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Vol 12, No 2 (2019)

Articles

SOME ISSUES OF IMPROVING THE SYSTEM OF LEGAL EDUCATION IN THE RUSSIAN FEDERATION

Lauta O.N., Popova L.A., Cherniyenko N.R.

Abstract

Objectives: the need to create a Russian concept of legal education of young people has determined the relevance of the article. The involvement of students in the discussion of the professional model of behavior will create the basis of a legal education system and minimize the risks of illegal behavior among young people. The research of scientists of legal education is also analyzed in the article. Model: the system analysis, formal-legal and logical methods were applied. Conclusions: legal education is a long process in which law, education, and society interact closely. Proposal: It is substantiated that there is a need to improve the Russian legislation aimed at the formation of moral and legal education of youth. Scope of results (value): the subjects of legal education implement the results of the research in their practice.
Gaps in Russian Legislation. 2019;12(2):13-15
pages 13-15 views

To a question of the mechanism of procedural and legal regulation

Agadzhanyan A.V.

Abstract

In the submitted article the main approaches to definition of the concepts of the mechanism of legal regulation and the mechanism of procedural and legal regulation taking place in the theory of law and the state are stated. Their analysis allows the author to formulate own point of view on definition of a concept of the mechanism of procedural and legal regulation and its nature.
Gaps in Russian Legislation. 2019;12(2):16-20
pages 16-20 views

PROBLEMS OF SECULAR NATURE OF THE STATE PRINCIPLE IN THE RUSSIAN FEDERATION

Gatsolaeva A.H., Gabaraev A.S., Khugaev K.R.

Abstract

The article reveals the most actual problems that prevent the full implementation of the principle of secular nature of the state in the Russian Federation. The authors analyze the currently existing forms of interaction between the state and religious associations and assess their compliance with the principles of a secular state. The article deals with the main revealed violations of the principles of the secular state in the Russian Federation by officials of public authorities, representatives of religious associations, the media. The authors analyze the Federal laws of the Russian Federation that regulate social relations arising in the implementation of the principles of a secular state. The article also substantiates the need to amend the Russian legislation concerning the imposition of sanctions for violations of the principle of the secular nature of the state and the formation of a new concept of relations between the state and religious associations.
Gaps in Russian Legislation. 2019;12(2):21-24
pages 21-24 views

Maintaining of Constitutional Legality through Interpretation of Constitutions (Statutes) of the Subjects of the Russian Federation

Davydova M.A.

Abstract

The aim of this study is to investigate the interpretation of the constitutions and statutes of the subjects of the Russian Federation and its impact on the formation of a uniform understanding and application of constitutional norms by all subjects of law throughout the country. The results of the investigation show that the interpretation of the constitutions and statutes of the subjects of the Russian Federation such as the power of constitutional (statutory) courts has a positive impact on overcoming and eliminating gaps and contradictions in the legal norms of the subjects, as well as contributes to bringing them to maximum coherence. The provision of an opportunity to interpret the regional fundamental laws in the territories of all subjects of the Russian Federation will lead to the maintaining of supremacy of the constitutions (statutes) of the federal subjects. Investigations show that there are still subjects in the Russian Federation where constitutional and statutory courts are not available, and legislative bodies are not empowered to interpret their constitutions (statutes). In our view, these circumstances lead to a negative impact on the stability of constitutional legality. Therefore, the more often the problem of interpretation of the fundamental laws of the subjects is raised, the more it will contribute to the development of this institution and, as a result, the inclusion in the legislation of all subjects of the Russian Federation of the powers of interpretation of subjects' constitutions and charters. Originality. The Institute of interpretation of the fundamental laws of the subjects of the Russian Federation and the problems associated with its implementation require wider discussion, since with the main purpose and results of scientific research in this matter it should contribute to the development, strengthening and stabilization of constitutional legality in the regions of the country.
Gaps in Russian Legislation. 2019;12(2):25-28
pages 25-28 views

CERTIFICATION AS A METHOD OF PROCEDURE REGULATORY REGULATION OF ACTIVITIES SUBJECTS PUBLIC AUTHORITIES

Makogon B.V.

Abstract

In the article, based on an analysis of a wide range of sources, the author presents the position on certification in the system of organizing influence on public relations. Certification is considered as a method of procedural and restrictive regulation of the activities of public authorities with the identification of its essence and the formulation of proposals for improvement.
Gaps in Russian Legislation. 2019;12(2):29-31
pages 29-31 views

PRINCIPLES OF THE JUDICIARY IN HUMAN RIGHTS MATES: THE EXPERIENCE OF THE CONSTITUTIONS OF THE COUNTRIES OF EASTERN EUROPE

Treskov A.P.

Abstract

In the research attention is devoted to the comparative analysis of the norms of the constitutions of the countries of Eastern Europe to identify them in the principles of judicial power (in the broadest meaningful interpretation), fixed in the specific sections on the rights and freedoms of man and citizen. As a result, the author substantiates the framework constitutional approach of conjugation in the formalization of subjective rights with their guarantees of implementation by the judiciary on the basis of the principles established for them. Among the latter are the following: an independent and impartial court, universal and procedural equality before the court; the presumption of innocence; the publicity of cases and the announcement of the court's decision. The studied constitutional provisions also reveal other principles of the judiciary, which were isolated examples of the claimed combination with subjective rights, but did not receive mass distribution.
Gaps in Russian Legislation. 2019;12(2):32-34
pages 32-34 views

The estimation of international legal and constitutional regulation of the right to dignity

Stalnova A.S.

Abstract

The article is a study of theoretical and practical aspects of the regulation of the legal category "human dignity" at the international legal and constitutional levels. International legal acts and constitutions of foreign countries are analyzed in order to develop the existing theoretical approaches and expand the understanding of the modern understanding of the legal category of human dignity. As a result, it is concluded that there is no uniform approach in the practice of fixing the category of human dignity. At the same time, the study allowed to identify the key elements of the complex legal category of human dignity: respect, protection, protection, inviolability, inviolability and guarantee of dignity.
Gaps in Russian Legislation. 2019;12(2):35-39
pages 35-39 views

The normative content of the right to freedom of movement, choice of place of stay and residence

Ibragimova L.R.

