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Volume 13, Nº 4 (2020)

Articles

Obzor konferentsii

Berova J.
Gaps in Russian Legislation. 2020;13(4):21-22
pages 21-22 views

Radicalism and extremism as a real threat to the state security

Shhagapsoev Z.

Resumo

The purpose of the work is to study the problems and tasks of ensuring the state national security by combating radicalism and extremism. Objectives of the investigation: to study the role of the world community in countering radicalism and extremism, which is carried out by international bodies and organizations - the UN, the Council of Europe, the International Organization of Experts, Interpol. The problem of extremist crimes analysis is the complexity of its classification, which makes it difficult to choose a single set of measures to localize this phenomenon. Conclusions: measures to counter the spread of the ideology of radicalism and extremism also include preventive ones aimed primarily at youth audiences, which should be taken through electronic media - social networks, websites, content - through theological broadcasts exposing the content of radicalism and extremism true goals. It should also be noted that in order to prevent radicalism and terrorism, it is advisable to carry out actions in several areas - prevention, detection and suppression of extremist actions committed against state, public and other figures. And for this it is necessary to carry out work aimed at popularizing the traditional cultures of the peoples inhabiting the Russian Federation; to strengthen the activities of the National Anti-Terrorism Committees, prosecutors, law enforcement agencies in the constituent entities of the Russian Federation, as well as to intensify monitoring activities to identify radical ideologies in the Internet space and suppress its dissemination; to conduct informational awareness-raising activities aimed at the de-radicalization of young people, with the involvement of former radicals deceived in their hopes, etc.
Gaps in Russian Legislation. 2020;13(4):23-26
pages 23-26 views

Impact of criminal subculture on the formation of anti-social behaviour among young people

Tarchokov B.

Resumo

The aim of the study was to study the problems and mechanisms of the formation of a criminal subculture as a product of criminal anti-social behavior and its impact on young people. Objectives of the study: today on the Internet and social networks the influence of criminal subculture has become so widespread that it has become one of the main causes of offences committed by minors. In this light, one of the main social tasks is to find ways to reduce the increase in crime, especially among young people, and to increase the effectiveness of their prevention. The study of the causes of anti-social behavior among young people has revealed such factors as marginalization and criminalization, which have led to the formation of a criminal subculture among minors, and, worst of all, more and more young people are being drawn into this sphere, new forms of organization of youth criminal subcultures are emerging. Conclusions: the spread of criminal subculture and its anti-social behavior pose a danger not only to young people, but also to society as a whole. That is why today the issue of countering this phenomenon and preventing the involvement of young people in criminal subculture is particularly acute. And both the State and society must come to help resolve this issue, on whose active and coherent actions the success of the event will depend.
Gaps in Russian Legislation. 2020;13(4):27-30
pages 27-30 views

Victimological aspects of crimes of terrorist nature

Aripshev A.

Resumo

In the presented article, the concept of “ideology of terrorism” is analyzed and the essential characteristics of this category are formulated. The author investigated modern methods of combating the ideology of terrorism in the Russian Federation, formulated recommendations on the basics of organizing a system of these methods and determined the most effective of them. A deep, comprehensive and thorough study of the personality characteristics of victims and their behavior, pre-criminal situations that contributed to the commission of terrorist acts, other criminological aspects of the crimes under consideration serves as a reliable basis for developing more effective measures to prevent terrorism. This article does not pose the task of studying the personal properties and qualities of victims of terrorist acts, their behavioral reactions before, during and after the commission of crimes, etc., but this analysis, of course, is necessary. The only thing to pay attention to in this case is that among the victims of terrorist attacks as compared with victims of other crimes there are few who can be called "vicious", "guilty", provoking a crime. According to researchers, since the end of the last century, the number of victims of terrorism has undoubtedly increased. The leaders of law enforcement agencies annually confirm the instability of the criminal situation and the high degree of threat of terrorist acts around the world. This is confirmed by information on the number of terrorist acts carried out by members of gangs in recent years, as well as the results of counter-terrorism activities. The number of victims of terrorist acts, as well as the “price” of such consequences should supplement the total data on the results of the fight against terrorism.
Gaps in Russian Legislation. 2020;13(4):31-33
pages 31-33 views

Political context of modern types of religious fundamentalism

Cherkesov S.

Resumo

The article considers the formation of religious fundamentalism as an ideological trend and the response to the factors of globalization in the world, the prerequisites and features of its formation in modern conditions. An analysis of theoretical approaches to the essence of religious fundamentalism, its social manifestations and consequences is undertaken. The author draws attention to the features of the functioning of Islamic fundamentalism, its extremist trends, the connection of radical Islamic fundamentalism with the spread of fanaticism, the use of Islamic radical fundamentalism as an ideology by extremist and terrorist organizations. Considering Orthodox fundamentalism, it is noted that it is quite closely connected with the state policy of the country, which vividly confirms both domestic and foreign policies of Russia in recent years. The interaction of politicians and the church acquires the meaning of the revival of Orthodox spiritual culture in order to fill the ideological vacuum that appeared after the collapse of the USSR and the fall of the ideology of communism. Broad media coverage of the activities of politicians in the Orthodox Church is aimed at disseminating among the people opinions about the integrating function of Orthodoxy, about the special identity of the Russian people and the special mission of the Russian state. The Orthodox Church, thereby, has a positive effect on the perception of the people of the ruling power, becoming its political symbol. As a result, the author concludes that radical Islamic fundamentalism enjoys the support of radical Islamic groups by manipulating the ideas of equality, transforming the leaders of the fundamentalist doctrine into spokespersons for the interests of social classes, dissatisfied with the influence of the West as a whole and the results of Western modernization in particular.
Gaps in Russian Legislation. 2020;13(4):34-36
pages 34-36 views

Countering the use of Internet resources in the dissemination of deliberately false information (fakes) during periods of aggravation of the socio-political situation on the territory of the subjects of the North Caucasus federal district

Golyandin N., Verhovetskiy I., Sheriev A.

Resumo

The article discusses the issues of law enforcement agencies in suppressing the spread of knowingly false information on the Internet during periods of aggravation of the socio-political situation in the territories of the North Caucasian Federal District.
Gaps in Russian Legislation. 2020;13(4):37-40
pages 37-40 views

Increased activity of extremist organizations and terrorist groups in the context of the coronavirus pandemic

Burayeva L.

Resumo

The article deals with topical issues related to the growth of terrorist activity and the activation of extremist manifestations in the context of the coronavirus pandemic. The author notes that extremist organizations and terrorist groups seek to use the outbreak of infection to implement their ideology, spread chaos, terror and panic. New methods of subversive activities of criminal groups, facts of terrorist attacks committed by militants exploiting the pandemic coronavirus are presented. It is noted that the suspension of international anti-terrorist operations and the General focus of the world on fighting the spread of infection will subsequently lead to an increase in extremism and terrorism in the modern world.
Gaps in Russian Legislation. 2020;13(4):41-44
pages 41-44 views

Prevention of extremism among the adolescents: pedagogical aspect

Dadova Z.

Resumo

The object of research is the upbringing and the socialization features of adolescents. The subject of the study is the methods and techniques of organizing the educational process aimed at the extremism prevention in the teenage environment. It is known that adolescents are the most vulnerable layer of society. Characteristic features of this category of young people are considered in the article. The author notes that most members of extremist movements are young people. The importance of preventing extremist behavior in adolescence is also explained by the ability to correct the beginning deviation in young people. The article studies the best ways to educate adolescents, aimed at preventing extremist behavior. The role of educational organizations, public associations and social institutions in the formation of a full-fledged personality of a young man, not influenced by various currents, able to withstand all kinds of extremist manifestations in society is analyzed in the paper. The features and problems of young people education and socialization are studied. Recommendations on improving the educational process are given. Most of the problems raised in the process of preventing extremism in the teenage environment can considered on the basis of a consistent and integrated approach. In particular, the author notes the need to combine efforts made by public organizations. Instilling the basics of tolerance plays a paramount role in the process of education. It is possible to do this by organizing tolerance lessons and educating young people. Educational, propaganda measures taken in relation to adolescents at school should be accompanied by active preventive work of public authorities. The author concludes that it is necessary to develop a mechanism for the interaction of teachers with public organizations for a more correct choice of methods and approaches to educate anti-extremist behavior of adolescents.
Gaps in Russian Legislation. 2020;13(4):45-47
pages 45-47 views

Modern extremism and terrorism as a real threat to security in Russian society

Zhamborov A.

Resumo

This article discusses the features of modern international extremism and terrorism in modern conditions. The author notes that the tragic consequences of highly resonant crimes of this nature of recent decades cause a real threat to the security of society and the state, which in turn requires, as one of the priorities, effective, legal regulation of the fight against these negative social phenomena. As the scale and wide geography of resonant crimes of an extremist and terrorist nature show, these crimes can potentially threaten almost any country, regardless of the level of social, economic development, state structure and military potential of the state. Therefore, the prevention of combating criminal activities of an extremist and terrorist nature should be systematic and continuous, covering all levels and areas of regulatory regulation, based on a nationwide set of countermeasures aimed at suppressing these types of crimes, as well as improving the practice of applying anti-terrorism and anti-extremist legislation. In this connection, in addressing the priority tasks of combating extremist and terrorist activities, it is necessary to rely on international experience, as well as joint, systematic and coordinated activities that allow developing a single set of preventive measures to prevent and an effective mechanism to counter international extremism and terrorism. In accordance with international treaties and agreements, the Russian Federation cooperates with many foreign states, which increases the effectiveness of comprehensive countermeasures against illegal activities of an extremist and terrorist nature, this interaction is carried out through bodies and services, as well as international organizations whose activities are aimed at prevention, suppression and the fight against these crimes. Law enforcement agencies, special services of both Russia and foreign countries are increasingly joining their efforts to develop effective measures to prevent, suppress and neutralize the activities of international extremist and terrorist organizations.
Gaps in Russian Legislation. 2020;13(4):48-51
pages 48-51 views

Network factors for the formation of extremist installations in youth

Kurashinova A.

Resumo

Nowadays for millions of people the Internet has become perhaps the main source of information, entertainment, a "platform" for self-expression and self-affirmation, a source of income. But along with its main informational function, it also performs the functions of enlightening education and the worldview formation. The aim of the article is to study the negative impact of information resources on the worldview, namely on the attitudes of young people. The relevance of the article is determined by the fact that today extremism is gaining an alarming scale and has a devastating effect on the fate of mankind. The article gives a general definition of the concept of «attitudes», as well as separately examines the essence of extremist attitudes. The object of the research is the process of forming extremist attitudes among young people. The subject of the study is the analysis of network influences on the formation of extremist attitudes among young people. The author analyzes the system of factors influencing the formation of extremist attitudes among the younger generation, and separately considers network factors that are a prerequisite for their occurrence. The author concludes that network influences on the formation of extremist attitudes among young people are intensified due to socioeconomic problems in society, the lack of a balanced state educational policy observed at the present stage of the family crisis, and poor control of network resources by state and law enforcement agencies. In conclusion, the author emphasizes that the problem of network influences on the process of forming extremist attitudes among young people cannot be solved only by private prohibitive measures. It requires an integrated approach, the development of a focused state policy and the participation of the state and social institutions, including systems of general, higher and additional education, with the support of the family and society.
Gaps in Russian Legislation. 2020;13(4):52-56
pages 52-56 views

To the question of the origins of terrorism

Koblov F.

Resumo

Terrorism is not a new phenomenon, and it has not emerged today. The author tries to analyze and recreate centuries-long transformation of terrorism from its origins to the present day. Terrorism has its origins in the distant historical past. As the stated arguments the author cites the events that took place in the distant history and qualify today as terrorism, terrorist crimes and terrorist activity, and occurred more than two and a half thousand years ago, in the first century BC, etc. Based on the analysis of the facts, which have taken place in history, the author concludes that the events and the incidents perceived by a society as terrorism and punished by the legislation in the remote past also took place. In those distant times, they, as well as today, resonated fear, worries, uncertainty in the future. The crimes committed were aimed at achieving personal, group, clan, political and other goals. The ways in which they were committed were also varied. As an alternative, the author concludes that explosions, aircraft hijackings, hostage taking, etic do not always accompany terrorist crimes. The forms of manifestation of terrorism are different. Over time, they evolve as well as everything else around them. In the author's opinion, at the current stage of development of society no less danger may be posed, for example, by the actions of an official contributing to the loosening of the foundations of the state, the values and folk traditions that have developed over decades, encroaching on stable, good relations in society, etc. Nor is it always the case that what is now a real danger to the peaceful coexistence of citizens punishable by law. It also happens that it (the danger) is invisible, not immediately distinguish it. Timely detection of such facts will help to prevent not only any illegal activity, but also neutralize the prerequisites and conditions that contribute to their fulfillment.
Gaps in Russian Legislation. 2020;13(4):57-60
pages 57-60 views

Combating crimes of extremist orientation committed with the use of the internet network

Karchaeva K.

Resumo

The problem of extremism today is considered as one of the most relevant, in view of the fact that extremism poses a threat to public and national security. Despite the activities of law enforcement agencies in the direction of preventing extremist movements, the number of radical and terrorist organizations continues to grow. This is mostly due to the fact that in the context of globalization, many crimes are committed using the Internet. Modern information and telecommunication technologies based on the use of its resources have become a convenient field for committing crimes, including extremist ones. In turn, for law enforcement authorities, the identification of the criminal and the suppression of such crimes is becoming increasingly difficult, due to the fact that the Internet does not have a specific owner, it has a wide audience and allows you to influence the masses. These problems are compounded by the fact that information of extremist content is not only posted on profiles and sites, but also sent in the form of personal messages. This type of crime is especially dangerous for young people, because the unformed consciousness easily falls under the influence of experienced radical criminals. The recruitment of young people through the Internet is today the most popular direction in the propaganda activities of extremist groups. However, despite the intensification of criminals, as well as attempts by foreign states to carry out terrorist activities on the territory of Russia, currently in the Russian Federation effective mechanisms of a legal and organizational nature have been developed that allow to quickly respond to extremist activity and stop it in a timely manner, also in information and communication networks. The purpose of this article is to analyze extremist crimes committed using the Internet, as well as develop proposals to improve the existing strategy to counter such crimes.
Gaps in Russian Legislation. 2020;13(4):61-66
pages 61-66 views

Ways of improving counter cyber terrorism methods in Russian Federation

Zhukov A.

Resumo

The article discusses the reasons for the emergence of cyber terrorism in the Russian Federation and ways to improve the existing system to counter cyber terrorism. It is obvious that cyber terrorism is a new and serious threat to the national security of the state. Effective counteraction to cyberterrorist crimes is not possible, using existing methods to counter. A transformation of both regulatory and technological nature is needed. The system for countering cyber terrorism in the Russian Federation should be constantly improved, since the sphere of information technology is developing at a very fast pace, which is reflected in the actions of cyber terrorism.
Gaps in Russian Legislation. 2020;13(4):67-70
pages 67-70 views

Reproduction of the extremism phenomena

Makoeva E.

