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卷 14, 编号 5 (2021)

Articles

Preventing the Financing of Terrorism as One of the Main Tasks of the Law Enforcement System of Russia

Taova L.

摘要

The purpose of the study. The article deals with the problems of financing terrorist activities and the interaction of various state bodies in the field of combating terrorism. The concepts of financing terrorism, as well as the importance of preventing terrorist crimes for ensuring the security of society and the state as a whole, are analyzed. This article also discusses the issues of organizing interaction between law enforcement agencies and the Federal Service for Financial Monitoring. Federal Financial Monitoring Service studies, analyzes and makes recommendations on the detection and investigation of terrorist crimes. The author also paid attention to the types of responsibility that are provided for by the legislation of the Russian Federation for terrorist crimes. The author analyzes not only the articles of criminal legislation, but also gives an assessment of administrative responsibility. The purpose of the study is to analyze the current legislation in the field of combating terrorism and the implementation of the main tasks of the Russian law enforcement system in this direction. Conclusions of the study. As a result of the study, it should be concluded that the timely prevention of the facts of terrorist financing will be an effective step towards combating terrorist crimes and strengthening the security of society and the state. The growth in the number of terrorist crimes indicates that there is an urgent need to develop effective measures to combat this category of crimes. In the course of this study, the issue of the need to develop a legislative framework regulating the operation of various public associations, commissions, associations for the prevention of terrorist crimes is considered.
Gaps in Russian Legislation. 2021;14(5):19-23
pages 19-23 views

Current Issues of the Use of Internet Resources for Terrorist Purposes

Shogenov T.

摘要

The purpose of this article is to research and summarize data related to the use of the global Internet by terrorist organizations in order to promote radical ideas, incite interethnic and interreligious intolerance, recruit new members, psychological terrorism, information support of their criminal activities. The problems of posting materials of an extremist and terrorist nature on the global Internet are of concern to the entire world community. This problem threatens the security of many countries and their citizens, bringing colossal political, economic and moral losses, exerting pronounced psychological pressure on large masses of people. Using modern information technologies, criminals become less vulnerable to law enforcement agencies. Many resources of the global network (sites, blogs, news feeds) targeted at the Russian target audience are physically and legally located outside the Russian Federation, which makes it difficult to block and remove illegal content. The article analyzes the use of Internet resources for terrorist purposes and the various psychological methods of influence used by terrorists aimed at inciting hatred and intolerance on the basis of national and religious affiliation or enmity. Methods of carrying out hacker attacks on control systems of critical infrastructures of the state, including objects of life support, industry and defense, are considered.
Gaps in Russian Legislation. 2021;14(5):24-28
pages 24-28 views

On Current Issues of Countering Youth Extremism in the Global Network

Burayeva L.

摘要

The purpose of this article is to research and summarize data in the field of combating manifestations of extremism in the global network in the modern conditions of globalization and informatization of society. New forms and ways of introducing the young generation into extremist activities through the global Internet, which has become the main means of communication for extremist and terrorist organizations, are analyzed. Among the main tasks that the leaders of extremist organizations are solving through the use of social platforms is looking for new recruits. The huge resources of cyberspace, which is not limited by either time, geographic, organizational or technological boundaries, provides its users with the opportunity to communicate around the clock, from any part of the Earth, while maintaining anonymity. Using the listed opportunities, criminals can use without restrictions all the necessary tools of manipulative techniques, with the help of which the unconsciousness of the actions of the majority of those involved, their lack of understanding of their participation in extremist activities, is ensured. The younger generation is the most vulnerable part of society, in which, due to the small life experience and the perceptual acuity of the surrounding reality, there is an accumulation of negative protest potential. Extremist organizations attract highly qualified psychologists to work on social services, forums and messengers, who, as soon as possible, form a psychological portrait of a young interlocutor who has entered into communication, and then find the proper approach to him and establish possible ways of using it in the framework of extremist activities. The article analyzes the possibilities of using and the characteristic features of the destructive information and psychological impact exerted by extremist organizations on the mass consciousness of the Internet audience. The current issues of countering youth extremism in the information field, which require further study and generalization, are indicated.
Gaps in Russian Legislation. 2021;14(5):29-33
pages 29-33 views

Criminogenic Factors Affecting the Results of the Counterterrorism in the Territory of the North Caucasian Federal District

Golyandin N., Yesherov A., Sheriev A.

摘要

Based on the analysis of the results of the activities of the law enforcement agencies of the North Caucasus Federal District, the article highlights the criminogenic factors affecting the results of the counterterrorism. The purpose of the study is to establish and identify such factors that have or are capable of having a negative impact on the state of countering terrorism in the region. Conclusions. As a result of the study, the authors come to the conclusion that the following factors can be identified as threat-forming factors: an increase in the level of radicalization of society; the presence of secret cells of international terrorist and religious-extremist organizations unknown to law enforcement agencies operating on the territory of the Russian Federation; an increase in the number of lone terrorists who, under the influence of ideologues of international terrorist organizations, carried out "autonomous jihad"; the return to the Russian Federation of citizens who took part in hostilities on the territory of the Middle East region on the side of international terrorist organizations; active recruiting activities to replenish the ranks of international terrorist organizations with residents of the North Caucasian region, including those serving sentences in places of deprivation of liberty for ordinary crimes; prepared stopping places, caches with supplies of weapons, ammunition and other means of terror conserved by militants; supporters of international religious extremist organizations, providing aiding assistance to their members, including illegal storage of ammunition and means of terror in religious institutions, as well as spreading radical religious views among the population. The authors conclude that with the intensification of operational and preventive measures by law enforcement agencies, further actions of terrorist groups and lone terrorists will be carried out in the regime of their increased secrecy. The object of illegal intentions of members of illegal armed formations may be registration-barrage systems and points of deployment of units of law enforcement agencies.
Gaps in Russian Legislation. 2021;14(5):34-39
pages 34-39 views

Criminal and Legal Liability for Public Calls for Performance of an Extremist Activity in the Russian Federation

Fakov A.

摘要

Extremist activity in the modern world is developing very dynamically and the number of people who share the corresponding illegal views and ideas is constantly increasing. The social danger of this activity is largely manifested in the support of criminal approaches to the resolution of many state-significant issues, which, when massively spread, creates significant threats to the stable functioning of society. In this context, unlawful behavior associated with public calls for performance of an extremist activity 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. Considering the long-term practice of applying the above mentioned criminal law norm, there is an urgent need for its improvement, taking into account the existing realities of illegal behavior of subjects of extremist activity. The purpose of this study is to analyze the institution of criminal and legal liability for public calls for performance of an extremist activity in the Russian Federation. The author comes to the conclusion that the legislator fairly fixes a very voluminous gravamen of the analyzed crime and defines the implementation of public calls 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 specifies gravamen reflecting the participation of a special subject and the organization of public calls, which pose a significant danger to the development of Russian society and the state. Taking into account the specific roles of individuals in the process of public calls will make it possible to consolidate proportionate and fair punishments, depending on the characteristics of their illegal functioning.
Gaps in Russian Legislation. 2021;14(5):40-44
pages 40-44 views

Actual Problems of Adaptation to a Peaceful Life of Persons Who Have Made a Decision to Stop Extremist Activities

Magomedov M.

摘要

The purpose of this study was to study the problems of adaptation to the peaceful life of persons who decided to stop extremist activities. Today, extremism has grown to a planetary scale and acts as a negative social phenomenon, is a constant companion of every developed state. Its consequences are manifested in political instability, which entails the growth of this phenomenon. It should also be noted that extremism encroaches on State, public and personal security and is aimed at intentionally inflicting as much moral, physical, economic and political damage to public and State security as possible. The tasks of the study are to analyze the causes of the phenomenon favorable to the spread of this phenomenon. A globalized society, having gained access to the global information space in which an unusually large amount of information resource of extremist content is created, transmitted and stored today, which can cause irreparable damage to state and public security, is threatened with the violent planting of extremist ideology and recruitment into the ranks of extremists. And significantly, for users of global space, this fact does not cause rejection. However, among the adherents of extremist ideology there are many who have decided to stop extremist activities and are ready to adapt to peaceful life. However, the lack of the necessary socio-psychological rehabilitation inevitably leads the former followers of extremist ideology to serious consequences: they are more influenced by actors who incite ethnic and social conflicts, as well as terrorist organizations. Therefore, returning to the usual state of war for former extremists is easier than adapting to a peaceful life. Conclusions: we found that the main problems of adaptation in most cases are related to the material side of life, including lack of earnings, pensions, lack of housing or unsatisfactory housing conditions, etc. And all this is just the tip of the iceberg. Former extremists must return to society, which causes the greatest fear and difficulty.
Gaps in Russian Legislation. 2021;14(5):45-48
pages 45-48 views

Local Self-Government as the Main Subject in the Field of Prevention of Extremism and Terrorism in the North Caucasus Region

Tokbaev A.

摘要

The purpose of this study is to study the implementation of anti-terrorist policy through the powers of local self-government bodies. The objectives of the study are to analyze the powers of state authorities and local governments in the implementation of anti-terrorist policies. The study examines the provisions of federal legislation that obliges local governments to take part in the implementation of anti-terrorist policies, namely, in measures to counter extremist and terrorist activities. Local self-government bodies perform a number of functions aimed at ensuring public order and compliance with legal requirements within the municipal territory. But it should be noted that local governments should develop and implement measures that are aimed at preventing terrorism and extremism. Effective, comprehensive, preventive work allows you to minimize or eliminate the negative consequences of extremism and terrorism on the territory of the municipality. It is obvious that municipal bodies should carry out anti-terrorist and anti-extremist measures, and the role of municipalities is important in ensuring the security of the state as a whole. The issues of the spread of terrorism and extremism on the territory of the North Caucasus Federal District are still relevant at the moment, since it is the North Caucasus that has become a source of terrorism and extremism on the territory of the Russian Federation. Municipal authorities should address a number of problems that arise in this area on the ground. Since it is the local authorities who have more resources for an objective assessment of the situation in the region, which allows us to select the most effective tools for combating terrorism and extremism in the future.
Gaps in Russian Legislation. 2021;14(5):49-53
pages 49-53 views

The Phenomenon of Assistance to Terrorism in Modern Russia

Kashirgov A.

摘要

In the modern world, terrorist activity and any of its manifestations are one of the most acute problems that interfere with the normal functioning of the state, society and human development. Over the last years, the activity of terrorist organizations has only increased and is capable of leading to disaster. Terrorist acts bring massive human sacrifices, entail the destruction of spiritual and material values, give rise to interstate conflicts, provoke wars. Criminal legislation contains several elements of terrorist crimes, among which aiding in the commission of terrorist acts holds a special place, since of all terrorist manifestations this crime is the most latent, and, therefore, the identification and suppression of the activities of accomplices seems to be very difficult, which requires serious effort. How effective will be to counter aiding terrorism both at the state and international level depends on the completeness of knowledge of this phenomenon. For this reason, it is necessary to comprehensively study the phenomenon of aiding terrorism, identify its specifics, and detect the threats that come from it. An analysis of the essence of the phenomenon of aiding terrorism allowed the author to draw a conclusion about the importance of anti-terrorist propaganda, victimological prevention, as well as the need to concentrate the efforts of law enforcement agencies on identifying and suppressing the activities of accomplices, contributing to the commission of terrorist acts.
Gaps in Russian Legislation. 2021;14(5):54-57
pages 54-57 views

Problems that Hinder the Activities of State Authorities to Counter Extremism

Kanokova L.

