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Vol 12, No 5 (2019)

Articles

Pozdravlenie s yubileem

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Gaps in Russian Legislation. 2019;12(5):13
pages 13 views

Once again about lawmaking and its effectiveness: thoughts and ideas

Belikova K.M.

Abstract

This article is the result of reflection, scientific understanding and analysis of the monographic study by M.B. Rumyantsev on the topic “Lawmaking in the Russian Federation”: monograph / M.B. Rumyantsev. (Cheboksary: Publishing house “Sreda”, 2019. - 324 p.). The author investigated the structure and content of this monograph. As a result, its methodology, theoretical and practical significance, main ideas of the author revealed. Thus, the author considered lawmaking as a complex generalizing science, emphasizing the regulatory nature of lawmaking as an institution of social relations and its complex multidimensional nature, which is considered as a process, activity and legal institution. The paper provides a scientific analysis of the principles of lawmaking, social responsibility of law, discusses the types of lawmaking and lawmaking mechanisms. On the basis of the methodology applied by the author, based on the objective and subjective predisposition of the processes and phenomena of the external world general and special research methods were applied; one of the conclusions of this article is made, containing the opinion that the work can be published as a peer-reviewed scientific monograph.
Gaps in Russian Legislation. 2019;12(5):14-17
pages 14-17 views

ANTI-STATE ELEMENTS AND HOSTILE PROPAGANDA IN THE DOGMA OF THE RUSSIAN «HRISTOVERIJA»

Lukyanov S.A.

Abstract

The Aim of the study is to reveal the essence of Russian creed «christopherjessica» sectarianism in part to the presence in the creed of elements of religious extremism in the form of anti-state and anti-social propaganda in pre-revolutionary Russia. The object of the study are the carriers of the above-mentioned creeds - recognized as particularly dangerous in the Russian Empire sect «whips» and «eunuchs». In this regard, the author presents the facts of anti-government activities of «whips» and «eunuchs» in the XVIII - early XX centuries. The subject of the study is the essence and content of the doctrine of «Christ-faith», as well as the negative social phenomena arising in connection with its promotion in the Russian society and the measures taken by state institutions of power and management to neutralize these negative phenomena. In preparing the article the author used historical, historical-legal, formal-legal and comparative legal research methods. Because of this, based on the analysis of a number of sources, the author identified the elements of anti-state and anti-social propaganda in the creeds of the «klystyism and SopCast». The author draws a conclusion about the serious degree of threat to public safety, created as a result of the activities of modern totalitarian cults.
Gaps in Russian Legislation. 2019;12(5):18-22
pages 18-22 views

FORMATION of POLITICAL POLICE FORCES IN the RUSSIAN EMPIRE in the XVIII-th century

Lukyanov S.A.

Abstract

The article aims to reveal the peculiarities of formation of state security bodies in the Russian Empire throughout the XVIII-th century. The object of the study is political police forces of the Russian Empire existing in parallel or superseding sequentially: the Preobrazhenskiy department, the secret Chancellery, the Chancellery of secret crime detection and the secret expedition. The subject of the study is the reference legal basis of the activities of political investigation bodies, their structure, functions, authorities and methods of activity. Within the framework of the research methodology on the basis of a number of materials and sources, the author uses historical and legal, comparative legal and comparative historical methods, analyzes the process of development, formation and functioning of state security bodies in the Russian Empire in the XVIII-th century. The author presents the facts of intelligence and counterintelligence activities of the political police of the Empire. The author draws the conclusion that by the end of the XVIII-th century as a result of a rather complex and contradictory process of evolution the Russian empire had developed the forces whose main function was to ensure state security. However, in order to solve a number of domestic and foreign policy issues arisen by early XIX-th century it was necessary to create fundamentally new institutions of political investigation.
Gaps in Russian Legislation. 2019;12(5):23-26
pages 23-26 views

The role of the POLICE IN ensuring VETERINARY and EPIZOOTIC SURVEILLANCE in RUSSIA in the XVIII-th Century

Tarasova I.A.

Abstract

The article aims to study the characteristics of police force activities of the Russian Empire in the development of veterinary and ensuring veterinary and epizootic surveillance in the eighteenth century. The object of the study is social relations connected with the provision of veterinary and epizootic supervision and development of veterinary science by police bodies in the Russian Empire. The subject of the study is the reference legal basis for the activities of police bodies, their functions, authorities, methods of activity in this area. The analysis of the activities of police agencies in the field of development of veterinary medicine and provision of veterinary and epizootic surveillance in the Russian Empire in the XVIII-th century has been performed with the use of historical and legal, comparative legal and comparative historical methods. On the basis of a number of facts the author demonstrates that ensuring veterinary and epizootic surveillance as well as ensuring sanitary and epidemiological surveillance was one of the police functions in the study period. The duties of police officers in this area were enshrined in a number of regulations. As part of the implementation of these normative acts, which established measures to prevent the spread of epizootics, the police improved their activities in this direction. It has been concluded that by the beginning of the XIX-th century sufficient experience was accumulated to create a system of veterinary and epizootic surveillance in the Russian Empire. However, the creation of this system was hindered by such factors as the lack of medical and veterinary personnel, the lack of specialized veterinary authorities and the national program to combat epizootics. Therefore, the effectiveness of police work was low, measures to prevent the spread of epizootics was limited by, in general, isolation of sick animals from healthy ones, blocking pestholes of epizootics, timely disposal of dead bodies of fallen cattle, measures for the prevention of infection of the population as a result of contact with sick and dead animals.
Gaps in Russian Legislation. 2019;12(5):27-31
pages 27-31 views

TO THE QUESTION OF EMERGENCY POSITION AS A VARIETY OF EXCLUSIVE LEGAL REGIMES

Afzaletdinova G.K.

Abstract

The article analyzes the correlation of public and private interests when imposing a state of emergency (in case of threats to the state’s security: attempts to change the constitutional system of the Russian Federation violently, riots and others), with the aim of achieving a balance in legal regulation and social justice. It justifies the legality and the need for a temporary restriction of the rights and freedoms of citizens affecting private interests. The purpose of this article is the scientific understanding and analysis of the legal means used in the introduction of a state of emergency. The task solved by the author is to determine the nature and identification of signs of the above varieties of legal regimes aimed at protecting public and private interests during the introduction of a state of emergency. The norms of federal legislation, the Decisions of the Constitutional Court of the Russian Federation, containing exceptional regimes, acting as a kind of legal regimes, are analyzed. The author of the article used general scientific and special methods of cognition. A theoretical and legal study of the use of legal means in the introduction of a state of emergency will prevent violations and derogations of the rights and freedoms of man and citizen, and will assist in lawmaking and law enforcement.
Gaps in Russian Legislation. 2019;12(5):32-35
pages 32-35 views

SPECIALIZATION OF THE PRINCIPLES OF THE JUDICIARY IN THE CONSTITUTIONS OF AFRICAN STATES

Treskov A.P.

Abstract

Acting as an integrative constitutional and theoretical category, the principles of the judiciary are the object of constitutional and legal science in terms of substantive interpretation, as well as the specifics of formalization, including in the comparative legal aspect. As a result of this, the subject of the article were the norms of the constitutions of African States. As a summary it is established that in the required constitutions the principles of the organization and activity of judicial power are formalized in special branch and humanitarian sections. The constitutions, which reflect the principles of the judiciary exclusively in special sectoral sections (Comoros, Morocco), include three minimum types of such principles relating to the judicial system, the judiciary and the status of judges. The constitutions, which reflected together the principles of the judiciary in special sectoral and humanitarian sections, are characterized by a variety of ship-building principles as well as basic provisions for judges (côte D'ivoire, Libya, Mauritania, Mali). However, no principles were discovered in their texts, devoted to the proceedings.
Gaps in Russian Legislation. 2019;12(5):36-39
pages 36-39 views

Underestimated doctors - the path to the destruction of the health system (legal aspect)

Belikova K.M.

Abstract

The article is a reflection and a review of the monograph of I.V. Ponkin and A.A. Ponkina «The rights of doctors» (2nd ed. Moscow, GEOTAR-Media, 2019). Based on the subjective-objective predetermination of events and phenomena of the external world the review shows the significance and relevance of this topic. The author investigates the quality of the indicated scientific monograph, shows its structure and its main advantages.
Gaps in Russian Legislation. 2019;12(5):40-41
pages 40-41 views

ABOUT PARTICULAR QUALITIES AND SYSTEM OF RUSSIAN CITIZENS HOUSING RIGHTS

Selivanova E.S.

Abstract

Purpose. Despite the fact that the Housing Code of the Russian Federation defines the housing rights of citizens and the reasons for their occurrence, the scientific literature has not developed a consensus on what rights arising from housing relations regulated by housing legislation are housing rights, what is their legal nature and system. The choice of the form of legal support for housing rights of citizens, the role of state authorities and local self-government in their implementation, as well as mechanisms for distinguishing housing rights from the same legal rights to housing depend on the answers to the questions stated above. In connection with the foregoing, the aim of the study is to identify the characteristics of housing rights of citizens and their systematization. Method. When writing the article, formal logic methods were used - analysis, synthesis, generalization, comparison, and a systematic approach to the study of problems. Results. The article concludes that the housing rights of citizens constitute one of the elements of the housing legal personality of Russian citizens. The specialty of this group of rights that gives them a housing-legal nature and distinguishes them from property, corporate, organizational, administrative, and other relations that are homogeneous in legal nature is the orientation of the state’s will when they are regulated to achieve the goals of the state housing policy, as well as the implementation under legal regulation approach to housing, in the first place, as a social good. The paper proposes to systematize the housing rights of citizens by such a criterion as interest, for the implementation of which citizens enter into a housing relationship. Originality/value. The proposed systematization of housing rights of citizens will allow to determine the main areas of legal regulation of the respective housing relations by the norms of housing legislation, and can also be taken as a basis for the modernization of the structure of housing legislation of the Russian Federation.
Gaps in Russian Legislation. 2019;12(5):42-48
pages 42-48 views

Elimination of gaps in civil legislation through the introduction of the category «digital rights»

Ibragimova J.E., Sidorenko A.I.

