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Vol 16, No 4 (2023)

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Конференции

International Scientific and Practical Conference "Combating Crime: Actual Problems of Theory and Practice" May 19, 2023

Berova J.M.

Abstract

On May 9, 2023, the North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia turned 91 years old.

Gaps in Russian Legislation. 2023;16(4):17-18
pages 17-18 views

Criminalistic, procedural and operative-search measures to counter crime in the globalization conditions

Criminal Procedural Measures to Ensure the Safety of Participants in Criminal Proceedings Under Standard and Special Conditions

Gauzhaeva V.A., Safronov D.M.

Abstract

Procedure of the Russian Federation in terms of the availability and quality of provisions that ensure the safe participation of individuals in conditions that threaten their life and health.

The article deals with conditions that threaten life, health, property of participants in the criminal process, a classification of such conditions is proposed; the existing security measures provided for by the Code of Criminal Procedure of the Russian Federation are described from the point of view of their consistency and elaboration, conclusions are drawn about the shortcomings of the legislation and directions for its further adjustment.

The results of such a generalization can be used in the practice of preliminary investigation bodies, for further theoretical research, preparation of scientific papers and for solving practical problems in the field of criminal proceedings under standard and special conditions.

Gaps in Russian Legislation. 2023;16(4):19-24
pages 19-24 views

Cyberterrorism as a Modern Threat to State Security

Zhukov A.Z., Ogorodnikov M.A.

Abstract

The security of the state is ensured through the use of a whole range of tools. The active development of the whole society, the increased pace of digitalization and globalization contribute to the emergence of new threats to the state, its national security as a whole. One of such threats that appeared in the 21st century is presented in the form of information terrorism, which has also received another name "cyberterrorism". The traditional forms of terrorism and extremism that spread in the 20th century have been replaced by cyberterrorism. Cyberterrorism is one of the global problems that violate the stability, integrity and security of the modern state. One of the problems associated with information terrorism is the rapid pace of its spread and the lack of geographical boundaries. This, in turn, complicates the fight against a new threat to national security, which requires the development of new approaches, methods, and instruments of counteraction at the state level. In the Russian Federation, in the current conditions, increased attention is paid to issues of ensuring national security, and in particular to ensuring information security. Modern wars are informational in nature, since information is one of the most valuable resources. The ongoing events in the world, the tension in international relations, the emergence of contradictions in society provoked an intensification of the information struggle. Information propaganda becomes one of the tools for violating the national security of the state. Cyberterrorism is spreading at a very fast pace under the current conditions. There are cases in history when it was terrorism that led to the destabilization of the situation in the state, the change of political power. In general, these events make it possible to consider cyberterrorism as one of the main threats to the national security of the state.

Gaps in Russian Legislation. 2023;16(4):25-29
pages 25-29 views

Problematic Aspects of the Investigation of Crimes Related to the Sale of Narcotic Drugs Via the Internet

Chechenov A.A.

Abstract

The purpose of this article is to consider the specifics of the sale of narcotic drugs via the Internet. Contactless devices are on trend today. The article discusses popular messengers of distributors of prohibited substances, as well as the complexity of investigations of the category of these cases.

Conclusions: the main problems in the investigation of crimes related to the sale of narcotic drugs via the Internet are electronic means of communication and settlements. As a rule, such contactless methods of interaction minimize personal communication, there are no names, only nicknames under which they are registered in the network.

The development of digital technologies contributes to the fact that payments can be made in many ways today: these are electronic wallets, bitcoins, and credit cards. A large number of foreign systems allow for electronic money transfer without opening a bank account, these include "Anelik", "Uniastrum", etc.

The "selection" of service personnel is also carried out through the network, since pre-sale preparation, packaging, packaging, and bookmark are needed for drugs. These persons also practically do not overlap.

All these aspects significantly complicate the investigation, therefore, almost the only clue is the technical components of the criminals' activities, namely computers, telephones, payment cards, etc., on which it is possible to conduct an examination and at least confirm the receipt of money from suspicious accounts, to detect secret correspondence, photos of places of "bookmarks".

Gaps in Russian Legislation. 2023;16(4):30-37
pages 30-37 views

Comparative Analysis of Some Means of Countering Discovery of Crimes in the Sphere of Illegal Drug Traffic Committed with the Use of the Internet

Bitov A.A.

Abstract

Internet drug trafficking is becoming an increasingly common form of criminal activity. The means of counteracting the disclosure of crimes in the field of drug trafficking committed using the Internet must meet modern requirements. It is necessary to develop new methods to counter the spread of this type of crime. It is becoming more and more difficult for law enforcement agencies to carry out the fight against drug trafficking committed using the global network. The complexity of counteraction lies in the need to apply special knowledge and attract specialized specialists. The emerging negative trend in the Russian Federation requires special attention from government agencies represented by law enforcement agencies. It should be noted that the use of the global Internet contributes to an increase in the number of drugs in circulation. The use of the Internet makes it possible to attract an increasing number of people to the use of narcotic drugs, especially young people, who are the most active category using the Internet. One of the problems is the decrease in the age of people who use drugs, which is also facilitated by the use of the possibilities of the global network. The above circumstances greatly complicate the disclosure of crimes related to drug trafficking in the global network. It should also be noted that drug traffickers are improving their methods of selling through the global network, using more and more resources, and increasing their knowledge in the field of information technology. Quite often, using the global network, underage persons are attracted to the distribution of drugs. In general, this is a threat to the health, social and economic development of society. Under the current conditions, it is necessary to constantly improve the system of counteracting the spread of drugs on the Internet

Gaps in Russian Legislation. 2023;16(4):38-41
pages 38-41 views

Problematic Aspects of the Use of Preventive Measures in Criminal Proceedings

Tembotov R.A.

Abstract

It is difficult to overestimate the importance of the institution of preventive measures in the implementation of the goals and objectives of the criminal procedure legislation. Combining several functions at the same time, the application of measures of procedural influence on a person pursues goals aimed at protecting the interests of society and the state, expressed in the need to prevent, prevent and combat crime.

The absence of a legal interpretation of preventive measures causes the presence of many definitions in the doctrine. At the same time, the unanimity of opinions of scientists boils down to the fact that preventive measures are a kind of procedural measures and are associated with psychological, physical and other impact on the suspect and the accused, and in some cases, the restriction of fundamental human rights and freedoms. In this regard, the author substantiates the expediency of introducing a legal definition of a preventive measure or concretizing it in the definition of a specific measure.

The article is devoted to the consideration of the specifics of the application of preventive measures in criminal procedural legal relations. The author analyzes the purpose of the application of these measures, the functions performed by these measures, highlights the signs of preventive measures in criminal proceedings, as well as some problematic aspects of their application in the process of investigating criminal cases.

Gaps in Russian Legislation. 2023;16(4):42-46
pages 42-46 views

Current problems of training and development of internal affairs staff in modern conditions

On some peculiarities of teaching the discipline "Military topography" to students studying under the basic programme of vocational training (professional training) for employees of special forces units of the territorial agencies of the Russian Guard on the position of "Police officer"

Shkhagapsoev Z.L.

Abstract

In modern complex geopolitical environment, when law enforcement officers need to be prepared to perform service and combat tasks in special conditions, special training of employees, including topographic training, is an important component of the professional training of students studying in educational institutions of the Ministry of Internal Affairs of Russia.

In accordance with Article 25 of the Federal Law "On the National Guard Troops of the Russian Federation" [2], the training of officers of the National Guard Troops can be carried out both in subordinate training military units (centers), and on the basis of an agreement concluded with educational organizations (training centers) of other federal executive authorities.

The North Caucasian Institute for Advanced Studies (branch) Krasnodar University of the Ministry of Internal Affairs of Russia is implementing the main vocational training program “Vocational training of employees of special forces units of the territorial agencies of the Russian Guard for the position of a Police Officer” on a contractual basis (Agreement on the interaction of the Ministry of Internal Affairs of the Russian Federation [3] and Federal Service of the National Guard Troops of the Russian Federation on personnel training No. 1/10252, 1/1930 dated 07.10.2016; supplementary agreement dated 06.11.2019 No. 1/6226, 1/6-MVS).

