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卷 14, 编号 3 (2021)

Articles

pages 17-18 views

Peculiarities of International Terrorism Acts Counteraction

Kardanov R.

摘要

In the modern world, terrorism is recognized as a global problem. It poses a significant threat to public safety and the rule of law in most states. In this context, at the international and domestic levels, many normative legal acts are being adopted, including those that create the basis for proportionate and fair punishment of criminals who commit illegal acts of a terrorist nature. The most specific crime in this area under the legislation of the Russian Federation is an act of international terrorism, which consists in the commission of a number of unlawful actions outside the territory of the Russian state for purposes traditional for many terrorist organizations - violation of peace and law and order or the interests of a particular state. the criminal law providing for responsibility for this crime is not new to Russian practice, at present there are many questions regarding the effectiveness of the fight against acts of international terrorism. The purpose of this research paper is to identify the features of countering acts of international terrorism in order to improve the existing mechanisms of counterterrorism. activities. The author comes to the conclusion that the actual problems of countering acts of international terrorism are largely related to the difficulties of combating terrorism in general. Attention is focused on the presence of a number of features of the fight against this criminal act, which are objectively determined by the dynamism of the development of the criminal activities of terrorist organizations on a global scale. The author notes the most important role of the development of international cooperation in the fight against acts of international terrorism, which is associated with the condition of committing this crime outside the Russian state.
Gaps in Russian Legislation. 2021;14(3):19-22
pages 19-22 views

Actual Problems of Qualification of Public Calls for Extremist Activity

Kanunnikova N.

摘要

Illegal manifestations expressed in the form of extremist activity are identified by the author as the object of research. Of the entire array of extremist manifestations, the subject of the study is illegal actions expressed in the form of public calls for the implementation of this activity. The main aim of the study is based on linguistic and legal analysis of the term «appeal», the reformation part 2 of article 280 of the Russian Federation Criminal Code (hereinafter - the Criminal Code). A study conducted by the author in the article allows to formulate the following conclusions: significant diversity of the classification criteria of the term «conscription»; the specificity of appeals, subject to the elements of a crime stipulated by article 280 of the Russian Federation Criminal Code, defined by their publicity, specifics and motives; the allocation of part 2 in part 3 of article 280 of the Criminal Code of the phrase «the same acts, committed with the use of information and telecommunication networks, including the network «Internet»»; toughening sanctions re-formed by part 3 of article 280 of the Criminal Code.
Gaps in Russian Legislation. 2021;14(3):23-27
pages 23-27 views

Features of Criminal Legal Counteraction Manifestations of Extremism and Terrorism in Youth Environment

Gutieva I.

摘要

Extremism and terrorism are one of the primary tasks of any state. This activity is of particular importance when it comes to distribution among young people. In the Russian Federation, starting from 2020, the age limit for young people has been increased to 35 years. This gave rise to a number of questions related to significant differences in the physical and mental development of young people of different ages. These nuances are also reflected in the criminal activities of this category of the population, which must be taken into account when organizing and implementing measures to combat the above criminal acts. Representatives of the younger generation are always assessed taking into account their importance for the development of the state in the near future. In this regard, the large-scale dissemination of the ideas of extremism and terrorism among this category of the population will lead to significant crises. The author comes to the conclusion that at present there are a number of features of the above mechanisms. Attention is focused on the fact that in the most vulnerable age group of young people are minors 14-18 years old, who are exposed to outside influence, including with the aim of being involved in the activities of extremist and terrorist organizations.
Gaps in Russian Legislation. 2021;14(3):28-31
pages 28-31 views

Modern Terrorism and Extremism as a Potential Threat to State Security

Zhamborov A.

摘要

This article examines the development trends and features of modern (international) extremism and terrorism, which currently pose a significant threat to the foundations of the constitutional system of Russia. The author of the work draws attention to the fact that crimes of an extremist and terrorist nature are always highly resonant and pose a direct threat to security to the constitutional foundations of the social and state system, and in turn, this presupposes and requires from the state legal regulation of the fight against these negative phenomena as one of the priority tasks. The scale and geography of crimes of this nature indicate that almost any state can potentially be targeted by extremism and terrorism, and this does not depend on the level of socio-economic development, state and political structure and military power and capabilities of a particular country. The ideology of modern terrorism is represented by radicalist and, as a rule, religiously determined views, supporters of this ideology rely on violence and extremism in resolving social contradictions and implementing social transformations. Extremist and terrorist activities are the actual continuation of the ideas of radicalism, the foundation for which is the religious revival. Therefore, the prevention and fight against manifestations of extremist and terrorist orientation should be based on a nationwide set of measures involving a systematic and permanent nature, covering all the necessary levels of legal regulation, as well as the practice of applying anti-terrorist and anti-extremist legislation. In addition, it is important that when developing the above set of measures to combat these crimes, the international experience of other countries that have also faced extremism and terrorism in any form of their manifestations is used. It should be noted that Russia, through the relevant bodies and services, as well as interaction with international organizations, whose main activity is the prevention and fight against terrorist and extremist crimes, cooperates with many foreign states, which multiplies the effectiveness of countermeasures in the fight against international extremist terrorist organizations. Russian law enforcement agencies are increasingly combining their efforts and cooperating with law enforcement agencies and special services of foreign states, which makes it possible to develop a unified set of preventive measures to prevent, as well as an effective mechanism to counter manifestations of an extremist nature, neutralize international extremist and terrorist organizations. Countering criminal extremism and terrorism can be effective only when it is engaged not only by persons authorized by the Law, law enforcement officers, but the whole society as a whole, including representatives of the scientific world, scientists of various specialties.
Gaps in Russian Legislation. 2021;14(3):32-36
pages 32-36 views

Problems of Countering Terrorism and Extremism on the Internet Under the Conditions of Urban Digitalization

Manukyan A.

摘要

The digitalization of many spheres of life in Russian society through the introduction of modern technologies was of great importance for the development of the state as a whole. However, ubiquitous digitalization creates significant risks in terms of the spread of crime using the above technologies. Modern terrorist and extremist organizations are actively introducing digital technologies into criminal activities, which allows them to commit illegal acts at a new level. In addition, they use the global spread of the Internet not only to recruit and train stakeholders, but also to coordinate and commit crimes remotely. Despite the progressive Russian legislation, there are currently many difficulties associated with the digital capabilities of criminal communities. The author plans to identify the existing problems of countering terrorism and extremism on the Internet, taking into account the process of widespread digitalization. Currently, there are a number of aspects of the use of digital technologies that cannot be regulated within the legal framework. These situations contribute to the large-scale spread of prohibited Internet resources of a terrorist and extremist nature. Attention is focused on the utopian nature of the utopian control over the technical capabilities of digital systems, since the demand for prohibited resources gives rise to the activation of the creation of methods of access to them. The need to combat the spread of the ideas of terrorism and extremism through preventive and preventive work with the worldview and legal consciousness of the population in order to exclude interest in the relevant criminal acts is noted.
Gaps in Russian Legislation. 2021;14(3):37-41
pages 37-41 views

Criminal Legal Characteristic of Responsibility for Child Substitution

Shigalugova M.

摘要

The protection and protection of the rights of the family is of paramount importance for the development of Russian society, since the directly indicated institution has a decisive influence on the formation and formation of the personality of minors. Within the framework of the above-mentioned human rights activities, issues that simultaneously affect the interests of children and their parents acquire special relevance. One of the most dangerous crimes in this area is the substitution of children, due to which many vital ties between biological relatives are violated, which, in general, can lead to significant problems in the development of the child. Despite the long existence of the criminal law providing for responsibility for this crime, in practice, all the nuances of its commission within the general composition are not always taken into account. The purpose of the scientific study is the criminal legal characteristic of responsibility for substitution of a child under Russian law. The author comes to the conclusion that substitution of a child is justifiably singled out as a criminally punishable act, since the circle of victims in this case is very wide, and it is not limited exclusively to the child. Attention is focused on the fact that the materials of law enforcement practice demonstrate, albeit small, but stable statistics on the commission of the above-mentioned crime, which is largely due to the difficulties of its identification and investigation. The decisive importance for the qualification of acts under Art. 153 of the Criminal Code of the Russian Federation, characteristics of the subject and the subjective side of the substitution of a child. As a promising direction for improving criminal liability for this crime, the addition of Art. 153 of the Criminal Code of the Russian Federation as a qualifying feature in the form of the use of official position.
Gaps in Russian Legislation. 2021;14(3):42-45
pages 42-45 views

Criminological Characteristics of Fraud at the Present Stage of Public Relations Development

Urusov Z.

摘要

In the article, the author examines the criminological characteristics of fraud at the present stage of development of public relations, as one of the main components of the criminal legal field, as a means of developing preventive measures to combat crime. The analysis of the legal and regulatory framework governing the assignment of liability for fraudulent actions is made, as well as scientific publications and statistics in the field of criminology and criminal law. The aim of the work was to study aspects of the criminological characteristics of fraud at the present stage of social relations, their characteristics and main features. An analytical study of fraud at the present stage of development of public relations through the prism of criminological characteristics allows us to highlight the growth trends in crimes in the field of property and to draw a conclusion about the importance of the study for the development of preventive measures to combat fraud. The peculiarities of the criminological characteristics of fraud make it possible to highlight the correlation of theoretical criminal - legal aspects with practical ones, namely, the interdependence of the corpus delicti and the assessment of the personal qualities of the offender and the victim, as well as the conditions for the commission of the crime. The author of the article identifies the categories of victims of fraudulent actions and analyzes their personal qualities, as well as analyzes the main qualities of a person committing criminal acts. Analysis of the criminological features of fraud allows us to identify the main subspecies of fraudulent actions and assess the importance of corpus delicti for criminological characteristics at the present stage. The author draws a conclusion about the importance of the criminological characteristics of fraud at the present stage of development of public relations for the development of measures to combat crimes of this category.
Gaps in Russian Legislation. 2021;14(3):46-50
pages 46-50 views

Dominant Factors Inspiring the Spread of the Ideology of Terrorism in the Youth Environment: Problems and Ways of Localization

Korkmazov A., Bozieva Y.

