卷 14, 编号 2 (2021)

Introduction The article is dedicated to the 70th anniversary of Petrova Galina Vladislavovna, a prominent domestic legal scholar in the field of financial, tax, budget law, international financial law and international legal regulation of foreign economic activity, Doctor of Law, Professor, currently working as a professor at the Department of Administrative and Financial Law MGIMO Russian Foreign Ministry. An extraordinary researcher, G.V. Petrova She devoted 46 years of scientific and pedagogical activity to work in the largest domestic research institutes and universities, creating a series of fundamental works on the legal problems of foreign economic relations, tax relations, financial and economic activities of the state and participants in financial markets at the national and international level. G.V. Petrova, for 46 years of fruitful scientific work, more than 250 scientific works have been published, including sections in international monographs, scientific articles in leading journals and periodicals of the USSR, the Russian Federation, foreign information publications, textbooks, monographs, comments on federal laws. Methods and discussion: The authors of this article, representing the circles of the legal scientific, teaching and publishing community, have been collaborating for many years and participating in international conferences together with Professor G.V. Petrova, knowing her as a deeply professional, multifaceted and hardworking scientist, one of the first founders of Russian scientific schools of tax law and international financial law. Conclusions and Results. Under the leadership of G.V. Petrova formed a scientific school of tax law and fiscal federalism, when she worked as head. Department of Financial Legislation of the Institute of Legislation and Comparative Law under the Government of the Russian Federation in 1998-2004. Another scientific school created by G.V. Petrova in the field of international financial law, formed during her work as head. the Department of Private International Law and Civil Procedure of the All-Russian State Tax Academy of the Ministry of Finance of Russia in 2004-2012, which from 2004 to the present continues to develop Petrova G.V. at the Department of Administrative and Financial Law of the International Law Faculty of MGIMO of the Ministry of Foreign Affairs of Russia.

The purpose of this work is to investigate legal strategies for overcoming value dissonance in legal regulation. The object of the research is the mechanisms of legal regulation and public administration. Subject - value dissonance as a factor that reduces the effectiveness of legal regulation and strategies to overcome it. The goal determined the use of general scientific methods (analysis, synthesis, induction, deduction, etc.), as well as methods of legal science (formal legal, comparative legal, historical and legal). The work analyzes the legal tools of two social reforms, the implementation of which had value contradictions. The first strategy for increasing efficiency is considered on the example of the legislation of the collectivization era of the 1930s. This strategy consisted of: 1) increasing obligations and prohibitions, primarily aimed at limiting alternative forms of production to the collective farm; 2) in establishing legal responsibility for previously (before collectivization) permissible acts, criminalizing the most harmful practices; 3) in strengthening control by the state over public life. The second legal strategy for overcoming value dissonance is discussed in the context of Russian legislation at the beginning of the 18th century. about mining activities. It consisted: 1) in the creation of incentives and the provision of benefits to entities engaged in innovative practice; 2) in expanding the application of permissions in the sphere of public life of interest. Findings. Legally established innovative patterns of behavior can be of low or even negative value in society. In this case, a value dissonance arises - a contradiction between the value system of society and the value attitudes transmitted by legislation. To overcome the negative influences of value dissonance, it is possible to use two strategies of legal regulation. The first is to push through discordant social practice by strengthening the imperative principles in legal regulation, the publication of law. The second strategy involves the expansion of the permissible type of legal regulation, the use of benefits and other incentives, which leads to an increase in the value of innovative forms of behavior in the public mind.

