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卷 14, 编号 4 (2021)

Articles

On Some Issues of Preventing Terrorism and Extremism

Aripshev A.

摘要

The ideology of violence is legally declared as one of the signs of modern terrorism; therefore, it is necessary to have a successful preventive action at this level. Ideology is the basis for meaningful and meaningful activity of the subjects of society. Ideology has defended and destroyed whole worlds in the history of mankind and is a systemic category that must be studied. The presented article highlights the general features of the ideology of terrorism inherent in reflecting the worldview and way of life from the standpoint of violence and threats: The dogma of exclusivity, the only true path. Ideological fanaticism and lack of critical thinking. Extreme intolerance to other people's values. Creation and cultivation of the image of the "enemy". Radical views and extremist ways of expressing them. Irrational perception of reality. Absolute belief in the adequacy of the goal. Because of the study, it is concluded that a fertile ground for the formation of extremism is a marginal environment, since it is in this environment that young people with unsteady views and undecided in life meet. Extremism also develops in systems with a weak regulatory framework, where the population is illegal. A low level of self-esteem in society and ignorance of individual rights also leads to the development of extremism. Extremism is characteristic of people with a low cultural level. Extremism develops in communities where the ideology of violence is promoted, indiscriminate in the means to achieve the goal.
Gaps in Russian Legislation. 2021;14(4):18-20
pages 18-20 views

Activities of Law Enforcement Agencies to Counter Extremism in the North Caucasian Region

Sheriev A., Golyandin N., Verkhovetsky I.

摘要

The article is devoted to the results of the activities of law enforcement agencies of the constituent entities of the North Caucasian Federal District, where the threat of destabilization of socio-political and economic development continues to remain. The purpose of the study is to examine the content of the activities of law enforcement agencies in the region against the background of the genesis of extremist activity of destructive groups and the transformation of ongoing "peaceful" protests, to commit - in the process of mass rallies, violent actions against police officers and citizens who do not support their views and calls to "change of the ruling power". Conclusions. Based on the above analysis of the activities of the law enforcement agencies of the North Caucasian Federal District, it can be stated that the main priority areas of the activities of the internal affairs bodies in order to reduce the negative impact of destructive organizations in the media and the Internet, as well as reduce the protest potential of the population are: 1) implementation on an ongoing basis of comprehensive propaganda and preventive measures among the population of the subjects of the North Caucasian Federal District with the involvement of authoritative public, religious and national leaders to explain the consequences of the rally activities of organizations of a destructive nature; 2) conducting intensive monitoring of the Internet in order to identify provocative, including "fake" information, contributing to the escalation of the level of social tension and disruption of public order, with high-quality documentation of the illegal activities of the authors of such messages and bringing them to justice; 3) protecting the information space from the dissemination of provocative materials by immediately publishing refutations, as well as sending materials to the authorized agencies as soon as possible to block resources containing such information; 4) immediate notification of the population by the press services of the Ministries of Internal Affairs of the Russian Federation for the subjects of the North Caucasian Federal District of each case of detention of persons, with the most detailed description of all the circumstances that served as the basis for restricting their freedom of movement, in order to avoid spreading rumors.
Gaps in Russian Legislation. 2021;14(4):21-26
pages 21-26 views

The Generation of Terrorism and the Forms of Its Manifestation to the Days

Tsrimov A., Kuchmezov A.

摘要

In the article, the author has made a historical excursion. Modern terror arose relatively recently, at the beginning of the 20th century, and originates with the formation of an association of Muslim brothers in Egypt, who were the forerunners of those modern movements of political Islam, including radical ones that are currently operating time. The methods have remained the same, only technologies are progressing along with the development of civilization - terror is a terrible plague, it is first used as a weapon against others, but then it destroys you too. Who sends them to certain death I promise a life of paradise? Experts are well aware that religion is one of the strongest motivators on the planet, especially if a little deceit is mixed into it. The technology of suggestion has received a new life, and this did not happen by accident. Who has infected entire generations with the spirit of war and rebellion? Who was the first to lie so those for the sake of knowing God you need to kill dissidents? Who distorted the words of the Great Prophet? So the fertile land between the tiger and the Euphrates turned into hell instead of Paradise. We will try to answer these questions within the framework of this article.
Gaps in Russian Legislation. 2021;14(4):27-30
pages 27-30 views

Information Counteracting Terrorist Activities as a Factor in Countering Crime

Teppeev A.

摘要

The author in the article considers informational counteraction to terrorist activities as a factor in countering crime in the fight against terrorist entities to protect the state and social system, as well as the rights and freedoms of citizens. The article analyses the legal and regulatory framework governing the designation of responsibility for terrorist activities and acts of an aiding nature, as well as scientific publications and statistics in the field of criminal legal activities. The purpose of the work was to study aspects of terrorist activities and the main tasks of information counteraction as a factor in countering crime. The analysis of the concept and signs of terrorism makes it possible to determine the main features of this category of crimes through the prism of studying methods of information counteraction, which make it possible to assess the trends in the development of criminal manifestations. The peculiarities of information counteraction to terrorist activity are the determination of the main signs of terrorism, which are the factors that make up the crimes, it is the signs of terrorist activity that form the main tasks of counteracting crimes of this category. The author of the article identifies the main goals and objectives of information counteraction of terrorist activities, which form the system of protection of society and the state from criminal attacks. The analysis of the tasks of information counteraction allows us to conclude that it is necessary to comply with preventive measures to combat terrorist activities with a change in public relations in the field of informatization. The author concluded the importance of information counteraction to terrorist activities as a factor in countering crime at the modern stage of the development of state and public relations, ensuring the security of society and the state.
Gaps in Russian Legislation. 2021;14(4):31-36
pages 31-36 views

Problematic Aspects of the Legal Regulation of Counter-Terrorism

Mukhtarov D., Galimov S.

摘要

The purpose of this study was to study the problems of legal regulation and ways to counter terrorism. The problem of terrorism, as a negative social phenomenon, played the role of the inevitable companion of any developed state. The consequence of these changes in the world community was political instability, which led to the growth of this phenomenon. The tasks of the study are to analyze the causes of the emergence and spread of terrorism, as well as to study its legal regulation. In our study, we tried to uncover the essence of terrorism, which has become widespread through political, social and economic aspects, the scale of which is comparable to world wars. And characterizing modern terrorism as a criminal act, we noted its expansion to the scale of a multi-criminal phenomenon. Thus, by creating new and reorganizing existing terrorist organizations under the slogan of a single terrorist space, the leaders of which position themselves as legitimate power, they began to pose the main threat to the national security of the Russian state. Conclusions: we have established that terrorism is open, qualitatively impersonal and its ideas are mostly anonymously promoted in the global information space. Traditional media, having lost their uniqueness in creating information resources, lost ground to the Internet, which became the main creator and translator of terrorist publications. And the main weapon of terrorists was the propaganda and appeals of their ideas through the global information space. Thus, the fight against terrorism carried out in our country in recent decades, although marked by significant successes, still has a number of unresolved problems, the solution of which was reflected in the provisions of the Federal Law "On Countering Terrorism" and certain legislative acts of the Russian Federation regarding the implementation of additional measures to counter terrorism and ensure public security.
Gaps in Russian Legislation. 2021;14(4):37-40
pages 37-40 views

Factors of the Spread of Youth Extremism in the Context of the Transforming Russian Realities

Thazeplov R.

摘要

The purpose of this study was to study the factors of the spread of youth extremism in the context of the transforming Russian realities. The development of information and communication technologies and the processes taking place in the State, which have an adverse impact on the social and economic situation of citizens, were among the main factors in the spread of this phenomenon. The objectives of the study are to analyze the causes of youth extremism. The study looked at factors such as the economic crises that have plagued Russia since the collapse of the Soviet Union, which naturally encourages young people to find a wide variety of ways of earning, most often illegal; social factors; family relationships; the predominance of material values over spiritual ones. Conclusions: in order to solve the problem of the spread of youth extremism, the state must implement a policy of counteraction in several directions. It is necessary to support parents who, due to the unstable economic situation in the country, devote most of their time not to raising children, but to earning money for family support. It is necessary to develop new methods of patriotic education of children, based on love for their homeland and the focus of their thinking on strengthening the country's influence on the world stage. Law enforcement agencies must prevent and eradicate extremism. Further training of teachers and teachers is also necessary to teach them how to eradicate extremist behaviour among young children at the primary level. Extremism is the biggest problem of the 21st century, not only in Russia, but throughout the world. It was imperative to join forces with other countries in addressing the problem. In this case, the time for finding solutions will be reduced, and their effectiveness will increase several times.
Gaps in Russian Legislation. 2021;14(4):41-44
pages 41-44 views

Criminal Legal Responsibility for Public Calls to Execute Extremist Activities in the Russian Federation

Khachidogov R.

摘要

In the modern world, extremist activity is developing very quickly and the number of people who share the corresponding illegal views and ideas is constantly growing. The social danger of these activities is largely manifested in the support of criminal approaches to the resolution of many state significant issues. In this regard, unlawful behavior associated with public calls for extremist activities is of particular importance. In the Russian Federation, this behavior is recognized as a criminal offense and responsibility for it is regulated by Art. 280 of the Criminal Code of the Russian Federation. Taking into account the long-term practice of applying this criminal law norm, there is now an urgent need to improve it, taking into account the existing realities of illegal behavior of subjects of extremist activity. The purpose of this research paper is to analyze the institution of criminal liability for public calls for extremist activity in the Russian Federation. The author comes to the conclusion that the legislator fixes a very voluminous composition of the analyzed crime and defines the implementation of public appeals using the media and information and telecommunication networks as a qualifying feature. Attention is focused on the need to supplement Art. 280 of the Criminal Code of the Russian Federation with other qualified and compositions reflecting the participation of a special subject and the organization of public appeals, which pose a significant danger to the development of Russian society and the state.
Gaps in Russian Legislation. 2021;14(4):45-48
pages 45-48 views

Globalization as an Environment Conducive to the Spread of Information Extremism and Terrorism

Cherkesov A.

摘要

The purpose of the study was to examine globalization processes in the context of the spread of information extremism and terrorism. Extremism and terrorism, as a negative social phenomenon, are an inevitable companion of any developed state. Differences in people's worldviews and values are a stumbling block and are a good ground for promoting extremist and terrorist ideas. The consequence of these changes in the world community was political instability, which led to the growth of information extremism and terrorism. The objectives of the study are to analyze the causes of information extremism and terrorism. In our study, we tried to uncover the essence of information extremism and terrorism, which has become widespread in global space and broadcasts radical ideologies that call for aggressive forms of behavior, communication and confrontation, while justifying the crimes and terrorist attacks committed, positioning them as the only effective in the circumstances. Conclusions: We have established that globalization has become an enabling environment for the promotion of extremism and terrorism in the global media space. Information extremism and terrorism have become a direct product of globalization. The desire to wage an information war became the driving force in the search for points of "vulnerability" of mass consciousness, as a result of which the problem of information extremism was updated. Moreover, its concentration and activity are much higher where there is no healthy statehood. We also came to the conclusion that the scale of information extremism and terrorism was due to globalization processes, which exacerbated the economic, political and social confrontation along the North-South axis. Hence, extremism and terrorism have become widespread throughout the world and can almost freely increase the number of their followers.
Gaps in Russian Legislation. 2021;14(4):49-52
pages 49-52 views

Improving State Policy in the Field of Information Countering Terrorism

Balaeva J., Zhukov A.