摘要

The purpose of this study was to study the problems and ways of countering the factors that cause the spread of the ideology of terrorism in the youth environment. Moreover, as you know, this phenomenon is one of the significant problems of our time, the solution of which falls on the shoulders of state institutions and society as a whole, as well as law enforcement agencies. The tasks of the study are to analyze the causes of the emergence and spread of the ideology of terrorism in the youth environment, as well as to study its consequences and ways of localization. In our study, we tried to reveal the historical and social determinants that led to the spread of this phenomenon among youth audiences. However, within the framework of this study, in order to better understand the dominant factors of the origin of modern terrorism and its characteristics, we also considered it in the context of the influence of globalization processes. Conclusions: We have established that the most important direction of globalization is the formation of a close relationship between countries and states in various fields - economics, politics, social, cultural and trade spheres, ecology, information technologies, etc. Hence, together with the positive trends of globalization, its negative aspect was also highlighted: the accessibility of the information space has become one of the key factors in the penetration of the ideology of terrorism into the youth environment. Young people became the most involved group in the ideas of terrorism, primarily because of the accessibility to everyone of technological advances and new trends in the global information space. But in general, summarizing the sources and determinants that inspire the spread of the ideology of terrorism, in addition to the consequences of globalization, one should include a drop in the living standard of the population, legal nihilism in society, an aggravation of the political struggle, a drop in the authority of power.
Gaps in Russian Legislation. 2021;14(3):51-55
pages 51-55 views

On the Question of Nationalist Terrorism as a Global Threat of Modern Reality

Makoeva E.

摘要

In the introduction, the author of the article examines the origins of the phenomenon of terrorism. The author believes that terrorism is a defining theme of the post-Cold War era. The main body of the article emphasizes that terrorism is violence or the threat of violence used by non-state actors against “non-combatants” with the aim of exerting psychological influence on the audience outside the act itself for political, social, religious or ideological purposes. The main part draws the conclusion that although the manifestations of terrorism have changed in time and space, its fundamental premises have remained unchanged. It is also noted that the study of terrorism and the fight against it is a methodologically heterogeneous area, in which there are many discussions, including those extending to the main definitions of this thematic field. The paper highlights that technological advances have also opened up new opportunities for strengthening the security apparatus, but it is possible that terrorist groups have deployed these new tools even more effectively than the institutions against which they are directed. Among other things, the focus is on the situation with the COVID-19 pandemic, which has changed almost every facet of human life around the world, it also potentially affects the recruitment processes and the search for new objects and opportunities for terrorists to act. In addition, the coronavirus is affecting governance, creating political, social and economic instability. Terrorists can take advantage of this, as well as other scenarios and situations, such as emerging regional tensions between countries. This article emphasizes that ethno-religious nationalism also includes the politicization and mobilization of ethnicity and / or religion to bring about violent or non-violent socio-political change. In conclusion, the author concludes that ethnoreligious nationalism is an extensive set of concepts in which special attention is paid to a specific identity based on culture, religion, ethnicity or racial heritage.
Gaps in Russian Legislation. 2021;14(3):56-59
pages 56-59 views

The Synergistic Effect of Globalization and Its Impact on the Radicalization of Youth

Kuchmezov R.

摘要

The purpose of this study was to study the synergistic effect of globalization, which led to the emergence and spread of radicalism in the youth environment, which is expressed in both conscious and unconscious extremes in views and actions. Society faced a serious risk of destructive ideologies, especially in the youth environment, since it is it that constitutes the demographic group most susceptible to radical sentiments. The tasks of the study are to analyze the causes of the emergence and spread of radicalism in the youth environment. In our study, we tried to uncover the essential aspects of globalization processes that covered all spheres of human life. As a result, the world has experienced a crisis that has resulted in socio-economic, political, economic, demographic, environmental and humanitarian problems. Revealing the essence of the concept of "radicalization," we highlighted its multidimensional nature, which is expressed in the individual's acceptance of extremist political, social or religious ideals and their promotion by violent methods. We also considered the problem of radicalism through the lens of globalization, which began its evolution under the influence of three main factors: geopolitical, socio-economic and ideological. Conclusions: We found that the synergistic effect of globalization was manifested in the radicalization of youth and led to the creation of a mega-society and global networks over barriers and borders. The integration of world space and the erosion of national and cultural borders took a negative color, when any informal current and subculture found a way out in the manifestation of radical sentiments among young people, who, as the object of state interests, strategic personnel and labor resources, are most affected by opposition and destructive forces.
Gaps in Russian Legislation. 2021;14(3):60-63
pages 60-63 views

Education of Traditional Spiritual and Moral Values as a Method for Extremism Preventing

Dadova Z.

摘要

The article presents the actual problem of children and youth spiritual and moral education as a way of extremism prevention. The problem of being involved into extremist groups is especially current for our state. These problems, in turn, lead to the destruction of family and parenting institutions. The article analyzes the reasons for the young people involvement in extremist groups, and proposes measures and methods to prevent extremism. The growth of aggression and cruelty in society is the main reason for the considered problem. Having no idea about the ideological basis of extremist movements, adolescents and young people are negatively influenced and involved into extremist groups. The development of national and cultural traditions restrains the extremist ideas, sentiments and elements penetration into the citizens’ culture and behavior. The role of preserving national culture, national consciousness, moral and ethical concepts should not be underestimated. The formation of feelings of patriotism, citizenship, tolerance, ideas about intercultural communication, the cooperation and mutual assistance principles, the ability to hear other people, as well as the ability to manage negative emotions are the most important components of the person’s moral education. The author concludes that the spiritual and moral crisis that take place in modern Russian society can be overcome if the state creates all the conditions for the successful revival of spiritual norms and traditions, moral values. Carrying out work to develop sustainable immunity to the effects of extremist ideology in educational organizations is an important measure for the extremism prevention. This work should aim at the communicative, informational, social and legal, social and psychological knowledge formation in the younger generation. The result of successful spiritual and moral education should be a person with stable views and beliefs. It is important not only the correct educational goals and objectives formulation, but also their clear implementation in the process of children and adolescents teaching and upbringing. The task of the state is to create optimal conditions for the implementation of the children and youth spiritual and moral education, both in educational institutions and within the family.
Gaps in Russian Legislation. 2021;14(3):64-67
pages 64-67 views

On the Question of the Youth Anti-Extremist Consciousness Formation

Kurashinova A., Salkazanov V.

摘要

There is still a high level of young people involvement in extremist activities nowadays. Young people are still the main target audience of apologists for extremism, since, due to their age characteristics - the lack of critical thinking, the presence of protest moods, the desire for self-affirmation and liberation from the parents and teachers dictates - it turns out to be the most susceptible to all kinds of trends. The aim of the work is to study the possibilities of the young people anti-extremist consciousness formation as a factor acting in unity with activity and determining its motivation, regulating behavior, providing an appropriate result. The topicality of the article is due to the fact that the young people consciousness is increasingly becoming the subject of manipulation by extremist movements supporters, which use for this the temporary social and economic difficulties in the country, education and upbringing system disadvantages, spiritual poverty of young people and other negative factors that play into their hands. The need to analyze and search for possible ways to counter extremism remains. The article provides a general definition of the concept of «consciousness», examines its structure, in order to provide an understanding of what should be taken into account in the extremism preventing process. The object of the research is activities aimed at the anti-extremist consciousness formation among young people. The subject of the research is the analysis of the conditions and means of the youth anti-extremist consciousness formation. The authors point out that any activity (including the extremist one) is always associated with consciousness. Consciousness determines a person's views on the world, allowing him to rethink it and determining his main motives for action and his behavior. Understanding this requires the activities for the extremism prevention not become like symptomatic treatment; it is necessary to influence the sphere of young people consciousness, i.e. eliminate the cause of the «disease». In the conclusion, the authors emphasize that young people are the part of the population the future of the Russian state and society depends on. The lack of proper conditions for its development, personal growth and urgent needs satisfaction and the resulting frustration experiences inevitably push them to search for alternative opportunities to achieve their goals. Insufficiently developed critical thinking and the lack of internal censorship, solid knowledge and beliefs about universal human values make them easy prey for extremist activities representatives. Therefore, within the framework of preventive measures carried out in the country, it is necessary to pay attention to such an issue as the anti-extremist consciousness formation through systematic explanatory work among young people in order to improve the quality of their knowledge, moral values, thanks to which an attitude of destructive ideology rejection and condemnation could be formed in their minds.
Gaps in Russian Legislation. 2021;14(3):68-72
pages 68-72 views

Formation of National and Religious Tolerance Among Adolescents and Young People: Problems and Ways to Solve Them

Mazdogova Z.

