Gaps in Russian Legislation

Peer-review research journal issued 7 times a year.

Publisher

Editor-in-chief

  • Vladimir Vs. Chistyakov, Professor, Publishing House «Yur-VAK», Moscow, Russian Federation

About

The editorial policy of the Publishing House «Yur-VAK» is based on the principles formulated by the Committee on Publication Ethics and complies with the Code of Ethics for Scientific Publications of non-profit organization «Committee on the Ethics of Scientific Publications». All articles published in the journal undergo double peer review, and are also checked by the Anti-Plagiarism program at the RSCI and RSL bases. Detailed review rules are presented on the website of the Publishing House «Yur-VAK» www.urvak.ru.

The journal publishes peer-reviewed scientific articles on the following scientific specialty:

  • Jurisprudence

The journal is published with the participation of:

  • Lomonosov Moscow State University
  • Russian Presidential Academy of National Economy and Public Administration (RANEPA)
  • Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia
  • Financial University under the Government of the Russian Federation

Indexation

In accordance with the decision of the Presidium of the Higher Attestation Commission of the Ministry of Education and Science of Russia dated 12.28.2018, the journal «GAPS IN RUSSIAN LEGISLATION» is included in the List of leading peer-reviewed scientific journals and publications in which the main scientific results of dissertations for the degree of candidate and doctor of sciences should be published (http://vak.ed.gov.ru/).

  • Russian Science Citation Index (RSCI)
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Current Issue

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Vol 17, No 4 (2024)

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Criminal - legal, criminological, administrative and other measures for countering crime in contemporary conditions

Current Issues in the Fight With Economic Crime in the Russian Federation
Shkhagapsoev Z.L.
Abstract

The rise in illegal behavior is causing serious damage to the Russian state. In this regard, the fight against this crime is one of the priorities of law enforcement agencies. The formation and development of economic crime is influenced by a number of factors. They are formed within the framework of the domestic and foreign policies of the Russian state, and are also reflected in the state of legislation. This fact determines the relevance of the analysis of mechanisms to combat economic crimes in modern economic, political and legal realities. The purpose of the presented study is to analyze the current state of the mechanisms for combating economic crime in the Russian Federation and to determine promising directions for their development. The author comes to the conclusion that modern mechanisms for combating economic crime in the Russian Federation demonstrate very effective indicators, which is clearly reflected in the annual identification of a fairly large number of relevant acts. The prospects of targeted work with economic entities to prevent the spread of criminal ideas are noted. Attention is focused on current trends in the development of economic crime in the Russian Federation, which must be taken into account primarily when improving existing mechanisms for combating the above-mentioned illegal behavior.

Gaps in Russian Legislation. 2024;17(4):18-22
pages 18-22 views
Current Problems of Countering Administrative Offense Completed Using Information Technology
Dugenets A.S., Kanunnikova N.G.
Abstract

The processes of informatization and digitalization are intensified in many spheres of life of Russian society and the state, which, in addition to the positive impact, creates significant threats of the spread of illegal practices associated with the use of modern information and digital technologies. Despite the fact that the legal regulation of information legal relations in the Russian Federation is currently receiving close attention, the popularity of mobile communications, the Internet and other technologies for remote interaction of the population causes an expansion in the scope of illegal behavior. In this context, the study of modern mechanisms for combating administrative offenses committed using information technologies is of particular importance. The purpose of the presented study is to analyze the state of modern mechanisms for combating administrative offenses committed using information technologies, identifying existing problems and determining ways to solve them. The author comes to the conclusion that modern mechanisms for countering these acts are characterized by the presence of a number of problems that are objectively determined by the dynamics of information and digital progress, which are ahead of the legal regulation of the stated area, and therefore difficulties arise in identifying, qualifying offenses and imposing fair and proportionate punishment. The fundamental importance of preventive and preventive activities is noted in terms of increasing the level of information and digital literacy to ensure the safe use of modern technologies, which will significantly reduce the vulnerability of the Russian population to offenses of this nature.

Gaps in Russian Legislation. 2024;17(4):23-29
pages 23-29 views
On the Issue of Responsibility for the Transfer of Mobile Communications to Persons in Custody and in Places of Deprivation of Liberty
Gelyakhova L.A.
Abstract

Mobile communications are now quite often used to commit illegal acts, and therefore access to them by persons in custody and in prison allows them to continue criminal activities. Despite the ban on transferring means of communication to the above-mentioned persons, these technical devices find themselves in their access in a variety of ways, which is associated both with the imperfect functioning of the institutions of the penal system and with the dynamics of transformation of the corresponding methods of transfer. Considering the public danger of access to mobile devices for persons in prison and custody, not only the timely suppression of acts related to their transfer, but also the imposition of a fair punishment, as well as preventive and preventive action, becomes of fundamental importance. The purpose of the presented study is to analyze the legal liability provided for by Russian legislation for the transfer of mobile communications equipment to persons in custody and in prison. The author comes to the conclusion that administrative liability under Art. 19.12 of the Code of Administrative Offenses of the Russian Federation, which was applied for the above-mentioned offenses until the end of 2023, was insufficient and ineffective, as evidenced by a fairly large number of similar offenses committed in recent years. The timeliness and validity of tightening administrative liability is noted, including in terms of identifying the transfer of mobile devices and their components directly as a separate offense, as well as introducing criminal liability for the repeated commission of this act (Article 321.1 of the Criminal Code of the Russian Federation). Attention is focused on the significant preventive potential of the institution of criminal liability within the framework of the stated issues.

