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Vol 15, No 4 (2022)

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Articles

On the Limits of the Use of Psycho-Physiological Research in the Investigation of Crimes

Shkhagapsoev Z.L.

Abstract

Law enforcement agencies must constantly seek methods for detecting and investigating crimes. Of great importance is the possibility of conducting psychophysiological studies, in which, with the help of technical means, the reaction of the persons under study to information related to a specific criminal act is determined. The effectiveness of the use of these studies in investigative practice is significantly influenced by the level of professional competence of polygraph examiners, who study and evaluate in detail the reactions recorded by special devices, and formulate appropriate conclusions. Currently, in the Russian criminal procedure practice, a number of methods for conducting psychophysiological research using various technical means (polygraph, eye tracker, etc.) have been formulated. The purpose of the presented scientific work is to determine the limits of the use of psychophysiological research in the investigation of crimes. The author comes to the conclusion that the main limit of the use of psychophysiological studies is the impossibility of using their results as the only evidence in the case, since the state of the body of the person being studied and the professional competence of the polygraph examiner have a significant impact on the final data obtained. Attention is focused on the presence of problems that do not allow the full use of the potential of psychophysiological research in the investigation of crimes: the presence of gaps in legislative regulation; lack of a unified methodology for conducting psychophysiological studies; the presence of health restrictions for conducting a psychophysiological study, which are not always taken into account in practice; the vulnerability of the rights of the persons under study; the lack of a clear definition of the limits of the use of psychophysiological research in the Russian criminal process. The need for their prompt resolution is noted.
Gaps in Russian Legislation. 2022;15(4):19-23
pages 19-23 views

On the Issue of Ensuring the Safety, Protection of the Rights and Freedoms of Victims in the Framework of Criminal Proceedings

Kankulov A.K.

Abstract

In this article, the author explores one of the most topical issues of the criminal process - ensuring the safety and protection of the rights and freedoms of victims, as the basis of criminal proceedings. In the course of analyzing the data of statistical and sociological studies, it becomes obvious that there are gaps in the legislation regarding measures to protect victims. The features of the practical application of the institute for the protection of victims are reflected in the article and make it possible to draw clear conclusions about the system of legislative norms governing the safety of the victim. The Constitution of the Russian Federation enshrines the rights and freedoms of citizens, which can be violated only in accordance with the established legal procedure, everyone has the right to freedom of movement, but when committing an illegal act, measures of restriction of freedom or other preventive measures are applied to a citizen. Also, ensuring their rights and freedoms is the basis of the state policy of the rule of law. The Russian system of criminal justice is quite modified and has leverage on the aggressor in an acute conflict situation, but despite this, the victim still does not feel completely safe. Based on the above legal conflicts, we consider it necessary to amend the Code of Criminal Procedure of the Russian Federation, namely, to ensure the security of the identity of the victim, not to disclose true data about him without his consent. It is noted that it is necessary to reform not only the institution of protection and safety of the victim, but also related norms. So there is the possibility of replacing documents, changing jobs, places of residence, but this is not regulated by the norms of housing, labor and other legislative acts. That is, there is a possibility, but in practice its implementation takes a lot of time and brings a lot of inconvenience in everyday life. The study concludes that in situations of vulnerability of citizens, when it is necessary to apply a system of measures to ensure protection and security, public authorities should respond and provide the necessary assistance in a more coordinated and efficient manner.
Gaps in Russian Legislation. 2022;15(4):24-27
pages 24-27 views

On the Issue of Legal Regulation and the Powers of Law Enforcement Agencies During the Identification Procedure

Fedina L.M.

Abstract

An attempt to analyze and legally evaluate one of the measures of state coercion used by law enforcement agencies was made in this article. Verification of identity documents and subsequent identification is necessary not only to prevent a person from committing unlawful acts, the manifestation of an imperious volitional influence of law enforcement agencies that supports the authority of state structures, but is also justified from a procedural point of view, for the technical procedure for preparing documents, in connection with the committed offense. The purpose of the study is not only legal analysis, but also the identification of gaps in lawful regulation, as well as consideration of possible ways to resolve them. In addition, it seems impossible to study one of the measures of administrative support, in the absence of a legal assessment of the sources of lawful regulation in this area. Conclusions. The author highlights several features and characterizing elements of administrative legislation. At the same time, special attention is paid to the measures of state coercion from the point of view of the mechanisms of influence on the consciousness and will of people. Also, the problem of the lack of a legal mechanism for influencing the subject of unlawful behavior in case of failure to provide or providing deliberately false information about one's personality has been identified.
Gaps in Russian Legislation. 2022;15(4):28-33
pages 28-33 views

The Prohibition of Certain Actions in Criminal Proceedings

Surtsev A.V., Shalov E.S.

Abstract

The purpose of this article is to consider the prohibition of certain actions in criminal proceedings and to assess the feasibility of its application in modern conditions. This measure of restraint is relatively new, but a fairly large number of legal scholars have been studying its effectiveness. Among them, such famous figures as A.R. Belkin, A.A. Ratanov, N.N. Apostolova and others. In their works, these authors pointed out a rather serious similarity with such a measure of restraint as house arrest, and expressed some misunderstanding about the expediency of separating this prohibition into a separate type. The objectives of the study are to determine the list of prohibitions proposed by this preventive measure, and technical and technical control over their compliance, identifying problems and ways to solve them. Conclusions: Conclusions: Despite the fact that in some cases the introduction of a new measure of restraint in the form of a ban on certain actions has found its positive application, however, a fairly large number of researchers note the formality of the new measure, as well as the difficulty of distinguishing one type of restraint from another. An unambiguous problem is the conditional controllability of compliance with such prohibitions, since, for example, the ban on sending and receiving mail messages cannot be tracked, since you can simply ask someone to send a letter, and even the seizure of postal and telegraph correspondence cannot always solve this problem, since even registered letters are sent in offices without presenting a passport, to in addition, there is also no technical possibility to track those who do not have the right to do so. The ban on using mobile communications, with the exception of contacting emergency services, is also not completely fair, since it excludes the possibility of the accused to contact his lawyer, which is a violation of the constitutional right of any citizen to qualified legal assistance. The ban on using the Internet is also, in the author's opinion, insufficiently regulated, since the accused (suspect) can live with family members who have not been subjected to such a ban, and carry out these manipulations for him. Thus, we believe that it is necessary to clearly regulate the places prohibited for visiting by the person to whom the prohibition of certain actions has been applied, to provide a legitimate opportunity to communicate with the defender via cellular communication.
Gaps in Russian Legislation. 2022;15(4):34-38
pages 34-38 views

On Topical Issues Arising in the Investigation of Remote Fraud and Theft from Bank Cards

Bzhahov G.M.

Abstract

The purpose of this article is to study topical issues and problems that logically arise in the investigation of remote fraud and theft from bank cards. The problem with such scams is that people usually understand that they are being called by scammers, but at some point they lose their vigilance and "swallow" the bait, providing access to their personal data. Unfortunately, it is almost impossible to get your money back, because, having gained access to the money, fraudsters empty the bank account, and appealing to banks and the police is practically useless. The objectives of the study are to determine the main methods of the type of fraud under consideration, to consider the main legislative problems associated with their investigation, and to find solutions. Thus, we have identified fraud committed through: 1. Cellular and Internet 2. Cellular communication and contact with the victim 3. Internet networks Conclusions: As practice has shown, the use of remote forms of service has incredibly simplified the life of ordinary people, but unfortunately, it has opened up almost unlimited opportunities for scammers who, using various methods, deceive ordinary citizens. Thus, calls can come with messages about suspicious activity on the victim’s account, about transferring a large amount of money, confirming a payment, reissuing a card, clarifying the details of transactions, and so on. Also, in the context of the coronavirus pandemic, an automated call has become popular with the requirement to confirm vaccination or its absence by pressing a certain number. During the period of self-isolation in the country, the number of telephone and Internet fraud cases increased by 76% in the six months of 2020 compared to the first half of 2019. Fraud with bank cards in 2019 amounted to 3697 crimes, and in 2020 - already 8053. Sophisticated ways, as it would seem, have long been known to everyone, but despite the fact that they are regularly told and reminded (in the media, in public transport), the number of these crimes is only increasing. In 2019, 294,409 crimes related to theft using information technology were registered, in 2020 - 510,396, in 2021 -517 722. Crimes committed via the Internet are characterized by high latency and low clearance rate (on average, about 20% of the total number of registered) [4].
Gaps in Russian Legislation. 2022;15(4):39-43
pages 39-43 views

Testimony as a Source of Evidence in Criminal Proceedings

Kuliev I.B.

Abstract

The purpose of this article is to consider the testimony of various persons and use them as evidence for the investigation of criminal offenses. Despite the fact that there are many types of indications, and there is no consensus among the authors regarding their classification, the author in this paper will adhere to the legislative division of indications into types. The topic raised by the author has been repeatedly raised in the circles of the scientific community. The author addressed this topic, for example, S.S. Alekseev, E.A. Zaitseva, B.V. Rosinsky, A.V. Pobedkin and others. The significance of their work is indisputable, but it does not indicate that this topic has been fully developed, many problems are touched upon in fragments and continue to be debatable and require scientific understanding. The objectives of the study are to identify persons whose testimony can be used as evidence, as well as to analyze the points of view of domestic processualists regarding the permissibility of using the testimony of anonymous witnesses, employees using pseudonyms, as well as specialists giving a conclusion [Novikov. 2010]. Conclusions: According to Part 2 of Article 78 of the Criminal Procedure Code of the Russian Federation (hereinafter the Code of Criminal Procedure of the Russian Federation) [5], the victim has the right and is obliged to testify in a criminal case. Such testimony includes all the circumstances of the crime committed, as well as the characteristics of the suspect's personality, and the specifics of the relationship with him of the victim himself, as well as other persons involved in the case. The problem with this type of testimony is that at a time of severe stress, the victim may exaggerate the "scale" of the event, apply a value judgment that cannot be attached to the case, since only actual events are important. The obligation to give evidence is also for witnesses. However, such information must have an evidentiary basis, that is, the source of the information provided must necessarily be announced to the investigation. Often the problem of witness testimony is their distortion, under the influence of discussions, and the exchange of impressions. The problematic area is the use of the testimony of anonymous witnesses, since in this case the rights of the accused are infringed, and the defense cannot fully analyze the data and the role of the person giving them in this case. The same problem applies to the testimony of law enforcement officers who may use pseudonyms. The testimony of suspects or accused is traditionally divided into a confession or denial of guilt. The problem here is the truthfulness and falsity of testimony, as well as often refusal. The problem area is also the testimony of a specialist. Since 2001, their testimony has been allowed to be used as evidence. However, there are still disputes about the legality of this provision. On the one hand, this is an expansion of the evidence base, but on the other, some processualists express the opinion that such a situation is unacceptable, since the legislation does not provide for punishment for this category for giving false testimony, which is absolutely not excluded. Also, the reason for the lack of scientific validity and subjectivity of judgments in the conclusions were pointed out against the use of expert testimony as evidence. Nevertheless, the testimony of a specialist is used today when an examination is not necessary. Thus, the lack of procedural regulation of the inclusion of these testimonies as a source of evidence is a problematic area of the criminal process. The problem of the use of a survey of the defendants in the case by a lawyer who can file a petition related to the improvement of the client's situation is also touched upon. However, there is no established form of such a survey, and there is a problem of attaching such testimony to the case, and their evidentiary value. Thus, the author raised the problem of legislative regulation of a single form of expert opinion, and the need to develop methodological recommendations on this issue, the same applies to the development of the survey form.
Gaps in Russian Legislation. 2022;15(4):44-48
pages 44-48 views

Some Features of the Interaction of Investigative and Operational Departments of the Department of Internal Affairs in the Identification, Disclosure and Investigation of Drug Crimes Committed Using Information Technology

Bitov A.A.

