卷 13, 编号 6 (2020)

Based on the analysis of a wide range of sources, this article presents the author's position on the characterization and assessment of the trend of humanization of the national law of the Russian Federation in the General and legal processes of globalization. Russian law, acutely reacting to globalization, shows both the tendencies inherent in modern law as a whole, and the consequences that reveal the dialectic of unity and struggle of opposites against the background of the current and iconic crisis of revolutions, which the author considers appropriate to speak about in view of the permanent viral proclamation of "transition periods". Formally and legally justified trends of humanization in Russian realities naturally lead to the question: humanization for the sake of man, or man for humanization?

This article presents and describes human rights risks at the international universal level. The relevance of the research is mediated by the strategic objectives of creating an unshakable human rights status of the Russian Federation. This implies the existence of a solidary and secure human rights space, creatively supported by all the resources and means intended for this purpose, including international law. To identify the stated human rights risks, the authors analyzed the institutions of the international system for the protection of human rights and freedoms, as well as the procedures and norms that define them. It is established that by the parameter of the role of the state in the emergence of international human rights risks, we distinguish between their direct and indirect varieties. In the diversity of species, almost all human rights risks of a universal level are correlated with General trends in international law.

The article examines the theoretical issues of implementing of social commerce through the prism of legal risk assessment of consumers involved, where social commerce is understood as electronic sales (e-commerce) using social networks to support social interactions and user participation on the principle of “words spread from mouth to mouth”. Among these risks the author points out the problem of obtaining complete and reliable objective (neutral) information from various sources (bloggers, influencers, etc.), which causes concerns similar to those that arise in connection with the functioning and application of smart contracts in the blockchain, and the danger of concluding contracts that have traditionally been qualified by many legal systems as “contracts concluded on the go” (impulse buying) in the light of the idea that social commerce is positioned as being aimed at instant gratification of the user's needs, desires, and interests that have arisen during the use of the social network. Legal and other ways to overcome these risks are considered (for example, the possibilities of a new subscription economy, etc. Scientific novelty is determined by the goal of the article itself and the range of issues under consideration. The conclusions reached by the author are, in particular, that it is established that if the requirements for advertising placed online relate to its completeness, reliability and objectivity, fix measures of responsibility for advertisers, then the rules for conducting online trading and commerce include simultaneously with such provisions prohibitions of unfair practices and misleading advertising, as well as criteria for their qualification, etc.

The processes taking place in the modern world allow us to say that interstate integration is actively developing, and as a result, similar processes are observed in the sphere of law. In this regard, it is clear that there is a need to reflect and identify general trends in the transformation of Russian legislation under the influence of integration processes. This article attempts to identify the relationship between legal and economic integration, to determine the role and place of the EAEU integration processes in the ongoing changes in Russian business legislation, and to formulate proposals to improve the effectiveness of legal integration. First of all, it is necessary to understand the nature of the process, and the historical, legal and economic aspects of integration within the EAEU are monitored and analyzed. In addition, the results of a detailed analysis of both the regulatory component, in terms of the regulation of economic spheres, and the positions of a number of researchers of integration processes, which allowed to draw an unequivocal conclusion about the high degree of influence of the EAEU integration processes on the business legislation of the Russian Federation. Trends in the impact of the EAEU Court on legal integration and, as a result, on the transformation of Russian law have also been revealed. The opinion formulated proposals to improve the effectiveness of legal changes in the sphere of business law of Russia in connection with the integration processes of the EAEU, as well as the opinion on the need to consider the issue of giving the EAEU Court the power to resolve disputes of economic entities of the EAEU member states (international arbitration court). Attention is also drawn to the need for closer cooperation between national executive, legislative, judicial and law enforcement authorities.

Purpose of research. The article presents the results of research on the legal nature of social entrepreneurship as a new legal phenomenon that emerged at the intersection of business and social legislation, and proved its relevance in the context of socio-economic crises in recent years. The article considers the essential features of social entrepreneurship that distinguish it from classical entrepreneurial activity, as well as other legal institutions that are close to social entrepreneurship in their content. Conclusions. A more precise description of the nature and properties of social entrepreneurship, its difference from similar concepts in content or sound, is presented. This analysis allows us to draw intermediate conclusions about the effectiveness of the current legislation, as well as formulate proposals for improving its regulatory legislation.