摘要

Everyone has the right to adhere to their beliefs, but at the same time he is obliged to recognize the same right for others around him. The views of one person cannot be imposed on others. The purpose of this article is to study and analyze the problems of the formation of national and religious tolerance among adolescents and youth. This topic is the subject of a large number of scientific studies, despite its "youth" at the present stage of development of society, the degree of relevance of behavior problems in adolescents and young people does not diminish. In this work, a problem is posed and an attempt is made to determine the ways to solve it. Tolerance, as an important factor in the upbringing of young people, began to be given attention after the adoption and approval of the Declaration of Principles of Tolerance on November 16, 1995. Separately, the article pays attention to the periods of formation of ethnic identity, briefly reveals the main factors that have the strongest impact on the development of interethnic and interfaith interaction. In the conclusion, it is noted that the development of democracy in the world space, it would seem, should lead to the universalization and development of a culture of tolerance, however, as the events of recent years show, terrorism and violence on ethnic and national grounds remain the most important on the agenda.
Gaps in Russian Legislation. 2021;14(3):73-76
pages 73-76 views

Radicalism: Difficulties of Definitions

Urusova L.

摘要

The article examines the terms «radicalization», «deradicalization», «counteraction to radicalization». The relationship between radicalization, extremism and terrorism is examined. Historically, «radicalism» - as opposed to «extremism» - does not necessarily have negative connotations and is not synonymous with terrorism. The purpose of this article is to try to reveal the complexities of defining the phenomenon of «radicalism». The concept of «radicalism» has largely changed its meaning in the course of history. Radicalism can only be understood in terms of its distance or basic positions in the political spectrum of a given society. Radicalism is much less problematic for a democratic society than extremism, since real radicals tend to be more pragmatic and open to critical discourse. Radicals can be reformist and non-violent, while extremists tend to be closed-minded, intolerant, anti-democratic and willing to use all means, including deception, to achieve their goals. Both radicalism and extremism can be understood only in terms of their distance or basic positions in the political spectrum of a given society. That said, it makes sense, however, to distinguish between radicalism and extremism on the basis of the historical record of both phenomena. This study examines radicalization not only at the micro-level of «vulnerable persons», but also at the meso-level of the «radical environment» and at the macro-level of «radicalization of public opinion and political parties». Radicalization is a process that can occur on both sides of conflict dyads, and challenges several widely held assumptions. Various programs to counter radicalization and deradicalization have been studied.
Gaps in Russian Legislation. 2021;14(3):77-81
pages 77-81 views

Motivation of Students of Educational Organizations of the Ministry of Internal Affairs of Russia to Engage in Sports as The Main Criterion for Improving Professional Qualities

Gubzhokov A.

摘要

The purpose of this study was to study the questions of motivation of students of educational organizations of the Ministry of Internal Affairs of Russia to engage in sports as the main factor in improving professional qualities. Students of educational organizations of the Ministry of Internal Affairs of Russia face certain difficulties in training due to the receipt of a large amount of information and physical activity in a rather short period of time, which makes them adapt to a large load faster than cadets of educational organizations of the Ministry of Internal Affairs of Russia. It can also be argued that poor physical education can directly affect the success of law enforcement officials, their status, merits and the need to respect their representatives. The objectives of the study are to analyze the reasons for the application of innovative technologies in the educational space of universities of the Ministry of Internal Affairs of Russia. In educational organizations of the Ministry of Internal Affairs, great importance is attached to the development and strengthening of health and physical indicators of students. To achieve the proper level of physical perfection, it is necessary to develop the habit of playing sports and maintaining your condition, by systematically obtaining loads and performing various sets of exercises. The right motivation is an important component for continuing to engage in a dispute. Motivation is internal and external factors that are the driving force for achieving the goals set. It is the main factor for successful physical training. A motive is a process that controls a person's behavior, determining his orientation, organization, activity and stability. Conclusions: high requirements are placed on the health and physical development of students, since they will have to join the ranks of law enforcement agencies in the future. Employees of internal affairs bodies have always held a special status in society. Over the years, they have been looked at by both the younger generation and young colleagues who adopt their experience, so they need to set the right example and give advice on what a valiant law enforcement official should look like.
Gaps in Russian Legislation. 2021;14(3):82-85
pages 82-85 views

Patriotic Education of Police Officers as a Means of Improving the Effectiveness of the Fight Against Crime

Karachaev A.

摘要

Fostering a sense of patriotism among police officers is of crucial importance in the formation of a full-fledged self-sufficient personality with high professionalism, serving for the benefit of the Motherland. The facts from the history of the emergence of patriotism are mentioned, whose interests they represented, what importance they attached to the education of patriotism in Russia in the last century, how the program for the education of patriotism among police officers changed, what importance they attach to it now. The article deals with the problems of education of patriotism among law enforcement officers. In modern Russia, the previously not-so-important qualities of a police officer's personality are once again becoming a priority. The use of various means and methods in the work of fostering a sense of patriotism is raised in the work, and the structure, content, and components of patriotic education are also considered. This is a way of unity, integration, and readiness to protect your country and citizens in any situation, including from the harmful effects of criminal organizations. In the course of working on the article, the author identified a number of measures that contribute to the effectiveness of education of patriotism among law enforcement officers, as well as events that include competitions, evenings in memory of deceased employees during the performance of official duty, assistance to the remaining family members. They are also involved in the education of patriotism among young specialists, Veterans of the Ministry of Internal Affairs, veterans of the Second World War. There are such methods in the work of patriotic education as the method of example, encouragement, coercion, exercise, criticism, and persuasion. All methods should be approached correctly, using them in a complex. Among the means used in the education of a sense of patriotism among police officers, I would like to highlight the service rituals mentioned in the article. For their implementation, it is desirable to have symbols (coat of arms, flag, anthem of Russia, banners, etc.). The role of patriotic education of police officers and its connection in the fight against criminals is determined. A modern police officer must be fully developed and educated, in the consciousness of which such definitions as protection of the population from the criminal world, loyalty to the state, loyalty to the Fatherland are firmly established.
Gaps in Russian Legislation. 2021;14(3):86-89
pages 86-89 views

Informative Characteristics of Personal and Professional Qualities of Internal Affairs Officers in the Process of Professional Development

Beshtoev R.

摘要

The purpose of this study was to study the structure of personal and professional qualities of internal affairs officers formed in the process of improving their skills. Accordingly, the performance of their professional service depends on the level of these qualities. At the same time, in the process of advanced training, the police officers are tasked with achieving a high level of self-realization and a certain level of public recognition. Thus, the development of personal and professional qualities is an essential condition for the professional growth and improvement of professional qualities of internal affairs officers. The tasks of the study are to characterize the personal and professional qualities that internal affairs officers should possess in the course of professional activity. These are skills and skills to establish contact with people, build trusting communication and master skills in the prevention of intergroup conflicts. At the same time, in organizing the training process of internal affairs officers, it is necessary to build skills based on the formation of their stress resistance, the components of which are hazards, uncertainties, novelties, and time constraints. Conclusions: Each Department of Internal Affairs officer for the performance of professional activities is vested with the state with a range of powers. All actions performed by him are clearly regulated by law, which is not allowed to go beyond. And the main reason for this is that it can violate the rights and legitimate interests of citizens. An internal affairs officer, being a subject of law enforcement activities of the state, must meet the requirements of his profession, have individual, social, psycho physiological qualities and fulfill the tasks of the service, realizing them as part of the national task to protect public and state order. To this end, in the process of advanced training, the employees of the Department of Internal Affairs form a high level of professional knowledge, skills and skills, as well as increase the previously acquired professional skills. All this allows the police officer to perform law enforcement functions at a high professional level.
Gaps in Russian Legislation. 2021;14(3):90-93
pages 90-93 views

Professional Readiness of Police Employees for the Lawful Use of Physical Force in the Process of Public Order Protection

Yaroslavsky M.

摘要

The purpose of this study was to study the issues of developing the professional readiness of police officers for the lawful use of physical force in the process of protecting public order. The conceptual characteristics of use of physical force, suppression of offense and public order are considered and defined. The objectives of the study are to analyze the components of the professional readiness of police officers to use physical force against antisocial elements. It has been established that the correct and lawful use of physical force is one of the essential measures of administrative coercion that police officers use to protect the interests of the individual, the State and society from unlawful attacks by antisocial elements, as well as to ensure and maintain the public safety of citizens and the employee himself. Conclusions: In order to ensure legality in the use of combat techniques and measures of physical influence, they should be classified in terms of the degree of danger to the life and health of the persons to whom they are applied. The classification in this case is due to a number of factors: the coordination complexity of some techniques and the time frame for their development; the level of mastery of each reception and the ability to monitor the strength of its use; ability to apply reception depending on the current situation. conscientious study by police officers of the section "Combat methods of wrestling" in physical training classes forms their readiness for the lawful use of physical measures and methods of wrestling, which is the main condition in the manifestation of positive trends in the protection of public and legal order.
Gaps in Russian Legislation. 2021;14(3):94-97
pages 94-97 views

About the Content of Special Knowledge in the Investigation of Crimes

Yarychev N., Nagoeva M.

摘要

The article summarizes some results based on the scientific side of the problem of the use of special knowledge in the investigation of crimes, limiting itself to the kind of ontological aspect, which consists in the development of the theory, technical means, methods and techniques of forensic examination. The general trend in the development of expert forensic technology can be briefly characterized by noting that it consists in the development of new research methods, a consistent increase in the sensitivity of previous analytical methods, expanding the range of objects studied by these methods, increasing the number of detected signs and, ultimately, expanding the range of issues solved using special knowledge. However, along with the successes, there are a number of unresolved or not fully resolved problems.
Gaps in Russian Legislation. 2021;14(3):98-101
pages 98-101 views

Some Features of the Investigation of Crimes Committed by Organized Criminal Groups and Criminal Communities

Kharzinova V., Alchakov R.