摘要

Within the framework of the proposed article, the author presented the problems that hinder the activities of public authorities, dividing them into two groups: organizational and legal. Among the problems, the author points out the lack of a unified understanding of the system of extremist crimes, legislative uncertainty regarding the content of signs of extremist crimes, etc. The significance of the article can be expressed by the measures proposed by the author, which are aimed at improving the effectiveness of the activities of state authorities in countering extremism. The novelty of the article is seen in the concretization of some problems and ways to solve them. Among the problems of an organizational nature are the following: the activities of the Internal Affairs Directorate in the direction of countering extremism are not targeted; not all structural divisions have guidelines for countering extremism; the interaction of state power with other bodies is not always systemic (permanent); control over the activities of informal youth associations is carried out, not always properly. And also among the problems that complicate the activities of public authorities, we consider topical issues related to improving the organizational foundations of this activity. An important emphasis in the work of public authorities should be placed on the preventive and educational component, addressed to young people. This is not accidental. According to many authors, "extremist ideologies are characteristic of Russian youth" The material of the article is enriched with facts and structured from the point of view of the information approach, is of interest to both state authorities and representatives of legal thought, and is focused on drawing attention to the existing problems that make it difficult to counter extremism.
Gaps in Russian Legislation. 2021;14(5):58-63
pages 58-63 views

Some Issues of Countering Terrorism in Russia: A Criminological Aspect

Tolgurova Z.

摘要

The author in the article examines the criminological characteristics of terrorist crimes as a factor in combating 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 analyzes the legal and regulatory framework governing the assignment of responsibility for crimes of terrorist nature, included in the chapter on crimes against public security, as well as scientific publications and statistical data in the field of criminal law and criminology. The purpose of the work is to study the features of the criminological aspects of terrorist activity, specifically the methods, reasons, conditions for committing crimes and the personality of the criminal, as the main subject of criminal offense, as a factor in combating crime. The analysis of statistical indicators allows us to draw a conclusion about the ineffective use of counter-terrorism measures in the context of the growth of this category of criminal offenses, as one of the most socially dangerous and destructively affecting the social and state system act. The study of the methods and causes of terrorist crimes consists in the analysis of statistical data, committed criminal acts and their assessment through the prism of criminological features of the gravamen to form data on the most significant features of the crime. The author of the article identifies the main goals of terrorist activities, which often have the broadest targeting than it seems in theory, such a study helps to form a system for protecting society and the state from criminal offenses by developing preventive measures. The analysis of the personality of the criminal serves as the basis for building a complete picture of the criminal offense, as the sex, age and personal characteristics of the person who committed the crime are assessed. The author draws a conclusion about the importance of the criminological characteristics of terrorist crimes, as a factor forming the possibility of developing and improving measures to counter crime at the present stage of development of social relations, ensuring the security of society and the state.
Gaps in Russian Legislation. 2021;14(5):64-68
pages 64-68 views

Topical Issues of Countering the Spread of Extremism Ideology in the Global Information Space

Kamergoev B.

摘要

The purpose of this study was to study the issues of countering the spread of extremist ideology in the global information space. It should be noted that it is in the global information space today that an unusually large amount of information resource of extremist content is created, transmitted and stored, which can cause irreparable damage to state and public security. Here, extremist groups do not hesitate to plant their ideology and recruit new members into their ranks. And what is remarkable, this fact does not cause much rejection among users of the global space. The objectives of the research are to analyze the reasons that favor the spread of this phenomenon. The accessibility and anonymity of the global information space played into the hands of both adherents of extremist movements and consumers of the broadcasted extremist content. The essence of this phenomenon lies in its multidimensionality, which is expressed in the formation of a person's readiness to accept extremist political, social or religious ideals for their further promotion by violent methods. As a result, we are witnessing a steady growth of both extremist content in the global space and the number of consumers of this material. Thus, extremism has become one of the most acute problems of the modern state. Conclusions: we have established that the global information space, being the main channel for the imposition of extremist ideas, acts as a translator of radical ideologies calling for aggressive forms of behavior, communication and confrontation, while justifying the crimes and terrorist attacks committed, positioning them as the only effective ones in the emerging circumstances. To counteract this phenomenon, it is necessary to search for measures and measures that ensure a balance between the free flow of information and the protection of state and public order, since the uncontrolled functioning of the global space and the development of information communication technologies have led to the intensification of illegal actions by extremist groups that pose a serious threat to the safety of people and state.
Gaps in Russian Legislation. 2021;14(5):69-72
pages 69-72 views

Worldview Aspect of Professionalization of Internal Affairs Staff

Ardavov M.

摘要

The purpose of the study. The article examines the problems of the influence of worldview issues on the possibility of forming the professional positions necessary for an employee of the internal affairs bodies, the necessary professional behavior. An attempt is made to find out the reasons for the increase in negativity in the ideological and moral-psychological state and practical activities of employees of the internal affairs agencies of current Russia, to find out what is really happening: the replenishment that comes to this department with a flawed worldview formed during the previous socialization spoils the ideological and the moral and psychological atmosphere in it or the very content of the activities of this department negatively affects the people who are engaged in it. The article presents the results of a study carried out on a random sample of 150 employees of the internal affairs agencies of the North Caucasian region on the above issues. The existing views on the concept of socialization of the individual are analyzed in detail and their own interpretation of this term is proposed. It is considered in detail as a concept and as a process - “professionalization of a personality”. The questions of the influence of religious worldview on the personality of an employee of the internal affairs agencies are presented, it is concluded that, on the one hand, practical, everyday experience has convinced the overwhelming majority of the research participants of the necessity and usefulness of broad and versatile knowledge about the world around them, and on the other hand, in the course of socialization in a traditionally religious environment, they inevitably acquired a religious outlook. The article argues that any religion requires from its adherents, that their worldview remains agnostic, mystical. The religious worldview can throw entire nations to the margins of scientific and technological progress; it does not need not only science, but also secular forms of culture and art. Conclusions of the study. Based on the analysis, the author concludes that those who see the meaning of life in serving God, Allah, should be given the opportunity to do this freely, but in the appropriate spheres of life and forms, and those who want to serve the state (secular, as it is said in the Constitution of the Russian Federation, see Art. 14), but burdened with a religious worldview - to teach and enlighten.
Gaps in Russian Legislation. 2021;14(5):73-77
pages 73-77 views

Current Issues of the Activities of District Police Officers on Countering Crime

Tlupova A.

摘要

The service of district police officers (hereinafter referred to as the DPO) is a structural unit of the internal affairs agencies that plays an important role in the implementation of the function of combating crime at both its levels: suppression and prevention (prevention). The author analyzed the legal framework governing the activities of the DPO to counter crime. Prevention is the very instrument, the lever of influence, which is able to prevent the commission of illegal acts by citizens (offenses, crimes), to minimize the level of crime. The importance of the role of the DPO in countering crimes is emphasized by many authors [1, 2, 3, 4]. It is the DPO that is the primary link in the crime prevention system, the quality of whose activities largely determines the degree of life safety of people living in the administrative area entrusted to it. UUP monitors the operational, criminogenic situation in the administrative area entrusted to him and has a direct impact on its change. The purpose of writing a research paper is to consider the preventive activities carried out by district police officers, in accordance with the Order of the Ministry of Internal Affairs of Russia dated March 29, 2019 No. 205 "On serving by district police officers in a serviced administrative area and organizing this activity", as well as the powers of the DPO service to suppress crimes. The author comes to the conclusion about the important role of the DPO in combating crime, through the implementation of preventive measures for the commission of crimes. The attention is focused on such a form of administrative activity of the police as administrative supervision, which is carried out by the DPO service. Based on the analysis of the regulatory framework governing the activities of the DPO service, it is noted that the completeness of its legal regulation, the positive result of changes in the legal regime for the implementation of the procedure for performing service by the named unit, the release and unloading of the DPO by prohibiting the imposition of duties on the latter that are not directly related to the fulfillment of those assigned to them tasks, and the introduction of electronic document management, which makes it possible for DPO to more effectively carry out tasks for the prevention of crimes
Gaps in Russian Legislation. 2021;14(5):78-81
pages 78-81 views

Ways of Improving Professional-Applied Physical Training of Listeners of Educational Organizations of the MIA of Russia

Krymshokalov A.

摘要

The purpose of this study was to study the way to improve the vocational and applied physical training of students of educational organizations of the Ministry of Internal Affairs of Russia. In this study, we considered the use of specialized obstacle lanes modeled on a real service environment, which allows us to improve all basic physical qualities in the complex. Here, students practice exercises to overcome various artificial and natural, horizontal and vertical obstacles, including in individual armored defense equipment and with weapons. The objectives of the study are to analyze the reasons for students of educational organizations of the Ministry of Internal Affairs of Russia favorable for improving vocational and applied physical training. Today, the educational process of the Ministry of Internal Affairs system is based on the satisfaction of the social, cultural, educational and spiritual needs of students, which is facilitated by the improvement of vocational and applied physical training. Conclusions: the modern organization of the educational and training process in the discipline "Physical Training" is aimed at implementing the requirements for graduates of educational organizations of the Ministry of Internal Affairs of Russia and, at the same time, leads to the search for new ways to improve vocational and applied physical training. In physical training sessions, identify means and methods to improve the quality of trainees' training in the context of developing their skills to overcome various obstacles. The main means of improving the vocational and applied physical training of students are physical exercises, which are applied in the context of their advantage. Thus, physical exercises are divided into developing physical qualities - strength, speed, agility, endurance, flexibility and vocational orientation - accelerated movement, overcoming obstacles, using combat techniques of wrestling. Improvement of the skill in physical training is ensured by repeated repetition of the exercise (motor action).
Gaps in Russian Legislation. 2021;14(5):82-86
pages 82-86 views

Formation of Professional Competence of Pedagogical Personnel for Physical Training in the System of Educational Organizations of the Ministry of Internal Affairs of Russia

Dadov A.