Abstract

In the context of global competition in the market of new technologies, forecasting the prospects and risks of legal regulation of public relations is of great importance. The rapid increase in the legislation reflects the accelerating pace of social development. The redistribution of competencies, lowering the level of special norms in the hierarchy of sources of law, the use of regulatory guillotine tools are required. Moreover, social relations should develop harmoniously and efficiently, in a sound regulatory framework. Since the 1990s, the number of scientific articles on the procedure for civil circulation of virtual reality objects (cyberspace) has grown rapidly, ideas from which have passed into the legislation and judicial practice. Emphasis was placed not long time ago only on specific problems. Today legal scholars are discussing the issues of regulating relations on the Internet actively, not only within the framework of individual cases, but also from general philosophical perspective. In discussions about the need to classify digital rights as objects of Russian civil law, the legal community is divided: on the one hand, law is universal for the material world and for cyberspace. On the other hand, from a utilitarian point of view, the presence in the law of a special reference to digital rights will provide a correct guidance for law enforcement and also will accelerate trade by giving a positive signal to investors about the prospects in new markets. At the same time, judicial practice on digital rights is poor, but we can see from it the urgent need for the rapid development of the concept of digital rights in private and public relations.
Gaps in Russian Legislation. 2019;12(5):49-53
pages 49-53 views

ON CIVIL LAW EFFECTS OF INSOLVENCY OF GROUP OF COMPANIES

Akhmetov A.I.

Abstract

Purpose. The aim of this work is to study the institute of insolvency of a group of companies, unknown to the Russian legal tradition. The insolvency (bankruptcy) institution itself is new to the Russian legal tradition and is currently at the stage of formation and active development, which reflects a change in the realities of the economic turnover, which led to the fact that bankruptcy became a logical stage in the development of a legal entity. Meanwhile, the peculiarities of the insolvency of a group of companies remain unresolved in Russian law, which in this respect is based on the classical principles of corporate law: the principles of independence of a legal entity and the limited liability of participants for the debts of the company. Under such circumstances, the study of approaches by foreign law to the problem of regulating the bankruptcy of business groups is particularly relevant. The main research was the work of such foreign experts as I. Mevorach, B. Wessels, I. Blumberg. Findings. According to the author, the principle of limited liability, which arose during the period of the existence of simple corporations as a means of stimulating the investment of individuals, should be applied in accordance with equity considerations and the goals of this institution, as indicated by current trends in the regulation of bankruptcy of business groups. In the context of bankruptcy of a group of companies, the classic principles of limited liability and independence of a legal entity are weakened, for example, the institution of material consolidation, which is a legal remedy for creditors that allows courts to consider their assets as a single property mass when opening bankruptcy proceedings for several members of an entrepreneurial group used in the interests of all creditors of the group. Originality / value. The theoretical significance of the study lies in the justification of the provisions developing the theory of limited liability of corporation participants, its relationship with the interests of creditors in the bankruptcy of a group of companies. The practical significance of the thesis results lies in the possibility of using the findings and recommendations in the process of law enforcement of the courts, in drafting contracts, for educational purposes in the process of teaching courses in civil law.
Gaps in Russian Legislation. 2019;12(5):54-57
pages 54-57 views

CIVIL-LAW FEATURES OF PROTECTION THE RIGHTS OF PARTICIPANTS IN CONTRACTUAL RELATIONS

Magomedov A.M., Abdullaev A.M.

Abstract

The article analyzes the civil-law peculiarities of concluding an agreement on storage and protection of contractual relations arising during storage of large-size goods seized by customs authorities, the procedure for ensuring which is rather ambiguous. It identifies problems arising from the need to ensure special storage conditions for specified goods, at the conclusion of the contract by customs authorities with commercial companies and in situations of loss caused by the custodian. Based on the analysis conducted, the authors propose a number of measures aimed at protecting property interests and eliminating legal gaps, in particular, a legislative initiative for compulsory licensing of custodians is proposed.
Gaps in Russian Legislation. 2019;12(5):58-60
pages 58-60 views

The Problem of Discrimination in the Substitution of the Labor Relations by Civil Law

Papysheva E.S.

Abstract

This article addresses the issue of discrimination in the substitution of the labor relations by civil law. The author comes with a conclusion that the Labor Code of the Russian Federation must be supplemented with a norm which would characterize the deliberate substitution of the labor relations by civil law as discrimination. This should entail the tightening of the employer’s responsibility for the violation of the labor rights of the citizens from administrative responsibility to criminal. The author analyzes the concept of discrimination in order to identify various possible interpretations of this term applicable in different situations. The author discusses the problem of distinguishing between direct and indirect discrimination in order to correlate the situation of labor relations with the theoretical concepts discussed. The author suggests attributing deliberate substitution of civil law relations by the employer to the labor discrimination, supplementing Article 15 of the Labor Code of the Russian Federation with the corresponding norm, which will toughen the responsibility for the violation of the citizen rights from administrative to criminal responsibility, effectively protecting the rights of the workers. In addition, legislative consolidation of this norm will allow, given that criminal cases of crimes under Article 136 of the Criminal Code of the Russian Federation are considered criminal cases of public prosecution, to implement a mechanism to protect employees from discriminatory and repressive actions from the side of the employer and in the absence of an employee’s statement about violation of his rights.
Gaps in Russian Legislation. 2019;12(5):61-64
pages 61-64 views

PRISONS TRUST SOCIETY: OBJECTIVES, STRUCTURE, LEGAL AND ORGANIZATIONAL DIRECTIONS (CHARTER ANALYSIS)

Shurukhnov N.G.

Abstract

The article considers the competence of the Society of Trustees on Prisons, which was in the structure of the Ministry of Internal Affairs under the protection of His Imperial Majesty, who was entrusted with the administration (care) of all places of detention of the civil department of the Russian Empire.
Gaps in Russian Legislation. 2019;12(5):65-69
pages 65-69 views

THE DRAFT OF THE NEW CRIMINAL CODE OF THE RUSSIAN CONFEDERATIONS. COMMON PART. CHAPTER IX. THE PURPOSE OF PUNISHMENT AND A CRIMINAL RECORD

Malinin V.B.

Abstract

This article is a continuation of the series of articles on missile defense the draft of the new Criminal code developed by the author on the basis ofgiven by us "Encyclopedia of criminal law" in 36 volumes, in writing which is attended by more than 300 scientists from Russia and other countries, and the author studies more than 70 foreign codes. Project concept new the code and the first five chapters were published in issues 4,5,6 for 2017 year and 1,2,3 for 2018 of the journal "Library of criminal law and criminologii", the sixth Chapter - in the 2nd room, the seventh - in the 3rd and 4th rooms for 2018 year, the eighth Chapter - in the 1st and 2nd issues for 2019 "Journal of law and economic study". This article is devoted to the ninth Chapter Draft new criminal code. It examines the issues nazna criminal penalties, including new ones.
Gaps in Russian Legislation. 2019;12(5):70-81
pages 70-81 views

On some features of responsibility for a terrorist act and a deliberately false report on an act of terrorism

Borovikov V.B., Borovikova V.V.

Abstract

The article analyzes the issues of liability for a terrorist act (article 205 of the Criminal Code of the Russian Federation) and a deliberately false report on an act of terrorism (article 207 of the Criminal Code of the Russian Federation). The issues of qualification of these crimes are considered, special attention is paid to their distinction between themselves and other related crimes.
Gaps in Russian Legislation. 2019;12(5):82-84
pages 82-84 views

TERRORISM A A THREAT TO NATIONAL SECURITY OF FEDERAL GERMAN REPUBLIC

Serebrennikova A.V., Lebedev M.V.

Abstract

The article discusses the rules providing for criminal liability for terrorism under the criminal law of Germany. The analysis of norms and novels in the field of combating terrorism is given. The purpose of the article: This paper aims to study the legislation of the Federal Republic of Germany, which establishes criminal responsibility for terrorism. The authors aim to analyze the norms of the Criminal Code of the country under consideration on the issue under discussion. Special attention is paid to the analysis of the norms on the creation of a terrorist organization and the criminal community and participation in them, their differentiation is carried out, and corresponding signs are highlighted. Methodology and methods: the article uses a comparative legal method of research, as well as a method of interpreting legal norms that allow a better understanding of the institutions of criminal law and determine the main directions of their development. Conclusions: the problem of studying the experience of foreign countries is relevant for Russian lawyers with the aim of conducting a comparative legal study and the subsequent use of its results in reforming the Criminal Code of our country. Scope of results: this article may be of interest to students of higher educational institutions: bachelors, undergraduates, graduate students studying this area of criminal law, but this material may also be of interest to teachers of law schools, can be used as a guide for the preparation of practical and seminar occupations.
Gaps in Russian Legislation. 2019;12(5):85-88
pages 85-88 views

TERRORISM AS A GLOBAL THREAT AT PRESENT TIMES

Serebrennikova A.V., Lebedev M.V.