Resumo

In the introduction, the author examines the forms of political, nationalist, religious, environmental and other types of extremism. The author believes that the causes of the exacerbation of extremism are associated not only with the subjective activities of individual political figures and groups, but with broader phenomena objectively determined by the transitional and crisis state of society and its reflection in the consciousness and psychology of people, their lifestyle. The purpose of this article is research of extremism as a socio-psychological phenomenon and an illegal form of behavior in society. The relevance of this study is due to the fact that in modern society there is a tangible surge in the spread of extremism. In the main part of the article, the author emphasizes that we are talking about social reality and its connection with the human factor of extremism. In a sense, political extremism is a by-product of major social changes. The author highlights the list of characteristics of the crisis period undergoing, associated with the reproduction of the phenomenon of extremism. This article emphasizes that among the varieties of political extremism, fascism stands out as its barbaric, hateful practice and ideology. According to the author, the situation in which the microsphere of interethnic relations turned into a predominantly disagreeable one, threatening deep clashes, became the socio-political background of the revival of fascist political extremism. National issues, in fact, took a central place in the most complex political processes of reforming society, but at the same time became a field of reproduction of ethno-national radicalism. The author concludes that the situation in which the field of transnational relations has become especially disagreeable has become the socio-political background of the revival of fascist political extremism. In conclusion, the author emphasizes that the national theme, in fact, has captured the pivotal space in the most complex political processes of reforming society, but at the same time has become a field for the reproduction of ethno-national radicalism
Gaps in Russian Legislation. 2020;13(4):71-73
pages 71-73 views

On extremism as a political and social phenomenon

Mashekusheva M.

Resumo

The ail of the worker washi too conduct a comprehensive study of the phenomenon of religious fundamentalism, determine its essence, and consider the impact of this concept on modern society. It is supposed to analyze the placce and rote of religion in the life of modern society, to describe the genesis and essential features of extremism in modern religious studies and socio-political literature, to identify the socio-historical and political sources of extremism, to consider the modernist trends of modern religious fundamentalism, to substantiate practical recommendations and suggestions regarding prevention possible threats of the spread of extremist sentiments in society. Of the study are based on the principles of comparison and analogy, analysis and synthesis, abstraction, systematization and generalization. Determining the meaning of a number of concepts related to the subject of research requires the application of the principle of objectivity, and the transformation of religious fundamentalism in historically different versions - the principle of historicism and religious studies comparative studies. The typology of phenomena and comparative historical analysis are used in the work. Of various interpretations of extremism in modern consciousness and scientific religious knowledge, in identifying determining the nature of the use of concepts for political and ideological purposes. Normative courses in political science and philosophy in higher educational institutions. Of counteraction of internal affairs bodies to extremist crimes. The basis of the study was the classic and modern theoretical provisions of criminal law, criminalistics, administrative law. The principle of interdisciplinary makes it possible to consider this work as complex, taking into account active interaction with various services and organizations in the framework of countering these crimes.
Gaps in Russian Legislation. 2020;13(4):74-76
pages 74-76 views

UN activities to counter the spread of extremism

Misrokov T.

Resumo

The article analyzes the current role of the United Nations in the fight against extremism. The author examines the UN legal framework for consolidating international efforts to counter the spread of extremist ideology, as well as the integrated efforts of the UN and its collaborating organizations to prevent extremism and prevent the emergence and strengthening of extremist beliefs. The purpose of the work is to identify and critically interpret the gaps and shortcomings of international regulation of the fight against extremism, as well as to develop proposals for improving international regulation within the UN in activities to counter this phenomenon. Attention is focused on the lack of a unified approach to the definition of the term “extremism” and the need to develop a generally accepted interpretation of this phenomenon among UN member states. The author comes to several conclusions. Firstly, it is necessary to adopt a basic regulatory document that would contain a generally accepted definition of the term “extremism” that would clearly separate it from the concept of “terrorism” and establish criteria for recognizing certain organizations as extremist ones. Secondly, it is important to establish a centralized system under the auspices of the UN for countering extremism, the core of which should be a specialized body for which combating extremist threats will be the main task. Thirdly, one of the key areas of countering extremism should be the formation of a secure information environment, which requires the adoption of a basic international document establishing general rules and recommendations for states to ensure the protection of their information space from unlawful attacks by extremist organizations and their information resources. Fourth, the development of a single conceptual approach to understanding the problems of extremism and the formation of a single mechanism to combat this threat should be based on accumulated international experience, including such interstate organizations as the Shanghai Cooperation Organization.
Gaps in Russian Legislation. 2020;13(4):77-82
pages 77-82 views

Basic directions of countering the acts of terrorism

Taova L.

Resumo

The history of terrorism begins from ancient times because provocations and terror led to the desired political results. Terrorism in modern Russia is a rather complex social phenomenon, which has its own characteristics. The issue of terrorism is becoming particularly relevant today. Terrorism has a public character, designed for mass perception and the creation of appropriate moods. Undoubtedly, terrorism is a serious problem for the entire world community. The eradication of the terrorist threat is considered as one of the priority tasks of the domestic and foreign policy of the Russian state. In the article, the author comes to the conclusion that the effectiveness of countering terrorism can be achieved only through the joint efforts of specially created law enforcement agencies and special services, combining the capabilities of all government structures, branches of government, society, the media and each individual person.
Gaps in Russian Legislation. 2020;13(4):83-86
pages 83-86 views

Terrorism: difficulties of definitions

Urusova L.

Resumo

The identification of the phenomenon of «terrorism» (and many related terms: violence, anger, hostility, destructiveness, etc.) remains relevant in the modern world. Researchers of various sciences (ethologists, psychobiologists, sociobiologists, genetics, psychopathologists, neuropathologists, clinicians, psychiatrists, psychoanalysts, psychologists, sociologists, anthropologists, criminologists, political scientists) have brought some accuracy to the phenomenon of «terrorism». Taking into account the difference in their views, disciplinary traditions and paradigms, it is not surprising that contradictions are present in the definitions of this phenomenon. The aim of this invistigation is to study general difficulties in defining the phenomenon «terrorism». Certain factors are identified as the main difficulties in defining «terrorism». To experience difficulties in defining «terrorism» from more or less related phenomena or processes, such as «terror», «partisan war», «war for national independence», «irredentism», «separatism», etc. Attempts to explain the essence of terrorism with the help of the related concepts of «radicalism», «extremism», «terrorist acts», «politics of terror», etc. also a mistake. As a rule, a dangerous and erroneous simplification of the concept of «terrorism» occurs in order to equate it with Islamic fundamentalism or other concepts. There are a number of more or less similar concepts, for example, «Islamism», «religious nationalism», «Islamic fascism», «Islamic radicalism», «fundamentalist radicalism», etc. The definition of a «terrorist act», adopted by the European Union, is such an example of the application of the relevant concepts instead of the concept of «terrorism». Thus, we have identified a range of difficulties regarding the concept of «terrorism». They include the definition of terrorism, with its components, a listing of terrorist organizations and the distinction between terrorism and the struggle for national independence. The above difficulties illustrate the discrepancies regarding the universal definition of «terrorism».
Gaps in Russian Legislation. 2020;13(4):87-90
pages 87-90 views

Activities of internal affairs bodies in the field of the localization of terrorism in the context of the globalization of the information space

Fakov A.

Resumo

The purpose of this study is to study the problems of countering terrorism by law enforcement agencies. The paper considers the features of modern terrorism, the main criminal focus of which is the use of violent changes in the constitutional system of the state in order to destabilize the work of state security agencies. The article attempted to classify terrorism as a negative social phenomenon. The author’s research indicates that there is a need for active localization of terrorism by the entire world community.
Gaps in Russian Legislation. 2020;13(4):91-93
pages 91-93 views

Modern information tools to counter the spread of terrorist threats on the internet

Shogenov T.

Resumo

The article deals with current problems of countering terrorist threats, which in the process of globalization and informatization of society have moved to the network space and have become a consequence of such a phenomenon as cyberterrorism. The author notes that malicious cyber activity is particularly dangerous during destabilization periods, what is observed today, when hackers actively exploit the instability and panic in society that arose in connection with the pandemic and they profit from the global crisis. New types of terrorist threats in the global network related to the coronavirus pandemic and measures taken by states to address them are presented.
Gaps in Russian Legislation. 2020;13(4):94-97
pages 94-97 views

Firearms as an element of criminal-legal characteristics of terrorist acts

Kardanov A.

Resumo

To date, crimes committed with the use of firearms continue to be actual, as evidenced by the statistical data on their number. Firearms are quite effective for committing crimes, including grave ones. In article the author resulted criminal-legal and criminally-legal aspects of crimes of terrorist character, the analysis of cores of articles is given, concept of the weapon, ammunition, homemade or industrial explosives is considered, within the limits of crimes of a terrorist orientation, the role of the weapon both in commission, and in investigation of crimes of the specified category is revealed, the combined set of circumstances which promotes commission of crimes of the given category with use of firearms, ammunition and explosives is resulted. The author also considers the concept of terrorism categorically and notes that successful activity in the prevention, detection and investigation of crimes depends on the methods and techniques used by criminals in preparing, committing and concealing the crime. In conclusion, the author concludes that if it is not possible to establish the methods and techniques used by the offender, it is difficult to determine the means, techniques and methods that in this case, the investigator should apply.
Gaps in Russian Legislation. 2020;13(4):98-101
pages 98-101 views

The criminological characteristics of the person assisting in terrorist activities

Moiseeva A.

Resumo

The article discusses the criminological characteristics of various groups of persons assisting terrorist activities. It is concluded that there is a relationship between a specific type of terrorist (terrorist organization) and the type of persons who assist such activities. Considering that it is a significant number of persons contributing to terrorism that determines the existence of a broad social base for terrorism, it seems appropriate to organize a large-scale search for parameters to identify persons who facilitate terrorist activities
Gaps in Russian Legislation. 2020;13(4):102-104
pages 102-104 views

Problems of prevention of terrorism among the minors

Osmanov M.

Resumo

The author analyzes the problem of involving minors in terrorist organizations and ways to help get out of this situation. The article explores the characteristics of the personality of a minor. The author reveals the reasons for the widespread dissemination of terrorist ideas among the young generation of the country. The author focuses on the currently existing measures to prevent the spread of terrorism among minors. The article emphasizes the fact that a minor, due to the characteristics of psychophysical development and sensitivity, needs special attention of parents, teachers, society and the state. Timely measures to prevent terrorism among minors will help save a minor from negative influence and make them worthy members of society. The state and society should fully recognize the seriousness of this problem and in a short time more thoroughly work out the issues of preventing the spread of terrorism among minors.
Gaps in Russian Legislation. 2020;13(4):105-108
pages 105-108 views

Current trends in the development of extremism in social networks

Tokbaev A.

Resumo

In the modern world, there is an increasing tendency to engage in extremist activities without direct physical communication. This is due to the spread of social networks around the world, and as a result of the increase in the amount of time spent by modern youth in the global Internet space. The relevance of this research topic is obvious, as social networks are the most favorable environment for the dissemination of extremism ideas. The target audience is youth, which is also the most active category of users of social networks. The purpose of this theoretical study is to analyze current trends in the development of extremism in social networks and assess the development of the further situation on this issue. The article provides practical recommendations for users of social networks that will avoid the negative influence of extremists.
Gaps in Russian Legislation. 2020;13(4):109-112
pages 109-112 views

To responsibility question for the promotion of terrorism

Khutuev V.

Resumo

Despite the political changes in the modern world, the threat of terrorism remains. One of the forms of unlawful dispute resolution is terrorism, which allows obtaining the necessary resources, including in terms of decisions of state authorities. In the context of the stated problem, the process of spreading terrorist ideology, which poses a serious threat to modern peace and security, is of particular importance. Russian criminal law provides for liability for a number of actions related to the spread of terrorist ideology and the maintenance of the practice of using violent methods. The purpose of this article is to analyze the current criminal law governing the process of bringing to justice for the propaganda of terrorism in Russia. The author comes to the conclusion that the current normative provision governing responsibility for this crime is incorrect and needs to be changed in order to increase the effectiveness of counterterrorist activities in Russia. Attention is focused on the need for a significant change in Art. 205.2 of the Criminal Code of the Russian Federation. It seems promising to supplement the list of qualifying signs of propaganda of terrorism by the commission of this crime against a minor, as well as using the official position. These aggravating circumstances are singled out as the most dangerous signs of the propaganda of terrorism in the modern world, which seems necessary to be necessarily reflected in the Russian criminal legislation.
Gaps in Russian Legislation. 2020;13(4):113-116
pages 113-116 views

A set of measures to counter the spread of religious extremism among young people

Nastuev E.

Resumo

The aim of this study was to study a set of measures to counter the spread of the ideology of religious extremism among young people. This problem is now one of the most pressing, and its solution falls on the shoulders of law enforcement and national security agencies, both inside and outside the State. Objectives of the study: an attempt was made to better understand the essence of modern religious extremism in terms of the influence of globalization processes. Conclusions: A set of measures to counter the spread of the ideology of religious extremism among young people is implemented by law enforcement agencies and security agencies. However, in order to achieve greater results in preventing and combating the spread of the ideology of religious extremism among young people, it is necessary to carry out preventive measures, which should be initiated through electronic media - social networks, through the broadcasting of theological broadcasts exposing the content of the true goals of religious extremism. Such work is extremely important, as the stability existing today is extracted at a high cost - at the cost of the lives of hundreds of people - law enforcement officials, journalists, religious figures. It is very important to keep this calm. And for this purpose it is necessary: to carry out work aimed at popularization of traditional cultures of peoples living in the Russian Federation; Strengthen the activities of the National Anti-Terrorism Committees, Prosecutor 's Offices and law enforcement agencies in the constituent entities of the Russian Federation, as well as intensify monitoring activities with a view to detecting radical ideologies in the Internet space and preventing its dissemination; Carry out awareness-raising activities aimed at the deradicalization of young people, involving former radicals who have deceived their hopes, etc.
Gaps in Russian Legislation. 2020;13(4):117-120
pages 117-120 views

Remote training of employees of bodies of the internal affairs of the Russian Federation on the discipline "Physical preparation": problems and ways of solution

Kardanov A.

