Том 15, № 2 (2022)

The article is devoted to the analysis of such important moral concepts as patriotism, heroism, civic consciousness, professional duty, which are of particular importance in the face of a threat to peaceful life and interests of the country. As an example of such a courageous and selfless service to the Motherland, the author considers the heroic deed of the paratrooper Nurmagomed Gadzhimagomedov. The role of the above qualities in the professional activity of a military man is considered. The patriotism of a military man consists in his fidelity to duty, selfless service to the Motherland. The duty of a serviceman is associated with public interests and moral values. And only strict adherence to one's duty helps to maintain dignity. The author notes that only sincere love for the Motherland and the desire to protect it could inspire a person to such heroism as Nurmagomed Gadzhimagomedov committed. An important role is played by the nature of the upbringing received in the family and school. Evidence of the formation of the highest degree of awareness of responsibility for the Motherland defense in peacetime is often manifested in the examples of courageous, heroic deeds in the war time conditions. Difficult circumstances of life put a person before the need to make a difficult moral choice. The ability to remain to the end true to one's principles and professional duty (especially in a situation when a person is young and just starting to live) pleasantly surprises and delights at the same time.

The purpose of the work is to study the theoretical problem concerning the completeness of the classification of emergency situations in relation to maritime spaces in the Arctic zone, and to develop on this basis scientific proposals for improving Russian legislation. The relevance of the chosen topic is predetermined by the increasing importance of the Northern Sea Route as a global transport communication in the face of the possibility of occurrence in the Arctic as a result of climate change and anthropogenic impact of events that entail catastrophic environmental consequences, the formation of global risks for the economy, population, environment and state security. The relevance of the proposed materials is due to the implementation of large-scale economic and environmental projects by Russia, the provision of defense and security, the sea transportation of hydrocarbons, and potential terrorist threats. The classification of situations serves as the basis for management decisions on rescuing people at sea, protecting the environment and eliminating oil spills in difficult environmental conditions. Classification as a method of scientific knowledge correlates with the goals of its application, which determines its scientific and practical significance in this work. As a result of the analysis of regulatory legal acts and scientific publications, the author identified a gap in the classification of emergencies at sea and substantiated the conclusion that it is necessary to develop a proposal to fill it by improving legislation.

The relevance of the comparative legal study of the constitutional legal regulation of the principles of competitiveness and equality of parties in constitutional proceedings is mediated by the lack of scientific research in this area. In this regard, the aim of the article is to analyze the texts of the constitutions of the CIS member states for the presence of legal norms that formalize the Constitutional Court, constitutional legal proceedings and, accordingly, the principles of competition and equality of the parties. The author presents doctrinal arguments in favor of the substantive content of the independent principles of competitiveness and equality of the parties in constitutional proceedings. In conclusion, a conditional grouping of the texts of the constitutions of the CIS member states is carried out, taking into account the existence of norms legalizing the Constitutional Court, the constitutional type of legal proceedings, as well as the principles of competition and equality of the parties. The following groups of norms are distinguished: complete group (Azerbaijan, Kyrgyzstan and Russia), institutional group (Moldova, Uzbekistan) and fragmentary procedural group (Armenia, Belarus, Tajikistan).

The article provides an analysis of the mechanism for the implementation of compulsory state insurance of life and health of civil servants. Based on the results of the study, the author identifies the stages of implementation of this type of insurance

The purpose of the study. The article is devoted to the problem of determining the dynamics subsystem in the structure of the legal regime of professional activity of athletes. The legal regime of an athlete's professional activity contains two components: a) basic, reflecting the initial (static) position of an athlete (a group of his basic rights and obligations, independent of certain features and type of competition), b) the rights and obligations of athletes, reflecting the specifics of the order of participation in specific sporting events. It seems that what is common to all definitions of a legal procedure is its essence - performing actions in a certain order, sequentially, observing a certain algorithm, the implementation of which should lead to the desired result (outcome). The scientific value of modeling the dynamics segment in the legal regime of professional activity of athletes through the institute of legal procedures is manifested in the fact that it helps to identify the essence of professional sports activity, which reflects a constantly changing, increasingly complex and adaptable to the tasks, values and needs of society, a dynamically developing sphere of relations. Conclusions. In a broad sense, the legal procedures of the dynamics subsystem in the structure of the legal regime of an athlete's professional activity can be defined as a system of consistent actions and relationships in the field of professional sports aimed at the emergence, change, implementation or termination of the legal status of a professional athlete. These legal procedures, in turn, include various legal facts and circumstances that contribute to the transformation of the legal status of professional athletes.