The article examines the features of the public procurement system in the People’s Republic of China, highlights the key provisions of the legislation. The priorities of the state policy of the PRC in the field of public procurement were noted. Chinese legislation contains a number of provisions that can be taken into account when improving Russian legislation. The Chinese legislation, in contrast to the Russian, is more laconic, does not have a reference character, etc. In connection with the foregoing, it is obvious the urgency of further conduction a comparative legal analysis of the legislation of the People’s Republic of China and the Russian Federation in the field of procurement. Purpose: To identify the similarities and differences in the conduct of financial control, as well as the application of measures of responsibility for crimes in the implementation of procurement activities in the Russian Federation and the People’s Republic of China. Conclusions obtained in the course of the study: The laws of both countries indicate the forms of financial control. The PRC legislation governing procurement reflects the types of violations and measures of responsibility for violations in the field of procurement, while in Russia the types of violations and measures of responsibility are specified in the Administrative Offenses Code of the Russian Federation and the Criminal Code of the Russian Federation. In Russian legislation, an incomplete list of terms is indicated, in contrast to the legislation of the PRC, etc.

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.

The purpose of this article is to show the criteria for differentiating inducement to commit suicide or assistance to commit suicide (article 110.1 of the criminal code of the Russian Federation) with other crimes (incitement to suicide; organization of activities aimed at inducing suicide; involvement of a minor in committing actions that pose a danger to the life of a minor). Conclusions obtained in the course of the study. Based on the results of this study, recommendations are formulated for the qualification of the above-mentioned acts. The scientific significance of the publication is that it makes a certain contribution to the development of the theory of criminal law on countering suicidal phenomena that are widespread in the Russian Federation. The practical significance of the article is that it offers recommendations on the qualification of acts under article 110.1 of the criminal code of the Russian Federation, which will contribute to the correct application of this criminal law norm.

This article is a continuation of the series of articles on the draft of the new Criminal Code, developed by the author on the basis of the 35-volume Encyclopedia of Criminal Law published by us, in the writing of which more than 300 scientists from Russia and other countries take part, and the author's study of more than 100 foreign codes ... The concept of the draft of the new code and the first five chapters were published in numbers 4,5,6 for 2017 and 1,2,3 for 2018 of the journal "Library of Criminal Law and Criminology", the sixth chapter - in the 2nd issue, the seventh - in the 3rd and 4th issues for 2018, the eighth chapter - in the 1st and 2nd issues for 2019 of the "Journal of Legal and Economic Research", 3-7 for 2019, 1-3, 4 -5 for 2020. This article is devoted to the fifteenth chapter of the Draft of the new criminal code. It examines crimes against the foundations of the constitutional order and state security.

The author of the given article attempts to bring to the scientific discussion new problem- the problem of victimological aspects of digitalization of the modern society. Trying to emphasize the cross-sectoral nature of this problem, the author aims to stress the issues of protection and security of victims of a crime in the conditions of the total digitalization of the society. The research of the problem defines the parity and dualistic nature of the digitalization of the society as an main object of victimological research,at the same time it states that victimological research of the digitalization should be based on the broad concept of "the victim of crime", and its operationally narrow meaning can be applied only for specific types of the computer -related crimes. On the one hand the author figures out that the process of the digitalization is a process of digital innovations, and on the other hand it is a virtual system where both individuals and communities, and also high technologies and computer programs are faced to risks and vulnerabilities. Therefore, the digitalization is a new opportunity for the future generation and at the same time a factor of their subsequent victimization. According to that the author proposes to establish a strict control over digital technologies and to create a specialized body that along with control functions will provide advice and training to the potential victims in order to prevent their victimization in the digital environment. Purpose: to study the impact of the digitalization on the society and nations, to reveal its victimological aspect, to define the victim’s starting point in the digital environment,to identify the specificity of the factors contributing to the victimization and to suggest different ways of ensuring victimological security in the digital society. The research is based using the following methods and techniques of the scientific knowledge: historical, logical, comparative methods, statistical analysis, specific sociological methods: informal conversations with specialists, interviews of victims of crimes of the information environment. The scope of the results. The results of the research can be used in the way of prevention from crimes and law violations in the information environment, in the development of program measures to counteract them, in the pedagogical practice of higher educational institutions, as well as in the educational process on the law faculties.