Resumo

The state of health and physical fitness of a person are important for representatives of many professions. The service of law enforcement officers requires not only a high level of professional knowledge and skills, but also is associated with significant physical exertion. At present, the situation during the global pandemic underscores the need to develop distance learning. However, not for all disciplines, adaptation to the remote format is equally successful. The purpose of this work is to analyze modern distance learning of employees of the internal affairs bodies of the Russian Federation in the discipline "Physical Training". The author comes to the conclusion that there are a number of advantages and disadvantages of distance learning, which should be taken into account when organizing the relevant educational processes, including the discipline "Physical Training". As promising areas for improving distance learning in the discipline "Physical Training", classes using video conferencing, as well as a combination of remote forms with practical exercises in an educational organization, are highlighted.
Gaps in Russian Legislation. 2020;13(4):121-125
pages 121-125 views

Role and importance of physical training in the system of vocational training of students of educational organizations of the Ministry of internal affairs of the Russian Federation

Kodzokov A.

Resumo

The purpose of this study was to study the problems of vocational training of students of educational organizations of the Ministry of Internal Affairs of the Russian Federation in the context of their physical training, as their professional activities are carried out under conditions of constant influence of unfavorable factors of operational and official activity and are characterized by high nervous and emotional overload. The purpose of professional training of the students is to develop their knowledge about the basic concepts of physical culture, about the basics of theory and methodology of physical education, about the substantive aspects of directed physical training, about the role and importance of physical training (during the training process and independent classes) in the structure of operational and service activities. Objectives of the study: an attempt was made to generalize the value orientations and attitudes of the listeners to physical training, which consist in achieving the harmonious development of the physical and spiritual components of the individual and thus acquiring mental comfort. At the same time, the formation of value orientations reflects the unity and integrity of the physical, mental and social aspects of personal development, including strong health and physique, motor skills and skills, a high level of physical preparation, collective behavior skills, a high degree of hard work, an intensified sense of justice, honor, conscience and duty, moral and moral development, emotional and will qualities, etc. Conclusions: the role and importance of physical training in the system of professional training of students of educational organizations of the Ministry of Internal Affairs of the Russian Federation consists in education of general, special, mental and physical qualities and in harmonious development of psychophysiological functions of the body, as well as formation of practical-oriented motor skills and skills, which contribute to increase of the level of professional preparation of students and successful solution of operational and service tasks.
Gaps in Russian Legislation. 2020;13(4):126-129
pages 126-129 views

Personal safety of police officers: formation within the framework of professional training

Kochesokova Z., Mashekuasheva M.

Resumo

Continuous improvement of personal knowledge and skills, study of practical positive experience, analysis of mistakes and miscalculations and their timely correction, are the key to personal and professional security officers. Today, the staff of ATS to self-service are trained on-job-training programs for office employee "Policeman". The article presents the model of formation of professionally important qualities of students in educational institutions of Ministry of internal Affairs of Russia. The growth of crime, including increasing the number of committed crimes of a terrorist nature, dramatically increases risk for emotional, physical and mental health of police officers. A necessary condition for operational and special events is a great training of personnel, organization of interaction clear, thoughtful plan of operation. Therefore, the correct understanding, the study and use of all components of personal security officers will help greatly reduce the risks and improve the quality of professional work. Directly, the learning process needs to have knowledge and skills accumulated by employees of bodies of internal Affairs, pedagogy, psychology and other disciplines necessary for further professional activities. Thereby it creates the basis for going beyond existing only analytical understanding of several individual problems and issues applied professional training of future specialists, not always including the features of the content and structure of their holistic performance. These circumstances allow, in our opinion, to develop a model of formation of professionally important qualities in students, demonstrating the reciprocal relationship of the factors of safety of police officers and contributing to the formation of motivation for further professional improvement in this aspect. The educational process in the discipline will be directly aimed at providing such results of training and education as the development of professionally important qualities and motor skills through the use of a set of tools and techniques appropriate to specific professional activities. For this reason, the educational process needed to do a better use of learning technologies, the essence of which will be to improve the efficiency of training by maximizing the orientation of the learning process to the practical realities and leveraging the intelligence of the audience.
Gaps in Russian Legislation. 2020;13(4):130-133
pages 130-133 views

Combating crime as the main activity of the district authorized police

Kumysheva M.

Resumo

In the modern law enforcement system, district authorized police officers implement the main directions of the police in the territory of the administrative section and are the guarantor of the protection of the rights and freedoms of citizens. The preventive measures carried out by the district authorized police are aimed at ensuring public order and public safety. All forms of service by district police officers are designed to serve this purpose. Preventive detour of the administrative section allows you to obtain objective information about the state of crime in this territory, to identify citizens prone to commit crimes. In this article, the author focuses on the individually-preventive work of the district authorized police officers with people on preventive records. Based on the study, the author comes to the conclusion that the content and forms of individual preventive activities of the district police commissioners are not legally fixed. This allows the employee to choose the direction of prevention.
Gaps in Russian Legislation. 2020;13(4):134-137
pages 134-137 views

Limits on the legality of the use of physical force, special means and firearms by police officers

Khazhirokov V.

Resumo

The purpose of this study was to study the problems of the use of violent actions, namely physical force and combat fighting methods, special means and firearms by police officers in the process of serving in relation to antisocial elements. We found that the legal regulation of the use of physical force, special means and firearms by police officers consists in the desire to strengthen the guarantees of the rights and freedoms of citizens and to ensure uniform law enforcement practice. Research objectives: an attempt was made to consider the process of professional and applied training of police officers, during which the skills of using combat fighting techniques, special means and firearms are formed. And the legal regulation of the use of physical force by police officers, including combat methods of combat, special means and firearms - the main elements of professional training, solves the dominant task in this aspect. Conclusions: the competent actions of the employee in the ensuing battle with the offender can lead the conflict away from the critical situation, reduce tension in the current situation and eliminate the need for physical force, special means and firearms. Therefore, when applying physical measures and fighting methods of struggle, the police are obliged to take into account the nature and strength of the resistance, because It is precisely in accordance with the degree of severity of the offense and the resistance exerted by the offender that the police officer applies direct coercion measures, the limits of which are established and fixed at the legislative level, are characterized by established frameworks, the passage of which entails negative legal consequences for law enforcement officers.
Gaps in Russian Legislation. 2020;13(4):138-141
pages 138-141 views

Ways and conditions of formation of will qualities in students of educational organizations of the Ministry of internal affairs of the Russian Federation at classes on physical training

Meshev I.

Resumo

The aim of the study was to explore ways and means of building will in the physical training process, which is one of the key directions for the effective implementation of the educational process and is reflected in the achievement of the highest standards of efficiency and competence by the students, which contribute to the successful implementation of their professional activities in the future. Will training, acting as an integral part of physical training of students allows to successfully carry out operational actions against the background of nervous-mental fatigue. Taking into account the focus of physical training on ensuring a high level of willful preparedness, it should be noted that the goals and objectives of education and education are closely linked, as well as the complementarity of ways, methods and means of achieving these goals and objectives. Will qualities of listeners be formed and improved not only during training sessions, but also during independent classes. Among the main qualities are perseverance, determination, courage, resistance, self-control and self-discipline. In general, properly organized physical training contributes to the formation of a "new person," who has such an important quality as hard work and a sense of patriotic duty. Conclusions: The process of formation of will qualities in students of educational organizations of the Ministry of Internal Affairs of the Russian Federation is a directed activity to create the optimal psychological state and internal readiness to perform physical exercises to achieve high results in conditions of tense and dangerous operational situation.
Gaps in Russian Legislation. 2020;13(4):142-145
pages 142-145 views

Legal aspects of the use of physical force and combat techniques by police officers

Afov A.

Resumo

The purpose of this study was to study the organizational and legal basis for the use of physical force and combat techniques by police officers, as the problem of the use of violent acts, namely physical force and combat techniques by police officers in the course of service with anti-social elements is relevant and little studied. And today 's realities are such that police officers often have to resort to the use of physical force and combat techniques because of the failure of offenders to comply with legitimate police demands. The objectives of the study: knowledge of the legal basis for the use of physical force and combat techniques by police officers are those factors that are aimed at improving the efficiency of their operational and official activities and make them aware of their mental and theoretical wealth, moral purity and impeccability. In accordance with the severity of the act and resistance of the offender, the police officer applies direct coercive measures, the limits of which are set by the legislator and are characterized by a defined framework beyond which there are negative legal consequences for law enforcement officers. At the same time, the police officer applies measures of direct coercion in accordance with the severity of the resistance committed and provided by the offender, the limits of which are set by the legislator and are characterized by a defined framework beyond which there are negative legal consequences for law enforcement officers. Conclusions: The use of physical force and combat techniques by police officers is conditional on the suppression of offences and the detention of anti-social elements, and the priority is to achieve full control over their actions through the physical measures provided for in the legislation.
Gaps in Russian Legislation. 2020;13(4):146-149
pages 146-149 views

Improvement of speed-force qualities in physical training of students of educational organizations of the Ministry of internal affairs of the Russian Federation

Beshtoev R.

Resumo

The purpose of this study was to study the process of improving the speed and power qualities of students of educational organizations of the Ministry of Internal Affairs of Russia, which are fundamental in their physical preparation, since during the course of serving, situations of confrontation with the offender often arise and they have to act, most often in a limited-time mode and surprise. At the same time, justifying the allocation of a significant part of the training time in the physical training classes to the development of speed-power qualities, it should be noted that the improvement of speed-power qualities is due to the increase in the cumulative effect of the physical load produced as a result of an increase in both the number of repetitions of exercises and speed of their execution. Research objectives: we made an attempt to substantiate how the development of versatile conditioning abilities, combined with the optimal level of knowledge of applied skills, form the physical readiness of students and how the rhythm-speed structure of various motor actions is developed in the process of developing strength, speed, coordination skills. Conclusions: in the process of formation and improvement of speed-strength qualities in physical training classes, students encounter such difficulties as performing physical exercises in a strict time frame, which is not always feasible, and the main task of a trainer-teacher is to select physical exercises that can be practiced as part of a study group simultaneously with a large group of individuals.
Gaps in Russian Legislation. 2020;13(4):150-153
pages 150-153 views

The effectiveness of training in methods of detention of offenders using combat techniques of struggle

Broev A.

Resumo

The purpose of this study was to study the process of improving the educational process in universities of the Ministry of Internal Affairs of Russia, which is caused by purposeful activities to form the students' professional component of preparedness for the active suppression of the offender’s illegal actions up to hand-to-hand combat. This is also evidenced by the existing practice of professional training of police officers, which is carried out directly on the basis of training in combating martial law with offenders and detaining them using combat fighting techniques. The professional preparedness of the police officer is characterized by a high level of his education and physical fitness, as well as extensive experience and substantive content of official activities. The objectives of the study are to understand the process of improving the educational process in the universities of the Ministry of Internal Affairs of Russia, due to purposeful activities to form the students' professional component of readiness to actively suppress the wrongdoing of the offender up to hand-to-hand combat. This is also evidenced by the existing practice of professional training of police officers, which is carried out directly on the basis of training in combating martial arts with offenders and their detention, while the professional training of a police officer is characterized by a high level of education and physical fitness, as well as extensive experience and substantial filling of official activities. Conclusions: situations of forced (power) detention of offenders arising in the professional and official activities of law enforcement officers determined the need for a successful solution of the task, namely the professional training of employees - the formation of their constant psychological readiness for an unexpected encounter with the offender and the skills of using combat fighting techniques in the prevailing operational environment.
Gaps in Russian Legislation. 2020;13(4):154-157
pages 154-157 views

The place of fire training in the formation of the personality of a young police officer

Gedugoshev R.

Resumo

The purpose of this article is to summarize modern data on the location of such a section of professional training of a young employee of the internal affairs bodies as «Fire training». To solve this problem, on the basis of the classification given in the work, a comparative legal analysis of factors that reduce the quality of fire training of ATS employees, which can be divided into objective and subjective, as well as measures to overcome them, is carried out. A methodology is proposed for improving fire training in several directions, among which training with a minimum expenditure of time and ammunition, the development of activity and independence in solving fire problems. The author comes to the conclusion that police officers are called upon to carry out one of the most difficult types of human activity, the success of which is largely dependent on how much skills in using weapons are formed in the process of fire training. The results of such generalization and systematization can be used for further theoretical research, preparation of scientific works and for solving practical problems in the field of forming special knowledge of a police officer, in particular, determining tactics of using firearms in the framework of various exercises, comparing the skills formed among themselves.
Gaps in Russian Legislation. 2020;13(4):158-160
pages 158-160 views

Features and problems of professional activities of instructors and trainers in physical training

Gubjokov A.

Resumo

The purpose of this study was to study the conditions that determine the success of physical training - an indicator of the professional competence of trainers and trainers who, in addition to professional knowledge, skills and skills, are obliged to possess erudition, a high degree of legal literacy and to be communicative. At the same time, professionalism in instructor and trainer's work is represented by a complex of formed knowledge, skills and skills, as well as abilities and beliefs, which form the basis of performance of qualified work. Essentially instructor and trainer 's work is a form of professional activity, the main orientation of which besides achievement of result is also directed directly to the process. In the article we also summarized the main professional requirements to the activity of trainers and trainers on physical training. Among other things, the instructor and the trainer implement an equally significant function - educational, which manifests itself in the ability to empathy and allows to understand feelings of trainers, which leads to improvement of mutual understanding with them. Thus, in a general view of feature of professional activity of instructors and trainers and the revealed difficulties are characterized by focus on high extent of possession of professional abilities and to skills, conscious self-development and formation of individual creative approach to a profession and also ability to stimulate interest at others in results of the profession and increase in its prestige in society.
Gaps in Russian Legislation. 2020;13(4):161-164
pages 161-164 views

Use of methods of strictly regulated exercise for training of students of educational organizations of the Ministry of internal affairs of the Russian Federation to combat techniques of wrestling

Dadov A.

Resumo

The aim of this study was to study the application of the method of strictly regulated exercises, which consists in the strict execution of motor actions with precisely determined load. Through this method, motor activity is carried out according to a strictly prescribed program (strictly selected exercises and techniques, their ligaments are performed) and strict regulation of the load in terms of volume and intensity of its implementation. Along with the above, the method of strictly regulated exercises allows you to perform training on the basis of strict dosing of rest intervals between the load parts, the selective development of physical qualities and the use of physical exercises in the classroom with any age group of students. The objectives of the study are to justify the professional preparedness of students, which is characterized by a high level of their education and physical fitness, as well as extensive experience and substantive content of official activities. In the course of the study, we made an attempt to define the fighting methods of the struggle as measures of forced detention by police officers. We also highlighted the main purpose of conducting training sessions with students of educational organizations of the Ministry of Internal Affairs of Russia, which is to educate them in such professionally significant qualities as courage, decisiveness, initiative and resourcefulness. Conclusions: regular physical exercises form the students' skills in the use of combat fighting techniques and motivate them to master the ability to effectively repel an attack, quickly and reliably neutralize the offender. In addition to the above, in order to successfully complete professional tasks, students must constantly improve physical fitness, namely, to improve the quality of the use of combat techniques to combat illegal activities in society. At the same time, preparing students for the skills of using combat fighting methods using the method of strictly regulated exercises depends, first of all, on the willingness of students to solve training problems, which makes this process rather laborious.
Gaps in Russian Legislation. 2020;13(4):165-168
pages 165-168 views

Analysis of the current state of control over competence of students in higher education institutions of the Ministry of internal affairs of the Russian Federation

Dottuev T.