Abstract

The purpose of this study was to consider some features of the interaction of investigative and operational departments of the Department of Internal Affairs in the identification, disclosure and investigation of drug crimes committed using information technology through the prism of today's realities. The relevance of this work is due to the fact that recently the anesthesia of the population living on the territory of the Russian Federation has acquired new contours, which are becoming more difficult to counteract. This difficult task is assigned to representatives of investigative and operational units of the internal affairs bodies, the solution of which directly depends on the quality of interaction and joint work of these officials. It is no secret that the bulk of drug crimes are committed using modern information technologies. Currently, it is almost impossible to imagine the daily life of people without computers, smartphones and other various gadgets that provide access to the Internet. It is in the World Wide Web that a huge number of sites, servers, applications, social networks and messengers are concentrated, through which crimes related to drug trafficking are committed. Criminals prefer this method due to the fact that a high level of security is provided in the process of committing a crime, since there is no direct contact between the accomplices, the seller and the buyer of drugs. In the article we will consider some features of the interaction of investigative and operational units in the fight against drug crimes that are committed in the above way. The objectives of the study are to analyze and solve problems arising from the interaction of representatives of investigative and operational-search apparatus in the process of combating crimes in the field of drug trafficking committed using modern information technologies. Conclusions: we have established that in order to eliminate some problems in the context of the interaction of the investigator and the operative officer in the identification, disclosure and investigation of drug crimes committed with the help of modern information technologies, it is necessary to develop a comprehensive work plan for each employee for each criminal case or verification material. Such a plan will optimize and improve the work of both the investigator and the operative. In addition, it will solve the problem of copying the activities of an operative by an investigator or vice versa.
Gaps in Russian Legislation. 2022;15(4):49-53
pages 49-53 views

Formation of Students of Educational Organizations of the Ministry of Internal Affairs of Russia of Readiness for the Legal Use of Firearms in Fire Training Classes

Kardanov A.K.

Abstract

The purpose of this study is to examine the focus of departmental education on the development of trainees' abilities, and on their basis the readiness to set goals, design ways of their implementation, and assess the achievement of learning outcomes. The system of training for the Russian Ministry of Internal Affairs provides skills for timely response to events related, in particular, to the use of firearms in the performance of operational and service tasks. Training of students in the classes on firearms training solves the problems of improving the skills of using firearms. Personnel of the Ministry of Internal Affairs of Russia should demonstrate profound knowledge and sustainable skills in possession of firearms, prioritizing the legality of its use. The process of forming the readiness for lawful use of firearms is long and labor-intensive. Each case of the use of firearms has to be lawful and is considered not only by the police unit, but also by the prosecutor's office. Therefore, even in the most critical situations of professional activity officers avoid the use of weapons to the last minute. Researchers call the reason for such behavior weak preparation of officers for the situations of use of weapons. Only in cases of inevitability to protect life, deliberate use of lethal firearms is allowed, as less decisive measures are insufficient in such a situation. That is why the priority task of the educational process is to teach students the possibilities and methods of using weapons. In the process of mastering the discipline "firearms training" each student should set a goal to achieve a competent, with the least damage to health, but with the most effective use of firearms. The principle of regularity and maintenance of marksmanship skills contributes to the success of training. Therefore, trainees, upon graduation from educational organizations and in the future, must also practice practical shooting at shooting ranges and shooting ranges by simulating situations as close to real ones as possible. Only in this case it is possible to speak about the effectiveness of training.
Gaps in Russian Legislation. 2022;15(4):54-58
pages 54-58 views

Formation of Tactical and Psychological Readiness Among Employees of Internal Affairs Bodies for the Use of Struggle Combat Methods

Meshev I.K.

Abstract

The purpose of this study is to study the potential of the tactical and psychological readiness of an internal affairs officer to use combat methods of fighting against the offender. In the current emergency situation, it is necessary for police officers, first of all, to master the knowledge of the legal basis for their application. Since police officers often lose in psychological, technical and physical training to criminals, while ensuring personal safety, it is necessary to show resourcefulness and quick reaction in a fight. In the conditions of hostilities, the use of any methods against the offender is justified by the current legislation of the Russian Federation. It has been established that at frontier controls, an employee is required to demonstrate a comprehensive mastery of the technique, i.e. in one motor task, the employee must technically cooperate with several techniques and movements that were previously studied in a divided version. This task is difficult for most graduates. From here, we come to the understanding that in order to improve the skills of using combat techniques by police officers, a well-planned and structured training program is necessary. Thus, in order to form a stable skill of continuous demonstration of fighting techniques, which is the technical basis for their implementation, it is necessary to introduce methods and forms of integrated training into the training process, the most adapted of which is the situational approach. The advantages of using situational learning are the development of each situation with the consolidation of the theory and practice of making a decision on it. Solutions can be non-standard and follow from a given goal. This method allows students to develop analytical skills, evaluate the alternative, choose the best option, draw up a plan according to it and act according to planned tasks. Repeated application of this method in the learning process contributes to the development of a stable skill of the internal affairs officer in solving multi component tasks, the structure of which is made up of both general and particular problems.
Gaps in Russian Legislation. 2022;15(4):59-63
pages 59-63 views

Formation of Hand Fighting Skills in Extreme Situations in Physical Training Lessons in Educational Organizations of the Ministry of Internal Affairs of the Russian Federation

Cherkesov R.M., Kushkhov K.L.

Abstract

In this article, we have studied the process of developing hand-to-hand combat skills in extreme situations in physical training classes with students of educational organizations of the Ministry of Internal Affairs of Russia. It was established that today the main topical issue is the deterioration in the level of physical fitness of police officers. This can be explained, first of all, by the decline in the popularity of physical culture and sports. Young people who have just started studying at the universities of the Ministry of Internal Affairs, for the most part, either did not go in for sports, or went in for a short time. The task of the teaching staff of the Department of Physical Training is to prepare highly qualified personnel for the system of the Ministry of Internal Affairs of Russia from the existing composition of students. And the key point here is to overcome weak physical fitness. And for this, first of all, in physical training classes, students need to instill a love for sports and physical culture, as well as explain the importance and significance of physical training in their future activities. In the process of teaching hand-to-hand combat techniques, special attention is paid to the study of close combat techniques without the use of firearms, which includes throwing techniques, striking techniques, techniques for applying painful and suffocating techniques. Training in these techniques is carried out with the expectation that, in the process of work, police officers may find themselves in a situation that threatens their life and health, and mastering combat skills increases the chances of a policeman to stay alive, at the same time detaining the attacking criminal. It is concluded that in educational institutions of the Ministry of Internal Affairs of Russia, hand-to-hand combat is studied without fail and implies the development of the correct technique for performing wrestling and forceful detention, as well as preparation for the upcoming profession and situations when it becomes necessary to use hand-to-hand combat skills against the offender.
Gaps in Russian Legislation. 2022;15(4):64-68
pages 64-68 views

Topical Issues of Training the Staff of the Department of Internal Affairs in Tactical Peculiarities of Forced Detention of Offenders

Afov A.K.

Abstract

In this article, we have studied the issues of training police officers in the tactical features of the forceful detention of offenders. It was established that in order to carry out a forceful detention, an employee must have an exhaustive knowledge of fighting techniques, as well as a high level of general and special physical training. These qualities are developed in the process of training in educational institutions of the Ministry of Internal Affairs of Russia. Training in methods of forceful detention is an integral part of the physical training of an internal affairs officer. In the process of physical training, the main task is to prepare an employee for work in extreme situations, improve the health of an employee, and teach all the necessary methods of dealing with an offender. By implementing this activity of the training process, employees are trained in the skills to counter offenders in various situations, including, if necessary, hand-to-hand combat with them. The practice of law enforcement activity indicates the occurrence of situations when an employee with an offender engage in hand-to-hand combat and the task of the employee is to suppress aggression against him, incl. measures of physical influence, if non-forced methods of influence did not provide the desired result. The use of measures of physical influence and methods of forceful detention are retaliatory actions towards the offender who attacked the police officer or resisted his legal requirements. It is concluded that an important aspect of forceful detention is the development of a specialized methodology for training employees with poor physical fitness and the selection of an individual training program for them. At the same time, training in combat fighting techniques is an insufficient measure, since legal training is still needed in the context of the legality of the use of physical force and fighting techniques only in extreme cases and situations that directly threaten the health and life of an internal affairs officer or civilians.
Gaps in Russian Legislation. 2022;15(4):69-73
pages 69-73 views

The Use of Interactive Forms of Training in Physical Training Classes with Students of Educational Organizations of the Ministry of Internal Affairs of Russia

Krymshokalov A.Z.

Abstract

The purpose of this study is to study aspects of the use of interactive learning technologies in physical training classes to improve the effectiveness of the educational and training process. The introduction of interactive forms of training in the process of physical training is carried out through several stages, passing each of which the level of mastery of wrestling techniques and special motor skills should be significantly improved, as well as the general physical fitness of the listeners. The teachers of the Department of Physical Training face a difficult task that they are obliged to solve, namely, the formation of special motor skills, physical strength and endurance, health promotion and the development of fighting techniques that will be used by them in the process of ensuring law and order. Students, in turn, demonstrate readiness to study educational material, as well as the ability and readiness to master combat techniques of fighting and special motor skills, in order to perform forcible detention and apply self-defense techniques and ensure the personal and safety of citizens. These factors, as well as the weak level of physical training of recruits, puts the teaching staff in an ambiguous situation, and to solve these problems they have to optimize the learning process by various methods and develop methods for mastering the necessary techniques by students. It is established that the need for the use of interactive forms of training is due to their focus on providing advanced training of students in the context of the use of physical force and combat techniques of wrestling. The justifications given in this study for the use of interactive forms of learning determine their effectiveness in the process of forming motor skills and abilities in physical training classes. Taking into account these facts increases the chances of meeting the needs of law enforcement agencies who want to see highly qualified specialists in all aspects of their work in their ranks.
Gaps in Russian Legislation. 2022;15(4):74-78
pages 74-78 views

On the Issues of Psychological Stability of Employees of Internal Affairs Bodies to the Destructive Impact of Extremist Ideology

Gedugoshev R.R., Kuznetsova E.V.

Abstract

The purpose of this study was to study the phenomenon of involvement of police officers in extremist ideology and ways to counter this phenomenon. Experts note a trend towards an increase in the number of law enforcement officers involved in extremist ideology. A large role in such involvement is played by recruiters who are trained to act precisely and without mistakes. Recruiters are not immediately identified; many of them are themselves undercover police officers and, therefore, have the possibility of ideological influence on their less experienced colleagues. In this regard, law enforcement agencies began to study the mechanisms for involving employees in destructive ideologies and develop tools to counter this phenomenon. The emissaries of extremism carry out their recruiting activities in social networks, where every third inhabitant of our planet is registered. The presence of police officers in the social network may be determined by the tasks of the service (for example, they carry out operations to identify extremist content, or carry out outreach work with citizens, etc.), which also makes them vulnerable to recruiters. Since March 2022, the social networks Facebook and Instagram have been banned in the Russian Federation as the most powerful platform for the spread of extremism throughout the world, since the American company Meta Platforms Inc., to which they belong, has been recognized as an extremist organization that broadcasts illegal calls for violence. And since the users of popular social networks, as we have said above, are mostly the youth audience, then the acceptance and approval of the destructive ideology is formed in their fragile minds. Therefore, the formation of psychological resistance among police officers to the destructive influence of extremist ideology, as mentioned above, must be given great importance. Also, successful work to counter the destructive impact on personnel is facilitated by the identification by the leadership of the territorial internal affairs bodies of sources of information threats and the training of officials in the forms and methods of counteracting negative manifestations of extremism. At the same time, it is necessary to block the channels of penetration into the service teams of the internal affairs department of negative ideology, which undermines the psychological stability of employees.
Gaps in Russian Legislation. 2022;15(4):79-84
pages 79-84 views

Ways to Overcome Communication Barriers by Students of Professional Retraining Courses for Employees of the Internal Affairs

Daurov A.I.

