowledge forthe formation of a holistic picture of the understanding of this multidimensional legal concept is emphasized.At the end of the study, a conclusion is made about the scientific elaboration of the genesis of specialknowledge in the pre-revolutionary period, as well as its influence on the further stages of the developmentof this scientific problem.

THE EXPERIENCE OF COUNTERING TERRORISM AND REVOLUTIONARY RADICALISM IN THE RUSSIAN EMPIRE (QUESTIONS OF THEORY)

E.A. Kulikov — Mon, 26 Dec 2022 11:36:50 +0700

The article summarizes the experience of countering organized and spontaneous manifestations ofterrorist-oriented crime and revolutionary radicalism accumulated by law enforcement agencies of theRussian Empire in the second half of the XIX — early XX century. The aim of the study is to comprehendthe counteraction to terrorism and the revolutionary movement in the Russian Empire as threats to itssustainable development. The aspects of the interaction of radicalism and terrorism with various layers ofsociety, the attitude of various social groups to the manifestations of these phenomena are analyzed. Thestudy is a retrospective analysis of the historical socio-negative phenomenon of terrorism and revolutionaryradicalism, as well as the experience of countering this phenomenon in a socio-historical and political-legalcontext.

THE SPECIFICITY OF THE POWERS OF THE EXECUTIVE AND ADMINISTRATIVE BODY OF THE MUNICIPAL FORMATION

O.L. Kazantseva — Mon, 26 Dec 2022 11:18:52 +0700

The article is devoted to the analysis of the powers of the executive and administrative body of themunicipality. The local administration is a mandatory body in the structure of local self-government bodies,is headed by the head of the local administration on the principles of unity of command and has generalcompetence. The specifics of the legal status of the local administration is expressed in the fact that itspowers, unlike other local self-government bodies, are not directly regulated by federal legislation, theyare determined by the charters of municipalities. Since there are no general requirements and criteria fordetermining the powers of local administrations, this approach causes a number of problems that arise inpractice. This article provides suggestions and recommendations for their elimination.

CONSTITUTIONAL ECONOMIC RIGHTS OF WOMEN IN MODERN RUSSIA: IMPLEMENTATION PROBLEMS

A.V. Golovinov, Yu.V. Golovinov — Mon, 26 Dec 2022 11:06:25 +0700

The purpose of this publication is to explore the mechanisms for the implementation of the constitutionaleconomic rights of women in Russia and update them. To achieve this goal, the following tasks are supposedto be solved: firstly, to determine the legal status of women in the field of labor relations; secondly, to considerthe content and guarantees for the realization of the socio-economic rights of women in the Russian Federation;thirdly, to identify the specifics of the judicial protection of women's rights in the socio-economic sphere.The study is based on the comprehensive application of the formal legal approach, which, in our opinion,allows us to clearly identify the problems of implementation and show the features of the judicial protectionof the socio-economic rights of women in our country.The authors found that the domestic state, clearly understanding the entire array of accumulatedproblems in the exercise of their constitutional economic rights by women, is trying to create additionalguarantees by adopting decrees and concepts. Today, the “Concept of the Demographic Policy of the RussianFederation” is actively operating in the legal field of the country, which was approved by the President ofthe country until 2025.

THE NATURE AND EXTENT OF THE HARM CAUSED BY THE CRIME, AS A CIRCUMSTANCE SUBJECT TO PROOF IN CRIMINAL CASES

I.O. Voskoboynik — Mon, 26 Dec 2022 10:38:43 +0700

This article examines the problems of establishing the nature and extent of the harm caused by thecrime, analyzes judicial practice, and makes a number of proposals to optimize law enforcement practice.

STRATEGIC PLANNING DOCUMENTS IN THE MIRROR OF THE CONSTITUTIONAL AND LEGAL DEVELOPMENT OF RUSSIA

A.V. Bezrukov — Mon, 26 Dec 2022 10:34:00 +0700

The legal nature, role and significance of strategic planning documents in the context of the constitutionaland legal development of modern Russia are revealed. Based on the analysis of the provisions of theConstitution of the Russian Federation and legislation, the paramount importance of such documents inthe development of constitutional doctrine and practice is shown. Attention is drawn to the role of lawenforcement agencies in the formation and implementation of strategic planning documents in the contextof improving the constitutional and legal policy of Russia.