The article examines the issues of combining private and public-personal interests in civil law regulation. Where interest as an objective category expresses what objectively contributes to the consolidation and positive change in the social position of the subject of social relations. Consequently, objective interest always meets certain needs. But if the need expresses the objective necessity of certain actions aimed at ensuring the existence of the subject, then the objective interest fixes those measures, the implementation of which leads to the satisfaction of needs and thereby to the implementation of this need. The aim of the presented study is to consider the issues arising in this area concerning the legal regulation of participants in public relations, through which stimulation or coercion is carried out. At the same time, legal regulation is not able to change the needs of the subjects of social relations in a radical way. However, these needs directly depend on the conditions of activity of these entities, which are determined by means of legal regulation. Thus, the law affects the formation of needs and corresponding interests not by direct prescriptions about their occurrence, but indirectly - through the impact on the material conditions of existence and activity.Based on the research, the author comes to the conclusion that when issuing a rule of law, the legislator always has in mind the protection of certain interests. Accordingly, the interest reflected in the law acquires the character of an object of legal protection. The consolidation of interests in law that do not correspond to the objective interests of society entails a violation of the balance of interests.

The purpose of the research. The article discusses a gap in the civil procedural legislation regarding the list of categories of cases considered in special proceedings, and also proposes to amend the current legislation. The purpose of this article is to study the procedural rules for the protection of honor, dignity and business reputation in cases where a person, widely disseminated information cannot be identified. Results. It is proposed to amend the current legislation and supplement the list of Art. 262 Code of Civil Procedure of the Russian Federation a new category of cases considered in a special proceeding on the recognition of information discrediting and untrue if it is impossible to identify the person who disseminated the information.

The publication examines the elements of restricting competition and the corresponding legal grounds for their identification. Under the legal grounds, it is proposed to understand the legal facts enshrined in the law, on the basis of which the restriction of competition through the system of its elements is determined. It is stated that such legal facts are actions containing signs of restriction of competition. For the purpose of improving legislation and law enforcement practice, it is recommended to take into account and steadily improve the system of signs of restricting competition, which form the elemental composition of violations of antimonopoly legislation, as well as public activity to identify the relevant elements in the system of legal facts.

The purpose of the study. The article is devoted to the problems of ensuring information security by criminal law means. Various aspects of the concept of "information", "knowingly false information", "publicly significant information" and criminal law prohibitions on its dissemination are considered. The public danger of the spread of "fakes" in the conditions of the information war against Russia waged by foreign countries is stated. The innovations of the Criminal Code of the Russian Federation of 2020 and 2022 concerning the newly introduced articles 2071, 2072, 2073 of the Criminal Code of the Russian Federation are analyzed. The confusion of concepts used by legislators in the norms under consideration, including the classification signs of deliberately false information, and the interpretation of the social significance of information are criticized. A comparison with the administrative prohibitions formulated in the article of the Code of Administrative Offenses of the Russian Federation “Abuse of the freedom of the mass media” is made. Signs of delimitation of criminal and administrative responsibility for the dissemination of "fake" news are revealed. By applying the methods of system analysis, comparative jurisprudence, formal legal analysis of the texts of legislative acts, grammatical and logical interpretation, the presence of redundant norms and gaps in modern criminal legislation associated with the onset of a new social reality - the information war are stated. Conclusion: By applying the methods of system analysis, comparative jurisprudence, formal legal analysis of the text, grammatical and logical interpretation, the presence of gaps in modern criminal legislation associated with the onset of a new social reality are stated. Recommendations on the formulation of a universal criminal law prohibition of the dissemination of knowingly false socially significant information are given.

The circulation of medicines and medical products is under strict state control, since their use has a significant impact on the life and health of the population. In this context, the quality of manufactured drugs and products, as well as the legality of their distribution on the territory of the Russian state, is of fundamental importance. Despite the fact that a very large-scale control and supervision activity is carried out in this area, the problem of the spread of counterfeit drugs and dietary supplements is currently relevant, which poses a serious threat to the population. In the context of a pandemic of a new coronavirus infection, the need for high-quality medicines is increasing, and therefore the illegal circulation of counterfeit medicines is unacceptable. The purpose of the presented study is to analyze the features of the use of special knowledge in the investigation of a crime related to the illegal circulation of counterfeit medicines and dietary supplements, as well as medical products. All of the above subjects are essential to ensure the well-being of the population, and therefore requires constant evaluation of the effectiveness of the practical aspects of the investigation of these criminal acts. Based on the analysis, the author comes to the conclusion that the use of special knowledge in the process of investigating crimes of the above-mentioned direction has a significant impact, since only through their application can one obtain reliable information that has important evidentiary value. The main forms of using special knowledge are conducting a forensic examination and attracting specialists. In this context, various types of forensic examination are distinguished as the most effective form, which are determined depending on the circumstances of a particular criminal act.