Gaps in Russian Legislation. 2024;17(4):30-35
pages 30-35 views
Criminal Liability for Economic Crimes: Current State and Development Prospects
Abazov A.B.
Abstract

Economic crime is characterized by qualitative and quantitative dynamics at the present time, which is clearly demonstrated in the improvement of criminal behavior, as well as the number of the above-mentioned acts committed in recent years. Considering the fact that economic crime significantly affects the stability of development of the Russian state, the fight against it is one of the priority areas for the functioning of many government bodies. In this context, in recent years many questions have arisen regarding the effectiveness of the institution of criminal liability for economic crimes. The purpose of the presented study is to analyze the current state of the institution of criminal liability for economic crimes and determine the prospects for its development. Based on the analysis, the authors identify current trends in the development of the above-mentioned institution: mitigation of liability for certain economic crimes, taking into account the current socio-economic situation in the Russian state, humanization of criminal liability for certain economic crimes; the presence of discussions about the decriminalization of the economic sphere. The paramount importance of the balance of private and public interests is noted, which must be ensured in the process of further improving criminal liability for economic crimes.

Gaps in Russian Legislation. 2024;17(4):36-40
pages 36-40 views
Problems of Protecting Public Order and Ensuring the Safety of Citizens During Public Sports Events
Manukyan A.R.
Abstract

The relevance of the topic under consideration is due to several factors, including the process of democratization in the Russian Federation, the expansion of international cooperation in various fields, and the holding of sporting events at various levels. All this makes changes to the work of internal affairs bodies, including ensuring public order during mass events. The goals and objectives of this scientific article include the study of the main directions of police activity, the identification of tasks and means of ensuring public order and security during sporting events, as well as consideration of the organization of public order protection during mass sporting events. It is known that the main areas of police work include protecting individuals, society and the state from crime, crime prevention, searching for persons, ensuring law and order and road safety, as well as forensic work. The actions of the police to prevent and suppress crimes and administrative offenses are clearly manifested in ensuring public safety and maintaining public order at various public events, including sports. Effective organization of safety and security is an important condition for the successful implementation of events, and this area occupies one of the leading places in the work of law enforcement agencies. The experience of the internal affairs bodies of the Russian Federation confirms their active role in the preparation and conduct of various events, including elections, festivals, Olympiads and other events, where they ensure the safety of both foreign citizens and Russians. Mass events are social phenomena that create specific conditions for ensuring public order and security in the territory where they are held. They usually take place in a limited area and gather a large number of people — participants, spectators, organizers and decision-makers, which creates a special environment conducive to the emergence of certain events.

Gaps in Russian Legislation. 2024;17(4):41-46
pages 41-46 views
Current Issues of Bringing Responsibility for Illegal Actions of Collectors
Kardanov R.R.
Abstract

Given the popularity of credit services among the Russian population, the activity of collecting overdue debts is becoming increasingly widespread, one of the main subjects of which are collectors. Despite the fact that the functioning of these individuals and organizations has been regulated at the legislative level since 2016, in practice, the number of violations on their part increases every year, within the framework of which significant threats are created to the life, health and property of debtors. The practice of bringing collectors to administrative responsibility is also very diverse, but its effectiveness raises questions. The purpose of the presented study is to analyze the legal liability provided for by Russian legislation for the illegal actions of debt collectors, taking into account the latest innovations. The author comes to the conclusion that it seems fair to improve the current Russian legislation not only in terms of specifying the terms of interaction between debt collectors and debtors, but also the introduction of criminal liability in 2023 for the most dangerous actions of debt collectors as part of their functioning to repay debt seems justified and timely. Attention is focused on the fact that the institution of criminal liability in this case allows not only to impose a proportionate punishment for the guilty person, but also has serious preventive potential.

Gaps in Russian Legislation. 2024;17(4):47-51
pages 47-51 views
On the Issue of Strengthening Liability for Crimes Against Public Security and State Authority
Kumysheva M.K.
Abstract

In the context of a special military operation and changes in geopolitical ties with many states, new challenges and threats to its stable functioning arise for the Russian Federation, among which we should highlight the transformation of criminal behavior directed against public security and state power. Currently, certain acts of terrorism and sabotage, as well as high treason, are becoming widespread. In this context, questions arise about the effectiveness of criminal liability, regulated by current legislation, for the above-mentioned crimes, including in terms of the potential of its preventive impact on the population. The purpose of the presented study is to analyze the current state of criminal legislation regulating liability for crimes against public danger and state power. The author comes to the conclusion that the modern process of tightening criminal liability for certain crimes of the above-mentioned nature seems justified and timely in connection with the expansion of the scale of criminal practice, as well as the need for criminal legal protection of public safety and state power, taking into account modern socio-economic, political and legal realities. Attention is focused on the prospects for further improvement of criminal legislation, in terms of lowering the age of criminal responsibility for sabotage from 16 years to 14 years, which is directly related to the increase in the number of such acts among adolescents.

Gaps in Russian Legislation. 2024;17(4):52-57
pages 52-57 views
News in the Legislation of the Russian Federation on Road Safety
Kodzokova L.A.
Abstract