Abstract

The article discusses the problems associated with the concept of terrorism as a global threat to national security and to the world community as a whole. Purpose of the article: This paper aims to study terrorism as a global threat of our time. The authors aim to analyze the concept of terrorism as a social and legal phenomenon. The criminal code of the country in question on the problem under discussion. Special attention is paid to the study of statistical data on the current state of terrorist crime, its dynamics. Methodology and methods: the article uses the dialectical and historical method of research, as well as the method of interpreting legal norms that allow a better understanding of the concept of terrorism and a terrorist act. Conclusions: the problem of studying the concept of terrorism is relevant for Russian lawyers in order to conduct social and legal research and then use its results in reforming the Criminal Code of our country. Scope of results: this article may be of interest not only for students of higher educational institutions: bachelors, undergraduates, postgraduates studying this area of criminal law, but this material may be of interest to teachers of law schools, can be used as a guide for the preparation of practical and seminar classes.
Gaps in Russian Legislation. 2019;12(5):89-91
pages 89-91 views

CURRENT STATE INTERNATIONAL COOPERATION IN THE SCOPE OF CRIMINAL PROCEEDINGS

Shkhagapsoyev Z.L., Kanunnikova N.G.

Abstract

The article presents an analysis of modern international cooperation in the field of criminal justice. The author comes to the conclusion that the current state of international cooperation in the field of criminal justice is characterized by the presence of the necessary foundations for conducting this process both within the framework of the activities of international organizations and through dialogue between individual interested states. As a promising direction for improving modern international cooperation in this area, international joint investigations of crimes by the competent authorities of the countries in whose territory transnational or cross-border crimes are committed are highlighted.
Gaps in Russian Legislation. 2019;12(5):92-93
pages 92-93 views

STIMULATING THE POSITIVE BEHAVIOR OF MINORS CONVICTED TO IMPRISONMENT AS A MEANS OF CORRECTIVE ACTION AND THE PREVENTION OF REPEATED CRIMES

Babayan S.L., Gabaraev A.S., Dikopoltsev D.E.

Abstract

The article considers the problem of improving the incentive effect in relation to juvenile sentenced to imprisonment. This is seen as an effective means of corrective action and the prevention of repeated offenses. The authors analyze the law enforcement practice of educational colonies (Educational colonies), in which persons who have committed crimes at a minor age are serving a criminal sentence. The compliance of the domestic penal legislation with international legal standards for minors deprived of their liberty is determined. The effect of the principle of differentiation of the conditions of serving a sentence is shown. Statistics are provided. Based on the results of the study, the authors formulate proposals to amend the penal legislation regarding the application of incentive norms and institutions for juvenile offenders. It is proposed to legislatively regulate the transfer of convicts from educational colonies to a penal colony. It is also possible to reduce the term of serving a sentence of imprisonment in respect of positively characterized persons.
Gaps in Russian Legislation. 2019;12(5):94-98
pages 94-98 views

Issues of combating juvenile delinquency

Tutukov A.Y., Gelyahova L.A.

Abstract

Juvenile delinquency is an integral part of crime in general, but it must be considered from an independent perspective. Effective crime prevention depends, in many respects, on the study of the identity of the offender, in view of the fact that it is the individual who is the main carrier of the causes contributing to the commission of unlawful acts. The psychological characteristics of a significant young person differ from an adult, and this has been the subject of in-depth study for more than a decade. This article has attempted to take a fresh look at the directions of combating juvenile delinquency, taking into account the characteristics of the individual.
Gaps in Russian Legislation. 2019;12(5):99-100
pages 99-100 views

Criminal law characteristics of the riots in terms of ensuring public safety

Tutukov A.Y.

Abstract

Throughout the development of society, there have always been people dissatisfied with the existing system, political and socio-economic situation in one or another territory. People took to the streets and expressed their opinions. Public speeches were not always positive. It so happened that with an increase in the number of participants, aggressiveness also increases, which leads to mass riots. In the article, the author made an attempt to give a criminal law characterization of Art. 212 of the Criminal Code, given the difficulties encountered in determining the composition of this crime.
Gaps in Russian Legislation. 2019;12(5):101-102
pages 101-102 views

To the question of applying an integrated approach to solving criminal law problems

Manukyan A.R., Kankulov A.K.

Abstract

A comprehensive research method is one of the main methodological principles for conducting specific sociological studies. One of the most important areas of scientific research is the improvement of organizational forms and research methods. However, it is worth noting that the methodological development of the principle of complexity is far from complete and perfect. In the article, the authors propose the essential characteristics of an integrated approach that determine the main methodological purpose of this type of knowledge.
Gaps in Russian Legislation. 2019;12(5):103-104
pages 103-104 views

EXPERIENCE OF POST-PENTITENTIONAL RE-SOCIALIZATION OF PERSONS EXEMPTED FROM THE TERRITORIAL AUTHORITIES OF THE FEDERAL PENAL SERVICE OF RUSSIA

Gabaraev A.S.

Abstract

The article discusses the experience of interaction between the institutions of the territorial bodies of the Federal Penitentiary Service of Russia and various subjects of crime prevention to ensure the re-socialization of persons released from prison. The practice of the activities of regional organizations of comprehensive rehabilitation and re-socialization of persons released from places of deprivation of liberty is shown.
Gaps in Russian Legislation. 2019;12(5):105-108
pages 105-108 views

THEORETICAL AND LEGAL ASPECTS OF THE INTERACTION OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA WITH THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN THE FIELD OF CRIME PREVENTION AMONG PRISONERS SENTENCED TO PUNISHMENTS AND OTHER MEASURES OF A CRIMINAL LAW NATURE WITHOUT ISOLATION FROM SOCIETY

Gabaraev A.S.

Abstract

The article discusses the theoretical, organizational and legal foundations of the interaction of the criminal-executive inspections of the Federal Penitentiary Service of Russia and a number of units of the Russian Ministry of Internal Affairs. The joint activity of the two departments for the prevention of crime among convicted prisoners without isolation from society is analyzed. Effective ways to improve this activity are shown.
Gaps in Russian Legislation. 2019;12(5):109-112
pages 109-112 views

CRIMINAL LAW CHARACTERISTICS OF THE ACQUISITION, STORAGE, TRANSPORTATION, PROCESSING FOR THE SALE OR SALE OF KNOWINGLY ILLEGALLY HARVESTED WOOD

Gutieva I.G., Gutaev A.M.

Abstract

The article presents the criminal law characteristics of the acquisition, storage, transportation, processing for the sale or sale of knowingly illegally harvested wood. The authors determined the object, the objective side, the subjects and subjective side of the crime, which is of particular interest in order to distinguish it from other criminal offenses and administrative offenses.
Gaps in Russian Legislation. 2019;12(5):113-114
pages 113-114 views

On the goal-setting of criminal punishment

Kumysheva M.K., Gutieva I.G.

Abstract

Criminal punishment is the most severe reaction of the state to deviant behavior. Given the special role of punishment in limiting the rights and freedoms of citizens, this measure of influence requires not only strict regulation, but also a clear, comprehensively meaningful goal-setting. In this regard, this article is of particular relevance in the modern legal space. The authors give a definition of the goal-setting of criminal punishment according to the practice of its application and the norms of criminal law.
Gaps in Russian Legislation. 2019;12(5):115-116
pages 115-116 views

IMPROVEMENT OF THE LEGISLATION IN THE SPHERE OF COUNTERACTION TO A TURN OF THE PROPERTY ACQUIRED IN THE CRIMINAL WAY

Yakovlev A.V., Klochkova A.L., Abdul-Kadyrov M.R.

Abstract

In article ways of improvement of the legislation in the sphere of counteraction to a turn of the property acquired in the criminal way are offered. Practical and theoretical aspects of need of establishment of criminal liability according to Article 175 of the Criminal Code of the Russian Federation for professional pawnbrokers and also the persons acting in others interest are analyzed. On the basis of the carried-out analysis author's definition of the acquisition and sale which is obviously got in the criminal way which allows to take a broad view of the nature of the studied act more is formulated. The offered short stories are critically estimated in terms of efficiency of practical application and ability to make positive impact on protection of the developed public relations in the sphere of economic activity.
Gaps in Russian Legislation. 2019;12(5):117-120
pages 117-120 views

THE ISSUE OF QUALIFICATION OF FRAUD AND ITS DIFFERENTIATION FROM SOME OTHER RELATED CRIMES

Hutuev V.A., Kashirgov A.K.

Abstract

In order to achieve perfection in the activities of authorized persons of judicial and law enforcement bodies when considering within the competence of the issues of qualification of fraud and its differentiation from other related compositions of socially dangerous acts of property orientation (crimes against property), such as theft, robbery, embezzlement, causing property damage, the method of which are cheating or abuse of trust, this article deals with the qualification of public dangerous act - "Fraud" responsibility for which is provided by article 159 of the Criminal code of the Russian Federation and the key differences of this corpus delicti promoting the correct qualification (differentiation) of the specified types of crimes as causes relevance of the specified subject on which scientific works including are directed and on assistance to practical workers of law enforcement system of Russia in prevention, identification and disclosure of crimes against property. At the same time, the relevance of this topic is associated with a significant annual increase in the number of crimes registered by law enforcement agencies related to fraud and aimed at the criminal acquisition of property or rights to it. In recent years, the criminal legislation of the Russian Federation has been amended with regard to the introduction of new offences, the responsibility for which is provided for in articles 159.1-159.6 of the criminal code, and related to fraud in the field of credit, insurance and computer information, as well as when receiving payments using electronic means of payment[1]. The fact of the growing number of "sub-species" of fraud and related offences, improvement and sophistication of modern scams, job errors, practitioners of the law enforcement unit of the Russian Federation in detecting and investigating such crimes, and not infrequently arise between lawyers disputes about the qualification of the acts in this category, prepared this material. The article is a structured information data for law enforcement officers specializing in the investigation of this category of cases.
Gaps in Russian Legislation. 2019;12(5):121-125
pages 121-125 views

SOME FEATURES OF THE CRIMINAL LAW PROTECTION OF CRIMINAL PROCEEDINGS PARTICIPANTS

Abazov I.S.