The educational programme being implemented involves the acquisition by students of general professional and professional competencies necessary for the effective performance of professional activities in accordance with their job regulations (instructions), including in conditions associated with the use of special means, firearms and physical force. At the same time, it should be noted that out of 514 academic hours that make up the total labour intensity of the programme, 396 academic hours (72 percent of the total training time) are devoted to studying the disciplines of the professional cycle, which includes such disciplines as "Tactical and special training", "Fire training", "Altitude training (facade mountaineering)", "Special physical training", "Military topography" and other disciplines of this cycle. It is on the level and efficiency of mastering these disciplines that the success of the future employees of the National Guard Troops in their service and combat tasks, including in special conditions, depends. The purpose of the study is the most optimal implementation of the competence-based approach in the study of the discipline "Military topography", which provides for the widespread use in the educational activities of the Institute of various active forms of training that contribute to the effective formation and development of special (individual, group, technical) skills of officers of special forces units.

Gaps in Russian Legislation. 2023;16(4):47-51
pages 47-51 views

Special Physical Training in Educational Organizations of the Ministry of Internal Affairs of Russia

Khazhirokov V.A.

Abstract

The purpose of this study is to study the potential of special physical training in the process of teaching students of educational organizations of the Ministry of Internal Affairs of Russia the skills of using combat techniques of wrestling, the development of special motor and physical qualities. Special physical training is a set of exercises and trainings aimed at developing specific physical qualities necessary for the successful performance of a particular sport. This may include working on strength, speed, endurance, flexibility, coordination of movements and other aspects. It is carried out in the usual physical training of a person after reaching a sufficiently high level of its general variants. However, special physical training can also be carried out at a professional level to prepare students for effective future service. It helps students to improve their technique, improve physical performance, gain confidence in their abilities and achieve the highest results.

It is established that special physical training is aimed at the formation of special motor skills. Listeners should be strong, fast, flexible, hardy and agile. However, the balance between all these indicators is very important. Training in special fighting techniques in educational organizations of the Ministry of Internal Affairs of Russia usually takes place in practical classes, where students learn the techniques of performing techniques, practice their application in various situations.

It is concluded that the complexity of special physical training lies in the fact that the classical methods used to raise general physical fitness are not suitable and as a result teachers face a number of difficulties. Firstly, if we are talking about the preparation of the listener within the framework of special physical training, then we cannot ignore the individuality of each person, which means that teachers need to use a variety of techniques, systems, including exercises in their arsenal. Only an individual approach will allow them to achieve the desired results.

Gaps in Russian Legislation. 2023;16(4):52-62
pages 52-62 views

The Role of Independent Training in the Discipline "Physical Training" in Educational

Meshev I.K.

Abstract

The purpose of this study is to study the potential of independent physical training in the process of retraining and advanced training of students of educational organizations of the Ministry of Internal Affairs of Russia. In order to meet all the requirements and successfully complete the tasks assigned to police officers, they must devote a lot of time to deepening their knowledge and improving their skills. This is especially true for physical fitness. It occupies a special place, because over time the health of police officers does not get better, but on the contrary it gets worse, so it is very important to maintain your health and physical fitness in optimal condition. To do this, they have to resort to the use of independent exercises from general and special physical training. It has been established that independent physical training can be used as a tool to maintain physical performance at the required level. However, if you look at this phenomenon from a slightly different angle, you can generally treat it as a process that will improve physical performance at a distance. However, this will rather concern younger listeners, whose health, due to age, allows them to carry much greater loads, and accordingly their independent training should and will differ from the training of age-old listeners, which, as we noted, will allow them to improve in this way.

It is concluded that the systematic and comprehensive use of elements of physical culture and sports with their inclusion in the daily routine and lifestyle will help a police officer to get rid of constantly accumulating stress, as well as to perform job duties competently throughout his professional activity without prejudice to health, to have moral satisfaction with the results of his work.

Gaps in Russian Legislation. 2023;16(4):63-67
pages 63-67 views

Organizational Aspects of Physical Training in Educational Organizations of the MIA of Russia

Nastuev E.B.

Abstract

Police officers must be prepared to serve in any conditions, including extreme ones. This requires a high level of physical fitness. Physical training is one of the main professional qualities, the formation and development of which takes place in educational institutions of the Ministry of Internal Affairs of Russia.

In the educational process, physical training is given a special role, because through physical exercises, the readiness of future police officers to use physical force is formed.

The main goal was to consider the specifics of the implementation of physical training in educational organizations of the Ministry of Internal Affairs of Russia. The methodology of this article is based on the analysis of various normative, theoretical provisions and literary sources on the issues under consideration. Based on the analysis of theoretical studies, methodological approaches, the organizational aspects of physical training in educational institutions of the Ministry of Internal Affairs of Russia were determined, the variety of forms, methods and means used in the process of physical training was noted, the main directions of practical training on the formation of motor skills and abilities were identified.

Gaps in Russian Legislation. 2023;16(4):68-72
pages 68-72 views

Formation of Motivation of Students in Educational Organizations of the Ministry of Internal Affairs of Russia in the Discipline «Physical Training»

Kodzokov A.K.

Abstract

This article examines the key aspects of the formation of motivation for physical culture and sports among students of educational organizations of the Ministry of Internal Affairs of Russia. In the educational organizations of the Ministry of Internal Affairs, great importance is attached to the development and strengthening of the health and physical indicators of students. Poor physical fitness directly affects the success of the activities of employees of the internal affairs bodies, their status, merits and the need to treat their representatives with respect. Therefore, in order to achieve an appropriate level of physical perfection, it is necessary to develop the habit of playing sports and maintaining one's condition by systematically receiving loads and performing various sets of exercises. An important component for the constant occupation of the dispute is the right motivation, which is a combination of internal and external factors to achieve the goals.

It was established that one of the key aspects of motivating students in the field of physical training is the choice of the optimal method of classes. The methods used should correspond to the level of students' training, as well as their goals and interests. For example, the use of innovative technologies in the learning process, such as interactive videos, computer games, etc., can increase the motivation of students and interest them in participating in classes. However, in addition to choosing the optimal methodology, proper organization of classes is also necessary.

It is concluded that the probability that it will be possible to solve the problem with the motivation of listeners in any of its manifestations once and for all is extremely small, but this does not mean that it is not necessary to pay attention to it and continue to ignore it. It is necessary to develop an effective methodology to increase motivation and use it on a systematic basis, regardless of the current level of motivation of listeners.

Gaps in Russian Legislation. 2023;16(4):73-77
pages 73-77 views

Physical Culture and Sports as the Main Component of Improving Professionally Important Physical Qualities of Employees of the Department of Internal Affairs of Russia

Afov A.K.

Abstract

This article examines the key aspects contributing to the improvement of professionally important physical qualities in the student contingent of students – employees of the Department of Internal Affairs in physical training classes through exercises from physical culture and sports. Professionally important physical qualities are those qualities that directly affect the successful performance of the tasks assigned to the police officer. Namely, such indicators as strength, endurance, flexibility, agility and speed.

As practice shows and the requirements imposed on the employees of the Department of Internal Affairs, physical training is undoubtedly important and stands apart. However, the existing methodology and some systems that are most often used by teachers are aimed at the formation of minimum physical indicators, which are a kind of entry threshold for training and mastering various techniques and movements. But this is not always enough, because in their professional activities, law enforcement officers have to face various situations that do not allow teachers to use classical methods to prepare students.

It is established that physical culture and sports are the basis of any methodology that is used in the physical training of students within the walls of educational organizations. Sport, among other things, has a strong influence on the psychological preparation of students. Due to the specifics of the contingent, physical training teachers prefer various game sports. These sports include team games such as football, basketball, volleyball, as well as individual games such as tennis, table tennis, badminton, etc. Game sports contribute to the improvement of the cardiovascular system, improve respiratory functions, increase energy levels and improve mood.

It is concluded that physical culture and sports are the most important elements of maintaining a healthy lifestyle. Exercises and sports allow you to maintain physical fitness, strengthen the cardiovascular system and the body as a whole.

Gaps in Russian Legislation. 2023;16(4):78-82
pages 78-82 views

Formation and Development of Physical Qualities of Students of Educational Organizations of the Ministry of Internal

Gubzhokov A.H.

Abstract

This article examines the physical qualities that students of educational organizations of the Ministry of Internal Affairs of Russia develop in order to maintain a high level of efficiency and health. It is known that the main aspect in the formation and development of physical qualities of students of educational organizations of the Ministry of Internal Affairs is a healthy lifestyle. This includes proper nutrition, regular exercise, adequate rest and sleep. Educational organizations of the Ministry of Internal Affairs can carry out appropriate work to promote a healthy lifestyle among their students.