Regulatory acts regulating the “life” of drivers change regularly; a large number of changes are made to them, which are sometimes impossible to keep track of, and 2024 was no exception. On April 1, 2024, some laws came into force that will affect drivers; such innovations will be discussed in our article. One of the significant changes will affect drivers driving cars on the basis of a foreign driver’s license. That is, if the driver has foreign citizenship and does not have a residence permit in the Russian Federation, then he has the right to drive cars in our country on the basis of an international foreign driver’s license, but if such a foreign citizen acquires Russian citizenship or a residence permit, then within 1 year, he is obliged to exchange his foreign driver’s license for a Russian-style driver’s license (And in some cases, a foreign driver’s license can be replaced with a Russian-style driver’s license without passing exams). If the driver does not do this, then he will not be able to drive a car on the basis of a foreign driver’s license in our country. At the same time, these changes assume that drivers who are citizens of Belarus can obtain a Russian driver’s license without training in our country; to do this, they need to come to the MREO of the State Traffic Safety Inspectorate and simply change their driving license to a Russian-style driving license. Until April 1, 2024, if a driver did not have the right to drive while intoxicated, was caught in a state of intoxication, or refused to undergo a medical examination, then such a driver was threatened with administrative arrest for up to 15 days and after that he calmly had the right to go and get a driver’s license (if Of course, he studied at a driving school and successfully passed the exams), but now such drivers will be able to obtain a driver’s license only after 1 year after the resolution comes into force. But this rule does not apply to drivers who have a driver’s license; they can obtain a driver’s license after the expiration of the period of deprivation, of course, if they successfully retake the theoretical traffic rules exam. From April 1, 2024, it will be possible to study for the right to drive cars of category “C” and subcategory “C1” “CE” and subcategory “C1E” at the age of 17 years, and a 17-year-old citizen will also be allowed to take exams and in case of After successfully passing the test, a driver will be able to obtain a driver’s license only after 18 years of age.[1]

Gaps in Russian Legislation. 2024;17(4):58-64
pages 58-64 views
Improving the Activities of Law Enforcement Agencies in Countering Illicit Drug Trafficking
Shigalugova M.K.
Abstract

Illicit drug trafficking poses a serious threat to national security, has a negative impact on society, the economy and the health of citizens, which requires urgent and adequate measures to counter this phenomenon.

The article examines the main problems faced by law enforcement agencies in the implementation of activities to combat illicit drug trafficking and suggests possible ways to solve them. It is concluded that in order to increase the effectiveness of combating this problem, an integrated approach is needed, including various aspects such as prevention, investigation, suppression and rehabilitation.

Gaps in Russian Legislation. 2024;17(4):65-68
pages 65-68 views
The Use of Information and Communication Tools in the Prevention of Group Violations of Public Order and Mass Riots
Abazov I.S.
Abstract

The purpose of this study is to identify trends and problems in the use of modern communication technologies in the field of public safety and to offer practical recommendations for their optimal use for the prevention of riots and improvement of public order.

The objectives of the study include analyzing information and communication tools in the field of public safety, identifying problems and assessing the impact of digital technologies on public opinion.

The purpose of the work is to develop recommendations for the effective use of these tools in the prevention of riots and group violations of public order.

The study highlights problematic aspects of using these tools. The authors draw attention to the possible negative consequences that may arise from the incorrect or insufficiently competent use of modern communication technologies in the field of public safety. The principles of effective interaction between citizens and government structures are outlined, and the results of such events are assessed.

Gaps in Russian Legislation. 2024;17(4):69-73
pages 69-73 views
Problems of Prevention of Domestic Crime
Korkmazov A.V.
Abstract

The article analyzes the causes of domestic crimes and their harmful effects on society and the state. The author emphasizes the danger of committing domestic crimes as crimes that undermine family foundations, destroy the family as the main unit of society. The main attention is paid to the problems that prevent the timely identification of conflict situations in the family, as the reasons for the effective prevention of domestic crimes.

Describing the causes and conditions of domestic crimes, the author emphasizes the need for effective work of social services and law enforcement agencies in checking families who are afraid of committing violent crimes. In the article, the author consistently deduces the forms of domestic violence and their causes. Statistics of the main victims of crimes are provided. The author calls on the authorized bodies to pay special attention to the situation of children in the family, in order to prevent child homelessness and acts of violence against them. The ways of effective prevention of domestic crimes are given.

Gaps in Russian Legislation. 2024;17(4):74-77
pages 74-77 views
Actual Problems of Prevention of Violent Crime in Modern Russia
Kuchmezov R.A.
Abstract

The author analyzes the main criminological indicators of modern violent crime in Russia. Quantitative and qualitative changes in violent crimes are characterized. The main attention is paid to the transformation of the characteristics of these crimes. As negative factors in the spread of violent crimes, the author calls the gradual decriminalization of domestic and family violence, which causes criminals to feel impunity for harming their own family members.

Investigating the main causes of violent crimes in modern Russia, the author pays special attention to strengthening measures to prevent these crimes using effective criminological methods. The article substantiates the need for compulsory treatment of addictions (alcoholism, drug addiction, gambling addiction, etc.) in order to reduce the number of violent crimes in society. The author provides his own measures to prevent the commission of violent crimes and ways to improve the effectiveness of the prevention of these crimes.

Gaps in Russian Legislation. 2024;17(4):78-81
pages 78-81 views
Individual Preventive Work as One of the Forms of Service by District Police Officer
Tlupova A.V.
Abstract

Public Prosecutor’s Officers (hereinafter referred to as the PPO) are precisely that link in the system of protecting public order and internal affairs bodies that closely interacts with the population in the course of carrying out their official activities in the administrative areas they serve.

PPOs ensure the safety of the territory of the serviced area, carry out preventive work, take measures to prevent, identify and suppress offenses and crimes.

PPOs act as a kind of bridge between the population and law enforcement agencies, helping the police to identify offenses and crimes at an early stage, which makes it possible to quickly respond to them and prevent their further spread. PPOs signal the state of the operational situation in the areas they serve, which allows ATS to plan their work effectively and perform the functions and responsibilities assigned to them.

The features of the service of the PPO, as well as its form, are considered by a number of authors [4,5,6,8,9,12].