摘要

Investigations of crimes committed by organized criminal groups and criminal communities have their own characteristic features, i.e. specific features peculiar to these structures. This article discusses these features and indicates that at the beginning of the investigation it is necessary to identify the common characteristics inherent in these elements of the crime. The purpose of writing a scientific article is to consider some of the characteristics of these groups and communities and to develop proposals for improving the production of preliminary investigations. Based on these goals, the task of the scientific research was to study the characteristics of situational criminal groups, companies, organized groups and communities. The relevance of this article is due to the fact that in the forensic and procedural literature this issue has been considered for a long time, but at the same time, the issues to be established in a criminal case are not highlighted.
Gaps in Russian Legislation. 2021;14(3):102-105
pages 102-105 views

Topical Issues of Liability for the Disclosure of the Secret of Adoption

Kumysheva M.

摘要

Adoption has serious social and legal features and consequences, in connection with which the Russian legislator pays close attention to the legality of its implementation. One of the aspects of the protection and protection of the rights of children and the family is to ensure the secrecy of adoption (adoption), for the disclosure of which in Russia criminal liability is provided. Despite the very contradictory assessments of the practice of applying the relevant criminal law, the disclosure of the above secrets can cause significant damage to the child and his relationship with the adoptive parents, which generally discredits the positive effect of adoption. In this context, many questions arise, objectively due to individual gaps and contradictions in the regulatory provisions of Art. 155 of the Criminal Code of the Russian Federation, which provides for liability for the above crime. The purpose of the research is to analyze topical issues of prosecution for divulging the secrets of adoption. The author comes to the conclusion that for the Russian reality, the regulation of criminal liability for the disclosure of the above information is extremely necessary due to the risk of the spread of illegal behavior in this area, especially from persons who have access to information about adoption (adoption) in the framework of official and other professional activities. Attention is focused on the need to improve the current criminal law in order to increase the efficiency of its application. The author's proposals are formulated to identify general and qualified corpus delicti in order to take into account the varying degrees of social danger of acts carried out by a special subject of illegal activity and other persons, provided that they have deep motives.
Gaps in Russian Legislation. 2021;14(3):106-109
pages 106-109 views

Problems of Protection of Witnesses Involved in Criminal Proceedings

Osmanov M.

摘要

The protection of a witness during a criminal trial is the most important component in proving the guilt of criminals. Ensuring organized protection is the responsibility of law enforcement agencies, provided for by the legislation of the Russian Federation. The article reveals the current problems of witness protection, gaps in the legislation that require adjustments and additions on this issue. The witness cannot be sure of his own safety, therefore, at any time in the criminal process, he can change the testimony or completely abandon them. The article provides measures to provide a witness to a crime, including many aspects: protection of close relatives of the witness, if they are in danger, change of appearance, replacement of documents and other measures. The topic of the relevance of the issue of providing a lawyer who will represent the interests of the witness, as well as explain to him all the procedures performed in the course of criminal cases, was also touched upon. The author draws attention to the issue of providing the witness with an interpreter, since he has the right to give evidence at the trial in any language convenient for him. The article mentions the need to tighten the responsibility for the influence of a witness, both on the part of the criminal and on the part of a representative of law enforcement agencies. At the same time, the witness of the crime, in turn, must be aware of his responsibility before the law in catching the criminal, realizing that this is his direct duty. Protection can be provided not only to the witness of the crime, but also to the victim, the private prosecutor, the interpreter, experts, specialists, plaintiffs and defendants. The author comes to the conclusion that the procedure for assigning protection measures should be simplified, since the criminal can outrun the implementation of protection by law enforcement agencies and put pressure on the witness, threatening him or his close relatives with violence. As for the witness, he must speak only the truth in court and is criminally liable for giving false testimony. The protection of a witness is carried out on the basis of an application and is considered within three days or immediately, if the circumstances require it.
Gaps in Russian Legislation. 2021;14(3):110-113
pages 110-113 views

The Hidden Network "Darknet": A Criminological Aspect

Kodzokov B.

摘要

The article studies the criminological aspect of using the "darknet" network, which in turn is a subnet of the public Internet. The analysis of the characteristic features of the personality of criminals who use infocommunication digital technologies as the subject of committing illegal torts is carried out, the common motives of their illegal activities are analyzed. Relevant conclusions about the selfish component of goal-setting of the so-called cybercrime have been formed. The works of various domestic scientists concerning the typology of cybercriminals have been analyzed, in connection with which the author has drawn the appropriate conclusions and additions to the already established definitions. A detailed study of the "darknet" subnetwork has been carried out, the contents of which have been subjected to empirical research in the form of content analysis. The choice of the topic of this scientific article is dictated by the modern realities of the globalization of various spheres of public relations, that the world network "Internet" is currently used by criminal elements for the implementation of illegal tort. The cross-border nature of the commission of crimes using the "darknet" network and the existing level of latency of crimes committed in the information and telecommunications space impedes the attempts of the law enforcement community, represented by law enforcement agencies of various states, to implement activities to counter cybercrime. The analysis of international the practice of regulating the darknet network, the results of which were laid in the “foundation” for the implementation of conclusions and conclusions aimed at streamlining the use of infocommunication networks, including the darknet network.
Gaps in Russian Legislation. 2021;14(3):114-117
pages 114-117 views

Cooperation Between Ministry of Internal Affairs of the Russian Federation and the Clergy in Countering Extremism

Misrokov T.

摘要

The article analyzes the experience accumulated in the Russian Federation of interaction between the internal affairs bodies and the official clergy of the largest world religions. The author examines the legal basis that has laid the foundation for successful cooperation between law enforcement agencies in general and internal affairs agencies in particular with representatives of the main religious denominations that have historically become widespread on the territory of the Russian Federation. The purpose of the work is to identify and critically reflect on gaps in the existing practice of countering extremism, as well as to formulate proposals for improving the practice of cooperation between the internal affairs bodies of the Russian Federation and the Russian clergy in preventing extremism and combating its various manifestations. The work focuses on the insufficient use of the potential of the world's largest religions in strengthening the atmosphere of mutual understanding, cooperation and mutual assistance in Russian society. The author comes to several conclusions. First, the legislation of the Russian Federation has formed an extensive regulatory framework necessary for the successful implementation of opportunities for coordinating the efforts of the internal affairs bodies of Russia, as well as other law enforcement agencies of our country and representatives of the Russian clergy in countering extremism. The task of the internal affairs bodies of the Russian Federation at this stage is systematic work to achieve the goals formulated by the legislation in the field of countering extremism. Secondly, the key to successfully countering extremism is to work with all categories of citizens, taking into account gender and age specifics, historical and cultural characteristics. Particular attention should be paid to the young rising generation of Russians, which is one of the most vulnerable categories of the population to negative impact. Thirdly, one of the most important aspects of successfully countering extremism is educational and educational work with the population aimed at forming in every citizen an objective and unbiased view of the culture, religion, customs and traditions of the peoples of Russia. The author believes that only an educated person with sufficient knowledge can confidently resist attempts to influence him by extremist organizations. Fourthly, the importance in the context of the spread of the coronavirus pandemic and the significant increase in the time that the inhabitants of our country spend in cyberspace dictate the need to intensify the efforts of the internal affairs bodies and the clergy to combat extremism on the Internet.
Gaps in Russian Legislation. 2021;14(3):118-124
pages 118-124 views

Characteristic Components and Backgrounds Inherent in People Who Commit Terrorist Acts

Mashekuasheva M.

摘要

Resume: At the beginning of its inception, terrorism was a radical form of protest against oppression and injustice. At present, terrorism is an instrument of the struggle for power and domination. The system of extremist views is attractive to the younger generation because its postulates are simple and unambiguous. There is no need to be involved in long-term economic, political and social transformation. There are only primitive calls for their destruction. Today terrorism is the most dangerous, dynamic and difficult to predict phenomenon. A phenomenon that is frightening in scale, threatening forms and methods. In the presented article, the author attempts to consider the origins of the formation of a terrorist worldview of an individual and to compile a psychological portrait of a potential terrorist. The author notes that the educational process should provide not only knowledge in a certain direction, but also form internal methods of countering external threats. Social competences should provide primary preventive measures to counter destructive ideological trends. It is necessary to clearly define and formulate the distinctive features of a law-abiding citizen and a person posing a terrorist threat.
Gaps in Russian Legislation. 2021;14(3):125-128
pages 125-128 views

Family Potential in Preventing Deviant Behavior of Children

Gelyakhova L.

摘要

The family is the main reference point that forms the positive qualities of the child. The family predetermines the most important educational functions at the initial stage of a child's development. At the initial stage, this institution accumulates all the information received outside the home. The author made an attempt, within the framework of the study, to consider the relationship between the above factors of adolescent deviation. In conclusion of the study, the author comes to the conclusion that the success of the formation of personal qualities is directly related to the most important social institution, the family. The effectiveness of the moral, physical and labor education of a child is directly proportional to the degree of well-being of the family in which he is brought up. In the practical activities of employees of the internal affairs bodies, this dependence is used in considering the portrait of the personality of a juvenile offender and an employee. It is enough for a competent specialist to communicate with a teenager in order to draw conclusions about what the family in which he was brought up is like. As well as communication with the parents of the child makes it possible to establish what kind of children they brought up. The most stable formation of self-confidence, a sense of security in tomorrow and love is given only by a deep connection with parents. And parents, in turn, receive joy and warmth. "We give children - life, and they give us - the meaning of life." It is the condition that predetermines the interdependence investigated in this article.
Gaps in Russian Legislation. 2021;14(3):129-132
pages 129-132 views

Methods of Fraud Using Electronic Payment Systems

Kodzokova L.