Abstract

The purpose of this study was to study the causes and ways to overcome the communication barriers that police officers face in the course of their professional activities. The realities of modern law enforcement activity indicate an insufficient level of competence formation among police officers, so they face problems in establishing contact with different categories of people, which makes it difficult to obtain the necessary information. In the most negative aspect, communication barriers can lead to conflicts, which should be minimized in law enforcement. The more barriers an employee encounters when establishing communication with interlocutors, the higher the likelihood of not receiving the necessary and truthful information from the interlocutor to protect human rights and freedoms, expose a criminal, etc. Experts note that the root of communication barriers lies in the decrease in the general level of morality and spiritual culture of society. It has been established that the cause of the emergence of a communicative barrier when establishing contact with an interlocutor is the qualitative component of communication, its completeness and in formativeness. In practice, there are cases when on the part of employees information is presented incorrectly, tactlessly, ambiguously, inaccurately, and the interlocutor develops distrust or even apathy towards the law enforcement officer. However, it cannot be argued that the problem comes only from the side of the employee, here we are talking about the communication skills of both sides of communication, since each of them can understand the information incorrectly, interpret it according to their feelings and views, which may be erroneous. Communication barriers are purely psychological in nature and arise from the individual characteristics of both employees and respondents. And the task of educational organizations of the Ministry of Internal Affairs of Russia, where employees go to professional retraining as listeners, is to train them to build communication with any category of people, overcoming communication barriers. Training in this vein implies psychological preparation, the formation of a baggage of theoretical knowledge and constant practice.
Gaps in Russian Legislation. 2022;15(4):85-89
pages 85-89 views

Self-Protection and Fighting Techniques in the Activities of Departmentof Internal Affairs Employees

Dottuev T.I.

Abstract

The purpose of this study is to study the significance of self-defense and fighting techniques used by law enforcement officers to detain resisting offenders, as well as to fight when attacked by antisocial elements. Self-defense training is the study of the techniques of various martial arts and martial arts to protect one's life and health from encroachment by other people. The use of self-defense techniques is allowed only in extreme cases to protect against an attacking person, the purpose of which can be either mutilation or deprivation of life, or an attack in order to seize a weapon. Self-defense is not aimed at inflicting grievous bodily harm or depriving the attacker of his life, it is aimed at rebuffing him and depriving him of the desire to continue to act aggressively against the offender. Self-defense techniques are studied during training in educational institutions of the Ministry of Internal Affairs of Russia and are improved throughout the service during professional-applied physical training and independently. Fighting techniques have certain differences from self-defense techniques. The first and most important difference is that they are not used to protect against the attacker, but to stop the aggression of the offender. Fighting techniques include various grips, throws, techniques aimed at strangulation, painful techniques. All these techniques are used to immobilize the offender, detain him and escort him to the nearest police station. Most often, employees of the internal affairs bodies use methods of detention and escort, protection from attacks by an armed and unarmed offender, disarmament. At the same time, not every offender expresses a willingness to obey the lawful demands of an employee of the internal affairs bodies, and can resist and fight back, and here the employee must use the entire arsenal of techniques available to him to detain and escort the criminal to the police department.
Gaps in Russian Legislation. 2022;15(4):90-94
pages 90-94 views

The Application of Complex Situational Tasks in Teaching Fighting Techniques to Students of Educational Organizations of the Ministry of the Internal Affairs of the Russian Federation

Dadov A.V.

Abstract

The purpose of this study is to study the influence of situational training on the effectiveness of training students of educational organizations of the Ministry of Internal Affairs of Russia in the context of the formation of professionally important physical qualities in them, which are necessary for effective counteraction to the offender. Confirming the particular complexity and eccentricity of the specifics of the work of police officers, when they have to constantly deal with an antisocial element, one should point out the need to demonstrate readiness for a critical situation that carries risks to the life and health of an employee. And one of the key components of successful activity is the development of self-control skills by means of physical training. A particular difficulty for students during the preparation period is observed in the psychological factors that complicate the effective solution of the task. And taking into account the fact that an employee can be inferior to a criminal not only in psychological, but also in technical and physical training, then when ensuring personal safety, it is necessary to show resourcefulness and speed of reaction in a fight. The main content of classes with the use of complex situational tasks is the performance of exercises in different roles. During the lesson, the teacher can suddenly make changes and complicate the task and evaluate how quickly the student responds, what actions he performs and the degree of their legitimacy. The goal is considered fulfilled if the performer coped and took all measures in the situation that arose. The result of mastering the situational approach is the ability of an employee to enter the situation in the shortest possible time, analyze it and use its components to successfully solve the combat mission. Solutions can be non-standard and follow from a given goal. With the help of this method, students develop analytical skills, they are also trained to evaluate the alternative, choose the best option, draw up a plan according to it and act according to planned tasks. It has been established that the use of the situational method enables students to master stable skills in the lawful application of measures of physical influence on offenders and to perform their duties qualitatively.
Gaps in Russian Legislation. 2022;15(4):95-99
pages 95-99 views

Peculiarities of Formation of Social Intelligence and Decision-Making Strategies of Employees of the Internal Affairs Bodies at the Courses of Professional Development

Teuvazhukov A.K.

Abstract

The purpose of this study was to study the features of the formation of social intelligence among police officers and its influence on the decision-making strategy. The ways in which advanced training courses affect the development of these qualities are considered. The professional activity of police officers consists mostly in interacting with people and communicating with them. And the task of law enforcement officers is the ability to build such social communication that will allow you to communicate correctly, clearly and informatively with your interlocutor. This affects the success of the implementation of the goals and tasks set for the employee. It has been established that the formation of social intelligence among police officers is one of the important factors for successful professional activity. Social intelligence includes social and communicative competence, observation, empathy, self-control, the ability to make adequate and timely decisions in situations of exposure to various objective and subjective factors associated with the presence of risk, lack of time, resources, uncertainty and inconsistency of information, multitasking, extremeness activities, etc. Social intelligence is formed under the influence of training, education, communication and activity. Its spokesman is the self-determination of the individual, the totality of acquired knowledge about social reality, the ability for social perception, interaction and adaptation to the changing conditions of professional activity. An important indicator of social intelligence, many researchers call psychological stability, which helps police officers to adequately respond to stressful factors and make the right and informed decisions. It is concluded that the level of emotional intelligence of an internal affairs officer contains significant opportunities that affect the success of the tasks. In particular, it has a positive effect on the decision-making strategy, and this is exactly what needs to be specially trained using the entire arsenal of tools available in the educational organization. Decision-making is a profiling quality, which is an important condition for optimizing professional activity and the extreme and critical situations that develop in it.
Gaps in Russian Legislation. 2022;15(4):100-104
pages 100-104 views

Professional Training of Department of Internal Affairs Employees in Complex Force Actions in Operative and Service Situations

Tkhagalegov A.A.

Abstract

The purpose of this study is to study the issues of professional training of police officers in complex power actions based on the development of a power complex exercise (SKU) from the Manual on the organization of physical training. The power complex of exercises implies the development of the following qualities during its systematic implementation: strength and endurance. In this complex, all exercises are selected in such a way as to work out and use the maximum number of muscle groups in the least amount of time, resulting in more fatigue of the body, and the more often it is performed, the faster the body adapts and gets used to the heavy physical loads, the feeling of fatigue and pain, which also affects the hardening of a person and overcoming the stage when his body refuses to work due to fatigue and pain, which in turn has a positive effect on the upcoming work of an internal affairs officer. After all, an extreme situation can take a law enforcement officer by surprise, and he is obliged to demonstrate readiness for the occurrence of such situations, and they should not in any way affect the quality of his work. This complex contains many exercises for various muscle groups, the main of which are the muscles of the arms (biceps, triceps) and the muscles of the legs (thigh muscles, calf muscles), and the high intensity of exercise puts pressure on the lungs and heart, forcing the lungs to absorb a lot of oxygen for short time, and the heart to pump more blood to the muscles at high speed. As a result, it can be considered a complete workout for the whole body. It has been established that this complex is an excellent test of the physical indicators of police officers, and can be used as an assessment of the development of each of the students.
Gaps in Russian Legislation. 2022;15(4):105-109
pages 105-109 views

Current Activities of Law Enforcement Authorities on Combat Youth Extremism

Akkaeva H.A.

Abstract

Extremist activity in the modern world is a global problem, because the scale of its spread has affected all regions and states. In certain crisis periods, this activity is gaining significant momentum. This situation is currently observed in the Russian Federation. Under the influence of a number of factors (economic, geopolitical, social, etc.), extremist ideas and views spread most rapidly among young people. This is because representatives of this category of the population are most susceptible to crisis situations occurring in society, because of their worries about their future. Given the importance of the younger generation for the development of the Russian state, the fight against the spread of extremist views among young people is the main direction of the functioning of many government bodies. The purpose of this study is to analyze the main activities of law enforcement agencies to combat youth extremism in the Russian Federation. The author comes to the conclusion that the features of the functioning of law enforcement agencies in the field of countering youth extremism are objectively determined by the specifics of youth development in a particular society. Modern representatives of the younger generation are mostly focused on Internet communication, and therefore law enforcement agencies quite rightly pay close attention to information disseminated in various Internet resources. The priority importance of the preventive activities of law enforcement agencies is noted, since in the case of its effective implementation, the problem of the desire of young people to seek access to prohibited Internet resources or to commit illegal acts of an extremist orientation is directly solved.
Gaps in Russian Legislation. 2022;15(4):110-114
pages 110-114 views

Main Activities of the Internal Affairs Bodies to Counter Religious Extremism

Gutieva I.G.

Abstract

The human community, having crossed the threshold of the 21st century, brought with it, like baggage, many problems unresolved in the past, one of which is extremism. This is a negative phenomenon, manifested in human intolerance, threatening the peace of citizens, incurring human losses, and becoming a growing threat to peaceful existence. Perhaps today extremism is the most discussed topic. All news means of communication: the Internet, newspapers, magazines, are simply overflowing with news, discussions, comments, discussions about extremism. Today the whole world is going through difficult times. Times when it is better to show universal abstinence in your words, deeds and actions. The influx of false reports in a number of regions of Russia about the mining of kindergartens, schools, judicial and healthcare institutions, after the start of a special military operation in Ukraine, cannot but excite the public. Under such conditions, it is necessary to clearly understand what extremism is, the reasons for its occurrence in society, and how this negative phenomenon is counteracted. In the realities of modernity, religious extremism has become widespread. Most authors define this type of extremism as a manifestation of an intolerant attitude towards representatives of other faiths. Nothing is recognized that violates the dogmas and principles of the dominant religion in a certain social group and the laws established by them. Religious extremism is a serious threat not only to the integrity and state security, but also to the preservation of the rights and freedoms of citizens, their mental and physical health. However, the progressive growth of extremist crime “transfers” this threat into the category of problems that need to be solved in cooperation and immediately. The events taking place in the country clearly confirm this. The target orientation of the scientific article is to get acquainted with the basic concepts, features related to the main activities of the internal affairs bodies to counter religious extremism.
Gaps in Russian Legislation. 2022;15(4):115-121
pages 115-121 views

Extremism: Difficulties of Definitions

Klimenko T.M., Alchakov R.K., Urusova L.K.

