Том 13, № 2 (2020)

The article considers the theoretical and legal aspects of the definition of the concept of «departmental lawmaking» and its practical significance. The article also describes the problems of departmental rule-making, identifies and analyzes the manifestations and causes of these problems, suggests possible options to resolve them.

The article analyzes the state-power powers of the Central Election Commission of the Russian Federation. The researcher notes the most important of them aimed at forming a centralized system of election commissions. The author identifies particularly important powers and proposes measures to improve regulatory legal acts. All of the above, the researcher allows not only to present the right of legislative initiative for the Central Election Commission of the Russian Federation, but also allows parliamentary control over the activities of the main subject of state administration of the electoral process. The proposed changes make it possible to create a balance of state-power powers in the interests of citizens who exercise their voting rights.

The article examines the content of the legal regulation of public relations in the sphere of economics, in general, and in the field of entrepreneurship, in particular, as the subject of such regulation, determines the ratio of the last two categories, gives their concepts. The purpose of the study is to identify and solve such tasks as: analysis of scientific research materials and legal regulation of entrepreneurial activity, as the independence of carrying out activities in the forms specified by the legislator, the risk of the business entity, as well as focus, the purpose of the activity, consisting in systematic receipt of profit. Based on the study, the author concludes that entrepreneurial activity is subject to protection, including criminal law, at various stages of its implementation, in particular, during registration and licensing, where the relationship is public law. The implementation of entrepreneurial activity is the subject of legal relations, where the subjects are the entrepreneurs themselves, as well as the entrepreneurs and their counterparties, which are not, in particular, persons purchasing goods or services that are a party to the contract for the performance of work, the creditors of the entrepreneur etc.

The article discusses the conditions for a balance of interests in civil law in general, as well as in the exercise of real estate interest, in particular. The purpose of the study is to reveal such conditions, highlight their features and isolate the problems faced by subjects of civil relations in the exercise of their interests in a situation of balance or imbalance. There are two levels of conditions in the structure of the study: legislative and individual, expressed through the principle of autonomy of the will of the parties. The results describe the specifics of the conditions for a balance of interests at these levels, the procedure of their interaction and the possible legal effect.

In the framework of the scientific article, the author considers the organizational and legal basis of state financial control. As noted in the paper, the purpose of the study was to provide an integrated review of the implementation of state financial control, the features of its legal regulation. In the article, the author analyzes the main normative legal acts, laws and bylaws that determine the order of organization and implementation of state control in the field of Finance. The author of the presented research offers a variety of classification of state financial control on various grounds, including: the principle of separation of powers, the method of creating bodies, the scope of authority of state bodies, the breadth of competence of control bodies, the way to solve issues. The scientific article analyzes the status, powers and features of the functioning of state authorities. Based on the analysis of various approaches that have developed both in theory and in practice, the author comes to the conclusion that state financial control is carried out by such entities as: Federal legislative authorities (representative), legislative (representative) authorities of subjects, Federal Executive authorities, Executive authorities of subjects of the Russian Federation, local self-government bodies, a specially authorized subject of power that is not related to any of the branches of government by the Constitution of the Russian Federation. As part of the research, the author comes to the conclusion that the system of state financial control bodies, as well as the acts regulating its execution procedure, is very extensive and dynamic, and at the moment there are different points of view to understanding what forms its organizational and legal basis.

The article analyzes the main trends of modern financial crime and criminal law policy to counter it. Purpose of the article: This paper aims to investigate the current legal and regulatory acts, including those regulating criminal liability for crimes in the financial sphere. Analyze financial crime based on statistical data in this area and make appropriate conclusions necessary for the science and practice of law enforcement. Methodology and methods: The article uses General scientific methods of analysis, synthesis, deduction, induction, as well as the method of interpretation of legal norms, which allow us to identify and disclose the problems, as well as solve specific research tasks set by us. Conclusions: In the results of the presented research, the author concludes that the most serious challenges of modern financial crime are fraud using payment (plastic) cards, as well as theft committed directly by managers and employees of financial and credit institutions. The presented article does not pretend to solve all the debatable problems in this area, but rather attracts the attention of legal scholars, exacerbating the theoretical postulates. Scope of the results: This article may be of interest to students of higher educational institutions: bachelors, undergraduates, postgraduates and all researchers interested in this issue.