摘要

The purpose of this study was to study the problems of forming the professional competence of pedagogical personnel for physical training in the system of educational organizations of the Ministry of Internal Affairs of Russia. The large-scale transformations that took place in departmental education and personnel policy put forward transformational processes in the socio-political environment, which determined the need to develop the professional competence of pedagogical personnel in physical training, which will subsequently lead to the improvement of the content, forms and methods of training employees for the department. Consequently, the relevance of this issue and the need to solve it is growing every day, which is due to the content of the Orders of the Ministry of Internal Affairs of Russia regarding the organization, planning and implementation of the educational process. The objectives of the study are to investigate the factors that complicate the process of developing the professional competence of pedagogical personnel in physical training. In this study, we considered the lack of opportunity for educational organizations of the Ministry of Internal Affairs of Russia to prepare instructor-pedagogical personnel for physical training. Therefore, this circumstance is the first reason for the inability to form professional competence. Hence, other problems are already growing with a snowball, when the principle of sports is based on the recruitment of educational organizations of the Ministry of Internal Affairs of Russia with teachers of the required qualifications. Conclusions: the goals and objectives of the discipline "Physical training" determine the need to increase the professional competence of pedagogical personnel. Effective physical training in educational organizations of the Ministry of Internal Affairs of Russia is significantly influenced by the level of professional competence of pedagogical personnel implementing this discipline. Moreover, in accordance with the direction of the personnel policy of the department, the formation of professional competence should be carried out in educational organizations of the Ministry of Internal Affairs of Russia on the basis of the current Federal State educational standards for higher education.
Gaps in Russian Legislation. 2021;14(5):87-90
pages 87-90 views

Emotional-Strong-Willed Self-Regulation, as the Basis for Increasing the Productivity of Police Training, in the Process of Advanced Training in Educational Organizations of the Ministry of Internal Affairs of Russia

Dottuev T.

摘要

The purpose of this study was to study the abilities for emotionally strong-willed self-regulation of police officers in the process of advanced training in educational organizations of the Ministry of Internal Affairs of Russia. Based on a review of scientific works, we have identified various methods for developing the emotional sphere of the individual in the process of professional training or advanced training of police officers. Pedagogical approaches to the development of self-regulation for police officers are described, which in their integrated form will significantly improve the quality of professional activities of these specialists. The tasks of the study are to analyze the reasons for the development of abilities for emotional-will self-regulation of police officers, including natural and artificial methods. Among the natural ways are named: education in the field of factors that reduce stress resistance (high physical activity, a pronounced level of personal anxiety, inability to manage time, etc.); education of responsibility, reliability, consciousness, etc., training in ways to resolve complex professional situations. Artificial methods include: traditional psychological methods (cognitive-behavioral, emotional-motivational, activity-reflexive); hardware (hardware) that increases the resource capabilities of the body. Conclusions: emotional and strong-willed self-regulation, being one of the significant competencies of police officers, is aimed at developing the ability to process emotional factors arising in the process of training, and later in professional activity and develop them on a continuous basis, being a key concept of reliable, effective and productive professional activity.
Gaps in Russian Legislation. 2021;14(5):91-94
pages 91-94 views

Readiness for Forceful Detention of the Offender: Modern Requirements for the Training of a Police Officer

Kardanov A.

摘要

The purpose of this study was to study the issues of forming the preparedness of police officers for the forceful arrest of an offender. The conceptual characteristics of the use of physical force, the suppression of offenses and public order are considered and defined. The objectives of the study are to analyze the components of the readiness of police officers for the forceful arrest of antisocial elements and modern requirements for the level of preparedness of law enforcement officials. It has been established that this problem acquires special significance in the light of the transforming crime and crime, which, having in its arsenal almost all modern technical means, does not hesitate to use cold weapons and firearms in confrontation with employees. In the light of the foregoing, it is necessary to constantly increase the requirements on the part of the Ministry of Internal Affairs of the Russian Federation for the physical training of police officers, in particular, for the formation of their readiness for the forceful arrest of an offender. Conclusions: the process of physical training is focused on the formation of police officers' readiness for forceful detention and the effectiveness of the use of service and applied skills. The main content of the readiness of a police officer for forceful arrest is mastering the most rational system of movements. The educational and training process in this case provides an increase in the level of technical readiness of police officers by mastering and improving the system of movement’s characteristic of the chosen type of single combat. In order to ensure legality, when applying measures of physical influence, the degree of danger to the life and health of persons in respect of whom these measures are applied should be taken into account.
Gaps in Russian Legislation. 2021;14(5):95-98
pages 95-98 views

Some Ways of Effectively Countering the Criminalization of the World Computer Network in the Context of Globalization

Tarchokov B.

摘要

The purpose of this study was to study ways to counter the criminalization of the world computer network, which was especially facilitated by globalization processes. In general, the development of the world computer network has had a significant impact on the entire sphere of public administration and has allowed mankind to go to the use of high-quality ICT infrastructure for the use of these technologies for the benefit of consumers and the state. However, this process, in addition to positive trends, had a negative aspect, consisting in the risk of unlawful interference in the activities of the world computer network and causing harm not only to individuals, but to entire corporations and states. The tasks of the study are to analyze the reasons for the criminalization of the world computer network and the disruption of the normal functioning of the information and telecommunications space. And among the main reasons of course is the self-interest of users. And the most common crimes committed are unauthorized access to the information system, interference with data and the operation of the system, illegal interception of information, illegal use of telecommunications equipment, forgery of documents, copyright infringement, and fraud associated with obtaining economic benefits, etc. In this connection, the public danger of this phenomenon is recognized at the international level. Conclusions: the processes of formation and development of a globalized world space have played a leading role in the expansion of the scope, and as a result, the criminalization of the world computer network. However, the issues related to the criminalization of the world computer network are not sufficiently studied. The effectiveness of the fight against this phenomenon is significantly influenced by knowledge of the specifics of crimes committed in the network. Law enforcement officers in their activities to counter this phenomenon use stereotypical methods and techniques that do not take into account the characteristics of new types of crimes. Also, the lack of developed methods to counter the criminalization of the world computer network and the imperfection of regulatory regulation are also a downing factor.
Gaps in Russian Legislation. 2021;14(5):99-102
pages 99-102 views

To the Question of Countering Crime in the Conditions of Globalization

Koblov F.

摘要

Historically, the emergence of crime is correlated by most scholars and researchers with the period of the emergence of private property, the collapse of the primitive communal system and the appearance in this regard of the first echoes of socio-economic contradictions. According to the author, the organic and consistent development of social relations, achievements in the field of science and technology, which leave a certain imprint on society as a whole, could not but affect the state of such a negative social phenomenon as crime. In confirmation, the author provides comparative data on the state of crime and crimes committed in different historical periods. The purpose of this study is to determine the state of crime, crimes committed in the field of information and telecommunication technologies and the development of measures that can resist crime at the present stage in the context of globalization. The modern stage of development of society is characterized by the rapid development of artificial intelligence, discoveries in the field of medicine, space, military industry, scientific and technological progress in general, and many others. others, against the background of which, according to the author, there are qualitative and quantitative changes in crime and crimes committed. The author comes to the conclusion that over time, crime tends to change, methods, motives of the crimes committed undergo significant changes. In the light of the development and assimilation of IP technologies by mankind, the number of crimes in the field of high technologies has increased significantly and continues to grow steadily. There are many reasons for this. The increase in the number of cybercrimes, in the author's opinion, is largely due to the processes of globalization. The search for solutions to this problem is urgent. In the presented article, the author attempts to analyze the state of crime and some types of crimes committed using information and telecommunication technologies.
Gaps in Russian Legislation. 2021;14(5):103-108
pages 103-108 views

Criminological Characteristics and Problems of Fraud Qualification in the Global Information Space

Abazov I.

摘要

The purpose of this study was to study the impact of the development of IT technologies on the growth of the communication capabilities of the Internet, which resulted in the emergence of fraudulent activities in the global space. Fraud has a special place in the crime system, and it will only grow and improve in the coming years. The definition of fraud in the global information space is a set of crimes, the main characteristic of which is the unity of the way they are committed and selfish motivation. In this case, the unity of the methods of committing a crime lies in the use of communication technologies for deceitful purposes. The objectives of the research are to analyze the problems of qualification and criminological characteristics of fraud in the global information space. We have determined that today law enforcement practice distinguishes two types of fraud in the global information space. The first type includes computer fraud using the capabilities of the Internet space and is called "computer-dependent", since the commission of this type of crime is carried out by copying computer information. Accordingly, the second type of fraud is represented by forms that use the capabilities of the Internet in order to realize the criminal intent of enrichment. And they are called "computer independent". Conclusions: we have established that for the correct criminalization of fraud in the global network, it is necessary to determine a set of signs that allow to properly systematizing the idea of it. These signs include: the method and instrument of the crime, as well as the goals, motives and its consequences. And when analyzing the ways of committing fraud, we have identified the presence of two components - it is deception or breach of trust. The tool here is the global information space. With regard to the goals and motives of this type of crime, the presence of selfish interest, namely the desire to obtain economic benefits at someone else's expense, speaks out. And finally, summarizing the consequences of fraud in the global information space, we note the following: loss of property by the owner; loss of the right to own property; causing property damage; use of telecommunication opportunities for illegal purposes.
Gaps in Russian Legislation. 2021;14(5):109-112
pages 109-112 views

The Fight Against Drug Crimes Committed with the Use of the Internet as an Element of National Security in Russia

Napsokov A.

摘要

The problem raised by the author in the Russian Federation becomes more urgent every year. Illicit traffic in narcotic drugs, potent and psychotropic substances, their analogues, carried out on the Internet, currently, is one of the main problems of our state, for the solution of which domestic law enforcement agencies are responsible. The article examines a typical scheme for the sale of drugs via the Internet, reflects the measures that need to be taken to effectively counter this evil. The author proposes an algorithm for the actions of law enforcement officers for the successful identification and investigation of criminal cases in this area, as well as for raising the level of effectiveness of the fight against illicit traffic in narcotic drugs in the global Internet. This article also reflects such aspects that indicate the replacement of traditional narcotic drugs, namely those included in the cannabinoid groups, with updated psychotropic substances included in the synthetic groups used in smoking mixtures that are distributed through the global Internet, which makes it difficult for the operational units of law enforcement agencies of the Russian Federation. Further, if we consider the algorithm of actions that the author of this article proposes to identify and suppress illicit traffic in narcotic drugs, potent and psychotropic substances, their analogues, carried out on the Internet, then operational subdivisions need to expeditiously conduct operational-search measures, with the aim of again the same prompt provision to the bodies of preliminary investigation of the results of operational-investigative activities, so that the bodies of preliminary investigation as soon as possible take measures and resolve the issue of bringing suspects to justice in accordance with the criminal law. Naturally, if the preliminary investigation bodies have a criminal case in production, then the provision of results in the shortest possible time of the operational-search activity, speeds up the process of bringing the criminal to criminal responsibility, and also facilitates the conduct of operational-investigative actions, which are also important and of great importance for investigation of a criminal case and bring the suspect to punishment under the Criminal Code of the Russian Federation.
Gaps in Russian Legislation. 2021;14(5):113-117
pages 113-117 views

On the Prevention of Crimes Related to the Sale of Drugs and Psychotropic Substances Carried out Using Social Networks and Messengers

Bitov A.