Abstract

In the modern society, there are a number of phenomena that have a complex semantic component. One of such phenomenon is extremism. Scientists, politicians, representatives of public institutions, as well as law enforcement agencies interpret this phenomenon in different ways. What is the difference between these interpretations, and most importantly, why do they arise? The purpose of this study is to study some of the limitations associated with the definition and perception of the phenomenon of «extremism» from the semantic, political and legal points of view. We believe that the main reason for this is the (mis)perception of extreme acts committed, meaning that even the «ideal» legal definition of extreme acts is clearly not effective enough in combating extremism in society. We need to raise public awareness of the highlighted issue. Special services, police, prosecutors, courts, etc. are obliged to constantly improve effective methods of preventing, detecting and combating extremist phenomena within a legally acceptable framework. From a legal point of view, it is impossible to combat the phenomenon of «extremism» with the help of coercive and other institutions of the national security system. But even when, as a result of some political or social consensus, some extremist phenomena and actions become part of national criminal codes, it is not much easier to deal with extremism. The main reason is the distorted perception of committed extreme actions. This study examines some of the problems that explain the semantic, political and legal characteristics and limitations in the perception and definition of the phenomenon of «extremism».
Gaps in Russian Legislation. 2022;15(4):122-126
pages 122-126 views

Critical Thinking and Its Role in the Youth Extremism Prevention

Kurashinova A.K., Doeva I.G.

Abstract

The problem of extremism in general and youth in particular continues to remain relevant. Society continues to live in conditions of political and economic confrontation between the West and the East. Currently Western world supports the radical sentiments and actions of the Ukraine political elite, not hesitating to openly help the followers of the most aggressive of all ideologies that have ever existed - the ideology of fascism. Modern political and physical wars, as a rule, are accompanied by propaganda confrontation. However, the idea is not new. Even during the Second World War, Goebbels, who was the head of the propaganda department in nazi Germany, said: «Give me the media, and I will make a herd of pigs out of any people». In fact, he proposed a new technology for manipulating the masses consciousness. The nationalist movement in Ukraine and representatives of the media sympathizing with them demonstrate this technology in action. In the modern world we are surrounded by information that often turns out to be unverified, hastily collected or deliberately false. The older generation, whose worldview was formed under the influence of Soviet education and ideology, albeit not correct in everything, but certainly based on universal humane principles, is more resistant to information chaos. The target audience of extremist movements is primarily young people, since modern young people are mostly receptive and suggestible due to their lack of firm convictions and moral principles, a stable worldview, criticality and independent thinking. Therefore, one of the effective means of increasing their resistance to the extremist ideas influence should be the development of these thinking qualities. These circumstances, as well as the need to find possible ways to prevent youth extremism determine the relevance and purpose of this article. This goal involves solving a number of tasks: determining the reasons for the low level of critical thinking formation among younger generation representatives and the possibilities of its development.
Gaps in Russian Legislation. 2022;15(4):127-131
pages 127-131 views

Legal Basis for the Activities of the Russian Federation on International Cooperation in the Field of Counterterrorism

Misrokov T.Z.

Abstract

The article conducts the author's study of the experience accumulated by the Russian Federation of international cooperation on countering terrorism, improving coordination of efforts with the member countries of the Commonwealth of Independent States, the Collective Security Treaty Organization, the Shanghai Cooperation Organization and other states and international organizations in the context of a changing international situation and gradual destruction pre-existing security system. The purpose of the work is to formulate proposals for improving the issues of cooperation between the Russian Federation and the international community in the field of preventing terrorism and combating it in its various manifestations. The objectives of the work are to identify and critically analyze the problems and gaps in the current international practice of interaction on countering terrorism, as well as to analyze the accumulated experience in coordinating efforts to counter terrorism and to search for promising ways to increase the effectiveness of international cooperation in responding to terrorist threats. The author comes to several conclusions. First, to date, the Russian Federation has formed a broad and detailed regulatory framework that makes it possible to adequately and promptly respond to domestic threats of a terrorist nature, based on an integrated approach to the fight against terrorism. At the same time, the rapidly changing face of modern international terrorism and the development of technologies for committing terrorist acts dictate the need for constant adaptation of domestic legislation in order to maintain its compliance with new challenges and threats. Secondly, in the field of international cooperation, there are obvious gaps in the regulation of a number of issues that play an important role in the effective fight against terrorism, and the Russian Federation, having a significant potential for improving the international legal basis in this area, acting as a prominent and significant participant in interstate relations, is able to make a tangible contribution to the formation of the legal foundations of international security and protection from the threat of terrorism. There is a need for legal regulation of a number of relations associated with activities to combat terrorism, such as informational counteraction to terrorist organizations, ensuring cybersecurity, enlightenment and education as ways to prevent terrorism, the use of integrated forces and means of responding to terrorist threats, and the formation of uniform standards of anti-terrorist legislation. Priority in the current conditions are preventive measures to counter terrorism, which should be based on a comprehensive approach to eliminating the causes and factors that contribute to terrorist activities. Thirdly, in the current international conditions, the vectors of intensifying cooperation on combating terrorism are gradually but clearly shifting towards such international associations as the Collective Security Treaty Organization, the Shanghai Cooperation Organization, the Commonwealth of Independent States and other organizations, where the Russian Federation is presented as an active participant in international interaction. Undoubtedly, while continuing systematic and consistent work on the platform of the United Nations, the Russian Federation must at the same time consistently develop the legal foundations for ensuring international security within the framework of other international organizations.
Gaps in Russian Legislation. 2022;15(4):132-140
pages 132-140 views

Possibilities of Using Info-Communication Technologies in the Sphere of Counter-Terrorism

Magomedov M.N.

Abstract

The purpose of this study is to explore the potential of information and communication technologies to counter terrorist threats, which are firmly entrenched in intimidating the population, influencing the minds of people, as well as creating an atmosphere of insecurity and vulnerability of the state and society. The situation is complicated by the fact that such a large-scale neural network is very difficult to subject to control by the state authorities for the presence of information harmful to the state, law and society. Is it any wonder that for many years this disadvantage has been used by criminals and criminal communities pursuing a variety of anti-social goals? Consequently, being aware of the existence of the problem it is necessary to solve it in some way. Since the security of citizens is guaranteed by the state, it is on the shoulders of its bodies and structures to find methods of combating terrorism, using the same information and communication technologies that allow tracing terrorists' communication channels, preventing terrorist acts, as well as using preventive measures to prevent the strengthening of negative attitudes. The aggravating circumstance is that today the majority of broadcast Internet content is beyond the control of law enforcement agencies of any country. Therefore, the main task facing the law enforcement agencies is to develop measures aimed at processing the information resource with terrorist overtones, attracting specialists to search for terrorists skillfully disguising themselves in almost all existing social networks. This should facilitate the fight against terrorism and accelerate the identification of adherents of a destructive ideology, as well as prevent their illegal activities. And to increase the effectiveness of counteraction to this phenomenon, it is necessary to learn to quickly process the large volume of information that appears on the network day after day; to find terrorists and communities associated with them on social networks before they have time to ruin another life with their propaganda.
Gaps in Russian Legislation. 2022;15(4):141-144
pages 141-144 views

Features of the Use of Digital Technologies in Countering Cyberterrorism

Tsrimov A.A.

Abstract

The purpose of this study was to study the possibilities of digital technologies in countering cyber terrorism, which means the commission of terrorist acts using computer and telecommunication technologies. A distinctive feature of this type of terrorism is that cyber terrorists resort to using the achievements of scientific and technological progress (personal computers, smart phones, the Internet) to carry out terrorist attacks. As a rule, the result of a cyber terrorist act is the theft of secret data by the defense industry and various government agencies of the state, theft of funds and information from banks, individuals and legal entities. To combat cybercrime and cyber terrorism in particular, law enforcement and international agencies have also begun to master the use of digital technologies to counter terrorists and extremism. In particular, it can be seen that some states are joining their forces for a joint fight against terrorism. The main task of law enforcement agencies is to develop methods for tracking crypto currencies, as well as attracting the tax service to tax crypto currencies. Crypto currency cannot be left unsupervised by the state, its turnover must be controlled, and if it is found to be used in illegal activities, the person who used it for this must be punished. It has been established that an important aspect of the fight against cyber terrorism and the use of digital technologies for criminal purposes is the training of law enforcement officers. By all means, it is necessary to avoid the catastrophic consequences of hacker attacks that encroach on non-Russian life support systems for people, power systems, railways, a critical information structure, etc. And the solution to this problem should be a priority task for both police officers and other bodies - the prosecutor's office and the federal security service. Involving them in the investigation or search for terrorists will have a positive effect on the fight against terrorism.
Gaps in Russian Legislation. 2022;15(4):145-148
pages 145-148 views

Radicalism as a Factor of Destabilization of the World Political Situation

Kurshev A.K.

Abstract

The purpose of this study was to study the phenomenon of radicalization. Due to the lack of an empirical basis, difficulties also arise with the definition of a single concept of radicalism, the methodology of its study, the methodology for measuring its indicators, and, accordingly, it is not possible to consider the factors associated with the process of radicalization. Summarizing the variety of interpretations proposed by various authors, we note that radicalization is understood as the process of transition from non-violent forms of expression of opinions to violent actions. The process of radicalization does not occur linearly, it acts as a complex causal relationship. Radical opinions are not a crime. However, participation in violent extremism and terrorism is already a crime. And as law enforcement officers confirm, the greatest risk group is young people, because due to a misunderstanding of the goals of destructive ideologies, they fall under the influence of their emissaries, becoming on a par with extremists and terrorists. The growth of radical sentiment in recent years has been facilitated by the Internet environment, which determined the global, viral, scalable and cascading effect of online radicalization. The time period of the process of radicalization was shortened, and the ideological, financial, organizational and transnational ties of ultra-right extremist communities were actively consolidated. It has been established that radicalism, being a predictor of extremism and terrorism, remains in the role of a global geopolitical risk and a threat to international security. A significant role in strengthening right-wing radicalism was played by the possibilities of the Internet environment, which made it possible to unite like-minded people on a global scale. These communities flooded all major social platforms and alternative information platforms with extremist content, thus forming a vast virtual ecosystem of right-wing extremism. In addition, huge amounts of fake news began to enter the Internet space, which increased the vulnerability of the entire society and states, which, as a result, acts as a destabilizing factor in the world political situation.
Gaps in Russian Legislation. 2022;15(4):149-153
pages 149-153 views

On the Factors Activating the Growth of Extremism and Terrorism in Modern Conditions

Korkmazov A.V.

Abstract

The study of the problems and ways of counteracting the factors of activation of extremism and terrorism, especially among the youth, is an important task of law enforcement agencies. Today, when the world faced an increase in the number of terrorist and extremist threats, which are quite difficult to predict, the variety of forms of their manifestations, the transnational nature of the activities of extremist and terrorist organizations, there is a need to strengthen countermeasures, as the danger of terrorist organizations has gone far beyond the borders of a particular state. The objectives of this study are to analyze the causes of the growth of extremism and terrorism, where we should mention the important role of the decrease in the continuity of generations, the weakening of patriotism among the younger generation, whose representatives openly demonstrate an aversion to power and laws. They believe that the authorities are dictating unacceptable rules for their future life and are trying with all their might to oppress the interests of citizens. Therefore, fear for their future life encourages young people to go against the system, thereby trying to realize their ambitions, which result in aggression and various agitations. They begin to write about them, talk about them, fight them. And thus, becoming an object of attention, it begins to seem to young people that they dictate the rules and become significant people in society. Causing the impossibility of reconciling with modern realities, young people are trying to create their own. At the same time, technological progress and the development of information technologies also act as a source of extremist and terrorist provocation. The Internet has become one of the key factors activating the growth of extremism and terrorism. The abundance of web-sites, the number of which is growing every day, on which anyone can register without hindrance, today are a "hotbed" of propaganda of extremist and terrorist ideas. It has been established that the radicalization of young people that occurs in social networks is a global problem, to combat which considerable forces and resources of law enforcement agencies are thrown. The dominants put forward by them have a rather serious influence on their behavior, which consists in the forcible imposition of their ideas and their forcible implementation.
Gaps in Russian Legislation. 2022;15(4):154-158
pages 154-158 views

Peculiarities of Recruiting Women into Terrorist Groups on the Territory of the Russian Federation

Ashkhotova L.A.