Abstract

Criminal law protection of criminal proceedings participants is provided by judicial protection of their rights and freedoms in accordance with the Constitution of Russia. Human rights and freedoms are the primary and main value that is the object of the protection of legal norms, and criminal law norms in particular. Preventing encroachment on criminal proceedings participants’ lives presupposes realization of various kinds of measures, among which the main role in prevention is given to criminal law instruments.
Gaps in Russian Legislation. 2019;12(5):126-128
pages 126-128 views

Shadow economy: historical outline, legal gaps in counteraction

Bondar A.G., Tatarov L.A.

Abstract

The article analyzes the historical background of the emergence and development of public relations in the field of latent business. The uncontrolled spread of the shadow economy phenomenon leads to instability in the financial and economic sector of public policy reducing the effectiveness of the national economy. Analyzing the problems of the shadow economy and developing tools to counteract its negative manifestations researchers divide into two camps. Some consider it necessary to strengthen the activities of law enforcement agencies in this direction, while others consider it expedient to pursue a more liberal business policy.
Gaps in Russian Legislation. 2019;12(5):129-131
pages 129-131 views

Features of the personality of a criminal offender

Gutieva I.G.

Abstract

In connection with the development of criminal law science and criminology, special attention will be paid to the study of the identity of the criminal. The identity of the offender is investigated to reveal the mechanism of criminal behavior; determining the causes of crime and measures to prevent it, etc. The identity of the recidivist is a special topic that requires close attention, due to the special public danger and the harmful consequences of criminal acts. In the article, the author made an attempt to study the main characteristics of the personality of the recidivist, as well as to determine the reasons that contribute to the commission of this category of criminals, socially dangerous acts.
Gaps in Russian Legislation. 2019;12(5):132-133
pages 132-133 views

Anti-corruption in public procurement: the French experience

Sinchurin O.V.

Abstract

The author examined French experience in combating corruption to identify the possibilities of using them in Russia. For now, the critical problem of the fight against corruption in France is a widespread data protection regime and a low level of transparency of public procurement procedures. The French practice of conducting masterclasses and researching specially designed business situations on combating corruption in public procurement seems like a possible mechanism to combat this criminal offence in Russia. The author examined the features of the international investigation of corruption cases in the field of public procurement in the EU. It has been offered the possibility of developing such tools in Russia, and its economic partners are assessed.
Gaps in Russian Legislation. 2019;12(5):134-136
pages 134-136 views

Socio-psychological characteristics of the identity of the criminal terrorist

Fakov A.M.

Abstract

The identity of the criminal is a special subject for the study of criminal law and criminology. In the process of researching the basic personal characteristics of a criminal, it is possible to determine the mechanism of criminal behavior, determine the causes of the crime, establish the grounds and limits of liability, and also determine measures to prevent deviant behavior. At the same time, law enforcement does not pay due attention to the individual characteristics of the personality of the criminal offender, the mechanism for the formation of terrorist motives, ideology and values, which undoubtedly affects the effectiveness of counter-terrorism activities. In this article, the author attempts to study the socio-psychological characteristics of the identity of the criminal offender.
Gaps in Russian Legislation. 2019;12(5):137-138
pages 137-138 views

Problems of suicide commitment in temporary detention centers

Kodzokova L.A., Shigalugova M.K.

Abstract

Among the many problems of temporary detention centers, the prevention of suicide among suspects and accused deserves special attention because of its social significance. Suicide prevention is extremely complex. In many ways, it is difficult due to the low preparedness of employees and the superficial attitude of management to this problem. The article discusses the concept, causes, motives of suicidal behavior of the accused and suspects held in temporary detention centers. The authors provide examples from law enforcement practice, as well as focuses on the prevention of suicide among detainees.
Gaps in Russian Legislation. 2019;12(5):139-140
pages 139-140 views

PREVENTION OF THE SPREAD OF RUSSOPHOBIC IDEAS IN THE NORTH CAUCASUS REGION

Shamaev A.M., Gedugoshev R.R.

Abstract

The current geopolitical situation is characterized by anti-Russian, Russophobe sentiments in the world community. The article identifies the problem that in General is not quite acute at this stage, but in the absence of timely precautionary measures, including preventive ones, it can develop and have a negative impact on the internal political and socio-economic situation in the Russian Federation.
Gaps in Russian Legislation. 2019;12(5):141-143
pages 141-143 views

REGULATION OF LIABILITY FOR THE MURDER OF A NEWBORN CHILD BY A MOTHER AND PROBLEMS OF QUALIFICATION IN CRIMINAL PROCEEDINGS

Abidov R.R., Shogenov A.M.

Abstract

In the article the authors touch upon a burning topic-the murder of a newborn child by a mother, the responsibility for which is provided in article 106 of the criminal code. An attempt is made to identify the problems that complicate the qualification of the crime and to outline some ways to solve them. The authors see the purpose of the presented material in the need to improve criminal proceedings in the context of article 106 of the criminal code. The article may be of interest to both legal theorists and practitioners who face in their work with the qualification of the act under article 106 of the criminal code.
Gaps in Russian Legislation. 2019;12(5):144-146
pages 144-146 views

SPECIFICS OF CRIMES OF CORRUPTION ORIENTATION

Efimenko A.E.

Abstract

Purpose and tasks. Judgment of corruption and corruption crimes began in Russian science relatively recently, leaving until now debatable many terminological aspects, qualification signs of these phenomena. The Russian legislation also does not show uniform approach to their treatment. The purpose and tasks of this article consist in specification of specifics of crimes of corruption orientation in the context of such aspects as typology, structure and dangers of manifestation of different types of acts, the mechanism of realization of corruption crime. Conclusions. The conducted research allowed to define corruption crimes as the multidimensional phenomenon having complex structure and variable manifestations. On the basis of the analysis of standard approaches and studying of scientific sources the main qualifying signs of corruption crimes are systematized and substantially disclosed, their prevalence in the Russian society in the current conditions is studied. Special attention in article is paid to such type of crimes as bribery. Peculiar features of the identity of the criminal committing corruption crimes in the Russian Federation are marked out. Practical value and social consequences. The present article makes a contribution to specification of peculiar features and signs of the corruption crimes (latency, personal characteristics of subject structure, etc.) increasing in the current conditions complexity and variability of criminal actions and ways of leaving from criminal liability. Their accounting in practice will allow to increase production efficiency on similar affairs, identification and disclosure of situations of corruption. The analysis which is carried out by the author also allowed to allocate a number of the gaps existing in the field of legal regulation which elimination will promote further more effective definition of measures of anti-corruption and prevention of this negative phenomenon. Originality. The author reasons inexpediency of use of restrictive approach to interpretation of corruption crimes and their classification and also need of manifestation of system approach to their regulation and determination of specifics in the context of multiple elements, since entering of specifications into the Criminal Code of the Russian Federation, then harmonizing contents at the level of federal acts, departmental documents and recommendations. The author made the proposal on establishment of the exhaustive list of corruption crimes and their classification with a support on the Criminal Code of the Russian Federation system and its sections. Need of leaving from extremely difficult formulations and lists to simpler is proved (differentiation on crimes in social, economic and political spheres) that, according to the author, will allow to simplify process of qualification of corruption crimes.
Gaps in Russian Legislation. 2019;12(5):147-152
pages 147-152 views

The legal consequences of a minor act, evidence of crime

Korsun D.Y.

Abstract

The article proves that the question of legal liability for an insignificant act should be decided differentially. Criminal and administrative liability for its commission is excluded, while civil and disciplinary liability may apply (and at the same time). Such legal regulation of the legal consequences of a minor act does not correspond to the principles of justice. Government response to a less dangerous act (administrative offense) is stricter than a more dangerous minor act, since in the latter case the arsenal of means of influence is limited only to disciplinary and civil liability. To ensure administrative and legal response to insignificant acts, while not going beyond the framework established by the principle of legality, is possible only through the inclusion in the CAO RF of specialized norms providing for administrative responsibility for acts recognized as insignificant on the basis of Part 2 of Art. 14 of the Criminal Code.
Gaps in Russian Legislation. 2019;12(5):153-157
pages 153-157 views

USE OF NON-TRADITIONAL METHODS OF OBTAINING EVIDENCE IN CRIMINAL CASES

Tatarov L.A., Gelyahova L.A.

Abstract

The presented article analyzed the possibilities of using non-traditional methods of obtaining information in evidence in criminal cases. On the basis of an analysis of investigative and judicial practice, the authors identify the improvement of the legislation of the Russian Federation with regard to the detailed regulation of psychophysiological examinations using a polygraph as a promising direction for the development of modern criminal proceedings. The authors also conclude that the use of hypnosis and other achievements of parapsychology, astrology, telepathy and clairvoyance in criminal proceedings are unacceptable.
Gaps in Russian Legislation. 2019;12(5):158-160
pages 158-160 views

International experience in limiting civil rights in special conditions

Gauzhaeva V.A., Safronov D.M.

