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Vol 13, No 3 (2020)

Articles

The phenomena of terrorism

Chistyakov V.V., Yastrebova E.V.

Abstract

The aim of the work is to uncover various types of terrorism in the world; and to develop the effective proposals for their elimination. In the work, the phenomena of terrorism are defined and considered in a historical perspective: religious terrorism, ideological terrorism, economic terrorism, financial terrorism, political terrorism, military-political terrorism, class terrorism, chemical terrorism, biological terrorism, nuclear terrorism. It is shown how with the development of society, terrorism is being transformed, manifesting itself in new forms. Emphasis is placed on the analysis of terrorism in the republics of the North Caucasus.
Gaps in Russian Legislation. 2020;13(3):17-21
pages 17-21 views

The importance of judicial practice in the Russian legal system

Eremin A.R., Kuzenkov K.G.

Abstract

Background: This article discusses judicial practice in the Russian Federation, its significance and role in the system of separation of powers. The role of the decisions of the Plenum of the Supreme Court is studied, their influence on the uniform application of the law by lower courts is shown, the significance of the judicial practice of the Supreme Court of the Russian Federation, which plays an important role in the regulation of public relations, is revealed. The purpose of the study is to determine the impact of judicial practice of the Supreme Court of the Russian Federation on the regulation of public relations. Results The influence of the judicial practice of the Supreme Court of the Russian Federation on the regulation of public relations, bridging the gaps in law through the formation of legal provisions, which have great potential as a legal regulator and information value for correcting defects in the law, but without the participation of the legislature, cannot fully realize itself in full legal system of the Russian Federation. Conclusion The need for the closest relationship of the legislative and judicial authorities to improve legislation, and the study of the legal positions and legal provisions of the Supreme Court of the Russian Federation that are significant for legal regulation, have been identified.
Gaps in Russian Legislation. 2020;13(3):22-27
pages 22-27 views

Genesis of state property liability legal regulation connected with damage caused by illegal actions of public authorities and management bodies

Popov A.P., Maksimenko A.A., Polyakova E.I.

Abstract

The article gives a detailed analyses of the legal mechanisms for the realization of property liability of public authorities and administrations from the royal period to the present. Having analysed the evolution of the establishment and development of the institution of reparation, damage as measures of civil liability of the State for non-contractual obligations, practical recommendations are made to improve this institution. The subject of the study is a retrospective analysis of the legal framework governing the institution of property liability of the State for damage caused by illegal actions of public authorities and management. This direction was studied by J. Shaw, I.B. Lee, H. Tobier. The aim of the study is to establish, on the basis of retrospective analysis of state property liability legal regulation connected with damage caused by illegal actions of public authorities and management bodies and to identify positive and negative trends of each period. The following methods were used in the analysis of the legal basis of the research institute in the historical aspect: historical-legal, formal legal method, methods of interpretation of law (functional, logical), legal analysis and prediction. Conclusions and significance: the use of the proposed theoretical recommendations will allow to determine the trends of formation of new approaches in the creation of a single public-legal mechanism regulating the investigated institute taking into account modern realities.
Gaps in Russian Legislation. 2020;13(3):28-32
pages 28-32 views

Implementation of regional legal monitoring of the bill and the law at the stage of introducing legislative initiative on the example of the subjects of the North Caucasus federal district

Tlupova A.V., Gelyakhova L.A.

Abstract

In order for the state to function efficiently, a high-quality system of legislation is needed. Unfortunately, there are gaps in the legal regulation of certain social relations. In addition, over time, "quality" laws require improvements and changes. There is a mechanism by which it is possible to timely isolate both conflict and whitespace, outdated, and low-quality laws. This is the legal monitoring of the bill and the law. There is an acute problem of improving the quality of regional legislation. In this regard, the authors considered the features of introducing legislative initiative in each of the seven regions of the North Caucasus Federal District. In addition, the authors proposed a mechanism for conducting the main stage of regional legal monitoring.
Gaps in Russian Legislation. 2020;13(3):33-36
pages 33-36 views

Democratic police forces - the subject of the law enforcement system of the modern state

Stepanyan A.I.

Abstract

The article analyzes the phenomenon of «democratic police» as a subject of the law enforcement system of a modern state. The purpose of the study is to identify the characteristics and the framework for the democratic police. The author examines the genesis of ideas about such police activity, which is called democratic. These submissions date back to 1829, when the modern British police was created when policing was based on the prevention of crime by establishing cooperation between the police and the population, gaining the respect of the public by the police, and not through the use of violence. The author comes to the conclusions that the main idea of the democratic police is that employees at all levels should see themselves as serving the entire society, rather than only to the state and the ruling elite. The subject of a democratic police system is publicly accountable police that act on the basis of law, embodying the principles of respect for human dignity, with the possibility of interfering in the private life of citizens only in conditions limited by law and carefully controlled. A democratic police is a politically neutral at national and international levels. The police should not only be professionally competent, but also accountable to the people for how they exercise the power given to them by people; rely on public support in the performance of their duties; and operate in transparent manner. The problems faced by members of various social strata and how the police respond to these complaints are clear indicators of the level of perception of the democratic foundations of policing. This means creating a culture and ethics of serving the public and consulting with the public.
Gaps in Russian Legislation. 2020;13(3):37-41
pages 37-41 views

Contract negotiations in business: the legal nature and problems of law enforcement

Zankovsky S.S.

Abstract

The article deals with the legal nature of contract negotiations and pre-contractual liability. A brief critical analysis of a number of positions expressed in the literature is given and it is concluded that such negotiations are by law a legal fact that generates the rights and obligations of the participants in the negotiations. According to the author, the law does not provide for the possibility of recovery of lost profits for violation of these obligations, although judicial practice has resolved the relevant disputes differently. The positions of the courts that differ from the doctrinal understanding of the meaning of the law should be explained by the nature of justice as a proceeding interested in formulating rules that are convenient and understandable for application, which are not always based on the content of the law, however, their appearance in addition to the pragmatic tasks of the courts should be explained by the vagueness of this content.
Gaps in Russian Legislation. 2020;13(3):42-47
pages 42-47 views

Gaps of the concept of harm as an element civil offenses

Krepak S.V., Kravets I.P.

Abstract

The article examines the content of the concept of harm as an element of a civil offense, analyzes measures of civil liability and other statutory ways to protect civil rights from crimes in general, and in the field of entrepreneurship, where one of the elements that make up the civil liability is harm, its legal category is also disclosed, a distinction is made between such categories as: “harm”, “damage”, “losses”.
Gaps in Russian Legislation. 2020;13(3):48-52
pages 48-52 views

Violations of exclusive rights to a trademark under the conditions of the network advertising: typical cases and features of legal regulation

Ermakova I.V.

Abstract

The article was written with the aim of analyzing the current legislation and law enforcement practice on the issue of violation of exclusive rights to a trademark when placing advertisements and information about goods on the Internet. To achieve this goal, cases of violation of the exclusive right to a trademark through the use of various addressing methods, including the design of contextual network advertising. Statistics on the development of the Internet advertising market in a digital economy are presented. The circumstances that need to be proved when applying to the court with a claim for the protection of the violated right are revealed. As a result of the study, the author concludes that advertising on the Internet is a promising tool for promoting their own products on the market and the demand for such advertising will grow in the future. However, the author points to gaps in the legal regulation of relations in this area. In this regard, it is proposed to consolidate at the legislative level the rules on the prohibition of the illegal use of trademarks when choosing the considered addressing methods and when placing contextual advertising, as well as the legal definition of the term “contextual advertising”. In conclusion, the author gives practical advice in order to prevent infringement and protect exclusive rights to a trademark when posting information and advertising about his own product on the Internet, including, but not limited to, possible methods and resources in the context of checking for registered trademarks.
Gaps in Russian Legislation. 2020;13(3):53-60
pages 53-60 views

Academic doctrinal research of civilistical problems of securities and financial markets

Chikulaev R.V.