The purpose of the study. The purpose of this article is to reconstruct the process of the incorporation of the Kartli-Kakhetian kingdom into the Russian Empire, which took place against the background of the deaths of two leading actors, George XII and Paul I. This not only complicated the accession, but also violated the correct legal sequence of the most important political and legal actions. Conclusions. The process of the incorporation of the Kartli-Kakhetian kingdom was started from the point of Russian-Georgian relations when the Georgievsky treatise of 1783 actually ceased to be effective. In 1795, this was clearly demonstrated by the Iranian army, which, with the full connivance of the government of the Russian Empire, occupied and destroyed Georgia. George XII in September 1799 initiated the conclusion of a new comprehensive agreement with the government of Paul I, which almost completely deprived Georgia of its state sovereignty and made it part of Russia. The subsequent accession was carried out in clear violation of legal and diplomatic procedures. In particular, the most important point for the Georgians, the preservation, albeit at a nominal level, the institution of monarchy, was completely ignored. Paul I signed the manifesto on Georgia's accession to Russia without the consent of George on the final version of the "mutual act" or an agreement on accession. Based on the reports of the State Council, Alexander I changed his initially negative attitude towards the full incorporation of Georgia. With the publication of the manifesto on September 12, 1801, he clearly believed that by annexing Georgia to the empire, he was saving it from extinction. Both manifestos on Georgia's accession reflected the practice of imperial, unilateral action, despite the entire long history of negotiations and the desire to join the Russian Empire repeatedly expressed by the Georgian side. The Georgians had to come to terms with the fact that their statehood was abolished and Georgia became part of the Russian Empire as an ordinary province.

The concept of a legal entity as an independent legal entity, independent distinctiveness of its participants was formed gradually. In the Fatherland Law, it reached its climax in the Soviet era. It was then that such classical features of a legal entity were formulated as organizational unity, property isolation, and independent responsibility. The economic system drove this approach. In a planned socialist economy, an individual could not be the owner of the means of production, and therefore the legal personality of an enterprise was maximally alienated from a person's personality, which was reflected in its characteristics. For a long time, by inertia in Russian law and legislation, this alienation of the shareholder's personality from the legal entity's personality was preserved. The reason for the revision of this approach was the abuse by limited liability participants of legal entities controlled by them, using such a person as a "mask" for their activities and leading to a violation of creditors' interests. In this regard, with Russia's transition to market relations, an interest arose in the foreign theory of corporate law, which developed mechanisms to combat such abuses, studies of corporate forms of a legal entity, and mechanisms for bringing controllers and beneficial owners to justice were updated. The article examines the dynamics of the transformation of a legal entity's theory from dependence to independence and again to its dependence. It is argued that the shareholder's connection with the legal entity is preserved, and complete separation of the legal personality from the shareholder's personality is impossible, which is confirmed by the doctrine, law enforcement practice, and trends in the development of legislation on legal entities.

The review article was prepared following the results of the scientific and practical conference on the topic "Legal and legislative aspects of supporting families and family values in the Russian Federation" held at the Moscow Chamber of Commerce and Industry. This event was organized under the auspices of the All-Russian political party "United Russia" and is designed to develop approaches to solving one of the main threats to national security - the demographic crisis caused by a drop in the birth rate and degradation of social development, rejecting traditional family values, supplying modern progress in their place. in particular, the ideas of transhumanism and much more. Special attention of the participants of the scientific and practical conference was focused on the problem of legal regulation and practical implementation of assisted reproductive technologies on the territory of the Russian Federation, which led to a massive violation of citizens' rights, as some speakers spoke about in their speeches. Many of them attended public hearings in the Public Chamber of the Russian Federation (the review was published in the journal Gaps in Russian Legislation, Vol. 14, No. 1 for 2021), as well as at a meeting of the working group in the State Duma of the Federal Assembly of the Russian Federation (the review was published in the journal "Problems of Economics and Legal Practice", V. 17, No. 1 for 2021) - interrelated activities aimed at developing state policy in the field of legal regulation of the use of reproductive technologies in the territory of our country. With the expression of consolidated concern about the actual gradual extinction of the nation and full awareness of the lamentable state of the family policy of the Russian state and the ineffectiveness of the measures to support large families being implemented today, it was proposed to send to all interested government institutions the agreed text of the final resolution, which will spell out active measures to normalize the situation and speed up overcoming the demographic crisis: joining the Geneva Consensus (on the protection of the family), the adoption at the level of the Union State of the Convention on the Protection of the Family, the adoption of a law on bioethics and biosafety, universities for large families, changing the technology of subsidizing mortgages, issuing land capital for large families), preventing the proliferation of juvenile justice technologies in Russia, regulating the medical termination of pregnancy (a ban on abortion in private clinics, a ban on promoting abortion and the introduction of liability for incitement to abortion) and much more.