The purpose of the research work is to consider the activities of the PPOs, the forms in which it is carried out, in accordance with the Federal Law of February 7, 2011 No. 3-FZ “On Police”, Order of the Ministry of Internal Affairs of Russia of March 29, 2019 No. 205 “On the service by the public prosecutor’s Officer in the administrative area served and the organization of this activity”, considering of individual preventive work (hereinafter referred to as IPR).

The author concluded about the importance of the role of the activities of the PPOs in the prevention and suppression of offenses, crimes, as well as the importance of implementing official activities in all five forms of service, and in particular the importance of IPR.

As a result of the study, the effectiveness of the activities of public prosecutor’s officers, the combination of various areas of service in five forms, and the positive and important role of the IPR carried out by them are noted.

Gaps in Russian Legislation. 2024;17(4):82-86
pages 82-86 views
Current Issues of Assignment of Punishment in the View of Forced Work
Karchaeva K.A.
Abstract

Forced labor as a type of criminal punishment has been used in practice since 2017, however, given the dual legal nature and the close connection of this punishment with imprisonment, new questions arise regarding the purpose of forced labor. The Russian legislator quite rightly focuses the essence of forced labor on the possibility of ensuring the correction of a convicted person by involving him in relevant work activities. However, for the application of this punishment, the capabilities of the convicted person to carry it out become of fundamental importance. The purpose of the presented study is to analyze the current state of the current criminal legislation in the context of current issues regarding the imposition of punishment in the form of forced labor. The author comes to the conclusion that there are a number of positive aspects associated with the expansion of the practice of using forced labor (reducing the harmful restrictive impact on the personality of the convicted person, economic benefits for the state, as well as the significant educational and preventive impact of the possibility of replacing the unserved part of the sentence with forced work on penitentiary crime). The relevance of using the potential of this punishment in the context of humanization of criminal legislation is noted. Attention is focused on the fact that the latest changes made to Art. 53.1 of the Criminal Code of the Russian Federation regarding the inadmissibility of assigning forced labor to persons of retirement age only if there is a medical certificate about their complete inability to carry out labor activities, seem logical and timely, which will further expand the scope of application of the above-mentioned criminal punishment.

Gaps in Russian Legislation. 2024;17(4):87-91
pages 87-91 views

Current problems of training and development of internal affairs staff in modern conditions

On Some Teaching Aspects of the Academic Discipline “Fundamentals of Criminology” During the Implementation of Basic Vocational Training (Occupational Development) Programs for the Employees of Internal Affairs Agencies Newly Employed to the Internal Affairs Agencies of the Russian Federation as the Policemen in the Educational Organizations of the Ministry of Internal Affairs of Russia
Berova J.M.
Abstract

The article analyzes the features of teaching the academic discipline “Fundamentals of Criminology” during the implementation of basic vocational training (occupational development) programs for the employees newly employed to the internal affairs agencies of the Russian Federation as the policemen in the educational organizations of the Ministry of Internal Affairs of Russia. The author comes to the conclusion that with due regard to the limited period of time allocated by the relevant programs for this academic discipline, the lecturers and teachers face the specific tasks in adapting tutorial materials to the student population, isolating critically important data from the academic course of forensic science that can become the basis for the students to obtain basic forensic knowledge, techniques and relevant practical skills. In the author’s opinion, this problem can be solved by the specific approaches to arranging the lecture- and seminar-type sessions and students’ independent work. It is concluded that the increasingly stringent requirements for employees of the internal affairs agencies force to use the balance training technologies in the educational process when implementing the vocational training (occupational development) programs for the specialists who have (among other things) the necessary forensic skills and abilities, competently integrated into their daily work activities. A special role in solving this problem belongs to the practice-oriented forms of training sessions, application of active and interactive academic methods. The article summarizes the educational experience in relation to the academic discipline “Fundamentals of Criminology” at the Department for Special Technical Training of the North Caucasus Institute for Advanced Training (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia.

Gaps in Russian Legislation. 2024;17(4):92-98
pages 92-98 views
Theoretical Foundations of Crime Prevention for Persons Studying in Educational Institutions
Yarychev N.U., Nagoeva M.A.
Abstract

The article analyzes the basics of security in the field of education, its characteristics and aspects of crime among people studying in institutions and organizations of basic and additional education. In part, the subject of the research work is represented by the basics and tools for preventing socially dangerous acts committed by adolescents and young people.

The authors elaborate in detail proposals and recommendations developed on the basis of new ideas and systematization of knowledge related to the criminological security of the education system, to neutralize crime in this area by influencing persons studying in educational institutions and organizations.

Gaps in Russian Legislation. 2024;17(4):99-103
pages 99-103 views
Topical Issues of the Implementation of Vocational Training Programs for Employees who Were First Recruited to the Internal Affairs Bodies of the Russian Federation by the Position of an Employee of the «Policeman»
Urumov A.V., Gauzhaevab V.A.
Abstract

The article reveals the key aspects of the implementation of exemplary professional training programs for employees who were first recruited to the internal affairs bodies, as a «Policeman» employee. The authors reasonably point out the relevance of new exemplary educational training programs in the current operational situation in connection with the conduct of a special military operation and the state of affairs in the field of personnel support of the Ministry of Internal Affairs of Russia. The conducted retrospective review of the training of employees of the internal affairs bodies allows us to note that the modern model of employee training is based on the idea of a «single-profile» vector of training. According to the authors, it is precisely this paradigm that is embedded in the new programs, which is confirmed by their architectonics (in particular, the presence of variable disciplines, i.e. disciplines of the «professionally specialized cycle») and content. As for the experimental standard programs of «multidisciplinary» training of employees, they turned out to be costly and not in demand at the current stage of personnel training for the Ministry of Internal Affairs of Russia. Taking into account the reduction in the amount of study time allocated to the development of these programs, the authors propose to pay special attention to the organizational and methodological features of their implementation in order to achieve the learning goal. The cornerstone, according to the authors, should be the methodology of teaching each individual academic discipline - private teaching methods (private didactics), as well as the creation of a unified register of educational materials on the disciplines of programs developed by educational organizations of the Ministry of Internal Affairs of Russia within the framework of a single departmental digital portal. Such transparency of electronic resources will ensure an improvement in the quality of implementation of basic educational programs and, accordingly, a high level of training. The main efforts of the teaching staff in the implementation of the discussed programs should be focused on the content side of classes, ensuring high-quality lecture-type classes, the creative nature of seminar-type classes, the development of the digital culture of teachers, staff and students, the desire to ensure that studies form the basis of motivation for further improvement of the professional activities of each employee. The organic unity of knowledge, beliefs and practical experience is the main goal of training the personnel of the Ministry of Internal Affairs of Russia.