摘要

In modern Russia, crime related to information technologies has gained a rapid turn. Social networks and messengers as a means of committing crimes related to the distribution of drugs and other psychoactive substances have gained high popularity in recent years. This paper examines the issues of law enforcement agencies ' activities to prevent the sale of narcotic drugs, psychotropic substances and their analogues, carried out using information and telecommunications technologies on the Internet, including social networks and messengers. The relevance of this area of activity is justified, and measures are proposed to improve the counteraction to the illegal sale of drugs carried out through social networks and messengers. The article reflects the essence of the so-called "shadow Internet" or DarkNet. The role of such social networks and messengers as "Vkontakte", "Telegram", "DrugVokrug", "Skype", as well as other information resources in the commission of these crimes is described. It is shown how the use of digital technologies has influenced the change in the typology of participants in drug trafficking. A typical composition of members of an organized criminal group engaged in the illegal sale of drugs on the Internet and consisting of a criminal leader, a drug developer, a smuggler, a wholesale drug courier, a marketer, a warehouse manager, a dispatcher, a curator, a personnel officer, a cashier, a promoter, a collector and a pawnbroker is analyzed. Each member of an organized criminal group also received their own characteristics. The article explains the need for operational units to form legendary objects in the form of information and telecommunications resources on the Internet. The paper proposes measures for effective prevention, as well as detection and disclosure of crimes related to the sale of drugs carried out through social networks and messengers.
Gaps in Russian Legislation. 2021;14(5):118-122
pages 118-122 views

Improving Tools for Countering Cyber Terrorism in Modern Conditions

Zhukov A.

摘要

The active development of information technologies in the 21st century contributed not only to the high rates of development of various industries, but also to the emergence of new types of crime. Since criminals follow trends and apply new technologies in their activities. Terrorism was no exception, which in the information society has transformed into a new form - computer terrorism, or as specialists call it “cyber terrorism”. Among the global problems of mankind, a new threat has appeared, which is of a large-scale nature. Cyberterrorism has a number of features in comparison with the traditional form of terrorism: high latency, lack of geographic boundaries, high rates of spread. The presence of such features leads to difficulties in solving crimes of this type. The relevance of the topic is explained by the fact that cyber terrorism is a direct threat to the national security of the state, the fight against cyber terrorism should be carried out by the entire world community. It is necessary to develop modern and effective tools to combat cyber terrorism. The purpose of this article is to analyze tools for combating cyber terrorism and develop recommendations for improving policy in the fight against cyber terrorism.
Gaps in Russian Legislation. 2021;14(5):123-128
pages 123-128 views

Current Issues of Countering Crimes Committed Using the Internet in the Conditions of Globalization

Karchaeva K.

摘要

The last decades have been marked by the widespread use of the Internet in everyday life, professional activity, as well as in the field of trade and services. The use of modern information and technical means has become an integral part of the life of a modern person. With the help of information technology tools, an accelerated and remote version of simplified access to many information resources, government services and trading platforms around the world is provided. Special attention should be paid to the possibility of communication in social networks operating on the basis of the Internet, which allows people to keep in touch all over the world, regardless of location and residence. All these circumstances allow us to conclude that the steady growth in the use of the totality of modern information and technical means and resources of the Internet is a feature of the globalization process. However, like any progressive phenomena, the use of this network and its resources also has its own threats, associated, first of all, with the dissemination of inaccurate or prohibited information, psycho-emotional impact on the consciousness and behavior of the younger generation, as well as the possibility of fraudulent transactions which cause material and moral damage. The relevance of the chosen research topic is explained by the fact that at present the virtual "net" has become a convenient field for committing illegal acts, and the number of crimes and administrative offenses committed using information and telecommunication networks (including the Internet) continues to grow. The purpose of the study is to analyze the main threats to the use of the Internet in the context of globalization, as well as to search for ways and opportunities to reduce the risks of using modern information and technical means. The author comes to the conclusion that Russian legislation fragmentarily regulates relations on the Internet, which creates difficulties in countering these illegal acts.
Gaps in Russian Legislation. 2021;14(5):129-132
pages 129-132 views

Issues of Improving the Scientific Support of the Activities of Forensic Units at the Present Stage

Abazov A.

摘要

The article is devoted to the issues and problems of high-quality forensic support in the process of detection, investigation, disclosure and prevention of crimes, as well as the development of scientific concepts of the activities of these departments. In terms of the activities of forensic units, it should be noted that they are based on the results of scientific research and development, which provides investigators, judges and criminologists with scientifically-based means, methods and techniques for detecting, investigating, disclosing and preventing crimes. In the structure of improving the scientific support for the activities of forensic units, it is necessary to highlight among the key components the knowledge and skills based on them and the skills of the employees of these units to use scientific forensic recommendations in practical activities, to effectively apply forensic methods, methods and means of detecting, investigating, disclosing and preventing crimes. The purpose of this theoretical work is to find methods and ways to improve the scientific support of the activities of forensic units at the present stage. Forensic units need to constantly improve the scientific base and develop new scientific methods for implementing their activities. Since it is the use of scientific methods that is the basis for obtaining the most reliable and accurate forensic examination, on which the result of investigative actions largely depends. For all participants in investigative actions, it is necessary to have the most reliable and scientific information on the results of the forensic examination. The rapid development of science greatly determines the level of requirements for the results of forensic examination, since the investigation of new types of crimes is impossible without the use of the achievements of modern science.
Gaps in Russian Legislation. 2021;14(5):133-137
pages 133-137 views

The Expert Opinion as One of the Types of Sources of Procedural Evidences

Mustafayev M., Asgarov B., Abbasova N.

摘要

The presented article is devoted to topical problems of using an expert opinion in criminal proceedings. According to the authors, these problems are divided into three groups: criminal law, criminal procedure and practical. In this study, in a strict scientific and logical sequence, the techniques that determine the existence of these problems have been identified and the ways of their solution have been described in detail.
Gaps in Russian Legislation. 2021;14(5):138-152
pages 138-152 views

The Concept of "Special Means" and the Basis of Their Application by Police Employees

Urumov A.

摘要

The article considers the problem of formulating the concept of "special means of internal affairs agencies" and conducts a study of the system of its distinctive features. A number of well-known definitions of this term are analyzed, their content is revealed. Special emphasis is paid to the problem of forming the definition of "special technique". It is indicated that the absence in theory and practice of a unified understanding of the term "special means" has a negative effect both in educational activities when having the topic "Special means and personal body armor" and in the law enforcement activities of employees of the internal affairs agencies of the Russian Federation when they perform operational and service and service and combat missions. The author comes to the conclusion that the employees of the internal affairs agencies have at their disposal a wide range of special means, with the help of which they perform the assigned tasks. However, the current legislation regulating the use of special means by employees of the internal affairs agencies should be improved and updated taking into account the needs of society and the state. After all, competent and timely actions of police officers when they use special means can provide decent protection of public order and ensure public safety.
Gaps in Russian Legislation. 2021;14(5):153-155
pages 153-155 views

Spread of "Fake" Information as a Cause of Civil Disorders

Shamaev A.

摘要

The pandemic situation that developed at the beginning of last year had a negative impact on almost all spheres of life in all geospace. The situation, which had no precedents in recent history, predetermined the need to take adequate countermeasures on the part of state authorities and law enforcement agencies in particular. The introduction of non-working days on the territory of the state for a long time, with the introduction of rather strict prohibitive and restrictive measures, formed a generally negative mood in society, when citizens began to look for the cause of what was happening, as well as to satisfy the need for communication using the global Internet, especially in social networks and various types of "messengers". This was taken advantage of by the attackers who attempted to use the situation to please their personal goals, most often political ones, presenting the primary cause of all negative trends to miscalculations and shortcomings in the activities of public authorities. By distributing presentably designed videos, in which misrepresented facts were shown as true, these persons systematically created a negative background, and subsequently began to call for unauthorized public events. This resulted in group violations of public order that took place last and this year in some cities of Russia. This fact predetermined the need for a commensurate response on the part of state authorities. Work in this direction has received its consolidation in the changes and additions that took place during the specified period in a number of legislative acts. It should also be recognized that the activities of law enforcement agencies to suppress civil disorders, including at the stage of their prevention using operational-investigative measures in cyberspace, should be recognized as quite effective. The current situation is extremely unstable and undergoes significant changes at lightning speed, which requires state authorities and law enforcement agencies to intensify their activities in order to respond appropriately for preventive purposes.
Gaps in Russian Legislation. 2021;14(5):156-160
pages 156-160 views

Criminological Characteristics of Crimes Against Property Based on Article 159 of the Criminal Code of the Russian Federation

Surtsev A., Kargieva Z.

摘要

The article examines the problems associated with the constant increase in the number of various types of property crimes in our country. Crimes of this type have always occupied a significant place in the structure of crimes committed. If we take into account the fact that a fairly significant number of crimes for one reason or another are not registered (the so-called latent crime), then we can say that this can eventually acquire a frightening character and lead to dire social consequences in our society. The purpose of the work was to study a number of features of the criminological characteristics of crimes against property on the example of Article 159 of the Criminal Code of the Russian Federation, as a factor that has an extremely destructive effect on the development of a number of social and socio - political relations in modern Russian society. The authors of the article argue that the relevance and significance of the research topic is determined not only by the level of social danger of crimes in this category, but also by the constant growth in recent years of various types of new fraudulent actions among other types of crimes. When conducting an analytical study, the authors used various official legal sources in their work, as well as manuals and works on the study of the elements of crimes against property, both in criminology and in criminal law. The article presents an analysis of statistical data reflecting the current state of crime in the Russian Federation. In addition, the authors give a specific example in the work, which speaks of the need for a thorough, comprehensive study of the personality of the offender when carrying out the criminological characteristics of the crime. Conclusions of the study. Based on the analysis carried out, the authors conclude that when investigating crimes of a property nature, employees of the preliminary investigation bodies should constantly improve their tactical and methodological techniques in order to successfully solve crimes and bring the perpetrators to criminal responsibility.
Gaps in Russian Legislation. 2021;14(5):161-165
pages 161-165 views

Information Support of Services and Units of the MIA of Russia as an Aspect of Effectiveness of Countering Crime

Fedina L.

摘要

The purpose of the study. The article deals with the problems of information support, exchange of information resources and interaction of law enforcement agencies. The stages of formation and maintenance of data banks are analyzed, as well as the importance of this process for assessing the operational situation, the subsequent distribution of forces and means, identifying criminal and antisocial elements, and increasing the efficiency of the internal affairs department as a whole. The purpose of the study is to identify the basic principles of information support for internal affairs agencies, as well as the problems of practical implementation of the appropriate level of information support. Conclusions. As a result of the study, the author comes to the conclusion that the information support of law enforcement agencies is confidently moving along the path of technologization, electronic interaction and document flow, which certainly leads to optimization of work and saving of office time. In addition, the effective use of modern information resources brings significant results in increasing the percentage of crimes solved and shortening the preliminary investigation period, reducing the physical and economic costs of tracing and identifying persons. The author has proven that the key to effective use of the information resources discussed in the article is a qualified approach, which consists in the formation of data banks, the provision of timely, accurate and substantiated information by accounting subjects, as well as in the need to train law enforcement officials on the use of these resources, the organization of their professional development. and retraining on an ongoing basis.
Gaps in Russian Legislation. 2021;14(5):166-170
pages 166-170 views

Issues of Use of Agents Staff in Operative Investigative Activity

Khakunov A.