摘要

Terrorism is one of the problems that is a direct threat to the national security of the State. In the current conditions of active implementation of information and communication tools, it is necessary to develop new methods of combating terrorism. The key subject, or rather the organizer of anti-terrorist activities is the state. State policy in this area has undergone significant changes, especially in terms of the methodology of countering terrorism. Thus, one of the directions of state policy is not force counteraction, but information. Information acts as one of the resources of the fight against terrorism and extremism. The relatively recent formation of a new vector of struggle creates a number of problems in terms of determining the methodology and evaluating the effectiveness of new mechanisms in the fight against terrorism. The purpose of this study is to analyze the current state of state policy in the field of information counteraction to terrorism and to determine the ways of further development. Only the State can resist new forms of terrorism and extremism. It is obvious that the use of modern information resources allows the state to provide effective counteraction to the spread of terrorism and extremism on the territory of the Russian Federation. It is necessary to transform these tools, as the pace of development of information technologies is very high. In modern society, it is important to use information tools, since terrorists actively use information tools to carry out their illegal activities. In the current conditions, it is necessary to form a new policy of the state, especially in terms of information counteraction to terrorism, it is necessary to build a modern and maximally adaptable information system of struggle. Only a competent and comprehensive state information policy will make it possible to effectively combat new forms of terrorism.
Gaps in Russian Legislation. 2021;14(4):53-58
pages 53-58 views

Motivational Factors for Spreading the Ideology of Terrorism and Extremism in the Global Media Space

Kardanov A.

摘要

The purpose of this study was to study the factors motivating the spread and instillation of the ideology of terrorism and extremism in the global media space, which is attractive to adherents of extreme views with its accessibility, weak control by the state and law enforcement agencies, anonymity, as well as almost unlimited access to a wide range of users. The objectives of the study are to analyze the causes of extremism and terrorism in the global media space. At the present stage, humanity has entered a new era - the era of globalization and informatization, and people have increasingly been subjected to the forced imposition of the ideology of extremism and terrorism. The goals of extremist-terrorist organizations in the global space were to popularize their ideas and actions, create an atmosphere of fear and intimidation, misinformation and recruit new members to their ranks. Conclusions: We found that the beginning of globalization was marked by the faith of people in the development of a harmonious and just world order, where everyone will be in wealth and well-being. However, very soon it became clear that there was no miracle to wait for and globalization did not bring any positive changes to ordinary people. Once again, large and developed states and corporations that have established their own world order have won. Another crisis rained down. It was he who provoked the penetration of extremist and terrorist manifestations into a wide audience, mainly through a global network. Globalization, which has gone down the path of erasing national-cultural boundaries, has met with resistance from ethnic groups, which in the most negative aspect have shown intolerance towards other nationalities, races and religions. So, a large number of people have become adherents of extremist and terrorist ideology.
Gaps in Russian Legislation. 2021;14(4):59-62
pages 59-62 views

The Anonymity Factor as a Key Concept of the Spread of Extremism in the Youth Environment

Takov A.

摘要

The purpose of this study was to study the factors, the spread of the ideology of extremism on the world wide web, which is attractive to adherents of extreme views with its accessibility, weak control by the state and law enforcement agencies, anonymity, as well as almost unlimited access to a wide range of users. The objectives of the study are to analyze the reasons for the spread of extremism on the World Wide Web; in particular, the prevailing climate in society is conducive to the emergence of unlawful attacks in the context of the spread of the ideology of extremism and its implementation. The study found that Russian extremism is characterized by the involvement of young people aged 14-30 years, a special socio-demographic group most influenced by destructive ideologies. The goals of extremist movements in social networks and messengers are to popularize their ideas and actions, create an atmosphere of fear and intimidation, misinformation, and recruit new members to their ranks. The active use of these resources by extremists is due to the fact that it is almost unlimited to affect the consciousness of users. Moreover, the main aspect of such an impact is the erosion of public confidence in institutions of power, political and power structures, as well as increased social tension and aggravation of conflict situations. The Internet space contributes to the anonymity of users, which is a very attractive factor for imposing destructive attitudes on young people. At the same time, extremists, having moved into the space of virtual reality, to a large extent protected themselves from the social pressure and censorship to which they were subjected in reality. Conclusions: we came to the conclusion that the World Wide Web attracts extremist groups with its accessibility, weak control by the state and law enforcement agencies, anonymity, as well as almost unlimited access to a wide range of users. Hence, the network can see a steady increase in extremist content, which determines the global network as a fertile ground for forcibly planting the ideology of extremism.
Gaps in Russian Legislation. 2021;14(4):63-66
pages 63-66 views

Pain Points" in the Moral Recovery of Young People in the Process of Formation of Anti-Terrorist Behavior

Afov A.

摘要

The purpose of this study was to study the factors that determine the moral recovery of young people in the process of forming anti-terrorist behavior. In this study, we examined the moral education of modern youth, which served as the main reason for their involvement in extremist ideology. In general, the moral education of young people is currently in decline. There are many reasons for the decline, and in this study we identified one of the most global ones, on which special emphasis must be placed to eradicate extremism - the lack of an institution for educating young people as such. The objectives of the study are to analyze the causes of youth extremism. The lack or lack of moral education is the root cause of such a colossal spread of extremist beliefs. Such people are most often sought by recruiters, since they can easily be convinced that extremism is not harmful, but on the contrary, this belief is the only right one. Also, young people experiencing financial or psychological problems fall under the sight of agitators. Conclusions: The problem of moral education is so acute that you can no longer close your eyes and let everything go to gravity. It is necessary, by combining the efforts of state and law enforcement agencies and local self-government bodies, to support families and educational organizations in the cultural and moral education of the younger generation. Children our future and once it will depend on them the fate of our Motherland, therefore, and we cannot afford to entrust the fate of our Fatherland to immoral people.
Gaps in Russian Legislation. 2021;14(4):67-70
pages 67-70 views

Differentiated Treatment of the Distinction Between "Terrorism" and "Extremism" in Criminal Law

Thagalegov A.

摘要

The purpose of this study was to consider the distinction between the concepts of "terrorism" and "extremism." Differentiation of these concepts reveal their general and distinctive characteristics. Although most researchers use these concepts in synonymous order, we have tried to investigate various objects and the different nature of their social danger. The objectives of the study are to analyze the content of the concepts of "terrorism" and "extremism," as well as the orientation and motives pursued by these crimes. Conclusions: in the framework of the study, we conclude that the orientation of extremist activity is to develop means and methods of opposing the existing foundations, to fight in defense of their critical views, as well as to reject any compromises. Extremism in its manifestation is guided by calls for the choice of radical measures to achieve its goals, which are aimed at changing the content of political institutions. In determining the orientation of terrorist activities, we note the existence of specific motives and goals inherent in these crimes. The nature of terrorism is constituted by the violent influence of radical political groups and their adherents and followers on the consciousness of the masses and the structure of the authorities to advance, including by force, their ideology.
Gaps in Russian Legislation. 2021;14(4):71-74
pages 71-74 views

Influence of Physical Fitness on Shooting Technique of Students of Educational Organizations of the Ministry of Internal Affairs of Russia

Kardanov A.

摘要

The purpose of this study was to study the effect of physical fitness on the firing technique, which, as you know, consists of four components: making, grabbing weapons, aiming and lowering a trigger. And in order to learn the skills of good and effective shooting, a constant training is necessary, which is carried out with students in physical and fire training classes within the walls of educational organizations of the Ministry of Internal Affairs of Russia. The tasks of the study are to analyze the reasons for the formation of effective shooting skills. One of these key factors is the physical fitness of the shooter, which ensures the constant improvement of forms and methods for optimizing the quality of shooting. And the main problem that beginners face is blind adherence to instructions, that is, lack of autonomy. The main goal of training sessions with students is to educate them with courage, determination, initiative and resourcefulness in the formation of shooting techniques. Conclusions: we have established that when developing shooting skills, listeners are subjected to great physical and mental stress. In order to raise and hold the weapon in the position of manufacture, listeners require a high level of power stamina and stamina to static forces, which are one of the main motor qualities of the shooter, in whose activities there are all known types of fatigue: mental, sensory, emotional and physical. And by organizing training sessions with students, the training process must be built in accordance with the general patterns of training, the effectiveness of which depends on the experience acquired earlier. The focus of the physical training of shooters is to solve the problems of training - the confident and competent use of formed motor skills and shooting techniques, as well as improving the level and skill achieved.
Gaps in Russian Legislation. 2021;14(4):75-78
pages 75-78 views

Assessment of the Potential of Physical Culture and Sport in Preventing Terrorist and Extremist Activities

Khazhirokov V.

摘要

The purpose of this study was to study the potential of physical culture and sports in preventing terrorist and extremist activities. The development of extremism is facilitated by the interaction of the socio-political, economic and spiritual spheres of public life. The increase in the number of extremist crimes committed by adolescents gives us the right to claim that they constitute the most criminal layer of society and the main force of extremist associations. The tasks of the study are to analyze the potential of physical culture and sports in preventing terrorist and extremist activities. The promotion of sports and physical education, in our opinion, is an important aspect in solving the problem of the development of extremism and terrorism. It is necessary to instill in young people the right cultural development through sporting events aimed at promoting a healthy lifestyle. Sports must be held systematically in the most popular sports among young people. The state should invest in the construction of new and restoration of old sports complexes, where young people in their free time could play sports, and not commit crimes, alcohol and drug use. Proper moral education reduces the risk of involving an unfriendly mental individual in extremist and terrorist associations, illegal gangs. It is necessary to set the right example of youth not in words, but in actions. Conclusions: the future of the younger generation depends on the degree of interest in proper physical and psychological education. It is necessary to use all levers to solve the raised problem; you cannot stay away and let everything flow. Unfortunately, the culture of sports today is in decline, which entails the appearance of adverse phenomena described in the article. A great deal of work remains to be done in the shortest possible time. In order to reduce the duration of this work as much as possible, it is necessary to combine the forces of state and law enforcement agencies, the ministries of sports, education, science and education.
Gaps in Russian Legislation. 2021;14(4):79-82
pages 79-82 views

The Place and Role of Physical Training in the Formation of Anti-Extremist Consciousness and Legal Consciousness of the Personality

Meshev I.

摘要

The purpose of this study was the place and role of physical training in the formation of anti-extremist consciousness and legal consciousness of the person. As you know, the phenomenon of extremism has become widespread on the Internet, whose users are mostly young people, who are beginning to get carried away with its ideas. The tasks of the study are to analyze the place and role of physical fitness in the formation of anti-extremist consciousness and legal consciousness of the person. Every year, the scale of youth fascination with extremist ideologies grows to a greater extent. And the reasons for this negative aspect should be mentioned: social inequality, the desire to assert themselves in the society of peers and adults, insufficient social formation, unsatisfactory professional and life status. The development of extremism is also facilitated by the interaction of the socio-political, economic and spiritual spheres of public life. The increase in the number of extremist crimes committed by adolescents gives us the right to claim that they constitute the most criminal layer of society and the main force of extremist associations. Conclusions: the future of the younger generation depends on the degree of interest in proper physical and psychological education. In order to solve this problem, it is necessary to use all the levers of influence and a greater emphasis in this direction must be placed on physical training and achievement of physical perfection. The popularization of physical training and the achievement of physical perfection should "drag" young people away from their passion for destructive ideologies, which is an important aspect in solving the problem of the development of extremist consciousness. By instilling the right cultural development in young people through sports in the most popular sports, deviant behavior can be avoided, as well as passion for extremist ideas, as well as alcohol and substance abuse.
Gaps in Russian Legislation. 2021;14(4):83-86
pages 83-86 views

Application of Modern Educational Technologies in Physical Training Classes with Listeners of Educational Organizations of the MIA of Russia

Nastuev E.