摘要

The forms and methods of theft are improving along with the development of crime. Electronic means of payment such as credit cards, e-wallets, bank accounts and others are becoming their subject. In this category, the first place among thefts belongs to fraud. Electronic payment fraud has become so widespread that it is time for financial institutions to take action. Today, there is no one hundred percent guarantee that cardholders or wallets will not become victims of fraud by criminals. With the introduction of new security mechanisms, fraudsters are adapting to new conditions, while developing effective methods of deception. The specificity of the criminal law norm on fraud with the use of electronic means of payment predetermines the need to establish a method of committing a crime as the main sign of a crime. The purpose of writing a research paper is a criminal legal analysis of ways to commit fraud using electronic payment systems. The author draws a conclusion about the high practical importance of the method of committing fraud using electronic means of payment for the development of effective means, techniques and methods of their disclosure and investigation. When studying fraud with the use of electronic payment systems, the author comes to the conclusion about the variety of ways to commit this type of crime. Of course, law enforcement officers, together with the competent authorities, are constantly fighting against fraudsters. But for more effective work, citizens need to be vigilant, as well as follow a number of recommendations. At the same time, it must be remembered that the methods of deception are expanding, so it is important to pay attention to suspicious nuances when carrying out settlement actions. There are problems of delimiting this composition from adjacent ones, which complicates its qualification, as well as law enforcement practice. They are also caused by the fact that since 2018 the scope of Article 159.3 of the Criminal Code of the Russian Federation has been expanded with the concept of «electronic means of payment». In addition, often, the commission of such crimes is associated with preliminary actions of a technical nature, which are difficult to recognize as criminal. The legislator's attempt to keep pace with the criminalization of electronic means of payment is obvious, but it seems advisable to clarify Article 159.3 of the Criminal Code of the Russian Federation, or to supplement Articles 158 and 159 of the Criminal Code of the Russian Federation with appropriate norms.
Gaps in Russian Legislation. 2021;14(3):133-137
pages 133-137 views

Prevention by the Internal Affairs Bodies at the Regional Level of Offenses Committed Using Information and Telecommunication Technologies (Based on Materials from the Stavropol Territory)

Vlasenko V., Kuliev I.

摘要

The changes taking place in our society in all spheres of political, economic and social life, first of all, affected the level of crime, namely crimes and offenses committed using modern information and telecommunication technologies. For the criminal community, terrorist groups, the Internet serves as the main channel for communication with young people and a way of recruiting them. Of course, factors such as ease of use, speed of information transfer and its anonymity, multimedia capabilities, weak legal regulation and easy access to the audience explain the popularity of this resource among criminals. Therefore, being an ideal means of communication, including for the dissemination of extremist ideas, the Internet in a sense acts as a vector contributing to the growth of offenses in this area. Currently, there is a continuous process of digitalization of property offenses, which is clearly seen in criminal statistics. “Traditional” thefts and frauds are being replaced by theft of electronic funds and fraud in the field of computer information and the use of electronic means of payment, which requires an adequate response from law enforcement agencies, including in terms of prevention. In this article, the authors consider the essential content and features of the functioning of the preventive direction of the internal affairs bodies of the Stavropol Territory, associated with the prevention of offenses committed using modern information and telecommunication technologies (cyber offenses), as well as its three constituent subdirections. In addition, the work provides a positive experience of organizing and carrying out preventive activities in this direction by divisions of the Main Directorate of the Ministry of Internal Affairs of Russia in the Stavropol Territory. These issues require further research in order to develop the main directions of crime prevention in this area, which is quite justified and promising.
Gaps in Russian Legislation. 2021;14(3):138-143
pages 138-143 views

Social Measures for Warning Crime in Rural Areas

Bondar A.

摘要

The article examines the measures for the general social prevention of illegal tort committed in rural areas, indicates the stages (levels) of preventive action. The paper presents the author's concept of characteristic features that are determinative for the commission of crimes in rural areas. Special attention is paid to the analysis of the state of crime in rural areas, which was carried out on the basis of official statistical reporting data of the Main Information and analytical center of the Ministry of Internal Affairs of the Russian Federation, as well as the Federal State Statistics Service of the Russian Federation. The article emphasizes that economic crime in rural areas is one of the most dangerous criminological categories of crime, the socially dangerous consequences of which are characterized by large damage to victims of its manifestations. As a general social measure to prevent crimes in rural areas, the author made a proposal to develop a state program for the implementation of measures of a general social, legal and ideological nature aimed at forming the development of a holistically positive outlook, rural residents, as well as business entities that conduct economic activities in such settlements, on the issues of countering lability to violation of the law, intolerance to corruption.
Gaps in Russian Legislation. 2021;14(3):144-148
pages 144-148 views

Criminological Characterization of Crimes Against Sexual Inviolability and Freedom of the Person as a Factor of Counteracting Crime

Animokov I.

摘要

In the article, the author considers the criminological characteristics of crimes against sexual freedom and inviolability of person, as a factor of counteraction to crime. The article analyzes the regulatory and legal framework governing the assignment of responsibility for crimes infringing upon sexual freedom and inviolability of the person as one of the most socially dangerous acts, destructively affecting the normal formation and development of social relations. The aim of the work was to study the aspects of the criminological characteristics of the crimes under the dispositions of chapter 18 of the Criminal Code of the RF, their features from the side of the practical use as a factor in countering crime. When analyzing the main aspects of the criminological characteristics of this category of crimes, the properties of the corpus delicti and specific qualities of criminal encroachment were highlighted, as well as the author speaks about the high level of latency of crimes against sexual freedom and inviolability of the person, as a factor complicating the implementation of measures to counteract crime. The peculiarities of criminological characteristics allow allocating a correlation of theoretical criminal-legal aspects with practical ones, namely interdependence of corpus delicti and evaluation of personal qualities of a criminal and a victim as well as conditions and ways of committing a crime. The author of the article identifies the dependence of ways of committing a crime and personal characteristics of a perpetrator, which allows developing measures of struggle against criminal encroachments violating the rights of a person. The classification of conditions contributing to the crime of this category contributes to the improvement of methods and means of preventive nature, forming a system of counteraction to crime. The author made a conclusion about the importance of criminological characteristics of crimes against sexual freedom and inviolability of a person as a factor in counteracting crime.
Gaps in Russian Legislation. 2021;14(3):149-153
pages 149-153 views

Legal Basis for the Prevention of Crimes in the Field of Road Safety

Gutaev A.

摘要

The article reveals the legal basis for the prevention of road accidents. The established rules and legal norms that all drivers of the vehicle are required to comply with are analyzed. The problems of compliance with the safety rules on the country's roads and the contribution of everyone to this process are investigated. The author emphasizes the need for various measures to ensure road safety, the tasks and principles of ensuring road safety are voiced. The author draws the main attention to the fact that only compliance with the rules of road safety, enshrined in the legislation, can protect road users from accidents, prevent serious consequences for them. The author believes that the concern for the safety of citizens on the roads should take place in different directions: - effective prevention of children's road traffic injuries; - improvement of engineering, technical, organizational and legal conditions for reducing the severity of the consequences of road accidents; - improvement of the road accident prevention system; - search for effective methods of propaganda on the problems of compliance with traffic rules. The author calls for the implementation of the tasks of the security service to improve the professional skills of drivers and instill in them a sense of responsibility for ensuring the safety of transportation. Improving road safety is possible with the application of various measures, such as special control over driving under the influence of alcohol, stricter requirements for obtaining a driver's license, checks to control the presence and use of seat belts, improving the provision of emergency medical care, improving road infrastructure. The author believes that one of the priority tasks is to familiarize children with the rules of the road, to convey to them the fact that a huge number of people, including children, die in road accidents, because modern transport is a high-risk zone and it is necessary to know and follow the rules of the road. The study suggests that the road patrol service is the main body of state power that oversees the safety of citizens on the roads, as well as the observance of their legitimate rights and interests.
Gaps in Russian Legislation. 2021;14(3):154-157
pages 154-157 views

Peculiarity of Prevention of Sanitary and Epidemiological Rules Violations in Pandemic Conditions

Akkaeva H.

摘要

Russian legislation, like the laws of many other countries, has been significantly changed in the context of the novel coronavirus infection (COVID-19) pandemic. The changes affected the institution of responsibility for violations of sanitary and epidemiological rules. Art. 236 of the Criminal Code of the Russian Federation, taking into account the changes and additions made in 2020, is an example of a very progressive norm in the analyzed area. This criminal behavior has a significant social danger, in connection with which, at present, special attention is paid to combating the spread of violations of sanitary and epidemiological rules. However, despite the vigorous activity of most public authorities to combat the above criminal behavior, as well as in conditions of a significant decrease in the daily number of cases of coronavirus infection, at present there is still a risk of mass spread of violations that negatively affect the epidemiological situation. Preventive activity, which is aimed at eliminating factors affecting the development of crime in this area, is acquiring special relevance. The purpose of writing a research paper is to identify the features of preventing violations of sanitary and epidemiological rules on the territory of the Russian Federation in a pandemic. The author comes to the conclusion that the current global problem of the spread of coronavirus infection cannot be solved only by the competent authorities or medical institutions, and therefore, it is of paramount importance for the population to clearly understand the existing risks and transform the daily behavior of each person, taking into account the existing sanitary -epidemiological rules. Attention is focused on the need to maintain constant preventive activity in the context of the identified features.
Gaps in Russian Legislation. 2021;14(3):158-161
pages 158-161 views

Public Control as a New Subject of Control in Places of Forced Detention

Kankulov A., Kerefov I.