Abstract

The purpose of this work is to characterize the state and dynamics of basic doctrinal research on the scientific problems of civil-legal regulation of securities and financial markets, in terms of their impact on positive law. Content analysis, formal-logical and specific-historical approaches, extrapolation, legal modeling are used as the main methods. The central idea is the common in the environment of academic science and the one we share a strong opinion that the concept of "scientific problem" is most attributed to the subjects of Dr. Sci. dissertations. In the case of Cand. Sci. dissertations it is more appropriate to use definitions such as "issues," "tasks," "solutions" and other similar, not so large in scale compared to the "scientific problem." In the retrospective period of about twenty years, which roughly corresponds to the period of formation of the modern national system of securities and financial markets legislation, several dozen Cand. Sci. dissertations and only a few Dr. Sci. dissertations on this subject were defended in Russia. The result of the relevant dissertation studies was the formation of the main theoretical provisions on the legal nature of documentary and non-documentary securities, the development of methods of civil-legal regulation of the emission and circulation of securities of various forms and types, the construction of the civilistic foundations of model relationships in financial markets and financial investments, the formation of common approaches to the regulation of the system of civil-legal relations in the securities market, the staging of a number of related scientific problems in the designated area. It can be concluded that, despite the academic studies already took place, a number of doctrinal questions are still open. These include: the development of a common legal regime for the "financial instrument" category, which includes securities, derivatives, and some other instruments; the formation of sustainable scientific ideas on the mechanism of legal regulation of civil turnover of securities and other objects of financial markets relations; the methodology of legal construction and consolidation in the positive right of new legal definitions, the development of understanding of the special legal personality of legal relations subjects.
Gaps in Russian Legislation. 2020;13(3):61-67
pages 61-67 views

Differentiation of gaps in the legislation from the involved phenomena in law

Ibragimova J.E.

Abstract

To separate definition of gap in legislative from other forms of uncertainty in law, many scientific articles and monographs are devoted. At the same time, in legal science there is no comprehensive study of the mechanism for establishing and eliminating gaps in legislation and its differentiation from other methods of establishing and resolving uncertainties in law, which in turn negatively affects not only legal science, but also legal practice. This article presents an analysis of judicial practice, which demonstrates that the court, having incorrectly established the presence of a gap in the legislation, chooses the wrong method of filling it, which in turn may lead to a violation of the principle of uniformity and application of the rule of law.
Gaps in Russian Legislation. 2020;13(3):68-73
pages 68-73 views

Structural elements of tax process

Berezin M.Y.

Abstract

The article reveals characteristics of modern tax law independence, studies structure and legal contents of tax process elements as stages, proceedings, actions, methods of doing actions and respective legal results, offers new classification of tax process stages based on selected features.
Gaps in Russian Legislation. 2020;13(3):74-78
pages 74-78 views

Prospects for the development of the legal mechanism for the functioning of payment systems

Salina E.S.

Abstract

The presented research reveals an approach to the construction of a legal mechanism for the functioning of payment systems. The proposed approach is based on the application of the principles of legal regulation. The purpose of a work is to determine the existing legal mechanism for the functioning of payment systems, identify its drawbacks and propose a new approach to legal regulation to ensure the proper functioning of payment systems. The proposed approach to legal regulation takes into account the specifics of the functioning of payment systems, which consists in the presence of three elements in its activities: institutional, procedural and organizational. These elements reflect the subject structure of the payment system, the process of providing money transfer services by them, and the ways in which payment system entities interact during providing payment services. Each of the elements must be defined within the legal framework of the payment system to ensure its proper functioning. The proposed principles of legal regulation take into account the features of these elements, in particular, the principles are classified into three groups, depending on the element they affect. The paper describes ways to implement the principles in the legal mechanism: the possibility of their direct application, depending on the type of significance of the payment system, is analyzed. It is also concluded that the implementation of the principles in the legal mechanism will reduce the regulatory burden on payment systems by using an approach depending on the level of significance of the payment system. The paper defines the role of the principles, which is that the principles allow to eliminate the legal gaps in the legislation on the national payment system, and prevent the emergence of new gaps.
Gaps in Russian Legislation. 2020;13(3):79-84
pages 79-84 views

Problems of the theory of financial and legal coercion

Bishel A.O.

Abstract

In this article, the author considers certain problems of the theory of financial and legal coercion, the relevance of which is confirmed by both the scientific demand for research on the Institute of state coercion in the field of public Finance, and law enforcement practice. The article examines the procedural aspects of state enforcement in the sphere of financial activity, and provides a brief analysis of scientific developments.
Gaps in Russian Legislation. 2020;13(3):85-90
pages 85-90 views

Environmental issues and a role of the state in resolving them

Isakova A.V.

Abstract

The aim of this article is to identify and understand the environmental issues of importance for understanding of the legal regulation in the field of the environment. The first problems were shown to have been identified in the second half of the last century, and it was during this period that the first environmental values in the form of the establishment of «favorable living conditions in the environment for the benefit of present and future generations» began to form and get the legal consolidation in the international documents. Despite the measures undertaken the environmental issues continue to progress and get more global. In recent years the environmental issues are expressed in the form of air pollution, that makes the morbidity and mortality rates higher, the useful land areas are decreasing, about 30-40% percent of population uses water that does not comply with hygiene standards. This article provides an overview and shows the systemic complexity of environmental issues. The environmental issues are found to have a collective nature permeating social, economic, political and psychological spheres of society, and thereby they are twice as difficult in contrast to other areas of law. Only the State, as a power structure, may use the law to solve environmental issues in the form of changing in social relations. With the help of imperative and organizational actions the State is capable to change a behavior pattern of the subjects of public relations in the environmentally friendly direction. At the end of this article there are the conclusions about the study in the form of new directions for the development of the State ecological and legal regulation. This article must be interesting for legal practitioners, law ecologists and environmental experts.
Gaps in Russian Legislation. 2020;13(3):91-95
pages 91-95 views

Legal regime of the management of mining waste

Ignatiev D.A.

Abstract

Mining waste volumes increase every year and not only has a negative impact on the environmental, but only constitutes an enormous reserve of mineral resources, which have not been extracted due to technological imperfections. However mining waste may be an additional source of mineral resources when the mineral reserves is deleted. This article addresses the existing legal regime for mining waste management, legal acts in this sphere, which establish requirements for mining waste management and procedure for the provision of wastes for use. The article examines enforcement practices and determines the adequacy of existing legal regulation. The study leads to the conclusion that current legislation does not adequately regulate the management mining waste, including the procedures and conditions for the provision of wastes for use for extracting mineral resources. This leads to litigation and discourages active involvement this kind of waste for productive use, therefore improvement of legal regulation is needed.
Gaps in Russian Legislation. 2020;13(3):96-106
pages 96-106 views

Transnational organized crime at sea: international response and national interests

Wang Z., Serebrennikova A.V., Lin Y., Lebedev M.V.

Abstract

The article is devoted to the study of the relationship between international and national rights and the fight against transnational organized crime at sea and is a study of literary sources. Purpose: to reveal the essence of transnational organized maritime crime, the current state as a threat to the world community; explore the current state of transnational organized crime; to analyze the international legal framework, statistics, doctrinal sources in the field of international law of the sea; classify the most characteristic forms of transnational organized crime at sea; specify the gaps in Russian and national legislation. Methodology and research methods: induction, synthesis, method of interpretation of norms and law, allowing to analyze the existing problems, as well as determine the main areas of criminal law counteraction to transnational organized crime and their development, Conclusions: the results of the studies allow us to conclude that there are problematic aspects of the international and domestic level. Scope of the results: this article may be of interest to students of higher educational institutions, graduate students, researchers and teachers of law schools, as well as to all interested parties.
Gaps in Russian Legislation. 2020;13(3):107-112
pages 107-112 views

Draft concept of the Russian Federation new criminal code special part

Malinin V.B.

Abstract

This article is a continuation of a series of articles on the draft new Criminal Law, developed by the author based on the Encyclopedia of Criminal Law published by him in 36 volumes, in the writing of which more than 300 scientists from Russia and other countries take part, and the author has studied more than 100 foreign codes. The concept and draft of the General Part of the Criminal Code are published in the monograph «The Draft of the General Part of the Criminal Code of the Russian Federation». M: Publ. «Avenue». 2020». With this chapter, we begin to consider the Draft of the Special Part of the Criminal Code of the Russian Federation. And we start with the design concept of the Special Part of the Criminal Code.
Gaps in Russian Legislation. 2020;13(3):113-116
pages 113-116 views

Expanding the educational space of institutions of the penal system as a means of re-socialization of convicts

Borisova E.V.