Abstract

Terrorist groups in the modern world actively use the existing crisis conditions for a constant update of their groups membership. The human resource is of fundamental importance for the functioning of these criminal organizations, in connection with which the latter are constantly improving the means and methods of involving various persons in illegal activities. In this context, women should be singled out as the most vulnerable category of the population, who at any age are much more susceptible to external influences due to the psycho-emotional characteristics of their personality. Taking into account the existing growth of offences and crimes of a terrorist nature, it seems necessary to study in more detail the issues related to the recruitment of this category of the population. The purpose of writing this work is to identify the existing features of the recruitment of women into terrorist groups on the territory of the Russian Federation. The author comes to the conclusion that the processes of informatization and digitalization have a significant impact, under the influence of which the Internet environment is the main platform for searching and further influencing the above-mentioned category of people. Women with protest behavior, who actively express their positions in various Internet resources are of particular interest to recruiters. Attention is focused on the fact that in the Russian Federation the most widespread involvement of women in terrorist activities is carried out in the republics of the North Caucasus, where religion and ethnic traditions have a serious impact on the worldview. In this context, a constant study of existing trends in the recruitment of women into terrorist groups and active explanatory work in relation to emerging threats is required.
Gaps in Russian Legislation. 2022;15(4):159-163
pages 159-163 views

Prerequisites and Trends of Modern Terrorism in the Context of Globalization

Kuchmezov R.A.

Abstract

The purpose of this research was to study the impact of globalization on the prerequisites and trends of modern terrorism. Thus, one of the key aspects of such influence is illegal migration, which in a number of cases caused high-profile terrorist attacks. The objectives of the study are to analyze the causes of the emergence and spread of terrorist sentiment in modern society. It has been established that this unfavorable aspect is connected with the fact that migrants are hard to adapt to the new environment, and the environment itself mostly rejects them. Such a confrontation as a result of mutual distrust is gradually determined into hostility and conflicts. The indigenous population begins to cultivate the idea of increased criminality of visitors, and migrants - the idea of hostility and toxicity of the locals. Conclusions: illegal migration has become one of the main prerequisites for the free "transfer" of terrorist ideas, both within the country and among countries. And in this study, we considered migration as a factor determining modern terrorism. It was found out that migration processes, being the main factor of terrorism, are the main reason for the commission of terrorist acts, both against migrants and by the migrants themselves, since issues of a socio-economic, socio-psychological and organizational nature are acute in the interaction of communities unusual to each other. Thus, the factor of "unfavorable migration situation" is the driving force behind terrorism. Considering the low level of legal awareness of immigrants arriving on the territory of the Russian Federation, they do not even try to defuse the emerging conflicts, which they think will go unnoticed. However, ignorance of the law is not an excuse for criminal liability. And the main aspect of ignorance of the law, in our opinion, is the emergence of certain difficulties in the criminological prevention of terrorist crimes, since there is no mechanism for informing immigrants about the possible consequences of this or that behavior, which will subsequently be qualified as terrorism.
Gaps in Russian Legislation. 2022;15(4):164-168
pages 164-168 views

About Some Methods for Recruiting Youth to Terrorism Organizations

Teppeev A.A.

Abstract

The purpose of this article is a theoretical study of the problem of recruiting young people to terrorist organizations, by considering the methods used by recruiters, and identifying ways to solve it. Research objectives: - to give the concept of terrorism; - analyze historical trends in the formation of terrorism; - present methods of recruiting young people; - describe the psychological types most affected by such influence of people; - formulate recommendations on countering recruiters; Conclusions: in the article, the author gives the concept of terrorism, examines the phenomenon of terrorism in Russia from the moment of its first case to the present day, analyzes the goals of terrorist organizations at the dawn of its emergence and today, also highlights the most "popular" methods of recruiting young people into terrorist organizations. The categories of people most exposed to dangerous influence, their psychological characteristics, as well as ways of programming them and narrowing the consciousness of victims are described. Some recommendations are given on how not to fall into the hands of professional recruiters, and examples of their work are given. The importance of timely warning of young people is emphasized that it is impossible to completely trust unfamiliar people, ignore relatives, and put only the authority of a new acquaintance at the forefront. The author in the article urges to pay attention to your family, friends and friends, not to ignore their abrupt changes both for the bad and for the good, but to find out what caused it. Considerable attention is paid to interpersonal relationships between parents and young children, the importance of maintaining trusting communication with a child who, growing up, will also be close to his parents, and will not seek understanding on the side, from dubious personalities. Particular attention is paid to the idea that if a person has started to be recruited, and relatives have a suspicion for this, then it is important to remember that one-on-one cannot cope with this problem. In this case, you need to seek help from law enforcement agencies, which will be able to at least track the movement of the recruited and prevent him from getting into special camps. The importance of protecting young people at the State level and harsher punishment of those who recruit into terrorist organizations is emphasized.
Gaps in Russian Legislation. 2022;15(4):169-176
pages 169-176 views

Causes, Factors and Ways to Counteract the Development of Nationalist Terrorism in Modern Conditions

Shogenov Z.A.

Abstract

The study of the prerequisites for the emergence and spread of nationalist terrorism in Russia is a fairly relevant topic. The difference between modern terrorist organizations and their predecessors is given, as well as their ideology, applied methods, goals and objectives. The tendencies that contribute to such a rapid and large spread of terrorism throughout the country without exception are also described. The objectives of the study in this context are to analyze the causes of the growth of terrorism, the involvement of the younger generation in this ideology. At the same time, it is necessary to pay attention to the fact that in the recent past in various countries of the world, due to the emergence of various religious movements, there was a disunity of society, a weakening of control by the authorities and the clergy to various religious denominations. Taking advantage of this situation, various terrorist organizations began to propagate their extremist-terrorist ideology in the world, including our country. Recruitment activity in the republics of the North Caucasus are held on a full scale. It has been established that terrorism has not been fully defeated. To date, the liquidated at different times terrorist organizations operating in our country have been replaced by new ones, using not only physical methods of influence, but also digital methods of influencing and intimidating the population, as well as having much more significant human and financial resources, prohibited on territory of the Russian Federation terrorist groups (the Islamic State, the Muslim Brotherhood, the Base, etc.). The main goal of these organizations is to proclaim the aggressive direction of the Muslim religion all over the world, incarnating their ideas and worldviews into reality, and in order to fulfill their goal, they are ready to harm millions of people and the state that will try to resist them. In the Russian Federation, they also continue to develop intensively and try to carry out various large and small terrorist attacks. As well as 20-25 years ago, the republics of the North Caucasus represent the main value for them. Consequently, the tragic consequences of terrorism should become an important warning to all political forces so that in the future, when resolving political, economic and other problems, they should not resort to violent methods, since this does not contribute to the solution of the tasks set, but, on the contrary, leads to the aggravation and growth of conflicts in society.
Gaps in Russian Legislation. 2022;15(4):177-181
pages 177-181 views

On the Issue of Countering Extremism on the Internet

Osmanov M.M.

Abstract

One of the main mass media source is the Internet. This is an effective method of influencing the consciousness of the broad masses of citizens, in particular young people, on whom antisocial and asocial values are imposed with the help of information technologies in order to recruit them into terrorist and extremist groups. One of the highest priority tasks of the law enforcement agencies of the Russian Federation is the fight against extremism, in particular on the Internet, due to the expansion of the boundaries of the activities of extremist groups, the localization of which was cities or districts. Over the past two decades, extremist activity has become high-profile in media, which means that extremists can enter into discussions, propagate their ideological views in various Internet resources, thereby gaining the opportunity to reach tens, hundreds, thousands of people. An impressive part of the committed extremist crimes, as practice shows, falls on crimes using the Internet. Amendments to Russian legislation enable Roskomnadzor (Federal Service for Supervision in the Sphere of Mass Communications) to restrict access to visiting extremist web-sites when they are detected and send information to the country's Prosecutor General's Office for further investigation, involving extremism counteraction units. The antiterrorist package of laws adopted in 2014 can be considered the next important step aimed at countering extremism in the country, one of the points of which is the registration with Roskomnadzor of site owners with an audience of more than two thousand users per day.
Gaps in Russian Legislation. 2022;15(4):182-186
pages 182-186 views

On Topical Issues of Counterterrorism in the Russian Federation: Criminal Legal Aspect

Kodzokov B.V.

Abstract

Modern globalization also has a number of negative consequences, among which it is worth highlighting the prevalence of individual crimes, which, against the background of an active dialogue between states, have become transnational in nature and the relevance of combating them is no longer limited to individual geopolitical regions. This is what terrorism which has long affected most states of the world, is like nowadays. Of course, for some regions the problem of combating terrorism is more relevant due to a number of factors that contribute to the development of terrorist organizations on their territory, for others it is less relevant, and affects some countries only indirectly. However, these patterns are temporary, and therefore all international organizations and national law enforcement structures are currently working on counter-terrorism mechanisms. In modern domestic and foreign legal literature, there are many studies on the problems of terrorism. Some authors focus on countering certain types of terrorism (religious terrorism, cyberterrorism, etc.), others pay special attention to the problems of improving international and domestic legislation in this area, and others evaluate the effectiveness of modern mechanisms for countering terrorism. However, considering the complexity of the analyzed criminal act, it seems necessary to explore modern mechanisms for countering terrorism, taking into account the theoretical and legal foundations of this process and the achievements of law enforcement practice in this area. In addition, it seems appropriate not to limit ourselves to the national system of combating terrorism in Russia and to analyze international standards on the stated issues. To achieve this goal, it is necessary to solve the following scientific, practical and methodological problems in the following areas: the study of the theoretical and legal foundations of countering terrorism in the modern world; study of the current legal framework for countering terrorism; consideration of international legal and national mechanisms for counterterrorism; study of the national system of counterterrorism in the Russian Federation.
Gaps in Russian Legislation. 2022;15(4):187-192
pages 187-192 views

The Relationship of Organized Crime with International Terrorism and Extremist Groups

Gedgafov M.M.

Abstract

The purpose of this study was to examine the activities of international extremist and terrorist organizations in relation to organized crime. International extremism and terrorism are constantly expanding their boundaries by recruiting new members ready to commit terrorist acts. Terrorism and extremism, as one of the high-profile and violent transnational crimes, tend to spread globally. Their ranks are constantly being swollen by active participants who freely supply international extremist and terrorist organizations with weapons, ammunition, explosives, vehicles and equipment, as well as the necessary documents, recruiters and accomplices who finance large-scale and major terrorist operations. The research objectives are to analyze the reasons favoring the formation of complex network structures of organized crime with the involvement of extremists and terrorists in its ranks. The factors of growth of interconnection of organized crime with international extremist and terrorist groups are analyzed. The militants, who passed combat and special training and returned home from combat operations zone, pose a special danger as they create new local terrorist cells via social networks, provoke interethnic and religious conflicts, popularize the ideology of violence among the youth. It has been established that today there is a need to develop a well-thought-out system of interaction with foreign law enforcement agencies to effectively counteract these phenomena. The global and destructive nature of terrorism and extremism ideology, the eradication of which is a priority task for the world community. Criminal activity of international extremist and terrorist organizations involves not only specific perpetrators and their accomplices, but the whole social groups of ethnic, religious and political coloration, pursuing various goals. The world, faced with the aggression of international terrorism, should improve international anti-terrorist legislation, strengthen preventive and suppressive measures, and toughen responsibility for organized extremist and terrorist activity through the joint efforts of states.
Gaps in Russian Legislation. 2022;15(4):193-197
pages 193-197 views

Current Problems in Countering the Use of Social Networks to Spread Extremist and Terrorist Ideology

Kamergoev B.M.