The article examines the issues of special measures to prevent professional crime, where, unlike general and organizational measures, special prevention measures directly and directly affect crime. A special warning has a character aimed at preventing crimes, at identifying, eliminating, neutralizing the causes, conditions of crime, correcting towards the generally accepted norms of behavior of persons with an antisocial attitude. But the main form of preventive activity in the professional crime prevention system is prevention, which has a complex character. This involves the use of not only legal, but also economic, organizational, managerial, cultural, educational and other means and methods in order to prevent illegal behavior. It is clear that criminological prevention requires special care, close attention to all sorts of unexpected events, non-standard situations, even the most insignificant deviations in the functioning of various parts of a complex social mechanism and a timely, exhaustive response to them. The purpose of the presented study is to consider the issues that arise in this area regarding individual prevention in relation to professional criminals, i. e. correction and re-education of these persons or a change in the criminogenic tendencies in the development of their personality. This implies the need to solve the problem of establishing the patterns of deviant behavior, the mechanism of its formation and change. To do this, it is necessary to strengthen control over persons previously convicted, whose behavior and views indicate the possibility of committing new crimes. Based on the study, the author comes to the conclusion that the special prevention of professional crime includes the prevention, prevention and suppression of these crimes, carried out by bodies, organizations and institutions that have the rights and obligations to do so.

The article considers the legally prescribed measures of prevention and prevention aimed at protecting the normal development of children and adolescents, as well as the functioning of the family. The content of the article provides an explanation of the current problems in the area under consideration. In addition, the article reveals the dynamics of the growth of crimes related to interference with the normal development of minors, are cited as the opinions of various scientists, and also reveals the legislative position. The author analyzed the current state of the existing system of crime prevention in the area under consideration. Surveys and studies on this topic are used as the basis for the study. Interest in the topic under consideration is caused by the growing relevance of this issue. The conducted sociological studies only increase the relevance, since more than half of those participating in the surveys expressed an opinion about the low level of criminal law protection of the rights and interests of children and adolescents. In domestic legislative practice, there are heated discussions in various circles about juvenile justice. Lack of legislative intervention and opposition in the country, there were many radical and aggressive calls against the introduction of juvenile justice. According to the results of the survey, it follows that the majority of inexperienced lawyers are convinced that the current legislative norms in this area are sufficient and exhaustive. To eliminate modern problems on the issue under consideration, it is mandatory to use an integrated approach, since this affects many areas of life. As part of an all-Russian survey in 2013, 57% of respondents were in favor of creating special courts to deal with cases with juvenile offenders. The data obtained are interconnected with the results of the sociological study indicated in the article.

The purpose of the study. The article deals with the problems of ensuring the rights of a lawyer called for questioning as a witness in a criminal case. The various situations in which the specified investigative actions against the lawyer can be carried out are analyzed. The features of the operation of procedural guarantees established for conducting investigative actions against a lawyer are considered. It is concluded that the guarantees of advocacy established by the Code of Criminal Procedure of the Russian Federation, on the one hand, should be quite effective. On the other hand, they cannot be of an absolute nature and are limited only to the limits of professional legal assistance, but are not related to l criminally unlawful nature of violations by lawyers, their clients or third parties.

The purpose of the research is to clarify the key concepts used in the context of ensuring social human rights in conjunction with the provisions of the constitutions of the relevant countries on the “welfare state”, to insist on using a more appropriate concept of “socially oriented state”, and to draw attention to the underestimation of key provisions by domestic law specialists of the international protection of human rights system on the nature of the obligations of the States parties to the International Covenant on Economic, Social and Cultural Rights (171 States) to ensure specific social human rights at the national level. Results. The analysis of domestic scientists’ studies on the issue of the welfare State published over the past twenty years shows the implementation in domestic legal science of the opinion about the progressive model of the welfare State of Western countries, primarily Germany, and less and less mention of a more progressive model in terms of coverage and content of the social rights of the Soviet State in accordance with the 1936 Constitution of the USSR. It is argued that any study, including legal, on identifying a progressive model of the welfare State and guaranteeing social human rights should be politically neutral so that its results are objective and, therefore, universally applicable.