Abstract

The article considers issues that reflect the specifics of the educational space in places of deprivation of liberty. The main emphasis is placed on intensifying pedagogical work with the contingent under the age of 30 years. The main tasks and indicators have been identified that ensure the improvement of the processes of social adaptation by increasing the educational qualification of convicts.
Gaps in Russian Legislation. 2020;13(3):117-120
pages 117-120 views

Legal regulation of responsibility for crimes in the field of computer information: problems and prospects for development

Berova J.M.

Abstract

Computer informatization is a consequence of the dynamic development of information spheres. Unfortunately, these processes give rise to a new type of crime. The article presents an analysis of the modern legal regulation of the institution of responsibility for crimes in the field of computer information in the Russian Federation. The author comes to the conclusion that a number of problems of legal regulation of responsibility for committing crimes in this area are preserved in Russia. The development of the institution of criminal liability for crimes in the field of digital information is proposed as the most promising area of countering these crimes.
Gaps in Russian Legislation. 2020;13(3):121-123
pages 121-123 views

A set of measures aimed at preventing corruption crimes in the sphere of education

Dgamalova B.B., Esenbulatova E.H.

Abstract

The fight against corruption crime is the most urgent problem of the state for many centuries. This problem is considered by many scientists in their research and offer many ways to effectively combat. But in order to achieve significant results in the field of anti-corruption policy and eradicate this problem forever, it is necessary for the state to coordinate its actions with various social groups, scientists and practitioners, politicians and representatives of the public. In this article, the author also proposes preventive and preventive measures aimed at improving the effectiveness of the fight against corruption crimes in the field of higher education and ways of their implementation. Constant coordinated work in this direction should contribute to the complete eradication of this phenomenon from our society, as well as the restoration of the rights and legitimate interests of citizens of our country violated by corrupt officials, and thus it is possible to prevent the growth of corruption crime and the development of anti-corruption legal culture in all members of society.
Gaps in Russian Legislation. 2020;13(3):124-128
pages 124-128 views

Compensation for harm caused to a victim in German Criminal law and reconciliation with a victim in Russian Criminal law: specifics of legal regulation

Serebrennikova A.V., Ploshkina Y.M.

Abstract

The article is devoted to the urgent problems of legal institutions of compensation for the victim of a criminal offense, and the problems of reconciliation with the victim. The object of the study is the social relations that arise between the person who committed the crime and the victim from the actions of the offender, and include the totality of actions taken by the perpetrator and his efforts to compensate for the harm. The authors examine the legal framework for compensation for harm to a victim using the example of Germany. The authors draw attention to the fact that such actions are considered by the German legislator only as circumstances mitigating punishment (§46 No. 2 para. 7 of the Criminal Code of Germany). The subject of the study is the norms enshrined in the Criminal Code of the Russian Federation and the Criminal Code of Germany, the authors pay special attention to paragraph 46a “Compensation for the victim and the person who committed the criminal offense, compensation for harm” (“Täter-Opfer-Ausgleich, Schadenswiedergutmachung”). Purpose of the article: to investigate the norm of Article §46a No. 1 of the Criminal Code of the Federal Republic of Germany - compensation to the injured person who has committed a criminal offense, as a basis for commuting or refusing to punish him. To study the institution of reconciliation with the victim, provided for in article 76 of the Criminal Code of the Russian Federation, with a view to whether it is a non-rehabilitating basis for exemption from criminal liability - in connection with the reconciliation of the suspect (accused) with the victim. Present a brief excursion into the history of these institutions, illustrate the work with examples from Russian and German judicial practice. To highlight the main signs of reconciliation in the criminal law context and the necessary components of compensation for the victim of a crime, according to the laws of the Russian Federation and Germany. Summarize statistical information on the number of terminated criminal cases in connection with reconciliation with the victim. Methodology and methods: to solve the goals and objectives set in this article, the authors widely apply scientific methods of induction, diduction, analysis, synthesis, as well as the comparative legal method and method of interpretation of legal norms. Conclusions: on the basis of a comparative legal study, the authors formulate the concept of reconciliation with the victim and make important recommendations for improving Russian legislation and law enforcement practice, taking into account existing foreign experience. Scope of the results: this work may be of interest to students of higher educational institutions, as well as graduate students exploring this area of criminal law. The material presented may be of interest to teachers of law schools and all researchers involved in the problems of criminal law of foreign countries and comparative law.
Gaps in Russian Legislation. 2020;13(3):129-135
pages 129-135 views

Public morality and information technologies

Arhiptsev I.N., Parshin N.M., Maksimenko A.V., Shalaikin R.N.

Abstract

The article is devoted to the criminological studying of quantitative and high-quality changes of crimes against health of the population and public morality in modern Russia taking into account the official statistical data and modern developments of society, and also the existing problems of prevention of these acts in the information environment. In particular, the authors study a state and dynamics of certain crimes against public morality in the field of the sexual relations including their most widespread types as the bases of this type of crime. According this it is defined the circle of acts which can be made with use of information and telecommunication networks including the Internet, and it is estimated the prospects of the commission of such crimes with a remote way. It is come to light the new tendencies of a computerization, rejuvenation, intellectualization, and high natural level of latency connected with it which have not been the characteristic of crimes against public morality in the field of the sexual relations earlier.
Gaps in Russian Legislation. 2020;13(3):136-141
pages 136-141 views

Some questions of exemption from criminal liability in connection with positive post-criminal behavior

Andrianov V.K.

Abstract

The specific types of positive post-criminal behavior have a specific content, many aspects of which are discussed in the literature and ambiguously understood in legal practice. The proposed publication based on the analysis of the legal position of the Supreme Court of the Russian Federation contains a number of specific recommendations on the criminal law assessment of surrender, facilitate the disclosure and investigation of crimes, compensation and reparation as a reason to exemption from criminal liability.
Gaps in Russian Legislation. 2020;13(3):142-148
pages 142-148 views

Gaps in the system of fundamentals and principles of criminalization

Kurbanov A.G., Kravets I.P.

Abstract

The article examines the issues of the foundations and principles of criminalization in its system and in the life of society as a whole, their social functions and the impact on public and individual consciousness. The purpose of the present study is to consider the issues of scientific support arising in this area in the system of grounds and principles of criminalization, their connection with the criminal policy of the Russian Federation. Based on the study, the authors conclude that the main task is to develop a theory and method of ascending from criminalization reasons to the grounds of criminalization, expressing the social necessity of criminal law. It is on their basis that it is proposed to develop the principles of criminalization, i.e. scientifically grounded and consciously applied general rules for assessing the admissibility and appropriateness of a criminal law novel that establishes or modifies liability for a specific type of act.
Gaps in Russian Legislation. 2020;13(3):149-152
pages 149-152 views

Actual issues of countering corruption in the customs bodies of the Russian Federation

Akkaeva H.A.

Abstract

The article presents an analysis of the existing mechanisms for combating corruption in the customs authorities of the Russian Federation. The author focuses on individual preventive measures. The article says that corruption is due to the fact that the legislative norm of the counteraction system is implemented in practice inefficiently. The main problem in this context is the resolution of corruption situations before criminal proceedings are instituted. The consequences of this action entail the latency of corruption crime, which reduces the effectiveness of the customs authorities in combating corruption.
Gaps in Russian Legislation. 2020;13(3):153-155
pages 153-155 views

Problems of antificiency against the animals in the Russian Federation

Utukov A.Y.

Abstract

The presented article analyzes the current legislation on combating animal cruelty in the Russian Federation. The author has identified problems and identified ways to solve them. Based on the study, the author came to the conclusion that at present not all the nuances of the analyzed crime are taken into account. It is noted that situations of cruelty to animals are unacceptable and can generally negatively affect the development of crime.
Gaps in Russian Legislation. 2020;13(3):156-158
pages 156-158 views

The right of persons serving sentences in correctional institutions to use assisted reproductive technologies in the penitentiary system of the Russian Federation

Burkina O.A., Shilov E.A., Chugunova A.I.