BASES OF HISTORICAL AND CULTURAL UNITY OF THE SLAVIC AND TURKIC PEOPLES IN RUSSIA AND CENTRAL ASIA

A.A. Vasiliev, В.В. Сорокин — Mon, 26 Dec 2022 00:00:00 +0700

Modern data show that the second half of the first millennium is a period of great importance for aholistic understanding of the history of Central Asia and adjacent territories. At this time, a new communityof nomads was formed, which became the core of one of the largest empires of the early Middle Ages — theFirst Turkic Khaganate. In the subsequent time, the scale of this political formation, which went far beyondthe Central Asian region, determined the dialogue of the Turks with the Slavic peoples and their commonfate on the territory of Eurasia.

RULE OF LAW AND PARLIAMENTARISM: CORRELATION THROUGH THE PRISM OF CONSTITUTIONAL LEGAL THEORY

L.G. Konovalova — Tue, 18 Oct 2022 17:15:05 +0700

The article deals with modern problems of perception and implementation of the basic principle of therule of law through correlation with the constitutional and legal concept of parliamentarism, proposed as alever to improve the efficiency of lawmaking procedures and the formation of an internally stable and fairstate mechanism. Attention is drawn to the practical difficulties of comparing the terms under consideration,associated with different national perceptions of the concept of the rule of law; with the debatable definitionof the justice of the law; with the presence of an often subtle difference between the legal force of a law anda by-law; with the intrusion of the judiciary and executive power into the prerogatives of the legislator; withthe processes of globalization, putting supranational bodies above parliaments; with chaos, inconsistency,irrationality and a significant amount of legal norms, as well as a variety of areas of legal regulation in themodern state. At the same time, the article notes positive trends in the convergence of legal structures ofthe rule of law and parliamentarism, associated with the emergence of legal levers to ensure the reality ofthe rule of law (law), including constitutional justice, supranational bodies; awareness of the inextricablerelationship between the rule of law and the implementation of human rights, the separation of powers,the accessibility and fairness of the court, the responsibility of the authorities; posing the question of theeffectiveness of legislation.

RESPONSIBILITY FOR ILLEGAL BEHAVIOR OF SPORTS FANS: NATIONAL, FOREIGN AND INTERNATIONAL LEGAL REGULATION

E.Y. Kovalenko, I.V. Kiryushina, N.V. Tydykovа — Tue, 18 Oct 2022 17:01:14 +0700

The article analyzes the issues of responsibility of sports fans for illegal behavior during mass sportsevents. The forms of manifestation of illegal behavior of fans, the current Russian and foreign legislation in this area are investigated. The legislation of the European Union is being considered, including theEuropean Convention on the Prevention of Violence and Hooligan Behavior of Spectators during SportingEvents and, in particular, football matches, the legislation of other states establishing responsibility forthe illegal behavior of fans. The article presents an analysis of certain norms of Russian law that establishresponsibility for violating the Rules of behavior of spectators during official sports competitions, includingsuch an administrative measure as a ban on attending sports events. It is concluded that it is necessary tostrengthen responsibility for offenses committed by sports fans, the adoption in the Russian Federation ofa number of special norms establishing criminal liability for such crimes, and the adoption of a special lawregulating the sphere of professional sports

INTERNATIONAL LEGAL FRAMEWORK FOR ENSURING GENDER EQUALITY AND ANTI–DISCRIMINATION REGULATIONS: GENERAL ISSUES

A.V. Golovinov, Yu.V. Golovinova — Tue, 18 Oct 2022 16:38:49 +0700

The purpose of the article is to show and analyze the vector of the latest approach to the internationallegal regulation of the institution of women’s rights. The authors note constructive attempts to strengthenthe legal status of women in modern society at the level of UN conventions and declarations. The authors come to the conclusion that in modern international human rights law, as well as in thelaw-making and human rights activities of the UN, there is a tendency towards a more detailed regulationof certain social, economic, cultural, political and other rights of women on a democratic basis, whichcontributes to combating discrimination in regarding women.The article shows that the negative external factors caused by pandemics and cataclysms weaken thespeed of decision-making in the development of the legal policy of gender equality. Today we have to observea situation that is characterized by an abundance of international standards in the field of gender equality,but at the same time the achievement of gender equality remains a very slow process.