Resumo

The purpose of this study was to study the need for the methodological development of new evaluation technologies, taking into account the formation of students' competencies and the graduate's readiness for professional activity. The educational process in the system of departmental higher education today is built on the platform of a competency-based approach to state standardization of training programs, which predetermined a new perception of the concept of competence and by which they began to understand the complex of key personality traits of students consisting of knowledge, skills and abilities that they will apply in everyday professional work. The objective of the study is to determine modern technologies aimed at identifying the effectiveness and efficiency of training in order to ensure the objectivity of the assessment of the development of the taught disciplines. And with this technology we have chosen a rating system for assessing the formation of competency, because the classical form of diagnosis that exists today in the universities of the Ministry of Internal Affairs of Russia does not provide the entirety of evaluating the effectiveness of the educational process, relegating to the background the adequacy and objectivity of quasimetric. Conclusions: the introduction of a rating system for monitoring the formation of competencies and assessing the quality of training of students in educational institutions of the Ministry of Internal Affairs of Russia is aimed at solving the problem of assessing knowledge in the existing traditional system, which is distinguished by the scarcity of ratings, and knowing your rating will lead students to a clearer idea of the results of educational activities and will lead to increased motivation to learn.
Gaps in Russian Legislation. 2020;13(4):169-172
pages 169-172 views

Psychological problems of adaptation of students of educational organizations of the Ministry of internal affairs of the Russian Federation to physical loads

Kanukoev A.

Resumo

The purpose of this study was to study the diversity of adaptation processes. In the process of physical preparation, students find problems in psychological adaptation to physical activity, as they are distinguished by different intensity, coordination complexity, duration, a large number of exercises aimed at developing physical qualities, improving tactical and technical foundations, as well as mental functions. The process of adapting students to new conditions lays in them the main adaptive reactions associated with the changed mode of functioning of the basic systems of the body. Research objectives: an attempt was made to consider the problem of psychological adaptation of students to physical activity, by summarizing the influence of their level of physical activity on the life process in order to highlight some aspects of adaptation, when one of the most significant of them can be identified as the healing effect of physical culture, when rationalization of physical activity increases overall health, including physical and mental performance. Conclusions: problems of psychological adaptation to physical activity are associated with an increase in the body's resistance to a wide range of damaging environmental factors. It is known that under the influence of the same stress factors, the reaction of all students is different: trained students show higher resistance to stress than those who lead a sedentary lifestyle. Thus, a close interaction of motor and mental functions is determined, which determine the key role of physical training of students. further, when solving the problems of psychological adaptation of students to physical activity, their physical activity should be taken into account in order to highlight some aspects of adaptation in order to make predictable the conditions of their activity.
Gaps in Russian Legislation. 2020;13(4):173-176
pages 173-176 views

Optimization of tactical and technical bases of combat techniques in students of educational organizations of the Ministry of internal affairs of the Russian Federation

Krymshokalov A.

Resumo

The purpose of this study was to study the basics of the tactical and technical preparedness of students for the study of combat fighting techniques. In the process of training, students should demonstrate skills in using forceful methods of protecting law and order, the safety of individuals, society and the state in extreme and emergency situations. Hence, the main purpose of the use of combat fighting methods is to protect citizens from criminal offenses related to violence or its threat, suppress offenses and detain persons who committed them. In order to successfully complete professional tasks, students must constantly improve their physical fitness, namely the skills of tactical and technical use of combat techniques to combat illegal actions in society. Research objectives: combat fighting techniques are an important means of preparation for solving problems aimed at improving the physical and psychological preparedness of students, which leads to a qualitative improvement in their professional skills, as well as technical and tactical preparedness. Conclusions: the optimization of the tactical and technical foundations of the use of combat techniques of combat consists in the development by students of the set of actions necessary for them to carry out professional and official activities in a danger situation, i.e. the inevitable use of physical force against the offender. Tactically, the use of combat fighting methods is justified in all cases of suppressing any resistance from the offender, including active resistance and armed attack.
Gaps in Russian Legislation. 2020;13(4):177-180
pages 177-180 views

Pedagogical conditions for forming the readiness of students of educational organizations of the Ministry of internal affairs to oppose propaganda and recruitment activities

Magomedov M.

Resumo

The purpose of this study was to study the problems of formation and development of moral and psychological resistance to propaganda and recruitment activities among students of educational organizations of the Ministry of Internal Affairs of the Russian Federation, as well as the ability and readiness to resist the psychological impact of this phenomenon, taking into account that the confrontation of propaganda and recruitment activities is one of the key areas of work of universities of the Ministry of Internal Affairs of the Russian Federation. Research problems: the attempt to analyses efficiency of pedagogical activity of teachers in the context of training of listeners to opposition of propaganda and recruiting activity by providing them with necessary knowledge, abilities, skills and competences was made. Conclusions: The results of the study show that the choice of pedagogical training technology should be based on their ability to increase the process of building students' readiness to resist propaganda and recruitment activities.
Gaps in Russian Legislation. 2020;13(4):181-184
pages 181-184 views

Structure of General principles of training in special tactics and fire training in the system of professional education of police officers

Mukhtarov D.

Resumo

Data from the Ministry of Internal Affairs of Russia show that 510.5 thousand crimes were registered in our country in the first quarter of 2020. When comparing this figure with the data for the same period of 2019, it should be noted that the number of crimes increased by 4.0% [1]. The complicated operational situation caused by the growth of the number of crimes committed in our country, as well as the fulfillment of tasks in conditions bordering on extreme and critical, determines the relevance of the topic of this article. The process of development of technical equipment, in particular, the appearance of new types of weapons, special protective and active defense means, engineering and technical means of protection, the specificity of operational and service tasks are the reason for continuous improvement of methods of training tactical and special and fire training in the system of professional education of IAB staff. For this reason, the author of the article reveals general information about the content and peculiarities of the organization of tactical-special and fire training in the form of a system of general principles of training, taking into account the specifics of operational and service activities of IAB. Speaking about tactical-special training, it is necessary to reflect that its theoretical provisions analyze the features, characteristics, as well as the content of emergency circumstances, establish the sources of their occurrence and the situations that led to their occurrence, in addition, considers the logic and algorithm of the use of forces and means of ATC, as well as tactical features of their actions in the conditions of the need to use firearms and special means. In the article, these provisions are systematized and formed based on detailed research and subsequent analysis of IAB experience in various situations, and then implemented by issuing orders, methodological recommendations, textbooks and training manuals. Tactical-special and fire training are the most dynamic branches of special knowledge in the field of law and order, where changes occur the faster the changes in public life, the social structure of society is changing, and the means of armed struggle are improving.
Gaps in Russian Legislation. 2020;13(4):185-188
pages 185-188 views

Some features of increasing the efficiency of fire training of employees of internal affairs bodies

Ordokov M.

Resumo

Often, law enforcement officers experience some difficulties when firing a Makarov pistol, despite the fact that when firing from long-barrel weapons, such difficulties do not arise. In order to hit the target with a pistol, during the shooting process it is necessary to perform certain technical actions, which can be conditionally defined as mandatory elements of the pistol shooting technique. These actions are quite simple, but you need to know some specific features of the shooting technique. If they are fully implemented, the required shooting result is provided, and in the presence of any, even minor error, it is already impossible to guarantee such a result. The article discusses some of the features of teaching pistol shooting to police officers with different levels of training.
Gaps in Russian Legislation. 2020;13(4):189-191
pages 189-191 views

Methodology of training in strikes and protective actions from them of students of educational organizations of the Ministry of internal affairs of the Russian Federation

Thazeplov R.

Resumo

The purpose of this study was to study the process of teaching students of educational institutions of the Ministry of Internal Affairs how to strike and defend against them, which consists in mastering theoretical ranks, organizational and methodological skills, as well as practical skills in performing techniques and physical actions on offenders to suppress illegal actions of their detention and overcoming counteraction to legal requirements. Hence the importance of mastering the skills of using striking techniques in the structure of physical training in the combat section of self-defense, due to the often-occurring situations when the ability to deliver a strong and accurate strike to the enemy can decide the outcome of the fight. Research objectives: in the process of mastering the technique of strikes, students are trained to solve the main task of the fight - getting into a certain (vulnerable) place of the attacker, bringing him to a certain negative state and removing him from combat readiness. Conclusions: It is advisable to construct the methodology for teaching students the skills of using shock equipment in such a way as to provide the opportunity to learn the most complex exercises, techniques and actions directly at the training sessions in the sections of physical training, and their improvement took place in the course of complex classes. The use of shock and defensive actions are the most effective and independent techniques in the daily operational and official activity of students, which is often associated with the occurrence of fights, however, they can also play the role of auxiliary techniques as part of tactical and technical actions during the detention and escort of offenders.
Gaps in Russian Legislation. 2020;13(4):192-195
pages 192-195 views

Methodology of training in strikes and protective actions from them of students of educational organizations of the Ministry of internal affairs of the Russian Federation

Cherkesov R.

Resumo

The aim of this study was to study the use of the method of circular training, which is such a form of organization of a training session that has a power orientation and is carried out in a cyclic manner when certain muscles of the body are worked through. The methodical basis of the circular training consists of exercises performed repeatedly in compliance with the conditions for dosing the load, its changes and alternating with rest. In this context, circular training can be defined in the role of the organizational and methodical form of physical exercises for the development of strength endurance. Its main feature is a clear rationing of physical activity. At the same time, power endurance plays a leading role in increasing the functional capabilities of energy metabolism and the autonomic systems that provide it, namely, the cardiovascular, respiratory, and central nervous systems. The objectives of the study are to justify the use of the circular training method for the effective development of the required physical qualities (in our case, it is endurance of strength) in the conditions of a hard time limit with strict regulation and individual dosage of the exercises. Conclusions: the use of the method of circular training is the most effective way to develop strength endurance of students and undoubtedly helps to increase their functional capabilities. In addition, through the method of circular training, the successful development of motor abilities and skills, as well as all physical qualities - strength, agility, flexibility, speed and endurance is determined.
Gaps in Russian Legislation. 2020;13(4):196-199
pages 196-199 views

Application of the method of dynamic efforts within the classroom for physical training in educational institutions of the MIA of Russia

Yaroslavskiy M.

Resumo

The expediency of engaging in physical culture is confirmed by the obvious preventive effect in terms of improving the health of the body, improving the work of organs and tissues, optimizing the work of vital systems, slowing down the aging process. The possibility of skilful suppression of criminal manifestations in direct physical contact with offenders for representatives of the system of internal Affairs bodies is largely achieved by introducing them to systematic training sessions, developing specific motor skills, as well as preparing the body for action in a situation of stress. Taking into account the objective variety of cases and situations in which employees of internal Affairs bodies may need to prevent violations of rights, all basic physical qualities require preliminary development and training testing: strength, speed, agility, flexibility, and endurance. A significant number of skills, the acquisition of which is mandatory for each employee of the internal Affairs Department is instilled during training in educational organizations of the Ministry of internal Affairs of Russia, as part of the course of physical training. Content of basic educational programs of this profile allows to say that the leadership of the Agency recognizes and supports the importance of physical fitness, through legislative action seeks to promote physical development of students, training process is an essential component in the sequence of preventive actions for the successful implementation of professional competence. In this paper, we will discuss the use of such a training method in physical training classes in educational organizations of the Ministry of internal Affairs of Russia, as a method of dynamic efforts. The dynamic method allows students of educational organizations of the Ministry of internal Affairs of Russia to develop the ability to overcome a given resistance due to intensive muscle activity, and in the future use this opportunity to solve specific service tasks. A distinctive feature that defines the specifics of this method is a special format for performing physical exercises, with an emphasis on the dynamics of motor actions and the amplitude of muscle contractions. The value of the dynamic effort method for the course of physical training in educational organizations of the Ministry of internal Affairs of Russia is to slow down the fatigue of students during physical activity, accelerate recovery after exercise, and increase overall performance.
Gaps in Russian Legislation. 2020;13(4):200-203
pages 200-203 views

Pedagogical conditions for effective training of students of educational organizations of the Ministry of internal affairs of the Russian Federation against terrorism

Kamergoyev B.

Resumo

The purpose of this study was to study problems and mechanisms for forming pedagogical conditions for effective training of students of educational organizations of the Ministry of Internal Affairs of the Russian Federation against terrorism. The work considers factors that ensure effective pedagogical activity, the main orientation of which is to train students to confront and oppose terrorism, and which is implemented by creating special competences, knowledge and skills for students to counter the ideology of terrorism, which is particularly facilitated by the right innovative pedagogical educational technologies. Objectives of the study: An attempt was made to classify pedagogical conditions as the result of carefully considered, balanced and purposeful selection, application and identification of techniques, elements and methods of training of students in order to achieve their intended goals in cognitive activities to counter terrorism. Conclusions: The results of the study show that adequate choice of pedagogical technologies of training will allow to increase the process of formation of readiness of students to confront and counter terrorism.
Gaps in Russian Legislation. 2020;13(4):204-207
pages 204-207 views

Training of police officers in integrated use of combat techniques

Thagalegov A.

Resumo

The purpose of this study was to study the training process for police officers as part of the initial training of professionally-applied physical training in the focus of the application of combat fighting techniques. The main task of professionally-applied physical training is to form the motor skills of the police officers in the effective and legitimate use of physical force, including fighting techniques of fighting in order to successfully carry out the detention of the offender. The solution to this problem lies in the plane of optimization of means and methods of physical training of police officers based on the integrated application of techniques. Research objectives: an attempt was made to analyze the development by police officers of a combination of combat fighting techniques during the training process as an essential component of the entire training system of combat fighting techniques for successfully solving service and combat missions. The complex application of combat fighting techniques has been substantiated, consisting in the implementation of technical actions that are equipped in such a way that they can consistently carry out motor actions in a wide variety of combinations. Conclusions: in the practical activities of police officers, the integrated use of combat fighting techniques is considered effective, which takes into account the factors of the motor action performed, including the pressure of the opponent, his weight, the speed of his movement, the implementation of the lever action on the opponent, the force overcoming the resistance provided by the opponent, fettering the opponent’s movements, distracting his attention and the sudden conduct of attacking actions. At the same time, it should be remembered that the integrated use of combat fighting techniques is based on the effective and legitimate use of physical force.
Gaps in Russian Legislation. 2020;13(4):208-211
pages 208-211 views

Once again to the question of the classification of forensics

Kardanov R.