The purpose of the study is to identify the cornerstone aspects of the implementation of vocational training programs for employees who were first recruited to the internal affairs bodies, as a «Policeman» employee. To do this, the following tasks were solved in the course of the study: 1) the sample vocational training programs are analyzed and the features of their implementation are identified; 2) the model (main vector) of the training of personnel of the Ministry of Internal Affairs of Russia according to vocational training programs is established; 3) key aspects in the training of employees of internal affairs bodies according to these educational programs are identified. Within the framework of the research, such general and private scientific methods as analysis and synthesis, the method of comparison and expert assessment, the method of systematic review, etc. were used. As a result of the conducted research, the following conclusions were formulated: 1) for the effective implementation of exemplary professional training programs, it is proposed to create a single departmental digital portal of educational organizations of the Ministry of Internal Affairs of Russia to place conceptually and meaningfully verified educational and methodological materials on the disciplines of the programs in the general departmental electronic access; 2) the developers of the sample programs provided an opportunity for training centers and educational organizations of the Ministry of Internal Affairs of Russia, in coordination with the component bodies of the Ministry of Internal Affairs of Russia, to independently determine the content of a professionally specialized cycle and introduce optional disciplines to take into account the interests of territorial (component) bodies of the Ministry of Internal Affairs of Russia in training, taking into account regional peculiarities and the evolving operational situation; 3) the implementation of new sample programs is conditioned not only by the requirements of a set of measures to improve the personnel training system for the internal affairs bodies of the Russian Federation (for 2022-2023), but also by a significant shortage of the Ministry. In conclusion, the authors note that the professional training of employees of the internal affairs bodies should be based on regional and territorial characteristics and adequately meet the tasks assigned to the Ministry of Internal Affairs of Russia.

Gaps in Russian Legislation. 2024;17(4):104-112
pages 104-112 views

General theoretical, criminal-legal and other problems of Countering extremism and terrorism. Problems of preventing extremism and terrorism

On the Issue of Theoretical and Legal Characteristics of the Types and Forms of Modern Extremism
Tarchokov B.A.
Abstract

The purpose of this study is an attempt to carry out a theoretical and legal analysis of the types and forms of modern extremism, as well as to study a general understanding of the concept, ways of occurrence and some measures to counter modern extremism developing in the Russian Federation.

The existing problems of countering extremist manifestations, among other things, arise and are related to the complexity of this phenomenon itself. In order to effectively counter the diverse manifestations of extremism, it must be appropriately recognized and identified, as well as dissociated from other essentially similar phenomena of social and public life. In this regard, experts in the field of combating extremism need to have broad knowledge not only in the field of jurisprudence, but also in such fields as political science, religious studies, cultural studies, and sociology.

Gaps in Russian Legislation. 2024;17(4):113-116
pages 113-116 views
On the Issue of Criminal Liability for Violation of Requirements for Anti-Terrorist Security of Facilities (Territories)
Akkaeva H.A.
Abstract

The active transformation of terrorist-related criminal activities necessitates a timely and prompt response to the emergence of new challenges and threats, including in terms of improving the anti-terrorism protection of various objects and territories. Despite the fact that at present the stated problems are receiving close attention from government authorities, in practice many situations arise when the legislative requirements for anti-terrorism protection are ignored. In this context, it seems relevant to assess the effectiveness of existing measures of responsibility for such illegal behavior. The purpose of the presented study is the novelties of Russian legislation regulating criminal liability for violation of the requirements for anti-terrorist protection of objects (territories). The author comes to the conclusion that the analysis of the practical aspects of ensuring anti-terrorist protection clearly demonstrates a number of trends that negatively affect the effectiveness of the analyzed activities (ignoring on the part of the owners and owners of objects (territories) of certain legislative requirements; fragmented control activities carried out by competent departments, which aimed primarily at the planned format of implementation; weak effectiveness of preventive activities). The ineffectiveness of administrative responsibility provided for in Art. 20.35 of the Code of Administrative Offenses of the Russian Federation, due to minor legal consequences in the form of a fine for offenders, which contributes to the persistence of their illegal behavior. Attention is focused on the timeliness and validity of introducing criminal liability in this area, which will make it possible to attract the perpetrators in the event of repeated violations of legal requirements, as well as the occurrence of serious negative consequences.

Gaps in Russian Legislation. 2024;17(4):118-123
pages 118-123 views
Topical Issues of the Spread of Extremism Among Young People
Shogenov T.M., Kuchmezov A.N.
Abstract

The article examines the problems of the spread of youth extremism in conditions of foreign policy instability, which can provoke the spread of illegal acts and extremist ideology in the minds of young people. In recent years, informal right- and left-wing radical youth groups have become more active in a number of regions of Russia. Representatives of various movements, which are supported by the curators of Western special services, seek to take advantage of these trends. They exert a destructive influence on young people, try to draw them into their ranks, use them, including for extremist purposes - the transition from hooligan actions to the implementation of terrorist acts.