Preventive measures are one of the main areas of crime prevention in the modern world. Effective investigation of criminal acts has a positive effect on the fight against crime in general. In this context, crime prevention among the most vulnerable categories of the population is of particular importance. Such persons include citizens in correctional institutions. Penitentiary crime and its development is a serious problem not only for correctional institutions, but also for Russian society as a whole. As a rule, persons who commit crimes while serving their sentences retain these unlawful intentions after release. The prevalence of unlawful behavior in the penitentiary system is the result of the improvement in criminal activity in Russia as a whole. The purpose of writing a research paper is to analyze the current crime prevention mechanisms in Russian correctional institutions, identify existing problems and determine priority ways to solve them. The author comes to the conclusion that it is necessary to improve preventive activities in relation to crimes committed in correctional institutions, taking into account the identified vulnerabilities of the Russian penal system and the dynamism of the development of criminal communities. Attention is focused on the importance of a high level of professional knowledge and skills of employees of correctional institutions and the need for engineering and technical support of the process of serving sentences by convicts.

Task: to define the concept of drug addiction as an element of the club subculture, to consider and evaluate the effectiveness of restrictive measures taken by the state during the pandemic, to study the impact and influence of coronavirus infection COVID-19 on drug addiction, as an element of the club subculture. Conclusions: this article defines the concept of drug addiction as an element of the club subculture, analyzes the influence of coronavirus infection COVID-19 on drug addiction, as an element of the club subculture, establishes the insufficiency of measures taken by the state to combat drug addiction, as an element of the club subculture in COVID-19 conditions. Significance: the analysis carried out in the framework of this study can be used in further research on this topic, as well as in the framework of improving measures to combat drug addiction, as an element of the club subculture.

In this article, the authors consider the procedure for involving an expert as a participant in criminal proceedings at the stage of preliminary investigation and trial. The involvement of an expert as a participant in the criminal process is not necessary for every stage of the consideration of the case, however, this participant plays a key role when considering controversial issues and allows you to bring the truth into the criminal case. By examining the conclusions given in the expert's opinion, it is possible to establish the person's attitude to the crime committed, even if there is no other evidence in the criminal case. When an expert is involved in a criminal process, there is a procedural procedure for such involvement, as well as a form for formalizing the results obtained from an expert, which is an “expert opinion”. When drawing up the expert opinion itself, there are also rules and features that are regulated by the research production methods. This is the subject of this article. In addition, it is worth finding out who can be involved as an expert, what documents must confirm the status of an expert and in which departments the activities of expert services are organized. Objective: - study of a legal issue related to the involvement of an expert in the process of criminal proceedings, with the possibility of further use of the data obtained when making a final decision in a criminal case. Work tasks: - studying the concept of "expert" to establish the limits of participation in criminal proceedings; - study of the norms of criminal procedural law governing the involvement of an expert as a participant in criminal proceedings; - Consideration of issues within the competence of an expert and registration of the results of involving an expert in criminal proceedings.

The article highlights the conditions associated with the establishment of essential circumstances, provided by the law of evidence, and the conditions associated with the expression in the criminal process of the legal position on the termination of the criminal case and criminal prosecution by the participant. On the basis of the classification of conditions and the thesis on the content of the legal base for the termination of a criminal case, which was previously justified in the theory of criminal procedure, proposed in the article, the author proposes a doctrinally new concept of a discretionary criminal procedural basis for termination of a criminal case and criminal prosecution.

Purpose of research. In the article the questions of crimes against sexual inviolability and sexual freedom of minors and juveniles, statistical data, provides information of the American psychiatric Association (DSM-IV), which gives the medical definition of pedophilia (as recurring sexual fantasies, impulsive desires, or behaviors involving sexual acts with minors and minors, including those under the age of puberty), was given the tracking characteristics of the perpetrators of sexual crimes, describes the main article, related to crimes against sexual inviolability and sexual freedom of minors and juveniles, in accordance with the Criminal code of the Russian Federation in connection with further investigation and disclosure of crimes committed for sexual motives, involves the implementation of initial investigative actions and operative-investigative measures to establish the whereabouts and the identity of the offender, considers developed practice of operational-investigative counteract sexual offences, the concept of sexual interest on the part of a criminal to a potential victim, the procedure for collecting material evidence, the promotion of working versions, the organization of involvement in order to solve operational problems, the involvement of the media is given. Conclusions: As a result of the research, the author comes to the conclusion that it is necessary to study the nature and personality of a person who commits sexual crimes against minors and minors in more detail in order to carry out effective prevention of such crimes. The author concludes that in the operational-search support for the disclosure of sexual crimes against minors and minors, employees of operational divisions carry out operational-search activities aimed at identifying the identity of the criminal.