摘要

The author in the article examines the use of the agents staff in operative investigative activity, as one of the most effective foundations for solving crimes and improving the methods of combating crime. The article analyzes the regulatory and legal framework governing the foundations of the formation of the principles of the agent apparatus and the conditions of its forming, as well as scientific publications and literature in the field of agents assets in the operative investigative activity. The purpose of the work was to study the peculiarities of the agents staff in operative investigative activity, as a factor contributing to crime solving and effective cooperation with private citizens through the means of covert methods of investigation. An analysis of the tactics of forming the agents staff allows us to conclude that a thorough assessment of the personality of the assistant is necessary to determine his psychological and specific characteristics and motives for cooperation. The study of motives prompting a person to cooperate makes it possible to assess personal qualities and readiness to find out information. At the same time, the author identifies five types of psychological characteristics of motives, each of which includes a certain group of people. Also, analyzing the effectiveness of the use of the agent apparatus in the law enforcement intelligence operations, the author comes to the conclusion about the need for psychological preparedness of persons assisting operational units. The agents staff acts as the basis for law enforcement intelligence operations, as it contributes to the formation of interaction between individuals and law enforcement agencies on the basis of legislative consolidation. The author draws a conclusion about the importance of using the agents staff in law enforcement intelligence operations, as a factor contributing to the disclosure of crimes and the improvement of measures to combat crime.
Gaps in Russian Legislation. 2021;14(5):171-175
pages 171-175 views

Criminal Liability of Parents for Improper Performance of Parental Duties

Kushkhov R., Nakusov A.

摘要

The author in the article considers the peculiarities of criminal liability of parents for improper performance of parental duties as a factor of influence on family relations. The article analyses the regulatory and legal framework governing the assignment of liability for non-fulfillment of parental duties as a factor violating the rights of the child, as well as the study of scientific publications on the topic of research for the purpose of comparative analysis. The purpose of the work was to study aspects of the criminal legal liability of parents for improper performance of parental duties in two norms of criminal law presented in the dispositions of articles 156 and 157 of the Criminal Code of the Russian Federation. In the analysis of the main aspects of the criminal liability of parents who do not properly perform their parental duties, a number of characteristics that make up the crime were identified, namely the lack of upbringing of children by the moral and physical criterion and the evasion of payment of maintenance payments by the material and financial support of the child. The classification of duties assigned to parents in the system of family regulation of relations creates the opportunity to distinguish two categories, namely social, physiological and material, in violation of which criminal liability arises. The author of the article identifies the dependence of the rights and obligations of parents in the system of family relations, emphasizing duties as a factor in the protection of the most vulnerable family members. Aspects of criminal liability for failure to fulfill parental duties consist in the analysis of the corpus delicti, the identification of significant categories of assault. The author concluded that the criminal liability of parents for failure to fulfill or improper performance of parental duties is important as a factor in protecting the rights of children.
Gaps in Russian Legislation. 2021;14(5):176-180
pages 176-180 views

Some Features of the Legal Guarantees for the Protection of Persons Providing Assistance to Bodies Engaged in Operational Search Activities

Lyuev T.

摘要

This article discusses some issues of providing legal protection for persons who provide covert assistance to bodies engaged in operational search activities. The problems of the society's attitude to the very fact of cooperation between citizens and law enforcement agencies of the state are touched upon, including taking into account such categories as morality, rights and freedoms of the individual, which are somehow affected by operational search activities; the role of the agent method at various stages of the development of human society is traced. The article argues for the importance and indispensability of the agent component of operational-investigative activities in solving most of the tasks facing it in combating various manifestations of criminal activity, and emphasizes the moral difference between the work of confidants who assist in the detection and suppression of criminal crimes and the activities of the agents of political investigation. The paper also identifies some shortcomings and gaps in the implementation of guarantees of legal and social protection of confidential persons, which arise due to the fact that the legal status of this category of persons is not fully defined at the legislative level. It is proposed to discuss the possibility of making changes to the legislation, for example, to include confidants in the list of person’s subject to state protection measures in accordance with Federal Law No. 119-FZ of 20.08.2004 "On State Protection of Victims, Witnesses and other participants in Criminal Proceedings".
Gaps in Russian Legislation. 2021;14(5):181-184
pages 181-184 views

Organization of a Pyramid Scheme and Methods of Countering Illegal Fundraising

Shogenov Z.

摘要

The organization of activities aimed at illegal attraction of funds or other property of individuals and legal entities, referred to as a" financial pyramid", today represents a danger to citizens and organizations, including the state, in connection with harming the interests protected by laws. The paper reflects the negative consequences of such activities, which have a negative impact on the monetary system, the financial market, and leads to the loss of various types of property in a large number of the country's population. Within the framework of the work, the main features of financial pyramids, the reasons that contribute to the creation of such organizations, and the ways of their modern existence are indicated. The purpose of writing a research paper is to analyze the reasons for the growth of the above-mentioned crimes and their distinctive features from commercial organizations, the features of the corpus delicti, and methods of counteraction. The author comes to the conclusion that there are a number of qualifying features, focuses on the ways of their creation and further existence. With the advent of various financial instruments, and especially with the development of the Internet telecommunications network and the emergence of various social networks, there are more opportunities for the organizers of such crimes to steal other people's property, as a result of which negative economic, social and moral consequences are generated that undermine the trust of citizens in financial institutions.
Gaps in Russian Legislation. 2021;14(5):185-188
pages 185-188 views

Methodological Foundations of Studying of the Rosgvardia in the Format of the Theory and History of the Law and State

Shashkarova G.

摘要

Purpose of the researching. In the article was implemented the attempt of analyzing of the methodological foundations of the study of state-juridical institutions, in particular, of the Federal Service of the National Guard Troops of the Russian Federation (Rosgvardia) in the format of the subject of theory and history of law and state. Attention is paid to philosophical, general scientific and private (special) scientific methods. As its approbation to the subject of the article carried out comparative-juridical analysis of the Rosgvardia and the National Guard of the United States of America (US NG). Conclusions. As a result of the analysis it was possible to recognize the heuristic hypothesis of the study that priority in the scientific study of the Rosgvardia as a state-juridical institution are such problem-oriented methods of cognition of state-juridical reality as philosophical (dialectical-materialistic, etc.), general scientific (ascent from the general to the particular, deduction and induction, systemic), private (special) scientific (historical-juridical, comparative /juxtaposition-juridical/, juridical-technical) methods.
Gaps in Russian Legislation. 2021;14(5):189-193
pages 189-193 views

Comparative Legal Analysis of Models of Financial Legal Regulation of Cryptocurrencies and Tokens

Razdorozhnyi K.

摘要

The purpose of the research. Despite the short existence of the financial technology market, the world has already developed certain approaches to the legal regulation of this industry, determined by the financial policies of specific states. The study of these approaches aims to identify significant gaps in the domestic financial legislation that hinder the development of the Russian fintech industry. Results. The study of foreign experience in the financial legal regulation of tokens and cryptocurrencies on the example of countries that legalized their circulation (USA, Republic of Belarus), as well as countries adhering to a prohibitive approach (PRC), made it possible to formulate a list of gaps in Russian legislation that hinder the development of the financial technology industry in our country. Among these gaps, it is worth highlighting the lack of a fixed list of permitted operations with cryptocurrency and a legal basis for the emission of national digital currency, the inadaptability of tax legislation to taxation of income from transactions with cryptocurrencies and tokens and to economic incentives for participants in the financial technology market.
Gaps in Russian Legislation. 2021;14(5):194-197
pages 194-197 views

Management of Migration Processes in the Territory of the Post-Soviet Countries and in the Countries of Asia

Manukyan A., Gutieva I., Balkarova Z., Tutukova M., Gelyakhova L.

摘要

In recent years, an intensification of external and internal migration flows has been observed in all countries of the world. Migration processes associated with the forced change of the place of residence of people for a long time have an impact on social processes within each state. Migration processes affect the political, social, economic situation in the country, the demographic situation, as well as national security, and against the background of the development of globalization processes, information and communication technologies, the expansion of transnational crime, terrorist threats, the problem of managing migration processes becomes relevant. This problem is especially acute in European states in connection with a series of military conflicts in the Middle East, which led to a huge flow of migrants fleeing to peaceful European countries. The existing imbalance in the management of migration processes, which should provide for the presence of a necessary and at the same time sufficient contingent of visiting citizens on the territory of a particular metropolis, entails along with economic, social, demographic and criminal consequences. In the article, the authors made an attempt to consider the essence and distinctive features of migration processes in the countries of Asia and the former USSR.
Gaps in Russian Legislation. 2021;14(5):198-203
pages 198-203 views

Turnover of Land Plots in the Territory of the Moscow Region: Current Problems and Ways to Solve Them

Shidakova V.

摘要

The purpose of the research. The location of land plots within the boundaries of the first and second zones of the sanitary protection zones of sources used for drinking and household water supply imposes a restriction on the turnover of the plots. This problem is especially relevant for the Moscow region. The purpose of the study is to identify the problems of the turnover of land plots in the territory of the Moscow region, as well as to propose ways to solve the identified conflicts. Results. The conducted research made it possible to identify the features of the territory of the Moscow region. So, in the Moscow region there are about 2000 rivers and rivers (323 of them are more than 10 km long) belonging to the Volga River basin, there are many other water bodies, as a result of which there is a large amount of land that cannot be used by private individuals for commercial or personal (IHS) purposes. This issue is currently quite popular in the study, so there is a need not only for its doctrinal study, but also for developing ways to solve the current situation that would satisfy both private and public interests. In this regard, the author in this study determines the perspective in solving the current situation.
Gaps in Russian Legislation. 2021;14(5):204-211
pages 204-211 views

Modern Scientific Aspects of the Administrative and Legal Status of an Employee of the Internal Affairs Body Based on Materials from Mongolia and the Russian Federation

Nyamsuren E., Lozovitskaya G.

摘要

The co-authors highlighted issues related to modern scientific aspects of the administrative and legal status of an employee of an internal affairs body based on materials from Mongolia and the Russian Federation, touched upon the problems of comparative legal analysis in order to improve the administrative and legal status of an employee of internal affairs bodies. The essence and issues of the implementation of the legal status of an employee of the internal affairs bodies, which is in the center of attention of both scientists (first of all, administrators), legislators, civil society, and the employees themselves, due to its relevance, are considered.
Gaps in Russian Legislation. 2021;14(5):212-218
pages 212-218 views

Problems of Efficiency of the State Service

Kravets I., Permicheva A.

摘要

The article examines the issues of the effectiveness of the activities of civil servants, where the quality of public administration directly depends on the system of legal regulation. And here the main role is played by the law-making activity of the executive authorities and their officials, which is aimed at the formation of the legal space, legal support of state policy, compliance with the law, creation of conditions for the realization of the rights, legitimate interests and duties of citizens. Since the qualitative and correct solution by the state authorities of economic, political, social tasks largely depends on the specific activities of civil servants. The purpose of the presented study is to consider issues arising in this area regarding the effectiveness of the civil service as a whole, its types and levels, optimization of costs for civil servants and the development of resource support for the civil service. Since the competent organization of the activities of the executive authorities, the delineation of their powers, the use of modern management technologies, the construction of a high-quality civil service system, as well as the effectiveness of legal regulation ensure the achievement of the goals of public administration, have a significant impact on the development of the country and, as consequence, on the quality of life of our citizens. Based on the study, the authors come to the conclusion that the public service is the initial element of the public administration system. The organization and construction of effective bodies of state power is unthinkable without the formation of a high-quality system of public service. The system of public service is entrusted with the most important functions of public administration, the implementation of which is necessary to ensure the existence of the state.
Gaps in Russian Legislation. 2021;14(5):219-226
pages 219-226 views

Improvement of Organizational and Legal Activities in the Field of Legal Informing of Military Personnel

Grishnova E., Zhdanov S., Rybina S., Skryachev A.