Abstract

In this article we discussed the problem of the spread of terrorist and extremist ideology in social networks. An attempt was made to demonstrate how urgent this problem is, and it is associated with the increased popularity of social networks. Every person registered and using social networks is in danger and risks becoming a victim of recruiters of terrorist organizations. The objectives of the study are to analyze the reasons conducive to the spread of extremism and terrorism in social networks. It is undeniable that the availability and anonymity of the global information space benefits both the emissaries of extremism and terrorism and the consumers of the content broadcast by them. In recent years law enforcement agencies have been continuously monitoring social networks for the presence of extremist and terrorist slogans and doctrines. But the flow of information in social networks is unimaginably huge and information that appeared on one page is transmitted (reposted) with great speed to other users and communities, and thus it gets to hundreds of thousands of people. And even finding the source does not guarantee that the problem will be completely solved. Conclusions: Social networks are developing, extremist and terrorist organizations are also improving, they are adapting and learning to bypass all the existing rules of social networks and are a huge threat to the state and society. That is why the fight against them must be much tougher. The problem of extremism and terrorism spreading in our country as well as in the world is not new, but the spreading in social networks, where the coverage of people to whom this information will reach, is increasing day by day, and the question is not about a single region or country, the whole world is under threat. Therefore, to solve the problem of spread of extremist and terrorist ideology the work of law enforcement agencies is not enough. It is necessary to combine efforts with professionals in the field of programming, as well as legislative bodies to effectively counteract these phenomena.
Gaps in Russian Legislation. 2022;15(4):198-202
pages 198-202 views

Criminal and Legal Bases of Organizing an Extremist Community: the Concept and Features of Qualification

Animokov I.K.

Abstract

Extremism and extremist activity are widespread in the modern world, and therefore, the study of the theoretical, legal and practical aspects of criminal liability of an extremist orientation retains significant relevance. It is important to note that the current Russian criminal legislation regulates in great detail certain elements of criminal acts of the above-mentioned nature, and investigative and judicial practice demonstrates a large number of cases considered under the relevant articles of the Criminal Code of the Russian Federation. Among the crimes of an extremist orientation, it seems necessary to single out the organization of an extremist community as the most significant act, the consequence of which is the extremist activity of the corresponding organized group of persons. The purpose of writing a research paper is to analyze the criminal and legal bases of organizing an extremist community. The author comes to the conclusion that the current legislation and the practice of the top judicial bodies define the content of the category "extremist community" in great detail, including focusing on certain aspects of its organization, but in the context of the dynamic improvement of criminal practice in the modern world, it is required to study the stated issues, taking into account the existing legal and political realities. In the legal literature, there are many studies devoted to certain aspects of the organization of extremist communities, including some proposals for improving legislation and law enforcement practice in this area. Based on the analysis, a proposal was formulated to improve Art. 282.1 of the Criminal Code of the Russian Federation, within the framework of which, as an independent element of a criminal act, it is necessary to single out the creation of an extremist community with the definition of proportionate responsibility for the specified crime, taking into account the importance of the organizational aspect for the commission of further illegal actions by the relevant community.
Gaps in Russian Legislation. 2022;15(4):203-208
pages 203-208 views

Current Aspects of Countering the Implementation of the Ideology of Extremism in the Conditions of Digitalization

Kardanov A.R.

Abstract

The purpose of this study was to study ways to counter the spread of the ideology of extremism in the context of digitalization. The growth in the number of extremist communities on a global scale, the variety of forms of their manifestation, the transnational nature, the increase in the number of threats are factors of particular concern and, as a result, require special attention in countering this phenomenon. Thus, extremism has become a serious threat to the stability and security of society and the state. And digitalization has made it possible for extremists to fully feel their impunity, as a result of which their actions have become even more widespread and destructive. Also, modern transnational crime has begun to use digitalization products for their own purposes - in the economy, banking, information and communication. Influencing the banking sector, extremists cash out virtual funds of state corporations. The personal data of millions of people are also at the disposal of extremists. Experts argue that the scale of modern financial crime already exceeds the proceeds of drug trafficking and that such a rapid cyber attack threatens the existence of the banking system, as well as the security of strategic and military installations. Thus, there is an increase in extremist threats in the era of digitalization. This, of course, added work to law enforcement agencies and special services. Counteraction to these phenomena must be carried out adequately to the new conditions. For this, we consider it expedient to “strengthen” the structure of law enforcement agencies with personnel who can act against “digitized” crime, since much more socially dangerous acts are committed in the virtual space at the present time than in the real world. It seems that there is no need to confirm the obvious: the forces of law enforcement agencies are not enough to counter digital extremism. It is necessary to consolidate with the banking sector, special services and specialized private structures. The creation of a single bank of information, where all signs of cyber attacks will be transmitted, will allow forming a common picture, identifying a common adversary and applying common measures. All this makes sense if a common reliable system is built, based on predicting the situation and taking into account potential risks for society and the state.
Gaps in Russian Legislation. 2022;15(4):209-213
pages 209-213 views

On Topical Issues of Countering Cyberterrorism Threats in the Conditions of Digital Transformation

Malaev A.K.

Abstract

This scientific work is devoted to the study of the causes of cyberterrorist threats in the context of digital transformation and ways to counter this phenomenon. It has been established that information is the most important attribute of the modern world, when its multivariance is a valuable tool for influencing public consciousness, and scientific and technological progress contributes to its lightning-fast distribution. The objectives of the study are to analyze the causes of cyberterrorist threats in the context of digital transformation. The production and use of information is a key aspect of the development of the socio-political system. The use of the possibilities of digital transformation, as well as computers and information and communication systems in all spheres of human life, is multifaceted and contradictory. On the one hand, such possibilities are a powerful potential for human development while learning, and on the other hand, they are the determinants of cyberterrorism, the consequences of which affect not only individual people, but entire states. Thus, the growth in the number of users causes an increase in the number of crimes committed in cyberspace. The global consequences of cyberterrorist threats is the fact that as a result of informatization of state and military structures, a new environment is determined - cyberspace, in which all competing states act. Thus, the identified trends clearly indicate the need to increase the importance of counteracting cyberterrorist threats for ensuring national security. And if earlier the information structure of Russia was not vulnerable to terrorist attacks due to the low proportion of automated operations, then modern realities required its modernization and technical re-equipment, which to a certain extent increased the threat of successful unauthorized intrusion into it by cyberterrorists. Consequently, the issues of countering these threats are only increasing. And the main problematic area in this case is the cross-border nature of these crimes, when the perpetrator of violent acts is located several hundred or even thousands of kilometers from the place of the terrorist act. This implies the absence of traces of the crime, which of course does not contribute to the quick search for the offender and bringing him to criminal responsibility.
Gaps in Russian Legislation. 2022;15(4):214-218
pages 214-218 views

Administrative Responsibility for Public Actions Aimed to Discredit the Use of the Armed Forces of the Russian Federation

Dugenets A.S., Kanunnikova N.G.

Abstract

Geopolitical processes have a significant impact on the stability of the functioning of any state. The Russian Federation, in the context of the conflict with Ukraine and the conduct of a special military operation in the Donbass, faced a large-scale development of illegal behavior, the basis of which is the misinformation of the population and information manipulation by foreign states. In this context, innovations in terms of regulating administrative and criminal liability for public actions, which are aimed directly at discrediting the process of using the Russian Armed Forces, are important. These innovations are unique and Russian legislation did not contain such norms before. In addition, despite the relatively recent introduction of the relevant norms, by now there is already a very extensive practice of bringing to administrative responsibility for the above-mentioned offense. The purpose of writing the presented work is a comprehensive analysis of administrative responsibility for public actions aimed at discrediting the use of the Armed Forces of the Russian Federation. The author comes to the conclusion about the timeliness of the introduction of administrative responsibility in the above area in the context of emerging challenges and threats to public order and security, as well as the stability of the functioning of the Russian state as a whole. Attention is focused on the fact that the current practice of bringing to responsibility under Art. 20.3.3 of the Code of Administrative Offenses of the Russian Federation is very ambiguous, since, on the one hand, many private actions can indeed be qualified according to the above administrative legal norm, on the other hand, at the moment there are no clarifications from the competent authorities on the specifics of bringing to responsibility for these offenses, which in the future may lead to arbitrariness on the part of law enforcement agencies. In this context, it seems very promising to develop appropriate methodological recommendations in order to exclude unreasonable restrictions on human rights and freedoms.
Gaps in Russian Legislation. 2022;15(4):219-224
pages 219-224 views

Prevention and Suppression by Law Enforcement Officers of Minors' Deviant Behavior

Gelyakhova L.A.

Abstract

Misconduct of minors has certain specific features. This fact is clearly demonstrated in the prevalence of certain types of antisocial and asocial actions of children and adolescents. The above persons under the age of 18 are in the process of becoming a personality, which is accompanied by dynamic changes in life views and guidelines. The appearance of deviant acts as a kind of signal about the potential vulnerability of these individuals to the implementation of illegal and criminal ideas in the future. In this regard, the close attention of law enforcement agencies to the problems of deviant behavior and its large-scale distribution among modern children and adolescents is justified. The purpose of the present study is the analysis of topical issues of prevention and suppression of deviant behavior of minors by law enforcement officers. The author comes to the conclusion that the modern system of law enforcement agencies provides for many mechanisms for preventing and suppressing the deviant behavior of minors, which seems to be quite justified, since at various stages of the formation of their personality, a prompt response from the competent services may be required. It is noted the need to take into account current trends in the spread of deviant behavior among minors in the activities of law enforcement officers whose competence is considered the stated issue. Attention is focused on the need for close cooperation between law enforcement agencies and educational institutions, as well as various public organizations in the prevention and prevention of deviant behavior of persons under the age of 18.
Gaps in Russian Legislation. 2022;15(4):225-229
pages 225-229 views

Recidivism: determinants and preventive measures

Kumysheva M.K.

Abstract

Recidivism is a complex social and legal phenomenon that poses a particular public threat. Recidivism is one of the most difficult to predict and difficult to regulate forms of crime, requiring a comprehensive approach to identifying its determinants and finding effective measures to prevent the commission of new crimes by persons who have a criminal record for committing premeditated crimes. The purpose of this article is to consider the features of recidivism in the Russian Federation, identify its causes and analyze possible measures to prevent recidivism. The research methodology is represented by a set of methods: analysis and synthesis, deduction, generalization, formal legal and legal modeling methods. Among the most effective measures to prevent recidivism, the author singles out administrative supervision over persons released from detention centers, the key task of which is individual preventive activities with these categories of people. At the same time, it is concluded that the basis for the prevention and precaution of recidivism should be not only monitoring compliance with the imposed prohibitions and restrictions, but also a set of individual preventive measures carried out by law enforcement officers with persons who have a criminal record and released from detention centers.
Gaps in Russian Legislation. 2022;15(4):230-233
pages 230-233 views

On the issue of countering illegal issuance of consumer credits in the Russian Federation

Shigalugova M.K.

Abstract

The population of the Russian state has begun to fully take advantage of the achievements of the development of the financial and credit system, which is demonstrated by a very extensive practice of obtaining credits for various purposes. The most common type of credit products at present are consumer credits, which is objectively due to the availability and ease of their execution. However, these characteristics of consumer lending are of interest not only to borrowers, but can also be used as part of illegal activities. Currently, in order to implement criminal intent, individuals who do not have the appropriate authority become active participants in credit legal relations, which ultimately leads to a significant violation of the rights and legitimate interests of borrowers on their part. In 2021, this problem was resolved by introducing Art. 171.5 of the Criminal Code of the Russian Federation, which fixed the responsibility for the implementation of activities for the provision of consumer credits (loans). The purpose of the study is the analysis of topical issues of countering illegal issuance of consumer credits in the Russian Federation. The author comes to the conclusion that Art. 171.5 of the Criminal Code of the Russian Federation has become one of the main elements of the existing mechanisms for countering illegal issuance of consumer credits, which is supposed to be actively used not only in the process of identifying and suppressing criminal behavior, but also the scope of legal consequences enshrined in the sanction of this criminal law norm can be considered as a deterrent factor for those who think about committing such an illegal act. Despite the fact that at present the content of Art. 171.1 of the Criminal Code of the Russian Federation raises many questions, it seems appropriate to wait for a certain practice of its application, which will clearly demonstrate individual weal points and problems.
Gaps in Russian Legislation. 2022;15(4):234-237
pages 234-237 views

Problems of Countering Drug Trafficking Using Internet Resources at the Present Stage

Urusov Z.K.