The author examines the role and significance of the basic standards of financial institutions. The reasons for the standardization of the activities of financial organizations are analyzed and the goals achieved during the adoption of the acts under consideration are identified. The aim of the study is to determine the impact of standards on the process of organizing the activities of financial market participants. This is necessary to establish directions for the development of the mechanism of legal regulation and supervision in the financial market. Results. As a result of the study, the author comes to the conclusion that the process of standardization of financial relations in the financial market ensures the unification of the mechanism of financial and legal regulation of the activities of various financial intermediaries, standardization provides a combination of mechanisms of public law regulation and self-regulation. The author concludes that the inclusion of the basic standards of financial organizations in the system of sources of financial and legal regulation of the financial market ensures the formation of a system of behavioral supervision of the Bank of Russia.

The purpose of this work is to study the issues of legal regulation of the remote form of labor organization, as well as to analyze various models of remote work. In the course of the study, conclusions were obtained that the remote form of labor organization has recently become increasingly widespread. At the same time, there is currently no single concept that synthesizes such definitive norms as "remote work", "home work" and "self-employment". We believe that it is advisable to introduce the general term "remote work". The legislation lacks legal identification of many current forms of remote work, including self-employment, temporary and combined remote work, as well as civil law norms that would regulate the regime of self-employment. Identifying features of the remote nature of the function performed include: the absence of a stationary workplace for one of the parties to the contract (the contractor), the virtual nature of interaction with the customer (employer). Due to the fact that the remote employee is on the staff of the organization, he is subject to the requirements of the Labor Code of the Russian Federation. Within the framework of remote work, it is advisable to distinguish such models as: remote work, based on the forced/directive or conscious choice of a remote form of labor organization on the part of the employer/employee, and remote work, which has a combined (partial remote work) nature. When transferring an employee to a remote form of work, it is necessary to approve: the work schedule, methods of information exchange, options for providing the necessary equipment and software products. In addition to remote work, there is a so-called "self-employment" ("freelance"), the legal relations for which should be regulated by the Civil Code of the Russian Federation.

This article examines the "forest" concept. The relevance of this topic is due to the ambiguous definition of this concept in forestry legislation (its general, abstract nature), as well as the influence of the legal definition of the "forest" concept on the content of forest relations. To reveal the essential characteristics of the "forest" concept, the article examines and analyzes the legislative definition of this concept, as well as the approaches to its definition adopted in the legal doctrine. The article proposes a definition of the "forest" concept, which takes into account such important characteristics as the earth's surface (territory) and the presence of forest vegetation on it.

This article presents a study on a topical and highly controversial topic of the real impact of the decriminalization of certain acts on the sphere of public relations, regulated by criminal legislation. In particular, the author notes some tendencies outlined and implemented by the legislator in terms of lowering the threshold of liability for crimes in the sphere of illegal circulation of narcotic drugs and psychotropic substances, provided that these funds (substances) were lost or lost by medical workers. Purpose of the article: To analyze the consistency and consistency of measures aimed at partial decriminalization of acts under Art. 228.2 of the Criminal Code of the Russian Federation, affecting such a category of subjects of crimes as medical workers. Methodology and methods: the article uses the comparative legal research method, as well as the method of interpreting legal norms, which make it possible to better comprehend the institutions of criminal law and determine the main directions of their development. Conclusions: As a result of this study, the author comes to the conclusion that the issue of partial decriminalization of Article 228.2 of the Criminal Code of the Russian Federation should be addressed in more detail. It seems expedient to correct the concept of “loss” by introducing into this definition such important features of the objective side as “action” and “inaction”. Also, according to the author, it is necessary to clarify the issue of determining the form of guilt due to the fact that the provisions of the stated note will be supplemented with the words "against his will", which will allow in the future to give a more objective assessment of the facts of violation of the rules for storing narcotic drugs by specific officials.