Abstract

This article updates the criminal branch of law, namely the issues of the penitentiary system of persons sentenced to life imprisonment. First, the issues of their rights and freedoms. Secondly, questions of the need to implement them to the extent that they, together with their relatives, request by applying to the judicial authorities. Third, whether the use of assisted reproductive technologies by convicts and their families is acceptable. It is assumed that to meet the convicted and their loved ones on the revision of any particular penal norms, wearing restrictive to the above persons on the basis of international standards on the rights and freedoms of the individual, it is not necessary, unless gross violations of human rights. Restrictions are necessary to prevent the Commission of new crimes and correct the convicted person. The scientific goal of the study is the rights and freedoms of persons serving sentences in prisons. The article examines the legal gaps and conflicts revealed in relation to convicts and their relatives on the basis of national human rights law, in particular, the right of convicts to assisted reproductive technologies. Methodology: the Methodological basis of this research is a set of methods of scientific knowledge, among which the leading place is taken by the dialectical method. The article uses General scientific (dialectics, analysis and synthesis, abstraction and concretization) and private scientific (formal-legal, comparative-legal) research methods.
Gaps in Russian Legislation. 2020;13(3):159-166
pages 159-166 views

The gaps in the law have been eliminated: how will the practice of applying article 236 of the Criminal code of the Russian Federation develop?

Serebrennikova A.V., Lebedev M.V.

Abstract

The article is devoted to the urgent problem faced by modern society - the fight against the COVID-19 pandemic. The authors examine novels related to the restriction of citizens' rights to freedom of movement, the introduction of administrative and criminal liability for violation of sanitary and epidemiological rules. Purpose of the article: Analysis of legislative novels on toughening the rules on administrative and criminal liability for violation of sanitary and epidemiological rules in connection with the spread of a new coronavirus infection. Consider the motives of the cove-dissident as a conscious violator of the regime of self-isolation, a malicious neglect of sanitary measures. To give a legal assessment of actions to limit the rights and freedoms of citizens and check them for compliance with the legislation of the Russian Federation. Methodology and methods: the article uses the methods of analysis, synthesis, deduction, induction, as well as the method of interpretation of legal norms, which allows you to analyze the problem in more detail. Conclusions: the problem of legal uncertainty and legal illiteracy in part of the population during an emergency is relevant for study. The problem of public perception of the application of norms restricting constitutional rights to freedom of movement has contributed to the emergence of cove-dissidents, as well as criminals and administrative offenders. The relevance of the study is evidenced by statistics on criminal cases and inspection materials authorized by the RF IC. Scope of the results: this article may be of interest to students of higher educational institutions: bachelors, undergraduates, graduate students exploring this area of criminal law, but also this material may be of interest to teachers of law schools, as well as everyone interested in this problem.
Gaps in Russian Legislation. 2020;13(3):167-171
pages 167-171 views

Responsibility for use in respect of an athletesubstances and (or) methods prohibited for use in sports

Gutieva I.G., Manukyan A.R.

Abstract

The use of prohibited substances causes serious damage not only to human health, but also negatively affects the authority of the Russian state on the world stage. An example of this category are athletes who are subject to strict prohibitions on the use of certain substances. The article presents an analysis of the institution of criminal liability for the use of substances and methods that are prohibited for use in sports in the Russian Federation with respect to an athlete. The authors conclude that it is necessary to introduce an independent corpus delicti for unlawful acts committed by athletes in this area. Attention is focused on the deliberate use of prohibited substances and methods for athletes by trainers and other special subjects who have relevant medical knowledge about the dangers of their use.
Gaps in Russian Legislation. 2020;13(3):172-174
pages 172-174 views

Activities of the federal penitentiary service's criminal enforcement inspections at the present stage

Timofeeva T.N., Pitkevich L.P.

Abstract

The article discusses and analyzes the functions of the criminal enforcement inspections of the Federal penitentiary service at the present stage. The purpose of the study is to generalize some problematic issues in the monitoring of persons sentenced to alternative sentences of imprisonment, as well as to formulate proposals for their solution. In the course of this work it is possible to come to a conclusion about the revision of the rules governing the liability of those sentenced to deprivation of the right to hold certain positions or engage in certain activities; convicted persons with the duty assigned in accordance with article 72.1 of the Criminal code of the Russian Federation.
Gaps in Russian Legislation. 2020;13(3):175-177
pages 175-177 views

Criminological analysis of crimes against the normal development of minors (regional aspect)

Khanova Z.R.

Abstract

This article is devoted to the criminological analysis of crimes against the normal development of minors. The article highlights which institutions are important and significant for the normal development of adolescents, namely: school, family, public organizations and the media. In addition, the article provides an analysis of changes in time, structure and development trends of crimes against the normal development of adolescents. As materials for the analysis were taken statistical data for the Republic of Dagestan. On the problem mentioned in this article, there are already many views of various scientists. But, despite the available scientific research, this article can provide sufficient and comprehensive material for organizing and conducting relevant preventive work.
Gaps in Russian Legislation. 2020;13(3):178-181
pages 178-181 views

On the issue of the phenomenon of religious fundamentalism: forms of manifestation and generative factors

Aripshev A.M.

Abstract

The purpose of this article is to conduct a comprehensive study of the phenomenon of religious fundamentalism, de-termine its essence, and consider the impact of this concept on modern society. During the study of these issues, it is necessary to implement the following tasks: - analyze the place and role of religion in the life of modern society; - describe the genesis and essential features of religious fundamentalism in modern religious and socio-political literature; - identify the socio-historical and political sources of the emergence of religious fundamentalism; - consider the modernist tendencies of modern religious fundamentalism; - provide practical recommendations and suggestions concerning the prevention of possible threats to the spread of religious fundamentalism. The delicacy of the religious aspect of fundamentalism puts national security at the forefront. Achieving a safe state of the religious environment provides for a balanced promotion and actualization of interests, timely prevention, anticipation and neutralization of threats in this area [1]. In other words, this is not just a confrontation of a person’s interests, but a confrontation of his consciousness, because it is consciousness that acts as the main driving force of human actions and behaviour.
Gaps in Russian Legislation. 2020;13(3):182-184
pages 182-184 views

Surrogate motherhood: issues of qualification

Burkina O.A., Luchnikova K.A.

Abstract

This article reveals the relevance of the Institute of surrogacy. The scientific goal of the research is to analyze surrogate motherhood, which is considered both at the scientific level and at the interhuman (everyday) level. The elements of surrogate motherhood are analyzed from the point of view of criminal-legal assessment and criminological research. everyday life and morality. It also defines the elements of the crime under article 127. 1 of the criminal code in comparison with surrogate motherhood. Methodology: the Methodological basis of this research is a set of methods of scientific knowledge, among which the leading place is taken by the dialectical method. The article uses General scientific (dialectics, analysis and synthesis, abstraction and concretization) and private scientific (formal-legal, comparative-legal) research methods. Conclusions: As a result of the research, the authors come to the conclusion about the similarity of the signs of the crime provided for in article 127.1 of the criminal code in relation to the Institute of surrogate motherhood. Assuming that surrogacy is a transaction, namely, the purchase and sale of a newborn for cash.
Gaps in Russian Legislation. 2020;13(3):185-189
pages 185-189 views

To the question of responsibility for the illegal carrying out of artificial interruption of pregnancy in the Russian Federation

Gutieva I.G., Manukyan A.R.

Abstract

At present, the protection of human life and health is the main direction of state policy in most countries. In this regard, there is a constant improvement of legislation and law enforcement practice in this area. The article presents an analysis of the institution of responsibility for the unlawful termination of pregnancy in the Russian Federation. The authors formulated suggestions for improving legislation. The conclusion is substantiated that the existing criminal law standards need to be supplemented and modified taking into account existing legal and medical realities. It is necessary to maintain a balance between the regulation of guarantees to ensure the right of women to an independent decision regarding maternity and the improvement of the institution of responsibility for the unlawful termination of pregnancy in the context of protecting the life and health of women.
Gaps in Russian Legislation. 2020;13(3):190-192
pages 190-192 views

Features of monitoring of convicts who have not served a part of their sentence of imprisonment replaced with a milder type of punishment

Timofeeva T.N., Pitkevich L.P.