Abstract

In this article the author examines and analyzes such components of the constitutional right of a citizen as freedom of movement, choice of place of stay and residence, which serves as the basis for the legal implementation of population movement and registration procedures at the place of stay and residence.
Gaps in Russian Legislation. 2019;12(2):40-44
pages 40-44 views

THE RELATIONSHIP BETWEEN THE CONCEPTS OF "LEGAL CULTURE" AND "DEVIATION" IN THE CONTEXT OF ESTIMATING THE LEVEL OF CIVIL LEGAL CONSCIOUSNESS OF MODERN YOUTH IN THE RUSSIAN FEDERATION

Rostokinsky A.V.

Abstract

This article discusses the historical understanding of the Russian legal culture and the attitude of civil society to it. The need to reform the Russian legal system in order to create respect for the law in society, as well as to increase confidence in the law enforcement agencies is noted. Also in the article the question of norm and deviation from it, that is deviation is considered. The characteristic of the relation of these concepts is considered. It is noted that deviation at the present stage is considered as a deviation from the generally accepted norms of behavior, as well as a violation of the legislation of the Russian Federation. The article also gives the characteristics of deviant behavior and identifies the key forms of. It is pointed out that the decrease in the level of deviant behavior in civil society has a direct relationship with the increase in the legal culture of Russians. This article is prepared in the framework of the research work on «Empirical-theoretical research study to identify the hidden educational motivation of students in the development of modern adaptive vocational standard of work of pedagogical workers in the framework of additional educational activities on the basis of the data obtained in the course of the Legal forum for the students of educational institutions "Right for school» in the framework of the State task of the Federal center of educational legislation in 2018 year.
Gaps in Russian Legislation. 2019;12(2):45-47
pages 45-47 views

Are the prices made at auctions always competitive and fair?

Borzilo E.Y.

Abstract

Author analysis whether the price formed at auctions conducted further to the Russian legal requirements be deemed always fair and competitive. To answer the question author first defines the notion of competitive price. Consistently researching criteria of competitive prices author comes to the conclusion that prices formed at auctions do not fully comply with any criteria of competitive price.
Gaps in Russian Legislation. 2019;12(2):48-50
pages 48-50 views

The constitutional basis of the legal regulation of entrepreneurial activity (study of the object of legal regulation of artificial intelligence)

Abramov S.G.

Abstract

At the present stage of development of technology, increasing use of computers in economic and political activities is provided by means of which it is possible to create a man-computer system by implanting processors into the human brain, artificial intelligence systems. Such experiments already take place in domestic and foreign engineering practice. This direction was investigated by R. Calo, M. Froomkin, I. Kerr, M. Eigen, P. Lin, K. Abney, G.A. Bekey. The aim of the study is to develop theoretical concepts, approaches, proposals for regulating the use of new social phenomena in economic and business activities. In the study of social relations, the following methods were used: formal legal method, methods of interpretation of law (functional, logical), legal modeling, legal forecast. Conclusions and results. With regard to the functioning of new phenomena, the possibility of using the existing law, as well as measures to regulate legal relations by public institutions of the state, is being considered. The article examines the development trends of law and the state in the new economic structure. For these purposes, the need to use new technological tools to identify mental processes in the brain of subjects in the implementation of economic acts in order to eliminate the defects of the content of legal relations is being investigated. Such a measure will reduce the number of litigations, will give stability to the legal system, attractiveness of the legal regime. It is revealed that mental processes, volition, as manifestations of brain activity, have an individuality that can be verified for each individual by means of a computer. In this regard, an assumption is made that law can regulate the manifestation of mental processes as acts of will in the implementation of economic acts of commodity exchange or in public activity (the regulation of implicit actions is replaced by the fixation of mental processes in the form of mental reasoning). The issues related to the experimental implantation of processors in the human brain, the possible consequences of such a procedure on an industrial scale in relation to law and the state. It is noted the need to develop norms related to the defect of will, limiting the capacity of such entities in the implementation of legal relations, transactions. It is hypothesized that changing social relations through the use of artificial intelligence systems, endowing them with legal personality does not make sense. In the program, the computer algorithm has no inherent human axiological values. It was concluded that the program of artificial intelligence (artificial anthropoid) will not be determined by the performance of the labor function in society. In the causes of the actions and in the ensuing consequences there will be no presence of a philosophical category, the process of "objectification". In view of this, there may be an imbalance in the economic basis when carrying out exchange operations (the category of the exchange value of the goods is eliminated). Sectoral legal problems are described when vesting robotic systems, artificial intelligence systems with legal capacity and capacity. It is revealed that the activity of "electronic persons", the activity on creation of algorithms and programs is not regulated by the norms of public law, there are no state bodies of state authority and management that would carry out certification or licensing. Suggested solutions to problems. The applied aspect of such work will be used in the field of state regulation of economic and business activities of economic entities. Further research may be related to the development of regulatory acts for banking activity and the financial market. The results obtained can be used in the lawmaking process in reforming civil and business law, as well as in the development of acts of state legal policy in the field of entrepreneurial activity. The application of the formulated proposals will allow the use of new technological tools in business relations in the national economy on the basis of legal regulation. The work is intended for specialists in private and public law, as well as professionals who carry out legislative activities in the field of legal regulation of entrepreneurial activity.
Gaps in Russian Legislation. 2019;12(2):51-58
pages 51-58 views

The legal basis for determining the threshold values of the notoriety level of a notorious trademark

Batykov I.V.