Abstract

An urgent problem in the modern world is the problem of countering drug trafficking through the Internet. In connection with the need to identify ways to counter this kind of illegal actions, the author defined the objectives of the study, which were the analysis of cryptocurrency drug trafficking, as well as drug trafficking through Internet resources - social networks and online stores. Also, one of the tasks was an insight into history, which gives an understanding of the causes and prerequisites for the spread of narcotic substances. The ultimate task was to find solutions to solve the stated problem. Summing up the results of this article, we came to the conclusion that the problem of countering drug trafficking through the Internet has acquired truly immense dimensions. In the article, the author analyzes the root of this problem through historical retrospection. This study provides a hierarchy of the criminal system from the organizer to the direct executor (dropper). The author talks in detail about the Internet platforms through which the illegal trafficking of prohibited substances is carried out. The article raises issues of: - cryptocurrency drug trafficking and the complete lack of domestic experience and legislative accounting for such crimes, - of Internet - as a way to legalize money received from the sale of drugs. The problem of recruiting underage children is shown, and the deliberate creation of drug addiction in them, in order to obtain a stable and obedient performer. A direct connection between the trade in narcotic substances and the financing of extremist and terrorist activities is indicated. The problem of recruiting underage children is shown, and the deliberate creation of drug addiction in them, in order to obtain a stable and obedient performer. The author suggests some ways to solve the identified problems, and also emphasizes the importance of timely warning schoolchildren and young people about the existing danger, explaining the consequences of using these substances and helping drug dealers. The importance of the spiritual and moral education of children and adolescents, the active involvement of psychologists and law enforcement officers in this process is emphasized. The improvement of the legislative base and the appeal to the positive experience of foreign states in the fight against illicit drug trafficking are substantiated. This paper also points to the need for domestic development of tracking software, through which the necessary data will be collected, analyzed and compared.
Gaps in Russian Legislation. 2022;15(4):238-245
pages 238-245 views

The Ban on the Import and Export of Certain Types of Goods as a Measure of Influence (Counteraction) Used to Ensure the Security of the Russian Federation

Abazova E.K.

Abstract

The political and economic processes taking place in the modern world, in which the Russian Federation is a participant, have a significant impact on the security, sovereignty and territorial integrity of the Russian state, and also affect its citizens. The sanctions imposed against the Russian Federation, individuals and legal entities are forcing the state to take radical response measures, including special economic measures and measures of influence (counteraction) on unfriendly actions of the United States of America and other foreign states, among which the most widely applicable ban on the import and export of goods from unfriendly foreign states. The article reveals the mechanism for applying a ban on the import and export of certain goods as a measure of influence (counteraction), analyzes the reasons for anti-Russian sanctions, focuses on the activities of customs authorities to monitor compliance with the established ban on the import or export of certain types of goods. The author concludes that it is necessary to develop and improve the economic sphere of the Russian state, including through the use of special economic measures and measures of influence (counteraction), in order to counteract unfriendly actions on the part of foreign states.
Gaps in Russian Legislation. 2022;15(4):246-250
pages 246-250 views

Cyber Attacks on Critical Information Infrastructure as a Threat to National Security

Abidov R.R.

Abstract

The purpose of this study was to study the development of information and communication technologies as the main source of cybercrime. Cybercrimes include crimes committed by using a personal computer to create virus programs, the purpose of which is to carry out computer attacks on objects of human vital activity. Cyber attacks threaten national security by destroying the physical system of the state, transferring control over these systems to a third party, and threatening the confidentiality of personal data. Today, cases of deliberate hacking of critical information infrastructure for the purpose of theft, espionage, intimidation, destruction, etc. have become more frequent all over the world. This is also done to aggravate conflicts up to armed confrontation. It has been established that for the sustainable development of the Russian Federation and its national security, a reliable and secure critical information infrastructure and an improved regulatory framework are needed. The introduction of new technologies is an objective process, but it remains unclear who and how their results will be used. Modern gadgets are equipped with programs based on artificial intelligence. All this can positively serve the goals of the state, special services and law enforcement agencies, or it can become an instrument of an illegal act in the hands of criminals. It is concluded that the entire security system should ensure the prevention of catastrophic consequences of hacker attacks that infringe on people's life support systems, power systems, railways, critical information structure, etc. And this task cannot be adequately solved by the efforts of one agency, i.e. forces of law enforcement structures are not enough to counteract cyber attacks. All major decisions should be made at the interdepartmental level with the involvement of high-tech specialists. This will help form a common picture, identify a common enemy and greatly simplify his prosecution for legal action. The viability of these measures can only be ensured by a common system built on the principle of reliability, based on forecasting the situation and taking into account potential risks for society and the state.
Gaps in Russian Legislation. 2022;15(4):251-255
pages 251-255 views

On the Issue of Developing a Comprehensive System of Social and Economic Measures to Prevent Crimes of Corruption

Khachidogov R.A., Martynenko O.V.

Abstract

Corruption currently affects almost all spheres of life of Russian society and the state. Despite the deliberate attention to the problems of corrupt behavior, the most effective activity at present is the identification and suppression of corruption offenses and crimes. However, this is not enough for a comprehensive counteraction against the above-mentioned illegal phenomenon, in connection with which the introduction of measures to prevent corrupt behavior is currently becoming particularly relevant. Modern preventive and precaution activities are mostly focused on a targeted impact on certain categories of the population through the implementation of a number of organizational and legal measures of an anti-corruption nature. In this context, it seems necessary to provide an integrated approach to preventing the large-scale spread of corrupt behavior. The purpose of the study is to determine the necessary social and economic measures to prevent corruption-related crimes. The author comes to the conclusion that the prevention of corruption crimes is of paramount importance at the present stage of development of the Russian state, since it is much more efficient to work with factors that contribute to the formation of corrupt behavior than to stop criminal activity and eliminate its negative consequences. The need to develop a comprehensive system of social and economic measures to prevent corruption crimes for a short period is noted, since in the context of the dynamic improvement of state and international practice in the modern world, these measures can quickly lose their relevance. Attention is focused on the dependence of the effectiveness of the above measures on their compliance with those problematic issues that most acutely arise in society in a specific period of time.
Gaps in Russian Legislation. 2022;15(4):256-259
pages 256-259 views

Organized Ethnic Crime as a Threat to National Security

Mukhtarov D.J.

Abstract

The purpose of this study was to study the formation of organized crime along ethnic lines. Organizations of criminal communities formed along ethnic lines are very popular. Such groups are formed according to nationality, uniting representatives of the same nationality. However, it is not the national composition of the persons in it that makes this group ethnic; the main feature of such a group is the national composition of the ruling elite. Thus, the creation of a group according to the indicated attribute makes it more cohesive and dangerous, and it is even easier to manage such a group than because representatives of the same nationality adhere to the same opinion on most issues and easily find a common language among them. Also, the advantage of such a group is the absence of conflicts on ethnic grounds, and all their relationships are subject to national traditions and are built on mutual respect. Groups created on the basis of ethnicity pose the greatest threat to national security for a number of reasons. The main one is hatred towards other nationalities and nationalities. Thus, society is in danger, due to the fact that every person with a different nationality can become the target of one or another ethnic group. He can be kidnapped for ransom, tortured, sold into slavery or for organs on the black market, or simply killed for fun. It has been established that organized criminal groups have existed and continue to exist, and it is necessary to fight against them, it is necessary to destroy them and bring their members to justice. If we want our country to develop in all areas - science, education, development of law and many others, then it is necessary to conduct a purposeful and systematic struggle against everything that hinders the prosperity of the country and the well-being of law-abiding citizens.
Gaps in Russian Legislation. 2022;15(4):260-264
pages 260-264 views

Crime in the Sphere of Information and Communication Technologies as a Problem of the Information Society

Khamurzov A.T.

Abstract

The purpose of this study was to study the impact of globalization and informatization on crime in cyberspace. In the era of globalization and digitalization, all data, personal information and most of the money of people are on electronic custodians, smart phones and personal computers. However, such a sharp transformation of society has a big minus, which was expressed in the development of such a negative phenomenon as cybercrime. Cybercrime is not yet a fully understood phenomenon and the methodology for combating it has not yet been fully formed. Cybercrimes include crimes committed by using a personal computer to create virus programs, and the commission of computer attacks or theft of personal information and funds of individuals and legal entities. The development of information and communication technologies is the root cause of the emergence of cybercriminals. The weakness of the law enforcement system in the fight against cybercrime is due to the fact that they did not encounter a large number of hacker attacks and most of them were carried out by incompetent hackers who made banal mistakes and it was easy to track them down and bring them to justice, unlike their Western counterparts, who I had to fight with top-level specialists who left no traces and worked from the shadows. It is almost impossible to track them down and catch them. Thus, it becomes clear that our law enforcement agencies do not have, as such, experience in dealing with cybercriminals, as a result of which they have the opportunity to commit crimes and go unpunished in most cases. To prevent such situations in the future, it is necessary to prepare future police officers to fight cybercrime. To do this, in the process of training, they must study the experience of Western intelligence agencies in countering cybercrime. As a result, we will get specialists in the fight against cybercrime at the headquarters, whose task will be to suppress and prevent the commission of cybercrimes.
Gaps in Russian Legislation. 2022;15(4):265-269
pages 265-269 views

Reform of the Social Sphere and Personal Development as Components of the Program Provisions of the Stolypin Concept Modernization of Russia

Kazanina L.Y., Shurukhnov N.G.

Abstract

The article briefly presents some biographical data of the statesman of the reign of Nicholas II, his devoted Chairman of the Council of Ministers, P.A. Stolypin. Based on historiographic studies by L.Yu. Kazanina, including an analysis of the periodical press of the beginning of the twentieth century, documents that make up the concept of reforms of P.A. Stolypin, comprehending the content of his various speeches, separate components of the program for the reconstruction of Russia are distinguished. The authors present components of the program such as taxes and personal social security.
Gaps in Russian Legislation. 2022;15(4):270-275
pages 270-275 views

Legal Regulation of Biomedical Experimental Research and Human Rights

Volkova E.I., Khapsirokova E.A.

Abstract

The purpose of the research. The article examines the legal regulation of biomedical experimental research as a necessary condition for the implementation of such experiments in the field of treatment and prevention of diseases within the framework of human rights. International acts, the Constitution of the Russian Federation, and national legislation proclaim full awareness and the need for the voluntary consent of the persons participating in the experiment. Such restrictions are conditioned by the requirements of observance, protection and protection of human rights, respect for personal dignity, but do not exclude restrictions of such rights when certain circumstances occur. The aim of the study is to study the theoretical foundations of the legal regulation of biomedical experiments, legislative consolidation and judicial practice on the implementation of relevant legal norms at the national and supranational level, to determine the features of law enforcement on the example of vaccination with experimental vaccines against COVID-19. Results. As a result of the conducted research, the authors come to the conclusion that the expansion of the possibilities of biomedical experiments due to emergency circumstances (epidemics, pandemics, the threat of mass diseases and mortality) occurs in accordance with the accepted legal regulation. The authors believe that the state needs to take into account the cautious attitude of society towards biomedical experimental research in the form of vaccination with experimental vaccines, minimizing public and personal concern through further specification of regulatory regulations and law enforcement.
Gaps in Russian Legislation. 2022;15(4):276-283
pages 276-283 views

Conceptual Approaches to Understanding Civil Society in Modern Law

Zelentsov A.B., Gatsolati V.E.