INSTITUTIONS OF MONGOLIAN LAW DURING THE GOLDEN HORDE

Zh.І. Ibragimov — Tue, 18 Oct 2022 16:24:52 +0700

The article deals with the peculiarities of the Mongolian law institutions of the Golden Horde period.The author considers the evolution of the above-mentioned law in a broad historical, legal and socio-politicalcontext. The author describes the system of Mongolian law of this period, its basic principles, examines theissues of legal regulation of various spheres of life of the Golden Horde society.

ON THE PROBLEM OF THE ABSENCE OF A REGULATORY AND LEGAL BASE FOR THE SYSTEM OF PREVENTION OF THE SPREAD OF TERRORISM IDEOLOGY IN EDUCATIONAL ORGANIZATIONS

M.A. Starodubtseva — Tue, 18 Oct 2022 16:18:21 +0700

The problem of organization of countering terrorist activity and other destructive phenomena ineducational institutions today seems more relevant than ever. Throughout the country, there has been anincrease in the statistics of acts of the use of firearms or cold steel in educational institutions (acts of schoolshooting), as a result of which the level of anxiety among students and teachers of educational organizationsthat do not have the opportunity or do not know the rules of conduct in such emergency situations is growing.It can be noted that in the future, such actions can lead to the undermining of the spiritual and moral bondsof society, the weakening of Russia in the domestic political and international arena. Today, within theframework of the hybrid-information war, a massive attack is being carried out on one of the most importantsocial institutions — education.It should be noted that the system for preventing the spread of the ideology of terrorism in educationalinstitutions is not enshrined at the legislative level. This situation is problematic and needs to be resolved.It is the network of universities that can become the flagship of the formation of an anti-terrorist ideologyand skills to counter terrorism and near-terrorist destructive phenomena.

ON THE QUESTION OF THE NEED TO REGULATE A SETTLEMENT AGREEMENT IN ARBITRATION AND CIVIL PROCEEDINGS

K.Yu. Sasykin — Tue, 18 Oct 2022 16:03:59 +0700

The article is devoted to controversial issues of legal regulation of the settlement agreement, incl.enforcement issues.The author raised the question of the fictitiousness of the norms existing in the APC of the RussianFederation and the Code of Civil Procedure of the Russian Federation on the approval of a settlementagreement, the need to clarify or even exclude some of their provisions.A number of issues that arise in the practice of applying the rules on the enforcement of settlementagreements are brought to attention.

PROTECTION OF THE RIGHTS AND INTERESTS OF THE PARTIES CONTRACTUAL OBLIGATION IN THE FIELD OF PHYSICAL CULTURE AND SPORTS

E.Y. Kovalenko, O.A. Shavandina, N.V. Tydykovа — Tue, 18 Oct 2022 15:47:50 +0700

The commercial nature of many areas of physical culture and sports necessitates the conclusion of civillaw contracts. In sports relations, where almost everything depends on the individual characteristics ofthe athlete, on the physiological and psychological qualities of his body, as well as on the uniqueness and specificity of a particular sport, the contract is a necessary and effective means of individual regulation,allowing to take into account the unique interests of any participant. sports relationship. As a result of theanalysis of civil legislation and theoretical aspects of the institution of protection of rights, the authorsconcluded that the protection of the rights and interests of the parties to a contractual obligation in anyarea of civil circulation, including in the field of physical culture and sports, is carried out by a wholesystem of measures aimed at ensuring the interests parties at all stages of the emergence and fulfillmentof obligations. This system is not limited only to measures of civil liability, but also consists of a set ofadditional ways to induce the debtor to properly perform duties and serve as a guarantee of ensuring theinterests of the creditor

RIGHTS OF PARENTS WHEN THE CHILD IS HOSPITALIZED

O.L. Kazantseva — Tue, 18 Oct 2022 12:02:17 +0700

The article is devoted to the analysis of the rights of parents during the hospitalization of a child, whichare often violated by medical organizations when a child enters a medical institution. As a rule, the parent'sright to be next to the child in the hospital is violated during his further hospitalization. In this regard, thisscientific study seems to be relevant and timely, since, on the basis of the current legal norms, problems thatarise in the implementation of the rights of parents are identified and suggestions and recommendationsare given for their elimination.