Abstract

Purpose: In the Russian legislation at the moment there are no clear criteria for the recognition of a trademark as notorious. International legal practice also uses different approaches to this problem. For this reason, the aim of the article is to define the threshold values for the indicator of trademark notoriety. Design/methodology/approach: The article uses two methodological approaches - generalization of decision-making practice and logical analysis of decision-making grounds. The results obtained in two independent ways (using logical analysis and statistical generalization of Rospatent practice) are consistent with each other, and this fact indicates the reliability and validity of the conclusions of both methods. Findings: Statistical analysis of the published decisions of Rospatent on the recognition of trademarks as notorious in Russian Federation showed that the empirical lower limit of notoriety level is 59%. It is not identical to the logical lower limit, which, according to judicial practice, can be significantly lower than 50%. However, the author recommends to consider the rule of simple majority - 50% + 1 vote as the most reasonable lower limit. It provides a reliable and objective conclusion about the prevalence of trademark awareness in a relevant consumer group. The obtained results allow proposing a change in the text of the Civil code of Russian Federation. Originality/value: The results obtained are important for the practice of judicial decision-making and can be used in court cases related to the definition of trademarks notoriety.
Gaps in Russian Legislation. 2019;12(2):59-62
pages 59-62 views

THE PERMIT TO BUILD: THE LEGAL REGULATION AND PRACTICE IN THE APPLICATION

Zimina M.Y.

Abstract

The article provides analysis of the legal legislation regarding permits to build. An assessment has been made of new regulation in terms of building permit, in terms of its validity period. The analysis allows to legislation and judicial practice regarding the possibility of obtaining permits. The conclusions and suggestions made by the author can be applied in solving problems of legal reform, in law enforcement, and can also be used to raise legal awareness among officials of public authorities and local self-government.
Gaps in Russian Legislation. 2019;12(2):63-68
pages 63-68 views

The housing cooperative right to obtain or to build residential property for a shareholder after paying the shareholder’s fee

Skripnichenko D.A.

Abstract

The article deals with the issue of the housing cooperative empowerment to obtain or to build residential property for a shareholder after paying the shareholder’s fee (or its part). The author makes conclusions about interdependence of order and timing of paying fees and the cooperative shareholder’s right to own the residential property.
Gaps in Russian Legislation. 2019;12(2):69-73
pages 69-73 views

PECULIARITIES OF THE LEGAL STATUS OF STATE INSTITUTIONS AS A PARTICIPANT IN FINANCIAL RELATIONS

Savostyanov G.P.

Abstract

The article analyzes the peculiarities of the legal status of state institutions as a participant in financial legal relations. The peculiarities of the legal status of state-owned institutions are identified through the analysis of Russian legislation governing public relations in the field of budget financing.
Gaps in Russian Legislation. 2019;12(2):74-76
pages 74-76 views

VIOLATION OF FOREST LEGISLATION AS AN OBSTACLE TO THE IMPLEMENTATION SUSTAINABLE FOREST MANAGEMENT

Mokretsov Y.V., Avdeev Y.M., Zherelina O.N.

Abstract

The authors of the article consider the problems associated with the violation of the forest legislation of the Russian Federation. The authors analyze the offenses on the basis of illegal logging in the forest sector of the economy. In the course of the study, the authors show that as a result of illegal logging, a large amount of timber comes in for sale, the market value of which is significantly lower than the price of wood that was cut and sold legally. This leads to the fact that the price of raw wood is greatly underestimated. And legal logging enterprises incur losses, and as a result, this leads to their bankruptcy.
Gaps in Russian Legislation. 2019;12(2):77-81
pages 77-81 views

LEGAL REGULATION AND ACTUAL STATE OF THE RELATIONS TAKEN INTO CUSTODY, CONDEMNED WITH ADMINISTRATIONS OF PLACES OF DETENTION

Shurukhnov N.G.

Abstract

The article considers legal regulation and actual state of the relations imprisoned with administrations, gives the retrospective of such relations, designates the separate reasons of illegal use of physical force and special means to convicts.
Gaps in Russian Legislation. 2019;12(2):82-86
pages 82-86 views

SOME QUESTIONS CONCERNING CRIMINAL RESPONSIBILITY FOR ORGANIZING ILLEGAL ARMED FORMATION AND PARTICIPATION IN IT

Shkhagapsoyev Z.L., Tutukov A.Y.

Abstract

The activities of illegal armed groups, along with terrorist and extremist organizations, pose a serious threat to the national security of the Russian state. It should be recognized that at present, the activities of illegal armed groups represent an increased social danger to society and the state, aimed at disorganizing public life, since it can be used to commit various crimes, including terrorist ones. In this regard, criminal law provides for liability for organizing or participating in an illegal armed group. Analyzing the content of art. 208 of the Criminal Code, the author points to the gaps in the legislation that affect the qualifications of the offense, and suggests possible ways to address them.
Gaps in Russian Legislation. 2019;12(2):87-88
pages 87-88 views

Analysis of the causes and conditions conducive to the involvement of women in drug trafficking

Shkhagapsoyev Z.L., Akkaeva K.A.

Abstract

Female crime and drug addiction constantly bordering each other. They became negative phenomena of modern Russia. In order to determine the reasons that contributed to the commission of a crime by a woman, it is necessary to study the specifics of the female nature. In the article, the authors analyzed the causes and conditions for women committing crimes related to drug trafficking.
Gaps in Russian Legislation. 2019;12(2):89-91
pages 89-91 views

THE POLICY OF THE RUSSIAN EMPIRE IN THE AREA OF PREVENTION OF DEVIANT BEHAVIOR OF MINORS AT THE TURN OF THE CENTURY

Pervozvansky V.B., Silenkov V.I.

Abstract

This paper presents an analysis of the development of political beliefs, scientific views and their implementation in practice; prevent deviant behavior of minors by creating private correctional homes, public correctional institutions of various forms. Analyzed data from primary sources that demonstrate the situation in this area, the role of the courts, States that the first world war and the transition to new economic relations, in fact, led to the collapse of the generated System Prevention of negative behavior of minors.
Gaps in Russian Legislation. 2019;12(2):92-96
pages 92-96 views

Gaps of certain norms of the Special Part of the Criminal Code of the Russian Federation, legal analysis and proposals for their elimination

Bryka I.I., Haperskaya K.S.