The article deals with the emergence and development of such a socio-cultural phenomenon as prohibition. The author substantiates the conclusion that taboos and religious prescriptions were the forerunners of prohibition as a means of social management. The emergence and development of prohibition is associated with the formation of the prototype of the modern family and society. The early signaling system used by primitive people to communicate is also based on the prohibition of performing certain actions, which leads the author to the conclusion that culture arose as a result of the implementation of prohibitions in human society. The article provides examples of prohibitions contained in the sacred writings of world religions, which relate to different epochs of human history, but have one absolute similarity - the regulation of the life of a believer primarily with the help of a ban as a social regulator. The purpose of the study is to analyze the origins of the criminal law prohibition, to identify its ontological properties as a means of social management. This circumstance will allow us to develop rules for the adequate formation of a criminal law prohibition in the process of criminalization of acts at the present stage of the development of the Russian state. Conclusions. The criminal law prohibition originates from the primary means of social management, such as taboos and religious prescriptions. The importance of the genesis of prohibition is extremely high, since the origin of such phenomena as family, culture, and society is directly related to the emergence of prohibition and its development. The study of criminal law prohibitions and the mechanisms of its formation will allow us to identify the algorithm for creating adequate, socially-conditioned prescriptions in the criminal law

The article deals with criminal penalties that are not associated with isolation from society, which involve the involvement of convicts in labor. There are two ways to optimize mandatory work, correctional work, and forced labor.

One of the problems of the modern world is riots. They happen regardless of the development of sectoral legislation, including criminal ones. Legal systems qualify the functions of certain participants in these actions in different ways, in connection with which the tendency of separating organizational activities into a separate corpus delicti is currently becoming relevant. Russian criminal legislation in this context seems to be very progressive, however, despite the existence of an appropriate criminal law norm, the practice of bringing to responsibility in accordance with paragraph 1 of Art. 212 of the Criminal Code of the Russian Federation demonstrates controversial situations. So, quite a few questions arise in relation to the subject composition of the organization of mass riots and the internal mental attitude of the offender to the unlawful functionality that he carries out in relation to other participants in mass riots. The purpose of writing a research paper is to identify the existing problems of criminal liability for organizing mass riots. The author comes to the conclusion that at present, situations are widespread when persons under the age of 16 act as organizers of mass riots, which excludes the possibility of imposing punishment on them in accordance with the qualifications of their actions under paragraph 1 of Art. 212 of the Criminal Code of the Russian Federation. Attention is focused on preventing adolescents from being prosecuted from the age of 14 for participation in mass riots and qualifications for other articles of actions of organizers of the same age, in connection with which it is proposed to improve the relevant criminal law norms. It is noted that the organizers of the riots and the persons who prepare them have a direct intent to commit a crime, which is clearly reflected in the goals and motives of unlawful behavior.

This article is devoted to the main problems of involving a minor in drinking alcohol. It describes the involvement of this kind, reveals the views of various scientists, and also considers the point of view of the legislator on this issue. The author in his research reveals the concept of systematic involvement, as well as the degree of social danger of the influence of an adult on a young person when involving him in the use of alcoholic beverages. The article also examines the foreign experience of preventing such crimes.