Forensic examination of documents is one of the most demanded areas of forensic examination today. The level of development of science and technology requires experts to master new knowledge from related sciences, incl. materials science, and the development of new methodological approaches in solving the assigned tasks. Classical approaches often do not give the desired effect and the production of expertise becomes more like a scientific research, associated with the solution of heuristic problems, the search for fundamentally new approaches, the analysis of features that have not been given due attention before. A paper-based document is an object of a complex material nature. Elements of a complex composition of paper and dyes interact with each other and with various environmental factors, form a special trace pattern that constantly changes over time. This important feature of documents opens up new opportunities for solving a whole range of examination sub-tasks and individual expert problems. The article raises general theoretical questions of the study of documents that have undergone changes as a result of the impact of various environmental factors. A list of tasks to be solved is provided.

He article discusses the features of investigative actions in the Arctic. The purpose of the study is to establish and identify the features of investigative actions in the Arctic zone of the Russian Federation. This is necessary for the quality of preliminary investigation of crimes committed in the Arctic territory in order to protect the rights and freedoms of citizens. Conclusions. As a result of this study, the authors propose: to create an independent investigatory management SK of the Russian Federation in the Arctic zone of the Russian Federation; to consider when carrying out search-educational, investigative and legal actions in the Arctic features climate-geographical, social, organizational, procedural and technical-criminalistic nature; to include in the composition of forces and means of using special icebreaker vessels, vessels of icebreaking type; to use the forensic technique of satellite communication; to attract specialists and experts from military units and also develop mobile criminal investigation groups; to form in educational institutions of legal profile, including in the Military University MO RF program on preparing and conducting inspections of the water surface and the mainland and archipelagos of permafrost, snow and ice cover, and investigations in the Arctic; when conducting inspections, use topographic, sea maps, satellites, balloons, unmanned aerial vehicles, and robotic equipment that allow for both discrete and conventional surveys; it is proposed to strengthen the forensic equipment of investigative units with positioning devices for determining coordinates by translating them from quasi-coordinates; use indirect methods of conducting investigative actions with reconstruction of the situation; use in verbal investigative actions telecommunications forensic software systems in the video conference format, using identity authentication tools.

This article examines the issues related to the sources of administrative coercion norms in the old Testament legislation by analyzing the main provisions of the book of Leviticus of the mosaic Pentateuch. In many ways, this book is a source, first of all, of the religious and legal order, and is related to the system of state administration. But at the same time, such a provision of legal prescriptions characteristic of the Hebrew society becomes the normative basis for many other systems, including administrative ones. Since the law itself includes coercive measures, this feature can be seen in the very first normative act on earth, namely the old Testament. Of course, these regulations are simple in their structure, in the way they are presented, and in the subjects to which they are directed. But already at this stage of the birth of the institution of law, we can conclude that they are necessary both for public administration and for citizens themselves. And fixing at the very beginning of the Bible suggests that the first people on earth had a need for ordering various actions and in combination with morals, life values and culture.

The purpose of this study is to analyze the nature and content of the risk of committing an act of illegal interference both at transport infrastructure facilities and at transport facilities, as well as to reveal its dual nature. Where we compare the subjective and objective components, the dangers (threats) and expectations of a significant socio-economic effect, multi-variation in solving the tasks and deviation from certain actions in achieving the goals. The article also presents the risk classification of vehicles used in activities of territorial bodies of the MIA of Russia on transport, consisting of risk protection of property from criminal attacks and risk of committing acts of unlawful interference, which in turn has a branched structure, which includes the risk of inaction, risk of a wrongful action, the risk of a terrorist act. Each of them is detailed and contains its own subspecies of risk. For effective risk management, it is proposed to use a risk passport, the content of which consists of an area, criteria, and measures to minimize risk. The article pays special attention to the consideration of the risk of committing a terrorist act on railway rolling stock, which is detected by the patrol service when patrolling and conducting operational search activities. The main tools for minimizing this type of risk are prevention, observation, orientation, warning, inspection and inspection with the use of technical means, information, the use of service dogs, and the use of drawings. The article also presents the features of the transport complex.

Violence that is used against persons who are engaged in full-fledged state-management activities in public authorities, and in local governments that perform various state and public functions, should be seen not only as violence or the threat of its use against a person who is engaged in political activities, a member of society, but primarily as an attack on state authority. The main purpose of this study is to conduct criminal-legal and criminological analysis of violence against a person engaged in political activity, representative government, citizen companies, as well as the development of programmes and proposals on improving prevention activities. Also, the purpose of this work is to develop a system of preventive measures aimed at preventing, eliminating, or minimizing the consequences of committing crimes against government officials. The main role in this direction is assigned to economic, political, social and organizational measures, but we have proposed a new set of preventive measures that could be used in their practical activities by law enforcement officers. To improve the effectiveness of measures to prevent offences in this area, proposals for improving the criminal legislation, and a proposed adjusted revision of article 318 of the criminal code providing for the imposition of liability for the use of violence against individuals engaged in political activity.