Specialists of physical culture and sports note that the main physical qualities that are formed and developed by students of educational organizations of the Ministry of Internal Affairs of Russia are: strength – the ability to resist resistance and move heavy objects using muscle tension; endurance – the ability to maintain physical activity for a long time, cope with fatigue and recover after exertion; agility – the ability to move quickly and flexibly, change the direction of movement, control your body; speed – the ability to react quickly to situations, move quickly and accurately; flexibility – the ability to bend and stretch, maintain a normal level of mobility and guarantee safety when performing operations. For the development of these qualities, certain exercises are necessary. There are a number of techniques and exercises that allow you to better work out certain muscle groups or individual indicators. However, different techniques and different sports are also needed to develop different indicators of physical strength. It will be impossible to develop all the qualities to a certain level by resorting to only one technique or sport. One way or another, one of the indicators will sink, and in order to level these indicators, it is necessary to use certain techniques and exercises from various sports.

Gaps in Russian Legislation. 2023;16(4):83-87
pages 83-87 views

Training of Students of Educational Organizations of the Ministry of Internal Affairs of Russia in the Skills of Using Combat Techniques of Wrestling in Physical Training Classes

Dottuev T.I.

Abstract

This article examines important aspects of teaching students of educational organizations of the Ministry of Internal Affairs of Russia the skills of using combat techniques of wrestling. In particular, special attention is paid to the production of forcible detention of the offender. Methods of forcible detention are a complex of blows, combat techniques, as well as the use of various objects aimed at forcing a criminal to stop with the use of brute physical force by police officers in situations that pose a particular threat to the life and health of police officers themselves or citizens who are currently in close proximity to the place where the criminal is detained.

It should be noted that the use of physical force or firearms and other items by employees (for example, a rubber baton) is clearly regulated by law and implies their use only in cases and situations where the methods of detention are not powerless and are primarily aimed not at injuring the offender, but at depriving the offender of resistance or harm, if possible, health and life of both police officers and civilians. If, on the other hand, it turns out that a police officer exceeded his authority and caused excessive harm to the detainee's health, incompatible with the danger of his act, then the police officer will be punished in accordance with the law. This concerns the legal side of the issue of the use of methods of forced detention.

It is concluded that in order to effectively perform their official duties and ensure the safety of citizens, first of all, every police officer should be able to protect himself. In addition to the techniques of forcible detention, employees also master strikes and throws – this is only part of the work, another part of the work is direct knowledge of the laws governing the use of police officers, the ability to move in space, which also needs to be developed, a special way of thinking that is inherent in representatives of martial arts.

Gaps in Russian Legislation. 2023;16(4):88-92
pages 88-92 views

Formation of Physical Fitness of Students in Educational Organizations of the Ministry of Internal Affairs of Russia in the Process of Mastering Combat Techniques of Wrestling

Krymshokalov A.Z.

Abstract

In this article, the methods of mastering combat techniques of wrestling and the formation of physical fitness on their basis among students of educational organizations of the Ministry of Internal Affairs of Russia are studied.

It is established that the main criterion for the successful application of wrestling techniques is the correct and refined technique, but physical indicators also play an important role. In this regard, when students are directly confronted with the fact that insufficient physical fitness does not allow them to fully master the techniques of wrestling, they make significant efforts to solve this problem. However, the main thing in this context is not even this, but the fact that wrestling techniques themselves are the same exercises as pull-ups or working with weights, when listeners have to make efforts and use strength and other aspects of their physical development to make a movement. Only in this case, a partner acts as a weight, or a layout on which various techniques are performed. In addition, the use of wrestling techniques contributes to the development of physical indicators of listeners and helps them become stronger and more resilient.

It is concluded that the problem of poor physical fitness of students of educational organizations of the Ministry of Internal Affairs of Russia can lead to serious consequences, such as missed crimes, poor response to dangerous situations, injuries and insufficient work efficiency. In addition, poor physical fitness can also negatively affect leadership education and discipline in the police corps. To solve the problem, it is necessary to introduce systematic physical training, as well as increase the standards of recruitment and selection of candidates for military service in the police corps. If we do not develop the latest methods of using information technologies that will be effective not only today, but also in the future, then in the near future we will not be able to catch up and overcome crime in whatever form it is expressed.

Gaps in Russian Legislation. 2023;16(4):93-97
pages 93-97 views

Modern Problems of Physical Training of Employees of Internal Affairs Bodies and Ways to Solve Them

Tkhazeplov R.L.

Abstract

This article examines the problems faced by students of educational organizations of the Ministry of Internal Affairs of Russia in the process of mastering the discipline "Physical training". It is known that physical training is a necessary condition for achieving high results in official and professional activities, contributes to increasing the level of general efficiency and adaptation of the body of an employee of the internal affairs bodies to extreme conditions of service.

Specialists of physical culture and sports note that modern problems of physical training of employees of the internal affairs bodies may be associated with low motivation for training, limited access to training equipment, as well as various organizational problems. In addition, some employees may have health problems that may interfere with normal physical fitness. Therefore, in order to attract students to sports, it is important to create comfortable conditions for classes, provide them with high-quality equipment and qualified teachers. It is also necessary to conduct public lectures and training sessions on the importance of sports, proper nutrition and a healthy lifestyle.

It is concluded that the lack of motivation is mainly due to misunderstanding and lack of a sense of the importance of discipline. To solve it, it is important to carry out systematic work to increase the motivation of employees to engage in physical training, organize work schedules and optimize the labor process, as well as ensure the availability of modern sports facilities and equipment. In addition, it is necessary to pay attention to the individual training of each listener. The development of a personal program that takes into account the peculiarities of the physical condition and professional activity of the listener will significantly increase the effectiveness of physical training and, accordingly, improve the quality of performance of official duties.

Gaps in Russian Legislation. 2023;16(4):98-103
pages 98-103 views

Physical Training in the Professional Activity of a Police Officer

Nagoev R.R.

Abstract

This article examines the goals, objectives and ways to improve physical fitness in the professional activities of police officers. Physical training is an integral part of the life of every policeman, which allows you to maintain health, improve performance and strengthen the spiritual and moral qualities of the individual. For the contingent of students studying within the walls of educational organizations of the Ministry of Internal Affairs of Russia, the discipline "Physical training" is of particular importance, since its development is aimed at achieving a sufficient level of physical fitness for the successful performance of their official duties.

It is established that the changes that directly affected the educational organizations of the Ministry of Internal Affairs of Russia were caused not only by the above-mentioned changes in the entire educational system, but also by external factors and society. In the era of rapid development of society and technical innovations, the requirements for the internal affairs bodies, whose immediate task is to protect society from criminal encroachments and injustice, have also changed. In addition, the introduction of modern technologies into the practice of physical training of police officers sets the task for the teaching staff of educational organizations of the Ministry of Internal Affairs of Russia to form students' motivation to study as such. However, motivation alone is often not enough in the educational process, students of educational organizations should be aware of the need for the knowledge provided, want to learn and be trained, constantly reach for new knowledge in order to improve the efficiency of their work, and not to pass certification and exams.

It is concluded that it is necessary to pay attention to modern technologies, since this concept is voluminous and may imply the use of, for example, modern pedagogical technologies or digitalization of the educational process, etc. When using new pedagogical technologies, we are talking about the formation of innovative methods and systems of the educational process. The most important thing is to understand that this primarily affects teachers who are trying to introduce new methods, draw knowledge from the history and experience of other countries and specialists, or try to develop their own unique methodology.

Gaps in Russian Legislation. 2023;16(4):104-108
pages 104-108 views

Modern Trends in the Development of Motor Abilities in Physical Training Classes in Educational Organizations of the Ministry of Internal Affairs of Russia

Dadov A.V.

Abstract

This article examines the key aspects that contribute to the development of motor abilities in the student contingent of students in physical training classes. All modern education somehow moves to the integration of the students themselves into the learning process, the interaction of the teacher and the listener, the ability of teachers to listen to their wards. Classes in this discipline are conducted in the format of an educational and training process, taking into account clear regulations for conducting classes. Modern trends in the development of motor abilities in physical training classes are associated with the use of innovative techniques, technologies and training tools. Modern approaches to classes increasingly take into account the individual characteristics and needs of each person, set themselves the task of not only developing physical abilities, but also strengthening health and forming a healthy lifestyle in general.