Abstract

The article discusses questions of limiting the rights and freedoms of a victim, suspect, accused, and other participants in the criminal trial under special conditions on the basis of international experience in solving these problems. It uses an analysis of normative legal sources, scientific and educational literature and a comparative analysis. The construction of criminal procedural relations involves the consolidation in the legislation of various forms of limiting civil rights and freedoms only in relation to persons held accountable. At the same time in special conditions restrictions may concern a wide range of persons in order to ensure their personal safety or the safety of their property and other tasks. The article analyzes the experience of solving these problems in some countries with different legal systems and provides the necessary generalizations and comparisons.
Gaps in Russian Legislation. 2019;12(5):161-163
pages 161-163 views

WAYS OF PROTECTION OF CRIMINAL PROCEEDINGS PARTICIPANTS

Kharzinova V.M.

Abstract

The purpose of this article is to consider ways of protection in criminal proceedings. The reason for writing the article was the lack of a Clear concept of means and methods of protection in criminal proceedings in the criminal procedure code of the Russian Federation. In the procedural literature, these concepts have different meanings. In this regard, sometimes in the procedural literature consider the means and methods of protection as identical concepts. However, they are different in content. With this in mind, this article gives the concept of methods and means of protection, as well as lists what should be attributed to the methods of protection and what to the means. The article can be used in the investigation and consideration of criminal cases. The novelty of this work lies in the fact that it gives some features of the means and methods of protection and the order of their differentiation.
Gaps in Russian Legislation. 2019;12(5):164-167
pages 164-167 views

TO THE QUESTION ABOUT THE QUESTIONING OF JUVENILE SUSPECTS (DEFENDANTS)

Leonova K.I., Novikova E.A., Didenko V.I.

Abstract

The article discusses some features of the interrogation of juvenile suspects (defendants) in the commission of a crime, provides statistical data of criminal attacks committed by minors, offers its own vision of the time limits of the interrogation, provides examples of judicial practice on the participation of legal representatives of juvenile suspects (accused) in the production of investigative action - interrogation.
Gaps in Russian Legislation. 2019;12(5):168-171
pages 168-171 views

Internal factors in the transformation of the judicial system

Timoshenko A.A.

Abstract

A task. The article considers the issue of theoretical development of factors that must be taken into account when planning measures for judicial reform. The author pays special attention to a group of internal factors characterizing the internal structure of the law enforcement system, as well as determining the nature of the relationship of its elements. This approach will allow a broader look at the processes taking place inside the aforementioned bodies, which in many respects inhibit any progressive undertakings of the country's leadership. It should be noted that the terms “transformation” and “judicial and law enforcement activity” used in the article are considered as commonly used to develop tools for implementing a broad judicial reform. Findings. Having examined the extremely general key factors of the transformation of the judicial and law enforcement system, the author came to the conclusion that it is necessary to carry out further scientific research in order to determine the educational level of judges and law enforcement officials, study the criteria for evaluating the effectiveness of their activities, and identify other complex problems that characterize the structure of these bodies. Particular attention should be paid to the ongoing processes of digitalization of the state apparatus. Having studied the financing conditions for law enforcement agencies, it was concluded that there has been a qualitative increase in investments in the organization of the law enforcement system from 2000 to the present. Scientific and practical value. The results of the study conducted by the author can be used to build models of judicial reform as part of a scenario analysis of the development of complex socio-economic systems. Originality. For the first time, taking into account the need to build scenarios for the development of the future judicial reform, the author analyzes the internal factors affecting the implementation of bills aimed at changing the judicial and law enforcement system. It is noted that the structure of this system in itself is a complex factor in its transformation, which should be taken into account when considering any options for changes in the organization of judicial and law enforcement activities.
Gaps in Russian Legislation. 2019;12(5):172-175
pages 172-175 views

SEIZURE IN CRIMINAL PROCEEDINGS: HISTORY AND CURRENT STATE

Abidov R.R., Shogenov A.M.

Abstract

In the present article, the authors, on the basis of a historical digression, analyze the features of the formation and development of such investigative actions as excavation. Pointing to the existing problems that complicate the seizure in criminal proceedings of our time, the authors suggest ways to minimize them, including the correction of article 183 of the criminal procedure code and the addition of article 5 of the criminal procedure code of legislative terminology. The material of the article has a practical orientation and is focused on the improvement of the criminal procedural legislation regulating seizure in criminal proceedings.
Gaps in Russian Legislation. 2019;12(5):176-178
pages 176-178 views

Some aspects of improving legislation in the field of security of participants in Russian criminal proceedings

Isayev A.E.

Abstract

Purpose This paper analyzes certain norms of the Criminal procedure code of the Russian Federation and other normative legal acts regulating various issues related to ensuring the state of protection of subjects of criminal proceedings. The study of these norms in the legislation needs to identify gaps and other shortcomings, with the aim of developing and providing new legal remedies, which can eliminate the drawbacks and to improve the security of participants in criminal proceedings and other persons involved in this field, but does not have a specific procedural status. Methodology In the study, the author used a set of General scientific and private scientific methods of cognition, which include the following: system method, analysis, synthesis, deduction, induction, comparative legal, formal legal and others. Findings The author comes to the conclusion that the separate norms of the legislation of the Russian Federation investigated by him, connected with safety ensuring, have the gaps reducing degree of protection of subjects of criminal proceedings. These gaps can be eliminated by introducing the amendments proposed by the author to the Criminal procedure code of the Russian Federation and other normative legal acts. Originality / value This paper proposes to improve the Russian legislation. The new legal norms developed by the author can be applied by subjects of realization of the right in the sphere of criminal proceedings for increase of level of safety of its participants.
Gaps in Russian Legislation. 2019;12(5):179-182
pages 179-182 views

THE RIGHT OF PARTICIPATION IN THE SCIENTIFIC PROGRESS AND THE USING OF ITS GOODS: PHILOSOPHICAL AND JURIDICAL REFLECTIONS

Khmelevskaya S.A., Zimenkova N.N.

Abstract

The purpose of this article is to show the problems that arise when interpreting and realizing the right to participate in scientific progress and using its goods (benefits), proclaimed in the system of international law and enshrined by the constitutions of a number of countries (the Russian Federation does not apply to them). Among these problems: - the vagueness of juridical formulations expressing the analyzed right, the polysemanticaI of the using concepts, the obvious declarative nature, the lack of proper guarantees for its implementation. Moreover, a number of relevant questions requires of philosophical reflection, namely: what is scientific progress, what are its criteria, mechanisms, how much is it associated with social progress in general? In the article substantiates the idea that the right to participate in scientific progress and using its benefits should be considered as two parts of the regulatory-juridical model of scientific progress, and direct participation in scientific progress is proposed to be interpreted as a guaranteed opportunity for each person to engage in scientific activities in order to freely express themselves, building for the benefit of society, Mankind as a whole, to promoting the development and dissemination of the achievements of scientific progress, strengthen international cooperation in science.
Gaps in Russian Legislation. 2019;12(5):183-188
pages 183-188 views

International legal aspects of gender verification in high performance sports

Mashkova K.V., Borodina M.A., Nikiforov V.V., Medvedev M.V., Suvorov G.N., Zenin S.S.

Abstract

The article addresses the issues of international legal regulation of the problem of gender verification, the feasibility of which is usually justified by the need to ensure fair competition in women's competitions. At present, we can talk about two areas of its implementation: universal, which is implemented by the International Olympic Committee as part of the general idea of protecting pure athletes and supporting them on the playing field and outside it, as well as special, that is, provided by specific sports federations. Raising the question of the legal validity of the documents they accept, the authors note that with regard to the norms contained in the IOC documents, it is determined by the generally recognized authority of the organization and the scope of their application, while the binding rules developed by sports federations follow from the general principles of self-regulation, which involves the submission to similar norms of all participants of a professional association due to the very fact of membership in it. In this case, the main trend of international legal reg The transfer of their final decision from the IOC to the level of federations, which are increasingly under pressure from human rights organizations and the position of the CAS, has made the identification of issues of gender verification in high achievement sports, which makes further legal regulation in this area very undefined.
Gaps in Russian Legislation. 2019;12(5):189-193
pages 189-193 views

International standards for genomic research self-regulation in the context of overcoming intersectoral legal conflictsregulation of professional activity of geneticists

Varlen M.V., Bartsits H.L., Mashkova K.V., Zenin S.S., Uvorov G.N.

Abstract

The article analyzes the international standards of self-regulation and the practice of their application in terms of specific aspects of genomic research. Based on the study, the authors identify priority areas for the application of opportunities for professional self-regulation. It justifies the conclusion that the development of professional guidance that determines the conditions and forms of access to information on genomic research from professional societies of geneticists is an effective way to overcome intersectoral collisions of the normative regulation of professional activity. The thesis that in the provision of genetic counseling services self-regulation opportunities take precedence over the traditional advantages of government regulation is also confirmed, since the legal status of consultants presupposes their independence from government bodies and commercial organizations that directly conduct genomic (laboratory) research.
Gaps in Russian Legislation. 2019;12(5):194-199
pages 194-199 views

Features of legal regulation of prenatal diagnosis procedure in the Federal Republic of Germany

Suvorov G.N., Zenin S.S.