摘要

The purpose of this study was to study modern training technologies that increase the effectiveness of the implementation of the Physical Training discipline for students of the educational organization of the Ministry of Internal Affairs of Russia. In this study, we emphasized such learning technology as remote educational technologies, which during the world pandemic proved their viability and strengthened their position in the educational space of modern universities. The tasks of the study are to analyze the reasons for the use of remote educational technologies in the process of training students in physical training classes. In our study, we tried to uncover the essence of distance learning, which is carried out using the capabilities of information communication technologies and a worldwide computer network and allows you to broadcast a training resource between a teacher and a student at any distance. We also analyzed the advantages and problems of implementing distance learning due to the specificity of the discipline "Physical Training," which consists in its practical-oriented nature. Conclusions: summarizing the use of remote educational technologies in the process of physical training of students of educational organizations of the Ministry of Internal Affairs of Russia, we consider it advisable to consider them as a special type of training that implements general and special training tasks that require teachers to improve professionalism and specific competence, and from students of a high level of organization and independence. And despite the merits of using remote educational technologies in the process of implementing the discipline "Physical Training," some procedural, technical and methodological difficulties that can affect the quality of the educational process cannot be silenced.
Gaps in Russian Legislation. 2021;14(4):87-90
pages 87-90 views

Improvement of Professionally Significant Motor Skills of Listeners of Educational Organizations of the MIA of Russia in the Process of Physical Training

Kodzokov A.

摘要

The purpose of this study was to study the issues of training of internal affairs officers and improving their professionally significant motor skills, which puzzle many researchers and specialists. This problem is especially relevant in the light of the transforming crime and crime, which, with almost all modern technical means in its arsenal, does not hesitate to use cold and firearms in confrontation with employees. The tasks of the study are to analyze the reasons for the improvement of professionally significant motor skills of students of educational organizations of the Ministry of Internal Affairs of Russia in the process of physical training. Studying the goals of learning, we note in this study that an important condition here is the observance of the principle of interaction with life, when the main emphasis is on professional specificity, and the results of training are checked by the level of education in solving vocational tasks. In the process of improving motor skills, the main focus of the discipline "Physical training" is to achieve such a level of physical development, coordination and psychological stability that will ensure the improvement of personal qualities, including determination, confidence, initiative and the ability to act in extreme, dangerous and non-standard situations. Conclusions: summarizing that the physical training of students of educational organizations of the Ministry of Internal Affairs of Russia is aimed at developing and improving professionally significant skills that contribute to the successful fulfillment of the tasks of the service, it should be remembered that the training process should be based on the principles of continuity, integrity and personal-oriented development. The training process aimed at improving professional motor skills of students is aimed at operational and official activities performed in conditions of high physical and psychological loads.
Gaps in Russian Legislation. 2021;14(4):91-94
pages 91-94 views

Application of Innovative Technologies and Methods of Training in Physical Training of Students of Educational Organizations of the Ministry of Internal Affairs of Russia

Cherkesov R., Kushkhov K.

摘要

The purpose of this study was to study the application of innovative technologies and teaching methods in the process of physical training of students of educational organizations of the Ministry of Internal Affairs of Russia. This problem is of particular relevance in the light of the modernizing departmental education, which is based on the social, cultural, educational and spiritual needs of students, which is facilitated by the introduction of innovative technologies that improve the quality of their training. And one of the significant components of the educational process is the discipline "Physical training." 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. Regarding the application of innovative technologies and teaching methods in the training process of students, it should be noted that through this process a wide variety of tasks can be successfully solved: tasks are performed in conditions close to real ones; Means, forms and methods of training are selected in a didactically reasonable manner; The training is based on a high level of teacher training; ensuring proper control over the implementation of training programs. Conclusions: the application of interactive training within the framework of the discipline "Physical training" should solve the problem of ensuring the development and self-development of the student's personality on the basis of his individual characteristics, revealing his abilities for creative thinking and forming his own style of learning and behavior. The specifics of the discipline "Physical training" consists in its practical orientation, which determines the use of the following types of interactive training: teaching aids, printed materials, multimedia materials, sports equipment and equipment, various trainings. Thus, it can be concluded that the effective physical training of students of educational organizations of the Ministry of Internal Affairs of Russia is most positively influenced by innovative technologies and teaching methods, which are based on the use of active and interactive teaching tools.
Gaps in Russian Legislation. 2021;14(4):95-99
pages 95-99 views

Increasing the Efficiency of the Application of Interactive Forms of Learning in the Classes on Physical Training with Listeners of the Educational Organizations of the MIA of Russia

Kanukoev A.

摘要

The purpose of this study was to study the application and improvement of interactive forms of training in physical training classes with students of educational organizations of the Ministry of Internal Affairs of Russia. In this study, we looked at highly popular interactive forms of learning. These are computer training programs, the work of which is built on-line (between students and teachers), students are given a certain task for an independent solution and smart gadgets - fitness trackers and mobile applications, which act as an excellent motivator for those who periodically miss one or two classes. Among the main functions that these devices and devices have are: counting the number of steps, counting the distance traveled; counting burned calories; pulse measurement; measuring sleep duration and quality. The tasks of the study are to analyze the reasons for the improvement of interactive forms of training in physical training classes with students of educational organizations of the Ministry of Internal Affairs of Russia. Conclusions: The development of the Physical Training curriculum should be based on a systematic approach. Its implementation is based on profiling classes in the context of specialized operational, service and combat activities of employees of internal affairs bodies, which most fully ensures the improvement of applied motor skills and skills in the contingent of trainees. As a result, the efficiency of training is increased, which is based on improving the educational process by solving didactic problems. The solution of didactic tasks is aimed at formation of certain qualities and personality properties among the listeners, taking into account the fact that in the service environment they often face the need to use physical force and combat techniques of wrestling.
Gaps in Russian Legislation. 2021;14(4):100-103
pages 100-103 views

Conceptual Framework for Determining the Extremist Environment and Terrorism in the Context of Globalization

Gedugoshev R.

摘要

The aim of this study was to examine the concepts and sources of the formation of an extremist environment and terrorism in the context of globalization. The formation of human society in the early stages of its development already faced extremism, which was due to the understanding of the benefits of wielding power over people. Today, in a globalizing world, this phenomenon has not lost its relevance and is an inevitable companion of every developed state. Overall, globalization has played a key role in determining the extremist environment and terrorism. The objectives of the study are to analyze the causes of extremism and terrorism in a globalizing world. In our study, we tried to uncover the key causes of the rise of extremism and terrorism. In that vein, we have analyzed the clash between the liberal and socialist ideals of globalization, which led to the widespread spread of extremism and terrorism in the world and which, in the hands of the United States, have become an instrument of pressure on geopolitical opponents. Conclusions: We have established that globalization has become an enabling environment for promoting the ideas of extremism and terrorism, both in the mass consciousness of people and in the global media space, where extremist and terrorist groups broadcast radical ideologies calling for aggressive forms of behavior, justifying the crimes committed and terrorist attacks as the only effective measures to combat in the circumstances. We also found that the dynamics and concepts of globalization, increasing world inequality, provoked an increase in international crime and an increase in social tension in backward countries.
Gaps in Russian Legislation. 2021;14(4):104-107
pages 104-107 views

Major Trends in the Fight Against Cyber Fraud

Ordokov M., Shafieva E.

摘要

The purpose of this study was to study the causes of cyber fraud and ways to counter it. Today in the global space there are many different threats - from hacker attacks to sophisticated fraudulent schemes. Cyber bullying is now a popular phenomenon and is widespread. The Internet space attracts criminal elements to commit illegal acts by its anonymity, accessibility, speed, and cross-border. According to experts, global cyber fraud schemes have caused huge damage to people and companies around the world and according to forecasts, their number will only increase in the coming years. This is especially true for financial crimes. The tasks of the study are to analyze the causes of the phenomenon favorable to the spread of this phenomenon. Thus, the improvement of global space has made it an enabling environment for fraudulent transactions. In part, there is the fault of the users of the global network themselves, who uncontrollably post personal information to their relatives and loved ones, thereby creating fertile ground for the theft of personal data, money and blackmail by fraudsters. People readily answer phone calls from banking and financial scammers, report their bank card data, install suspicious applications on smart phones, issue credit products in mobile applications, etc. Conclusions: we have established that the development of information technologies inevitably leads to the emergence of many new types of offenses, in particular cyber fraud, for the confrontation with which it is necessary to search for measures and relevant measures aimed at protecting personal data.
Gaps in Russian Legislation. 2021;14(4):108-111
pages 108-111 views

Measures to Counter Cyber Terrorist Threats in the Conditions of Globalization of the Information Space

Gedgafov M.

摘要

The purpose of this study was to study the problematic aspects of countering cyber terrorism threats in the context of the globalization of the information space. High technology has led to the transition of infrastructure to a new level of functioning, which has led to new threats to the national and international security system and has caused a range of negative geopolitical consequences. These threats are related to the use of high technology for criminal purposes, that is, the commission of cyber-terrorist attacks in the global information space, whose consequences are comparable to the use of weapons of mass destruction. The tasks of the study are to analyze the causes of the phenomenon favorable to the spread of this phenomenon. Thus, the improvement of global space predetermined the emergence of new communication opportunities and the development of the world community on the basis of a single socio-economic space - the main product of globalization and led to an increase in the threat of cyber-terrorist attacks. Advances in high technology have been a driving force for expanding the spread of cyber terrorism. Conclusions: we have established that technological progress, which is often ahead of speed, with which the state gives a response to its manifestation, creates serious difficulties for law enforcement officers in matters of legal evaluation in the qualification of cyber-terrorist crimes. The protection of personal data, commercial, banking and corporate secrets is also a serious problem against the background of the activation of information and telecommunications technologies. Hence, cyber attacks should be characterized by the irreversibility of their consequences, and the task of law enforcement is to develop measures to counter this phenomenon. Work in this direction, in our opinion, should begin with the definition of cyber security, which consists in the reliable operation of personal computers and the uninterrupted operation of software that will repel cyber-terrorist attacks. The task of the state is to ensure an adequate legal assessment of actions committed in global space, to increase responsibility for the placement of prohibited content, as well as to ensure the organizational and legal regulation of illegal activities in this area.
Gaps in Russian Legislation. 2021;14(4):112-115
pages 112-115 views

Globalization of Informatization, Cyber Terrorism Resource Base

Abidov R.

摘要

The purpose of this study was to study the globalization processes that led to the emergence and development of cyber terrorism. Globalization marked a rapid increase in technological progress, which affected all spheres of human life and increased the dependence of society on the stable and reliable operation of information and telecommunications systems. The improvement of the Internet has predetermined the emergence of new communication opportunities and the development of the world community on the basis of a single socio-economic space - the main product of globalization. The tasks of the study are to analyze the causes of cyber terrorism favorable to the spread. In our study, we revealed the essence of cyber terrorism as one of the destructive types of modern weapons - nuclear, chemical, bacteriological. Today, cyber terrorism has reached such a progressive level when criminals have the ability to interfere with data, interfere with the system, illegal interception and illegal access. Computer fraudsters have almost unlimited opportunities to communicate and share experience in the global space. Thus, we have determined that advances in high technology are a resource base for expanding the scope of cyber terrorism. High achievements, facilitating the daily life of people on the one hand, have created problems, the main of which is cyber terrorism, requiring a special solution, on the other hand. Conclusions: We have established that globalization has become an enabling environment for the promotion of cyberterrorism. And the scale to which it has grown is alarming for law enforcement agencies of almost all states. To achieve significant results in countering this phenomenon, it is necessary to unite the efforts of the leading States of the world, because in a single country effective regulation of cyberspace at the legislative level in a globalized information space is impossible, from which it follows that law-making should be carried out within the framework of international law.
Gaps in Russian Legislation. 2021;14(4):116-119
pages 116-119 views

To the Question of Increasing Liability for Illegal Arms Trafficking

Khamgokov M.