Resumo

The rapid growth of crime in developed countries in the second half of the 19th century required the search for new effective means of fighting it, putting the process of detection, detection and investigation of crime on a scientific basis, which entailed the application of advanced achievements in the field of scientific research as well as the results of technological progress in judicial proceedings. Conditions have emerged for the formation of a new area of scientific knowledge, criminalistics, which has become the basis for adapting the results of scientific and technological progress to the needs and requirements of the criminal process. The social function of criminalistics has also been clearly expressed: to arm investigation bodies and courts with scientific and technical means to establish objective truth in criminal cases. Appearance of new types of crimes, active use of advanced achievements of science by criminals, their application of technical novelties are the locomotive for development of non-traditional systems of forensic examination. In addition, since the classification of forensics is of great importance both theoretically and practically, it seems relevant to consider the basic principles of assigning forensics to different classes in the light of new views based on the classification of forensics.
Gaps in Russian Legislation. 2020;13(4):212-215
pages 212-215 views

International and foreign experience of combating corruption

Gutieva I.

Resumo

Corruption is currently a large-scale problem that affects many countries. Modern globalization processes have a significant impact on the spread of this illegal phenomenon throughout the world. For some regions, the problems of corruption are more typical, for others - less, however the specified illegal act is present to one degree or another in every state. The existing scale of the negative consequences of corruption around the world has led to the creation and development of domestic mechanisms to counter this unlawful act and increased international cooperation in combating corruption crimes. The purpose of writing the work is to study international and foreign experience in combating corruption. Despite the presence of a large number of scientific papers on the issues of corruption behavior, a number of law enforcement problems are currently arising with regard to anti-corruption legislation. These problems negatively affect not only the life of certain states, but also can significantly inhibit the development of entire regions. The author concludes that to date, international and domestic mechanisms have been created to combat corruption behavior, which differ in the scale of activity and the variety of measures applied. Particular attention is paid to the functioning of foreign anti-corruption mechanisms; the most effective measures to combat this illegal phenomenon are highlighted. It seems promising to consider this experience when improving national anti-corruption mechanisms in various fields. Attention is focused on the ineffectiveness of the anti-corruption measures application by analogy with other countries without taking into account the unique development of each state.
Gaps in Russian Legislation. 2020;13(4):216-219
pages 216-219 views

On some aspects of crime prevention in the Russian Federation in the context of globalization

Tatarov L.

Resumo

The negative trends of globalization have affected the legal system of the Russian Federation. There is a need to bring Russian legislation in line with international law. One of the priority areas of national policy should be the creation of an effective mechanism for protecting the rights and freedoms of man and citizen. In the article under consideration, based on an analysis of the legal literature and legislation of the Russian Federation, several judgments are made: the correlation of globalization and crime is obvious; The Russian Federation, as a subject of international law, is involved in globalization, including through the exacerbation of the criminal situation; when adopting regulatory legal acts regarding globalization, it is also necessary to take into account the negative consequences, in particular, those associated with the criminalization of the most important sectors of the economy; globalization involves the use of exclusively the doctrine of combating crime.
Gaps in Russian Legislation. 2020;13(4):220-222
pages 220-222 views

Mass exodus as a basis for criminal proceedings in special conditions

Gauzhaeva V., Safronov D.

Resumo

The purpose of this article is to summarize the data on legal regulation and the information set forth in the scientific literature on such phenomena as the mass exodus of citizens, the formulation of a scientific problem, requiring a detailed analysis of specialists from different fields of law. To solve this problem, a comparative legal analysis of the definitions, statuses of citizens who are in the country without her citizenship, a comparison of some provisions important to determine their place in the system. An attempt was made to analyze the grounds for carrying out criminal procedural activities in the event of a mass exodus to the territory of the Russian Federation from the territory of neighboring states of both our compatriots and other persons. The results of such a generalization can be used for further theoretical research, preparation of scientific works and for solving practical problems in the field of criminal proceedings in special conditions.
Gaps in Russian Legislation. 2020;13(4):223-226
pages 223-226 views

Problems of applying the prohibition of certain actions as a new measure of restraint in Russian criminal proceedings

Kankulov A.

Resumo

The author of the article systematized the opinions available in the scientific literature regarding the prohibition of certain actions introduced into the Russian criminal procedure by Federal law No. 72-FZ of April 18, 2018 and concluded that the appearance of a new measure of restraint is difficult to assess unambiguously. Among the main problems the author saw the lack of clear distinction between the prohibition of certain actions and house arrest; in article 105.1 of the RF criminal code says nothing about the possibility of communication with counsel; the lack of resource base, which would allow the FSIN to exercise effective control. At the end of the article, the author formulated proposals aimed at minimizing the identified problems.
Gaps in Russian Legislation. 2020;13(4):227-229
pages 227-229 views

Implementation by the investigator of the general conditions of preliminary investigation

Kushkhov R.

Resumo

The material systematized in the article allowed the author to conclude that there are problems, which make it difficult for the investigator to implement the general conditions of preliminary investigation: irrational waste of time and resources on organizational work; disinterest in the quality of preliminary investigation and others. The conclusion was made that regardless of the problem in question - all of them start from the normative level, then passing on to practice. That is why the author proposes to eliminate all existing shortcomings in the process of drafting and adopting laws, thus defining clearer and more reasonable rules of action for all participants in criminal proceedings. The material reflected in the article has highlighted a number of problems hindering the implementation of the general conditions of the preliminary investigation by the investigator: irrational waste of time and resources for organizational work; disinterest in the quality of the preliminary investigation, etc. As a result, conclusions are made that all of them originate from the normative level, smoothly, in the future, passing to the practical plane. For this very reason, it is necessary to eliminate all existing shortcomings in the process of drafting and adopting laws, thus defining clearer and more reasonable rules of action for all participants of criminal proceedings.
Gaps in Russian Legislation. 2020;13(4):230-234
pages 230-234 views

Concept of coercive criminal procedure measures and their types

Teppeev A.

Resumo

Coercive measures are used as a means of ensuring that participants in legal proceedings exercise their legal obligations. They must correspond to the tasks set by the person conducting the proceedings, when applied. At the same time, certain constitutional rights of citizens may be subject to restriction during the course of legal proceedings, which dictates the need for a scientific analysis of such actions and determines the importance and relevance of research in this area. Maintaining the necessary balance between the objectives of the criminal process and the rights of citizens is the primary goal of the law enforcement. The Criminal Procedure Law allows you to choose just such a measure of restricting the rights and freedoms of the person, which is most adequately correlated with the objectives of the criminal process in a particular criminal case. The author sets as his goal in the presented article the disclosure of the concept of “measures of criminal procedural coercion”, an explanation of the meaning of these measures, as well as the grounds and procedure for their application. The author’s attention is focused on the most correct and complete definition of the term “procedural coercion measures”, understanding the nature of procedural coercion as one of the methods of state administration, as well as differentiation of specific types of procedural coercion such as detention, preventive measures, and other measures of procedural coercion. The author cites and analyzes the views of scientist-processualists, explaining the grounds and goals of using the measures of criminal procedure coercion investigated in the article, as well as the problems and methods of resolving them for successful application in criminal procedure. In his work, the author concludes that there is a need for a clear legislative consolidation of the concept of measures of criminal procedural coercion and offers his own wording based on accumulated scientific knowledge in this area. The author believes that measures of procedural coercion as an integral part of state functions are called upon to implement the rule of law not only in terms of educational nature, but also in order to ensure the proper conduct of participants in the process.
Gaps in Russian Legislation. 2020;13(4):235-238
pages 235-238 views

Institute of inadmissible evidence in criminal proceedings

Surtsev A.

Resumo

The author of the article, having considered inadmissible evidence in criminal proceedings, concluded that there is no unity among the authors regarding their understanding. Systematization of different points of view allowed the author to state that if evidence, which meets the requirements of the code of criminal procedure, are valid (enough), it is inadmissible evidence in a criminal trial should admit that evidence, which do not meet legislative requirements, i.e. obtained in violation of the code of criminal procedure. It is proposed to fix a specific list of criteria at the level of the law that allow recognizing evidence as inadmissible when forming, checking and evaluating it.
Gaps in Russian Legislation. 2020;13(4):239-241
pages 239-241 views

Problematic features of the use of certain types of verification measures in the activities of the operational staff of the Ministry of internal affairs of Russia

Bondar A.

Resumo

The article discusses the problematic issues of the activities of operational-search police units in relation to the implementation of verification activities related to the detention of a person suspected of committing a crime, as well as entry (penetration) into the home. The author analyzes the regulatory framework, as well as the scientific work of Russian scientists in the field. As a result of the work on the article, the problematic features of the implementation of operational and official activities by law enforcement officers were identified, as well as certain conclusions and conclusions were made.
Gaps in Russian Legislation. 2020;13(4):242-246
pages 242-246 views

Dissemination of "fake" information as a basis for criminal liability due to changes in the criminal legislation of the Russian Federation made in the context of the COVID-19 pandemic

Shamaev A.

Resumo

The pandemic situation that developed at the beginning of 2020 had a significant impact on almost all spheres of life in all states. The situation which had no precedents in recent history predetermined the need for adequate countermeasures on the Russian Federation leadership part. The introduction in almost all subjects of our state for a long period of non-working days as well as various prohibitive and restrictive measures have created a particularly difficult economic situation. At the same time, some citizens dissatisfied with the authorities’ activities are making attempts to destabilize the situation in our country, using the emerging external threat (COVID-19) in order to satisfy their personal political goals more often. There was a tendency for an increase in false information disseminated in the global network and especially in social networks and instant messengers regarding the reasons for the introduction of prohibitive and restrictive measures taken as a result of the SARS-CoV-2 pandemic. Presently designed videos and messengers began to gain wide distribution which argued that the pandemic situation was fiction and was used by state authorities to hide their work shortcomings. This fact predetermined the need for an adequate response from the state and law enforcement agencies. In consequence there was the consolidation at the legislative level of criminal and administrative responsibility for the dissemination of false information regarding emergencies of a technogenic and natural reasons as well as violations of sanitary and epidemiological rules that entailed consequences of varying severity. The article examines the features of the current situation in this area and also concludes with a number of measures not only punitive but also organizational in nature which is to stabilize the situation through active preventive measures.
Gaps in Russian Legislation. 2020;13(4):247-250
pages 247-250 views

Current issues of using special knowledge in the investigation of violent crimes

Nagoeva M.

Resumo

The article summarizes some results based on modern achievements of human science and technology in order to solve and investigate crimes. The article presents views on the production of investigative actions of individuals, in the production of which it is necessary to conduct a forensic study of materials, substances, products. Special attention is paid to traces in relation to a certain category of cases, such as crimes against the person. In conclusion, the features of search, detection and seizure of physical evidence are given, and it is revealed what it is necessary to focus on in all details, in the course of joint activities of the investigation staff and operational staff.
Gaps in Russian Legislation. 2020;13(4):251-254
pages 251-254 views

Use of special knowledge in the investigation of intentional bankruptcy in Russian Federation

Tutukov A.

Resumo

The article presents an analysis of the process of using special knowledge in the investigation of intentional bankruptcies in the Russian Federation. The article stipulates that deliberate bankruptcy involves the unlawful concealment of the debtor's property. To identify the mechanism for the commission of such fraud, it is advisable to appoint a forensic accounting expertise. The author points out the need to attract knowledgeable persons to clarify a specific list of documents to be inspected and seized, to establish compliance of testimonies with the normatively-established rules of doing business, to assist in raising questions for future interrogations of witnesses and perpetrators, to determine the purpose and value of liquid property, features of carrying out certain operations, as well as assisting the investigator in fixing the course and results of the investigative action using video and photo equipment.
Gaps in Russian Legislation. 2020;13(4):255-258
pages 255-258 views

On the issue of reconstruction of subjective elements of the criminal situation in the detection and investigation of crimes

Kurshev A.

Resumo

It is well known that the main objects of forensic science include criminal activity and activities on investigation of crimes. In this connection, the investigator has to work with different situations that should be divided into several main groups. These include criminal situations and forensic situations. Situations in which a crime is prepared, committed and concealed are called criminal situations. In turn, situations that arise in the course of countering criminal activity are called criminal situations. In the article, features of formation and manifestation of criminal situations, their main varieties and subjective elements are considered. The concept and nature of system-situation analysis as complex and expert research of situation and circumstances of the event with the purpose of establishment of causal connection between the facts of the mechanism and circumstances explaining occurrence of harmful consequences which are in the constructive plan independent and static, that is exactly what they are at the moment of carrying out of inspection of a place of incident is considered in details. The article deals with the fact that there is a connection between the perpetrator and the object of attack and the place of commission of the crime, and the situation is staged in rare cases. This is because in this situation the main concern of the offender will be to minimize the quantity and quality of the traces left, by which he can be identified later.
Gaps in Russian Legislation. 2020;13(4):259-261
pages 259-261 views

Problems of organizing activities on disclosure of remote frauds and theft of bankcards

Napskov A.

Resumo

The article deals with modern challenges connected with globalization processes and directly with conditions of citizens' self-isolation, peculiarities of investigation and disclosure of remote crimes and theft from bankcards. Swindlers quite actively use gaps in legislation and technical equipment of security systems. The article reflects the pressing problems that lead to a reduction in the detection of crimes committed in telecommunications using cellular communication and the global "Internet" network. The conclusions are drawn and proposals are made for the organization of cooperation between cellular operators and bodies carrying out operational and investigative activities at all levels in order to obtain online information that facilitates the detection of crimes in the criminal case and pre-trial inspection. It is recommended to take measures for consideration by the Government of the Russian Federation of certain legislative acts, which will serve to reduce the time of execution of requests sent by the Ministry of Internal Affairs of Russia to various credit, banking, cellular organizations and companies, as well as the possibility of implementing in accordance with Part 3, Part 4 of Article 64 of the Federal Law of July 7, 2003 № 126-FZ "On Communications" measures to identify and suspend communication services of subscriber numbers used by convicts and persons in custody.
Gaps in Russian Legislation. 2020;13(4):262-264
pages 262-264 views

On the classification of forensic examinations as criminalistic

Kuchmezov R.

Resumo

In modern science and forensics, classification of forensic examinations deserves special consideration. The basis for the correct classification is the most essential strictly scientific and objective feature specified in the work by N.A. Selivanov [1, p. 52]. Today, when studying the section of forensic science "forensic techniques", knowledge and methods of forensic examination are considered simultaneously with the questions of detection, fixation and subsequent seizure of traces, their further role in the detection and investigation of crimes. Recently, the integration of scientific knowledge in all areas of expert activity has been clearly traced, as evidenced by scientific work in the field of complexity and integration of expert research. Against this background, the process of formation of new classes, births and kinds has been actively continued. The article considers the complexity of the fact that the investigative and judicial practice requires experts to solve equally important non-identification issues. Such issues include determination of the event mechanism, determination of the method and time characteristics, determination of quantitative criteria of objects, presence of changes in time intervals of the event, etc.
Gaps in Russian Legislation. 2020;13(4):265-268
pages 265-268 views

Problems of qualification of favorite false indications, conclusions of an expert, specialist or incorrect transfer

Akkaeva H.