Each employee of the Department of Internal Affairs for the performance of professional activity is endowed by the state with the terms of reference. They are responsible for strengthening and protecting the rule of law, as well as maintaining justice and security, since this profession is associated with situations of extreme and extraordinary content, which has a direct impact on the formation of personal and professional characteristics of law enforcement officers.

All of the above clearly indicates the need for the formation of special motor skills among police officers. These qualities are developed in the process of physical training of students and their improvement must be achieved in a short period of training. This process is time-consuming and depends on the coordinated work of the teacher and the trainee.

Gaps in Russian Legislation. 2023;16(4):109-114
pages 109-114 views

Digital Transformation of the Educational Process in the Framework of Physical Training Classes in Educational Organizations of the Ministry of Internal Affairs of Russia

Bauaev S.K.

Abstract

This article examines the trends and prospects of digitalization of physical training implemented in educational organizations of the Ministry of Internal Affairs of Russia. Digital learning format is a teaching method that uses various technologies, such as the Internet, computer programs, multimedia resources, mobile applications, etc., to provide lectures, trainings and other lessons in an online format. This method of learning provides flexibility, accessibility and convenience for listeners, allowing them to learn at their own speed and anytime and anywhere. Each student can receive personalized training, as well as use interactive tools to communicate with the teacher and other students to get answers to their questions. Various methods can be used in the digital learning format, including video tutorials, online webinars, personal online meetings, electronic textbooks and many other modern tools to improve the effectiveness of education.

It is established that digital technologies are a constant source of improving the quality of education in the system of the Ministry of Internal Affairs of Russia. In addition, digital technologies play a significant role in the popularization of sports and a healthy lifestyle. They provide access to a huge amount of information about healthy eating, training and physical activities. This allows people to realize the importance of a healthy lifestyle and increase their knowledge of how to achieve this.

It is concluded that as a result of the digital transformation of the educational process in the framework of the discipline "Physical Training", one can count on a more effective organization of training, a higher level of motivation of students, improvement of their physical fitness and further health.

Gaps in Russian Legislation. 2023;16(4):115-119
pages 115-119 views

Physical Training as the Main Element of Training of Employees of the Internal Affairs Bodies of Russia

Beshtoev R.O.

Abstract

This article examines the key aspects of the physical training of police officers contributing to the successful performance of professional tasks. With the transformation of crime and the development of society, there is also a need to counteract and control the life of society for the security of our state. The greatest increase in crimes is associated with violent crimes of varying severity and nature. These can be murders, beatings, robberies and many other crimes that fit the description of this category.

It has been established that a particular difficulty in training students and in mastering the necessary skills is, of course, primarily the age of the listeners. Of course, this should be taken into account, since the contingent of listeners consists mainly of middle-aged men, whose physical activity and indicators do not get better over the years, as well as the possibility of mastering certain techniques or other skills by them. It should not be denied that, to a greater extent, special physical training is formed in this way and is focused more on young people who are just going to enter the service of the Ministry of Internal Affairs in the future. In turn, this means that many of the requirements are formulated in such a way as to select the most worthy candidates who show the best results. However, the specifics of the work of the teaching staff dealing with age-related students is the need and ability to motivate students to pass their discipline with high responsibility and dedication, as well as the ability to find a common language with students and have the skills to work individually with each of them. And here another problem already arises, namely the authority of the teacher. Therefore, in order to prevent the occurrence of such situations, the teacher needs to clearly show his position regarding the relationships in the team and the attitude to his discipline, show how fundamental his discipline is, and also undoubtedly have the qualities of a leader who can take responsibility and lead his entire team to the intended goal.

Gaps in Russian Legislation. 2023;16(4):120-124
pages 120-124 views

On the Issue of Scientific Support of the Discipline "Physical Training" in Educational Organizations of the Ministry of Internal Affairs of Russia

Knyazev K.O.

Abstract

This article examines the importance of physical training for police officers who attend retraining and advanced training programs of educational organizations of the Ministry of Internal Affairs of Russia from the point of view of scientific support. Physical training helps police officers to keep their health and physical condition in good shape. They experience less injury and fatigue, easier to endure long periods of tension and stress, which is also important for their effective work.

In educational organizations of the Ministry of Internal Affairs of Russia, physical training is one of the key disciplines, without which it is impossible to serve in the police. A policeman must withstand heavy physical exertion, be fast, agile and hardy. That is why training and sports are an integral part of the professional training of every police officer. In addition, sports and training allow not only to physically strengthen the body, but also to develop such important qualities as discipline, perseverance and self-control. In their work, police officers face dangerous situations that require a quick and adequate response.

As for the use of the latest scientific achievements in the training of students of educational organizations of the Ministry of Internal Affairs of Russia, we note that they can contribute to improving their efficiency and safety, as well as reducing the risk of injury. Modern techniques make it possible to monitor and analyze biochemical processes in the human body during training, which contributes to more accurate regulation of the intensity of exercises and the selection of load volumes suitable to the intensity for each policeman individually.

Thus, in the context under consideration, physical training in educational organizations of the Ministry of Internal Affairs of Russia can be designated as a set of special classes aimed at developing the physical qualities of students, allowing them to achieve high sports results.

Gaps in Russian Legislation. 2023;16(4):125-129
pages 125-129 views

Study of the Level of Physical Fitness of Employees Employed in the Internal Affairs Bodies

Tkhagalegov A.A.

Abstract

This article examines the issues of professional and applied physical training of police officers affecting physical fitness. Professionally applied physical training in itself means the use of physical culture and sports to prepare a person for a certain professional activity. However, it should be noted that professional fitness means selective use of physical culture and sports resources. This means that not every exercise, technique, etc. is able to provide a solution to the set professional tasks. For example, the means used by the police and special forces units or the military will differ significantly precisely because of the professional tasks that a particular person will have to perform. It is well known that the police service is associated with constant stress, which accumulates and affects both physical and mental health of a person, it is also associated with ensuring the safety of citizens of their country and the fight against crime. This means that in order to perform the service, it is necessary to undergo sufficiently serious training, otherwise the risk of non-fulfillment of tasks or a threat to the life and health of the employee increases.

It is concluded that the current situation can be characterized as movement on the spot without any progress, since students undergo a fairly extensive training course in a short time. Most of the knowledge and skills that have been acquired are forgotten and not used, properly undergoing training, in the future the situation repeats. In this regard, the task of the teaching staff is constant progress in the training of students, and for this it is necessary, first of all, to think about the transition to more effective education systems that will allow to include in training not only practical but also theoretical knowledge, formation of students' motivation not only to successfully master the discipline, but also to self-development, the use of an individual approach in the learning process in order to increase the effectiveness of the listener.

Gaps in Russian Legislation. 2023;16(4):130-134
pages 130-134 views

Digitalization of Physical Training in Educational Organizations of the Ministry of Internal Affairs of Russia

Kardanov A.A.

Abstract

This article examines the expectations and risks of digitalization of the educational process in physical training.

Over the past 10 years, digital technologies have become firmly embedded in departmental training and even at the legislative level have received the status of a tool that can be used by the educational process. E-learning systems, online courses, and offline digital learning opportunities are also emerging. There is an active dynamic in the development of digital education. Digital education in the system of the Ministry of Internal Affairs of Russia is gradually becoming part of the natural learning process. However, its implementation is not perfect, and problems arise in the process that need to be solved as soon as possible. In order for the teacher to be able to navigate the new format of work, it is necessary to prepare him for a new type of information presentation. And this requires the development of a new scientific strategy for training personnel in educational organizations. At the same time, not only the introduction of new forms of training is being considered, but also the development of methods and algorithms by which the professional activities of the contingent of students – police officers - will be carried out. It is necessary to develop special methods of training qualified personnel for the system of the Ministry of Internal Affairs of Russia, to involve them in professional activities. At the same time, the teacher must retain the ability to creatively approach the learning process in order to develop within the profession. In any educational process, the teacher plays a primary role, since it is he who is the conductor of information that becomes understandable and accessible to students. Therefore, in the digital learning process, it is important to think through the strategy of the educational organization correctly, to provide the teacher with the necessary support.

It is concluded that positive results of digitalization can be achieved if teachers and students have sufficient computer literacy, high-quality software development and provision of appropriate technical means to educational organizations and students that reduce possible risks.