Abstract

The article deals with the peculiarities of monitoring convicts who have not served a part of their incarceration replaced with a more lenient type of punishment. The purpose of the study is to achieve the most effective control over prisoners who have not been served a part of their imprisonment replaced with alternative punishments. When analyzing the practice and problematic issues in monitoring the category of convicts under consideration, we can conclude that it is necessary to study the convict's personality more thoroughly before making a decision on his release in connection with the replacement of punishment.
Gaps in Russian Legislation. 2020;13(3):193-196
pages 193-196 views

Criminological risks of the implementation of the system of continuous remote control and audit of industrial safety

Salikhov M.M.

Abstract

The article analyzes the existing measures for ensuring industrial safety and the criminological forecast for the development of crime after the introduction of audit and remote control of industrial safety in the indicated field. The subject of the study includes the provisions of existing regulations and bills containing definitions and main features of audit and remote industrial safety monitoring institutions. The purpose of the article is to study the legal risks of using new areas of remote control and audit of the safety level of hazardous production facilities. The study revealed both the advantages and the criminological risks of existing and potentially possible remote methods for monitoring industrial safety, as well as determining the role of state control of the production sector in preventing violations of the law ensuring the safety of hazardous production facilities.
Gaps in Russian Legislation. 2020;13(3):197-200
pages 197-200 views

Enforcement aspects related to qualification of fraudulent activities

Shamaev A.M.

Abstract

Theft, committed in a fraudulent manner, is one of the most common types of crimes. Pre-planned actions using forged documents and information, by deceit and abuse of the victim’s trust, allowing to obtain the ability to dispose of other people's property characterize most of the crimes of this category. In this case, the basis of the charge of committing fraudulent acts can only be based on fully proven direct intent to commit unlawful actions that arose even before the occurrence of property relations. A survey of employees, working with economic crimes, showed that the investigation of fraudulent acts is one of the most time-consuming and difficult to prove processes. At the same time, one of the main problems when considering such acts is that from the moment a citizen's appeal is received, an employee of the internal affairs bodies is obliged to consider it as soon as practicable and make decisions on initiating or refusing to institute criminal proceedings. The difficulty lies in the fact that at this stage the employee is not endowed with the necessary range of criminal procedural powers, which he can be granted with only after the initiation of a criminal case. Also often such appeals are considered by inexperienced employees, including those whose official duties are not connected with the implementation of the preliminary investigation. For this reason, the most common decision on such appeals of citizens is the refusal to initiate criminal proceedings and recommendations on applying to the court in civil procedure. The article notes some problematic positions in the qualifications and investigation of fraud, and also suggests priority ways to resolve it, which are possible without making changes to the regulatory framework.
Gaps in Russian Legislation. 2020;13(3):201-203
pages 201-203 views

Circumstances excluding criminal liability for crimes committed by officials and problems of their legal regulation

Karpova E.A.

Abstract

In the article, the author attempts to create a theoretical framework through which it is possible to build a clear and demanded law enforcement system of circumstances that cause the exclusion of criminal liability of officials who committed them, allowing a comprehensive and deep disclosure of the very content of criminal law prohibitions, as well as to assess the adequacy of each of them individually, and their entire set as a whole. The results of the research are presented by the author as legally significant conclusions, as well as the development of author's practical proposals, which are formed in the form of draft articles on amendments and additions to the criminal code of the Russian Federation. The modernization of the current criminal law of the Russian Federation in the fight against official crimes is predetermined by its obvious inefficiency. The criminal law as a whole needs to be improved, requiring, among other things, scientific developments. Analyzing works by such well-known and respected authors like A. P. Dmitrenko, D. A. Dorogan, Yu. V. Baulin, A. A. Aryamov, N. N. Engibaryan, N. And. Ipatov, J. M. Ishmukhametov, K. V. Romanov, E. G. Semenov, K. O. Culturalia, Y. D. Ivanov, the author proposes to formulate their own definition of the circumstances excluding crime of act; defining the specificity of officials offers to isolate their system. The author pays special attention to law enforcement activities in this area. The scientific novelty is also determined by the fact that this work is one of the first studies conducted with the legislative initiatives of deputies of the State Duma and the Ministry of justice, put forward in 2019 on the problems of optimizing the current system of norms of the criminal code of the Russian Federation in terms of combating official abuse of power.
Gaps in Russian Legislation. 2020;13(3):204-210
pages 204-210 views

Countering illegal implementation of medical activity or pharmaceutical activity in the Russian Federation

Urusov Z.H.

Abstract

Currently, the most important issues in society are issues of ensuring public health. This problem needs to be studied starting from the low level of medical and pharmaceutical services. The article presents an analysis of the existing mechanisms to counter the illegal implementation of medical and pharmaceutical activities in the Russian Federation. In addition, proposals have been formulated to improve legislation. The author concludes that the current criminal law norm needs to be supplemented and modified taking into account existing legal and medical realities.
Gaps in Russian Legislation. 2020;13(3):211-213
pages 211-213 views

Certain aspects of the formation of legislation on responsibility for driving to suicide in the pre-revolutionary period

Ovsyannikova E.I.

Abstract

Purpose of research. Establishing the features of the determinism of phenomena and events is the key to their effective study. An important role in this is played by the possibility of referring to the corresponding historical process at its individual stages, which predetermines the relevance of the issue we are studying. Despite its study in the legal literature, we note that a significant part of the relevant problems remains unresolved. In this article, we attempt to partially eliminate an existing gap. Results. A brief analysis of certain aspects of the formation of legislation on liability for bringing to suicide in the pre-revolutionary period allows us to formulate the following conclusions. 1. The first attempt to consolidate the composition of committing suicide in domestic law can be called the regulation in the Criminal and Correctional Penalties Code of 1845 of responsibility for incitement and aiding suicide as participation in committing suicide by a person, providing assistive devices or otherwise. The fact of material or other dependence of a person who committed suicide under the influence of a person with power over the latter was emphasized. 2. The criminalization of criminal punishment for committing suicide in the historical process of the development of domestic legislation was caused by many factors, ranging from pluralism of approaches in understanding the essence of criminal suicide and ending with socio-economic processes in a given period. 3. In total, within the framework of the formation of the institute under consideration, the following stages of the pre-revolutionary period can be distinguished, which have specific features in the field of the institute under study: - pre-Christian (before 988); - feudal fragmentation (X - XVI centuries); - a centralized state (XVI century - early XVIII century); - imperial (beginning of the XVIII century. - 1917).
Gaps in Russian Legislation. 2020;13(3):214-217
pages 214-217 views

The criminal liability of an аssisted suicide in England

Serebrennikova M.S.

Abstract

In this article, a criminal law study of the institution of assisted suicide in England, as one of the debate issues of modern jurisprudence, is carried out. The author presents a critical analysis of the positions of supporters and opponents of the legalization of assisted suicide in England, the provisions of this work are illustrated by examples from judicial practice. The concept of “encourage suicide” is studied under the criminal law of England, which, according to the author, contains such provisions as: “declination”, “persuasion” and “assistance”. The purpose of the article. To analyze the theoretical principles of the Institute of Assisted Suicide. To analyze the development trends of public relations and the criminal law of England on this issue. To give a legal assessment of the bills on assisted suicide, received in the British Parliament in different years. To consider the results of statistical studies on the subject of respondents' attitudes to legislative fixing of the norm allowing assisted suicide. Methodology and methods: the author used the methods of deduction, induction, analysis, synthesis, as well as historical and comparative legal methods. Conclusions: The problem of the criminalization of assisted suicide is one of the urgent today. Assisted suicide is qualified as murder, which entails criminal punishment. The author of the study, relying on the results of sociological studies, doctrines in the field of criminal law and judicial practice in specific criminal cases, comes to the conclusion about the decriminalization of the institution of assisted suicide, its legalization and careful legislative regulation. According to the author, the ban on assisted suicide contradicts public opinion, necessity and relevance, as well as human rights. Scope of the results: this article may be of interest to students of higher educational institutions: bachelors, undergraduates, graduate students, as well as researchers interested in this area of criminal law.
Gaps in Russian Legislation. 2020;13(3):218-221
pages 218-221 views

Measures of prevention of youth extremism

Serbieva M.M.