Abstract

The article considers theoretical and practical aspects of the functioning of the mechanism of genetic screening in Germany. It also provides a comparative analysis of prenatal diagnosis with other legal orders and examines the procedure of genetic consultation, which is an integral attribute for the productive implementation of the above methodology. A set of general- and particular-scientific methods was applied in the study, such as, first of all, systemic, statistical, comparative legal, structural and functional, as well as basic general logical methods of cognition. The theoretical part of the study is based on the works of S. Munne, D. Wells, M. Frommel, J. Taupitz, A. Ochsner, and others. The article highlights the peculiarities of legal regulation of the prenatal diagnosis procedure in Germany. According to the results of the study, it was concluded that the legal regulation of genetic screening in Germany is characterized by a balanced and clear regulation of the procedure for its implementation. At the same time, there are certain exceptions to the general rule under which a ban on prenatal diagnostics is imperatively established, and the consent of the person plays a huge role, which limits the full medical freedom of action of the specialist doctor implementing this method. The results of the scientific research consolidated in this article show that the legal regulation of the prenatal diagnosis procedure requires further study.
Gaps in Russian Legislation. 2019;12(5):200-205
pages 200-205 views

PROBLEMS OF INTERNATIONAL REGULATION OF RELATIONSHIPS RELATED TO THE DIAGNOSTICS AND EDITATION OF THE HUMAN GENOM

Vasiliev S.A., Burtsev A.K.

Abstract

The development of public relations related to the use of technologies for the diagnosis and editing of the human genome entails a number of ethical and legal disputes. Law is always at the center of a conflict: on the one hand, it should at least not interfere with scientific development, and on the other, it must ensure and protect human rights. In the world doctrine of recent years, you can find a large amount of literature on the need to introduce various kinds of restrictions for interference in the human genome. With the unconditional need to take into account such concerns, it is necessary to develop reasonable measures to deter the overly ambitious developments of individual doctors. The basic foundations of such activities are laid in international legal regulation, which to a greater extent does not concern Russian reality, but lays the foundation for the development of diagnostics and editing of the human genome.
Gaps in Russian Legislation. 2019;12(5):206-209
pages 206-209 views

TOPICAL ISSUES OF PROTECTION OF STATE SOVEREIGNTY IN THE CONDITIONS OF GLOBALIZATION

Rahmon D.S.

Abstract

The relevance of the research topic, which is devoted to some issues of protecting state sovereignty under globalization, is due to the fact that state sovereignty is influenced by globalization processes. State sovereignty is the basis of the constitutional system of any state. Therefore, the protection of sovereignty is the main task of any state under any conditions, in particular in the context of globalization. Globalization as an integral part of world development has its positive and negative aspects, in particular, it contributes to the strengthening of ties between states, the revitalization of international and non-governmental organizations, international corporations. On the other hand, globalization leads to a transformation of the ideological independence of the state, oblivion of the national values of the legal culture, and has a negative impact on the legal mentality of the people. Based on this, in the era of globalization, it is necessary to timely identify and eliminate the conditions and factors affecting the sovereignty of the state. The following legal measures are significant in solving this problem: a) the right to self-defense; b) voluntary entry into international associations and withdrawal from such associations; c) ratification and denunciation of international agreements; d) the application of sanctions against those that violate national laws; e) ensuring the regime of customs and state borders; f) the use of force and means of special institutions.
Gaps in Russian Legislation. 2019;12(5):210-215
pages 210-215 views

INTERNATIONAL COOPERATION OF PERSIAN-SPEAKING COUNTRIES IN THE FIELD OF CRIMINAL PROCESS

Abdulloev P.S.

Abstract

The article discusses current legal issues of international cooperation of Persian-speaking countries in the field of criminal process. An analysis of the historical, cultural and legal foundations of cooperation between the Persian-speaking states shows the huge potential for the development of integration of the Persian-speaking countries. Even in the ancient world, when there was no division of peoples into nations on the modern territory of Tajikistan, Afghanistan and Iran, one of the oldest right-wing systems operated - the Zoroastrian system. After the Arabs conquered the modern territory of the Persian-speaking countries, a Muslim legal system was established on their territory. The issues of international cooperation in the national criminal procedure legislation and international treaties are investigated. Various types of cooperation of the Persian-speaking countries in the field of the criminal process, including in the framework of international organizations, are given. It is noted that in Tajikistan there is a typical continental criminal process, and in Afghanistan and Iran, as Islamic republics, there is a Muslim criminal process, which is based on Sharia norms. The content, types and hierarchy of normative legal acts of criminal procedure law, normative legal acts of international cooperation in criminal matters in Persian-speaking countries are characterized by considerable diversity, which in some cases does not provide an opportunity for effective cooperation. The legislation of each country has its own characteristics, which are determined by specific economic, social, historical, ethnic, religious and other factors. For the purpose of effective cooperation, it is necessary to study and compare the criminal and criminal procedure laws of the Persian-speaking countries, and international cooperation between the Persian-speaking countries should be based on goodwill, friendly relations, cultural and historical relations, and good neighborliness. The author comes to the conclusion that new international treaties between the Persian-speaking states on certain types of international cooperation in the field of criminal procedure are necessary. The idea of developing and improving national criminal law, as well as the effectiveness of actions aimed at solving this issue, is proposed.
Gaps in Russian Legislation. 2019;12(5):216-221
pages 216-221 views

Countering Information Terrorist Threats as an Important Direction of National Security of the State

Shkhagapsoyev Z.L., Tarchokov B.A.

Abstract

For modern Russia, the problem of information terrorism is quite a pressing issue, given that information, its collection, processing, transfer and storage have an extraordinary impact on political, social and spiritual life. In addition, information capacity has become such an effective tool for achieving the criminal objectives of powerful structures that threaten the national security of the State that it requires increased efforts and improved mechanisms to counter it. The main purpose of terrorism, as is known, is to achieve a wide public resonance and that it be learned (heard) as much as possible by the "people" and, of course, by the authorities - against whom threats and attacks are directed. As a result, there is a sense of fear and insecurity among the masses, and many are generally prone to panic, which inevitably leads to a loss of confidence in power, resulting in political instability. However, information terrorism has a special ability to influence public authorities through the use of communications to achieve its criminal objectives.
Gaps in Russian Legislation. 2019;12(5):222-224
pages 222-224 views

ABOUT SOME ISSUES OF LEGAL PROTECTION OF EMPLOYEES OF INTERNAL AFFAIRS BODIES

Makoeva E.R.

Abstract

The author of the article gives the author’s definition of human rights and freedoms, and also dwells in more detail on the definition of the concepts of “social protection” and “legal protection”. Attempts on the life and health of law enforcement officials become, according to the author, the paramount task, both for our society and for humanity as a whole. The material systematized in the article allowed the author to assert that law enforcement agencies act as a guarantor of the strength of public relations in the state, and also guarantee the security of an individual citizen. The author considers that the use of violence against a police officer is a multi-faceted violent crime. The author also emphasizes that one of the significant directions of development was the increase in the social danger of this type of crime, which is determined by the general increase in the activity of extremism, as well as the widespread use of especially dangerous forms and methods of violence. In conclusion, the author concludes that the social, spiritual economic development of the population of our country is becoming one of the priority areas for regulating the criminal situation in general (namely, with regards to a law enforcement officer exposed to violence).
Gaps in Russian Legislation. 2019;12(5):225-227
pages 225-227 views

SOME FACTORS OF WARNING AND CRIMINING CRIMES OF THE DISSEMINATION OF IDEAS OF RELIGIOUS EXTREMISM

Aripshev A.M.

Abstract

The religious factor as a dynamic system of religious and philosophical views is the main condition for the functioning of religious organizations. This article discusses a global problem that requires coordination of efforts of various states at the present stage is the fight against terrorism and religious and political extremism, which is becoming transnational in nature today [1]. As well as the theoretical aspects of the emergence and development of extremism are considered as two groups of factors affecting the development of modern religious fundamentalism. The first group refers to social being: the dysfunctional political, economic, environmental situation of most countries of the world causes fear of the future and creates uncertainty. The second group of reasons to relate to the spiritual sphere of society. A common understanding of the importance of counter-propaganda, especially in a modern format, is needed. In our opinion, it is necessary to lay funds in the budget for the training and education of specialists.
Gaps in Russian Legislation. 2019;12(5):228-230
pages 228-230 views

PROSECUTORIAL OVERSIGHT OF THE ACTIVITIES OF THE POLICE

Kodzokova L.A.

Abstract

In connection with the ongoing reforms and regular amendments to the regulatory legal acts regulating the activities of the police, there is a need to organize and carry out high-level effective prosecutorial supervision, since the organization of the prosecutor's office and the police is the basis for strengthening law and order and security. The author in the article considers the concept and tasks of prosecutorial oversight of the activities of the police, analyzes the results of its implementation for 2018 - 2019 using the example of the Kabardino-Balkarian Republic and identifies priority areas for the interaction of these departments.
Gaps in Russian Legislation. 2019;12(5):231-232
pages 231-232 views

Actual problems and features of the legal regulation of the protection of personal data in the Russian Federation

Zhukov A.Z.

Abstract

This article is devoted to urgent problems and features of the regulatory legal framework for the protection of personal data in the Russian Federation. A review and analysis of the functioning regulatory framework for the regulation of personal data in Russia is presented. Particular attention is required to the specifics of processing, storage and protection of personal data in the Ministry of the Interior. This topic seems relevant, since the personal data of individuals are classified as the most sensitive information requiring special measures of legal, technical and organizational protection.
Gaps in Russian Legislation. 2019;12(5):233-236
pages 233-236 views

The lawyer as the applicant in the constitutional proceedings (based on the practice of the Constitutional Court)

Didyk E.M.