Gaps in Russian Legislation. 2023;16(4):135-139
pages 135-139 views

The Role of Physical Training in the Development of Professionally Significant Physical and Personal Qualities of Students of Educational Organizations of the Ministry of Internal Affairs of Russia

Khromov A.M.

Abstract

This article examines the issues of the development of professionally significant physical and personal qualities in students of educational organizations of the Ministry of Internal Affairs of Russia in physical training classes. Sports contribute to the development of human qualities such as discipline, perseverance, willpower, perseverance. Any kind of sport requires regular training load, rigor in training and compliance with coaching recommendations. This helps to develop a person's habit of working hard and persistently, despite difficulties and fatigue. In addition, sports can increase a person's self-esteem. Regular training and achievements in sports create a sense of confidence and satisfaction from their achievements, which helps to improve motivation and self-esteem. Thus, physical training has a deeper impact on the personal qualities of the listener than just on his health, helping him to acquire the skills and experience necessary for a successful life. Physical fitness is a complex characteristic of the state of the human body, reflecting the degree of development of its motor abilities, endurance, flexibility, strength, speed, agility, flexibility and coordination of movements. Physical indicators, in turn, are measured by using various methods of evaluating individual qualities of physical fitness. Each of the aspects must meet a certain level. It has been established that a person's physical indicators play an important role in his health and condition, and in the case of listeners, they also directly affect the quality of the work they do. Thus, the improvement of these indicators has a direct impact on the harmonious functioning of the body and the performance of official tasks by students.

It is concluded that physical training allows you to maintain health, improve performance and strengthen the spiritual and moral qualities of a person. For students of educational organizations of the Ministry of Internal Affairs of Russia, the discipline "Physical training" is of particular importance, since they must be physically prepared to perform their official duties.

Gaps in Russian Legislation. 2023;16(4):140-144
pages 140-144 views

General theoretical, criminal-legal and other problems of Countering extremism and terrorism. Problems of preventing extremism and terrorism

Transformation of Extremist and Terrorist Ideology Under the Conditions of External Sanction Pressure

Khamgokov M.M.

Abstract

At present, the fight against extremism and terrorism is acquiring a serious problem. It is important for the Russian state to study the issues of improving anti-extremist and counter-terrorist activities. In modern realities associated with the exacerbation of geopolitical conflicts in the post-Soviet space, the Russian Federation is faced with international disapproval of its foreign and domestic policy, which is expressed through the imposition of sanctions by many foreign states. Despite the fact that sanctions are of an economic nature, they currently have a very systemic negative impact on the development of Russian society. Against the background of manifestations of external sanctions pressure, there is an active development of extremist and terrorist behavior, which is directly related to the destabilization of public consciousness in the above-mentioned realities. The purpose of the present study is to analyze the process of transformation of the modern extremist and terrorist ideology, which has become widespread on the territory of the Russian state, under the conditions of external sanctions pressure. The author comes to the conclusion that extremism and terrorism as destructive phenomena are steadily developing primarily due to the presence of a stable ideological component, which is actively transformed in the context of many processes taking place in the state and society. Attention is focused on specific manifestations of external sanctions pressure in the process of the modern functioning of the Russian state and society (the economic crisis, which manifested itself in the destabilization of certain sectors of the economy; the lack of certain goods and services that have completely left the Russian market; an increase in unemployment; a decrease in the welfare of the population due to the growth prices and the need to redistribute resources in the context of meeting the needs of a special military operation; destabilization of the banking and credit system of the Russian state, which is being gradually overcome at the present time). It is noted the need to take into account these manifestations in order to improve anti-extremist and counter-terrorism activities.

Gaps in Russian Legislation. 2023;16(4):145-150
pages 145-150 views

On the Issue of Countering Various Manifestations of Political Extremism in the Russian Federation

Tarchokov B.A.

Abstract

The purpose of this study is to study the ways of emergence and measures to counteract political extremism that has developed in the Russian Federation. Statistics of the Ministry of Internal Affairs of Russia notes a constant increase in crimes of this kind. At the same time, the legislation of the Russian Federation does not give a clear definition of what constitutes extremism. Because of this, a large number of disputes arise among scientists, there are works studying this issue, disputes in the interpretation of the act occur at court sessions.

It is established that radical views are often formed in a society where citizens are deprived of the opportunity to use the right to vote legally. The more the state suppresses the opposition, the more tension in society grows, radical movements arise that can attract attention to public problems by force. The aggravation of the situation can also occur with an active, aggressive foreign policy. In this regard, political extremism is an urgent problem.

Having analyzed the foreign policy situation over the past 10 years, we can conclude that the world community is changing its structure. This is also evidenced by long-term sanctions against the Russian Federation, attempts to isolate it from international relations's withdrawal from the Council of Europe, a sharp change in the political course of Ukraine, the unwillingness of many countries to recognize Crimea, Zaporozhe and Kherson regions, Donetsk and Lugansk People's Republics as Russian territory. With instability in the foreign policy sphere, certain tensions arise within society, new political parties and currents appear in the country that may have radical views, and there is an increase in extremist sentiments. Meanwhile, extremist organizations are skillfully taking advantage of the growing discontent of citizens, socio-economic problems and political tensions.

Gaps in Russian Legislation. 2023;16(4):151-156
pages 151-156 views

Current Problems of Countering the Development of Extremist and Terrorism Behavior Under the Conditions of Foreign Sanctions

Gelyakhova L.A.

Abstract

The sanctions imposed by foreign states on the territory of the Russian Federation are mainly of an economic nature. However, in modern realities, their multidimensional influence on the development of Russian society is observed. Separate economic crisis situations, a decrease in the level of well-being of the population, a shortage of specific goods and services - these circumstances significantly contribute to the growth of social tension in society, which is one of the main factors in activating the spread of extremist and terrorist ideology. Given the fact that in recent years the number of extremist crimes has significantly increased and quite a lot of terrorist acts have been prevented, questions arise about the effectiveness of modern mechanisms for combating extremism and terrorism in the Russian Federation. The purpose of the presented study is to analyze the existing mechanisms for countering the development of extremist and terrorist behavior and evaluate their effectiveness in the context of the sanctions policy pursued by foreign states. The author comes to the conclusion that in modern conditions, preventive and preventive activities in the framework of the fight against the above-mentioned illegal phenomena seem to be a priority. At the same time, it should be focused not only on the application of special law enforcement measures, but also on the resolution of existing socio-economic problems. Attention is focused on the existing problems of combating the development of extremist and terrorist behavior in the context of foreign sanctions (intensification of anti-Russian information impact, the dynamics of the transformation of the ideology of extremism and terrorism, a high degree of youth involvement in extremist and terrorist activities). The need for their prompt resolution is noted, which will significantly increase the effectiveness of the fight against the development of extremism and terrorism in Russian society.

Gaps in Russian Legislation. 2023;16(4):157-161
pages 157-161 views

Criminological Peculiarities of the Personality of the Terrorist Criminal

Manukyan A.R.

Abstract

The identity of the offender is a key link in the mechanism of criminal behavior. The presence of knowledge about the characteristics of the personality of a criminal of a certain type helps in the organization and implementation of preventive and preventive activities. Terrorism is no exception. It is known that a person is a human individual who, in interaction and communication with other individuals, forms his views and values. Personality is characterized by a set of acquired qualities. Consequently, the physiological characteristics of a person, which are characteristic of him from birth, and do not depend on being in society, do not belong to the personal ones. Also, the personal qualities do not include those qualities that characterize his cognitive processes and personal style of activity, except for social ones. In this regard, it can be assumed that the personality of a criminal is made up of the concepts of personality and criminal. The identity of the offender is a multifaceted concept, it has psychological and criminological aspects. In this context, the commission of a crime can be represented as an antisocial sign of a person. However, it does not exhaust or explain all of its content. Therefore, it is the totality of some social signs of a person, his positive and negative qualities, that make it possible to draw up a complete picture of the personality of the criminal, and give it an objective assessment. The article analyzes the personality traits of a terrorist criminal based on his social and role characteristics, as well as the system of their criminal activity.

Gaps in Russian Legislation. 2023;16(4):162-166
pages 162-166 views

Improving Mechanisms to Combat Extremism and Terrorism Among Youth

Kharaev A.A., Mokhovikov O.V.