摘要

This article examines the problems of improving the mechanism of legal regulation of certain aspects of the activities of military administration bodies on legal informing of military personnel and their families, civilian personnel of the Armed Forces of the Russian Federation, military pensioners. The purpose of the work was to identify problems in the organization and legal regulation in that part of the military-political work, which is the activity on legal informing of military personnel, members of their families, civilian personnel of the Armed Forces of the Russian Federation, military pensioners.
Gaps in Russian Legislation. 2021;14(5):227-232
pages 227-232 views

Alimentary Agreement for Minors in Spain: Legal Specifications

Artemieva Y.

摘要

Legal features of alimentary agreement for minors in Spain arising at the stage of its conclusion, approval, amendments to it and its termination are examined in this article. An analysis of law enforcement practice allows us to identify the approach of the judiciary to resolving legal gaps in the field of alimentary agreement for minors, among which, for example, the emergence of disputes from alimony agreements that, in violation of current legislation, were not approved by the court. An attempt to form the most uniform and objective system for determining the amount of alimony obligations based on the Statistical tables of alimony obligations is also analyzed.
Gaps in Russian Legislation. 2021;14(5):233-236
pages 233-236 views

Novelties of Inheritance Law on the Trust Management of Hereditary Property

Belyaev R.

摘要

The article analyzes the novelties of Russian legislation related to the trust management of inherited property - the requirement to conduct an independent assessment of a part of the property transferred to the trust management before the conclusion of the relevant contract; the provision that the executor is considered to be the trustee of the inherited property from the moment of his consent to be the executor of the will; the non-appointment of the beneficiary under the contract of trust management of the inherited property; about the possibility of appointing a potential heir as a trustee; about restrictions on the rights of the executor to make transactions with the inherited property transferred to him for management, etc. As a result of consideration of these and other innovations related to the trust management of hereditary property, the article concludes that it is advisable to adopt many of them. Nevertheless, some norms need to be clarified.
Gaps in Russian Legislation. 2021;14(5):237-240
pages 237-240 views

President in Model of Corporate Governance of the Bar Association

Bulava M.

摘要

The purpose of the research. The article is devoted to the study of the legal status of a sole executive body of Bars associations. The aim of the research is to develop the concept of the legal status of the president of a Bar associations from the standpoint of corporate law. Results. The concept of the legal status of the president of a bar association was formulated on the basis of the results of the research. Paper also contains proposals for Federal Law "On the Bar and Lawyers in the Russian Federation" that constitute right of Bar association to establish in the charter of Bar association the powers of the council of the Bar to determine the competence of the president of the Bar association. The conclusions of the article could be useful for participants of legal relations which related with corporate governance of Bar association and provide a balance of interests of lawyers and directors of the Bar association.
Gaps in Russian Legislation. 2021;14(5):241-246
pages 241-246 views

Biological Safety: Modern Challenges (Criminal Law Aspects)

Serebrennikova A.

摘要

This article presents a study on a topical and highly controversial topic of criminal law protection of modern biosafety of the Russian Federation. The paper presents a qualitative study of the relatively new term for the domestic legal order, "biological safety" in the context of its criminal law protection. Purpose of the study: to analyze the modern criminal law opposition to the use of pathogenic, bioactive agents that are different in nature and are used purely for criminal purposes. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpreting legal norms, which make it possible to better comprehend the institutions of criminal law and determine the main directions of their development. Conclusions: based on the systematization of normative and doctrinal sources in the designated area, the author highlights the most relevant manifestations of biological security threats, offers tools for effectively countering socially dangerous acts committed using pathogenic biological agents. In order to more effectively ensure the biosafety of the state, society and the individual, the author proposes the adoption of a special Federal Law designed to eliminate gaps in Russian legislation.
Gaps in Russian Legislation. 2021;14(5):247-252
pages 247-252 views

Violation of the Procedure for Organizing and Holding Public Events (Problems of Interpretation and Application of Article 2121 of the Criminal Code of the Russian Federation)

Asnis A.

摘要

The incentives for the preparation of this article were the numerous legal and technical shortcomings of Art. 2121 of the Criminal Code of the Russian Federation, which appeared in law enforcement practice; also a long-term public outcry generated by real and far-fetched problems in the application of this article. The first attempt to assess and partially eliminate these shortcomings was made by the Constitutional Court of the Russian Federation in the Decree of February 10, 2017 No. 2-P “In the case of checking the constitutionality of the provisions of Art. 2121 of the Criminal Code of the Russian Federation in connection with the complaint of citizen I.I. Dadin". Three years of experience in the application of this Resolution showed that with its help it was not possible to completely eliminate the imperfection of Art.2121 of the Criminal Code of the Russian Federation and the conflict of norms enshrined in this article, as well as in Article 20.2 of the Code of Administrative Offenses of the Russian Federation. Moreover, the Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P and the need for its correct application gave rise to a number of new problems. These problems prompted the Expert Council under the Commissioner for Human Rights in the Russian Federation to formulate and consider the most important issues of interpretation and application of Art. 2121 of the Criminal Code of the Russian Federation in connection with the adoption of this Decree. The article not only provides answers to these questions, but also reveals the contradiction of certain provisions of the Decree of the Constitutional Court of the Russian Federation of February 10, 2017 No. 2-P to the concept of «corpus delicti» that dominates the domestic theory of criminal law. The necessity of adopting a special resolution of the Plenum of the Supreme Court of the Russian Federation on the application of Art. 2121 of the Criminal Code of the Russian Federation and other articles of the Criminal Code of the Russian Federation, providing for liability for related crimes under Art. 149, 212, 213, 214, 318, 319 and 330 of the Criminal Code of the Russian Federation.
Gaps in Russian Legislation. 2021;14(5):253-261
pages 253-261 views

Current Trends in Improving the Legislation and Practice of Applying the Norms on Liability for Crimes Against the Interests of the Service in Commercial and Other Organizations Under Articles 201, 201.1, 202, 203 of the Criminal Code of the Russian Federation

Kameneva A.

摘要

The article deals with topical issues and features of the application of criminal liability for crimes provided for in Articles 201-203 of the Criminal Code of the Russian Federation in the light of recent trends that have led to changes in the judicial practice of applying criminal liability under these articles in connection with the adoption of a new Resolution of the Plenum of the Supreme Court of the Russian Federation No. 21 on June 29, 2021. The author defines the prerequisites that led to the need to systematize and change the law enforcement practice according to these articles in a new way in order to establish patterns. Within the framework of the work, attention is paid, among other things, to the controversial issues that arise in the doctrine when qualifying under Articles 201-203 of the Criminal Code of the Russian Federation in order to form a unified approach that corresponds to the changes that have occurred in judicial practice. As a result of the above research and to achieve this goal, the author formulates a number of conclusions and proposals aimed at improving the legislation and practice of applying the norms on responsibility for crimes against the interests of the service in commercial and other organizations (Articles 201-203 of the Criminal Code of the Russian Federation).
Gaps in Russian Legislation. 2021;14(5):262-267
pages 262-267 views

On the Question of the Social Functions of a Legal Prohibition

Idrisov N.

摘要

The purpose of the research. The author's vision of the functions of legal prohibitions as a means of social management is proposed in the article. The topic is especially relevant during the COVID-19 pandemic, since compliance with effective and understandable legal prohibitions contributes to the harmonization of public relations, the order of interaction between the state and society, between citizens. The functions of legal prohibitions in social management are rarely the objects of research, but the knowledge of the possibilities of legal prohibitions, the competent use of the arsenal of legal prohibitions are a guarantee of the security of society and its members, ensure law and order, form the legal culture and legal consciousness of citizens. Ensuring strict compliance with socially determined legal prohibitions is the most important stage in the formation of civil society. It should be particularly noted the importance of studying this topic in the modern period, when the role of legal prohibitions cannot be overestimated. This fact is confirmed, among other things, by numerous changes in the current legislation, a significant number of which legalize prohibitions as the most important tool of social management and legal regulation. Results. The author comes to a reasonable conclusion about the need for a balance of prohibitions and permits in society, the redundancy of prohibitions entails a restriction of the development of society and the individual.
Gaps in Russian Legislation. 2021;14(5):268-271
pages 268-271 views

Countering the Use of the Internet for Terrorist Purposes

Aripshev A.

摘要

Currently, all spheres of life of the state, society and man are directly related to the processes of digitalization and informatization. In the article, the author examines the main advantages of the Internet, which are used by terrorist and extremist organizations for their illegal purposes, focuses on the activities of state authorities in combating the financing of terrorism carried out through cyberspace, points out the need to create new and improve existing ways to identify, suppress and disclosure of crimes mediated by the peculiarities of the global virtual space. In conclusion, a list of certain difficulties associated with the identification of persons committing illegal acts of a terrorist nature is formed, and at the same time it is noted that countering the use of the Internet for terrorist and extremist purposes should be carried out through interdepartmental interaction of all interested parties.
Gaps in Russian Legislation. 2021;14(5):272-275
pages 272-275 views

Topical Issues of Involvement for Public Distribution of Factory False Information About Circumstances Threatening the Life and Security of Citizens

Gelyakhova L., Mashekuasheva M.

摘要

Information has become a part of the life of a modern person. This is demonstrated in the context of the crisis associated with the pandemic of the new coronavirus infection, when information resources almost completely set the vector of public behavior. The main problem in this case lies not in the risks of expanding the scale of informatization, but in the vulnerability of public perception due to illegal manipulations with deliberately false information by interested parties. The uniqueness of the circumstances in the context of a global pandemic raises a lot of questions in Russian society, but it is not always possible to find unambiguous and reliable answers to them, which ultimately leads to panic and unnecessary actions of suspicious representatives of the population (buying food and medicines, etc.). Russian administrative legislation establishes certain provisions stipulating responsibility for the dissemination of so-called "fake news", but in the current crisis conditions their application turned out to be ineffective. and the safety of citizens. The author comes to the conclusion that for the Russian reality, the regulation of criminal liability for the aforementioned criminal behavior is extremely necessary due to the risk of its large-scale spread in a pandemic, which will ultimately negatively affect the development of the Russian state and society. Attention is focused on the need to improve the existing criminal law in order to increase the efficiency of its application; the author's proposals are formulated.
Gaps in Russian Legislation. 2021;14(5):276-280
pages 276-280 views

Criminological Characteristics and Prevention of Crimes Related to the Creation of Destructive Organizations of an Antisocial Orientation

Shalagin A., Sidukova M.