COMPUTER GAMES AS A SUBJECT OF INTERDISCIPLINARY RESEARCH

A.A. Vasiliev, Yu.V. Pechatnova — Tue, 18 Oct 2022 11:53:07 +0700

The article is devoted to the specifics of the study of computer games. The authors propose to analyzethe phenomenon of computer games in three dimensions: philosophical and cultural, socio-economic andpsychological and pedagogical. The research methodology consists of general scientific methods of systemanalysis and an interdisciplinary approach to the subject of study. As a result, the authors conclude that thereis a need for an integrated approach to the study of computer games and the impossibility of studying one ofthe aspects of computer games in isolation from the other. The experience of interdisciplinary research makesit possible to prevent a one-sided view of computer games and to consider the game as a key accompliceof progress that has led to the development of digital culture, new forms of cognition, means and scales ofcommunication, ways of monetization, new methods of psychological relief.

LAW OF SCIENCE

А.A. Vasiliev, Yu.A. Zelenin — Tue, 18 Oct 2022 11:09:53 +0700

The article researches the peculiarities of the methods of scientific law. Different points of view on thisproblem are considered. In accordance with the understanding of scientific law as a complex branch ofRussian law, which regulates the relations in the field of scientific, scientific-technical and related innovationactivities, the authors conclude that it is characterized by a combination of private and public aspects,dispositive and imperative methods of legal regulation based on the range of relations, which are affectedby law.

NORMATIVE-TRANSFORMING PROPERTIES OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AS A SOURCE OF LAW

E. S. Anichkin — Tue, 18 Oct 2022 11:03:54 +0700

Various doctrinal approaches to assessing the decisions of the Constitutional Court of the RussianFederation as a source of law and determining its place in the system of sources of law are considered.Particular attention is paid to identifying the properties of the decisions of the Constitutional Court of theRussian Federation as a special source of law. On the example of certain legal positions of the ConstitutionalCourt of the Russian Federation on the issues of legislative procedures and the operation of normative legalacts, its normative and transformative role in the sphere of sources of modern domestic law is shown.

GENDER EQUALITY MECHANISMS IN FINLAND AND SWEDEN

A.V. Golovinov, Yu.V. Golovinova — Thu, 30 Jun 2022 15:44:40 +0700

The publication is devoted to the analysis of the legal policy of gender equality in Finland and Sweden. Thechoice of countries is not accidental, since these states show impressive results in the effective developmentand implementation of legal policies in the field of gender equality.The authors show that in Finland the minimization and leveling of gender asymmetry is supported by thenational quota system. This approach is aimed at comprehensively ensuring a gender-neutral configurationof social practices. Such a humanistic trajectory of the policy of gender equality finds consolidation at thelevel of special legislation. It has been established that the positive experience of dealing with discriminatory factors is characteristicof modern Sweden. The very concept and term “discrimination” is clearly formulated and defined at the levelof regulatory regulation. The Swedish legislator also specifies the manifestations and forms of discriminatoryactions. The legal system of this state is replete with acts and all kinds of documents that are designed toprovide equal opportunities for representatives of each sex.