Abstract

The authors discuss and analyze some problems arising from the qualification of acts in some offenses. The article reveals a number of controversial norms in the Russian criminal legislation, the gaps contained in their objective and subjective aspects, in the subject of the crime, the sentencing of the guilty, as well as the legal assessment of the contradictions arising in these cases. The authors analyzed and considered the issue of legality and the possibility of applying arrest and imprisonment against the perpetrator, which in some cases are illegal, and therefore proposes a number of changes to the legal norms, correcting their content. The authors emphasize the need to make adjustments to the Criminal Code in order to improve the transparency and efficiency of the practice of lawyers.
Gaps in Russian Legislation. 2019;12(2):97-99
pages 97-99 views

THE CONDITIONS OF LAWFUL CASE OF HARM WHEN CONDUCTING BIOMEDICAL RESEARCH IN RUSSIAN CRIMINAL LAW

Volosjuk P.V., Shiryev A.S., Cherevan V.V.

Abstract

The purpose of the research. The relevance of the study is explained by the need to develop a scientifically based approach in determining the conditions for the lawfulness of harm to law-enforcement interests in the period of the biomedical research. Modern criminal legislation does not contain special criminal law provisions that would regulate the issues of criminal liability of persons who organized biomedical research involving any person or using a person as an experimental. Modern scientific research on this issue is mainly aimed at studying the problems of legal regulation of biomedical research in the Russian Federation and also aimed at the formulation of proposals for the criminalization of illegal biomedical research. At the same time in the theory of criminal law very little attention is paid to the problem of determining the conditions for the lawful infliction of harm to persons who took part in biomedical research. The advantage of the available scientific publications is aimed at the study of extreme necessity and reasonable risk as circumstances precluding criminality in various fields of professional activity. In this article the authors are built upon the basis of their own vision of the problem and propose a legislative definition of the conditions for the legality of causing harm during biomedical research and justify the need to identify an independent criminal law rule governing this problem. The main results of the study. The Russian criminal legislation along with the imperative method of regulating criminal relations also provides for the method of authorization, implemented in Chapter 8 of the Russian criminal law defining the conditions for the lawful infliction of harm in a situation where circumstances preclude criminality. Modern Russian criminal legislation does not keep pace with the rapid development of science and technology in connection with which there is an urgent need for the legislative definition of the boundaries of possible harm during scientific experiments. Scientific and practical significance of the work. The results of the study can be used in law enforcement and law-making activities as well as in teaching the training course of the Criminal Law of Russia and in conducting further scientific research on this scientific issue. The article is intended for students, graduate students and teachers of law schools and faculties, law enforcement officers as well as to anyone who are interested in this sphere.
Gaps in Russian Legislation. 2019;12(2):100-105
pages 100-105 views

Qualification of objective signs of smuggling of narcotic drugs, psychotropic and potent substances with the use of violence to the person exercising customs or border control

Grishin D.A., Sandrova N.A.

Abstract

The article reveals the problems of legal regulation and criminal liability for the smuggling of narcotic drugs, psychotropic and potent substances. In addition, this article reflects the gaps in the legal regulation of countering smuggling of controlled substances, the situation with which has developed as a result of the fact that the legislator did not take into account all the rules of legislative and legal engineering in the design of the norm. The author made proposals for fixing specific signs instead of the estimated sign of violence, making the disposition descriptive or supplement Art. 229.1 of the Criminal Code of the Russian Federation note, disclosing the concept of "violence". The author believes that it is wrong to use an evaluative feature in this norm, as this will adversely affect the qualification of the crime of the act and cause a lot of controversial issues in the law enforcement process, including judicial practice. According to the author, these adjustments will help increase the effectiveness of countering this type of crime.
Gaps in Russian Legislation. 2019;12(2):106-108
pages 106-108 views

HISTORICAL EXPERIENCE IN RESISTANCE TO TERRORISM IN RUSSIAN FEDERATION

Manukyan A.R.

Abstract

The article is about historical experience of countering terrorism since the inception of the Russian Federation to the present. The author concludes that the counter-terrorism system in the Russian Federation has undergone major changes that are associated with the dynamic development of forms of criminal activity and the corresponding fundamental transformation of the concept of counter-terrorism activities in the world. The modern system of countering terrorism in the Russian Federation is the result of long, painstaking work in various fields, and for its full understanding it seems necessary to analyze the historical development of forms and methods of countering terrorism in Russia.
Gaps in Russian Legislation. 2019;12(2):109-110
pages 109-110 views

CLASSIFICATION OF THE PATTERNS OF CRIMINAL LAW

Andrianov V.K.

Abstract

According to philosophy, the basis of the genesis, evolution, functioning and structural construction of any phenomenon lays in its objective patterns.The opening of the relevant patterns is the main task of any science, including legal, because in these patterns the content of law revealing in the most deep way. At the same time, it is impossible to develop a doctrine on the patterns of criminal law, if we imagines them syncretically, as some kind of undifferentiated whole. This article continues the series of publications on the issue of the classification of criminal laws patterns in the sphere of legislation.
Gaps in Russian Legislation. 2019;12(2):111-115
pages 111-115 views

What can be implemented in the legislation of the Russian Federation? Successful practice of fight against corruption in the Kingdom of Denmark

Drozdova E.A., Loseva S.N.

Abstract

This article reviews problems of fight against corruption, sets urgency of the considered topic, provides the example of the most successful practice of fight against corruption in the Kingdom of Denmark. It is submitted that the described practice objectively deserves attention, and some provisions can be implemented in the national legislation of the Russian Federation. At the end of the article it draws the conclusions.
Gaps in Russian Legislation. 2019;12(2):116-118
pages 116-118 views

TO THE QUESTION OF THE ROLE OF THE LABOR ADAPTATION OF CONDEMNED, CONTAINED IN CORRECTIVE INSTITUTIONS

Anfinogenov V.A.