摘要

The article offers a definition of destructive organizations of antisocial orientation, reflects their classification. Special attention is paid to the prevention and counteraction of such activities with the help of criminological, psychological and pedagogical measures. The transformation of destructive cults and sects in modern conditions is shown. The characteristic features of the leader, ideologist, participant of a non-profit organization that encroaches on the personality and rights of citizens are highlighted. Such persons most often commit crimes against the person, property, sexual inviolability (sexual freedom), public safety, public health, moral principles, State power and the order of administration. The purpose of the study was to reflect the social danger of creating (participating) in the activities of destructive associations of an antisocial orientation. The methods of psychological influence and manipulation of personality in the groups (organizations) under consideration are listed. A set of measures for the prevention and suppression of crimes provided for in Article 239 of the Criminal Code of the Russian Federation and other related criminal law norms is proposed.
Gaps in Russian Legislation. 2021;14(5):281-286
pages 281-286 views

Model and Structure of the Policy of Counteracting the Crime of Trafficking in Persons

Bekmagambetov A.

摘要

The purpose of the research. The article discusses the issues of further modeling of the criminal policy of combating crime in the field of human trafficking. In this regard, the issues of the constituent elements in the structure of the anti-criminal state mechanism are considered. Particular emphasis is placed on the relationship between criminal and criminological policy. The author, having analyzed the research in this area, distinguishes two groups of diametrically opposite points of view of scientists: one group of opinions is the idea that criminal policy is part of the criminological one, the other point of view is the opposite. The author of this work is of the opinion about the need for further integration and interaction between various fields of knowledge, including such areas as criminology of law and criminology of criminal law (law). Based on the fundamental concepts of a number of scientists, the author of the publication presents the structure of criminological legislation in the field of combating crime related to human trafficking, and also once again draws attention to the criminogenic gap expressed in the absence of a basic anti-trafficking law. Conclusions. In accordance with the author's approach, the international and national policy, consisting of criminal law, criminal procedural, criminal executive, operational-search and forensic subsystems, should be included in the number of subsystems of the policy of combating crime related to trafficking in persons. The need for a clear reflection in the official terminological turnover within the framework of the integral conceptual and categorical apparatus of the draft Concept or the national draft of the legal policy of the Republic of Kazakhstan is noted.
Gaps in Russian Legislation. 2021;14(5):287-292
pages 287-292 views

The Mens Rea of the Offence Under Article 110.1 of the Criminal Code of the Russian Federation: Issues of Theory and Practice

Serebrennikova M.

摘要

The article identifies gaps and topical problems of law enforcement of Art. 110.1 of the Criminal Code of the Russian Federation. The author concludes that the adoption of this norm was timely and made a significant contribution to law enforcement practice by eliminating an important gap associated with the absence of grounds for responsibility for inducement to suicide and facilitating suicide, as well as by regulating new types of socially dangerous behavior. As a result of the study, the author identified the remaining unresolved gaps in law enforcement and proposed ways to solve them. Purpose of the study: to conduct a criminal analysis of the norms of Art. 110.1 of the Criminal Code of the Russian Federation, in order to eliminate the existing gaps. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpreting legal norms, which make it possible to better comprehend the institutions of criminal law and determine the main directions of their development. Conclusions: based on the study of normative and doctrinal sources, the author comes to the conclusion that in relation to the definition of the subjective side of the crime under study, there is an ambiguous approach to the interpretation of the signs of corpus delicti, which give rise to the presence of problems of law enforcement. The author has systematized and presented a critical analysis.
Gaps in Russian Legislation. 2021;14(5):293-299
pages 293-299 views

Russian Science as a Component of the Methodology for the Formation of Value-Semantic Foundations for Ensuring National Security in Domestic Criminal Proceedings

Agutin A., Scherbakov V.

摘要

The article is devoted to the understanding of Russian science as a component of the methodology for the formation of value-semantic components of ensuring national security in domestic criminal proceedings. The article substantiates the idea that in Russian science, liberals are a kind of "foreign agents" ("ideological fifth column"), purposeful to destroy Russian shrines in the face of the spiritual pillars of the Orthodox faith, cultural and historical heritage and the system of traditional spiritual and moral values of the Russian people. It is established that in Russian science the spiritual pillars of the Orthodox faith, the cultural and historical heritage and the system of traditional spiritual and moral values of our people are so practical that their practical (vital) orientation goes beyond the boundaries of space and time, and is eternal.
Gaps in Russian Legislation. 2021;14(5):300-306
pages 300-306 views

About Some Rights Ensuring Problems and Legal Interests of the Person During Criminal Proceedings in the Conditions of Development of Digital Technologies

Berova J.

摘要

Digital technologies have long been used in various spheres of life of Russian society and the state. In recent years, the practice of using some of them has also affected criminal proceedings. The experience of digital transformations in criminal proceedings is currently very small compared to other types of legal proceedings, but their use has shown positive results. Criminal proceedings have significant specificity, and therefore require especially close attention to the issues of ensuring the rights of its participants. These rights are relevant both in the context of access to justice in general, and in the framework of various procedural actions carried out using the above technologies. The effectiveness of digitalization of criminal justice should not become a reason for the creation of threats of human rights violations. The purpose of writing a research paper is to analyze the existing problems of ensuring the rights and legitimate interests of an individual in the course of criminal proceedings in the context of the development of digital technologies in the Russian Federation. The author comes to the conclusion that there are a number of problems associated with the use of certain security digital technologies in the Russian criminal process. Attention is focused on the fact that the existing problems of ensuring the rights and legitimate interests of the individual in the course of criminal proceedings in the context of the development of digital technologies do not indicate the need to stop digital transformations, but, on the contrary, require constant research and detailed technical, informational, legal development of the most effective mechanisms for their further introduction into large-scale practice.
Gaps in Russian Legislation. 2021;14(5):307-311
pages 307-311 views

On the Issue of the Status of the Person Who Reported the Crime at the Stage of Initiation of a Criminal Case

Burtsev A.

摘要

The purpose of this article is to determine the procedural status of the person who reported the crime, the range of his rights and obligations, the range of powers of officials of the competent state bodies in relation to the specified person at the stage of initiating a criminal case. Develop a legal position on the settlement of legal relations arising between the person who reported the crime and officials of the competent state bodies at the stage of initiating a criminal case. Conclusions: at the end of the article, the author proposes a number of innovations in the current criminal procedure legislation to regulate the status of the applicant at the stage of initiating a criminal case. The person who submitted the application is given a procedural status, which is endowed with certain rights and obligations. A proposal is being made to empower officials of competent state bodies with respect to the person who filed a crime report.
Gaps in Russian Legislation. 2021;14(5):312-315
pages 312-315 views

New Approach to the Classification of Interim Judgments

Zakaryan S.

摘要

The article provides a classification of interim court decisions on the basis of the established concept of paragraph 53.3 of Art. 5 of the Criminal Procedure Code (hereinafter referred to as the CPC) of the Russian Federation (hereinafter referred to as the RF) on the basis of the relationship of such decisions with the final court decision and the fulfillment of the purpose of criminal proceedings. The interrelation of such decisions lies in the reflection of the conclusions of the interim decisions in the final decision and the ability to influence these conclusions on the adoption of a legal, reasonable and fair final court decision. This differentiation makes it possible to identify individual groups of decisions that have distinctive characteristics: the subject of the decision, the time of the decision, the grounds for the decision, legal regulation and other features. It is proposed to bring such solutions into separate independent groups of solutions.
Gaps in Russian Legislation. 2021;14(5):316-322
pages 316-322 views

Historical and Legal Analysis of the Development of the Institution of Inquiry in Russian Criminal Process

Lychev M.

摘要

The article examines the development of the institution of inquiry in the Russian criminal procedural law, as well as the relationship of inquiry with the historical forms (models) of the criminal process that influenced its development. The purpose of this article is to analyze the development of the institution of inquiry in Russia both through the prism of the development of criminal proceedings in general, and through the development of socio-economic relations in various historical stages of Russian history. So the analysis on the development of the preliminary investigation and the reasons for its differentiation into preliminary investigation and inquiry in various economic and social conditions has been conducted. The development of the institution of inquiry was to be considered not only as a stage of preliminary investigation, but also as operational-search activity or pre-investigation check. At the same time, the development of the institution of inquiry was considered within the framework of the following historical stages: up to 1860; from 1860 to 1917; from 1917 to the present. Also presented and investigated not only the peculiarities of the production of inquiry by the state authorities in different periods of the history of Russia, but also an assessment of their influence on the development of the institution of inquiry was made. The conclusion that was made based on the result of the work carried out is that studies of the stages of the development of the criminal process must be carried out not only with the use of a formal legal research method, but also with the use of dialectics, which can make it possible to identify the causes and prerequisites for the development of the criminal process as a whole and in particular, the institute of inquiry in different periods of the history of Russia. This conclusion follows from the fact that at different periods of time the state authorities had different functions and acted in different socio-economic conditions, and inquiry, as an institution of criminal procedural law, was not only differentiated, but also became a form of preliminary investigation.
Gaps in Russian Legislation. 2021;14(5):323-328
pages 323-328 views

Certain Factors and Conditions that Determine the Effectiveness of the Prosecutor's Office: Evaluation Criteria; Professional Offers

Shurukhnov N.

摘要

The article presents the peculiarities of the work of the prosecutor's office in 2020, provides separate data on official statistics, on the basis of the Federal Law "On the Prosecutor's Office of the Russian Federation" the directions of prosecutor's supervision are identified, a single legal status for various subjects of prosecutor's work, and some factors are identified that create uniform conditions for determining the effectiveness of the prosecutor's office. Considerable attention is paid to the consideration of studies by scientists and practitioners, which formulate reasoned proposals on how to determine the quality of the work of the prosecutor's office, with the identification of criteria that are a component of the "scale" that allows comparing, highlighting the most voluminous, complex and high-quality work of the prosecutor (body). An attempt has been made to analyse proposals on indicators for assessing the activities of prosecutors, the author has developed proposals that allow a new assessment of certain areas of activity of prosecutor's offices.
Gaps in Russian Legislation. 2021;14(5):329-333
pages 329-333 views

The Activities of the Internal Affairs Bodies in Emergency Situations: Moral and Psychological Environment

Kireev M., Fedorov R.

摘要

The purpose of the research. The article discusses emergencies that, in combination of objective and subjective factors, create a causal series of negative events. They are associated with natural disasters of a natural, man-made, biological and social nature. The article examines the essence of emergencies characterized by the death of people or posing a threat to their life and health, material damage to legal entities, citizens and the natural environment in a certain area. In the context of the current legislation, relying on a fairly representative body of scientific literature, the authors explore the conceptual field of the concept of an "emergency". Sharing the points of view of some legal scholars and critical of others, the authors attempt their own interpretation of the concept of an emergency. This is necessary in order to show that emergencies negatively affect the activities of all employees involved in their elimination, elimination of their consequences. Results. As a result of the study, the authors come to the conclusion that any emergency situation is a real threat to the interests of the individual, society and the state; these are numerous sacrifices, material losses both for people and for the surrounding world. In addition, the article notes the impact of emergencies of negative psychological factors that have a significant impact on the moral and psychological state of employees of the internal affairs bodies of the Russian Federation.
Gaps in Russian Legislation. 2021;14(5):334-337
pages 334-337 views

Legal Regulation of Prosecutor's Supervision over the Law Implementation on the Rights of Orphans’ and Children Left Without Parental Care Protection in Russia and Kazakhstan (Comparative Legal Analysis)

Sybankulov E.