Resumo

The establishment of objective truth in the course of the administration of justice is carried out on the basis of evidence, among which special importance is attached to the testimony and conclusions of experts and specialists. Official translations of texts, documents, etc. also take an important place in the evidence base. At the same time, they must meet the criterion of reliability, non-compliance with which entails the recognition of evidence as inadmissible, and the subjects who provided them are subject to criminal liability under Art. 307 of the Criminal Code of the Russian Federation. The indicated evidence is characterized by specific features arising from the object of encroachment, which includes the normal functioning of the justice system. The article analyzes the criteria for recognizing testimonies, opinions of experts, specialists, translation results as false, among which the main criterion is knowingness, reveals the delimitation of their falsity from erroneousness, and also analyzes the term "conscientious delusion" and its use when qualifying an act under Art. 307 of the Criminal Code of the Russian Federation. Despite the proliferation of cases of criminal prosecution for knowingly false testimony, conclusions, and incorrect translation in law enforcement, there remain a number of unresolved significant issues related to the qualification of the actions of the perpetrators. In particular, at present, the law does not provide for the commission of the crime considered in the article in the form of inaction, which creates difficulties for law enforcement officers when qualifying the offense by special subjects with procedural status. The purpose of this study is to identify problems that arise during the qualification of the actions of experts, specialists and translators who knowingly give false testimony, conclusions or incorrect translation. To achieve this goal, the author analyzed the specifics of the qualification of the crime in question, on the basis of which it was concluded that it is advisable to consolidate this form of criminal behavior in this case as inaction at the legislative level, which will avoid possible obstacles in qualifying the crime in question.
Gaps in Russian Legislation. 2020;13(4):269-272
pages 269-272 views

Specific characteristics of an inspection of the scene of an incident in the case of criminal explosions

Gedgafov M.

Resumo

In recent times, crimes committed with the use of explosive devices and explosives continue to be quite relevant, as evidenced by statistics on their quantity. Explosive devices remain in the criminal environment as a universal means of intimidation as well as committing serious crimes. The low number of crimes committed with the use of explosive devices and explosives, compared to other types of crimes (e.g. theft), does not reduce the severity of the problem of combating them. In the article the author considers the specific characteristics of the examination of the scene of the crime on the fact of criminal explosions, as it is in the process of conducting the examination of the situation at the scene of the crime that a sufficient number of traces can be found, containing the features of the person who committed the crime, the mechanism of their interaction and the peculiarities of the use of the instruments of committing the crime (if any), as well as characterizing the algorithm of the actions of the criminal, including the method of penetration into the scene and its further displacement. In the process of investigating the situation at the scene of the crime, one can find a sufficient number of traces containing the features of a person who has committed a crime, the mechanism of their interaction and peculiarities of the use of the instruments of crime (if any), as well as characterizing the algorithm of committing acts by the perpetrator, including the way of entering the scene and its further displacement. In conclusion, the author concludes that all this contributes to the further systematization of traces by groups and their subsequent comprehensive use in order to create a portrait of the perpetrator of the act.
Gaps in Russian Legislation. 2020;13(4):273-276
pages 273-276 views

Use of judicial and economic examinations in the investigation of intentional bankruptcy

Khachidogov R.

Resumo

Economic crimes pose a particular threat to the development of the Russian state. Among the most common economic crimes, intentional bankruptcy should be highlighted. Given the serious damage that deliberate bankruptcy can cause, one of the priority areas of law enforcement activity at present is an effective investigation of these crimes. The purpose of writing a research paper is to analyze the process of using forensic examinations in the investigation of intentional bankruptcies. The article states that through these examinations on the fact of deliberate bankruptcy, a check can be made on the compliance of accounting documents with the actual state of the organization, a check on the organization’s assessment and the movement of fixed assets.
Gaps in Russian Legislation. 2020;13(4):277-280
pages 277-280 views

Detention, as a measure of procedural coercion and difficulties associated with the detention of a suspect (accused)

Kanokova L.

Resumo

The author considers the legal consequences of detention as a measure of procedural compulsion, and the problems associated with the detention of a suspect (accused). Based on the norms of the criminal procedure code of the Russian Federation, from the moment of practical detention, a person does not automatically acquire the full status of a suspect. This status is granted to a person only if an authorized official issues a procedural act in the form of a report on the suspect's detention, which should be considered his actual detention. At the same time, in practice, the rights and freedoms of a suspect are restricted until the moment of actual detention, which creates significant difficulties for compliance with the norms of criminal procedure legislation by officials conducting preliminary investigations. These restrictions also affect the right to freedom and personal integrity of the detained person, as well as the right to protection
Gaps in Russian Legislation. 2020;13(4):281-284
pages 281-284 views

Combating corruption: comparative legal analysis of foreign legislation and legal practice

Kanunnikova N.

Resumo

The public relations governing the scope of international law are the object of the research. As the subject the author chose the study of corruption from the point of view of counteracting this terrible phenomenon in the international legal format and on the basis of international law enforcement practice. The purpose of the study is the conduction of a comparative legal analysis of foreign experience and law enforcement practice in the field of combating corruption; characteristics of national anti-corruption systems of states, the choice of which for conducting research within the framework of the article is not accidental, since its expediency is determined by the author on the basis of statistical data on the situation with corruption in these states. A comparative analysis conducted by the author allows us to formulate conclusions: on the multidimensionality and inconsistency of this concept; on the one-sided interpretation of this concept, mainly in the criminal law plane; on the cumbersomeness of international legislation created by frequent duplication of the regulatory framework governing the field of activity investigated in the article; on rather weak mechanisms for adapting national legislation in the field of combating corruption to international legal norms; on the insufficient use of the civil society potential by states fighting corruption; on the absence of a specific (separate) body carrying out the fight against corruption in the format of international crime; on the need to develop a single trend (methodology) for the international community legal development in the designated area of research; on the fact that the effectiveness of the fight against corruption in the Russian state lies in the meaningful improvement of anti-corruption legislation with an emphasis mainly on domestic methods of legal regulation. The author proposes an interpretation of the concept of “corruption” the main components of which could make up the basis of this concept in the international legal interpretation.
Gaps in Russian Legislation. 2020;13(4):285-289
pages 285-289 views

Problems of countering crime and some ways to overcome them

Kharaev A., Marynenko O.

Resumo

This article discusses the current problems of the fight against crime. The authors analyze the legal content of such categories as «crime», «problems of combating crime». Modern «thieves in law», criminal authorities and criminal leaders continue to actively create close-knit criminal communities. The mechanisms of their formation are most often built on the involvement of representatives of law enforcement agencies, state and municipal authorities and government in criminal activity. The fusion of leaders of organized crime with government at all levels allows them to sometimes easily avoid criminal liability. Organized crime takes on a transnational international character. One of the most important tasks of the state is the fight against crime. It is of particular importance in the modern period. State policy determines the need to develop effective measures and means to combat crime, improve the legislative framework and practice of law enforcement agencies. Based on the study, typical problem points of such a reaction are formulated.
Gaps in Russian Legislation. 2020;13(4):290-293
pages 290-293 views

Criminal law impact on the prevention of violations of the rules ensuring the safe operation of transport (article 268 of the Criminal Code of the Russian Federation)

Malikov B., Sheriev A.

Resumo

The material in the article reflects some problematic issues of the criminal law impact on the prevention of violations of the rules that ensure the safe operation of transport (Article 268 of the Criminal Code of the Russian Federation). The emphasis is on the relevance of the problem, since the interaction of citizens with transport is increasing in the social space, and the level of culture of the behavior of the latter lags behind safety requirements. Explicit (gross) violations of these rules by pedestrians, passengers and other persons, lead to grave consequences: causing death and harm to health. Statistics on transport crimes, law enforcement on transport offenses, preventive activities, including measures of criminal law, in relation to these entities, require optimization to bring them into a single system: a) ensure road safety; b) stimulating the proper behavior of pedestrians, passengers and other persons in the areas and situations of interaction with transport on the roads; c) the whole liability mechanism for transport and road offenses. In the interest of improving the procedures for qualifying acts that fall under Art. 268 of the Criminal Code of the Russian Federation, there is a need to make certain clarifications in the specified article of the Criminal Code of the Russian Federation and other regulatory legal acts.
Gaps in Russian Legislation. 2020;13(4):294-299
pages 294-299 views

New threats on the economic and national security of the country

Mambetova F., Fakov A.

Resumo

The purpose of the study was to analyze the level of influence of new threats (pandemics) on the economic and national security of the country. The article identifies the main problems and possible consequences of the pandemic in terms of its impact on economic and national security. Research objectives: to assess the level of impact of the new coronavirus pandemic on the country's economic system and the world economy, in the aspect of a new threat of a biological factor on economic and national security in peaceful conditions. Conclusions: there is a need To develop ways and mechanisms to prevent the use of methods such as long-term quarantine in the near future by creating new integration associations and groups of experts between scientists and specialists at the international level to accelerate the receipt of means to prevent a pandemic.
Gaps in Russian Legislation. 2020;13(4):300-303
pages 300-303 views

Organized crime as a special phenomenon: concept, essence and features

Cherkesov A.

Resumo

The article identifies and studies the essence and features of the concept of "organized crime". It is concluded that, being one of the forms of crime, it should be considered as a specific phenomenon, the spectrum of manifestations of which is not covered by traditional criminal law institutions, and the consideration of the features of which within the framework of criminal and other anti-criminal legislation cannot be characterized as sufficiently complete and consistent. Organized crime is a complex criminal phenomenon. It is characterized not only by the systemic nature of the implementation of criminal activity, but also by a special cohesion.
Gaps in Russian Legislation. 2020;13(4):304-307
pages 304-307 views

Characteristics of the motives of tricks when creating staged robberies

Hamgokov M.

Resumo

The perpetrators of the crime have always tried to cover their tracks to get away with it. Especially at a time when crimes are becoming more sophisticated as society develops. Along with the use of lies to give false testimony about the circumstances of a case, it is now common for criminals to stage a crime. The author draws attention to the relevance of the study of countermeasures to the investigation of crimes; in particular, ways of concealing crimes is due to several positions. Its essence consists in rendering by the persons who are not interested in revealing of the fact of a crime and the further establishment of all circumstances necessary for its disclosing and investigation, counteraction to law enforcement bodies. It often manifests itself in the fact that, at the scene of an incident, a person or persons creates an investigative picture that does not correspond to the actual actions that took place at that location. The author concludes the article with a general description of the motives for the tricks involved in creating the scenes of crimes.
Gaps in Russian Legislation. 2020;13(4):308-311
pages 308-311 views

Some of the characteristics organized criminal group

Kharzinova V.

Resumo

Organized criminal groups are one of the serious threats to the state national security of the Russian Federation, since they commit serious and especially serious crimes. The danger of such groups is that their activities are directed against the public, state and private lives of citizens and other persons The purpose of writing a scientific article is to consider some features of an organized criminal group and develop proposals for improving criminal legislation. Based on these goals, the task of scientific research was to study the features that characterize criminal organized groups, their similarities and differences, the correct qualification of what was done by such criminal groups, as well as the theory and practice of applying the norms of criminal law. The relevance of this article is due to the fact that the criminal legislation does not contain some characteristic features of various criminal groups. The article reveals some similar and distinctive characteristics of organized criminal groups and the problems of recognizing these groups as such. Different ways of forming criminal groups and what is the danger of such groups to society. Circumstances that indicate the creation of organized criminal groups. Features of the objective side of crimes committed by criminal groups. In the criminal law literature, the characteristic features indicated in the article are interpreted ambiguously. In this regard, we believe that for an unambiguous interpretation and correct application of the criminal law for the following components, the composition, characteristics, and goals of banditry should be regulated by law. The article can be used in investigations and proceedings of criminal cases. The author makes a systematic analysis of the characteristics of criminal groups and offers suggestions for improving criminal legislation. As a result of the research, the author made conclusions about the need for: 1) clear legislative regulation of the composition, feature, purpose of banditry; 2) legislative regulation of qualifying features, as well as the purpose of criminal organized groups that can distinguish them from each other; 3) amendments to part 3 of article 35 of the criminal code to recognize a criminal group as organized.
Gaps in Russian Legislation. 2020;13(4):312-315
pages 312-315 views

Improving of the criminal responsibility for illegal hospitalization to a medical organization providing psychiatric aid in stationary conditions

Manukyan A.

Resumo

Human life is the highest value in the modern world, and his health condition determines a number of special procedural actions. Special attention should be paid to the mental health of a person, which can significantly affect the independence of his decisions, including in the legal plan. In case when a person has serious mental disorders and needs appropriate medical care, the legislation of the Russian Federation provides for a person to be hospitalized in a psychiatric medical organization, which can be done with or without the consent of the individual or his legal representatives. The use of compulsory medical measures for certain categories of criminals who have mental disorders and medical conditions for the implementation of appropriate treatment is also relevant. Despite the detailed regulation of the procedures for involuntary hospitalization in a psychiatric medical organization of persons whose health condition requires these actions, in practice there are situations of illegal use of these procedures with criminal intent. The purpose of the paper is to analyze the grounds and process of criminalizing illegal hospitalization in a psychiatric medical organization. The focus is on the serious legal and medical consequences of this crime. The author concludes that the current criminal law norm is ineffective and formulates proposals for its improvement in terms of expanding the objective side of the analyzed crime by securing responsibility for the illegal hospitalization extension and clarifying the subject of the crime, taking into account the possible criminal intent of the legal representatives of a person with a mental disorder.
Gaps in Russian Legislation. 2020;13(4):316-321
pages 316-321 views

Response to fraud using electronic payment means in Russian Federation

Kodzokova L.

Resumo

Information technology and other modern achievements of science and technology are an integral part of human life. Most areas of the life of society and the state are switching to functioning in electronic format. This fact can significantly reduce the time for the implementation of various processes and make many actions as convenient as possible for people. The indicated technical progress primarily affected the financial and monetary sectors, where electronic means of payment are currently actively used. In these conditions, there is an intensification of criminal communities in the part of committing unlawful acts through electronic means of payment. The aim of this work is to analyze existing Russian mechanisms to combat fraud using electronic means of payment. Currently, there is a need to improve anti-fraud mechanisms in this area. It seems promising to take into account the practical aspects of fraud in this area in order to create effective mechanisms to combat this crime.
Gaps in Russian Legislation. 2020;13(4):322-325
pages 322-325 views

Countering crimes against family and minors, committed by violence

Shigalugova M.