FEATURES OF THE DYNAMICS OF CYBERCRIME IN THE REPUBLIC OF KAZAKHSTAN AND ITS IMPACT ON PREVENTION ISSUES

A.D. Mukhamedzhanova — Thu, 30 Jun 2022 15:38:56 +0700

The article analyzes statistical data revealing the state of crime in the field of informatization andcommunications in the Republic of Kazakhstan in the period from 2018 to 2021. Special attention is paidto offenses related to Internet fraud. The main indicators forming an idea of the state of cybercrime in thecountry are analyzed. Along with the number of registered offenses in the field of cybercrime, an analysiswas also carried out of the number of criminal cases under investigation; the number of criminal cases sentto court; the number of discontinued pre-trial investigations. Based on the analysis of the data obtained, aconclusion was made about the effectiveness of activities for the prevention of certain types of crimes in thisarea, but a negative trend in the prevention and suppression of Internet fraud was revealed. In this regard, it is proposed to strengthen measures to improve the activities of law enforcement agencies and the judicialsystem in combating crime in the field of informatization and communications.

SOME ASPECTS OF THE FORMATION OF ANTI-TERRORIST IDEOLOGY IN THE YOUTH ENVIRONMENT

M.A. Starodubtseva — Thu, 30 Jun 2022 15:18:50 +0700

The priority task of the state and education as a social institution of directed transmission of the valuesof civil society to the youth environment is the development of each young person not only as a highlyqualified professional, but also as a citizen. The problem of organizing counteraction to terrorist activitiesand other destructive phenomena in educational institutions today seems more relevant than ever. But atthe present stage of development of the political and socio-psychological life of our society, there is actuallyno popularization of technologies that will give tools to those who are the bearers of social and state values(official representative of the authorities, journalist, teacher, lecturer), and which, in fact, will work on theformation of social attitudes cultivated by society and the state as positive. Often, those who are entrustedby the state and society with the functions of forming value orientations simply do not know how exactlythey should influence young people. In order for the state and society to be able to resist the negativeinfluences that are now more and more aggressively affecting young people, it is necessary to develop impacttechnologies focused on a persuasive effect, to understand what exactly and at what stages of personalitydevelopment can be formed and cultivated. as an integrated universal and personal value.

INFORMATION AND LEGAL WAYS OF REALIZATION OF CITIZENS' ELECTORAL RIGHTS IN THE RUSSIAN FEDERATION

A.A. Semenov, E. S. Anichkin — Thu, 30 Jun 2022 15:10:49 +0700

Currently, the Central Election Commission of the Russian Federation, together with electioncommissions of all levels, is implementing measures within the framework of the federal project “DigitalPublic Administration” of the national program “Digital Economy of the Russian Federation”, the result ofwhich is the digitalization of the electoral process, providing for the introduction of digital technologies anddigital transformation of services for all participants in the electoral process. The paper studies and analyzesthe theoretical and constitutional-legal foundations and principles of the implementation of constitutionalelectoral rights in the conditions of digitalization of the electoral process and the introduction of new digitaltechnologies in the field of public administration, develops recommendations on the introduction and useof digital services for the implementation of the participants of the electoral process of their constitutionalelectoral rights.

LEGAL PROBLEMS OF USING ANOTHER WORKS OF ART FOR REGISTRATION OF ACCOUNT IN SOCIAL NETWORKS

D.V. Pyatkov, M.D. Pyatkova, A.A. Serebryakov — Thu, 30 Jun 2022 14:20:16 +0700

The article deals with topical issues related to the use of copyright objects on the Internet. One of thewidely used ways of using works is to place a work or a fragment of it in a user’s profile, for example, a socialnetwork, as an avatar. The lack of appropriate terminology in the domestic legislation, different approaches in the scientific literature to the definition of key concepts, avaricious law enforcement practice make itdifficult to legally qualify the emerging legal relations in the area under study. The authors, as a result ofthe analysis of the normative-legal array, literature and judicial acts, propose to consider the inclusion in theavatar of someone else’s copyrighted work as one of the ways of free use of works, subject to the conditionsprovided for in Art. 1274 of the Civil Code of the Russian Federation.