摘要

The article provides a comparative legal analysis of laws and by-laws regulating the prosecutor's supervision implementation over the implementation of laws on the protection and implementation of the rights and legitimate orphans and children left without parental interest’s care in Russia and Kazakhstan, the prosecutor's office powers to carry out this supervision. The legislative consolidation features of the prosecutor's employee’s powers in the field under consideration and the regulatory factors affecting the prosecutor's supervision implementation are revealed. The problems in legal regulation are formulated, their solution ways are proposed and the main directions of improving prosecutor's supervision in the studied area are revealed.
Gaps in Russian Legislation. 2021;14(5):338-345
pages 338-345 views

Objects of Especial Importance: Terminological Context

Lysenko K.

摘要

The goal of the research is an attempt to terminologically attribute the legal concept of an Object of Especial Importance. By using the legal approach and considering current legislation, the semantic meaning of an Object of Especial Importance is analyzed in the article. Besides, the author considers the scientific positions of a range of scientists (S.S. Alekseev, A.B. Vengerov, S.F. Kechekian, A.V. Melekhin, R.O. Khalfina, etc.) regarding the legal concept of an Object. During the preparation of the article the author used formal logical, dialectic and system methods of enquiry. During the research the author considered and used the opinions of the Heads of Territorial Departments of Federal National Guard Troops Service (Rosgvardiya). Having studied the terminological aspects regulated by current legislation and scientific points of view of scientists with some clarifications and additions, the author attempted to provide the original take on the Object of Special Importance definition.
Gaps in Russian Legislation. 2021;14(5):346-350
pages 346-350 views

Forensic Methodology for the Study of Evidence and its Importance for the Subjects of Criminal Prosecution

Isaenko V.

摘要

The article analyzes the issues related to the need to pay serious attention to the study and analysis of judicial methods of researching evidence when considering criminal cases. In the forensic science of practice, the opinion has been established that the methodology is a systematic grounded and positively approved practice legal means that optimize the process of detecting and investigating crimes. At the same time, the actual existence of a methodology for the forensic investigation of evidence is obvious as a system of procedural and other actions performed during the trial, not only by the parties, but also by the court, grouped into certain complexes according to the individual investigated circumstances of the case in order to verify the validity of the conclusions of the preliminary investigation body about their evidence. This reveals the similarity of the considered methods, based on coinciding principles, and, first of all, on the principle, of conditionality by subject of proof. Hoverer. Other principles are characterized by different content, which is due to a number of factors - the use one or the other methodology at different stages of criminal proceedings, different legal conditions and subjects of use, and others. An analysis of the content and specifics of the judicial methodology for researching evidence gives grounds for concluding that it is advisable to conduct a deeper study in order to solve the problems of improving the quality of preliminary investigation, prosecutorial supervision in pre-trial proceedings and maintaining public prosecution in order to eliminate shortcomings it the activities of criminal prosecution bodies.
Gaps in Russian Legislation. 2021;14(5):351-356
pages 351-356 views

On Some Criminalistic Aspects of the Preventive Activities of the Investigator in the Conditions of the Digitalization of Society

Shkhagapsoev Z., Kanunnikova N.

摘要

Preventive activity is one of the leading areas of the functioning of modern law enforcement agencies. Its effectiveness is largely determined not only by the choice of the most effective means and methods, but also by an integrated approach to the organization and conduct of relevant activities. The complexity of preventive activities is also characterized by the implementation of the above measures at all stages of criminal proceedings and by various subjects. In the special literature at the present time, questions related to preventive activities are often raised, however, most of them are aimed at determining the most effective means and methods of this activity, taking into account the existing realities. Modern criminal activity is seriously transforming, including in the context of widespread informatization and digitalization, which seems to be necessary to take into account when improving the preventive activities of Russian law enforcement agencies. Investigative practice demonstrates the involvement of individual employees in the process of organizing and carrying out preventive measures at the stage of preliminary investigation, in connection with which it is relevant to study the features of the above functionality of investigators in modern conditions. The purpose of writing a research paper is to analyze the forensic aspects of the preventive activities of an investigator in the context of the digitalization of Russian society. The author comes to the conclusion that the correct definition of the object of forensic preventive action on the basis of a detailed study of the personality and other specific features of various types of crimes is of decisive importance for the effectiveness of the investigator's preventive activities. among minors.
Gaps in Russian Legislation. 2021;14(5):357-361
pages 357-361 views

Differentiated Approach to the Content and Volume of Forensic Medical Knowledge in Competences of Different Subjects of Legal Proceeding

Panchenko I., Perepechina I.

摘要

Aim of the article: to conduct a legal analysis of a differentiated approach to the content and volume of special forensic medical knowledge in the competence of various subjects of legal proceedings for their effective implementation of the norms of criminal procedure and other legislation, as well as of the educational context, within which preparation for professional activities requiring a certain the scope of the relevant competencies is conducted. Conclusions. The article deals with the requirements for the competence in the field of forensic medicine of various subjects of legal proceedings. Expert consciousness (as an integral system of expert thinking, expert knowledge, expert intuition, etc.) is attributed to the special competence of medical persons professionally knowledgeable in the field of forensic medicine. The lawyers participating in the proceedings are assigned an integrating and coordinating role, which requires general competence in forensic medicine, in particular, awareness of the modern possibilities of forensic medical examination and other forms of procedural and non-procedural application of forensic medical knowledge. The specified differentiated approach to the scope of competences of various subjects of the legal process does not imply any consolidation, interchangeability, but directly stipulates the need for goal-setting cooperation within the framework of a strict separation of the procedural roles assigned to these subjects, the integrity of the system of expert consciousness with the separation from it of the minimum necessary elements of forensic medicine knowledge sufficient to implement the procedural role of the investigator and other procedural ones. The consequences of the gaps are predictably negative in the education of lawyers, in particular, investigators, prosecutors, advocates and judges, caused by the absence of the discipline “Forensic medicine” in the basic (compulsory) part of the federal state standard of higher professional education in the field of “Jurisprudence”. The formation of an effective model of cooperation seems to be of current interest between subjects of legal proceedings with considering the establishment of differentiated requirements for the volume and content of forensic medical competencies. The complex structure of forensic competences, qualification requirements for forensic medical experts, the peculiarities of the education of medical specialists - should be taken into account by the subjects of the investigation, the court when involving forensic experts and other doctors to participate in the proceedings. It is necessary to change the wording of Art. 178 of the Criminal Procedure Code of the Russian Federation: «with the participation of a forensic medical expert, and if one’s participation is impossible, - for a doctor» to the wording: «with the participation of a forensic medical expert, and if his participation is impossible, - for another doctor».
Gaps in Russian Legislation. 2021;14(5):362-369
pages 362-369 views

Some Questions of Tactico-Criminalistic Support of Anti-Corruption Compliance

Sharshova M.

摘要

Research Objective. The article reveals the concept and content of "tactico-criminalistic support of anticorruption compliance", reveals and solves theoretical and applied problems of criminalistics support of anticorruption compliance. The scope and scale of corruption-related crime in modern Russia, including offences (crimes) of this kind in the sphere of entrepreneurship, continue to pose a threat to public and state security of the country. As a consequence, the task of minimizing legal and reputational risks, risks of regulatory sanctions due to violations of anti-corruption norms and global business standards that can lead to financial losses and the liquidation of the company as a whole comes to the fore. To solve this problem, it is proposed to investigate the use of tactical and forensic support of anti-corruption compliance to prevent corruption offences (crimes) in business structures. Conclusions. As a result of the conducted research the author comes to conclusion about efficiency of using such tactical and criminalistics techniques, methods and means as reflexive control, cognitive interview.
Gaps in Russian Legislation. 2021;14(5):370-374
pages 370-374 views

Conflict of Jurisdictions Between the WTO Dispute Settlement Body and Regional Systems

Pokrovskaia N.

摘要

The purpose of this research paper is to study the problem of conflict of jurisdictions between the WTO Dispute Settlement Body and regional integration systems. Based on the study of the existing international legal framework on the issue of determining jurisdiction over trade disputes, the author analyzes the position of the WTO regarding their jurisdiction in the presence of a conflict of jurisdictions. The main legal prerequisites for their resolution in alternative quasi-judicial bodies created within the framework of trading systems in the CIS region are highlighted. The classification of the main models of the intersection of jurisdictions is carried out. Results. As a result of studying the practice of resolving disputes within the framework of the global trading system, the author comes to the conclusion that there is no universal approach to the definition of jurisdiction in it. In this regard, the author proposes the use of the universal legal principle lis alibi pendens, according to which the simultaneous consideration of the dispute in several instances is excluded, except for cases when the initial court refused to accept it. In addition, conclusions are formulated on the advisability of a constructive dialogue between the WTO member states on the issue of the distribution of jurisdiction between the RTS and the WTO and on the operation of the dispute settlement mechanism between the RTS and the WTO.
Gaps in Russian Legislation. 2021;14(5):375-379
pages 375-379 views

International Cooperation in the Field of Combating Piracy and Problems Related to Bringing to Justice for Piracy

Lukiyantsev A.

摘要

The purpose of the research. The article considers the issues of developing comprehensive approach to countering piracy, eliminating its underlying causes and bringing to responsibility for this crime. Various counteraction mechanisms both at the international and national levels (e.g.: in the Russian Federation, in Greece, in Japan) as well as their effectiveness are analyzed. The purpose of the research is to identify the most effective ways of cooperation in the fight against this global problem, as well as issues encountered by states when applying existing legal acts in practice. All these measures permit to make the fight against piracy as effective as possible. Results. As a result of the research, the author comes to the conclusion that the problem of piracy is still actual. In this regard, there are international, regional and subregional (those that take into account particularities of a region) treaties and mechanisms. The effectiveness and viability of existing ways to combat piracy largely depend on whether this issue is considered in conjunction with other problems of the region (e.g.: poverty), and also depend on the necessary measures which are taken to resolve these difficulties. The author also points out the necessity in creating courts and tribunals at regional level and calls for making efforts in order to unify and develop national legislation. Modification of the legislation is especially relevant when it concerns the issue on bringing pirates to responsibility (e.g. amend matters of procedure).
Gaps in Russian Legislation. 2021;14(5):380-387
pages 380-387 views

Review of the Monograph «Begishev I.R. Criminal Law Regulation of Robotics. M.: Prospect, 2022»

Lopatina T.

摘要

The purpose of the research. The article is a review of the monograph by I.R. Begishev «Criminal law regulation of robotics», which examines the criminal law and criminological aspects of the use of robots for criminal purposes. Results. The monograph reflects the results of a comprehensive theoretical and applied analysis of the main modern doctrines on the regulation of robotics; the author's model of criminal law regulation of robotics is formulated and measures aimed at minimizing criminological risks associated with the creation and use of robots are proposed.
Gaps in Russian Legislation. 2021;14(5):388-391
pages 388-391 views
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