The reason for youth extremism, according to many authors, should be sought in the conscious and unconscious feeling of social exclusion by young people. At the same time, the reasons for feeling deprived in young people may be different. They may have a purely economic nature - a sharp stratification of society into poor and rich. They may arise from the ideological features of a particular situation in society, when devaluation or destruction of the idea of patriotism occurs intentionally or due to underestimation of importance.

In the context of the developing anti-Russian propaganda, youth representatives actively express their commitment to illegal ideas expressed on the global network, which is especially common on social networks and messengers.

Many scientists in their works, investigating the causes and factors of extremism among young people, note that in modern conditions of global exacerbation of extremist activity, countering youth extremism is the most important state task.

Gaps in Russian Legislation. 2024;17(4):124-129
pages 124-129 views
Some Issues of Accountability for Extremist Crimes: Theory and Practice
Taova L.Y., Ardavov M.M., Tokhova D.A.
Abstract

The purpose of this article is to consider some aspects of bringing to justice for extremist crimes.

The problem of extremism and its manifestations in modern society is relevant and quite important. Extremist crimes can have serious consequences for public safety and the stability of the entire society. Therefore, the issue of bringing to justice those who have committed extremist crimes is one of the key issues in the fight against this phenomenon.

Extremist crimes are crimes committed with the aim of destabilizing the social situation, provoking social conflicts and violence. The main signs of extremist crimes are ideological motivation, the presence of extremist beliefs and actions aimed at achieving political goals.

The author provides an analysis of the current legislation for crimes of extremist and terrorist orientation and judicial practice on these types of crimes.

Conclusions: Russian legislation on terrorist crimes has been developing for quite a long time, but for the first time responsibility was introduced only in 1994. Prior to that, criminal liability was provided only for the murder or infliction of serious harm to the health of a state or public figure, or an official in the line of duty, in order to undermine the authority of the Soviets. A criminal who committed similar acts against representatives of foreign States was subjected to a similar punishment in order to complicate international relations.

According to the lists of crimes of extremist and terrorist orientation, except for those that belong to this category without additional conditions, this includes acts that are not directly related to them, however, if there is evidence of the presence of appropriate motives or involvement in this activity, they are classified as extremist or terrorist.

Bringing to justice for extremist crimes is an important element in the fight against this phenomenon. The development of legislation, the application of effective preventive measures and criminal penalties, as well as the assessment and analysis of the results of prosecution – all this is necessary to ensure public safety and stability.

Gaps in Russian Legislation. 2024;17(4):130-135
pages 130-135 views
Preventive Measures to Counter the Financing of Terrorist Activities
Fakov A.M.
Abstract

Financing of terrorist activities is a systemic criminal activity that forms an independent criminal practice, which determines the need to implement a set of diverse preventive measures aimed at both eliminating, weakening and minimizing the impact of the factors determining this type of criminal activity and on the persons carrying it out. The goal of crime prevention activities is to influence through implementation of a set of general and special measures, the factors determining crime and the personality of the criminal in the early stages of the formation and implementation of criminal behaviour. Prevention of the financing of terrorist activities involves the implementation of a set of financial measures implemented by specialized authorized entities. First of all, among this group of measures, it is necessary to note financial monitoring. At the same time the information component of financial monitoring is of particular importance, since it is the possession by law enforcement agencies of relevant information about dubious or clearly criminal financial transactions and operations and the persons carrying out them that allows them to quickly identify, prevent, suppress and investigate the financing of terrorist activities. In modern conditions the effective implementation of measures to prevent the financing of terrorist activities is impossible without the use of financial technologies (fintech). Prevention of the financing of terrorist activities should include measures aimed at identifying the determinant factors of various types of terrorist activities and the persons carrying them out, and preventive impact on them. Directly identifying and suppressing the financing of extremist activities is a predicate measure to counter the financing of terrorist activities. It is necessary to identify and destroy the links between the financing of terrorist activities and organized, economic crime and corruption The object of preventive influence should also be persons involved in the financing of terrorist activities (carrying them out), and persons involved in these activities. Preventive influence on real and potential criminals should be carried out based on the person’s belonging to a specific type, determined by the specific motivation of the criminal act, as well as his role in the mechanism of financing terrorist activities.

Gaps in Russian Legislation. 2024;17(4):136-140
pages 136-140 views
Modern Terrorism as a Real Threat to Society and the State
Tokbaev A.A.
Abstract

The author analyze modern interpretations of the concept of terrorism and derive its classification. The concept of “terrorism” is studied from the point of view of Russian legislation. The reasons for the widespread spread of terrorism in the world are explored. The author provide ways to counter the spread of international terrorism and offer their own ways to eradicate it. The author pay special attention to the historical stages of the development of terrorism in the Russian Federation, which makes it possible to determine the characteristic features of modern terrorism. Various concepts of terrorism are presented from the perspective of legal, hysterical and philosophical approaches. Terrorism remains a pressing problem in the world community, and forms of terrorism are also changing. This is confirmed by the terrorist attack on the Crocus City Hall concert hall on March 22, 2024 in Krasnogorsk. Terrorism is an extremely destructive phenomenon in modern society; it requires increased attention from the state, law enforcement agencies and public associations. One of the features of modern terrorism is a clear organizational structure in terrorist organizations, which significantly complicates counteraction by law enforcement agencies. If earlier terrorism was individual in nature, now it is well-organized associations that function according to a clear algorithm. The goals of terrorists have also changed; their actions are increasingly aimed at destabilizing state power in specific countries and establishing their own order. Terrorism in modern society simultaneously pursues several goals: psychological impact on the population: impact on government agencies; destruction of socio-economic stability. The goals of terrorist associations are becoming more and more ambitious; terrorist acts are mainly aimed at destroying the state system, i.e. pose a direct threat to national security. Accordingly, the functioning of terrorist organizations is impossible without funding; the authors also discuss this problem in the article. The identified features of terrorism currently make it possible to determine measures to prevent and counter terrorism, which include a whole range of measures, the implementation of which is the task of government and law enforcement agencies, public institutions and educational institutions.