Prison crime is a common occurrence. However, there is not enough literature on this issue. The article analyzes the causes and conditions of crime in institutions and bodies of the penal system. The author substantiates that the determinants of penal crime are predetermined by factors producing crime in general, while revealing the reasons due to the specifics of this type of crime. The public danger of penal crime is great because those who commit crimes while serving their sentences represent a serious danger due to the impossibility of their correction and successful resocialization in the future. The author suggests possible directions for crime prevention in correctional institutions.

Terrorism affects the national security of most states. Particularly effective is the interaction of state bodies and organizations of an anti-terrorist orientation. The purpose of the study is to analyze international, foreign and Russian legislation and law enforcement materials on interagency cooperation in considering crimes of a terrorist nature identify problems in this area and develop proposals for improving international and state mechanisms to counter terrorism. The purpose of the study is to analyze international, foreign and Russian legislation and law enforcement materials on interagency cooperation in considering crimes of a terrorist nature identify problems in this area and develop proposals for improving international and state mechanisms to counter terrorism.

The article deals with problematic issues of law enforcement practice in the execution of criminal penalties in the form of deprivation of the right to hold certain positions or engage in certain activities. Statistical data are analyzed, shortcomings and contradictions in the legislative regulation are shown, and suggestions are made to improve the organization of execution of this type of punishment.

The article provides a comparative analysis of the situation of departmental regulatory legal acts of the Ministry of Internal Affairs of Russia on the organization of physical training for employees of internal affairs bodies. The specified analysis is carried out within the framework of the paradigm of psychological causality. The authors make a number of suggestions for improving this work.

This article analyzes the criminal liability for tax evasion by organizations and individuals in the Russian Federation. Customs payments are of great importance for the budget system of the Russian Federation. In this regard, control measures designed to protect the legislation on taxes and fees from illegal encroachments are of particular importance. The authors made a proposal to improve the criminal law in the regulation of customs processes. It is proposed to tighten the penalty for tax evasion. This proposal is justified by the fact that the public danger of such a crime does not correspond to the punishment for it.

One of the most developed areas of organized crime is human trafficking. The exploitation of human labor is also of particular interest to researchers of criminal phenomena. The article presents an analysis of regional international mechanisms to combat human trafficking. The author focuses on the positive experience of the Council of Europe, in whose work international standards for combating trafficking in human beings have been created, which are applied, inter alia, in the territory of the Russian Federation. There is a need to bring Russian legislation in line with these international standards.

The article deals with the actions of illegal armed groups in the North Caucasus of the late XX century. The author reveals the features of illegal armed groups, as well as offers to prevent negative consequences from their activities.