Resumo

The institution of the family is important for the development of any state, because family helps the development of a person's personality from an early age. The foundations of upbringing, worldview and behavior, laid down in the family, play a decisive role for its further socialization. The existence of serious interpersonal and other problems in families lead to significant difficulties in the worldview of children who are brought up in them. The result of negative examples of antisocial behavior of parents is quite often the illegal actions of children, both at a minor age and as an adult. Taking into account the importance of the institution of the family, Russian legislation pays special attention to the protection of the rights of the most vulnerable categories of the population, namely minors. The purpose of writing this work is to analyze the current mechanisms for combating crimes against the family and minors committed through violence. The author comes to the conclusion that the use of violence has a serious impact on the psyche of the victims and can lead to irreversible processes for minors and other victims. Attention is focused on the need for timely detection and suppression of criminal behavior associated with the use of violence in families, in order to effectively counter crimes of this type.
Gaps in Russian Legislation. 2020;13(4):326-329
pages 326-329 views

Peculiarities of fighting attraction in prostitution in the Russian Federation

Kashirgov A.

Resumo

Prostitution as a social phenomenon has been known to Russian society since ancient times, but in most cases this activity causes a sharply negative attitude even at the level of everyday perception. The legal analysis of the spread of prostitution allows a high level of public condemnation of immoral behavior and state prohibition of certain actions in this area. Russian criminal law contains several provisions that provide for liability for crimes related to prostitution. Of particular importance for the effectiveness of counteraction to prostitution is currently the process of the primary getting into this activity. The purpose of this article is to identify the features of the fight against involvement in prostitution in the Russian Federation, taking into account modern realities. The author comes to the conclusion that it is not enough to use only criminal law instruments in the fight against involvement in prostitution. There is a need to take into account the identified features when organizing and carrying out work to counteract involvement in prostitution. Separate recommendations are formulated for working with the most vulnerable categories of the population. The development of the moral culture of the population and an increase in the level of legal literacy, which are able to prevent the analyzed illegal behavior, are highlighted as promising directions in the fight against involvement in prostitution.
Gaps in Russian Legislation. 2020;13(4):330-333
pages 330-333 views

Countering legalization (launching) of criminal receipts received in modern conditions

Urusov Z.

Resumo

Countering the legalization (laundering) of proceeds from crime is one of the priority tasks for most states. These activities are particularly relevant in the banking system. The mechanisms for counteracting the legalization (laundering) of proceeds from crime are directly related to the economic and legal realities of the modern development of the Russian state. The author analyzed the specified mechanism in the context of the functioning of financial institutions responsible for compliance with the requirements in this area. The main regulators in the field of combating money laundering are the Bank of Russia and Rosfinmonitoring. After analyzing the activities of the main subjects of counteracting the legalization (laundering) of income, the author concludes that it is advisable to improve the mechanism of counteracting the legalization (laundering) of income. The author suggests ways to improve activities to combat the legalization of proceeds of crime.
Gaps in Russian Legislation. 2020;13(4):334-337
pages 334-337 views

Some legal and ethical features of the status of persons assisting law enforcement agencies

Lyuev T.

Resumo

This article discusses some features of the status of persons providing tacit assistance to bodies engaged in operational-search activities from a legal, moral and ethical point of view. The problems arising due to the fact that the legal status of this category of persons are not fully defined at the legislative level are analyzed. And public opinion about the cooperation of citizens with law enforcement agencies is ambiguous. The analysis of the position of the European Court of Human Rights regarding the use in the criminal process of the results of operational-search activities obtained with the help of persons secretly cooperating with the police.
Gaps in Russian Legislation. 2020;13(4):338-340
pages 338-340 views

Some features of the administrative legal regulation of public security

Abazov I.

Resumo

Today, in criminal law, public safety as an object of criminal law protection is considered in the most general form as a certain combination of social relations, within the framework of which safe living conditions of society are ensured. In this sense, it is not only one of the needs of society, but also a common good, a common value, in the preservation and development of which the state, society and citizens are interested. Purpose of the study-development of optimal methods for a balanced mechanism of administrative regulation of public safety.
Gaps in Russian Legislation. 2020;13(4):341-343
pages 341-343 views

Activities of law enforcement agencies to counter migration violations

Tlupova A.

Resumo

The demographic and socio-economic development of any state depends on migration. This process affects all areas of the development of society. In this regard, the migration sphere is of interest to persons engaged in illegal activities. The author notes the need to combat illegal migration in order to ensure the national security of the Russian state. An important role in counteracting offenses and crimes is assigned to the Ministry of Internal Affairs of the Russian Federation, in the structure of which the Main Directorate for Migration operates. The main objective of this study is the analysis of the activities of law enforcement agencies to combat offenses in the migration sphere. The author analyzes the practice of combating illegal migration through operational preventive measures. The author comes to the conclusion that it is necessary to develop an effective methodology for the prevention and suppression of illegal migration, and to implement coordinated immigration control.
Gaps in Russian Legislation. 2020;13(4):344-346
pages 344-346 views

Legal meaning of the «age» category in criminal law

Abidov R.

Resumo

According to the author, differentiation of criminal responsibility is one of the priority directions of criminal policy of any state. It is the feature characterizing an individual that is one of the grounds taken by the legislator as differentiating. Age as an inseparable attribute in criminal law plays a huge role. This fact is natural - it is impossible to recognize any sane natural person as a subject of crime. This person must correspond to the age from which it is possible to bring criminal proceedings. The basis for determining age is the level of consciousness, the ability of a person to be aware of what is happening and to act sensibly in accordance with it. A human being cannot immediately after his birth understand all the actions and deeds being performed, let alone the consequences of his actions. This ability does not appear instantly; it develops during life and is formed when a person reaches a certain age. However, this does not happen for everyone. Article 20 of the Criminal Code of the Russian Federation (hereinafter referred to as the Russian Criminal Code) states that a person who has reached the age of sixteen at the time of committing the crime will be subject to criminal liability. Part 2 of the same article specifies the list of crimes for which a person can be held liable from the age of fourteen. This highlights the problem of sanity. A person may be held criminally liable if he or she has not only reached a certain age, but also his or her mental capacity corresponds to that age.
Gaps in Russian Legislation. 2020;13(4):347-350
pages 347-350 views

Individual preventive work with minors as a means of adolescent crime prevention

Animokov I.

Resumo

The problem of juvenile delinquency is one of the most significant social problems, it is always under close attention, since crimes committed by teenagers are more violent than crimes committed by adults. They are committed with special aggression and malice. In this regard, special attention should be paid to the prevention of juvenile delinquency. One of the most effective means of preventing juvenile delinquency today is individual preventive work with minors, which is a targeted impact on teenagers, who can be expected to commit crimes, as well as influence their social environment. The purpose of this study is to identify the specifics of individual preventive work with minors used as a means of countering crime. At present, the prevention of juvenile delinquency is a complex of tasks and activities aimed at creating intolerance among adolescents to illegal behavior; it is a complex, versatile work based on the child's psyche knowledge. Analyzing the goals, tasks and specifics of individual preventive work with minors, the author comes to the conclusion that in the process of its implementation various forms and methods should be used, they depend primarily on the personal qualities of a teenager. At the same time, despite the variety of forms and methods of preventive work, it is impossible to prioritize one of them in relation to minors; the effectiveness of countering juvenile delinquency can be achieved only by a combination of the methods discussed in the article and if they are applied by a qualified subject: a teacher, a psychologist, a police officer.
Gaps in Russian Legislation. 2020;13(4):351-354
pages 351-354 views

Features of the prevention of crimes committed by persons with mental defects

Ashkhotova L.

Resumo

Subjects of combating crime in the process of investigating crimes must take into account the mental disorders of the offender. Psychophysiological processes are normal and anomalies determine human behavior and are one of the main main causes of illegal actions. Recently, there has been interest on the part of scientists. The solution to the crime problem of persons with mental defects lies not only in the plane of the legal sciences. This fact determines the need to study this topic. This article notes the features of preventive work with persons with mental defects, indicates the relationship of mental anomalies with specific types of crimes committed by such persons. The purpose of this article is to study the effect of mental disorder on the criminal behavior of an individual, as well as to study the personality, characteristics of the character and manner of criminal behavior of persons with mental disorders and the specifics of counteracting the crimes they commit. The author concludes that it is impossible to apply any specific tactics to persons with mental defects, uniform methods suitable for the absolute majority, since the anomalies of the psyche and their manifestations are diverse. The activities of law enforcement agencies in this area should be aimed not only at strengthening the rule of law and order in society, but also at the need to improve the mental health of citizens.
Gaps in Russian Legislation. 2020;13(4):355-357
pages 355-357 views

Some issues on separate crime species incitement qualification

Bitov A.

Resumo

If you investigated any criminal case (it does not matter what article of the Criminal code) the investigator or the inquirer have to install the necessary signs of criminal acts: form of guilt, the actions or inaction of the perpetrator, consequences, etc. In addition, it is necessary to find out the reason and motive that prompted the person to commit a particular crime. In the case of influence on the desire to commit a crime by third parties, the provocation of the crime must be established. The paper analyzes the experience of judicial practice on the issues of criminal law assessment of provocative actions that are associated with the throwing (tossing) of illegal items and substances in circulation (for example, these may be: narcotic drugs, psychotropic substances, their analogues, firearms, ammunition, and others) to a person in order to form an artificial evidence base on the part of the prosecution.
Gaps in Russian Legislation. 2020;13(4):358-360
pages 358-360 views

Subjective signs of torture: problems of qualification

Zhurtov A.

Resumo

The structure of the corpus delicti, regulated by Russian industry legislation, is essential for the process of bringing to criminal responsibility and imposing punishment, taking into account its proportionality to the committed unlawful acts. When qualifying the actions of a criminal, objective and subjective signs of a criminal offense must be established without fail. A serious influence on the volume of negative consequences for the offender, directly related to the criminal punishment, its type and term, is the attitude of this person to the criminal acts committed by him. Russian legislation contains a prohibition on the commission of a number of actions, which include cruel and inhuman actions that can harm a person's life and health or humiliate his dignity. An example of these actions is torture, which can be used both in the process of exercising official powers by individuals and outside their official functions. The purpose of this work is to analyze the subjective signs of torture, to identify the existing problematic issues of their qualifications and to determine the main directions for improving Russian law enforcement practice. Particular attention is paid to the qualification of torture on such grounds as awareness of social danger and anticipation of socially dangerous consequences, goals, etc. The author comes to the conclusion that when qualifying torture, it is imperative to establish not only guilt, but also a special goal. Attention is focused on the need to adopt a separate criminal law norm governing liability for torture, since its absence significantly complicates law enforcement practice.
Gaps in Russian Legislation. 2020;13(4):361-363
pages 361-363 views

The use of modern technologies in combating crime

Takov A., Kardanova J.

Resumo

The purpose of this study was to study the problems of countering crime through the achievements of modern computer technologies. The article considers the prospects of using modern technologies, in particular the capabilities of IP-cameras, GLONASS and artificial intelligence, in combating crime. At the same time, the possibilities of using the achievements of modern technologies, which are intended to become irreplaceable assistants of law enforcement officials in obtaining and using information about illegal and criminal activities of various anti-social elements, have been explored. Objectives of the study: The use of the achievements of modern technologies will make it possible to solve the problems of combating crime most effectively and to successfully carry out professional tasks by the employees of the internal affairs agencies. Conclusions: The results of the study show that the use of computer information search engines -IP-cameras, GLONASS and artificial intelligence, will become indispensable assistants of law enforcement officials in obtaining and using information about illegal and criminal activities of various anti-social elements.
Gaps in Russian Legislation. 2020;13(4):364-366
pages 364-366 views

Criminal responsibility for false of voting results in the Russian Federation

Gutaev A.

Resumo

Elections are the most important institution in a democratic state, because through them the population determines the leadership of the state. The participation of the population in the management of state affairs allows one to take into account the views of society on the peculiarities of the formation of elected bodies of state power and officials. Russian electoral legislation regulates all the details of the organization and conduct of elections, from the moment of preparation for them and ending with challenging the voting results. The electoral process in Russia is a set of stages, each of which is characterized by the performance of certain procedural actions within the legislatively fixed terms. The process of determining the voting results is of particular importance for the electoral sphere and for the electoral institution as a whole. The purpose of this article is to analyze the criminal liability for falsifying the voting results in the Russian Federation. The author comes to the conclusion that the wording of the current criminal law norm is incorrect, which negatively affects the effectiveness of its application. Based on the research carried out, the most promising seems to be the improvement of Art. 142.1 of the Criminal Code of the Russian Federation by separating individual elements of a crime from the existing disposition, fixing qualifying signs, as well as determining proportionate punishments for each act, taking into account their public danger.
Gaps in Russian Legislation. 2020;13(4):367-370
pages 367-370 views

Some fraud qualification issues: the field of credit

Lyuev R.

Resumo

The presented article is an attempt to review and analyze the specifics of fraud qualification in the sphere of crediting. The author reveals the issues requiring permission at the stage of initiation of criminal proceedings. Looking through and analyzing statistical data it is evident that one of the most widespread types of fraud in the sphere under consideration is credit card fraud. Globalization processes are increasingly providing opportunities for criminal groups to implement their plans in this direction. This article reveals topical issues of qualification of the crime provided for by article 159 of the Criminal Code of the Russian Federation, as well as its delimitation from certain, related elements of crime. An attempt has been made to analyse the concept of the sphere of lending, and the concepts of a bank and another creditor have been analysed and disclosed. The article analyzes the subject of the crime, as well as the subjective side of the crime. Special attention is given to the analysis of the way of committing fraud in the sphere of crediting. The question is investigated, whether granting to bank or other creditor knowingly false and (or) unreliable information is the proof of presence in the committed elements of crime, provided by article 159.1 of the Criminal Code of the Russian Federation. In our opinion, it is necessary to exchange opinions and experience on this issue. The need for some changes to Article 159.1 of the Criminal Code of the Russian Federation and the adoption of a new resolution of the Plenum of the Supreme Court of the Russian Federation, which will resolve the difficulties existing today in the qualification of fraud in the field of credit.
Gaps in Russian Legislation. 2020;13(4):371-373
pages 371-373 views

Legal basis for the activities of local authorities local governments in the field of population protection from emergencies

Abazov A., Uporov I.

Resumo

The article reveals the legal basis for the activities of local self-government bodies in the field of protection of the population from emergency situations. Legislative and other normative legal acts, scientific works on the stated topic are studied. It is noted that in the post-Soviet period, Russia created a system of protection of the population from emergency situations, there is an appropriate legal regulation, but some aspects require adjustments, including those related to the need to amend the Constitution of Russia. The corresponding author's proposals are justified.
Gaps in Russian Legislation. 2020;13(4):374-378
pages 374-378 views

The role of educational institutions in juvenile delinquency

Gelyakhova L.