Murder is a special socially dangerous crime that infringes on the most important human right - the right to life. The value of life is anchored internationally. At present, there are frequent cases of committing the considered in the presence of aggravating circumstances, for which more severe penalties are provided. This article examines one of the qualifying elements of murder - murder with extreme cruelty. The legal regulation of this crime, due to its particular cruelty, complicates the activities of law enforcement agencies. The sign of agony was identified as early as the 16th century, and was subsequently improved, however, as the qualifying composition was consolidated only in 1960. The study of the theoretical foundations of the crime in question made it possible to establish the ambiguity of the interpretation of the concept of "cruelty", which is also a problem of the side of law enforcement practice in the cases of this categories. Having analyzed the objective and subjective aspects of the crime in question, the author identified the main essential features of aggravated murder and determined that it is precisely in their determination that the greatest difficulties arise when qualifying murder with particular cruelty. The study allowed the author to substantiate the need to develop additional classification criteria for the sign of special cruelty of murder and their consolidation in the norm of the criminal law by making additions to Art. 105 of the Criminal Code of the Russian Federation.

The article considers the most relevant effective methods of combating the spread of coronavirus in penitentiary institutions. The study identified the reasons why an outbreak of any infectious disease poses a particular risk to the place of detention or imprisonment of persons. The purpose of the study was to analyze the foreign experience of penitentiary institutions of various states in the field of combating coronavirus. The methodological basis of the research is the application of general scientific and private scientific research methods. The goals and objectives of the study were set thanks to the method of formal logic. The method of analysis made it possible to study in detail and evaluate the entire range of measures that were applied by penitentiary institutions in different States. In turn, the modeling method was used to formulate conclusions on the effective use of advanced technologies in the process of preventing the spread of coronavirus in penitentiary institutions. Thus, the most effective measures to combat coronaviruses in places of detention and imprisonment were identified. The totality of measures taken by various States may be relevant for the Russian Federation and, subject to certain availability of information, they should be recorded for future tasks.

The article deals with the criminal-legal characteristics of corruption crimes. In the course of the study, analysis of its results, the author formed a definition of a corruption crime. The issues of relevance to the commission of corruption crimes by persons who are not vested with official powers are analyzed. In addition, the questions of qualification of crimes with a tinge of “corruption” in the commission of violent crimes were subjected to reflection.

A comprehensive criminological study of recidivistic violent crime against the individual and the formation of the main directions of countering the studied type of crime are not possible without establishing and studying the criminological features of the criminal's personality. In the article, the author defines a list of methodological difficulties faced by researchers in establishing the criminological characteristics of the personality of a recidivist who commits violent crimes. Also in the article the author gives the criminological characteristics of the study group the perpetrators are allocated on the basis of the results of empirical research conducted by the author, namely, determined by the age characteristics of prisoners, their marital status at the time of the crime, education, occupation and social status of the study categories of perpetrators, the features of convictions and prior criminal experience. At the end of the article, the author presents a generalized criminological portrait of a recidivist who commits a violent crime against the person.

The study of criminal procedural principles seems relevant in connection with their normative consolidation and the direct influence on the formation of criminal procedural institutions and individual norms. The addition of the current Code of Criminal Procedure to the new principle of the reasonable duration of criminal proceedings in article 6.1 defines new guarantees for the protection of the rights of the accused, the victim and other participants in the criminal process. At the same time, since the introduction of article 6.1, the Code of Criminal Procedure of the Russian Federation has been amended and supplemented on the basis of four laws. In addition, two Decisions of the Constitutional Court of the Russian Federation were adopted, which established inconsistency with the norms of the Constitution of certain provisions of Art. 6.1 of the Code of Criminal Procedure of the Russian Federation. The purpose of the real work is expressed in definition of the reasons of addition of the Criminal Procedure Code of the Russian Federation with the new principle, clarification of need of addition of contents of Article 6.1 of the Criminal Procedure Code of the Russian Federation with new norms and in other edition, the analysis of two Resolutions adopted by the Constitutional Court of the Russian Federation concerning check of constitutionality of content of the principle of the rationality of term of criminal proceedings enshrined in Article 6.1 of the Criminal Procedure Code of the Russian Federation. As a result of the study, the following conclusions were made. The formation of modern criminal procedure legislation is significantly influenced by the legal positions of the Constitutional Court of the Russian Federation. In particular, this conclusion is confirmed by the introduction of amendments and additions to the content of Article 6.1 of the Code of Criminal Procedure of the Russian Federation, which brought the norm in accordance with constitutional provisions. The relevant Decision of the Plenum of the Supreme Court of the Russian Federation of 29.03.2016 № 11 «On certain issues arising in the consideration of cases of awarding compensation for violation of the right to judicial proceedings within a reasonable time or the right to execute a judicial act within a reasonable time» led to uniformity in the law enforcement activities of the criminal prosecution authorities and the court. The expanded scope of article 6.1 of the Code of Criminal Procedure of the Russian Federation and the proposal to move new parts of this norm to Art. 124 and 125 of the Code of Criminal Procedure of the Russian Federation.

