Vol 12, No 3 (2019)

This article is devoted to both of the main problems existing in the legislative activity, and artificial intelligence - a tool that can optimize the rule-making process. The paper also discusses and provides examples of effective implementation of artificial intelligence both in foreign countries and in corporate activities. At the end of the article the author offers the mechanisms of legislative process optimization in Russia.

The article investigates the issue of nationalization of forest resources in the RSFSR, as well as the author investigates the issue relating to the regulation of legal relations in the field of forest management Decree "On forests". In the sphere of interests of the author include the development of a system of forest management in the Russian Federation. Thus, the author investigates the issues of private law and public law in the conduct of nationalization by the Bolsheviks.

The special features of the socio-legal structure of the municipal executive power and the main principle of its function on the urban and rural settlement's level are noted according to the analysis of the Russian legislation in this article. The author's concept of the definition of the local administration is offered in this article: 1) The legal nature of the local administration of the municipal formation comes from the essence of the local self-government as the form of public authority representing the interests of the People living in the territory of the municipal entity. 2) The legislative provision seems to be impeccable due to the fact that the head of the local administration leads on the principles of the single handed person. Since this approach contradicts the historical traditions of the local government development in Russia, reduces the level of responsibility of municipal employees and creates additional restriction for the local community participation on solving local issues.

The article notes that the Philippine arbitration law includes three main acts: 1) New Civil Code, 2) Arbitration Law of 1953 and 3) Alternative Dispute Resolution Act 2004. The Construction Industry Arbitration Law of 1985, (Executive Order No. 1008), should also be mentioned. The author emphasizes that despite the long history of supporting alternative dispute resolution methods, arbitration and, especially, international arbitration have not received the same development as in most countries. In the Philippines, the time constraints and high cost of litigation most often lead contracting parties to arbitration, but choosing this increasingly popular dispute resolution method remains obstacles to be remembered. Based on the study, it was revealed that the Philippines lacks special legislation regulating the arbitration procedure for resolving financial disputes. At the same time, commercial arbitration is quickly gaining popularity in the Philippines as the most practical of all alternative dispute resolution methods.

The article notes that the economy of South Korea is the 4th largest in Asia and the 11th largest in the world. The financial system of South Korea includes: 1) Financial Markets, 2) Financial Institutions, and 3) Financial Infrastructure. Korea uses an integrated financial supervisory system, in which the Financial Supervisory Service (FSS) controls almost all financial institutions in the country. The structure of financial supervision in Korea has undergone major changes after the financial crisis in Asia in 1997.

He article notes that the Central Bank of the Philippines, based on the Consumer Rights Protection Act 1992 and the Central Bank of the Philippines Act 1993, developed a special dispute resolution mechanism related to the provision of financial services to consumers. In April 2018, at the Round Table held at the Ministry of Commerce and Industry of the Philippines, the main ways of resolving disputes related to consumer protection were discussed. These methods included mediation and quasi-litigation of the dispute. The general procedure for alternative dispute resolution in the Philippines is determined by the Rules adopted by the Supreme Court of the Philippines (Supreme Court) and the Department of Justice (for example, the Special Rules for Alternative Dispute Resolution approved by the Supreme Court in 2009). Court on Alternative Dispute Resolution). It was emphasized that in the Philippines there are no special regulations governing the protection of the rights of consumers of financial services and products. Although examples of such acts in other areas are available.

The article deals with the problems of implementation of public interests in the bidding, the topic is relevant, as there are many problematic issues related to the organization and conduct of bidding, which indicate the need for further comprehensive study and improvement of legal regulation of competitive methods of concluding a civil contract. The study used General scientific research methods: the method of deduction was combined with the method of induction, comparative legal analysis was carried out, the method of case analysis was used, the study used a statistical method of collecting information. The study is based on the writings of such scholars as: O. A. Belyaeva, D. A. Newskogo, V. Pecorino, K. V. Kuznetsov and others. The article is devoted to the definition of the features and role of public interests in the bidding. According to the results of the study, it is concluded that one of the effective methods of disciplining the bidder can be the establishment of the security of the contract with the maximum allowed by the current legislation. Need rules that would keep participants from the collapse of prices in order to win the auction one of the methods of solution could be the establishment of a maximum limit of decrease in prices relative to the MSPC for certain types of goods. Has been restated in the article the results of research showed that the implementation of public interests at trading requires further study and analysis.