Abstract

The problems of extremism and terrorism affect the interests of many modern states. In the Russian Federation, there is currently a significant increase in the interest of the population in extremist and terrorist views and ideas. This trend is relevant for young people, who react sharply to all international and domestic processes. Representatives of this category of the population are considered the most vulnerable to involvement in illegal activities of the above-mentioned direction, since they are characterized by a certain psycho-emotional instability and ideological immaturity. The purpose of the present study is to analyze modern mechanisms for combating extremism and terrorism among young people, identify existing problems and identify the most promising areas for their solution and the corresponding improvement of anti-extremist and counter-terrorism activities. The author comes to the conclusion that despite the close attention on the part of the state to the organization and implementation of anti-extremist and counter-terrorism activities against young people, the measures taken do not demonstrate the necessary effectiveness. It is noted the need to improve the existing mechanisms for combating these illegal phenomena and their spread among young people in terms of expanding the subjects of anti-extremist and counter-terrorism activities, developing the forms and methods of combating extremism and terrorism used in educational organizations, as well as comprehensively using the potential of the Internet for formation of anti-extremist and counter-terrorist ideology in the minds of young people. Attention is focused on the potential positive impact of the formulated proposals for improving the work being done.

Gaps in Russian Legislation. 2023;16(4):167-172
pages 167-172 views

Problematic Aspects of the Rules for the Production of Investigative Actions

Sheriyev A.M., Golyandin N.P., Zhukova A.V.

Abstract

The purpose of this study is some problematic aspects of the rules for the production of investigative actions. The authors point out that these rules have lost their relevance, clarity, and are in dire need of reform, harmonization, unification of the adopted changes both in the legislation of our country and international documents.

The objectives of the study are to analyze the rules for the production of investigative actions and the need for a terminological definition of the concept of investigative actions, their classification, as well as compiling their exact list, distinguishing them from other procedural actions and coercive measures. An analysis of the general rules for the production of investigative actions allows us to identify problematic aspects and improve the norms of legislation. The authors classify the rules into groups for a more accurate understanding and use of them in procedural practice.

Conclusions: we found that bringing the rules of conducting investigative actions in line is necessary, both for strengthening and functioning of the system of administration of justice, and for strengthening confidence in the public authorities administering justice. At the same time, to create conditions for a more complete realization of the rights and freedoms of man and citizen in the course of the administration of justice.

Gaps in Russian Legislation. 2023;16(4):173-176
pages 173-176 views

Problems of Identification and Suppression of Channels for Financing Extremist and Terrorism Activities

Abazov I.S.

Abstract

The purpose of this study is to study the problematic aspects in identifying and suppressing ways of financing destructive organizations. Terrorists are trying to legalize the receipt of funds under the guise of economic and commercial transactions. In order to identify such operations, it is necessary to conduct a serious analysis of economic information. So, if law enforcement officers know the ways in which money flows move and get to terrorists, they will be able to block the flow of funds to terrorist organizations, which is also an effective counteraction measure. To obtain the necessary funds, the creation of one-day firms is often used, which cease to exist after the transaction is completed. These firms help to cash out funds or, conversely, transfer them to cashless. An important point is that such money was obtained illegally, but it is no longer possible to bring such a company to justice because of its liquidation. It is established that information interaction between different structures plays a key role in the investigation of not only illegal financial turnover, but also crimes related to the financing of terrorist organizations and their activities. Many crimes are disguised as the legal activities of merchants, which greatly complicates their detection and investigation.

It is concluded that the terrorists have learned to falsify the data of employees allegedly working for them in a one-day company. The organization may employ people who actually have nothing to do with it. These are the so-called "dead souls". Certain amounts are received into the settlement accounts of these people as a salary, after that, with the help of various online services, "employees" transfer money to terrorists.

Gaps in Russian Legislation. 2023;16(4):177-181
pages 177-181 views

To the Question of Single Terrorism as the Most Dangerous Variety of Terrorism Activity

Tokbaev A.A.

Abstract

This article deals with the problem of solitary terrorism as a type of terrorist activity. The special danger of single terrorism for the world community is noted. The causes of occurrence are analyzed and measures are proposed to prevent single terrorism. Solitary terrorism is one of the types of terrorism that poses a threat to society. Individual terrorists, in turn, are closely connected with terrorist organizations and follow the clear instructions of the organizers of terrorist organizations. In the Russian Federation, terrorism poses a serious threat, as the country is multi-confessional and multinational. This is, on the one hand, fertile ground for the development of terrorism and extremism. Terrorist activity is accompanied by the emergence of ever new forms of its implementation. Solitary terrorism is becoming more and more dangerous, as they use new methods and tools to carry out illegal actions. It should be noted that, in general, it is single terrorists who are distinguished by their training and psychological stability. In turn, they most often commit crimes at the behest of terrorist organizations. For law enforcement agencies, the difficulty of identifying them lies precisely in the fact that they are very well trained and do not have obvious signs of adherence to terrorist ideas. Single terrorists do not arouse suspicion in society, they adapt to the relevant conditions, which complicates their identification. In turn, they act as an instrument of struggle for terrorist organizations, which are sure that it is precisely such a contingent that is most efficient. Involvement in the commission of terrorist acts is most often carried out through the use of information technologies, in particular the global network, instant messengers. The use of these resources also increases the level of danger of single terrorists for society and the state.

Gaps in Russian Legislation. 2023;16(4):182-185
pages 182-185 views

On the Issue of Countering the Involvement of Young People in Extremist Groups

Urusov Z.K.

Abstract

The purpose of this article is to reflect the methods of countering the involvement of young people in extremist groups, as well as the main risk groups that are attractive to recruiters. The work touches on certain aspects of youth involvement, causes, as well as ways. Considerable attention is paid to preventive measures, which, according to the author, should affect various segments of the population: schoolchildren, students, teachers, psychologists, parents. The emphasis is placed on the fact that at the federal level, the training of psychologists of the Department of Internal Affairs should be carried out according to the program of countering the technologies of involving the population in extremist and terrorist groups.

Conclusions: The problem of countering the involvement of young people is very acute today. The main risk group is adolescents from 14 years old and young people up to 35 years old. The wide range of techniques used by recruiters for these purposes is more than diverse: NLP, "brainwashing", gaining trust, "love attack", etc. Persons who carry out the "selection" of young people, as a rule, are professional psychologists who have undergone special training.

The methods of counteraction include targeted educational training of professional psychologists within the framework of training in educational institutions of the Ministry of Internal Affairs, in order to develop psychological mechanisms for countering extremist communities.

It is necessary to work with schoolchildren, students, their parents, as well as teachers and psychologists, organize meetings, demonstrate educational films where, in clear language, simple examples explain how destructive work directed against the younger generation takes place.

In our opinion, it is necessary to carry out diagnostic procedures for the propensity to engage, as well as personal growth trainings aimed at self-acceptance by young people.

Gaps in Russian Legislation. 2023;16(4):186-192
pages 186-192 views

Analysis of the Experience of Foreign Countries in the Fight Against International Terrorism

Magomedov M.N.

Abstract

The purpose of this study is to study the emergence and development of international terrorism and ways to counter it in foreign countries. It has been established that modern terrorist use acts of violence in such a way as to achieve the maximum possible number of victims. The development of science and technology has allowed the terrorists to expand their methods and develop new tactics. Over time, the problem has become global, as terrorist organizations can operate around the world and create a public danger to any country in the world. Quite often, the state secret services resort to such illegal methods of dealing with their opponents. Thus, terrorism is not a problem of a single country, but a problem of the entire civilized society in principle. That is why cooperation between different countries and the creation of international legal acts that would help combat this phenomenon play an important role.

Having considered individual legislations of different countries in the field of combating terrorism, this study draws certain conclusions. For example, for many countries the fight against terrorists is an important policy direction, since this phenomenon causes great damage to state and public security. Almost every country singles out terrorism as a separate category of crimes and develops specific measures to combat it. There are similar points in the legislations of different states, but for the most part these are unique legislative acts, since each country takes an individual approach to this problem. It is easy to confirm this, it is enough to compare the definition of terrorism in the legislative acts of different countries. Most often, faces and actions are similar, but they also have quite pronounced differences.

Gaps in Russian Legislation. 2023;16(4):193-197
pages 193-197 views

Comparative Analysis of Russian and International Legislative Regulation of Cyberterrorist Crimes

Kochesokova Z.K.