The need to carry out the study is due to the fact that the legislation in the Member States of the Eurasian Economic Union (EAEU) on combating economic crime (despite the unity of the EAEU economic space) has significant differences that cannot be considered justified from the point of view of increasing the effectiveness of combating economic crime. These differences are manifested in the fact that for similar crimes in the criminal legislation of the EAEU Member States, sentences differing in nature and severity are established. This situation, in the conditions of free movement of goods, finances and labor resources in the EAEU, according to the author, is contrary to the goals of developing the EAEU common economic space, as well as to the principles of justice and equality of citizens before the law, which are enshrined in the criminal law of all EAEU Member States. In particular, the commission of a crime in such key segments of the economy as customs regulation and entrepreneurship entails significantly different criminal law and criminal procedural consequences for persons prosecuted in some EAEU Member States and does not entail the same consequences in other EAEU Member States. According to the author, these differences also make it difficult to create a unified system for monitoring economic crime in the EAEU in the future and limit the possibilities for joint counteraction to this type of crime. The lack of a common approach to understanding the economic crime and its structure for the EAEU prevents the deepening of the integration of the common economic space of the Union, and can stimulate the “flow” of economic criminal activity into the least rigid national jurisdictions within the EAEU. The results of the study can be used by the EAEU bodies to prepare amendments to the EAEU Treaty, as well as by the legislators of the EAEU Member States in order to ensure the implementation of an agreed criminal policy in the field of combating both economic crime in general and its individual types. The main expected consequence of the publication is the intensification of the efforts of the EAEU member states to formulate coordinated approaches in the field of combating economic crime in a common market. The article is addressed to the authorities of the EAEU, the legislators of the EAEU Member States, scientists studying the problems of combating economic crime, teachers, graduate students and students of legal and economic universities.

The article deals with one of the forms of terrorist activity, which consists in the use of biological means by individuals, terrorist organizations or groups to kill people, farm animals and cultivated plants in order to destroy or disable people, causing large economic and other losses, namely, biological terrorism. Various interpretations of the concept of «biological terrorism» and its motives are given in the article. Examples of the use of biological weapons from ancient to the present times are considered. It is noted that it is necessary to develop a set of measures to ensure national readiness to repel a bioterrorist attack.

The article discusses the historical periods of the formation of the penal system of the Russian Federation, in which significant measures were taken to increase the prestige of the service. The presented historical information contributed to the identification of patterns in the process under consideration. Today, questions of the prestige of the service are the most relevant, as they affect the quality of the personnel composition of the penal system of the Russian Federation. Particular attention was focused on the areas of development of the penal system of the Russian Federation, which were presented by the Director of the Federal Penitentiary Service, namely: raising the status and prestige of the service. An analysis of the scientific literature and normative legal consolidation of the process to increase the prestige of service in the penal system of the Russian Federation made it possible to define it through the prism of legal and organizational foundations that contributed to a deep and detailed study of the process. This contributed to the determination of the whole complex of elements included in the process under consideration and those areas that require improvements.

Information technology in the modern world is common in most areas of life. The achievements of science and technology have a serious influence in the field of the criminal process. The article analyzes the features of using computer information from the Internet when investigating crimes from in the Russian Federation. In the modern world, Internet information is widely used and has a concern for law enforcement agencies. The author comes to the conclusion that the use of computer information from the Internet allows law enforcement agencies to respond in a timely manner to unlawful processes in society. Based on the analysis of practical aspects, attention is focused on the effectiveness of applying contextual information retrieval.

A wide circle of participants has the right to participate in the evidence - the suspect, the accused, the civil plaintiff and defendant, the victim and their representatives. A special role in the process of evidence is assigned to the investigator, since his activity is aimed at collecting, verifying evidence and making procedural decisions on their basis. Evidence of the crime committed is obtained indirectly. This fact is a feature of criminal proceedings.In the article, the author reveals the specifics of collecting, checking and evaluating evidence by one of the main subjects of criminal procedural activity - the investigator.

In the article, the author examines the meaning of the parting word of the presiding juror, analyzes in detail the information that should be contained in it. Based on the studied judicial practice and scientific literature, the author points out the mistakes that are made by the presiding officer when pronouncing the parting word and analyzes the consequences of such violations. The article deals with the issues of submission of objections by the parties to the parting word and their consideration by the Chairman. The author proposed to amend the code of criminal procedure to the preparation by the presiding parting words, consideration of objections of the parties to it, the announcement of the parting words and the presentation of the jurors copies of it.