The purpose of this article is to identify approaches to the risk as an economic and civil law category. Findings. On the objective side, risk means the possibility of negative consequences, the situation of uncertainty in the final result of an activity, the perceived danger of property losses. On the subjective side, risk is the conscious choice by the subject of a particular behavior in a certain situation. One can speak about risk only in the case of the reality of the onset of several final variants. Objective risk - a category filled with negative content is not welcomed either in economics or in civil law. However, subjective risk in the economy is considered as a positive phenomenon, entailing a positive effect (stimulating innovation, the search for new solutions). This aspect of risk must be taken into account in the legal regulation of civil risk relations. Practical implications. The conclusions made by the author in this article can be used in educational, scientific, law enforcement activities. Originality/value of this article consists in the author's approach to the essence of risk as an economic and civil-legal category, the rationale for the need for special legal regulation of risk relations, taking into account both the positive and negative effects of risk.

This article assesses the prospects of implementation of the family policy in the Russian Federation. The study of the causes of the crisis of the institution of the family in modern society, their occurrence, impact on social institutions and ways to overcome it. The paper also discusses measures to support families in the Russian Federation, the importance and influence of the state on the modern institution of the family and its role. The analysis of property and personal non-property relations in the sphere of family policy in Russia is carried out. The authors conclude that the future development of the country and its people depends on the family policy. The family, as the basis of any state, has a direct impact on the social, economic and cultural spheres of society. Issues of family well-being and its spiritual and moral state should be the most important task of the state to improve the quality of life in the country.

Article is devoted to questions of legislative providing a system of purchases in health care. In work the standard difficulties of realization of tasks connected with implementation of the procedure of purchases of medications in the conditions of growth of the amounts of financing of the considered sphere, development and deployment of the expensive programs directed to maintaining health of the population, increase in life expectancy and fight against difficult diseases are analyzed. The main legislative problems considered in article describe need overcoming difficulties of technical execution of the tender documentation, adoption of the explaining normative legal acts, permissions of questions of the emergency purchase of medications, effective justification of the initial maximum price of the contract, for ensuring competition of purchases. Work is methodological addition to questions of legal regulation of a contract system in health care and matters for the practicing workers. Materials of article can be used by the educational organizations realizing the main educational programs for legal specialties and the directions within development of thematic disciplines and modules and also programs of additional professional education.

This article is devoted to the study of the peculiarities of the legal regulation of labor of workers engaged in the field of air traffic control of civil aviation. The work is intended for students, legal advisers and civil aviation workers. Also, this work is addressed directly to members of civil aviation flight crews, air traffic controllers. Analyzed the most important points of the features of labor regulation of aviation workers of their labor rights and social security.

In this article, the author makes an attempt to conduct a comprehensive legal analysis of the legal norms that enshrine the right of state ownership of the forest in the Decree of April 5, 1918 "On forests". He concludes that the former system of regulation of relations related to the turnover of forest resources was completely abolished, but the Bolsheviks proposed instead their own management system that would meet not only ideological criteria, but also the criteria of efficiency in economic and legal aspects.

Task Challenge the relevance of the work derives from the fact that criminal-law regulatory issues of accounting of mitigating circumstances in sentencing are important in improving governmental responses to dangerous the acts referred to in current russian criminal law as a crime, for the protection of the rights and freedoms of the individual, property, public order, public safety, environment from criminal assault and their prevention. In the work are disclosed having a high level of scientific and practical significance of regulatory problems in the criminal law of accounting extenuating circumstances through the prism of the implementation of the provisions describing the content of the principles of justice and humanism. Based on analysis of problems designed and formulated legislative proposals to improve the art. 62 of the Criminal code, with focus on the specification of accounting rules extenuating circumstances. Conclusions The importance to ensure fairness of punishment is the maximum possible full inclusive account of extenuating circumstances. In the work of the proposal to amend the art. 62 of the Criminal code to include a provision according to which in the presence of mitigating circumstances provided for any item listed in h 1 art. 61 of the Criminal code, or other circumstances not covered by this provision, but accounted court as mitigating circumstances, and in the absence of aggravating circumstances or the size of the punishment may not exceed the maximum period or size 2/3 most strict punishment provided for in the criminal law rule on liability for the committed offence. Practical value Implementation in legislative activities contained in the work proposals for the improvement of criminal legislation would promote uniform jurisprudence, minimize the appeal judicial decisions in connection with the presence of mitigating circumstances not accounted or not fully accounted for sentencing purposes. In addition, the developed legislative nature proposals are oriented at improving the effectiveness of correctional treatment more equitable and humane punishment on the consciousness of man.

The article is devoted to the problem of combating the introduction of prohibited items into the territory of institutions of the penal system and their criminal legal assessment. Particular danger of smuggling of narcotic drugs, psychotropic substances or their analogues, especially when such unlawful activities are engaged in and the prison personnel, which like no other is intended to ensure the rule of law in institutions of the Federal penitentiary service of Russia.