Abstract

The article deals with certain issues of attracting convicts held in correctional institutions to paid work. The author concludes that the labor adaptation of convicts has a positive impact on the process of their re-socialization.
Gaps in Russian Legislation. 2019;12(2):119-120
pages 119-120 views

SOCIAL AND PSYCHOLOGICAL ANALYSIS OF CONFLICT INTERACTION IN THE MEDIUM OF CONSIDERED

Anfinogenov V.A.

Abstract

The article discusses the structural and dynamic characteristics of conflict situations among convicts in conditions of isolation from society. It is concluded that the negative impact of the penitentiary subculture, existing among convicts, is a significant conflict-forming factor.
Gaps in Russian Legislation. 2019;12(2):121-123
pages 121-123 views

INSTITUTE OF INTERRUPTION MEASURES IN THE FORM OF HOUSE ARREST: PROGNOSTIC ASPECT

Gabaraev A.S., Gavrikov E.V., Polyakova Y.N.

Abstract

The article provides a long-term forecast of the number of persons in respect of whom the court chooses a preventive measure in the form of house arrest (until 2025). The method of conducting such studies is shown.
Gaps in Russian Legislation. 2019;12(2):124-127
pages 124-127 views

Terrorist crime prevention measures in the Russian Federation

Akkaeva K.A.

Abstract

Terrorist crimes have for a long time remained the main threat to national security not only of the Russian Federation, but of the world as a whole. The states of the world should step up activities to counter terrorist activities, identify and eliminate the causes that generate them, and also pursue an active policy of preventing and minimizing the onset of the grave consequences of terror. The internal policy of each individual country should be based on the implementation of preventive methods to combat such crimes, using the interaction of all actors in the fight against crime.
Gaps in Russian Legislation. 2019;12(2):128-130
pages 128-130 views

TO THE QUESTION OF CRIMINAL RESPONSIBILITY FOR CRUELING ANIMALS

Tengizova Z.A.

Abstract

In 2017, a criminal law establishing liability for animal abuse was amended. Despite this, the author notes that there are difficulties with the definition of cruel treatment of animals due to the absence in the legislation of standards for the proper treatment of animals. Unfortunately, the legislator has not established the rules governing the proper handling of animals. In this regard, as well as taking into account the growth of illegal actions in relation to animals, the author has attempted to analyze the composition of article 245 of the Criminal Code of the Russian Federation and to formulate proposals in this area.
Gaps in Russian Legislation. 2019;12(2):131-133
pages 131-133 views

TO THE QUESTION OF THE NEED FOR EXTENDING A LIST OF METHODS OF CONDUCT TO SUICIDE

Hachidogov R.A.

Abstract

Suicide is a sad and dangerous phenomenon of modernity. This phenomenon does not divide people by gender, profession, or well-being. Unfortunately, recently suicide is the reason for the passing away of many young people. This phenomenon does not divide people by gender, profession, or well-being. Unfortunately, recently suicide is the reason for the passing away of many young people. Bringing to suicide should be recognized as a controversial and complex phenomenon, which causes an increased public danger of such actions, which entail negative consequences. In the presented article, the author analyzes the practice of using art. 110 of the Criminal Code of the Russian Federation, its content is disclosed and the conclusion is made about the need to expand the list of ways of bringing to suicide.
Gaps in Russian Legislation. 2019;12(2):134-136
pages 134-136 views

Some issues of bringing to criminal responsibility under article 205 of the Criminal Code of the Russian Federation

Hachidogov R.A.

Abstract

Terrorism is one of the most dangerous threats to the national security of the Russian Federation. A lot of people are becoming subjects of terrorist crimes. The most common form of terrorism is a terrorist act, for the commission of which criminal liability has been established, as provided for by the Criminal Code of the Russian Federation. A terrorist act is one of the most devastating in its consequences. In the present article the author analyzes questions of criminal prosecution for crime of terrorist character which qualification is carried out under the Article 205 of the Criminal Code of the Russian Federation.
Gaps in Russian Legislation. 2019;12(2):137-138
pages 137-138 views

LEGISLATIVE REGULATION OF THE MANUFACTURING SECTOR OF PENITENTIARY INSTITUTIONS: FOREIGN EXPERIENCE

Kosolapov Y.V., Kostromina E.A., Sivova A.A.

Abstract

The article analyzes the legislation of the United States of America in the sphere of regulation of the Federal prison industry as a tool for expanding the production sector of penitentiaries. The necessity of state support and receipt of orders for production activities in the necessary volume by the institutions executing punishment to create a sufficient number of jobs for convicts, which allows to successfully solve the problems in the process of their professional adaptation and successful re-socialization after release. On this basis, the ways of improving the Russian penal enforcement legislation are proposed.
Gaps in Russian Legislation. 2019;12(2):139-141
pages 139-141 views

Legal regulation of the reporting of the income, expenses, about property and obligations of property character

Karishina I.E.

Abstract

This paper indicates the problems arising in the presentation of information by the civil officers about income, expenses, about property and obligations of property character. It highlights the most frequent common mistakes when filling out the income statement, formulated proposals for the settlement of certain issues related to presenting the information.
Gaps in Russian Legislation. 2019;12(2):142-148
pages 142-148 views

SPECIFICS AND DISTINCTIVE FEATURES OF FEMALE TERRORISM AT PRESENT

Burayeva L.A.

Abstract

The article deals with topical issues related to female terrorism manifestations at present. The author investigates fundamental reasons encouraging women to participate in terrorist activities, in direct implementation of terrorist acts as "live bombs", in particular. Specific features of female terrorists are noted as a special category that has a tendency to emotional perception of reality, has a high degree of impressionability and a desire for some ideal or all-consuming idea, reaching fanaticism.
Gaps in Russian Legislation. 2019;12(2):149-151
pages 149-151 views

ON THE PROBLEM OF YOUTH INVOLVING IN EXTREMIST AND TERRORIST GROUPS: MAJOR CAUSES AND WAYS OF PREVENTION

Dadova Z.I.