摘要

In the modern world, arms trafficking is a global problem for many states. In connection with this, there has been a significant increase in the number of grave and especially grave crimes. However, despite the fact that Russian legislation defines in sufficient detail the specifics of the legal circulation of weapons on the territory of the country, the issues of illegal acquisition and use of weapons go beyond the control system due to the inaccessibility of the implementation of the relevant mechanisms. The main means of combating illicit arms trafficking is the institution of criminal responsibility for criminal acts in this area. Modern criminal practice demonstrates a significant scale of the use of weapons that are in illegal circulation, in connection with which there is currently an urgent need to improve the existing criminal law norms. The purpose of writing a research paper is to identify the need to toughen responsibility for illegal arms trafficking in the Russian Federation and to determine the most promising options for these changes. The author comes to the conclusion that an effective fight against illegal arms trafficking in the Russian Federation is currently presented only in the case of improving the criminal legislation, as well as the practice of applying criminal law norms. The attention is focused on the presence of a number of bills that were introduced in different years. for consideration by the legislature, but were not adopted. In this context, it is noted that the adoption of the last draft law, which is under consideration in the State Duma of the Russian Federation, is promising due to the validity and complexity of the proposals that are formulated in it.
Gaps in Russian Legislation. 2021;14(4):120-124
pages 120-124 views

Criminal-Legal Correction of Institutions of Pre-Trial Criminal Proceedings on the Example of Art. 307 of the Criminal Code of the Russian Federation: Accidental and Non-Accidental Consequences

Gauzhaeva V., Safronov D.

摘要

The purpose of this article is to summarize the changes made to the criminal legislation and substantiate the need for criminal legal correction of some institutions of pre-trial proceedings. To solve this problem, on the basis of the list of amendments to criminal legislation given in the work, a comparative legal analysis of the definitions used is carried out, the impact of these changes on pre-trial criminal proceedings. In an effort to ensure the legality of decisions taken at the stage of initiation of a criminal case, the legislator has extended the possibility of bringing persons who may oppose the investigation to justice at the stage of initiating a criminal case. The presented article examines the influence of the norms of criminal law on the criminal procedural institutions of participation of an expert, specialist, witness and translator. It is noted that the exact application of Art. 307 of the Criminal Code of the Russian Federation can significantly change the criminal process, ensuring the collection of admissible evidence even before the initiation of a criminal case. The conclusion is made about the need for a preliminary comprehensive assessment of the provisions of criminal and criminal procedure law and the consequences of their changes and the inclusion in the content of Art. 307 of the Criminal Code of the Russian Federation includes three independent groups of information: the first of which is formed by information emanating from persons: conclusion and testimony of an expert, testimony of a witness and testimony of a victim; the second - the testimony of a specialist and the third - a knowingly false translation. The results of such a generalization can be used in the practical activities of the preliminary investigation bodies, for further theoretical research, the preparation of scientific papers and for solving practical problems in the field of criminal proceedings in standard and special conditions.
Gaps in Russian Legislation. 2021;14(4):125-130
pages 125-130 views

On Some Issues of Preparation and Implementation of Special Events by Police Officers

Cherkesov S.

摘要

In the present article, the author has attempted to systematize and ground the basic notions connected with the definition of special operation and the most important factors of training of personnel for police officers’ service in the above-mentioned conditions. It is stated that a special operation is the main organizational-tactical form of internal affairs bodies' activity in extreme circumstances, in connection with which it is necessary to consider the complex of questions, connected with preparation and carrying out of special operations. The article considers distinctive features of management of forces and means of internal affairs bodies in emergency circumstances, as well as deployment of operational management bodies. It is important to understand such issues as level of managerial link, nature and scale of threat or occurrence of negative consequences ensuring preparation, organization and management of the most important, complex and large-scale special operations. And who can carry out operational management in such situations. Much attention is paid to the systematization and definition of functions for organizing continuous and reliable management and communication with the units involved in the special operation and the powers of the local administration (republic, territory, region, city, and district) in the above-mentioned situations. In the conclusion the author points out that, the effectiveness of all organizational and tactical work to fulfill the assigned tasks is directly dependent on the interaction of internal affairs bodies with internal troops and attached forces.
Gaps in Russian Legislation. 2021;14(4):131-133
pages 131-133 views

Current Issues of Tightening the Rules of Weapons Circulation in the Russian Federation

Kharaev A.

摘要

Weapons circulation in the Russian state is carried out on the basis of clearly established legislative requirements and is ensured within the framework of the activities of a number of competent authorities, including law enforcement. The licensing and permitting procedure provided for this area provides for the constant interaction of the competent authorities with the owners of weapons. However, despite the long existence of the relevant practice of interaction in this area, there is currently an urgent need to assess its effectiveness, taking into account the existing legal and social realities, which are manifested in the large-scale spread of criminal behavior using weapons acquired legally. This problem is relevant for most states of the world, in connection with which it is currently necessary to assess the risks associated with the implementation of legislative requirements in the field of weapons circulation within the legal system of each specific state. The purpose of writing this study is to analyze the current aspects of the implementation of the rules of weapons circulation in the Russian Federation, to identify the need to tighten the rules and to determine the most promising options for these changes. The author comes to the conclusion that, despite the existence of a number of requirements for the acquisition of weapons and further possession of them, the increasing number of crimes committed with weapons, and primarily with firearms, testifies to the ineffectiveness of the measures of state influence used in Russia in this area. Attention is focused on the need to increase the age for possession of a weapon, to increase the number and change in the quality of medical examinations of weapon owners, as well as to eliminate certain vulnerabilities in the registration of certain types of weapons. It is proposed to pay special attention to control over the circulation of civilian weapons.
Gaps in Russian Legislation. 2021;14(4):134-137
pages 134-137 views

Improving the Preventive Activities of Investigative Units of the Ministry of Internal Affairs of Russia

Zhurtov A.

摘要

The article is devoted to a comprehensive study of the work of the investigator on the prevention of crimes. In most criminal cases, the versions about the reasons and conditions that contributed to the commission of crimes are part of the versions put forward in relation to the elements of the subject of proof. In this regard, questions and alleged investigative actions and measures are developed and grouped in relation to a specific person (accused, suspect), a separate episode or object. The article presents views on the current issue-the prevention of crimes and the elimination of the causes that give rise to them. The investigative units, in particular, are charged with ensuring the inevitability of punishment, the disclosure of all committed crimes and the timely prosecution of those responsible.
Gaps in Russian Legislation. 2021;14(4):138-141
pages 138-141 views

Problems with Credit Card Fraud Investigation

Luev R.

摘要

The purpose of this study was to investigate the problem of credit card fraud. As you know, the emergence of bank cards and the possibility of using them using smartphones, smartwatches and other gadgets have simplified the process of buying and transferring funds between the buyer and the seller. However, their use also made their savings vulnerable to fraudsters. Thus, the emergence of new methods of fraud required timely and adequate legislative initiative. In particular, the timely response of the legislator was the introduction of article (159.1-159.6) specifying fraud in criminal law. The tasks of the study are to analyze the problems of investigating crimes of bank card fraud. This is due to the fact that such a phenomenon appeared relatively recently, and all methods of committing crimes have not yet been studied in order to develop methods to suppress the activities of fraudsters. Of course, all this poses to law enforcement officers the difficult task of identifying and investigating such crimes. And here an important skill for them is the ability to analyze the actions of fraudsters. And for this, they must have the necessary arsenal of knowledge that will help in a deep analysis of the actions of the fraudster, drawing up his psychological portrait, understanding exactly how the offender managed to seize the data of the map in order to prevent the commission of such crimes in the future. Conclusions: we have established that the problem of card fraud is very relevant today. There are a great many methods of fraud that law enforcement is not yet aware of. That is why it is necessary to find methods to counter fraudsters as soon as possible, since the scale of crimes can go beyond reasonable.
Gaps in Russian Legislation. 2021;14(4):142-145
pages 142-145 views

Anti-Criminal Politics of Russia in the XXI Century: Problems and Ways to Solve Them

Kurshev A.

摘要

The article examines the current policy of state bodies in relation to the decriminalization of society. The article mentions the norms of criminal law aimed at combating crime, presents the problems and ways of solving criminal problems in modern Russian society. During the writing of the article, some problems of anti-corruption policy and ways to solve them were also voiced, as well as issues of developing and optimizing state policy in this direction. The state anti-criminal policy is quite a broad and multifaceted topic to study. This is a complex phenomenon that has criminological and penal components in its structure. A systematic approach to countering the criminal world has acquired special significance today. Not all criminological concepts show their effectiveness in practice. The impact of radical criminology on the fight against crime, which focuses on the concept of a dangerous state and social protection, was minimal. The classic trend in combating crime still has fundamental features. Traditional measures, such as deprivation of liberty and criminal responsibility, are used, as they have been for a long time, and to some extent they do not allow crime to cross certain boundaries. The inevitability of punishment for a crime is one of the most important areas in the system of measures of anti-criminal policy in Russia, and the police act here as the main lever of influence. In the course of the scientific work, it was revealed that there are gaps in the legislation regarding the anti-criminal policy of the country, where there is no legal logic for one reason or another. Very often, these gaps remain unnoticed until a particular criminal case receives a wide public response. Crime is the deformation of a society or its individual individuals. Therefore, the impact on it should be carried out through legal, political, economic and organizational measures. In this regard, it has become urgent to create a more perfect and effective anti-criminal policy of the state. Social and criminal policy are two components of anti-criminal policy. Modern Russia is experiencing a crisis, where there is property differentiation, arbitrariness and dominance of the executive power, and all this is further aggravated by the implementation of not always effective anti-criminal policies.
Gaps in Russian Legislation. 2021;14(4):146-150
pages 146-150 views

Problems of Implementation of the Principles of Criminal Legislation

Khamurzov A.

摘要

The article deals with the principles of criminal legislation, which are fundamental for the entire criminal legislation. The author pays the greatest attention to the principle of legality, the principle of the administration of justice only by the court, the inviolability of the individual, the principles on which the interaction of states in peacetime and wartime is carried out, etc. The article also reveals the main problems of their implementation. The author emphasizes that the crime is a dangerous act prohibited by the criminal legislation, which entails criminal punishment. The article examines the main tasks of criminal law, such as: protection of citizens from dangerous crimes, protection of their rights of citizens; prevention of crimes - the Criminal Code of the Russian Federation, and emphasizes that its effect extends throughout the territory of the Russian Federation, whether it is land, water or air space. The article also reveals the concept and place of extradition in criminal law, as a system of transferring a person to the State in whose territory he is located, for the purpose of bringing him to criminal responsibility or for carrying out a sentence. The main attention is paid to the principles of criminal law themselves, and their significance for society as a whole. The author emphasizes that there are often difficulties in organizing measures to combat criminal offenses due to their insufficient legal development and the need to amend the current legislation becomes more and more urgent over time. One of the fundamental principles of building the criminal policy of Russia is the observance of the principles of criminal law. An integral feature of legislative bodies is the obligation to comply with the principles of criminal law. The author believes that within the framework of one article it is impossible to cover all the global problems of this issue and highlight all the inaccuracies of the legislative regulation of criminal law, but still in this scientific work an attempt is made to consider the basic principles of criminal law all the principles and identify ways to eliminate their shortcomings.
Gaps in Russian Legislation. 2021;14(4):151-154
pages 151-154 views

Factors Influencing the State of the Fight Against Cybercrime in the Modern World

Daurov A.