Abstract

The purpose of this study is to study issues related to the analysis of Russian and international legislative regulation of cyberterrorist crimes. Cyberterrorism tends to develop; it is because of this that law enforcement agencies will have to rebuild their system with respect to new requirements. It will take the development of a whole system capable of ensuring an effective fight against this type of crime. The development of a digital society in the modern world and Russia, in particular, depends on how effectively law enforcement agencies will be able to resist cybercrime, what measures will be taken to prevent, disclose and investigate terrorist crimes, what regulatory legal acts will be developed to regulate this sphere of public relations. The concept of cyberterrorism is enshrined at the legislative level in the United States and Ukraine, although the problem of cyberterrorism is widespread and is relevant for most countries of the world. In the UK, the concept of terrorist acts is clearly defined and enshrined in the Terrorism Act 2000. The same law also notes such an act as "serious damage to electronic systems". There is no special composition called "cyberterrorism" in the act. The French Criminal Code has an expanded classification of crimes related to terrorist activities. This area is still open, so the criminalization of acts can expand. The Belgian legislation has a similar approach. The very concept of cyberterrorism exists, there is an understanding that this phenomenon poses a danger to the state, but the term has not been reflected in the current legislation. In the People's Republic of China (PRC), there is a generalized concept that contains the concept of cyberterrorism. In Russian practice, even if the crime was committed using digital technologies, Article 205.2 of the Criminal Code of the Russian Federation "Public calls to carry out terrorist activities, public justification of terrorism or propaganda of terrorism" is used. The choice of such a measure is due to the fact that communication between people is often carried out via the Internet.

Gaps in Russian Legislation. 2023;16(4):198-202
pages 198-202 views

Modern Technologies of Youth Involvement in Extremist Activity: Problems and Ways of Counteraction

Mazdogova Z.Z.

Abstract

The purpose of this study is to study ways of involving young people in extremist activities and mechanisms to counter this phenomenon. In order to overcome extremism in the global network and involve the youth audience in it, it is necessary to adopt appropriate laws not only at the national but also at the international level. It is important to thoroughly study the essence of the phenomenon, its causes and types, so that it is possible to organize a system of combating this negative phenomenon at all levels.

Extremist groups arise as a result of the emergence of demand for their product from the digital society. The higher the socio-economic development of society in cyberspace, the more active criminals will be, coming up with more ways to achieve their goals. Society in any developed country cannot be separated from cyberspace. The latter has firmly entered into life, penetrated into every sphere of public activity, significantly improving it, simplifying many elements of interaction.

It is established that one of the most effective methods of combating extremists and terrorists in the network is to prevent their actions. For example, for the household level, this is the safe use of websites, content restriction. This may be the choice of a children's regime, which minimizes the possibility of a criminal to make contact with a minor citizen. At the domestic level in the Russian Federation, the use of special programs will be required to combat cybercrime. For example, some of them may track suspicious activity on websites.

Considering that the number of young people involved in destructive extremist groups is growing every year, it is concluded that it is necessary to take retaliatory measures not only at the domestic, but also at the international level. The adoption of national laws is of high importance. Due to the correct approach of the legislator, it is possible to develop effective methods of combating crime that will help to eradicate it. In addition, it is important to analyze the essence of this phenomenon and the causes, to study all types and features of extremist and terrorist crime, their fundamental foundations, which will allow organizing a successful fight against them at all levels.

Gaps in Russian Legislation. 2023;16(4):203-207
pages 203-207 views

Current Trends in Digital Extremism and Terrorism

Korkmazov A.V.

Abstract

The relevance of the study of the current state of extremism and terrorism, taking into account the level of development they have achieved, is explained by the fact that digital and IT technologies are experiencing a phase of rapid progress, as a result of which criminals can more actively use these achievements for the purpose of more effective and broad-based activities.

The purpose of this study is to identify digital extremism and terrorism, the emergence of which is due to the currently complex criminological situation, the emergence of new threats from the criminal world and new types of crimes. The emergence and development of these phenomena is largely a consequence of unresolved conflicts in society, the emergence of acute contradictions in various areas of social and state activity.

The objectives of the study are to substantiate ways to improve the counteraction to digital extremism and terrorism. It has been established that organizations conducting activities of a terrorist and/or extremist nature develop more actively the more people become users of messengers and social networks. Facebook Instagram, Twitter and many other programs such as WhatsApp, Viber, Telegram, Facebook platforms and many others are intensively used by criminals for illegal purposes. With their help, they can regulate their activities much more effectively, attract new supporters, conduct financial collections, publish various kinds of materials aimed at attracting attention, agitating terrorist and extremist activities. Thanks to modern social networks and messengers, criminals form autonomous cells, recruit activists, raise funds for the implementation of acts aimed at harming individual citizens, structures and the whole state.

It is concluded that the formation of new types of these crimes implies an increase in the need to review and modernize strategic and tactical decisions in the field of combating them, which should be carried out not only at the level of a particular country, but also in the international community as a whole.

Gaps in Russian Legislation. 2023;16(4):208-212
pages 208-212 views

Issues of Interdepartmental Cooperation on the Prevention of Extremism and Terrorism

Kuchmezov R.A.

Abstract

The purpose of this study is to study the impact of interdepartmental cooperation on the prevention of extremism and terrorism. Today in Russia there is a complex criminological situation, there are new threats from the criminal world, new types of crimes. There is also an increase in the level of the terrorist threat. Terrorist acts, as a rule, have serious consequences. Groups are not only gradually expanding the geography of their activity, but are also active on the Internet. They attract new members, hire fighters, receive funding, cooperate with cells located in different parts of the world. All this can be done remotely, which makes it difficult to identify and catch criminals.

The objectives of the study are to analyze ways to improve interdepartmental cooperation on the prevention and prevention of extremist and terrorist activities.

The environment in which extremist movements exist is actively merging with terrorist activities. Extremists receive funding from terrorist organizations, follow their instructions, can act both inside the country and harm while abroad. From this it can be concluded that the higher the social tension, the more active radical groups begin to act. The fight against them is one of the most strategically important tasks for the law enforcement agencies of the Russian Federation. In addition, due to the joint work of different departments and the purposeful work of the Center for Countering Extremism, it is possible to significantly improve the operational situation concerning public safety. The joint work of the Ministry of Internal Affairs and other departments, timely and competent response to dangerous manifestations of extremism and terrorism will allow, if not to completely eliminate these phenomena, then significantly reduce their activity, normalize public safety in the country. At the same time, the economic, political and social situation also plays an important role, therefore, joint efforts to combat extremism and terrorism should be taken not only by law enforcement agencies, but also by the country's leadership as a whole, eliminating the reasons why radical currents appear.

Gaps in Russian Legislation. 2023;16(4):213-217
pages 213-217 views

On the Issue of Ensuring the Rights of Minors During the Preliminary Investigation

Abaev N.B.

Abstract

Modern society is experiencing a serious problem - youth infantilism, which often develops into criminal acts. Juvenile delinquency occupies a special place in the overall structure of crime, and countering it is designated as a priority area of the criminal policy of the Russian state.

Legislation provides for a flexible approach to criminal proceedings against minors. He takes into account that, due to their age and psychophysiological characteristics, this category of offenders cannot be full-fledged subjects of criminal procedural legal relations. At the same time, within the framework of the implementation of certain investigative and procedural actions, the priority task of the preliminary investigation bodies is to observe and ensure the rights, freedoms and legitimate interests of minors.

In order to determine the specifics of ensuring the rights of minors during the preliminary investigation, the author analyzes the specifics of criminal proceedings in relation to this category of offenders and considers the procedural features of the implementation of certain investigative actions involving minors.

On the basis of the study, the author proposes to amend the criminal procedure legislation governing the conduct of a preliminary investigation, providing additional guarantees for ensuring the rights of a minor.

Gaps in Russian Legislation. 2023;16(4):218-222
pages 218-222 views

Cyberspace as a Resource Base for the Spread of Terrorism

Kanokova L.Y.

Abstract

The purpose of this study was to study issues related to the spread of terrorism in cyberspace, which is more harmful than a physical terrorist act. As a result, the problem of cyberspace security has been actualized. So, in order to make cyberspace safe, it is necessary for the state not only to have appropriate legislation, but also to organize the introduction of appropriate practices in various spheres of life, for example, economic, socio-cultural, administrative-political, etc. Electronic management exists in all spheres, it facilitates and accelerates many operations.