Abstract

The author set the task of studying the status of a lawyer not as a representative in the Constitutional Court of the Russian Federation, which is usually analyzed in the articles on the role of a lawyer in the constitutional court, but as an applicant to the Constitutional Court of the Russian Federation. In this perspective, the status of the lawyer has not been previously analyzed. Based on the study of lawyers 'complaints and decisions on these complaints of the Constitutional Court of the Russian Federation, the author classified these complaints and came to the conclusion that, firstly, in some cases, the Constitutional Court considers lawyers' complaints in defense of the rights of others; secondly, while defending their professional rights in the Constitutional Court, lawyers protect the constitutional rights of their clients. This article is of scientific importance for the study of the status of a lawyer, and the practical use of lawyers in order to improve their professional knowledge and skills
Gaps in Russian Legislation. 2019;12(5):237-243
pages 237-243 views

CURRENT ISSUES OF CREATING AND IMPLEMENTING THE ACTIVITIES OF THE NATIONAL GUARD OF NEAR FOREIGN COUNTRIES: ANALYSIS AND COMPARISON

Garnik L.Y.

Abstract

Purpose The aim of the study is to develop the basic provisions that create the prerequisites for the formation and functioning of the national guard of foreign countries in the post-Soviet space. The article analyzes the main approaches of the states to the solution of the issue of the protection of the rights and freedoms of a person and citizen. It is noted that the strengthening of public security is today a significant and important issue related to the sovereignty and stability of any state, which forces many countries to think about creating special services in the territory of their powers and to determine the direction of their activities. Methodology When writing the article, the author used formal legal, comparative legal methods, which allowed to identify problematic issues of the organizational and legal status of units of the National Guard of the countries of the Commonwealth of Independent States, to clarify their powers and legislative framework. Findings Considering the creation and direction of the national guard units of neighboring countries, the author comes to the conclusion that the national guard units of the countries studied are mainly carried out by militarized units with the authority to protect national security in this area, but their experience in creating and the direction of activity is for our country both theoretically and practically significant and requires further reflection.
Gaps in Russian Legislation. 2019;12(5):244-246
pages 244-246 views

Information terrorism - as one of the types of terrorist threats in the globalized information space

Lyuev T.K.

Abstract

This article discusses current issues regarding the growing role of information terrorism as one of the most dangerous types of terrorist threats in the context of globalization and the intensive development of communication networks. The main objective of this study is to analyze the emerging problems in the field of information security in modern conditions, the psychological impact of terrorist Internet ideologists on groups of people and individuals, the main methods and techniques used by recruiters of terrorist organizations on social networks, the main ways terrorist organizations use their activities of the global Internet, as well as the most effective measures to neutralize and list threats, original and logically sound conclusions are proposed that may have practical application.
Gaps in Russian Legislation. 2019;12(5):247-249
pages 247-249 views

Management by objectives as a technology of goal-oriented organization of processes

Kudryavtseva A.A.

Abstract

The author conducts a dissertation research for the degree of candidate of legal sciences on the topic of project and program-targeted management of internal affairs bodies to achieve socially significant results, the article presents some results of the theoretical stage of the study. The article discusses the approaches of various authors to the concept, essence, genesis of the emergence and practical implementation in the public sector by different countries of management theory based on the results (goals) to achieve the social significance of their activities. In the end, conclusions are drawn on the appropriateness of applying this concept.
Gaps in Russian Legislation. 2019;12(5):250-253
pages 250-253 views

Information and analytical work in the organization of prosecutorial supervision of the implementation of laws in the reception, registration and resolution of reports of crimes

Bajtemirov K.B.

Abstract

The study is due to the search for ways and methods to effectively solve the problem of objective reflection of crimes in criminal statistics in order to improve prosecutorial supervision of the implementation of laws. Achieving this goal largely determines the improvement of the organization of prosecutorial supervision, in which information and analytical work is an important element. The main conclusion of the study is that the flaws contained in the records documenting the crimes are repeatable in nature and can be typologized. The publication proposes a classification of typical shortcomings, which can be used in the practice of prosecutorial supervision in order to increase the efficiency of the organization of the prosecutor’s office, whose function is to correctly determine the priorities of supervision and its priority tasks, and, therefore, help to identify violations of the law. Prosecutors can use the developed classification in informational and analytical work on accounting for violations of laws when receiving, registering and resolving reports of crimes.
Gaps in Russian Legislation. 2019;12(5):254-256
pages 254-256 views

THE PRELIMINARY STAGE OF INVESTIGATION OF CRIMES: BY WAY OF RAISING AND DISCUSSING ISSUES

Shurukhnov N.G.

Abstract

In the article, based on the analysis of the variety of means of the stage of initiation of criminal proceedings, the problem of inclusion in the system of investigation of the preliminary stage is discussed. Its goals, content, specifics of the tasks to be solved, subjects of implementation, purpose are given
Gaps in Russian Legislation. 2019;12(5):257-260
pages 257-260 views

Using the method of verbal portrait in the professional activities of the police

Shkhagapsoyev Z.L., Gauzhaeva V.A.

Abstract

This article is devoted to the analysis of the formation, establishment and description of signs of appearance in the framework of the verbal portrait. The methods used were the study of legal acts and procedural documents, comparative analysis, experiment. The significance of the rules for compiling descriptions using the verbal portrait method is to bring such descriptions to uniformity for the purposes of searching and identifying, identifying and identifying individuals, registering and conducting expert research, when checking statements and reports of crimes and identifying those involved in their commission.
Gaps in Russian Legislation. 2019;12(5):261-263
pages 261-263 views

Methods of partial falsification of documents and their identification

Berova J.M., Gauzhaeva V.A.

Abstract

This article is devoted to the analysis of methods of partial forgery of documents, signs indicating the use of a particular method and the possibility of their detection in the framework of document inspection and preliminary research. The methods of studying were the regulatory legal acts governing the conduct of preliminary research, procedural documents, including a description of documents with signs of forgery, a comparative analysis. Studying ways to detect signs of forgery without the use of special equipment will make it possible to qualitatively improve the activities of police officers who verify documents in terms of determining whether there are grounds for detaining a person and seizing documents, and eliminate violations of the law in this area due to insufficient knowledge.
Gaps in Russian Legislation. 2019;12(5):264-266
pages 264-266 views

Forensic problems of detecting corruption crimes in the field of procurement of goods, works and services to ensure state and municipal needs

Chelak A.V., Gaskarov I.F.

Abstract

The reason for writing this article is the deterioration in the quality of law enforcement practice related to the problems of detecting corruption crimes in the procurement of goods, works and services to ensure state and municipal needs. The purpose of this paper is to identify and systematize the problems of science and law enforcement practice related to the identification of procurement crimes, as well as making scientifically sound proposals for solving these problems. Results. The authors note an increase in the general level of corruption in the Russian Federation, citing statistical information on the level of corruption crime and the volume of purchases. The main procurement stages that are vulnerable to corruption manifestations are identified, the signs characteristic of each of the stages are determined. Based on the questionnaire conducted, problems are identified and systematized that are complex in nature, arising from the receipt of primary information about an upcoming or ongoing crime. The authors connect the identified problems with the latency of the crimes, the inadequate quality of the pre-investigation checks, the ambiguous approach of law enforcement to the qualification of the relevant crimes. Indications of the high quality of the material collected before the investigation are indicated. The necessity of using the method of forensic analysis in identifying the analyzed crimes is substantiated. Originality / value. The conclusions formulated according to the results of the study and the proposed solutions to the problems identified can help to improve the quality of pre-investigative checks and coordination of law enforcement agencies in identifying and combating procurement crimes. The novelty of the study lies in the authors' approach to the forensic problems of identifying corruption crimes in the field of procurement and proposing original ways to solve them.
Gaps in Russian Legislation. 2019;12(5):267-271
pages 267-271 views

IDENTIFYING AND DOCUMENTING CRIMES RELATED TO THE NON-CONTACT MANNER SALE OF NARCOTIC DRUGS

Lyuev T.K.

Abstract

This article discusses some of the problems that arise when identifying and documenting crimes related to the sale of narcotic drugs and psychotropic substances in a non-contact manner. The main objective of the study is to consider emerging issues in the field of application of criminal law and operational search methods in identifying this category of crimes and develop practical proposals in order to form effective legal mechanisms to curb them. Recommendations are given on the methodology for detecting and combating crimes provided for in article 228.1 of the Criminal Code of the Russian Federation, the main stages and the procedure for documenting the facts of criminal activity related to the contactless sale of drugs, including organized criminal groups, are examined.
Gaps in Russian Legislation. 2019;12(5):272-275
pages 272-275 views

Features of administrative and legal means of implementation and protection of the rights of minors

Volkov P.A., Demchenko N.V., Belsky A.I.

Abstract

The article discusses the features of administrative and legal means of implementation and protection of the rights of minors, as well as a set of legal instruments and phenomena characterized by imperative and preventive orientation in the framework of regulation of public relations to protect the rights and legitimate interests of minors.
Gaps in Russian Legislation. 2019;12(5):276-279
pages 276-279 views

APPEALING FINES FOR ADMINISTRATIVE RESPONSIBILITY IN THE FIELD OF TRAFFIC

Kodzokova L.A.