摘要

The article deals with one of the most pressing problems of the modern world - cybercrime, its main types and factors of combating it. With the development of communication and information technologies, cybercrime has become a very complex problem for the entire world community. The article also examines trends in the development of cybercrime. Cybercrime poses a threat to information security, using the personal data of citizens, stealing the data of various organizations, through the sale of which the criminals are enriched. Cybercriminals also threaten national security by hacking into networks containing data that is strategically important to the state. Legal regulation in the fight against cybercrime is the main measure to counter it. The State tightens the responsibility for committed cybercrimes, improves the legislation, and also criminalizes the acts of cybercriminals. Various companies and ordinary citizens need to protect their data by following the rules of technical self-defense, so as not to become victims of cybercriminals, who sometimes do not always know how to best dispose of stolen data. States of the world use various methods of combating cybercrime, attracting hackers to fight cyber threats, since the growth rate of crime in this area is considered the fastest in the world. There are several types of cybercrimes, including: theft of citizens ' credit card data, theft of corporate data and its sale, email fraud, and cyber-blackmail, i.e. threats of cyber-attacks if the financial requirements of criminals are not met. The scientific work revealed the need to develop common international standards, adopt criminal law norms and revise them taking into account the established international legal documents for the effective fight against cybercrime. In Russia, the department for combating cybercrime has started functioning relatively recently, and its staff includes employees who are both related to computer technologies and law enforcement agencies for the effective detection of crime on the territory of the Russian Federation. The ubiquitous connection to the Internet via smartphones, tablets, and laptops has greatly contributed to the development of cybercrime, the fight against which has come to the fore for all developed countries of the world.
Gaps in Russian Legislation. 2021;14(4):155-158
pages 155-158 views

The Role of the Constitutional Court in Protecting the Rights and Freedoms of Citizens

Teuvazhukov A.

摘要

The article reveals the history of the Constitutional Court, its legal powers, and the procedure for citizens to apply to the Constitutional Court. The author considers the problems in the legal regulation of the state and judicial bodies of the country. The author emphasizes the importance of protecting the rights and freedoms of citizens as one of the most important tasks of the state, and constitutional control is the most effective way to protect violated human rights. The article also emphasizes that the Constitutional Court may initiate legal proceedings only upon the existence of an appeal by citizens or their associations, but not on its own initiative. The Constitution establishes the rule of law, the equality of all before it, the need to respect the rights of every citizen of the country, and the desire for justice. Thanks to the well-coordinated work of the Constitutional Court, all the laws of the state are checked for their compliance with the Constitution, starting from the main normative acts, ending with the normative acts of the subjects of the Russian Federation and municipalities. To apply to the Constitutional Court, it is necessary to have a well-founded complaint regarding the infringement of the right and the complaint must be filed before the execution of one year after its consideration in a court of other instances. If certain provisions of the law are found to be contrary to the Constitution, the case is reviewed in the usual manner. At the same time, citizens or their associations have the right to expect reimbursement of expenses, i.e. payment of state duties, travel or accommodation expenses, lawyers ' fees, postage. Also, a citizen of the Russian Federation has the right to claim compensation for the loss of his time due to the violation of his rights. The article also refers to the combination of formal and material control in the activities of the Constitutional Court of the Russian Federation. The impartiality of the Constitutional Court is a lever for the development of the legislation of the Russian Federation at the level of the subject of the Russian Federation and at the federal level, influencing the democratic structure of the state, human rights and freedoms. In disciplining the legislator in the adoption of laws, constitutional justice is of great importance. The Constitutional Court of the Russian Federation checks constitutional acts, considers complaints about violated rights of citizens. It consists of the Chairman of the Constitutional Court and his deputies.
Gaps in Russian Legislation. 2021;14(4):159-162
pages 159-162 views

To the Question About the Concept and Content of the State Body as a Scientific Category

Shashkarova G.

摘要

Purpose of the researching. In the article draws attention to the fact, that in the domestic literature on the theory of law and state, other juridical sciences have been discussed the question about the content of the definition «state body». Considered the evolution of scientific definitions of the phenomenon of «state body», key typologies of bodies of the state. In this regard, the purpose of the researching is an attempt to find an original definition of a state body as a scientific category. Conclusions. As a result of the analysis, the author comes to the conclusion, that the state body is a relatively independent element («link») of the state apparatus, the state mechanism (executive person, state employee, an official, bureaucrat, organized team of these persons), directly and indirectly involved in state management, endowed with public power credentials (competence), able to implement the tasks and functions of public (state) power, provided by the current juridical order.
Gaps in Russian Legislation. 2021;14(4):163-169
pages 163-169 views

On the Question of the Legal Nature of Local Self-Government in the Russian Federation

Volkova H., Khapsirokova H.

摘要

The purpose of the research. The article examines the legal nature of local self-government as one of the levels of public power. The Constitution of the Russian Federation proclaimed the autonomy of local authorities from state administration bodies. Such a characteristic in the constitutional norms testifies to the essential specificity of this activity and the social nature of local self-government. The purpose of the study is to determine the legal nature of local self-government on the basis of the legal status enshrined at the constitutional level, in the current legislation and judicial practice, as well as in scientific research. Results. As a result of the conducted research, the authors come to the conclusion about the state nature of the legal nature of local self-government. The constitutional reforms of 2020 allowed local self-government to strengthen its legal position as part of a joint system of public power with state bodies. The municipal government is accountable to the State administration bodies, whose capabilities have recently expanded to interfere in the organization and functioning of local self-government. The authors believe that in the future this will entail the formation of a vector of strengthening state control in the interaction of federal, regional on the one hand and local government institutions on the other.
Gaps in Russian Legislation. 2021;14(4):170-176
pages 170-176 views

On the Question of Defining the Concept of "Digital Constitutional Human Rights" in the Modern Period of Development of Legal Science

Mikhailichenko I.

摘要

The scientific article considers issues related to the definition of the concept of "digital constitutional rights of citizens" and their inclusion in the categorical and conceptual apparatus of the science of constitutional law, in the norms of the constitutions of various states. The author offers an interpretation of this concept. Under "digital constitutional rights of citizens", in this scientific article, a set of universal equal opportunities for human behavior enshrined in the norms of the Constitution of the Russian Federation, is meant, and these opportunities determine the procedure for the implementation of individual and joint activities to use digital electronic services, information, digital technologies, digital products, the procedure for guaranteeing protection their rights in the information space. The article proposes ideas, initiatives and suggestions in terms of forecasting the development of digital constitutional human rights that a person currently possesses, using the new information and communication opportunities provided by the global Internet. Conclusions. An analysis of the practice of international legal documents led the author to the conclusion that despite the fact that international organizations are making attempts to regulate relations in this area, work on substantiating digital constitutional norms in some countries is limited to the development of state programs in which normative legal acts are adopted and introduced changes in the norms of sectoral legislation, in other countries the discussion of this problem is only from the perspective of scientific constitutionalists. It is necessary to start work on a comprehensive international program of international legal regulation of relations in the field of digital rights with the involvement of the international legal community, representatives of the science of constitutional law. This will contribute to the development of a categorical and conceptual apparatus in this area of knowledge.
Gaps in Russian Legislation. 2021;14(4):177-186
pages 177-186 views

The Concept and Content of the Right to Life in the Russian Federation

Kanakova A.

摘要

The purpose of this study is to analyze the right to life and related legal categories enshrined in the legislation of the Russian Federation, in particular, the legal fact that gives rise to the right to life, the legal basis for abortion, cloning, euthanasia, suicide, the death penalty, as well as the moment which is associated with the termination of human life and, consequently, the right to life. The result of this study is the conclusion that the right to life in the Russian Federation, despite its fundamental nature, cannot be called detailed. The content of the right to life is determined by each researcher independently, because the legislator has not been clearly established which regulations should be perceived as constituent parts of the right to life. As a result, there are two approaches to understanding the right to life. According to the first point of view, a person is perceived exclusively as a biological being, therefore, the content of the right to life concerns only the issues of his biological existence. According to the second point of view, a human is considered a separate person, therefore, not only the biological existence of a person is important, but also the socio-economic aspects of his life. At the same time, the categories related to the right to life contain inaccuracies or gaps in the legal regulation. In particular, in the Russian Federation, there is no specificity in the issue of legal recognition of the moment of the beginning of a person's life, state policy regarding abortion; provisions related to the death penalty, cloning, euthanasia, suicides, etc. are controversial.
Gaps in Russian Legislation. 2021;14(4):187-196
pages 187-196 views

Legal Support for Foreign Labor Migration in the Russian Federation and the UAE: A Comparative Aspect

Abdullaev E.

摘要

Purpose of the study. The purpose of the article is to analyze the legal support of external labor migration in the Russian Federation (RF) and the United Arab Emirates (UAE) as fundamentally different systems for regulating migration processes and ensuring the rights of migrants in a comparative aspect. The features of the legal support of external labor migration in the UAE, as well as the regulatory framework for the provision of external labor migration in the Russian Federation are analyzed. It was determined that the system of legal support for external labor migration existing in the UAE is unique, “archaic” in its essence and “discriminatory” against migrants in its content, which is the result of a synthesis of the traditions of “Muslim law” and a modern approach to the legal regulation of migration processes. The legislative framework of the UAE has been analyzed, which has confirmed this conclusion. The attractive aspects of the legislation of the Arab Emirates are noted at the level of its individual elements with a general critical assessment of this system of legal support for external labor migration. Output. It has been determined that due to fundamental differences in approaches to the regulation of migration processes between the Russian Federation and the UAE, we cannot talk about any significant implementation of the norms of Arab legislation in the practice of legal regulation of migration in Russia. At the same time, some norms of the UAE legislation can be taken as the basis for improving the Russian migration law. The article provides a number of recommendations regarding the use of these norms, which creates the preconditions for more effective control of migration, as well as for ensuring the interests of the Russian state in the migration sphere.
Gaps in Russian Legislation. 2021;14(4):197-202
pages 197-202 views

Environmental Well-Being as an Object of Legal Support in Foreign and Russian Law Enforcement Practice

Barkov A.

摘要

The purpose of writing a research work is to disclose the content of the definition of "environmental well-being" as an object of legal support in foreign and Russian law enforcement practice and to develop, on this theoretical basis, scientific and practical recommendations for improving legislation in the field under study. The article examines the differences in foreign and Russian approaches to assessing environmental well-being, identifies their advantages and disadvantages. Conclusions. The study reveals that at present, in foreign practice, the need to ensure social and environmental well-being begins to be taken into account when calculating the indices of "happiness", taking into account the environmental component, at the highest level: ministries are established, the index is determined, which is taken into account in social and economic development. It is substantiated that GDP, which is the basic Russian indicator, even taking into account the "human development index" (HDI), is currently not able to objectively assess the dynamics of the socio-ecological well-being of the population, the degree of progress of a sustainable society. Taking into account the positive foreign experience, it is concluded that it is advisable to supplement it in the regulatory documents on the analysis and forecasting of socio-economic development with an alternative indicator - the "indicator of socio-economic well-being (genuine progress)", developed on the basis of the Genuine Progress Indicator (GPI) methodology. A number of specific scientific and practical recommendations are formulated to improve legislation in the field under study, in particular, to legalize the definition of "environmental well-being"; clarification of the definition of "state regulation of regional development", its goals, objectives, focusing on the focus of this impact not only "on improving the quality and living standards", but also on the "environmental well-being" of the population.
Gaps in Russian Legislation. 2021;14(4):203-208
pages 203-208 views

Monitoring and Supervision in Fuel and Energy Sector on the Federal Level: Executive Organs and Certain Types of Monitoring (Supervision)

Sokolova O.