The article considers the issue of domestic prosecutorial supervision of the implementation of laws outside the criminal law sphere. The social conditionality and the need to give the regulatory authorities additional powers are theoretically substantiate by the examples of regional practice of supervising the implementation of laws in the sale of liquefied gas, capital construction, taxation of entrepreneurs not registered with the FAS Russia. These powers, according to the author, are sufficient for the actual elimination of violations of laws in the field of their jurisdiction, which is an important condition for the effectiveness of prosecutorial supervision of the implementation of laws and increase the level of legality.

The material basis for the functioning of all sectors of the state mostly depends on the national security of the country. Criminal law science and practice recognizes as a custom crime a specific group of unlawful actions aimed at the implementation of foreign economic activity. Crimes related to violation of customs regulations may be committed in various ways not written in criminal law. In this regard, problems arise in the investigation of such crimes. This article analyzes the investigation of crimes related to tax evasion by organizations and individuals in the Russian Federation. Based on the analysis of law enforcement practice, the author comes to the conclusion that there are a number of problems that make the analyzed law enforcement activity of the customs authorities less effective. The importance of preventive and precautionary measures in this area is emphasized.

The article addresses the issue of access to justice in courts of appeal. This problem arises due to the large territorial area of judicial appeal districts. It can be resolved through the use of video conferencing, as well as in the organization of the work of courts of appeal on the basis of permanent judicial presence and visiting sessions. The first two forms of solving the problem are fixed by law, and there is no proper legislative consolidation of the organization of work on the basis of visiting sessions, which indicates the gap of Russian legislation in this regard. The author turned to the Soviet experience in organizing the work of courts on the basis of visiting sessions. He concludes that this form of organization of work most effectively solves the problem of access to justice, brings justice closer to the population, increases the authority of the judiciary and implements the educational function of the court.

The paper considers maintaining law and order on air transport that is significant task of public authorities and transport infrastructure subjects responsible for monitoring country’s transport system. The magnitude of threats and consequences of violating the law and order is disruptive and often leads to accidents damaging both property and public health. The article is devoted to questions of providing protection against offences that may be committed on board an aircraft, organization of administrative activities of internal affairs transport bodies and other law enforcement officials in aviation security field. International practices on ensuring law and order on air transport, particularly air security services operating in the United States of America, is considered. The article investigates the concept of coercion in legal terms, as a measure of influence on undisciplined passengers, «airborne debauchery», as well as the reasons of unlawful acts on an aircraft. The main types of conflicts that occur on board of an air transport, which result in "air fights", are given. The article considers Russian Federation’s regulations and laws applying to passengers with inappropriate behavior, as well as main measures practising by aircraft crew members and whole airlines to combat offenders, further illustrated by the case of PJSC “Aeroflot - Russian Airlines“. The paper gives a detailed analysis of efficiency of the Russian legislation in this field. Moreover, it has identified required changes to address gaps and recommendations, that could contribute to the effectiveness of combating the offenses committing on board an aircraft.

The purpose of this article is to study the tactical features of visual, physical and chemical methods for detecting certain objects that are limited in circulation, including weapons, ammunition, explosives and explosive devices, narcotic and psychotropic drugs and substances. To achieve these goals, the algorithm of actions of employees is given on the work, depending on which object to be seized, where and in which concealment environment the desired object is hidden, within the framework of which of the types of supervision: personal, vehicle, objects clothes and things, the object is seized. Determining the correct tactics for organizing screening actions, as well as actions to detect, record and seize prohibited items and substances, is the basis for further investigation of crimes related to their storage, carrying, transportation, marketing and other actions, successful prosecution of perpetrators, minimizing appeals against the actions of police officers with increasing their effectiveness. The results can be used for further theoretical research, the preparation of scientific papers and for solving practical problems in the field of forming the special knowledge of a police officer, in particular, determining tactics for detecting and seizing explosives and explosive devices, prohibitions and restrictions related to ensuring personal safety; firearms and ammunition; narcotic drugs and psychotropic substances, as well as generally improving the effectiveness of search actions in various conditions.