Abstract

The article presents the actual problem of involving young people in extremist and terrorist groups. The author analyzes the methods of involvement ways used by recruiters to influence the minds of young people. Family institution role weakening, the exposure of youth to the negative impact influence in information space is noted in the article. The author concludes that the state should create all conditions for young people’s successful socialization, directing all forces to prevent and counter extremism and terrorism. As the necessary means the author notes the improvement of young people’s social environment, their involvement in the socio-cultural space as well as the clear organization of the psychocorrection system work to prevent aggression of young people being in risk group.
Gaps in Russian Legislation. 2019;12(2):152-154
pages 152-154 views

On the current issues of countering cyberterrorism

Shogenov T.M.

Abstract

The article deals with the problems of cyber terrorism at the present stage. Today, in the age of information technology, cyber attacks can become a dangerous tool in the hands of terrorist organizations. The author noted that the fight against cybercrime must be waged by the entire world community, since at the moment cyber attacks and manifestations of terrorism in the global information space can threaten the national integrity of countries and destabilize the international situation.
Gaps in Russian Legislation. 2019;12(2):155-157
pages 155-157 views

THE ROLE OF MASS MEDIA IN COUNTERING YOUTH EXTREMISM AND TERRORISM

Dadova Z.I.

Abstract

The article discusses the ways and methods of using mass media as a way to prevent youth involvement in extremist and terrorist organizations. The media have a special place in countering extremism and terrorism. The role of the media as the most powerful means of influencing a wide audience is analyzed. The author notes that the media can play both positive and negative roles. The article presents ways to optimize anti-extremist and anti-terrorism education in this area. The positive role of media actions regulation at the state level is noted. It is also proposed to adjust the content, methods and ways of presenting the material, depending on the issue relevance of combating extremism and terrorism for a particular region.
Gaps in Russian Legislation. 2019;12(2):158-160
pages 158-160 views

SOME QUESTIONS OF THE ORGANIZATION OF ACTIVITY ON ANTITERRORIST PROTECTION OF CITIZENS AND OBJECTS OF LIFE SUPPORT

Tarchokov B.A.

Abstract

Ensuring anti-terrorist protection of citizens and life support facilities is of particular relevance. The importance of timely prevention and suppression of various manifestations of terrorist nature in relation to life support facilities necessitate the coordination and unification of forces of managers at all levels, scientists and experts in the development of various complexes and security systems.
Gaps in Russian Legislation. 2019;12(2):161-162
pages 161-162 views

Experience of detention of persons convicted of terrorist crimes in penitentiary institutions of foreign countries

Maletina E.A.

Abstract

The article presents an analysis of the practice of penitentiary institutions of foreign countries of detention convicted of terrorist crimes. Highlights the different point of view to separate and concentrate the content in one institution, this category of convicts.
Gaps in Russian Legislation. 2019;12(2):163-165
pages 163-165 views

Is there a need for a dog service in the criminal-executive system?

Bykov A.I.

Abstract

This article structured the main indicators characterizing the state of the service activity of the dog service of the criminal performance system. The author analyzed the changes in indicators and their impact on the nature of the service of the dog service. As a result of the analysis, the author identified a number of problematic issues that require immediate attention from the penal system, in addition to this proposed ways to solve the problems.
Gaps in Russian Legislation. 2019;12(2):166-168
pages 166-168 views

Dog service of the criminal-executive system: question of economic feasibility

Bykov A.I.

Abstract

The article deals with the problematic issues of the dog service of the criminal-executive system in the conditions of the current financing. The author analyzed the main indicators of the efficiency of the dog service of the penal correction system, as well as the dependence between the financing of the dog service of the criminal-executive system and its activities. As a result, the author made conclusions on the topic under consideration.
Gaps in Russian Legislation. 2019;12(2):169-171
pages 169-171 views

DETERMINANTS OF DIFFERENT ACTIONS IN THE CURRENT CONDITIONS

Alieva E.A.

Abstract

The purpose of this article is to present a theoretical and applied study of the determination of sexual abuse in order to work out the most effective measures to prevent and prevent criminal encroachment on the sexual inviolability of minors. Results. The author highlights the main approaches to determining the determinants of crime, as well as analyzed some factors that serve as the causes and conditions for committing debauchery actions. This article will be useful to persons studying the disciplines of «Criminal Law», «Criminology», as well as scholars and practitioners in organizing and developing measures to counter the considered criminal phenomenon. In addition, the obtained results complement the scientific research in the field of criminology, which can be used in solving the problems posed by this branch of science.
Gaps in Russian Legislation. 2019;12(2):172-174
pages 172-174 views

PREVENTION OF DELINQUENT BEHAVIOUR OF MINORS (ON THE EXAMPLE OF TULA REGION)

Panfilov E.E.

Abstract

The article considers the problem of prevention of delinquent behavior of minors relevant today. It investigates the conditions of prevention of delinquent behavior, neglect and offenses of minors and considers ways of improvement of preventive measures, develops the Model of prevention and interdepartmental interaction according to prevention of delinquent behavior of minors in Tula region.
Gaps in Russian Legislation. 2019;12(2):175-178
pages 175-178 views

CURRENT PROBLEMS OF CRIMINAL PROCEDURE RIGHTS IN THE RUSSIAN FEDERATION

Shkhagapsoyev Z.L., Tutukov A.Y.

Abstract

In the article, the authors analyze actual problems of criminal law. The authors have identified some problems of the legal regulation of the criminal process in the Russian Federation and the practice of the implementation of criminal law. It was concluded that the improvement of criminal procedural law in the Russian Federation should be comprehensive and reflected in government policy in this area.
Gaps in Russian Legislation. 2019;12(2):179-180
pages 179-180 views

Criminal procedural peculiarities of interrogation of minors at the preliminary investigation

Berova J.M., Tutukov A.Y.