摘要

Purpose of the study: The article examines the problems connected with the unification of administrative monitoring and supervision in the field of fuel and energy sector. The study analyses the system of federal executive authorities that have powers of energy control and supervision. The aim of the study is to identify the executive organs with the specified powers. Another important aspect of this study is to illustrate the interaction of different monitoring (supervision) bodies at the federal level through examples of specific types of monitoring (supervision). The study anticipates systematic reforms of supervision bodies in connection with the adoption of the new Energy Strategy of the Russian Federation, which foresees significant changes in this respect. The study takes into account not only existing administrative regulation, but also forthcoming innovations in federal legislation. A significant body of secondary legislation as well as internal acts of the executive authorities are covered in the research. Conclusions: As a result of the study, specific practical proposals for the reform of monitoring and supervision activities in the sphere of the fuel and energy sector are put forward. The system of executive authorities entrusted with monitoring and supervisory powers in the sphere of the fuel and energy sector is quite extensive and confusing. Therefore, it is proposed to focus on systematizing the powers of the authorities in the framework of the forthcoming reforms and to simplify the system of authorities so as to make it more transparent for economic entities in the energy sector. Special attention should be paid to the revision of technical regulations to ensure that technical regulations are in line with modern standards and meet the needs of the business community. The author concludes that comprehensive reforms, which should address not only federal laws, but also secondary legislation and technical regulations, are needed in this area. This is how the administrative pressure on the business community can be effectively alleviated and the bureaucratic costs of government reduced.
Gaps in Russian Legislation. 2021;14(4):209-217
pages 209-217 views

Prevention of Illegal Actions on the Part of and Against Minors: New Approaches and Prospects for Implementation

Nedostupenko T.

摘要

In the modern world of computer development and progress, a person quickly adapts to a changing environment. The dynamics and diversity of modern technologies also contribute to the early development of children. At the same time, within the framework of the administrative field, minors are responsible for their actions only from the age of 16, since it is believed that from this moment they can control and comprehend their actions, which in some cases gives rise to a sense of permissiveness. The importance of legal analysis is related to the fact that a single algorithm of actions is needed to identify the facts of conscious illegal behavior on the part of a teenager before the age of bringing to administrative responsibility. Thus, this article raises an important question concerning the need to prevent intentional offenses on the part of a minor who uses such a "gap" in the legislation as the age of prosecution. The purpose of this work is to substantiate the importance of reducing the age of administrative responsibility; to develop a model of law enforcement actions on the part of an employee of the internal affairs bodies. The subject of the article is the legal norms regulating the grounds and procedure for bringing minors to administrative responsibility. The problematic nature of this issue, which directly points to the significance of these changes, is expressed in the growing level of juvenile delinquency. Thus, according to statistical data provided by the Prosecutor General's Office of the Russian Federation for 2019 and for 2020, there is an increase in crimes committed by minors in Moscow, which amounted to 4.45%. The relevance of this topic is confirmed by the fact that there is a need to change the norms of administrative legislation to prevent the facts of "deliberate use of the age" of bringing the guilty person to justice.
Gaps in Russian Legislation. 2021;14(4):218-222
pages 218-222 views

The Concept of «Income», its Content and Correlation with Concepts as «Benefit», «Everything Received Under the Transaction», «Enrichment», «Profit», «Economy» (Civil Law Aspect)

Barkova A.

摘要

The purpose of the study. The article discusses the problem of interpretation of the concept of «income» in the Civil Code of the Russian Federation, its content and correlation with such synonymous concepts as «benefit», «everything received under the transaction», «enrichment», «profit», «economy». The purpose of the study is to lay the foundation for conducting scientific research in relation to income as a civil law category. This is necessary to develop the concept of legal regulation of the relevant social economic relations. Results. The concept of «income» for private law purposes is established by the legislator in two aspects: 1) as an object of civil rights - a legal structure that presupposes the union of any derivative property; 2) as an economic phenomenon (or all receipts, or only those receipts that lead to an increase in property mass). Relations associated with incomes, interpreted as an economic phenomenon, require legal recognition and legal protection. The essence of the concept of «income» should be defined through the concept «profit». The concept of «benefit» is broader than the concept of «income», since it includes lost profits, savings, and other non-property receipts that cannot be assessed. The concept of «everything received under the transaction» is broader than the concept of «income», since it includes all benefits, including unjust enrichment. The concept of «income» is already the concept of «enrichment», since it arises by virtue of a law or a contract. The concepts of «income» and «profit» relate as a whole and its part and are in a partitive connection. The starting point for the concept of «savings» is the concept of «costs». Income is receipts in monetary, in natural or in another form.
Gaps in Russian Legislation. 2021;14(4):223-228
pages 223-228 views

Classification of Investments by Terms: Short-Term and Long-Term

Shpinev Y.

摘要

Currently, there are many options for classifying investments in the scientific community, but almost all authors carry out the classification by terms. At the same time, scientists do not have a single approach to classification by time attribute. In addition, the proposed classification options (short-term, long-term, medium-term), as well as the terms of certain investments themselves, are usually not justified anywhere and are presented as a given. According to the author, such an arbitrary and unjustified classification does not meet the requirements of scientific classification. In addition, different approaches and options for classifying investments by terms in investment textbooks do not contribute to a unified collection, analysis, accounting and reporting in the field of investment, as well as the unification of financial documents in accordance with international standards, but on the contrary, will contribute to the ambiguity of law enforcement practice. Based on the options for classifying investments by terms proposed by the scientific community, an analysis of regulatory acts, as well as international standards in the field of finance and accounting, the author comes to the conclusion that it is advisable to use a single classification by investment period for short-term (up to one year) and long-term (over one year), and fixing such a classification in a regulatory document.
Gaps in Russian Legislation. 2021;14(4):229-235
pages 229-235 views

Smart Contract: Concept, Legal Regulation, Aspects of Consumer Protection

Ermakova I.

摘要

The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.
Gaps in Russian Legislation. 2021;14(4):236-247
pages 236-247 views

The Efficiency of Enforcement Proceedings. the Civil Law Means

Zakirov R., Sagitova E.

摘要

The research goal is to define the civil law means that took place in the enforcement proceedings. The article examines the functioning of the compulsory system issues of the Russian Federation and reveals the factors that hinder the effective development of compulsory enforcement institutions via the usage of the civil law structures. Conclusion. The authors classify the civil law means in the enforcement proceedings on different basis that are in laws of Russian Federation. A special meaning of the civil law liability in the enforcement proceedings is mentioned in the article. It promotes more effective work of the compulsory execution system. The responsibility of the enforcement authorities consists of the basic principles of legal liability. The authors came to the conclusion that civil liability is mostly compensatory.
Gaps in Russian Legislation. 2021;14(4):248-252
pages 248-252 views

Some Controversial Issues of Legal Regulation of Marital Property

Moskovskaya N.

摘要

This article is devoted to analyze the approaches to the division of the marital property, which exist in law enforcement practice, to consider controversial issues and to prepare proposals for improving legal regulation. The topicality of the marital property subject is caused by the fact that in a modern family a significant part of relations are property relations. Also, given the trend towards the spread of family relations with a foreign element, the issue of the division of the marital property is of particular interest, when two or more states claim to regulate the property relations of the spouses. Conclusions: Former spouses are in an equal position regarding the observance of the property interests of minor children, and the determination of their place of residence with one of the former spouses is not in itself a basis for increasing the marital share. The property acquired during the marriage using the personal funds of one of the spouses is not the common property of the spouses, however, it is necessary to take into account the difficulties in proving the corresponding chain of transactions. An object of unfinished construction can be attributed to the marital property of the spouses. The beginning of the limitation period from the moment of involvement as a party in the case may lead to ignoring the facts of earlier recognition by the former spouse about the violation of his rights to common property, which may affect the interests of third parties (including in the framework of hereditary relations). A claim for the division of property located in the territory of another state should be considered as a claim to change the regime of marital property of spouses, not as a claim for rights to such an object. Common debts should be included in the marital property.
Gaps in Russian Legislation. 2021;14(4):253-259
pages 253-259 views

The Legal Framework for Cybersecurity in the Russian Federation

Serebrennikova A.

摘要

The article is devoted to the study of domestic sources of law in the field of cybersecurity. Based on a generalization of sources in the field of international law, criminal legislation of foreign states and provisions developed in the Russian legal doctrine, the author concludes that it is impossible to effectively combat cybercrime when using the tools of a single state. The need for international cooperation in the designated area is a red line in all program and regulatory documents of the industry. Purpose of the article: The purpose of the article is to analyze international legal norms, current domestic legislation for the possibility of improving the criminal law mechanism for countering manifestations of "harassment" in Russian society. Methodology and methods: in this study, the author makes extensive use of methods of analysis, synthesis, induction, as well as the method of interpreting legal norms. Conclusions: as a result of the study, the author comes to the conclusion that it is necessary to ensure the global security of cyberspace by improving the legislation of the Russian Federation and effective international cooperation. In this article, the author presents the genesis of the normative consolidation of the mechanism for countering cyber threats, analyzes the mutual influence of sources of international and state law, considers the main provisions of program and conceptual documents that indicate the essence of Russia's legislative initiatives in the relevant area. The author concludes that taking into account international experience in this issue will contribute to the effectiveness of the reforms. Scope of the results: the material of the article is addressed to students of higher educational institutions, as well as graduate students conducting scientific research in the framework of research. In addition, the conclusions of this article can be used by teachers of law schools as a scientific and methodological material.
Gaps in Russian Legislation. 2021;14(4):260-265
pages 260-265 views

Addressing Some of the Legal Challenges Posed by the Coronavirus Infection Control System (COVID-19)

Reshnyak M., Botasheva Z.

摘要

Objective of the study. The aim of this study is to review the innovations amended to the criminal legislation in order to establish a system of measures to combat new coronavirus infection spread in the Russian Federation (COVID-19), identifying current problems and formulating proposals to enhance the relevant criminal law provisions and their application. The object of the study is the social relations connected with the establishment and implementation of new criminal law prohibitions aimed at preventing the spread of the COVID-19 pandemic in Russia. The subject of the study is a complex of legislative and theoretical-applied problems of criminal justice response to crimes that could lead to large-scale negative social effects in the form of sanitary and epidemiological condition significant deterioration in light of the COVID-19 pandemic in Russia and in the world. The analysis of the corresponding new provisions of criminal legislation, the position of the Supreme Court of the Russian Federation, official statistical data on convictions for the relevant crimes have been undertaken in this study. The methodological basis of the study is the universal dialectical method, general scientific and specific scientific methods, including legal modelling one. Conclusions. Based on the results of the study conducted, the author concludes on the need to further improvement of criminal legislation on liability for crimes involving threats to public health. In furtherance of the objective, the article formulates and substantiates specific proposals for the further elaboration of criminal law response to such crimes at their regulatory and practical levels.
Gaps in Russian Legislation. 2021;14(4):266-270
pages 266-270 views

Criminological Features of the Typology of Terrorism

Teplyakov O., Fokin S., Gorbanev V.