Abstract

Civil society is currently the guarantor of the sustainable development of the rule of law and the source of positive transformations in various spheres of society. The growing interest in the category of "civil society" in modern jurisprudence has actualized the task of building a holistic concept of civil society. The article discusses the main conceptual approaches to understanding civil society in modern jurisprudence and determining its relationship with the state. An analysis is made of the characteristics identified by Russian and foreign researchers as the hallmarks of civil society. The models of interaction between the state and civil society, distinguished in domestic and foreign jurisprudence, are considered. The forms of interaction between the state and civil society are considered, their classification is carried out. Based on the results of the study, a conclusion was formulated on the expediency of using the concept of civil society organizations as the basic concept of civil society in modern legal science.
Gaps in Russian Legislation. 2022;15(4):284-292
pages 284-292 views

Features of Legal Regulation of Labor and the Status of Foreign Laborin the Russian Federation

Buyanova A.V.

Abstract

The article is devoted to highlighting the features of the legal regulation of the labor of foreign labor in Russia. The article analyzes the current Russian legislation on the procedure for attracting and using the labor of foreigners, including the latest, as well as issues of job quotas. The rights and obligations of foreign workers, guarantees of their work, as well as responsibility are disclosed. Special attention is paid to the analysis of the concepts of "migrant worker", "migrant worker", "foreign worker". The author formulates a conclusion about the need to unify these concepts found in international documents. In conclusion, the author substantiates the proposal to include a new chapter in the Labor Code of the Russian Federation regulating the procedure for attracting and using certain categories of foreign workers (including scientific and pedagogical workers).
Gaps in Russian Legislation. 2022;15(4):293-300
pages 293-300 views

Historical Aspect of the Institute of Subordination in Bankruptcy Law: «Soft» and «Hard» Model of Subordination

Rusakova E.P., Zaytsev V.V.

Abstract

The relevance of the article is dictated by the fact that the institution of subordination in the bankruptcy law of Russia is at an early stage of development, the lack of legislative regulation, controversy, and unresolved issues. The author has set a goal to study the historical development of subordination in Russia, as well as to study the experience of development in foreign countries, in particular in Germany and Austria. The tasks include the analysis of the formation of subordination in Russia, the study of judicial practice that initiated the application of subordination of requirements in Russia. Also, the study of the subordination models of Germany and Austria as the most influential on the formation of subordination in Russia. The author concludes that the beginning of the development of subordination in Russia was laid down by the judicial practice of Russian courts, the intermediate link that consolidated subordination and approved a few rules for the application of subordination is the Review of Judicial Practice adopted by the Supreme Court of the Russian Federation dated 29.01.2020, which consolidated the Austrian model of subordination.
Gaps in Russian Legislation. 2022;15(4):301-306
pages 301-306 views

Deals Made by an Individual in the Russian Investment Platform

Matytsin D.E.

Abstract

The purpose of this research work is to provide an answer to the question, based on the disclosure of the legal algorithm for the functioning of the investment platform, to what extent the entrepreneurial activity of the investment intermediary - the operator of the investment platform is optimally regulated by the Legislator. In addition, to what extent the current legal order facilitates, accelerates, simplifies the making of investments by investors, and by recipients of investments - attracting capital to their projects. The author substantiates that the interaction of the participants of the investment platform should be organized within the framework of a single agreement, in which the platform operator, the investor, the person attracting investments will act as parties, a single agreement should be technologically executed on the investment platform according to the smart contract algorithm. This will allow you to automatically make money transfers and keep records of data on each stage of the transaction executed using the investment platform on the depository and registration platform functioning as a special electronic service on the website of the Bank of Russia. Fixing the facts of transactions made using the investment platform should be carried out in the system of a polysubject jurisdictional blockchain. Six entities (two private and four public) operating on the territory of the Russian Federation should be combined into a polysubject blockchain scheme.
Gaps in Russian Legislation. 2022;15(4):307-316
pages 307-316 views

Establishing the Percentage Compensation of the Insolvency Receiver in Satisfying the Claims of Subordinated Creditors

Voronov F.A., Kopchenov Y.A.

Abstract

The article considers situations of potential conflict of material, personal interest of the insolvency receiver and the interests of other participants of the bankruptcy case in relation to the establishment of compensation of the insolvency receiver for the repayment of claims, which are taken into account in the order preceding the distribution of the liquidation quota. The article illustrates the imperfection of the current legal regulation in this regard. It is proposed to reform the current regulation based on the principle of reasonableness, expressed in the calculation of interest based on the amount of payments that the receiver used to repay creditors' claims, regardless of their legal status.
Gaps in Russian Legislation. 2022;15(4):317-328
pages 317-328 views

Patterns of Competition of Criminal Law Norms on Exemptionfrom Punishment

Andrianov V.K.

Abstract

Problem statement. The current version of Chapter 12 of the Criminal Code of the Russian Federation of 1996 has seven types of exemption from punishment. Such a variety of criminal law norms on exemption from punishment often creates in practice a situation of competition between them, in which there is a need to choose the norm to be applied. Such competition is also intensified by those types of exemption from punishment that are outside this chapter (Articles 73, 84, 85, 92 of the Criminal Code of the Russian Federation). The purpose of writing the article. This article is aimed at identifying cases of possible competition of criminal law norms on exemption from punishment and substantiating the rules for its resolution. Conclusions. The conducted research made it possible to substantiate the legal and factual approach to the choice of the norm on exemption from punishment to be applied and to formulate general and particular rules for resolving competition between the norms on exemption from punishment.
Gaps in Russian Legislation. 2022;15(4):329-335
pages 329-335 views

Essence and Content of the Concepts «Access to Justice» in Criminal Process

Shalagina Z.A., Prokofeva S.M.

Abstract

The purpose of the research. Accessible justice makes it possible to ensure the realization of fundamental human and civil rights and freedoms. Access to justice acts as a guarantee of the right to judicial protection enshrined in the Constitution of the Russian Federation and ensures its obtaining with the help of legislatively enshrined legal procedures. The problem of citizens' access to justice occupies a key place in the criminal process in relation to the modern conditions of the existence of civil society in a state governed by the rule of law. Numerous violations and restrictions of human and civil rights and freedoms at the pre-trial stages of the criminal process indicate that the participants in the criminal process do not have a real opportunity to exercise the right to access to justice. One of the reasons for this negative phenomenon is the absence of the concept of “access to justice in criminal proceedings” enshrined in the legislation. Results. The authors come to the conclusion that the concept, features and content of access to justice in criminal proceedings should be considered as one of the most important means of protecting the rights and freedoms of man and citizen. The necessary legal elements that make up the mechanism for the implementation of access to justice are outlined. The authors draw attention to the legal positions of the European Court of Human Rights on access to justice. The position that access to justice should be considered as a legally guaranteed opportunity for a person and a citizen to turn to judicial protection for the restoration of their violated rights and freedoms has been substantiated. The author's definition of the concept of "access to justice in criminal proceedings" is proposed.
Gaps in Russian Legislation. 2022;15(4):336-340
pages 336-340 views

Criminal Responsibility of Employer for Non-Fulfillment or Improper Fulfillment of Obligation to Pay Wages: Substantive and Procedural Aspects

Zubova A.O., Alekseeva E.S.

Abstract

Purpose of the study. The article presents an analysis of Russian legislation on the violation of the employee's right to remuneration for work. Both the substantive and legal grounds and the trial procedure for bringing the employer to responsibility for the crime under Art. 145.1 of the Criminal Code of the Russian Federation. The authors note that the violation of the payment of wages in practice manifests itself in two forms: 1) the employer does not fulfill the obligation to pay wages; 2) the employer improperly fulfills the obligation to pay wages. Conclusions. Based on the study, the authors substantiate the need to amend the criminal law, and also propose measures aimed at improving the efficiency of criminal proceedings in this category.
Gaps in Russian Legislation. 2022;15(4):341-350
pages 341-350 views

Initiation and Consideration of a Criminal Case of Private Prosecution under Art. 116.1 of the Criminal Code of the Russian Federation: Problems of Legal Regulation and Judicial Practice, Directions for Improving Criminal Procedure Legislation

Shigurova E.I., Shigurov A.V.

Abstract

Purpose of the study. The article discusses the gaps that arose in 2018 in the regulation of the procedure for initiating and considering a criminal case of private prosecution under Art. 116.1 of the Criminal Code of the Russian Federation and the related inconsistency of judicial practice. Conclusions. The authors propose to include in Part 2 of Art. 20 of the Code of Criminal Procedure of the Russian Federation, the norm that a criminal case on a crime under Art. 116.1 of the Criminal Code of the Russian Federation, is initiated and considered by the district court in the manner prescribed by Ch. 41 Code of Criminal Procedure of the Russian Federation. Prior to the introduction of these changes, the only legal option for initiating a criminal case under Art. 116.1 of the Criminal Code of the Russian Federation is the filing of an application with the territorial internal affairs bodies with reference to Part 4 of Art. 20 of the Code of Criminal Procedure of the Russian Federation (the inability to protect one's rights and legitimate interests by filing an application in a private prosecution case with the district court, to whose jurisdiction this case is referred to article 31 of the Code of Criminal Procedure of the Russian Federation). In order to substantiate the legitimacy of such a procedure for initiating a criminal case, the victim or his legal representative has the right to refer to the practice set out in the article of refusal of district courts to accept applications in a private prosecution case under Art. 116.1 of the Criminal Code of the Russian Federation in connection with the gaps in the current criminal procedure legislation.
Gaps in Russian Legislation. 2022;15(4):351-357
pages 351-357 views

Official Negligence of Law Enforcement Officers

Pomnina S.N., Ogrina M.V.

Abstract

Official negligence as a kind of deviant behavior, consists in deviation from the norms of responsibility, care and integrity in the workplace, which are especially important in conditions of strict regulation of the activities of law enforcement officers. This form of deviation, due to the presence of personal, emotional and motivational characteristics of employees of the relevant structures, is usually characterized by violations of the established service discipline, which leads to a decrease in the efficiency of the law enforcement system and discredits the image of a law enforcement officer in the eyes of society. Particular issues of the analysis of liability for negligence by law enforcement officers are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norm specified in the Article 293 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: An in-depth study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of the actions of law enforcement officers that constitute a breach of good faith or negligence in the performance of his or her official duties. Conducted constructive analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility of law enforcement officers for committing a crime under article 293 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Eliminating these problems will help to increase the effectiveness of the application of this norm. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.
Gaps in Russian Legislation. 2022;15(4):358-369
pages 358-369 views

Prevention Domestic Violence in France

Magomedov A.A.

Abstract

The working group has been created to develop a Prevention Domestic Violence Bill in 2019. Similar legislative initiatives have previously been proposed. The article discusses foreign experience in combating domestic violence. It is shown that France has an effective system of measures against domestic violence. This experience and approaches in criminal policy can be used in Russia when adopting such a law. It is, in particular, about the recognition of domestic violence as a qualifying factor.
Gaps in Russian Legislation. 2022;15(4):370-378
pages 370-378 views

Ways to Improve the Principles of Russian Criminal Law

Balasanov M.R.

Abstract

The purpose of the research. The article considers the problem of the content of the system of principles of domestic criminal legislation. The legal positions of the European Court of Human Rights, the Constitutional Court of the Russian Federation, the Decisions of the Plenum of the Supreme Court of the Russian Federation, international and foreign criminal legislation are analyzed, and the writings of scholars are studiedlegal scholars in the field of principles of law. In October 2021, the author conducted a sociological study on the optimization of the principles of Russian criminal legislation, in the framework of which the staff of the judicial system and law enforcement agencies, as well as lawyers of the Moscow region, of which a total of 45 persons. The aim of the study is to identify ways to improve the principles of Russian criminal legislation. Results. As a result of the research, the author concludes that it is expedient to supplement the system of principles of Russian criminal legislation with the principle of legal certainty and the principle of inevitability of criminal responsibility. The singling out of these principles is conditioned by their theoretical and practical significance, which is expressed both in law enforcement activities and in the law-making process. Their implementation in criminal legislation will have an impact on the quality of criminal-law regulations, respect for the general legal guarantees of individuals and citizens, and will also contribute to the achievement of the objectives of domestic criminal legislation.
Gaps in Russian Legislation. 2022;15(4):379-388
pages 379-388 views

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