Resumo

Currently, juvenile delinquency is one of the most important areas of activity of state bodies and institutions. A special role is given to educational institutions. The behavior of adolescents, as well as his tendency to commit crimes, is influenced by many factors. Teachers not only work with adolescent families, but also actively monitor their lives on social networks, thereby being able to take action on time. Teenagers' behavior, as well as their propensity to commit crimes, is influenced by many factors: from family to social networks in which they spend most of their free time. Since educational institutions act as the subject that is closest to adolescents, therefore, it is the teachers who are able to respond in time to changes in the consciousness and life of the child, and protect him from entering the illegal path. In the article, the author analyzes the activities of educational institutions to combat teenage crime. The author comes to the conclusion that educational institutions are the main actors in the fight against juvenile delinquency, as they have a wide range of tools for implementing this function.
Gaps in Russian Legislation. 2020;13(4):379-382
pages 379-382 views

Public relations as a management function bodies of the internal affair

Mazdogova Z.

Resumo

In the functioning of internal Affairs bodies, the main interests are shown in caring for the fate of their homeland, as active participation in solving the problems of our multi-ethnic state, and at the same time as pride in the centuries-old culture and history of Russia, for the achievements of the Russian people in various spheres of public activity. Purpose: the author tried to reveal and characterize public relations as a function of management of internal Affairs bodies. And also consider the results of the reform of the internal Affairs system, one of the main goals of which was to transform the police from an authoritarian institution to a social one. Results: the study revealed that the majority of organizations, regardless of their forms, are in need of modern, developed social information management systems that allow establishing and maintaining public relations. Conclusions: only after citizens see that the police activity is transparent, the principle of public trust will be implemented, and it is also necessary to remember that no matter what highly scientific and justified technologies are used in the PR process, the most important factor and condition for success is a high level of public confidence in the internal Affairs bodies.
Gaps in Russian Legislation. 2020;13(4):383-387
pages 383-387 views

Alcohol intoxication as one of the determinants of adolescent crime

Kuliev I., Badamshin I.

Resumo

The subject of the publication is one of the most pressing problems in recent years - the alcoholization of young people and as a result, they commit crimes under the influence of alcohol. This article aims at a criminological analysis of the state of Affairs in this sphere, as well as assessment of the impact of intoxication on the crime, in which the authors came to the conclusion that alcohol, as a factor of "antisocial" behavior is not the direct cause of a criminal act, but is a fact, further contribute to the manifestation of socially dangerous behavior of individuals. The integrating basis for preventing deviant behavior on the part of minors is the improvement of ethical, aesthetic, and legal culture, including a return to national and cultural traditions, which is undoubtedly an important factor in the development of society.
Gaps in Russian Legislation. 2020;13(4):388-391
pages 388-391 views

Features of consideration of subjects of protection of public order and public security

Korkmazov A.

Resumo

The presented article attempts to consider the notion of public order as an integral system of relations formed by the implementation of social norms: - Legal norms, - Moral standards, - Norms related to public organization, - Traditional norms, - The ritual components of people's lives. From the point of view of law theory, public order will be defined as a public unit, within the framework of a systemic concept that includes volitional, ideological, social relations, economic, but necessarily characterized by the correlation of behavioral elements of their participants, predetermining the society by legal standards. It should not that this system prioritizes the consideration of socially significant links. Within the framework of this article, priority given to the existing distinctive characteristics of public order in both broad and narrow senses. We consider under public order in the broad sense the system of all social mechanisms of relations formed in the framework of all social norms and regulated by legal standards. A, hence, in the broad sense, it is considered that public order is a rather capacious notion, which includes the notion of law and order. Whereas, in a narrower sense, public order should be interpreted in terms of a system of public relations. Аactivities that ensure both personal and public safety of citizens, contribute to the functioning of the most important social processes of the rule of law, promote and ensure favorable conditions for the system of production and consumption of social benefits, respect for the interests of civil society, protection of the honor and dignity of citizens, national
Gaps in Russian Legislation. 2020;13(4):392-394
pages 392-394 views

Actual compositions in procedural law

Belousov V.

Resumo

The article deals with the specifics of actual compositions in procedural law. The author reveals the term of this definition, analyzes their essence and legal nature, touches on the classification of individual groups. The implementation of research tasks was achieved on the basis of an analysis of current legislation, in particular the criminal procedure code, the civil procedure code, as well as various scientific literature and monographs. This study focuses on the structure of the procedural factual system and its components, which are analyzed through a systematic approach. The methodological potential includes methods of comparative, logical and formal legal analysis, which allow us to fully reveal the concept, meaning and structure of actual structures in procedural law.
Gaps in Russian Legislation. 2020;13(4):395-399
pages 395-399 views

About restriction of constitutional rights and freedoms of the person and citizen in the Russian Federation

Shelegov Y., Shelegov V.

Resumo

The article is devoted to the problem of restricting human rights in the Russian Federation. It says that in any state a similar mechanism is provided, this is primarily necessary to protect the rights and legitimate interests of other citizens, protect society and the state. The article provides a classification of restrictions on rights for several reasons, discusses the features of restriction of rights, grounds for restrictions, entities authorized to restrict rights. Considering the types of rights that are not subject to restriction, the authors analyze the right to life. By international legal acts this right is recognized as absolute. The Constitution of the Russian Federation provides for the possibility of the use of the death penalty, and at the same time, a moratorium is imposed on its implementation. The authors conclude that as long as a moratorium on the death penalty has been imposed, it can be considered absolute. In conclusion, it is noted that restricting the rights of citizens is the most important function of the state. It is necessary to distinguish between a commensurate restriction and a disproportionate one, i.e. infringement. The authors note that to date, the grounds and procedure for restricting human rights in the Russian Federation comply with international standards in this area.
Gaps in Russian Legislation. 2020;13(4):400-406
pages 400-406 views

Small business and its role in the financial activity of municipalities

Savostyanova S.

Resumo

Based on statistical data, this article examines the importance of small business for solving problems to improve the socio-economic standard of living of the population in the country. The author analyzes its role in the formation of local budget revenues, paying attention to the need to develop such forms of small business as ecotourism, family business, and peasant agriculture. The author concludes that for the effective functioning of small business (small enterprises), it is necessary to establish interaction between small and large businesses, in particular, to provide financial support not only from the state, but also from large companies. In this article the concepts of "small enterprise", "small business", "small entrepreneurship" are applied as identical.
Gaps in Russian Legislation. 2020;13(4):407-413
pages 407-413 views

Problematic issues of implementing a culture of compliance with health, safety and environmental requirements in russia

Isakova A.

Resumo

Russia is home to the world's largest oil and gas complex for the production and use of natural energy resources, and exploration and development of new fields is continuing. Despite the developed legislation on industrial safety, labor protection, environmental protection and fire safety, accidents, accidents and injuries continue to occur at hazardous production facilities of the oil and gas complex, which in 80% of cases occur due to improper behavior of personnel and are an error of the safety system at work. To reduce accidents and deaths at work, an approach to creating a culture of compliance with health, safety and environmental requirements (hereinafter referred to as the culture of safety at work) has proven itself in international practice. The introduction of a safety culture at work is aimed at identifying potential risks and taking preventive measures to reduce risks. This article will be of interest to lawyers in the field of labor and environmental law, as well as managers and specialists in the field of industrial safety, labor protection and the environment.
Gaps in Russian Legislation. 2020;13(4):414-418
pages 414-418 views

Draft new criminal code of the Russian Federations. Special part. Chapter XIII. Crime against peace and security of humanity

Malinin V.

Resumo

This article is a continuation of a series of articles on the draft new Criminal Code, developed by the author on the basis of the published Encyclopedia of Criminal Law in 35 volumes, in the writing of which about 500 scientists from Russia and other countries take part, and the author studies 75 foreign codes . The concept of the draft new code and the first five chapters were published in issues 4-6 for 2017 and 1-3 for 2018. Journal of the Library of Criminal Law and Criminology, 6-8 - in the 2-4 issue of the Journal of Legal and Economic Studies for 2018. 9-12 - in the specified magazine. This article addresses crimes against peace and humanity.
Gaps in Russian Legislation. 2020;13(4):419-426
pages 419-426 views

To the question of the grounds for imposing a sentence more lenient than provided for by law (64 of the Criminal code of the Russian Federation)

Gadjieva A., Karaeva Z.

Resumo

The proposed publication raises problems related to the application of the provisions provided for in article 64 of the criminal code of the Russian Federation. Drawing attention to the imperfection of the construction of the studied norm, the authors note the uncertainty of its individual provisions, which in fact "frees the hands" of the judicial authorities and allows them to widely use the "freedom of judicial discretion". The result of judicial will is casuistic norms and excessive liberalization in relation to criminals, which is convincingly confirmed by examples from practice. The study notes that the application of provisions allowing the imposition of a sentence more lenient than provided for by law should be supplemented by an indication of the identity of the perpetrator, in addition, it should be prohibited to apply article 64 in the presence of two or more aggravating circumstances. Taking into account the obtained research results, the authors propose their own formulation of certain provisions specified in the article under study. The purpose of the study was to critically evaluate the norm on the imposition of a sentence more lenient than provided for by law, to identify its shortcomings, to assess how this affects practice and to suggest ways to improve this institution. Method of research. To achieve the research objectives, the following comparative, sociological, historical, statistical methods were used, as well as the method of formal legal logic. Scope of the results. The results of the author's research can be applied in law-making activities aimed at further improvement of criminal legislation, used in judicial practice as suggestions and recommendations, they are also of interest to students at law faculties, can be applied in the educational process.
Gaps in Russian Legislation. 2020;13(4):427-430
pages 427-430 views

Functional guidelines of the procedural management of the investigation in the activities of the heads of the investigative body

Murtuzaliev A.

Resumo

In this article, the author considers the functional guidelines of the procedural management of the preliminary investigation as a result of the activities of the leaders of the investigating authority, and also shows their significance for the theory of the criminal process and the practice of criminal investigation.
Gaps in Russian Legislation. 2020;13(4):431-436
pages 431-436 views

Essence proof in modern criminal proceedings of Russia: issues of admissibility of evidence obtained in the territory of foreign states within the framework of international cooperation

Akhmadullin A.

Resumo

This article is devoted to the issues of evidence in criminal cases, in particular, when officials of foreign States provide legal assistance at the request of the Russian Federation. At the same time, the issue related to the lack of a single definition of proof is considered. The essence of proof in the criminal proceedings of the Russian Federation, as well as the features of proof in obtaining legal assistance from foreign States at the request of the Russian Federation, is disclosed. A number of problems of admissibility of evidence obtained outside the territory of the Russian Federation in the course of international cooperation on the example of Russia and the United States are highlighted and analyzed. It is concluded that there is a need for a thorough and in-depth study of the problems of admissibility of evidence obtained outside the territory of the Russian Federation by officials of foreign States at the request of the Russian Federation for legal assistance, in order to resolve them.
Gaps in Russian Legislation. 2020;13(4):437-440
pages 437-440 views

Gaps in the legal regulation of the use of assisted reproductive technologies

Kruchinina N., Voronova N.

Resumo

The situation is analyzed in the article associated with an increase in the number of infertile couples, with the problems of determining reproductive human rights, with their protection and regulation. It is concluded that assisted reproductive technologies (in vitro fertilization, surrogacy, etc.) are effective methods of treating infertility. There are heated debates among scientists, public and religious figures regarding the possibilities of using the achievements of biotechnology in the process of human reproduction. The problems associated with the use of genetic technologies in the process of artificial human reproduction are identified: the imperfection of the legal framework, in particular, the legal status of the human embryo, the legitimacy of its use for scientific research and therapeutic purposes. In Russia, methods of assisted reproductive technologies (ART) have generally been used for a long time, but there is still no law regulating this area, but it is needed. Some countries have adopted such laws. Canada has passed the Assisted Human Reproduction Act. The article provides a detailed analysis of this law. In different countries, ART is treated differently: from the prohibition to state support, seeing in some cases a security threat, and in others - the potential for solving demographic and economic problems. Studying foreign experience, it is seen, that some countries use prohibitions on a number of methods of reproductive technologies. The article presents examples of the occurrence of legal liability for violation of these prohibitions. An analysis of legislation, practice, and scientific research related to surrogate motherhood allows us to conclude that where there is no clear legal regulation, there is the possibility of abuses and wrongs. The most common crimes committed in this area are human trafficking, fraud, extortion, falsification of evidence. Therefore, the process of improving legislation in the field of assisted reproductive technologies should continue.
Gaps in Russian Legislation. 2020;13(4):441-446
pages 441-446 views

The concept of lie in criminalistics

Podvoysky K.

Resumo

The aim of the study is to analyze various approaches to the term “deception” used in forensic science and other branches of knowledge, and to develop such concept which content will be best suited to criminalistics tasks. The article analyzes views on the concept of lies, conventionally divided to the "logical" and "psychological" approaches. And positions of various authors are analyzed through forensic point of view. On the one hand, this implies the need to separate true and false information. On the other hand, it is necessary to distinguish statements which are aimed to misinform the investigator from statements which do not have such a goal. It is proved that the use of a “logical” view to the term “lies” as the opposite of truth in criminalistics is not optimal, because it causes the need to introduce a redundant terminology. This problem is overcome by the “psychological” approach, which considers the lie not as a type of information, but as a type of communicative acts. The views of psychologists and criminologists on the system of concepts characterizing statements in the communication process are analyzed. The study showed that the classification of V.V. Znakov, although it is deeply reasonable, cannot be transferred to criminalistics. The forensic science is implying a separate examination of each act of reflecting information about the investigated event. And the system of concepts proposed by A.R. Ratinov allows to consider this fact. The article suggests a certain refinement of this system of concepts. As a result, the definition of lies as the transfer of information that is perceived by the subject as untrue (for example, incomplete or distorted), in order to mislead another person.
Gaps in Russian Legislation. 2020;13(4):447-453
pages 447-453 views

On measures of information support in the activities of law enforcement

Barchukov V.

Resumo

The article provides a classification of measures aimed at streamlining and increasing the efficiency of information support for the activities of law enforcement agencies. Purpose of the study: classification of information support measures in the activities of law enforcement agencies. The results of the study are the development of measures aimed at streamlining and increasing the efficiency of information support for the activities of law enforcement agencies, differentiated by different complexes. In the course of the study, the author concludes that in order to organize information support for law enforcement agencies, it is necessary to carry out activities consisting of the following complexes: legal, scientific, technical, resource and personnel.
Gaps in Russian Legislation. 2020;13(4):454-457
pages 454-457 views

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