摘要

The purpose of the study. The article is devoted to the consideration of terrorism, which is one of the most urgent and discussed global threats, and the problem of its typology. Today, domestic and foreign scientists and practitioners present various variants of the typology of terrorism. Due to the non-standard approach to the typology presented in the article, the authors distinguish common components that take place in real reality, as well as in a special part of the typology of various formats of political and ideological doctrines. Results: On the basis of the studied existing modern typologies of terrorism, taking into account modern trends, a variant is presented, taking into account criminology, the problem of countering this destructive phenomenon.
Gaps in Russian Legislation. 2021;14(4):271-275
pages 271-275 views

Cybersecurity and Computer Literacy in Law Enforcement Bodies

Arkhiptsev I., Fedoseev A., Fedoseev A., Shevtsov R.

摘要

The article defines the state of the information sphere of modern society. The current problems of cybersecurity are updated. A sequence of regulatory legal acts and instructions aimed at ensuring the safety of the company is being built. The authors ' team points out the need to strengthen legislation in the field of information technology, improve digital literacy of the population and improve training methods in the field of cybersecurity. The purpose of this research is to study the issues of improving the training of law enforcement officers on counteraction to crimes committed with using information technologies. Research methods. Analysis of the current Russian legislation in the field of information security and counteraction to cybercrime.
Gaps in Russian Legislation. 2021;14(4):276-279
pages 276-279 views

On Some Aspects of Socio-Criminological Research on Human Trafficking in the Republic of Kazakhstan

Bekmagambetov A., Tabuldenov A., Batyrbekova D., Suleimenov R.

摘要

Purpose of the study. The article considers and analyzes the results of a socio-criminological study conducted on human trafficking in the Republic of Kazakhstan. The authors substantiate the thesis about the insufficiency of existing measures to combat human trafficking, which determines the need to find the most optimal, modern and timely legislative and law enforcement tools. The paper notes that the study obtained specific results related to the study of the features of the formation and optimization of the conceptual and categorical apparatus of the system of crimes related to human trafficking at the international and national levels; ideas, initiatives, proposals, and key results were developed in terms of modeling the policy of countering crimes related to human trafficking and their implementation in scientific and methodological, practical activities of human rights, law enforcement, and international organizations. Results. Within the framework of the study, the authors conclude that the main reasons for the origin of cases of human trafficking in the Republic of Kazakhstan are poverty, limited economic opportunities for access to effective employment, education, a significant difference in the level of economic development between countries and regions within the country, the crisis of the family, family values, domestic violence, the growth of dysfunctional families, general gender inequality, alcoholism, social orphanhood, and peculiarities of mentality. Social status, low level of education, young age, and psychoemotional state are also factors that increase the chances of becoming a victim of human trafficking.
Gaps in Russian Legislation. 2021;14(4):280-285
pages 280-285 views

To the Question About Needless Crimes of Minors

Manukyan A.

摘要

Minors represent a special segment of the population. The spread of crime among minors creates significant risks for the further development of society and the state. Considering that the Russian criminal legislation establishes a minor as a circumstance mitigating punishment, in practice, illegal thinking often takes root in the minds of adolescents, who clearly understand the limitations of negative consequences for themselves. Also negatively on the scale of the spread of unlawful behavior among persons under the age of 18, the erroneous perception of a careless form of guilt affects. An analysis of the reasons for committing such crimes allows us to note their significant diversity, in connection with which the study of careless juvenile delinquency in existing conditions acquires special relevance. The purpose of writing a research paper is to analyze topical issues related to the spread of reckless crimes among minors. The author comes to the conclusion that currently, at the legislative and law enforcement level, insufficient attention is paid to the problems of careless juvenile delinquency. Attention is focused on the features of the mental and physical development of modern adolescents, most of whom allow illegal behavior in the context of imitation of adults with whom they come in contact in everyday life. The paramount importance of excluding the motives of committing reckless crimes by minors, as well as factors that contribute to the development of illegal thinking among young people, is noted. Preventive and preventive activities with the involvement of the public, including work with dysfunctional families, the development of youth public organizations, etc., stand out as the most promising direction in the fight against the spread of reckless crime among minors.
Gaps in Russian Legislation. 2021;14(4):286-289
pages 286-289 views

Digital Technologies and Biometric Data: Problem Statement

Konev D.

摘要

The article examines the problematic issues related to the use of digital technologies and the collection of biometric data of citizens. In the course of the analysis of situations related to the spread of digital technologies and the scale of the collection, use and processing of biometric data, the author touches on issues that the world's population does not understand the full scale of the need to collect, use and process biometric data with examples of counteraction on their part and the developing trend of hiding identity. This issue is considered on the example of the civil legislation of the People's Republic of China, adopted on January 1, 2021, which legalized the SCS system "Social Credit System". At the same time, the article also analyzes the legal issues governing the collection and processing of biometric personal data, as well as the issues of the insolvency of Russian legislation in this matter, which causes different interpretations of it and, consequently, increases the level of insecurity of the population and increases its distrust of the digitalization of society. The purpose of this article is to study the problematic issues that have arisen in the process of digital transformation, related to the implementation of the biometrics system and the legal regulation of these issues. Conclusions obtained in the course of the study. The introduction of digital technologies is known to carry great risks for criminological security, which requires making decisions to ensure criminological security. And, first of all, the creation of a system of personal protection, not only from a technical point of view, but also from a legal point of view. In this regard, it is necessary, first of all, before creating and implementing new technologies, to prepare the organizational and legal basis for their use. This also applies to the problem of creating a legal system of biometric data, which causes a discrepancy in the interpretation of legal issues of their regulation.
Gaps in Russian Legislation. 2021;14(4):290-295
pages 290-295 views

On the Subject of Theft in the Context of Digitalization

Mokrousova V.

摘要

The article discusses the problem of optimizing the subject of theft in the context of digitalization, explains the short-sightedness of the approach chosen by the legislator to change the criminal law in terms of actualization of the institution of theft. The purpose of the study is to develop the concept of theft as an encroachment on property relations in the era of digitalization. Conclusions. Based on the results of the study, the author: substantiates the need to conceptually optimize modern criminal legislation in terms of the division of property crimes provided for in Ch. 21 of the Criminal Code of the Russian Federation, depending on the signs of the subject of the crime and the mechanism of causing property damage to theft and other property abuse.
Gaps in Russian Legislation. 2021;14(4):296-303
pages 296-303 views

On Some Problems of Using Special Knowledge in Investigating Crimes

Shkhagapsoev Z., Kanunnikova N.

摘要

The fight against crime is largely due to the use of special knowledge. Taking into account the fact that Russian legislation empowers the investigator to involve other participants with special knowledge at various stages of the criminal process, it seems necessary to note the relevance of the analysis in this context of the peculiarities of the functioning of experts and specialists. Modern investigative and judicial practice demonstrates the demand for a procedural form of using special knowledge, which is determined by criminal procedural legislation. However, at present, many questions arise regarding the effectiveness of the exclusively procedural interaction of these participants in the criminal process. The purpose of writing a research paper is to identify individual problems arising in the process of using special knowledge in the investigation of crimes. The author comes to the conclusion that, despite the demand for special knowledge at the present time, there is a problem of the lack of uniform approaches in the theoretical and legal development of this category, which significantly complicates the procedural practice in this area. The activity of specialists is highlighted as the most vulnerable area of using special knowledge in investigating crimes, which is due to the presence of a number of gaps in the regulation of their legal status as participants in criminal proceedings. Attention is focused on the need to improve not only the procedural form of using special knowledge, but also the development of reference and advisory assistance at various stages of the criminal process due to its significant potential for investigating crimes. The need to use special knowledge about information and digital technologies to improve the efficiency of the investigation of most modern crimes due to the prevalence of electronic information in the modern world is noted.
Gaps in Russian Legislation. 2021;14(4):304-307
pages 304-307 views

Detention and Home Arrest: Theoretical and Legal Analysis of the Application

Ilin D.

摘要

The article presents the results of a comparative legal analysis of the use of preventive measures in the form of detention and home arrest. Both of these measures are forms of isolation from society of suspects, accused persons, and defendants in criminal proceedings. Thus, detention as a preventive measure, as a general rule, is applied by a court decision against a suspect or accused of committing crimes for which the criminal law provides for a penalty of imprisonment for a term of more than three years, if it is impossible to apply another, more lenient, preventive measure. When choosing a preventive measure in the form of detention, the judge's decision must specify the specific, factual circumstances on the basis of which the judge made such a decision. Such circumstances may not be data that has not been verified during the court session, in particular the results of operational search activities, submitted in violation of the requirements of Article 89 of the Code of Criminal Procedure of the Russian Federation. At the same time, house arrest, along with detention, is classified as a preventive measure that restricts freedom. These measures are identical in terms of preventing consequences. However, this circumstance is often not taken into account by the court. This conclusion is supported by statistics showing a low level of use of home arrest. The article examines the evolution of the legal regulation and application of detention and home arrest. The conclusion is made about the historical continuity of both positive and negative experiences. In particular, the use of detention as a means of influence to obtain "necessary evidence", a punitive measure, which does not follow from its essence, is traced. Unfortunately, this practice still exists today, as confirmed by the examples given in the article. The article examines the conceptual aspects of the use of detention and home arrest as an alternative to isolation from society. Proposals for amendments to the criminal procedure legislation aimed at minimizing abuses in the appointment and execution of procedural preventive measures in the form of detention and home arrest are formulated and justified.
Gaps in Russian Legislation. 2021;14(4):308-317
pages 308-317 views

Theoretical and Practical Problems of Application of the Ban of Certain Actions in the Russian Criminal Process

Shigurova E., Shigurov A.

摘要

Banning certain actions is a new and rarely used preventive measure. At the same time, high growth rates (in 2020 + 48% against last year's indicators) give hope for expanding the scope of its application. The authors propose a number of directions for improving legal regulation and the practice of applying the prohibition of certain actions. First, to fix in part 8 of Art. 105.1 of the Code of Criminal Procedure of the Russian Federation the right of the accused, to whom the prohibition of certain actions is applied, to unimpeded receipt of legal assistance from a defense lawyer. Secondly, the problem of unmotivated imposition on the accused of certain restrictions stipulated by the law was revealed. To solve it, explanations are needed from the Plenum of the RF Armed Forces and a response to each case of violation of the rights of the accused by higher authorities. Thirdly, the authors substantiate the provision that the imposition of a complex of prohibitions on the accused that significantly limit the constitutional rights to liberty and security of person is permissible only in criminal prosecution for those crimes that provide for the possibility of imposing imprisonment as a form of punishment.
Gaps in Russian Legislation. 2021;14(4):318-322
pages 318-322 views

On the Issue of the Detention of a Person on Suspicion of Committing a Crime at the Stage of Initiating a Criminal Case

Burtsev A.