Gaps in Russian Legislation. 2024;17(4):141-145
pages 141-145 views
Main Areas of Activity of the Internal Affairs Bodies of the Russian Federation to Counter the Spread of Extremist Ideology at the Present Stage and Ways to Improve Them
Misrokov T.Z.
Abstract

The article examines current problems of the struggle of the internal affairs bodies of the Russian Federation against illegal activities aimed at spreading the ideology of extremism in Russia. The author analyzes the main areas of activity of the internal affairs bodies of the Russian Federation to counter extremism and formulates modern ways to improve approaches to combating this threat.

The purpose of the study is to analyze and comprehend the problems facing the internal affairs bodies of the Russian Federation in matters of countering extremism at the present stage, as well as to develop ways to overcome them and formulate recommendations for increasing the effectiveness of activities to prevent and prevent the spread of extremist ideologies on the territory of the Russian Federation.

Conclusions. Firstly, the activities of the internal affairs bodies of the Russian Federation to counter extremism are significantly complicated by the variety of forms of extremism, various types of this destructive phenomenon, and the constant change in the challenges and threats of an extremist nature that have to be countered. Adherents of radical ideologies are becoming more and more inventive in methods and technologies of involving citizens in the sphere of influence of extremist organizations, ways of implementing propaganda of extremist ideology among the population, ways of protecting themselves from law enforcement measures taken by government agencies involved in ensuring security and law and order.

Secondly, a priority and highly effective approach to countering the spread of extremist ideology is a comprehensive combination of general and targeted prevention and the preventive nature of actions taken to combat extremist organizations. The activities of the internal affairs bodies of the Russian Federation must be coordinated both within the domestic law enforcement system and at the international level, where it is necessary to constantly establish and improve the system of interaction, exchange of experience and information.

Thirdly, an important condition for effectively countering the spread of extremist ideology is the use of modern technologies, as well as the potential provided by Internet resources and advanced software.

Gaps in Russian Legislation. 2024;17(4):146-154
pages 146-154 views
Countering Terrorism and Extremism as One of the Priority Tasks in the Activities of Law Enforcement Agencies
Osmanov M.M.
Abstract

Russia is part of the world community. All significant and large-scale events at the international level have one impact or another on the interests of our state. From this it is concluded that most criminal acts of a global nature can negatively affect the crime level in Russia. One of the main tasks of the state is considered to be the protection of law and order, as this makes it possible to build a normal system of social relations in the country. Public authorities are called upon to implement the fundamental principles of building civil society. When there are individuals who seek to disrupt the established order of society, the state must respond to the extent necessary to ensure the safety of citizens.

Gaps in Russian Legislation. 2024;17(4):155-159
pages 155-159 views
Some Problems of Countering Manifestations of Extremist Sentiments Among Young People
Bitov A.A.
Abstract

The purpose of this study is to study methods and mechanisms for countering manifestations of extremist sentiments among young people. Since 1991, modern Russia, under the influence of social, political, economic and other circumstances, has faced such a problem as “extremism”. In a few years, this problem has become a real threat to the national security of the country. Extremist sentiments are particularly acute among young people. The objectives of the study are to analyze extremist manifestations among young people, to identify the causes and sources of the emergence and spread of extremist ideas, including on the Internet, as well as to organize the development and implementation of a set of measures to prevent the spread of extremist sentiments among young people. Like all crimes committed in the modern world, extremism is also subject to change. Thus, the development of information technologies and the widespread use of the Internet have contributed to the development of information extremism. The target audience becomes the most vulnerable psychologically. It is important to note that it is young people who are the main users of Internet resources. In general, these factors contributed to the formation of a favorable environment for the spread of radical ideologies, extremism and terrorism. The use of Internet resources has no spatial restrictions, which creates a number of difficulties in the fight against extremism on the global network. The article considers the problems of countering extremism among young people, modern features of the spread of information extremism in the global information space, the increase in the influence of youth extremism, which is actively used by extremist organizations, in particular to have a negative impact on young people. The main ways of spreading extremist ideology among young people, including through a virtual social environment, as well as information and technical methods used by extremists to have a devastating impact on the younger generation are analyzed.

Gaps in Russian Legislation. 2024;17(4):160-165
pages 160-165 views
Improving the Information Fight Against Terrorism in the North Caucasus
Kanokova L.U., Fedulov B.A.
Abstract

The purpose of the study. The relevance of the topic is dictated by the fact that in recent decades the threat to international security posed by terrorism has increased many times. Terrorist organizations have become full-fledged subjects of politics on a par with political parties. In addition, huge power and resources are concentrated in the hands of terrorist groups. Terrorist activity has become a common way of conducting political struggle and expressing social protest. In addition, terrorism has become an instrument of economic competition. Conclusions. Each terrorist action entails more and more human casualties. This creates instability, fear, hatred and distrust in society. The authors pay special attention to anti-terrorist activities in the North Caucasus region.