Abstract

The rules of legal regulation of administrative responsibility in the field of traffic are constantly changing. They are so significant that they cannot be perceived without an interpretation of their basic elements. The article reflects the main problems that arise when appealing fines. Considerable attention is paid to the identification and analysis of the most common mistakes made by officials in the consideration of this category of cases. The author made an attempt to analyze the procedure for appealing fines for administrative offenses in the field of traffic, to identify the problem points of this process and to point out gaps in the legislation for further improvement of law enforcement practice.
Gaps in Russian Legislation. 2019;12(5):280-281
pages 280-281 views

LEGAL NATURE AND THE ESSENCE OF THE ADMINISTRATIVE CONTRACT

Bodgayev J.B.

Abstract

The author analyses the legal nature and essence of the administrative contract as a relevant tool for building relations in the sphere of public administration in order to develop doctrinal provisions for the development and improvement of this legal institution. The author comes to conclusions about the possibility to reassess in a new way the legal possibilities of the administrative contract in terms of achieving socially significant, public effects in the general context of the reform of the system of public administration.
Gaps in Russian Legislation. 2019;12(5):282-283
pages 282-283 views

Public and private interest’s consistence as a principle of federal executive bodies activity

Ermakov A.O.

Abstract

Problem. The relevance of the topic is due to the fact that while being representatives of public interests in various spheres of economy, health and security, executive bodies do not take into account that these areas are also covered by the interests of individuals. Based on provisions of the law and the positions of scientists, the author shows that such a relationship leads to the strengthening of executive authority’s role and limits private initiative. Conclusions and proposals. As an alternative, the author considers an approach involving the coordination of public and private interests in the activities of the executive authorities, concludes that the positive institutions of administrative law contribute such an implementation and proposes to consolidate this approach as one of the functional principles of the Executive. The novelty of the work is that the positive institutions of administrative law were not previously considered from these positions.
Gaps in Russian Legislation. 2019;12(5):284-287
pages 284-287 views

LEGAL REGULATION OF NOTARY ORGANIZATION IN THE RUSSIAN FEDERATION: FEDERAL AND REGIONAL APPROACH

Ishmukhametov R.A.

Abstract

The article is devoted to the analysis of the legislative basis for regulating the organization and activity of notaries in modern Russia. Taking into account Clause "l" of Article 72 of the Constitution of the Russian Federation, which establishes that a notary is the subject of joint jurisdiction of the Russian Federation and its subjects, the author has studied the normative legal acts of the federal and regional levels aimed at the settlement of a notary in the conditions of modern Russian federalism; Different approaches of regional legislators in the issue under study have been identified, and it has been concluded that an approach is undesirable, according to which in a number of subjects of the Russian Federation notary issues are regulated in a fragmented manner, at the level of by-laws.
Gaps in Russian Legislation. 2019;12(5):288-291
pages 288-291 views

MILITARY COURTS IN THE SYSTEM OF THE ADMINISTRATIVE JURISDICTION

Tsybanev A.V.

Abstract

The article is devoted to the study of the problems of the status of military courts in the system of subjects of administrative jurisdiction.
Gaps in Russian Legislation. 2019;12(5):292-296
pages 292-296 views

Review monograph: Volos A. A., Volos E. P. «The Weak side in the civil relationship: comparative legal research»

Pavlyuk A.V.

Abstract

In 2019 the monograph was published in the publishing house "Prospect" (authors are A. Volos and E. Volos). It is devoted to the study of the weak party in civil relation on the comparative law aspect. The theme proposed by the authors is relevant both in theoretical and practical aspects. The theoretical significance of the research is that the authors offer a systematic understanding of the essence of the weak party in the legal relation, its features, the mechanism law implementation rights of the weak party protection. The authors successfully managed to solve the purposes of the study. This monograph could be useful for researchers and lawyers, law students and others who interested in problems of protecting the rights and legitimate interests of the weak party in civil law relation.
Gaps in Russian Legislation. 2019;12(5):297-298
pages 297-298 views

The Peasant Question during the Civil War (comparative analysis of legislative acts)

Krasilnikov T.S.

Abstract

The presented article is devoted to land reform, which in the history of our legislation was marked as the "peasant question". The article discusses the problem of land reform and provides a comparative analysis of legislative acts on the land of the Soviet and “white” governments during the years of the Civil War of 1918-1920. A historical digression of the analysis on this issue indicates a poorly studied topic in the framework of the historical and legal study of legislative transformation in Russia. The article identifies and analyzes the historical prerequisites and subsequent possibilities for resolving the "peasant issue" based on the legislation available at that time and the consequences of the peasant reform of 1861, which provided for a limited allotment of land to peasants, which, with the exception of a small allotment, was provided to peasants by paying redemption payments for 49 years, which additionally imposed a burden on peasant farms. The author analyzes the historical and legal trends in the development of land legislation. Particular attention is paid to the Land Decree, which met the requirements of the Marxist ideology on the elimination of private ownership of land, contained the beginnings that allowed the Bolshevik Party (Communist Party) to pursue an economic policy in the field of land relations in the interests of building socialism, focusing on the creation of collective forms housekeeping. In the article, the main problem of the "peasant question" is characterized by a weak study at the theoretical and practical level of normative support for the period after the events of October 1917. The analysis will provide an opportunity for the further development of theoretically sound conclusions and the expansion of the theoretical basis for further historical and legal research. The practical significance of the study, namely, the explanation of the difficulty of resolving issues of legal regulation with the land, is due to the possibility of applying the obtained results in the practice of historical assessment and accounting of consequences and in the educational process.
Gaps in Russian Legislation. 2019;12(5):299-303
pages 299-303 views

The sphere of housing and communal services as an object of criminological study

Bystrova J.V.

Abstract

This article is devoted to the urgent problem of crime in the field of housing and communal services. The article describes in detail the characteristic of housing and communal services from the point of view of economic and legal analysis, and also analyzes the specific features of the criminological and victimological approaches in studying the modern sphere of housing and communal services. The article identifies and analyzes the inalienable elements of the modern sphere of housing and communal services, which include the following independent sectors: among which the housing and utilities complex, consisting of the housing stock, which is a combination of all residential premises regardless of the form of ownership, including residential buildings, stands out specialized houses (dormitories, houses of maneuvering fund, orphanages, shelters, boarding schools), apartments, office premises and other premises in other Swarming, suitable for living. It is these objects that are the subject of study in this article. The author analyzes the factors that significantly hamper the development of this sector of the economy in the modern period, the main of which is its criminalization, which allows it to be attributed to the group of highly risky (in terms of criminal threats) industries. The analysis allows us to conclude that one of the unfavorable trends in the implementation of activities to combat crimes in the field of housing and communal services is a possible increase in the number of the following types of crimes: crimes against property (fraud, embezzlement or misappropriation, etc.); crimes in the field of economic activity (tax evasion, illegal banking, malicious evasion of paying payables, etc.); crimes against public service or service in local governments (abuse and abuse of power, misuse of budget funds, etc.).
Gaps in Russian Legislation. 2019;12(5):304-307
pages 304-307 views

THE ROLE OF CITIZENS, PUBLIC ORGANIZATIONS AND ASSOCIATIONS IN LAW ENFORCEMENT AT THE PRESENT STAGE

Taova L.Y.

Abstract

Public order in the state largely depends on the interaction of the police with the population, public organizations, as well as with the media. The author emphasizes that police officers are a special link in maintaining law and order. However, it should be borne in mind that the help of the population is very important. With the help of people, the police achieve results faster and more efficiently. Thus, the article determines the relevance and effectiveness of citizen participation in law enforcement in the Russian Federation.
Gaps in Russian Legislation. 2019;12(5):308-309
pages 308-309 views

Some peculiarities of civilian weapons circulation control by the law enforcement agencies of the Russian Federation

Ordokov M.K.

Abstract

Nowadays in our country there is a tendency of systematic appearing in mass media of the news about crimes committed with the firearms use. Unfortunately, such kind of crimes takes place, more and more causing public outcry. Very often criminals use not only factory guns, but also different kinds of their «alterations». We can refer to them the so called handicraft gun with partial replacement of parts or mechanisms, or homemade weapons - completely made in the «garage» conditions. The author highlights some questions on prevention the illegal civilian weapons circulation. The article particularly contains specific recommendations on holding certain prophylactic events by the law enforcement agencies.
Gaps in Russian Legislation. 2019;12(5):310-312
pages 310-312 views

FUNCTIONS OF LAW IN THE CONTEXT OF DEVELOPMENT OF THE MODERN WORLD COMMUNITY AND THE RUSSIAN STATE

Alokova M.K.

Abstract

This article analyzes the functions of law in the context of the development of the modern world community and the Russian state. The author comes to the conclusion that at present special legal functions of law are acquiring special significance, namely: regulatory and protective. At the same time, the need for their balance taking into account the development of the modern world community and the Russian state is noted.
Gaps in Russian Legislation. 2019;12(5):313-314
pages 313-314 views

FEATURES OF THE ORGANIZATION OF A TERRORIST COMMUNITY: CURRENT ISSUES OF LAW ENFORCEMENT

Urumov A.V., Kankulov A.K.

Abstract

The Criminal Code of the Russian Federation provides for responsibility for creating a terrorist community.However, the law does not provide for the creation of a terrorist community with the aim of committing a crime under Art. 205 of the Criminal Code. This is essential for law enforcement.In this regard, the article analyzes the norms of Articles205.4 and 205.5 of the Criminal Code of the Russian Federation, on the basis of which a conclusion is drawn about the competition of criminal law norms. The authors pro-pose the introduction of significant changes to the criminal law in this area.
Gaps in Russian Legislation. 2019;12(5):315-316
pages 315-316 views

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