摘要

The purpose of this article: Determine the procedural status of a person suspected of committing a crime at the stage of initiation of a criminal case, the range of his rights and obligations, a set of powers of officials of competent state bodies in relation to the specified person at the stage of initiation of a criminal case. Develop a legal position on the settlement of legal relations arising between a person suspected of committing a crime and officials of competent state bodies at the of initiating a criminal case. Conclusions: at the end of the article, the author proposes a number of innovations in the current criminal procedural legislation to regulate the procedure for the detention of a person on suspicion of committing a crime at the stage of initiating a criminal case. A person suspected of committing a crime at the stage of initiating a criminal case is given a procedural status, which is endowed with certain rights and obligations. A proposal is being made to empower officials of the competent state bodies with respect to a person suspected of committing a crime at the stage of initiation of a criminal case.
Gaps in Russian Legislation. 2021;14(4):323-327
pages 323-327 views

FSUE «Okhrana» («Guard») of the Russian National Guard as a Strategic Paradigm of Security Activities

Lysenko K.

摘要

The updated National Security Strategy sets one of the priority tasks - increase in the anti-terrorist protection of hazardous facilities of various categories. In this regard, the article discusses one of the priority and daily activities of the National Guard troops - ensuring reliable protection of critical state facilities, high-security and restricted access facilities. In addition, there are tendencies for an increase in the number of critical facilities covered by the security activities of the National Guard of the Russian Federation. The author notes the problems that occur in the segment of departmental security service, administrative and problematic resources, and security activities of the Federal State Unitary Enterprise “Okhrana” of the National Guard of the Russian Federation.
Gaps in Russian Legislation. 2021;14(4):328-332
pages 328-332 views

Organizational Approaches to Improving the System of Information and Analytical Support of Disclosure and Investigation of Crimes

Kurin A., Rezvan A., Kardanov R.

摘要

The effectiveness of the activities of law enforcement agencies is the subject of constant public attention, and its indicator is the safety of citizens and the ability to exercise their rights and freedoms. Information for various purposes is one of the strategic resources of the life of modern society. Computer networks, geographic information systems, tactical crime forecasting tools, numerous integrated databases have already found wide application in the activities of internal affairs bodies. Despite this, the main information resource for forensic purposes, the information arrays of the forensic registration system, until now remains a repository of heterogeneous data, the joint use of which causes significant organizational and technical difficulties. Information and analytical support for the disclosure and investigation of crimes is aimed at obtaining an analytical information product about the structure, hierarchy and composition of criminal groups, about commodity-money flows and connections of individuals and legal entities, about their joint criminal activities, about unidentified circumstances of crime events subject to proof. The implementation of aggregate checks of objects and traces on various information arrays contributes to the establishment of missing information about a crime event. In the article, the authors made an attempt to formulate the most effective approaches to improving information and analytical support for the disclosure and investigation of crimes. The implementation of the indicated approaches is possible in the format of creating a unified telecommunications system for forensic registration.
Gaps in Russian Legislation. 2021;14(4):333-339
pages 333-339 views

The Scope of Accreditation of the Forensic Laboratory: the Concept and Patterns of Change

Chesnokova E.

摘要

The purpose of the research work is to analyze the advantages and disadvantages of the «flexible» field of accreditation of forensic laboratories and the field of accreditation that has a rigid range. The development of standardization in forensic science, including the expansion of the number of forensic laboratories that build their activities in accordance with the requirements of the international standard GOST ISO/IEC 17025-2019 «General requirements for the competence of testing and calibration laboratories», encourages us to pay attention to this issue again. In the course of the study, the following conclusions were formulated. Insufficient clarity in defining the «flexible» scope of accreditation and differences in the understanding of its boundaries by the accreditation body, the forensic laboratory and the customer can lead to abuse by individual laboratories and the development of unfair competition. This argument in favor of abandoning the «flexible» field of accreditation for forensic laboratories seems to be much more weighty than the listed advantages of its practical application.
Gaps in Russian Legislation. 2021;14(4):340-344
pages 340-344 views

Organizational and Tactical Information Obtaining Peculiarities on Connections Between Subscribers and (or) Subscriber Devices

Lakeeva E.

摘要

Purpose of the study. The article considers an investigative action - obtaining information about connections between subscribers and (or) subscriber devices, as well as an operational-investigative action - removing information from technical communication channels. The problem is raised related to the lack of a fixed definition of "technical communication channel". A comparative analysis of the distinctive features between the investigative action under Art. 186.1 of the Criminal Procedure Code of the Russian Federation, and operational- investigative action, enshrined in paragraph 11 of Art. 6 of the Federal Law "On Operational-Investigative Activities". The aim of the study is to determine the list of information stored in the databases of organizations providing communication services, as well as to consider the existing legislative possibilities for its provision to the bodies of preliminary investigation and bodies carrying out operational- investigative activities. Conclusions. In conclusion, the author comes to the conclusion that the information obtained within the framework of obtaining information about connections between subscribers and (or) subscriber devices, as well as within the framework of removing information from technical communication channels, is the same. As a result of the study, the author comes to the conclusion that it is necessary to amend Part 1 of Article 53 of the Federal Law "On Communication" and in paragraph 24.1 of Art. 5 of the Code of Criminal Procedure of the Russian Federation, with the aim of accessing the bodies of preliminary investigation and bodies carrying out operational- investigative activities to the same information stored by telecom operators.
Gaps in Russian Legislation. 2021;14(4):345-349
pages 345-349 views

Some Problems of Investigative Tactics in Animal Cruelty Cases

Tebiev R.

摘要

The article examines some problematic issues of the tactics of conducting investigative actions animal cruelty cases. On the basis of the analysis of criminal cases of this category, typical investigative actions carried out during their investigation were considered: inspection of the scene of the incident, examination of objects, interrogation, appointment of an expert examination, and also the difficulties that arise during their conduct are revealed. Conclusions: Based on the consideration of problematic issues of investigative tactics in animal cruelty cases, options for their solution are proposed. Practical recommendations are formulated for the tactics of examining the scene of the incident, examining objects, assigning forensic examinations, etc.
Gaps in Russian Legislation. 2021;14(4):350-353
pages 350-353 views

The Concept of Forensic Risk Assessment in an Anti-Corruption Compliance System

Sharshova M.

摘要

Research objective. The article is devoted to disclosure of becoming more and more urgent in modern conditions for the theory and practice of law enforcement agencies and compliance-control units of business structures (security services), issues relating to the concept of "forensic risk assessment" and the use of tools, techniques and methods of criminology for risk assessment in the system of anticorruption compliance. The article pays attention to the fact that assessment of risks in the system of anticorruption compliance is a complex problem for solution of which it is necessary to use means and methods of various sciences, including criminalistics, especially in the process of revealing, investigation and prevention of offences (crimes) and also violations of anticorruption legislation by employees of business structures. Conclusions. Tasks of the forensic assessment of corruption risks are related to the necessity to identify the states of various objects, to reveal the essence, details and mechanisms of any events, phenomena and processes. Criminalistic assessment of corruption risks in the system of anticorruption compliance is the process of identifying the essence, properties, states and other features of the objects, phenomena and processes connected with violation of anticorruption legislation with the purpose of their prediction, detection and prevention.
Gaps in Russian Legislation. 2021;14(4):354-357
pages 354-357 views

Cybersecurity in the Context of a New Technological Revolution and an Experience of BRICS States

Kartskhiya A.

摘要

The article considers the influence of disruptive technologies as an impact factor of a modern system of cybersecurity and scientific and technological development (STI-Science, Technology and Innovation) in the conditions of the fourth industrial revolution, taking into account the experience of the BRICS countries, as well as the development of mechanisms for international scientific and technical cooperation within the BRICS. The author’s finding of an inevitable development of cooperation within the framework of the BRICS group in order to improve information infrastructure and cybersecurity, ivolve national legal systems and creation of impact factors to create wide prospects for cooperation in the information sphere within the BRICS group and on a global scale. The state of information and cybersecurity will largely depend on the effectiveness of the activities of international organizations, associations of states and regional international structures. At the same time, the level of security in the information sphere, the Internet cyberspace has a direct effect on vulnerability within the national security of each BRICS member country and the entire association as a whole.
Gaps in Russian Legislation. 2021;14(4):358-365
pages 358-365 views

Problems of Conducting Criminal Procedural Actions with the Participation of Foreign Citizens, on Russian Territory, as well as in the Buildings of Russian Embassies and Consulates

Goncharova N., Latypova E., Goncharov N.

摘要

Purpose of the study. The article reveals the problems of criminal procedural actions against foreign citizens. As a result, they come to the conclusion, it was suggested that in order to achieve sustainable development, it is necessary to develop a universal international treaty establishing general rules for working with foreign citizens during investigative actions, as well as in solving some particular issues to implement the international principle of respect for human rights and freedoms in including in matters of criminal procedure: the conduct of procedural actions in the premises of embassies and consulates without the participation of the justice authorities of a foreign state in which the relevant institutions are open, the introduction of mandatory language guarantees for participants in the process, and others.
Gaps in Russian Legislation. 2021;14(4):366-372
pages 366-372 views

Rights of Indigenous People in International Climate Change Law

Makoeva R.

摘要

Purpose of the study. The article examines the problems of protecting the rights of indigenous peoples in the context of climate change under International Human Rights Law and International Climate Change Regime. Results. As a result of the study, the author concludes that the relevance of the issue of protecting the rights of indigenous peoples in the context of climate change is due to the fact that neither the 1989 Convention on Indigenous and Tribal Peoples in Independent Countries, nor international agreements on human rights consider issues related to the violation of the socio-economic and cultural rights of indigenous peoples as a result of global warming. The issue of the impact of climate change on indigenous peoples was the subject of discussion at the 21st Conference of the Parties to the UNFCCC, which resulted in the creation of a special Platform for working with local communities and indigenous peoples. This trend can also be traced in the activities of the Inter-American Commission on Human Rights, UNESCO, the UN High Commissioner for Human Rights, the UN Human Rights Council, etc. Of particular interest are the petitions submitted by Inuit and Athabaskan representatives to the Inter-American Commission on Human Rights in 2005. and 2013. accordingly, since this marked the beginning of the formation of international practice to protect the rights of indigenous peoples, violated due to the lack of an appropriate government strategy to reduce the harmful anthropogenic impact on the climate system. Based on a systematic analysis of international human rights treaties and climate protection treaties, it can be summarized that the protection of the rights of indigenous peoples can be carried out through the application of human rights norms, international legal norms on the rights of indigenous peoples and the inclusion of indigenous peoples' issues in international agreements to combat climate change.
Gaps in Russian Legislation. 2021;14(4):373-383
pages 373-383 views

Formation of Moral and Patriotic Values Among Cadets (Students) of Educational Institutions Ministry of Internal Affairs of Russia

Nagoeva M.

摘要

The fight against crime requires not only the disclosure of every crime committed, but also the education of future law enforcement officers The purpose of the article is to exchange experience in educating students in the spirit of patriotism in the process of training in educational organizations of the Ministry of Internal Affairs of Russia. The formation of moral and patriotic values is an important state task that must be solved in a state-like, planned manner, taking into account the requirements of tomorrow. One of the most important directions of the formation of an employee of the internal affairs bodies is the problem of educating young people in the spirit of internationalism and patriotism. This is the most important component of the training of cadets (students) of educational organizations of the Ministry of Internal Affairs of Russia. The analysis of practice, the study of criminological and criminalistic literature devoted to the prevention of crimes and patriotic education of employees allows us to define the concept of moral and patriotic values when teaching students of educational organizations of the Ministry of Internal Affairs of Russia. Moral and patriotic values are a set of interrelated, as well as measures developed by theory and practice, carried out for the formation of an employee of the internal affairs bodies in the spirit of internationalism and professionalism.
Gaps in Russian Legislation. 2021;14(4):384-387
pages 384-387 views
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