Purpose, task: A number of ideological, theoretical and doctrinal reasons prevent the establishment of a correct view of the organization of crime prevention and the place of the Prosecutor's office in this organization. The aim of the work is to optimize the institution of prosecution in the legal organization of crime prevention. The task set by the author is to formulate the existing problem caused by the existing investigative version of such an organization and develop proposals for its optimal solution. Methodology: In the course of the research, both General scientific and private scientific research methods were used: deduction, induction, generalization, forecasting, modeling, comparison, formalization, etc. Conclusions: as a result of the analysis of various points of view that exist in the doctrine of criminal procedure law on the legal organization of combating crime, the author criticizes the investigative version of such an organization and justifies the need to use the Prosecutor's model. The author's position is based on constitutional and legal norms, norms of criminal procedure legislation, as well as the claim theory of the prosecution. It is argued that the basis of the legal organization of crime is the criminal procedure Institute of prosecution. According to the author of the article, the Prosecutor should be positioned as a subject of the public right to a criminal claim (accusation). The judicial mechanism should be set in motion through the introduction of charges in court, the result of which is a verdict or other final procedural decision in a criminal case. The possibility of subsequent use: The results obtained in the course of the study can be used to improve the domestic criminal procedure legislation, continue research in the field of development of the Institute of prosecution in court proceedings, to improve judicial and investigative practice, as well as in the course of the educational process when preparing students in the direction of «Jurisprudence». The practical significance of the results is expressed in the possibility of their use in investigative and judicial activities. Social significance of the results obtained is seen in the optimization of the criminal procedure Institute of prosecution in criminal proceedings.

Terrorism, as the main living threat to humanity in the 21st century, has every chance of mutation. Combining "dashing", "traditional" and epidemic terrorism, against the backdrop of the COVID-19 pandemic, makes it possible to present a new face of terrorism - biological terrorism. This modification of terrorism involves the implementation of a deliberate, conscious, purposeful threat, using pathogenic microorganisms, viruses, bacterial toxins, etc., for the purpose of mass destruction of enemy manpower, farm animals, crops, etc. The purpose of the work is to assess the real and potential biohazard, bioterrorism.

The purpose of the study is to conduct a comprehensive analysis of the search tactics and identify its features. In the course of the study, the following methods of scientific knowledge were used: analysis, synthesis, induction, interviewing and comparison. As a result of the study, the authors came to the following conclusions and results. 1. Knowledge and timely application of tactical techniques in the production of a search can significantly increase its effectiveness. 2. The tactics of conducting a search are more complex than the tactics of seizure, which is associated with the difficulties of carrying out the actions of the claim, a significant increase in the forces and means used, and the degree of opposition to the investigation. 3. The most effective tactical techniques used in the activities of investigative units in the preparation and conduct of a search have been identified, which have positively proven themselves in practice. 4. Objects subject to seizure when found during a search have been systematized. 5. The investigator has the possibility of stopping the conduct of the search in the event of the release of the sought-after objects, however, as a rule, it seems inappropriate to use it, because the possibility is not excluded that the person who is being searched is trying to hide something from the investigator, motivating the latter to premature termination of this investigative action.