Abstract

Interrogation is the main investigative action in the implementation of the preliminary investigation. At the same time, interrogation of a minor is particularly specific. The article indicates the need to pay special attention to the personality of the minor. The preparatory stage for interrogation is an important part of the investigative process involving a minor.
Gaps in Russian Legislation. 2019;12(2):181-183
pages 181-183 views

Some features of the study of criminal conflict in criminal proceedings

Kharzinova V.M.

Abstract

The article considers various approaches to the study of conflict in the criminal process. The system principle of scientific methodology used in criminal proceedings is considered. Features of the system principle and what ends the regulation of criminal conflict.
Gaps in Russian Legislation. 2019;12(2):184-185
pages 184-185 views

Problems of implementation of the adversarial principle in the Russian criminal proceedings

Glyanko O.A.

Abstract

The article touches upon the problem of implementation of the adversarial principle at the stages of pre-trial and judicial proceedings. The problems of collecting evidence by the defense and the reasons for the formation of the accusatory bias in the activities of the Russian justice are considered.
Gaps in Russian Legislation. 2019;12(2):186-189
pages 186-189 views

TACTICAL AND FORENSIC SUPPORT OF DIGITAL DATA FRAUD

Kobleva M.M.

Abstract

The contemporary methodology of digital data fraud investigation, preventive or contributive factors of preliminary investigation effectiveness are studied within the mainframe of the article. The ways of the increase of detection of the said crimes are analysed a argued upon.
Gaps in Russian Legislation. 2019;12(2):190-192
pages 190-192 views

The value of circumstantial evidence in criminal proceedings

Abazov I.S.

Abstract

Objective and high quality criminal investigation is impossible without studying direct and indirect evidence. It is important that direct evidence which is the basis for establishing the circumstances of the crime committed must be supported by indirect evidence. In many cases underestimating of the circumstantial evidence role can lead to investigative and judicial errors.
Gaps in Russian Legislation. 2019;12(2):193-194
pages 193-194 views

On the coordination of police activities to counter extremism

Tokbaev A.A.

Abstract

In modern realities an important problem is the global spread of ideas of extremist orientation. The fight against extremism by law enforcement agencies and the necessary coordination of their actions are essential in countering extremism. The main coordinator in the field of combating extremism is the Main Department for combating extremism which is tasked with a number of tasks in this area.
Gaps in Russian Legislation. 2019;12(2):195-197
pages 195-197 views

TOPICAL ISSUES OF LINGUISTIC EXPERTISE

Zhukova N.A., Yaroshchuk I.A.

Abstract

The article analyzes the existing issues related to the appointment and production of linguistic expertise. These are practical issues related to the definition of the nature and subject of expert research, with the features of the objects of linguistic expertise, and, as a consequence, with the choice of an expert (narrow specialty), with the correct formulation (formulation) of questions to the expert. Attention is also focused on the lack of systematization of methods and techniques of linguistic expertise.
Gaps in Russian Legislation. 2019;12(2):198-201
pages 198-201 views

A TYPICAL SITUATION WHEN DOCUMENTING ILLEGAL RECEPTION OF THE CREDIT: THEORY AND PRACTICE

Rudov D.N., Antonov A.E.

Abstract

The article deals with criminal-procedural, criminal-legal and criminalistic aspects of disclosure and investigation of illegal receipt of credit. The analysis of the specific situation of illegal receipt of the credit from the point of view of the theory and law enforcement practice is given. Recommendations on counteraction of Commission of crimes provided by Art. 176 of the criminal code of the Russian Federation are given.
Gaps in Russian Legislation. 2019;12(2):202-205
pages 202-205 views

Preparatory actions for the inspection of the explosion site

Gauzhaeva V.A.

Abstract

This article is devoted to the analysis of procedural and tactical actions aimed at preparing for the inspection of the explosion site as a scene. As methods were chosen analysis of legal sources, scientific and educational literature, questionnaires, comparative analysis, experiment, modeling. Preparation for the inspection of the explosion site includes a number of standard actions for the formation of the investigative-operational group, the preparation of technical and vehicles, prior consultation with a specialist in the field of explosives, the timing and method of inspection. High-quality preparation for inspection can significantly facilitate and reduce the time spent on the detection, fixation and removal of traces, the study of the situation of the scene.
Gaps in Russian Legislation. 2019;12(2):206-209
pages 206-209 views

WAYS TO IMPROVE THE EFFECTIVENESS OF FORENSIC SUPPORT OF LAW ENFORCEMENT IN THE FIGHT AGAINST CRIME

Kardanov R.R.

Abstract

Up to date, the issues of improving the effectiveness of forensic support for the detection and investigation of crimes are quite relevant, especially during the reform in law enforcement, one of the tasks of which is to reduce the total staffing, as well as the emergence of new ones types and methods of crime, and the increase in the number of crimes committed. The article proposes an approximate instruction of attracting forensic specialists of forensic units to participate in the inspection of the scene, containing a General informative character, the purpose of which is to provide high-quality forensic support of law enforcement in the fight against crime, as well as the rational use of available forces and means.
Gaps in Russian Legislation. 2019;12(2):210-212
pages 210-212 views

Improving the access of subjects to electronic documents

Borisov M.A.

Abstract

Task. The purpose of writing this article is to improve the system of access of subjects to public services and electronic documents in a digital economy. Model. The article examines the relationship of access to electronic documents by analyzing the definition of regulations and their comparison with the actual activities of government bodies. Findings. It is necessary to improve the current legislation of the Russian Federation in the field of access of subjects to electronic documents in a digital economy. Value. The materials presented in the article will help improve existing regulations that establish access to electronic documents in the digital economy.
Gaps in Russian Legislation. 2019;12(2):213-215
pages 213-215 views

Legal and administrative aspects of tobacco control in the Russian Federation: problems and perspectives

Smyshlyaev A.V., Platonova N.I., Melnikov Y.Y.