Abstract

This article is devoted to the prevention of youth extremism by the example of that are taken at a special level, accompanied by the positive experience of those regions in which the author conducted research. various schools and universities take on a local level a list of actions consisting in organizing cultural, educational, educational, informational events to instill in young people ideas of interethnic and interreligious respect. In addition, as part of special measures, separate lessons, courses, and seminars are being created to explain certain issues related to the theme of extremism. The examples cited by the author of a number of subjects show that the launched projects to create highly specialized educational structures are very successful and can be considered as positive experiences for other entities. The author comes to the conclusion that such a measure as accounting and analysis of the current state of the anti-extremist environment is of great importance. To this end, a significant role is given to compiling and posting reports, reports, reviews, statistical and other information on countering youth extremism. The analysis of the results of our own research obtained by the author made it possible to conclude: using the existing arsenal of measures, as well as developing and improving anti-extremist tools, it is possible to implement comprehensive and comprehensive work to protect young people and other categories of citizens, as well as reduce the level of involvement of young people in illegal activities.
Gaps in Russian Legislation. 2020;13(3):222-224
pages 222-224 views

Evolution of urgent investigations: retrospective legislation prior to adoption article 157 of the code of Criminal procedure of the Russian Federation

Shurukhnov N.G.

Abstract

The main purpose of this article is to refer to the past and present criminal procedure provisions regulating the conduct of urgent investigative actions. The subject of the study are the norms of the Statute of Criminal Procedure of 1864, the Code of Criminal Procedure of РСФСР1922 and 1923, the Foundations of Criminal Procedure of the Union of SSR, as well as the norms of modern criminal procedure legislation. The identified research approach resulted in conclusions on the important role of urgent investigative actions in investigating crimes and ensuring their production by professionally trained actors
Gaps in Russian Legislation. 2020;13(3):225-229
pages 225-229 views

To the question of the procedural status of the legal representatives of minors of victims, witnesses

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

Abstract

The article examines the participation of legal representatives of minor witnesses and victims, identifies practical problems, International legal norms aimed at protecting the rights and interests of minor witnesses and victims are examined in connection with the participation of the legal representative of a minor witness and victim during the preliminary investigation and in court; Consideration is given to the specific rules of criminal procedure relating to the participation of the legal representative of a minor witness and victim, and a comparative analysis of the criminal law. The procedural rules governing the participation of the legal representative of a minor witness and victim, and the rules governing the participation in criminal proceedings of the legal representative of a minor suspect (accused), a list of persons shall be examined, as set out in par. 12. 5 The Code of Criminal Procedure of the Russian Federation, indicating the practical problems encountered in the application of the above-mentioned rule of criminal procedure, also proposes the establishment of the status of the legal representative of a minor witness, Examples are given of investigative practice involving the legal representatives of minor witnesses and victims. The purpose of the study is to study the problem of the participation of the legal representative of a minor witness and of the victim in criminal proceedings, and to strengthen the regulations governing the concept of the legal representative of a minor witness, as well as the rights and obligations of persons representing the legitimate rights and interests of minors in criminal proceedings. The conclusions of the study are formulated provisions and proposed regulation of the newly introduced art. 562 The Code of Criminal Procedure of the Russian Federation and, on the basis of a study, a supplement to art. 12, par. 5 The Code of Criminal Procedure of the Russian Federation, setting out the wording of the article in the authors' own vision.
Gaps in Russian Legislation. 2020;13(3):230-234
pages 230-234 views

Features of the use of special psychological knowledge in criminal proceedings

Akkaeva H.A.

Abstract

Persons authorized to investigate criminal cases face a large amount of information that influences the outcome of the case. However, the legal knowledge that the subjects conducting the criminal proceedings have at a professional level is not enough to establish objective truth in the case. The actions of the victim depend on his psychological characteristics. In this regard, special psychological knowledge is widely used in the criminal process to study the internal regulators of people's actions. In this article, the author identifies the main forms of application of special psychological knowledge, as well as the features of their use in the criminal process.
Gaps in Russian Legislation. 2020;13(3):235-237
pages 235-237 views

Attracting a specialist in participation in investigating the corruption crimes

Gelyakhova L.A., Urusov Z.H.

Abstract

The dynamism of the development of the modern world is reflected in various forms in improving the activities of criminal communities. Crimes of a corruption nature are distinguished by complexity of schemes and multiple episodes. This fact complicates their investigation. The current processes of informatization and digitalization taking place in the Russian state create an opportunity for criminals to commit unlawful acts in new formats. The analysis of these forms requires special knowledge. Given these trends, the involvement of specialists in participating in the production of investigative actions is currently gaining particular importance. The purpose of this study is to analyze the process of attracting a specialist to participate in investigative actions in the investigation of corruption-related crimes.
Gaps in Russian Legislation. 2020;13(3):238-241
pages 238-241 views

The conscience of an investigator or a judge when assessing evidence in criminal proceedings: the moral aspect

Tarasov I.S.

Abstract

Background. The moral and ethical category "conscience" received its legislative consolidation in section 17 of the code of criminal procedure "Freedom of evidence evaluation», thus giving rise to scientific and practical discussions about the possibility of its existence in the criminal process. Scientists-processualists perceive this moral and ethical category in different ways: some of them suggest replacing the category "conscience "with" legal awareness", others - completely remove it from the criminal procedure law, considering conscience a "dead word". The aim of the work is to investigate the possibility and necessity of having the moral and ethical category "conscience" in criminal proceedings and giving a new essential meaning to it, as well as the implementation of the updated category of "conscience" in investigators’ and courts’ work when evaluating evidence. Methods. To achieve the goal, a number of sources were analyzed: scientific literature on the problems of criminal proceedings, works of Eurasians, as well as publications of philosophers devoted to the spiritual and moral foundations of the Russian community. The study is based on comparative legal, systemic and spiritual methods. Results. Two diametrically opposite approaches to understanding the category of "conscience" are studied: Eurasian and liberal. It shows the dangers that are contained in the Western liberal Protestant view of the category of conscience: these are manifestations of arbitrariness, usurpation of truth. An explanation is given for why the Eurasian view of the category of conscience is the correct and only true one for the domestic criminal process. Conclusions. According to the results of the study, the moral and ethical category "conscience" should be in section 17 of the criminal procedure code as an instrument of internal persuasion of the investigator and judge, as well as find its embodiment in the fairness of their decisions. This ethical category will have a Eurasian spiritual and moral nature.
Gaps in Russian Legislation. 2020;13(3):242-246
pages 242-246 views

On the expedience of fixed procedural terms of preliminary investigation and inquiry

Mamedov R.Y.

Abstract

The article substantiates the need to refuse to regulate the procedural terms of the preliminary investigation and inquiry. Analyzing the experience of the past regarding the development of the institution of procedural terms in criminal proceedings, the author comes to the conclusion that the regulated procedural terms of the preliminary investigation established in the 60s of the 20th century are unacceptable in the modern conditions of society, and the expediency and sufficiency of operating with the concept of “reasonable time”.
Gaps in Russian Legislation. 2020;13(3):247-249
pages 247-249 views

The issue of classifying factors which influence international links between the subjects of the Russian Federation and foreign regions

Logvinova I.V.