THEORETICAL FOUNDATIONS FOR DETERMINING THE OBJECT OF COERCION TO COMMIT A TRANSACTION OR REFUSAL TO COMMIT IT (ARTICLE 179 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

A. A. Korennaya — Thu, 30 Jun 2022 14:09:42 +0700

The reform of Russian criminal law is an objective need due to a number of objective factors. Thisprocess is obviously extremely complex, requiring a deep analysis of the current legislation, the practice ofits application, as well as the position of the doctrine of criminal law. For a long time, Russian legislationwas largely based on constructions borrowed from foreign codes and laws. Currently, Russia has its ownsignificant experience in lawmaking and law enforcement. At the initial stage of improving the criminallaw, it is necessary to build its system, which will determine the model of criminal law protection of certainpublic relations. The structure of the new criminal law should be based on clearly formulated elements ofcrimes based on the analysis of the signs of the object of criminal encroachment. It is the object of the crimethat is the traditional basis of Russian criminal law. In this paper, the author studies the object of coercion tocommit a transaction and, based on the studied theoretical and practical material, comes to the conclusionthat public relations protected by Article 179 of the Criminal Code of the Russian Federation are not limitedexclusively to economic activity, but may arise in other areas, including personal, family relationships. Thisallows us to conclude that it is necessary to formulate responsibility for forcing a transaction in other chaptersof the criminal law.

FEATURES OF STATE REGULATION AND MANAGEMENT IN THE SPHERE OF PHYSICAL CULTURE AND SPORT

E.Y. Kovalenko, O.A. Shavandina, Н.В. Тыдыкова — Thu, 30 Jun 2022 14:04:22 +0700

The authors analyzed the main directions for improving regulation mechanisms in order to findthe optimal balance of public and private interests in the process of implementing a particular model(interventionist or liberal) of state regulation and management in the field of physical culture and sports inthe state. As a result of studying the legislative regulation of sports relations in the Russian Federation, theauthors identified a number of features that are characteristic of state regulation and management in thefield of physical culture and sports. Based on the study of domestic and foreign experience in the regulationof sports relations, it is concluded that a certain autonomy of sports is ensured in all known models of stateregulation and management in the field of sports. Despite the liberal approach of a number of countries inthe regulation of sports relations, today there is an increase in the role of state influence on these relations,which is aimed at providing conditions for the sustainable functioning of national and international systemsof sports relations, protecting the public and private legitimate interests of participants in sports relations, aswell as generally recognized moral values. The complication of the interaction between public and privatesystems of regulation of sports relations determines the need for further scientific and practical research inorder to find effective mechanisms for their interaction and criteria for their optimal combination.

CONTRACTUL REGULATION OF RELATIONS IN THE SPHERE OF PHYSICAL CULTURE AND SPORTS

E.Y. Kovalenko, N.V. Tydykovа — Wed, 29 Jun 2022 15:52:34 +0700

Contractual regulation is an important direction of non-state influence on the sphere of physical cultureand sports. The contract acts as an effective means of self-regulation and organization of professional sports activities, which provides participants in sports relations with the opportunity to freely coordinate theirinterests and goals, determine mutual rights and obligations aimed at achieving the goal, and is also able tocreate the necessary legal guarantee for the proper protection of the rights of the parties to the contractualobligation. In the article, the authors examined the theoretical positions regarding the use of the contractas a flexible tool for the individual regulation of sports relations, on the basis of which they formulated theconclusion that the civil law contract is the most popular and effective means of non-state regulation of sportsrelations, capable of adequately taking into account the private interests of the parties to the contractualobligation, without violating the requirement to comply with public order

“SMART CITIES” OF RUSSIA

O.L. Kazantseva — Wed, 29 Jun 2022 15:38:43 +0700

This article is devoted to the theoretical and legal foundations of the digitalization of local selfgovernment in the Russian Federation, the digital technologies being introduced in addressing issues of localimportance, the concept of «Smart City». Digital transformation is currently one of the priority areas for thedevelopment of the state. The task of the regulator is to respond in a timely manner to the ongoing changes,to introduce the latest technologies in all spheres of life, taking into account organizational and legal issues.In the last decade, a legal framework has been actively developed aimed at strengthening digital processesin all spheres of society. The author notes the positive aspects of the ongoing digital processes in the fieldof local self-government, the need to increase the role of the local community in the management of themunicipality and identifies the problems that arise in practice, suggesting ways to resolve them.