Recently, a lot of counterfeit and substandard products have been observed in the Russian consumer market. That is a real threat to the security and stability of the country. Protection of the rights of the right holder to the means of individualization of goods (works, services) and enterprises can be carried out not only by civil, administrative and legal mechanisms, but also within the framework of the criminal law field. Thus, the article considers and analyzes the legal problems arising in the evaluation and qualification of offences under article 180 of the Criminal Code of the Russian Federation. Also a legal assessment of these contradictions is given. The author analyzes and considers the issue of gaps in the subject of the crime and in some indications of the objective side of the crime. Following the analysis, a number of proposals to improve the content of the studied norms have been made. According to the author, the proposals contained in the article can more effectively influence the reaction of the legislator to modify the considered norms of criminal law.

According to philosophy, the basis of the emergence, development, functioning and structural construction of any phenomenon lies in its objective patterns. The discovery of its relevant patterns is the main task of any science, including legal. In patterns, the content of the right is revealed most deeply, the essence of law, the internal logic of legal reality are directly expressed in them. However, along with the patterns, there were other categories relating to the deep layers of the branches of law, including the criminal. This article continues the cycle of publications on the problem of criminal law patterns by considering the issue of the correlation between the laws of criminal law and such basic industry categories as principles and conceptual beginnings.

The article deals with topical issues related to the use of communication networks and cybernetic methods modern capabilities for conducting cyber intelligence and cyber espionage. The author investigates world trends in the creation of special cyber forces units, the purpose of which is to ensure cybersecurity and conduct cybernetic and information warfare with potential enemy. It is noted that current information technology level with special software use has allowed to "take" information from devices.

This article is based on the materials of a study conducted in correctional institutions of the penitentiary system of the Russian Federation in 2016-2018, in connection with the entry into force of Federal Law No. 323-FZ of July 3, 2016, which provides for the decriminalization of certain minor offenses, and also increase the efficiency of the functioning of the institution of exemption from criminal responsibility of persons who first committed crimes of minor or moderate severity. It was assumed that the implementation of the provisions of this law would entail a reduction in the number of persons held in the institutions of the penitentiary system of the Russian Federation.

The author attempts to argue the introduction by the legislator of criminal liability for failure to report a crime. A number of federal laws obliging both citizens and legal entities to provide certain types of information to the authorities are analyzed. It is concluded, that, despite the elimination of criminal liability for non-reporting in the adoption of the criminal code of 1996, the obligation to inform the authorities has not disappeared from the legislation and the legislator is taking measures to establish interaction between the population and the authorities, in particular, to counter various kinds of offenses. On the basis of all the above-stated, the author substantiates the position of expanding the list of tasks of criminal law.

The article reveals the features of the prosecution function in criminal proceedings. The prosecution is related to the activities of the subjects of the criminal process by the prosecution and is aimed at identifying the perpetrator of the crime and bringing him to justice in accordance with the law. The prosecution is governed not only by procedural rules, but also by material ones. Therefore, the prosecution in the procedural literature is considered in the procedural sense and in the material sense. Each of these types of charges is independent, but they should be considered as a whole, since the charge in the material sense is the object of consideration in the procedural sense.

The article discusses the problem of the lack of a legal mechanism for dismissal of criminal cases of attempted crimes on discretionary grounds and analyzes the legitimacy of the established legal practice for dismissal of criminal cases of attempted crimes against property. The author proposes amendments to the current legislation aimed at its humanization.

Objective: to Consider the importance of the court in law enforcement. The article analyzes the views of various authors on the essence of "justice" or "judicial control" aimed at the observance of rights and freedoms, as well as the interests of both persons brought to criminal responsibility and victims. At the same time, the issue that the court carries out its activities on the basis of criminal procedural legislation and the principles enshrined in the Constitution of the Russian Federation, actively participating in the study of the evidence provided by the parties. Methodology: A systematic method was used to study the axiological role of the court in the criminal process, in conjunction with dialectical, theoretical (analysis, comparison, etc.) and empirical (study of relevant literature, observation, etc.) research methods. Conclusion: the Study shows the prevalence and relevance of the topic of the role of the court among the authors of the criminal process. The author notes the fairness of the opinion that the activity of the court in the study of evidence in the course of the judicial investigation corresponds to the principle of free evaluation of evidence, and assists the judge in the implementation of the constitutional right to justice. Practical value: law Enforcement officers are provided with information about the benefits of activity in the process of judicial investigation. Originality/value: Research on the activity of the court in the investigation of evidence in the judicial investigation, indicates the presence of social value of the role of the court in criminal proceedings.