Abstract

The purpose of the study is to analyze the factors, which determine the current development of the external relations between the Russian Federation and foreign regions. Factors which determine the development of the international cooperation between the subjects of the Russian Federation and foreign regions are considered as the complex of socio-economic, political, geopolitical, mental, historical and other conditions and circumstances which form the bedrock of such cooperation. Factors, influencing international and foreign economic relations at the regional level, are identified, analyzed and classified according to various criteria in the article. Formal-legal, systematic and comparative methods are used. Special attention is paid to the practical aspect of the federal subject's participation in the international relations, based on the data from the Ministry of Foreign Affairs and the Ministry of Industry and Trade of the Russian Federation. While there are a lot of scientific publications on the international activity of the subjects of the Russian Federation and the foreign regions, the issue of the factor classification which affects the activity hasn't been solved yet. International and foreign pacts regulating the issues of the cooperation between regions, Russian legislation and participation practices of the subjects of the Russian Federation in external relations are analyzed in the study. The theoretical significance of the study is in the established criteria and the classification of the analyzed factors. The results can be used to lay the foundation of the federal and regional policy in international policy. A number of suggestions will allow improving the legislation of subjects of the Russian Federation and regional programs in international cooperation between regions.
Gaps in Russian Legislation. 2020;13(3):250-255
pages 250-255 views

Formation of professional police competencies

Kireev M.P., Umayev U.M.

Abstract

The article discusses the formation and importance of professionally specialized police competencies. In law enforcement, not only knowledge gained in specialized educational institutions of the Ministry of Internal Affairs of Russia is important, but also proper knowledge of it. The article notes the statistical aspects of the organizational and moral qualities of police officers who underwent transformation, not an adequate level of competency-based approach to qualification of candidates for the police, regarding the systematization of moral and moral competencies. Purpose: Improving the organizational and legal support of professionally specialized police competencies. In law enforcement, not only the knowledge acquired in specialized educational institutions of the Ministry of Internal Affairs of Russia is important, but also their proper possession. Conclusion: Professional competence is largely determined by organizational and legal aspects, effective managerial activity, the personal potential of the employee, his moral and psychological status, as well as disciplined, conscientious performance of duties.
Gaps in Russian Legislation. 2020;13(3):256-259
pages 256-259 views

The formation of international cooperation in the fight against crime in ancientry

Kolaev A.M.

Abstract

The article considers the formation of international cooperation in ancientry. The study of this segment is caused not only by worldview aspects, perception of the historical development of human civilization, but also by the concept of the origins of modern social and political problems. The author made an attempt to consider, at least only in general terms, almost disappeared for history vector of the formation of cooperation in the fight against crime, between peoples, in the era of the Ancient World. The legends that have been saved till nowadays about the real life of the Ancient World, the presence of custom as the main legal norm, have affected the legal relations of subjects of international relations, which were served not by states but their rulers. It should be mentioned that the "ancient period" is one of the periods that is still being studied by scientists around the world. Legal texts were dependent on translators. Russian documents are distinguished by their folklore character. As V.O. Klyuchevsky notes, is “more likely a work of law than a work of legislation.” [1, p. 328.] In this regard, there are polemic judgments on the history of international relations. The author has studied the most significant works of Russian scientists V. Beneshevich, M.F. Vladimirsky-Budanov, B.D. Goekov, B. Chicherin, A.A. Shakhmatov, S.V. Yushkov et al. The surviving monuments of ancient Russian law are represented by scientists in various editions. The Russian-Byzantine agreements were not preserved in the originals, and are interpreted by scholars with literary compilation. Nevertheless, the agreements that have reached our time, concluded in the 10th century, allow us to note the nascent culture of writing and drafting agreements. In addition, we believe that the treaties of the Russian land with Byzantium contributed to the emergence of the reception of the Byzantine legal culture for the Russian state.
Gaps in Russian Legislation. 2020;13(3):260-263
pages 260-263 views

Peculiarities of legal regulation of mass events in Russian Federation and their classification

Khutuev V.A., Gutaev A.M.

Abstract

The democratic development of the state requires a clear and rigorous observance of the rights and freedoms of man and citizen. One of the important signs of the existence of democratic foundations should be the ability of citizens of this state to freely express their words, thoughts and will, move freely throughout their country, including regardless of the time of day, week, month and year, to engage in entrepreneurial activity, their favorite type sports, art, hobbies. The forms of expression of such freedom can be different: oral and written, internal and external, with and without the use of the media, individual and group, other. Group forms of expression of freedom of speech and thought can be represented in the form of various mass and public events (political, sports, cultural and others). The duty of modern state power is to ensure the safety of citizens and their property during public events. The purpose of this article is to define the concept and types of mass events at the present stage of development of the Russian public.
Gaps in Russian Legislation. 2020;13(3):264-268
pages 264-268 views

The role and importance of prosecutorial supervision over the legislation implementation in the protection field, rights enforcement and legitimate children interests who were left without parental care

Sybankulov E.M.

Abstract

The article reveals the role and prosecutorial supervision importance over the legislation implementation in the protection field, rights enforcement and legitimate children interests who were left without parental care. The implementation problems of prosecutorial supervision and the main obstacles and shortcomings in the child rights protection to receive social support from the state, as well as other property and personal non-property rights, are analyzed. Factors affecting prosecutorial oversight in Russia and Kazakhstan are examined. The scientific research analysis on the rights protecting problems of the child, legislative and by-laws governing the implementation of the child rights to social support by the state is carried out. Proposed solutions to problems in the studied area and the main improving prosecutorial supervision directions in Russia and Kazakhstan.
Gaps in Russian Legislation. 2020;13(3):269-273
pages 269-273 views

Actions by the prosecutive divisions of the criminal executive system in respect of the condemned defending the criminal punishment outside the Russian Federation: problems of regulatory regulation and practice algorithms

Tarasov M.Y.

Abstract

The Federal Penitentiary Service is defined by Decree of the President of the Russian Federation as one of the competent authorities of the Russian Federation, which cooperates in the established manner with state authorities of foreign states and international organizations in the search for persons. The main subject of investigative work in the penal system is the investigative units of the territorial bodies of the FSIN. The article defines the legal basis for the activities of the UIS search units in relation to a convicted person evading criminal punishment outside the Russian Federation, and on this basis the algorithm of actions of the search units of the Criminal Executive System of the Federal Penitentiary Service of Russia aimed at listing and terminating the search (search cases) in respect of a convicted person evading criminal punishment when establishing his whereabouts outside the Russian Federation. The grounds and procedure are determined in various situations of interstate and international search - when a person detained outside the Russian Federation is not a citizen of the state in which his location is established; when she is a citizen of this state; and in the case of detention of persons who are bipatrides, refugees, internally displaced persons or stateless persons. The above results of a comparative analysis of interstate and departmental grounds for terminating the search indicate a significant narrowing and excessive casuism, and in connection with this the incompleteness of the latter and the need to improve them, bringing them into line with the general norms contained, in particular, in the Rules of the competent authorities for implementation the interstate search for persons in 2015, which has a higher legal force as an interstate regulatory legal act. Taking into account the recommendations made may have an effect on the procedure for applying the established grounds for terminating the search, as well as the practice of investigative proceedings.
Gaps in Russian Legislation. 2020;13(3):274-284
pages 274-284 views

Organization of professional education in educational organizations of the Ministry of Internal Affairs of Russia during high-alert mode or emergency situation

Urumov A.V.