Abstract

In 2008, Russia joined the World Health Organization Framework Convention on Tobacco Control, but despite this, Russia ranks fourth in tobacco smoking among the population, which is a high figure for developed countries. In the development of this framework convention in Russia, a concept on tobacco control for 2019-2022 was developed. The increase in the cost of tobacco products can be an effective means of combating smoking only for certain categories of citizens. A new principle regarding the previously existing convention on tobacco control for 2015-2017 is the principle of information openness and independence in assessing the results of the implementation of the new Concept. An integrated approach, international cooperation in this area should give its positive results.
Gaps in Russian Legislation. 2019;12(2):216-219
pages 216-219 views

LEGAL NOVATION OF THE CUSTOMS CODE OF THE EURASIAN ECONOMIC UNION AS A BASIC INSTRUMENT OF CUSTOMS REGULATION

Kadyrkulov M.A.

Abstract

The article discusses the legal innovations of the Customs Code of the Eurasian Economic Union. Its brief description is represented, and procedural aspects of UCC' adoption are researched. The legal institutions of the authorized economic operator, customs broker, customs carrier, customs transit are analyzed. The article is addressed to a wide range of specialists in the field of customs law and improvement of customs administration in the Eurasian Economic Union.
Gaps in Russian Legislation. 2019;12(2):220-224
pages 220-224 views

Review of the MONOGRAPH by Yu.ANDREEV "a CONTRACT IN CIVIL LAW of RUSSIA: comparative LEGAL RESEARCH": MONOGRAPH -M.: Norma-INFRA -M, 2017.- 272p

Abstract

This article is a review of the monograph by Yu.Andreev "the Contract in the civil law of Russia: a comparative legal study" - M.: Norm-INFRA-M, 2017, - 272s and contains comments on the most controversial issues raised by the author and it is possible textually can be used in the case of reissue of the book.
Gaps in Russian Legislation. 2019;12(2):225-228
pages 225-228 views

Interdepartmental practical training as a way to improve the educational process for students enrolled in a vocational training program

Tutukov A.Y., Gelyakhova L.A.

Abstract

The police, like all state structures of the Russian Federation, provide public services to the population. To do this, it is necessary that all citizens have the same opportunities when applying to law enforcement agencies. Particular attention should be paid to ATS personnel for people with disabilities. The article tells about the possible introduction of new practices in conducting classes with students of educational institutions of the Ministry of Internal Affairs.
Gaps in Russian Legislation. 2019;12(2):229-231
pages 229-231 views

A PARLIAMENTARY INVESTIGATION IN THE SUBJECTS OF THE RUSSIAN FEDERATION

Abgarov S.S., Nifanov A.N.

Abstract

The authors propose to consider the parliamentary investigation as a kind of parliamentary control in the humanitarian and public sphere. Allocation as an object of parliamentary control of the humanitarian and public sphere of legal relations, both at the Federal and regional levels of the functioning of the legislature, due to the fact that it is within the subject of control activities should naturally act the activities of authorized bodies and officials, as well as related events of particular public importance and (or) humanitarian orientation, including those related to the violation of human and civil rights and freedoms. The article presents the results of comparative legal analysis of the legislation of the Russian Federation on the identification of the specifics of the parliamentary (Deputy) investigation. The author's directions of their resolution are proposed for some problems of the industry.
Gaps in Russian Legislation. 2019;12(2):232-235
pages 232-235 views

SOME FEATURES OF THE FORMATION AND DEVELOPMENT OF COMMUNICATIVE COMPETENCE OF EMPLOYEES OF INTERNAL AFFAIRS

Shamurzaeva Y.V.

Abstract

In the modern world, communication is the most important component of professional activity. The development and maintenance of communication between subjects (citizens, authorities, and officials) is one of the ways to overcome the lack of mutual trust in society. The specifics of building interpersonal relations with citizens among employees of the internal affairs bodies are determined by special working conditions, unusual circumstances and cases and situations not similar to each other.
Gaps in Russian Legislation. 2019;12(2):236-237
pages 236-237 views

To a question of implementation of international legal norms in the sphere of constitutional right to freedom of movement, choice of place of stay and residence

Ibragimova L.R.

Abstract

In this article the author examines and analyzes in detail such components of the constitutional right of a citizen as freedom of movement, choice of place of stay and residence, which serves as the basis for the legal implementation of population movement and registration procedures at the place of stay and residence.
Gaps in Russian Legislation. 2019;12(2):238-241
pages 238-241 views

Judicial enforcement acts and their infuence on legal source forming

Gayniev L.S.

Abstract

The article defines the concept, describes the characteristics and structure of the act of judicial enforcement. The author emphasizes the significance of this legal form for the regulation of public relations, reveals the content of its features, describes the structure, and also conducts an in-depth analysis of the properties of the judicial enforcement act and its structural and functional elements.
Gaps in Russian Legislation. 2019;12(2):242-245
pages 242-245 views

On the issue of implementation of international law in the field of combating corruption

Cherednichenko E.E.

Abstract

In the preparation of this work we set the aim of a needs analysis for the implementation of anti-corruption international law into national legislation. The basis of work was made by texts of the international Conventions and actual standards of the anti-corruption legislation of the Russian Federation. During research it became clear that questions of implementation of international legal norms have some problems. High level of corruption in our country, dictates to show attention to measures of counteraction of corruption which successfully proved in other countries. The Results of our work are useful in studying processes of implementation of the international standards, and also have opportunity to increase efficiency of legislate`s activity. The text of the article is intended for a wide range of readers on the problems of criminal law in General and on the issue of combating corruption in particular.
Gaps in Russian Legislation. 2019;12(2):246-248
pages 246-248 views

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