The necessity of applying the principle of quality management of the use of special knowledge in the activities of Russian law enforcement agencies is substantiated. Using the example of Israeli law enforcement agencies, the peculiarities of applying the principle of quality management when using the special knowledge of a polygraph specialist are considered. It is proposed to introduce three new criteria to the work of the law enforcement agencies of Russia: the quality of the activities of persons with special knowledge; quality criterion of their activities; a set of special principles (totality, continuous improvement of the quality of activity).

The article presents an analysis of the content of the category “legal culture of employees of the internal affairs bodies of the Russian Federation”. The author concludes that at present, not only the legal knowledge of a law enforcement officer and his ability to put them into practice is of particular importance, as well as the ability to fully assess their actions and relate them to the legitimate actions of other subjects of this process. As a promising direction of raising the level of legal culture of employees of the internal affairs bodies of the Russian Federation, legal education is highlighted.

The article discusses the organizational and legal mechanisms for ensuring goal-setting in the Ministry of Internal Affairs for Kabardino-Balkaria, and offers to improve them.

The relevance of the chosen topic is due to the need to specify the categories of victims in cases of fraud committed against socially unprotected citizens, to broadcast the characteristics and inherent unity of their belonging signs that are important for the choice of tactical methods of production of individual investigative actions, including for the convenience of the use of forensic recommendations in the implementation of preliminary investigation. Through the analysis and evaluation of opinions of scientists and developed theories that identified the research topic, the authors make the conclusion about the possibility of associations of older persons and persons with disabilities with persistent loss of certain functions of life support, without prescribing a specific age or disability groups on shared inherent properties of life support.

This article discusses current trends in the legal regulation of information security abroad. The objective of this study is to analyze the international legal framework in the field of legal regulation of information security and to identify the basic principles for constructing these legislative systems. The study applied theoretical and analytical research methods, a review of functioning legal systems in the field of information security. Analysis of international and legal acts in the field of information security indicates the presence of a diverse experience of the legal regulation of information security. In many countries, there are laws that regulate legal relations in the field of information technology. The international experience of law enforcement practice allows apply the experience of these countries in the formation of a system of legal regulation in countries where there is no system of legal regulation of information security. This study allows us to note the positive and negative features of the information security policy in different countries. The practical significance of this work lies in the possibility of its use in improving the system of legal regulation of information security in the Russian Federation.

The article is devoted to one of the most difficult aspects of the Institute of necessary defense - criminal liability for exceeding its limits. The author focuses on some issues of interpretation of the current criminal law governing this institution, in terms of its application in practice to persons who acted in a state of necessary defense, but exceeded its limits. The article takes into account the current explanations of the Plenum of the Supreme Court of the Russian Federation, the positions of scientists, judicial statistics and examples from judicial practice. According to the results of the study, the author formulates conclusions aimed at improving the practice of the Institute of necessary defense. The author notes, in connection with the existing problems of application of the provisions of the criminal code on the necessary defense and other circumstances precluding the crime, the need for publication by the Supreme Court of the Russian Federation of a review of relevant judicial practice. According to the results of the study, the author formulated conclusions aimed at improving the practice of the Institute of necessary defense, justified the need to Supplement the resolution of the Plenum of the Supreme Court of the Russian Federation № 19, proposed a new version of paragraph 14 of the said resolution.

In the presented article, the author analyzes the list of methods for involving minors in criminal activities. The author concludes that the reason for the commission of minors among minors is the informatization of society, as well as the promotion of deviant behavior through the Internet. The same can be said about the crimes of terrorism orientation. Their specificity is that the ideology of terrorism can spread through information technology. The most regular users of the Internet are young people.

The aim of this study is to examine the international legal standards of dual citizenship. Currently, this is an important area for research, as in the scientific community there is no uniformity on the following issues: first, in the perception of the Institute; second, in its definition; third, in the definition of related categories. It is concluded that dual citizenship does not always arise as a result of a purposeful state policy. The reasons for its formation may be objective, independent of the will of the parties. The article analyzes the doctrinal sources, systematizes approaches to the interpretation of dual citizenship. Two main approaches to determining the content of dual citizenship are identified. International agreements concluded by the Russian Federation, as well as international legal standards of dual citizenship of foreign countries (Australia, Belgium, Brazil, great Britain, Greece, Iran, Iraq) are considered. Methodology. Were used General scientific methods: analysis and synthesis, a specially - legal methods: legal methods of modeling and forecasting; and methods of legal interpretation: grammatical, systematic, historical, functional. This explains the peculiarities of the institution of dual citizenship in different States, as well as the legal status of persons with dual citizenship.