摘要

This article discusses the goals, principles, forms of public control in police institutions of detention. The article presents and considers the latest changes made in the Federal law «On public control». Problems of public control moments implementation are pointed out. On this basis, proposals to improve the work of public control and improve the legal status of persons detained in places of detention are presented.
Gaps in Russian Legislation. 2021;14(3):162-166
pages 162-166 views

Current Problems of Combating Retail Sales of Minors in Alcoholic Products in Russia

Ashkhotova L.

摘要

The problem of excessive alcohol consumption arose quite often at various stages of the development of the Russian state, however, at present, the greatest social danger is posed by alcoholization of minors. Given the importance of the younger generation for the development of the Russian state in the future, a number of prohibitions and additional requirements have been adopted at the legislative level to exclude the sale of alcohol to persons under the age of 18. In case of violation of the relevant legal requirements, Russian legislation provides for administrative and criminal liability in this area. However, despite the existence of a large number of regulations and active practice of their application, the problem of retail sale of alcoholic beverages to children and adolescents is of acute urgency at the present time. ... The author comes to the conclusion that in many ways the analyzed crime is associated with a significant demand for alcoholic beverages among minors, which provokes the illegal behavior of subjects of economic relations. In addition, among the urgent problems of combating the above-mentioned crime, the ineffectiveness of certain aspects of control and supervision activities in the sphere of alcohol turnover and the availability of alternative methods of acquiring alcohol, which are actively used by minors, are highlighted. In this context, as the most promising direction for improving the mechanisms of combating retail sales minors of alcoholic products are allocated comprehensive preventive and preventive work with the perception of alcohol by children and adolescents and the inadmissibility of the sale of the specified product by subjects of economic relations in violation of the requirements of the current Russian legislation.
Gaps in Russian Legislation. 2021;14(3):167-170
pages 167-170 views

Functional Interconnections of Factual Systems Elements

Tsukanova E.

摘要

The purpose of the study. The article examines the functional relationships between the actual prerequisites of legal norms of various orientations. The aim of the study is to establish patterns in the process of formation of actual systems due to links of a functional nature. Results. The functional interaction of the factual prerequisites and the legal norms based on them is manifested in the ratio of general regulatory and specific industry, regulatory and protective, as well as material and procedural norms. They form systems of legal regulation at various levels: from the determination of the main directions to the compulsory implementation of regulatory prescriptions.
Gaps in Russian Legislation. 2021;14(3):171-174
pages 171-174 views

Modern Constitutional and Legal Registration of State-Confessional Relations in the Russian Federation

Khadikov A., Gavrikov E.

摘要

The article shows the process of searching for a nationally oriented and consolidating ideology of Russian society. The stages of constitutional and legal registration of state-confessional relations in the context of the work being carried out are revealed. In the course of analyzing the stages of legal regulation of these relations, the authors of the article actualize the problems of legal understanding of the constitutional principles of the secular nature of the Russian state, freedom of conscience and religion. The article shows that the introduction of amendments to the Constitution of the Russian Federation in 2020 related to the indication of faith in «God» violates the principle of the secular nature of the state of the Russian Federation. This problem is considered by means of an example from legal practice and analyzed using the norms of legislation. According to the authors, belief in «God» is an individual inner relationship of a person to the supernatural. Therefore, by including this provision in the Basic Law of the State (Constitution), the legislator gives this sensible state a constitutional and legal status. As a result, this situation is discriminatory in relation to that part of the population who, in view of their conclusions, deny that they have the above-mentioned inner feeling for the supernatural. According to the authors, the inclusion of the mention of «faith» in «God» in the Constitution of the Russian Federation does not carry a general unifying value and ideological guideline for Russian society. In addition, the consolidation of this internal attitude towards the supernatural is alien to the positive nature of the Basic Law of the Russian Federation.
Gaps in Russian Legislation. 2021;14(3):175-180
pages 175-180 views

Protection of Rights and Freedoms as a Constitutional and Legal Category

Nikolaev V.

摘要

The protection of human rights and freedoms is the most important constitutional and legal category, so it seems relevant in this paper to consider it as a multidimensional category. The purpose of the study is to examine the protection of human rights in conceptual and dogmatic terms. Objectives of the study: To analyze scientific views and forms (sources) of international and national law concerning the use of the category of protection of human rights. Conclusions: An analysis of scientific views on the understanding of the category of protection of human rights was carried out, and features of its mention in various forms (sources) of international and national law, including in the Constitution of the Russian Federation and the constitutions ( charters) of the subjects of the Russian Federation were identified as well as its author’s understanding. Originality/value: An article can be useful for legal professionals and any specialist, which are interested in the problems of constitutional law.
Gaps in Russian Legislation. 2021;14(3):181-188
pages 181-188 views

Some Tax Cases in Decisions of the Russian Constitutional Court

Abrosimov A.

摘要

This article is devoted to the analysis of the practice of the Constitutional Court of the RF in the tax area. The article will provide examples of such practice. Every example will be considered in order to show the variety of tax norms in Constitutional Court’s practice. Conclusion of this article will contain the statements about the role of this body in tax relations in the Russian Federation. The purpose of this research paper is clarifying the role of the Constitutional Court’s acts in the regulation of tax relations in Russia, its impact on the system of tax law and its enforcement practice. The Constitutional Court has a very extensive tax disputes’ practice, a significant array of rulings issued as a result of its consideration, and rulings upon receipt of a complaint. The latter also sometimes contain significant legal positions of considerable interest. For this purpose, the work will consider a number of acts issued by the supreme body of constitutional control in the field of tax law. Making a conclusion within the scope of this article, it seems necessary to proceed from the main tasks and goals of the Constitutional Court, as well as the constitutional proceedings itself. The author comes to the conclusion that the Constitutional Court is entrusted with the most important tasks of protecting human and civil rights, as well as legal entities in the framework of tax relations, ensuring the supremacy and direct action of the Constitution of the Russian Federation in the tax area. As relations associated with the implementation of mandatory public-law payments, tax-legal relations should proceed from the initial inequality of the parties, so it is especially important to observe the constitutional rights of the taxpayer.
Gaps in Russian Legislation. 2021;14(3):189-194
pages 189-194 views

Applying the Consequences of Invalid Transactions: Theory and Law Enforcement Practice

Kleimenova M.

摘要

The purpose of the study: the purpose of this study is to analyze the legal consequences of the invalidity of transactions from a theoretical and practical point of view, to consider the features and problems of the application by the courts of the main consequences of the invalidity of transactions. Conclusions: As a result of the study, the author made several conclusions, including that since 2013, the legislator has significantly changed the grounds for recognizing a transaction as disputed and applying the consequences of an invalid transaction, as well as limited the powers of the court in applying the consequences of an invalid transaction; in law enforcement practice, there have been changes in some grounds for applying the consequences of void transactions, in particular, since 2015, the Supreme Court of the Russian Federation has made changes to the grounds for recognizing a transaction as fake. Since 2015, there have been court decisions on recognizing transactions as fake, the purpose of which is to cover up other transactions, among which there are transactions that cover up transactions made with other participants and with other essential conditions. As a result of the analysis of examples of decisions of courts of general jurisdiction, as well as arbitration courts, various legal approaches of courts and arbitration courts to resolving issues related to the recognition of transactions as invalid and the application of the consequences of invalid transactions are traced.
Gaps in Russian Legislation. 2021;14(3):195-199
pages 195-199 views

Agreements on the Transfer of Exclusive Rights to Objects of industrial Property with the Participation of Social Enterprises

Battakhov P.

摘要

The article considers contractual designs aimed at transferring exclusive rights to industrial property. The problem of the contractual process was identified when concluding a contract on the transfer of a set of exclusive rights. Based on the study, a number of changes to Russian laws have been proposed. First of all, this applies to a commercial concession contract. The author proposes to amend the Civil Code of the Russian Federation by supplementing the article on commercial concession with the right of organizations that do not conduct commercial activities to conclude the same contracts on a general basis. The appropriateness of applying the classification of transactions into real and consensual ones in relation to this contract is justified. The peculiarities of transfer of the complex of exclusive rights to objects of industrial property with participation of social enterprises under the legislation of the Russian Federation are studied.
Gaps in Russian Legislation. 2021;14(3):200-204
pages 200-204 views

Prospects for the Development of Legal Regulation of Debt Financing of Investment Activities

Vinitskaya L.

摘要

The purpose of the research. At present, it is necessary to state that many debt financing instruments that have successfully proven themselves abroad have not been reflected in domestic legislation, which needs to be rethought. The purpose of the study is to determine debt financing and its main characteristics, to classify the instruments and to identify gaps in legal regulation. Results. As a result of the research, the author identifies repayment, maturity and secured nature as the main characteristics of debt financing. The author attributes a scheme to minimize risks, in which the lender's responsibility for the success of the investment project is practically absent, as the key to understanding the principles and nature of debt financing. Debt financing is a framework concept and appears in the law through different mechanisms and their combinations, so the author classifies debt financing instruments on various grounds, describes the applicable ways of allocating creditors ' risks, indicates the main gaps in the regulation of debt financing instruments and vectors for further development.
Gaps in Russian Legislation. 2021;14(3):205-212
pages 205-212 views

Problems of the Lease for Construction Purposes in the Russian Supreme Court Case Law: is the Building Right the Better Option

Ivanova E.