The purpose of this article is to summarize modern data on the concept of explosive substances and explosive devices as one of the objects of limited turnover; signs indicating that the object belongs to the goals in one of the categories: initiating, brisant and throwing actions, as well as about the manufacturing methods and other grounds for its division. The main signs of explosives are highlighted: explosiveness, brisance and sensitivity. To solve this problem, on the basis of the classification given in the work, a comparative legal analysis of the definitions is carried out, the effect of the type of detected, seized, used weapon on the qualification of the acts, a comparison of some tactical and technical characteristics of explosives and explosive devices that are important for determining their place in the system. With regard to explosive devices, the article also provides a generalized classification according to the method of manufacture for home-made and factory; and depending on the targets for military and industrial substances, as well as parts of standard explosive devices and varieties of these parts. The results of such a generalization can be used for further theoretical research, preparation of scientific papers and for solving practical problems in the field of forming special knowledge of a police officer, in particular, determining tactics for detecting and seizing explosives and explosive devices, prohibitions and restrictions related to ensuring personal safety ; comparisons with classification features, which allows to delimit the samples among themselves and determine the further mechanism for conducting preliminary research and bringing to responsibility a certain type.

The identification of the victim in the investigation of crimes in the sphere of land relations is one of the main stages of investigative measures. In this article, the author, based on the study of theoretical information, practical materials, and a large amount of foreign and domestic literature, makes an attempt to reveal the typical characteristics of the victim’s personality in the field of land relations as an object of study of forensic science. Particular attention is directed to the study and definition of the concept, characteristics, characteristics of the personality of the victim and his social status.

As you know, from paper media (from the paper version) it is impossible to determine the signs of the installation of the printed text itself - the “sign-synthesizing device” reproduced using the printer. From the original paper media, any imitation (falsification) in the document is recognized and detected, except for the installation of the printed text itself. A method has been developed for recognizing the installation of printed text on paper using digital doubles, the method of converting the original document into digital form, and highlighting certain parts of text fragments up to individual pixels, using spectral zones, electromagnetic radiation, using the Forensic Multifunctional Complex (FMC)

The article attempts to determine the essence of administrative and jurisdictional activity. The analysis of scientific concepts and points of view on the theoretical concept under consideration. The genesis of administrative jurisdictional activity is presented. The correlation of the concepts of jurisdiction, administrative jurisdictional activity and administrative activity is reflected. The main components of administrative and jurisdictional activity are highlighted, its essential elements are correlated.

The subjects of misappropriation and embezzlement in the banking sector are traditionally referred to as the so-called white-collar crime. The Russian angle law and criminological doctrine is dominated by the position that the legislator took. It consists of dividing into two categories of persons performing managerial functions (conditionally - «managers»). These are officials and managers in corporate and other organizations. These individuals can appropriate and waste entrusted property, around the understanding of which there is a discussion. A typical subject of a crime under Part 1 of Art. 160 of the Criminal Code of the Russian Federation is an employee of the bank, to whom, on a special assignment or contract of material liability, as well as by virtue of a service contract, money has been transferred to the bank (its customers), in addition to officials, as well as bank managers. Thus, the liability under Part 2 of Art. 160 of the Criminal Code of the Russian Federation, it is possible to attract not only bank officials, but also its managers, since the property of the bank and customers (depositors) are actually under their management, and in some cases they are temporarily at their disposal.

This article is devoted to the analysis of regional aspects of the implementation of state support for industry, made from the standpoint of constitutional legislation. The constitutional basis for ensuring the economic security of the state, the natural component of which is industrial production, is consistently revealed. The constitutional provision of state policy in the sphere of industry in the article is based on the principle of state sovereignty as the independence of domestic and foreign policy of the state. A component of state sovereignty is the provision of national security in a wide range of its varieties, among which a special place belongs to economic security. The need to concentrate state budget funds on the most promising areas of development of industry, science and technology. This will guarantee economic security and the effectiveness of industrial policy.