Despite major changes that have occurred in the structural and systemic development of law enforcement agencies, especially in the activities of law enforcement officers in connection with the entry into force of the Federal law "on the police", the significant role of the Prosecutor's Supervisory function as a means of ensuring law and order in the fight against crime has remained. Given the fact that in 2007, investigators separated from the Prosecutor's office system and formed an independent structure of the Investigative Committee of the Russian Federation, the power of supervising the activities of investigators was differentiated, and the supervision of investigative bodies in the field of ensuring the fight against crime became dominant. The production of Prosecutor's supervision over the activities of bodies of inquiry is so significant that we can talk about the emergence of such a concept as "Prosecutor's inquiry". The procedural activity of investigative bodies in the field of crime prevention is determined by the nature and degree of Supervisory activities carried out by the Prosecutor's office. In this regard, we consider it necessary to conduct a study of the quality of the activities of the bodies of inquiry, to identify existing problems, if necessary, the relationship with the Prosecutor's office, in order to develop proposals aimed at improving the criminal procedure legislation in the field of procedural Prosecutor's supervision of the investigation.

The problem of ensuring intra-family security in the modern world has gone beyond the boundaries of a separate state, as the implementation of the fight against crime in family relations has become a promising strategy for ensuring and protecting human rights, uniting all state entities. Research in the field of family violence is a dynamically developing area that attracts the attention of many scientists. Deformation of family values, changes in functional orientation, androgynous nature of relationships in the family, changes the existing stereotypes of family relations. The purpose of the research is to formulate a General idea of such a social phenomenon as intra-family criminal violence, analyze all the problems that gave rise to this phenomenon, create a stable social base for effective response to the considered destructive phenomenon, and form a unified state policy aimed at maximizing the protection of families and children based on a steady legislative regulation of all activities.

Ensuring state protection of individuals and officials involved in the prosecution's procedural activities is the basis for implementing legal and organizational procedures for preventing and preventing threats against individuals and their property. The process of implementing the measures provided for by the legislation is entrusted to a certain number of officials and special state protection bodies. The article deals with the problems associated with the process of ensuring state protection of persons acting in criminal proceedings on the part of the prosecution. The object of the research is a set of social relations that develop in the process of implementing criminal procedure methods for protecting all participants in pre-trial proceedings and judicial proceedings on the part of the prosecution, in order to ensure their personal and property security. The main goal and the actual area of study is, the order of the functions of criminal procedure evidence, and the adoption of certain decisions to improve the mechanism of state protection of all participants in the procedural action by the charges in the adjustment of legal regulation of factual and legal basis of the implementation procedures of state protection of parties to the proceedings, as well as making certain proposals to improve the law enforcement practice officials.

The author analyzes problems of formation and interpretation of the concept of a digital trust environment during the development of new technologies. The Russian and foreign approaches to defining the concept of a digital trust environment are analyzed, as well as approaches to establishing its key components. The purpose of the research is to determine the social role of trust through a comprehensive analysis of existing scientific concepts and to form a comprehensive definition of the digital trust environment. The author describes historical and philosophical concepts of understanding the concept of trust and its role in the existence of society and the state. A new definition of the concept of a digital trust environment is proposed. Understanding the concept of a digital trust environment is necessary to create a paradigm of trust in the digital environment and to create an appropriate law in this area. Results. The author makes a conclusion that the digital trust environment can be defined as the infrastructure of public relations that provides identification and authentication of subjects and objects, confidentiality and data security, as well as a high level of protection and protection of the rights of subjects of digital relations. The formation of the concept of a digital trust environment is the result of the informatization and globalization of society, but understanding the concept of a digital environment trust is impossible without a preliminary analysis of philosophical and ethical ideas about trust and related categories (faith, confidence, security, etc.). Due to the comparison of Russian and foreign approaches to defining the concept of a digital environment trust and establishing its key components the Author concluded that the digital trust environment is widely understood abroad as a general principle of secure cooperation. In Russia, the meaning of the concept of a digital trust environment is reduced to identification and authentication of subjects of public relations in the process of electronic interaction.