摘要

The purpose of the research. The article discusses the reasonableness of introducing into Russian law a new limited real property right to the land plot - the building right, proposed for adoption in the bill on the property law reform. Based on the analysis of the recent case law related to the lease for construction purposes, the author compares this institution with the new building right, examines the shortcomings of the lease and assesses how the building right, as it is drafted in the bill, may contribute to their elimination. The author also assesses the prospects for the property law reform and provides suggestions for possible revision of the regulation of the building right provided for in the bill. Results. Based on the results of the research, the author concludes that both the lease for construction purposes and the building right have certain drawbacks and need to be reformed. In this regard, at the moment the choice of the path of further development is in the legislator’s hands. When adopting a bill on the property law reform, the legislator is entitled to provide for an imperative transition from the currently used lease for construction purposes to the building right. At the same time, considering the opinion of practicing lawyers and representatives of the legal doctrine, it seems a more reasonable and balanced decision to leave the choice of the most optimal model for establishing rights to the land plot for construction purposes for the interested parties and provide for a transitional period to ensure smooth adaptation to new regulation.
Gaps in Russian Legislation. 2021;14(3):213-224
pages 213-224 views

Operations with Cryptocurrency Through the Prism of AML / CFT Legislation

Alekseeva D., Volkov A.

摘要

Purpose of the study. Advances in technology have made money laundering more sophisticated. In addition to operations with cash and non-cash funds, scammers are increasingly using virtual assets, in particular, cryptocurrencies, for their illegal activities. The FATF and Russian money market regulators have drawn attention to the need to strengthen the fight against money laundering in this area. A huge role in this struggle is played by the creation of the necessary legal framework and doctrine of AML / CFT in the field of virtual currencies. Conclusions. As a result of the study, the author comes to the conclusion that there are many gaps in the system of Russian legislation that make it difficult to create an effective system for combating money laundering through cryptocurrencies. It is concluded that there is no regulation of certain types of cryptocurrencies in the national legislation, which leads to the fact that transactions with them, as well as the subjects involved in these transactions, are outside the legal regulation and control, which in turn violates the FATF Recommendations.
Gaps in Russian Legislation. 2021;14(3):225-228
pages 225-228 views

Principles as Fundamental Principles of Public Financial Control

Antroptseva I.

摘要

Purpose of the research. The author examines a set of specific principles for the implementation of public financial control. The article makes an attempt to identify and systematize the entire variety of fundamental principles of control and supervisory activities, and also substantiates the need for their comprehensive and comprehensive nature, taking into account not only the activities of the control and supervisory authorities themselves in relation to the objects of control, but also within them. The author substantiates the unity of principles for the activities of all control and supervisory bodies, regardless of the type of financial legal relationship. The aim of the study is to determine and systematize the entire set of principles of public financial control, to propose their classification. Conclusions. The entire set of principles of public financial control, despite its fragmentation in the regulations governing the activities of control and supervisory bodies in various fields, is the same for all bodies and for all types of public financial control. The improvement of the activities of the subjects of control and supervisory activities, the development of information technologies led to the emergence of new principles related to the activities of control bodies: professional skepticism, dedication to risk-orientation, standardization. In order to increase the efficiency of the implementation of public control and supervisory activities, the introduction of ethical principles for officials of control and supervisory authorities is of particular importance.
Gaps in Russian Legislation. 2021;14(3):229-234
pages 229-234 views

Legal Problem in Reproduction of the Mineral Resources Base

Ignatiev D.

摘要

The reproduction of the mineral resource base is one of the key elements of ensuring the mineral resources safety of Russia, in this connection, the issues of legal regulation are becoming increasingly important. Previous work is devoted to the study of the state of legal regulation the reproduction of the mineral resource base, as well as some theoretical and practical aspects of improving legal regulation in this area. On the basis of existing regulatory legal acts in this area, as well as in the course of a detailed analysis of existing laws project, positions expressed in the legal literature on subsoil use and mining law, the most significant problems of legal regulation for the reproduction of the mineral resource base are considered in detail, and also investigates the theoretical problems of separating the set of rules governing relations arising in this area in the legal institution of mining law
Gaps in Russian Legislation. 2021;14(3):235-247
pages 235-247 views

The Concept of a Legal Organization Counteraction to Crime (Theoretical and Ideological Aspect)

Levchenko O.

摘要

The relevance of the topic is due to the need to update theoretical ideas about how to organize the fight against crime in the modern era. The reason for this is given by the new version of the Constitution of Russia. The purpose of the research is to define the modern concept of legal organization of crime prevention. Methodology: General scientific and private scientific research methods (deduction, induction, generalization, forecasting, modeling, comparison, etc.) were used. Conclusions: Significant changes in the organization of state power that occurred at the constitutional and legal level allow us to build new branch theoretical and legal structures. In contrast to previous developments, it is suggested that the basis of this legal organization is not criminal law, but criminal procedure. The criminal procedure organization for combating crime should be based on the Prosecutor's power, which is derived from the power of the President of Russia. The institution of prosecution, while maintaining its investigative form, should be attributed to the power of the Prosecutor. The Prosecutor, focusing all power on prosecution and public prosecution, should be interpreted by the procedural head of all law enforcement agencies that are legally obliged to counteract crime. Through a procedural and legal organization, the Prosecutor's office conducts criminal policy under the leadership of the President of the Russian Federation.
Gaps in Russian Legislation. 2021;14(3):248-253
pages 248-253 views

On the Question of the Scope of the Rights of a Suspect in Criminal Proceedings in Russia: Questions of Theory and Practice

Kupryashina E., Cherkasova E., Rudov D.

摘要

In this article, the authors address a number of problematic issues of the practical application of the norms that determine the scope of the rights of a suspect as a participant in criminal proceedings. The issues of ensuring the rights of the suspect are considered, both at the stage of checking the report of a crime, as well as at the stage of preliminary investigation. So the authors, in a scientific article, analyze the rules of acquisition of the procedural status of a suspect by a person, fixed in the current structure of the Criminal Procedure Code of the Russian Federation, paying a special role to the scope of the rights of the specified participant in criminal proceedings. The sufficiency of the existing rights of the suspect is noted, while a brief analysis of a number of provisions of the Criminal Procedure Code of the Russian Federation individualizing individual rights is carried out. It should be noted that the authors ' collective considers the rights of the suspect, including from the point of view of evidentiary law, noting the contradictions of a number of articles of the Criminal Procedure Code of the Russian Federation in terms of the legal regulation of the procedural status of the suspect. Also, one of the problems considered by the authors is the discrepancy between the scope of the rights of the victim and the suspect in the course of pre-trial proceedings. This problem is caused by the fact that the current structure of the Criminal Procedure Code of the Russian Federation ensures the priority of the rights of the suspect (accused, defendant) while ensuring their rights. This trend is particularly clear when ensuring the right of a suspect to qualified legal assistance (the right to a lawyer). The solution to this problem is possible with the involvement of lawyers in the proceedings on the part of the prosecution. This practice has proven itself well in the course of pre-trial and judicial proceedings, but in view of the need to pay for the services of lawyers by the injured party, it is an isolated case, especially in small localities and regions with low wages. The purpose of the study is to study the issues related to the rights of the suspect in the criminal proceedings of Russia, as well as the relationship of the rights of the suspect with the rights of other participants in the criminal process. The conclusions given in the study are the formulated provisions and the proposed regulation of the articles regulating the rights of the suspect, and in particular Part 3 of Article 46 of the Criminal Procedure Code of the Russian Federation, with the wording of this article in the author's own vision.
Gaps in Russian Legislation. 2021;14(3):254-258
pages 254-258 views

Comprehensive Trans-Pacific Partnership Agreement from the perspective of International Economic Law

Shumilov V.

摘要

The purpose and objectives of this article are to analyze the Comprehensive Trans-Pacific Partnership Agreement from the point of view of international economic law. The Pacific Partnership Agreement is a comprehensive, detailed international legal instrument that regulates a wide range of economic relations between the participating entities. The norms of the Agreement are part of a large number of institutes of international law and its branch - international economic law; they serve as the basis for the formation of new elements of the system of international law. At the same time, under the influence of the Agreement, a certain international legal economic regime and the Law order have developed; rules for the functioning of free trade zones and free investment zones have been elaborated. As a result of the appearance and operation of the Agreement, along with other acts of a similar scale, there is a transition to a new stage of globalization - the establishment of direct links between the integration blocks. International legal awareness has prepared the necessary justifications and tools for linking various integration associations (partnerships) with each other. Methodological approach. The work uses general scientific methods, as well as the method of legal interpretation. Results and conclusions. The article concludes that within the framework of the law of economic integration, the formation of the main contour of international legal institutions has been completed, the improvement and development of these institutions, the emergence of new types of integration entities-partnerships, the new stage of integration-the stage of strengthening the relationships between the integration associations themselves through various channels, and the significant impact on the balance of power in the international (global) economic system, along with other factors, of the TPP Agreement. The originality and value of the work lies in the consideration of the TPP Agreement as the most important factor influencing the processes of economic integration and the development of international economic law.
Gaps in Russian Legislation. 2021;14(3):259-263
pages 259-263 views

US Activities to Undermine the Existing System of International Law in the Context of the Development of Globalization

Nikiforov V.