The purpose of the research. The article deals with some methodological features of the production of forensic technical expertise of documents that have been changed as a result of the influence of environmental factors. The author offers recommendations for the initial inspection of these objects, their preparation for research and subsequent stabilization. Special attention is paid to the specifics of the forensic study of paper and the possibilities of establishing the type of writing materials. Results. The use of the methodological recommendations will contribute to improving the efficiency of solving various diagnostic tasks of forensic and technical research of documents, which will ultimately have a positive impact on the effectiveness of law enforcement activities.

Construction is one of the most criminalized sectors of the economy, which is due to significant financial investments in it. So, in the construction sphere of railway transport in the Russian Federation until 2030 it is planned to send at least 12.5 trillion rubles from the federal budget and the budgets of the subjects of the federation. According to the author of the article, while having common features of the construction industry, there are peculiarities considered in the railway transport construction sphere which help to function on detention and investigation of crimes committed not only by officials in the construction organizations but also by the other subjects involved in our researched science. The necessity of criminal investigation in a variety of financial and economic relations between subjects based on stages of the building process starting with the execution of competitive procurement procedures up to the completed works acceptance phase is offered to be reviewed. Particular attention is drawn to the ability of economic security and combating the corruption case officers to effectively detect crimes in the respective direction through using information about the subjects of committed crimes in the researched category of criminal proceedings, their special features, ways and documentation used for committing & concealing those crimes.

This article examines the legislation of the Noah period, the main provisions of Which are based on the seven commandments described in the book of Genesis of the old Testament of the mosaic Pentateuch, which determine the legal order of governance of the ancient Israeli people based on religious principles. The seven commandments undoubtedly establish some of the first provisions of legislation and legal norms both in Eden and on earth, determining the nature of the legal norms themselves, both in form and content. The state form of government is established in the Chapter, where the leading role belongs to the only leader - the Lord. In the future books of the old Testament, this order of government will only be supplemented and improved, but its principles will not change. Noah's legislation harmoniously combines a symbiosis of administrative, human, religious, civil, criminal, and other norms that by merging affect all areas of human life and activity, and will remain relevant to the present day. The purpose of the research is to carry out a scientific analysis Of the code of Noah as one of the old Testament sources of modern administrative law. Based on the research, conclusions were drawn about the need to develop theoretical provisions and recommendations aimed at improving the Institute of administrative law.

This article examined the issues of termination of pregnancy under the criminal law of Russia and foreign countries, as well as the criminal - legal aspects of illegal conduct of this activity. The purpose of this article is to conduct a comparative study of the criminal law aspects of termination of pregnancy under the criminal law of the Russian Federation and the law of the United Kingdom of Great Britain and Northern Ireland, as well as Lithuania and Latvia. Methodology and methods: for the implementation of the goals and objectives set in this article, a comparative legal research method, induction, synthesis, a method of interpreting legal norms were used, allowing to analyze the existing problems, as well as to determine the main directions of criminal legal counteraction to crime. Conclusions: Based on the results of the review, the following conclusions were made: 1- in violation of the provisions of the current legislation, artificial termination of pregnancy can be carried out by an obstetrician-gynecologist, but outside a medical organization, or in violation of the terms. This position finds its confirmation in the criminal legislation of many foreign states, in which the legislator provides for the responsibility of medical workers in case of violation of the conditions of artificial termination of pregnancy regulated by the law, and not only restricts the corpus delicti to the characteristics of its subject; 2 - on the advisability of amending Article 123 of the Criminal Code of the Russian Federation. Scope of the results: the material presented in this article may be of interest to students of higher educational institutions, graduate students, as well as researchers and teachers of law schools.