Gaps in Russian Legislation. 2024;17(4):166-174
pages 166-174 views

Criminalistic, procedural and operative-search measures to counter crime in the globalization conditions

Significant Elements of the Criminalistic Characteristics of Fraud on the Internet
Koliev V.V.
Abstract

This article examines such significant elements of the criminalistic characteristics of fraud on the Internet as traces; the place of fraud; the persons who committed the crime; individual technical characteristics of the crime instrument; the focus of the actions performed; difficulties in identifying the location of the completion of the crime; lack of direct contact between the victim and the perpetrator; features of the transfer of the stolen.

The author notes computer and traditional traces as typical traces of modern Internet fraud, defines the place (location) of fraudulent actions on the Internet, provides possible locations, characterizes the personality of the criminal, including, based on the analysis of criminal case materials, typical characteristics of the attacker’s personality when he implements fraudulent actions are noted.

The author touches upon the issues of increasing the effectiveness of the investigation of the investigated category of criminal acts, and gives recommendations on the rational organization of the investigator’s actions.

Gaps in Russian Legislation. 2024;17(4):175-179
pages 175-179 views
Issues of Improving the Institution of Judicial Fine
Sheriev A.M., Golyandin N.P., Zhukova A.V.
Abstract

The purpose of this article is to consider issues of improving the institution of a judicial fine in the Russian criminal law. The authors consider the similarity in name with other institutions and the direct connection with the provisions of Article 46 of the Criminal Code of the Russian Federation. The authors present different views on the conceptual apparatus of the problem under consideration and its limitation from similar definitions in the field of civil procedure, and also make proposals to change the name for a clearer differentiation. The prospects for reforming the judicial fine in the context of improving criminal legal mechanisms are discussed.

Conclusions: It is proposed to establish restrictions on exemption from criminal liability in connection with the imposition of a court fine and the termination of criminal prosecution. These restrictions are proposed to be extended not only by category of crime, but also by the object of the crime, as well as by the nature and degree of public danger. That is, it is proposed to exclude the possibility of applying a judicial fine for certain crimes provided for by individual articles of the special part of the Criminal Code of the Russian Federation.

Gaps in Russian Legislation. 2024;17(4):180-185
pages 180-185 views
Criminal Legal and Criminal Procedural Aspects of the Fight Against Terrorism in Russia in the Context of Everyday Activities and in Special Conditions
Gauzhaeva V.A., Safronov D.M.
Abstract

The purpose of writing a scientific article is the need to establish similarities and differences in the investigation of crimes of a terrorist nature in the context of everyday activities and in special conditions.

The article examines the concept of everyday activities and special conditions, a terrorist act, provides fresh statistical data and data on the jurisdiction of criminal cases initiated under various articles of terrorist crimes, reveals the essence of the fight against terrorism by criminal legal and criminal procedural means, and draws conclusions about the shortcomings legislation and directions for its further adjustment.

The results of such a generalization can be used in the practical activities of preliminary investigation bodies, for further theoretical research, preparation of scientific works and for solving practical problems in the field of criminal proceedings in everyday activities and special conditions.

Gaps in Russian Legislation. 2024;17(4):186-192
pages 186-192 views
Psychological Impact of the Investigator on Participants in Criminal Proceedings
Kochesokova Z.K.
Abstract

This article is dedicated to analyzing the psychological impact of investigators on participants in criminal proceedings, highlighting key aspects and determinants that influence the interrogation process and outcome. It particularly addresses the issue of assessing the reliability of testimonies, taking into account the individual psychological characteristics of the interviewees and the effect of external circumstances. The moral and ethical foundations and principles upon which the investigator’s activities should be based are discussed, as well as the specifics of reflexive interaction and its impact on interrogation strategy. Special attention is given to defining the boundaries of permissible psychological influence in accordance with legislation and ethical norms, and issues of unacceptable methods of influence, including coercion and deception, are discussed. The article emphasizes the importance of scientifically grounded approaches and theoretical knowledge for the effective and lawful conduct of investigative actions.

Gaps in Russian Legislation. 2024;17(4):193-198
pages 193-198 views

Theoretical and Historical Legal Sciences

From the Concept of the Draft Police Charter of the Russian Empire to Its Structure and Content: Views of Members of the Commission of Senator A.A. Makarov (1906-1917) Part 7. Prevention and Suppression by the Police of the Russian Empire of Fights, Violence, Accidents, Fires. Measures to Assist Victims, Registration of the Population for the Purpose of Timely Detection of Offenses
Shurukhnov N.G.
Abstract

The responsibilities of the police to suppress fights between civilians are briefly outlined, the specifics of fights among officers and the peculiarities of the implementation of police measures are noted, and means of preventing accidents in public places and on communications routes are provided. It is noted that the activities of the general police on the tracks belonging to the Ministry of Railways were carried out in the absence of supervisory authorities of the said department or when railway police officials were replaced. Measures are revealed to provide police assistance to victims of criminal acts, accidents, people who become ill in public places, and to transport them to medical institutions. When forming a position in the draft charter, the organizers hoped that city public administrations would create special ambulance crews, which already existed in some medical institutions in large urban settlements. It is indicated that the adoption by police officials of various efforts to resolve situations related to accidents was combined with conducting an inquiry and issuing a copy of the report to the victims, at their request. The article shows the struggle of the police against neglect: the transfer of abandoned babies, orphans, lost children to trustworthy citizens, to educational homes, charitable institutions of city and zemstvo institutions; transport to public hospitals. As an area of police activity, measures to prevent fires are shown, the role of the police in managing their extinguishing, ensuring the protection of personal property, and the work of the police during floods, shipwrecks, and railway accidents. Monitoring the registration of residents in residential premises, daily control over sanitary order in houses, entrances, streets, and squares are independently presented.

Gaps in Russian Legislation. 2024;17(4):199-206
pages 199-206 views

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