摘要

The purpose and objectives of this article are to characterize and analyze the activities of the United States to undermine the existing system of international law in the context of the development of globalization in the field of information technology, in criminal extraterritorial jurisdiction, in the field of protection of human rights and freedoms, prevention of the nuclear threat, etc. Methodological approach. The work uses general scientific methods, as well as elements of comparative legal, historical and legal methods and the method of legal interpretation. Results and conclusions. Based on the analysis of the US violation of the norms of international law, the article proves that the principle of exclusivity of one nation cannot coexist with the principle of equality of all states in international law, and the US activity undermines the existing institutions of international law. Originality and value. The study is valuable because of its relevance and originality of the work, which focuses on the need to confront the US activities to undermine the existing system of international law, since at the present stage international law has become global and universal.
Gaps in Russian Legislation. 2021;14(3):264-269
pages 264-269 views

Conceptual Foundations of the Private Theory of Forensic Economic Expertise

Savitsky A.

摘要

Purpose: is to determine the conceptual framework for the participation of a specialist economist in legal proceedings. The methodology used in the study is based on regulatory analysis, questioning of procedural persons, analysis of the scientific and theoretical foundations and practical features of the problem of a specialist's participation in procedural actions. The result of the research: substantiated the relevance of using special economic knowledge not only in the form of forensic expertise, but also as a specialist attraction. The analysis of the procedural status of a specialist-economist in legal proceedings is presented. Novelty / originality / value consists in the development and justification of the tasks of a specialist participating in an operational-search activity in the form of preliminary research, reference and consulting activities of a specialist, as well as in the classification of specialists depending on special economic knowledge.
Gaps in Russian Legislation. 2021;14(3):270-276
pages 270-276 views

Improving Approaches to State Property Management in Historical Retrospect

Pavlyuk A., Veryga V.

摘要

In the article, the authors consider how the approaches to the management of state property in the Russian Federation have been improved. The authors analyze the management of corporations with state participation from the moment of the publication in 1699 by Peter I of the decree on "trade on the model and likeness of Europe" until 1930, when as a result of nationalization, all legal entities that provide for participation in their authorized capital of the state and individuals were abolished. The relevance of this article is due to the fact that currently corporations with state participation generate up to 70% of the GDP of the Russian Federation. The study of the experience of improving the management of state property will help to better understand how to build a more effective model of administrative and legal regulation of corporations with state participation. In the article, the authors analyze the pre-revolutionary and post-revolutionary stages of management of corporations with state participation. In each of the stages, the authors consider in detail the main regulations governing the participation of the state in the pooled capital of legal entities. In conclusion, the authors formulate the main conclusions that characterize the features of state participation in the capital of corporate legal entities.
Gaps in Russian Legislation. 2021;14(3):277-283
pages 277-283 views

On the Evaluation of Information Systems: A Comparative Analysis of Individual EAEU Member States

Vengerovskiy E.

摘要

The purpose of the article is to study the methodology for evaluating the effectiveness of information systems of some EAEU member states in order to create and maintain a single information space. The analysis of the legal support of the state of information environments is carried out. Model. The study examined the experience of the Republic of Armenia and the Republic of Belarus as member states of the EAEU in order to identify the degree of readiness of statistical systems, also examined the forms of statistical reporting and instructions for completing them, methodological recommendations and statistical publications containing methodological explanations. Findings. The formation of statistical data in accordance with international standards (recommendations) is a necessary condition for the inclusion of country indicators in the databases of leading international organizations. In the framework of this work, we analyzed the representation of indicators of the development of the digital economy of the EAEU member States in the information resources of the ITU, the World Bank, and UNCTAD. In the Russian Federation, the indicators that characterize the development of the digital economy infrastructure are formed according to the data of communication statistics developed according to the data of the federal statistical observation forms, among them: information on the development of telematics services and data transmission network services, information on the exchange (traffic) on telecommunications networks, information on the technical means of long-distance, intra-zone and international telephone communication, information on the technical means of local telephone networks, information on the coverage of the population by cable and terrestrial television and radio broadcasting, information about mobile communication networks, information about revenue from communication services. The article is based on the results of research carried out at the expense of the Scientific Fund of the Financial University.
Gaps in Russian Legislation. 2021;14(3):284-288
pages 284-288 views

Comparative Analysis of the Legal Regulation of the Information Sphere of Some Countries of Southeast Asia and the Eurasian Economic Union

Shaydullina V.

摘要

The objective of the article is in the mode of dynamic analysis of the information system in the context of intensified regional integration of the countries of the former USSR within the EAEU A comparative analysis of the state of the information environment of some EAEU countries and Southeast Asia is carried out. Model. The study examined the positive experience of Singapore and the specifics of the development of ICT technologies in the context of a low standard of living of the population, political instability and corruption in other Asian countries; analyzed the digital agenda of the EAEU countries; the positive experience was considered and a number of achievements of the EAEU countries were identified; attention is paid to some of the features and patterns of development in the context of the development of multilateral cooperation and the expansion of the scale between countries. Findings. The results of this study are expressed in the formulation of the specifics of the legal regulation of the sphere of foreign countries. Scope of application of the level of the higher education management system. Conclusions obtained in the course of the research Introduction with the use of improving the practice of organization and legal regulation of the higher education system in Russia. The article was prepared based on the results of research carried out at the expense of the Scientific Fund of the Financial University.
Gaps in Russian Legislation. 2021;14(3):289-294
pages 289-294 views

To the Question Administrative-Legal Regulation of Professional Training for Customs Activities

Shcheveleva A.

摘要

The study is devoted to the review of the administrative-legal and organizational-legal regulation of personnel training for Customs activities, which acts as a subject of scientific interest. The methodological basis of the research consists in the application of general methods of cognition, such as methods of analysis, synthesis, generalization, the method of an integrated approach and a systemic method. Also there were used special legal methods of cognition: the formal legal method, which is used to analyze legal structures and formulate legal definitions; comparative legal method, which is a sequential study and comparison of several similar objects. Study findings are: 1) the subjects of professional training of personnel for Customs activities are educational institutions of higher education and centres of additional professional education; 2) the purpose of professional training of personnel has been revealed; 3) It is necessary to take into account the general requirements and specific character of foreign economic activity, when organizing professional training of persons for Customs activities.
Gaps in Russian Legislation. 2021;14(3):295-299
pages 295-299 views

Legal Problems on Compensation at the Expense of Budgetary Funds for Damage Caused to a Citizen as a Result of Criminal Prosecution

Chotkaraev K., Arabaev C., Ryskulov S., Kamaldinov T.

摘要

The article analyzed of the reasons and conditions for compensation provided for the provisions of Art. 134 of the Civil Code of the Kyrgyz Republic; considered the main mechanisms for the payment of compensation for harm caused. Attention is drawn to the legislative gaps: the lack of clear mechanisms for restoring the violated rights of a rehabilitated citizen and payment of compensation to him by the relevant State authority’s, a significant discrepancy in sectoral legal regulation in principal approaches to the consequences of harm and the circumstances appropriate for proving; a number of suggestions are being made to improving the legislation of the Kyrgyz Republic. It is proposed to create a collection mechanism, when the competent law enforcement agencies, whose employees allowed by their action (inaction) to cause moral and material harm to citizens, are obliged to pay the damage established by the court on their own. In the absence of funds, they are obliged, in the prescribed manner, to apply to the authorized state body with an appropriate substantiated application for additional financing with the obligatory attachment of the original court decision and a writ of execution to strengthen financial discipline and responsibility in the realities of the current state economy.
Gaps in Russian Legislation. 2021;14(3):300-305
pages 300-305 views

On the Role of the Constitutional Court in Criminal Proceedings in the Light of Amendments to the Constitution of the Russian Federation

Panfilov P.

摘要

The purpose of the research is to analyze and evaluate the various forms of influence of the Constitutional Court on criminal proceedings, to assess the compliance of these forms with the provisions of the CPC, as well as to search for effective mechanisms that would allow the Constitutional Court to positively influence criminal procedure activities. Correcting the shortcomings of legal regulation and law enforcement practices will increase the level of ensuring the rights and legitimate interests of citizens in the criminal process of Russia. Results. The author comes to the conclusion that the CPC implements the principle of unconditional execution by Russia of the ECHR decisions, which is not consistent with the Constitution, the Federal Constitutional Law «On the Constitutional Court of the Russian Federation» and the legal positions reflected in a number of decisions of the Constitutional Court. Among the significant gaps in the legal regulation that need to be addressed, the author calls the following: there is no procedure for suspending the execution of an ECHR decision, in case of sending a request to the Constitutional Court about its constitutionality; the activities of the Chairman and the Presidium of the Supreme Court are not regulated when a decision of the ECHR reveals contradictions to the Constitution and the foundations of public law and order; the procedure for the actions of participants in criminal proceedings is not regulated if the Constitutional Court has ruled that the ECHR decision cannot be enforced. The author notes that in the light of the amendments to the Constitution, the current system of new circumstances entailing the resumption of criminal proceedings has become outdated and requires adjustment. In this connection, the article suggests a way to adjust it. Based on the analysis of law enforcement practice, the author comes to the conclusion that the Constitutional Court is quite formal in determining the degree of exhaustion of all means of domestic judicial protection in criminal cases.
Gaps in Russian Legislation. 2021;14(3):306-312
pages 306-312 views

On Some Principles Defining International Social Security Standards

Mandzhieva S.

摘要

The purpose of the research. In the legal literature, there is no unified approach to the concept and content of the principles that determine the essence of international norms of social security. This article analyzes various international social security standards with a view to identifying the basic principles that underlie them. Results. Analysis of the main international standards in the field of social security made it possible to highlight such principles in international social security law as the principle of general responsibility of the state for the establishment, functioning and accessibility of national social security systems; the principle of universal coverage of the population by the national social security system; the principle of the adequacy of the level and duration of the provision of benefits and social and medical services; and the principle of social solidarity between generations and social partners.
Gaps in Russian Legislation. 2021;14(3):313-319
pages 313-319 views
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