Abstract

The article is devoted to the problem of solving organizational and managerial tasks on the operational professional education in educational organizations of the Ministry of Internal Affairs of Russia during the high-alert mode or emergency situations. The creation and development of the legal framework for reformatting the educational process for the period of ensuring the sanitary and epidemiological well-being of the population in the Russian Federation due to the spread of a new coronavirus infection (COVID-19) is considered. The aim of the study is to identify the technology for implementing the distance learning procedure in educational organizations of the Ministry of Internal Affairs of Russia and the algorithm for transferring implementable educational programs of professional education from full-time to part-time using distance learning technologies, as well as the legitimization of such a “transfer” in the local regulatory legal acts of educational organizations of the Ministry of Internal Affairs of Russia. The formulation of the problem under study consists not only in the analysis of the novels of legal regulation of the organization of the transition to mixed and distance learning formats in educational organizations of the Ministry of Internal Affairs of Russia, but also in the identification of technologies (algorithm) for implementing the procedure for such a transition. The study identified two of the most effective technological processes for implementing the distance learning procedure and its legal registration. These are variants with the conditional names “Tyumen variants and “Krasnodar variant”, which embodied the organizational, legal and managerial models of the transition to distance learning at the Tyumen Institute of Continuing professional development of the Ministry of Internal Affairs of Russia and the Krasnodar University of the Ministry of Internal Affairs of Russia for the period of ensuring sanitary and epidemiological well-being of the population on the territory of the Russian Federation due to the spread of new coronavirus infection (COVID-19). In the study, various general and private scientific research methods were used: analysis, synthesis, induction, deduction, generalization, modeling, comparative legal method, systematic method, logical method, formalization and classification, monitoring, expert assessment, etc. As a result of the study, the following conclusions were formulated: 1) in the current sanitary and epidemiological situation in the Russian Federation, the concept of “flexible learning” in educational organizations of the Ministry of Internal Affairs of Russia is relevant and highly demanded, as it effectively ensures the implementation of educational programs using e-learning and distance educational technologies, helps to adapt institutional systems to rapidly changing realities; 2) two models of local legal design and technology for implementing the distance learning procedure have been identified - these are the “Tyumen” and “Krasnodar” variants that have been successfully tested in the Tyumen Institute of Continuing professional development of the Ministry of Internal Affairs of Russia and the Krasnodar University of the Ministry of Internal Affairs of Russia for the period of ensuring sanitary and epidemiological well-being of the population in the Russian Federation due to the spread of a new coronavirus infection (COVID-19); 3) A quick offer by the Department of Public Service and Personnel of the Ministry of Internal Affairs of a specialized sample program leveled many problems of organizing training in the new conditions, routed management decisions, unified and structured educational activities in the current situation.
Gaps in Russian Legislation. 2020;13(3):285-291
pages 285-291 views

Prospects of the development of public administration in the conditions of the creation and functioning of a new social order system

Zelepukin R.V.

Abstract

The presented research is based on the analysis of the draft Federal law "On state (municipal) social order for the provision of state (municipal) services in the social sphere" from the point of view of the prospects of the development of public administration in the conditions of the creation and functioning of a new social order sistem. The draft law expresses the dynamics of the development of the social sphere, which is in the process of reforming. So a legislative act on social service has been adopted, the list of social service providers is being expanded, primarily by involving non-profit organizations and social business entities as social service providers. The development and adoption of this draft law is one of the сentral events in the carried-out transformation of the sphere of public services, providing, among other things, for the development of administrative and legal support. As conclusions, it is noted that the draft federal law on the social order provides for the public administration at all territorial levels - at the level of the Federation, the territioial subject of the Federation and municipal entities. The government of the Russian Federation, as well as the highest executive authorities of the territioial subjects of the Russian Federation and local administrations are given a number of regulatory powers which should be reflected in general acts on detailing and specifying the provisions of the draft law. It is noted that a special significance is attached to a special authority, which is defined by the draft federal law as a competent authority that ensures the current administration of the social order system at one or another territorial level. The draft federal law on social order provides for the introduction of separate administrative and legal measures in the social order system, some of which are integrated into existing mechanisms, and some are consisted in analogues of existing measures. In general, we can allocate the directivity of such measures on ensuring of the openness of information about the social order.
Gaps in Russian Legislation. 2020;13(3):292-297
pages 292-297 views

Concept, structure and content of the administrative legal mechanism of a single window

Sekerbayeva D.K.

Abstract

Purpose To analyze the concept, structure and content of the administrative-legal mechanism of the “single window” in the framework of the theory of law. Design/methodology/approach The research article is devoted to the development of the single window mechanism. The subject of the study is the concept, structure and content of the single window mechanism. The approaches to determining the mechanism of the "single window" are comprehensively considered. The legal relations, norms, as well as the single window institute in the Member States of the Eurasian Economic Union (EEU, Union) are analyzed in the context of the theory of law. Special attention is paid to the prospects for the development of the single window mechanism through the development of a reference model. Social implications The introduction of the legal institution of the single window mechanism into the law of the Eurasian Economic Union and customs regulation as a whole is aimed at optimizing customs operations and simplifying trade procedures. Practical meaning The results of the study are of interest to the customs block of the Eurasian Economic Commission (EEC), can be used within the framework of the EEC Mechanism, ensuring the implementation of the Action plan for the implementation of the guidelines for the development of the single window mechanism in the system of regulating foreign economic activity. The article is recommended to researchers, as well as experts from the customs administrations of the EEU Member States, whose activities are related to the improvement of customs regulation and the modernization of the single window mechanism. Originality/value The research material is based on an analysis of the theory of law and previously published scientific materials on the topic of improving Union law in the field of customs administration.
Gaps in Russian Legislation. 2020;13(3):298-304
pages 298-304 views

Specific features of traffic violations by a person who was previously subjected to administrative punishment

Zhilova M.V.

Abstract

The life of a modern person is inextricably linked with the use of vehicles, which has long ceased to be used only in the professional sphere and contributes to the mobility of people everywhere. The magnitude of the constant use of vehicles leads to situations where people, despite the relevant legislative prohibitions, allow the vehicle to be driven regardless of their condition. Unlawful acts in the field of traffic are currently a common phenomenon that poses a serious threat to the development of Russian society and the state. In this context, the need to improve the mechanisms for countering these criminal acts, especially when it comes to driving while intoxicated or in the case of repeated commission of these violations, significantly increases. The purpose of this work is to identify specific features of traffic violations by a person who was previously subjected to administrative punishment, based on a study of current Russian criminal law and law enforcement practice. The author comes to the conclusion that it is mandatory to take into account, when counteracting these violations of the rules of the road, specific features identified, due to their reflection of the essence of the analyzed illegal act. Emphasis is placed on public danger and the serious scale of the negative consequences of road accidents caused by drivers who are intoxicated, as well as the significant risks that arise in the event of an intentional refusal of drivers to undergo a medical examination. It is noted that the repeated commission of gross violations in the field of traffic after bringing to administrative responsibility demonstrates the ineffectiveness of the previously imposed penalties.
Gaps in Russian Legislation. 2020;13(3):305-308
pages 305-308 views

To the question of the formation of intercultural communication to maintain intercultural relations

Sabanchieva A.K., Karchaeva S.H., Bezrokova M.B.

Abstract

Legislatively, the Russian Federation is recognized as a multinational state, which stipulates the necessity to maintain the intercultural relations. In this regard, special importance is attached to the formation of intercultural competence, which allows to build a productive speech interaction, to observe the basic norms and rules of speech during communication. The article analyzes the essence of intercultural communication and makes a conclusion that it is a powerful incentive not only for communication, but also for the intellectual development of a person.
Gaps in Russian Legislation. 2020;13(3):309-311
pages 309-311 views

Some measures to counter the leaders of professional and organized crime: the ratio of concepts and features

Brezhneva K.V.

Abstract

The author of this article analyzes the concepts and characteristics of organized and professional crime, their ratio. The article discusses the personality characteristics of leaders of organized criminal groups, the specifics of «thieves’ ideology», individual measures for the prevention of the occupation of higher crime position and counteraction to criminal authorities, «thieves in law» in prisons, given the historical approach to understanding this problem.
Gaps in Russian Legislation. 2020;13(3):312-316
pages 312-316 views

Treatment duty scheme when applying criminal law preventive measures socially significant (dangerous) diseases: problems and solutions

Vorobyova I.V.

Abstract

The article is devoted to the application of criminal law measures for the prevention of socially significant (dangerous) diseases. The author focuses on the regime of the obligation to undergo treatment when applying these measures. The results obtained made it possible to identify a number of problems in the legislative regulation of its provision and to make proposals aimed at eliminating them.
Gaps in Russian Legislation. 2020;13(3):317-320
pages 317-320 views

Legal regulation of criminal responsibility for inclusion to performing suicide

Fedorinov A.G.

Abstract

Starting from 2016, the Criminal Code of the Russian Federation (hereinafter: the Criminal Code of the Russian Federation) contains a corpus delicti that provides for liability for inducing suicide or facilitating its commission (Article 110.1 of the Criminal Code of the Russian Federation). However, the responsibility for such acts has long been known to the laws of many foreign countries, including the countries of the Commonwealth of Independent States (hereinafter: CIS). Of interest is a comparison of the constructions of the corresponding criminal law prohibitions with the current version of Art. 110.1 of the Criminal Code.
Gaps in Russian Legislation. 2020;13(3):321-323
pages 321-323 views

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