The objectives of the study are to analyze the additional danger to the state, in particular, since terrorists can remotely influence certain targets and cause significant harm, including physical harm. It has been established that cyberterrorists can create conditions under which huge casualties on the part of civilians are possible, destroy infrastructure facilities, escalate tension and fear within society. In addition, the victimization of young people, which is also the reason for their involvement in terrorist activities, has become widely discussed in scientific circles. This problem requires a comprehensive solution, only then will it be possible to achieve a positive result. To do this, it will be necessary to significantly improve Russian legislation and make appropriate changes. It is important to develop the computer literacy of young people, to raise their socio-cultural level, as well as to develop a firm patriotic position among the younger generation.

It is concluded that the Internet helps terrorists to develop unnoticed by government agencies. If earlier terrorists had to use radio, television and print media to spread information, now the methods of information dissemination have changed and become much easier. Through the Internet, you can search for associates, recruit, distribute any materials, not only text, but also photos and videos, carry out terrorist attacks and much more. Cyberspace opens up vast opportunities for criminals who are able to master it.

Gaps in Russian Legislation. 2023;16(4):223-227
pages 223-227 views

Measures Used by the Internal Affairs to Counter Youth Extremism in Educational Environment

Kashirgov A.K.

Abstract

Many state authorities are fighting manifestations of extremism. However, the main powers within the framework of this activity are assigned to the internal affairs bodies. Despite the effectiveness of the process of identifying, suppressing and investigating illegal acts of an extremist orientation, this phenomenon is actively developing and transforming in Russian society. Among the current trends in the spread of extremist ideology, one should single out the significant interest of certain categories of the population in the corresponding illegal ideas and views. The involvement of young people in the above processes is the most pronounced. The purpose of the present study is to analyze the measures taken by the internal affairs bodies to counter youth extremism in the educational environment. The author comes to the conclusion that educational organizations are an important platform for the organization and implementation of complex anti-extremist activities in relation to youth, including through interaction with internal affairs bodies. Attention is focused on the fact that by now there are many ways of joint activities of internal affairs bodies and educational organizations in order to combat the spread of extremist activities among young people. The need for close contact between the above-mentioned subjects of anti-extremist activities is noted, including in order to take into account the specifics of youth groups in specific educational institutions in the process of organizing and holding joint events. Recommendations on the interaction of internal affairs bodies with educational organizations are formulated and the prospects for using specific forms and methods of anti-extremist activities are determined, which can be used to improve the efficiency of the relevant work.

Gaps in Russian Legislation. 2023;16(4):228-232
pages 228-232 views

Concept and Classification of Evidence Presented During Interrogation

Boziev M.V.

Abstract

The purpose of this article is the theoretical study of the concept and classification of evidence presented during interrogation by considering the opinions of the scientific community and authoritative legal figures.

The author elaborated on the concepts of admissibility, relevance, credibility and sufficiency of evidence, as well as various classifications of this category in the study. The author also raised questions about the source of evidence and their types.

Conclusions: in order to serve the purposes of justice evidence must have a number of qualities, namely, it must be sufficient and admissible, credible and relevant according to Article 88 Code of Criminal Procedure of the Russian Federation. Data carriers forming primary information are people and objects, but there is a divergence of views in the scientific community as to what they are sources or carriers of evidence.

The admissibility of evidence is the result of compliance with all the requirements of the law regarding its source, method of obtaining, subject of proof, verification of evidence, rules for the admission of documents to the case.

The relativity of evidence or their belonging to a particular criminal case is based on a spatial, temporal and causal relationship.

The reliability or certainty of the origin of information is one of the criteria for compliance with criminal procedure norms and requirements.

Sufficiency is a property of evidence that constitutes exhaustive information to confirm this or that information.

The classification of evidence allows to distinguish between different bases and functions, for example, initial and derivative, exculpatory and accusatory, personal and material.

Gaps in Russian Legislation. 2023;16(4):233-238
pages 233-238 views

Problems of Differentiation of Terrorism and Extremism at the Present Stage

Ashkhotova L.A.

Abstract

Extremism and terrorism are negative phenomena that have a destructive effect on public life and the development of the state. Today, these problems are quite relevant, discussed and require solutions. These phenomena harm not only the state integrity and security, but also violate the rights of citizens, undermine their mental and physical health. Modern times presuppose the existence of developed anti-terrorist legislation. But along with it, radical criminal activity develops and expands. The sophistication of criminals can be traced in their transition from reality to virtual space, where competent propaganda work and propaganda against less protected segments of the population are also carried out. These phenomena are not just negative, but also quite difficult to perceive, despite the detailed and extensive coverage in the scientific literature. The authors do not have a common understanding of these categories. One of the main tasks of the state is countering extremism and those.

Gaps in Russian Legislation. 2023;16(4):239-243
pages 239-243 views

Criminal Targets of Terrorists in the Global Media Space

Karachaev A.R.

Abstract

The purpose of this study was to study the achievement of modern technologies and their use by terrorists for their criminal purposes. Extremists and terrorists have always been interested in the media space, through which they could spread and implement their ideas, incite hatred, recruit new activists.

The objectives of the study are to study the Internet in the context of filling it with materials containing radical ideas, methods of carrying out terrorist attacks. The Internet is publicly accessible, it cannot be blocked, while it allows you to quickly and anonymously transfer both printed materials and audio and video files. You can communicate with any people from anywhere in the world.

It has been established that radical structures are oriented towards the younger generation, which does not have clear goals in life, opposes the existing order, and is on the path of choosing a further future. Young people easily believe bright slogans and beautiful ideas, which makes them a suitable target for recruitment. Informal associations are quite often formed among young people, they often have an illegal nature, profess various ideas of inequality and hatred. With insufficient social adaptation of young people and girls, they are involved in various illegal schemes and movements, in particular, terrorists are actively interested in them. In addition, radical organizations create their own websites, blogs, forums, and use other Internet resources. They publish videos, photos and text materials containing extremist information. Most of the terrorists' money is of foreign origin. They can be sponsored by individual citizens, as well as by states, commercial and non-profit religious organizations. In addition, terrorist organizations can have their own business, most often illegal, which allows them to have additional income. This may be the sale of prohibited items and substances, most often weapons, but there may also be legal goods, although the latter is less common.

Gaps in Russian Legislation. 2023;16(4):244-248
pages 244-248 views

Sports Terrorism – New Challenges of Our Time

Cherkesov R.M.

Abstract

This article examines the key aspects of the emergence of terrorist manifestations in sports. In its simplest form, sports terrorism consists mainly of threats against athletes or sports facilities used by athletes. These threats can be verbal or physical, from simple harassment to assault or even murder. The motives for such actions can be very different and include political gain or religious fanaticism, as well as ordinary hatred and revenge. However, regardless of motivation, the fact remains that athletes are particularly vulnerable targets for this kind of terrorism, as they are public figures who often demonstrate a strong personal ideology, which can make them an easy target for those who seek to terrorize their peers.

It has been established that any sporting event is an ideal target for any terrorist organization, since it is well known that their main idea is: more victims – more efficiency. As a rule, the goals of such terrorist attacks are political. And at any competition, a large number of people often gather in one, rather small room, secondly, people's vigilance weakens, since all attention is focused on the match or fight, thirdly, it is quite difficult to form a guard that could ensure the safety of every person who is at the event.

It is concluded that the trend of terrorism development in the sports environment causes an increase in crimes among fans. In order to counteract this phenomenon, it is necessary to develop measures that will reduce the percentage of crimes committed, and also do not forget the work of police officers in social networks, in order to prevent the spread of ultra-right, fascist and other ideologies among young people, which is also very important, because currently the fan movement is strongly focused on young people and their involvement in fan groups that often promote nationalist beliefs and many other terrorist or extremist beliefs.

Gaps in Russian Legislation. 2023;16(4):249-253
pages 249-253 views

Main Directions of Increasing the Efficiency of the State Policy to Counter Cyberterrorism in the Russian Federation

Aramisov A.A.

Abstract

Countering cyberterrorism in modern conditions is one of the urgent problems of the state, where there are high rates of digitalization. Information becomes every year an increasingly valuable resource, a tool for destabilizing the political, socio-economic situation in a single state, and throughout the world. Cyberterrorism is one of the fastest growing types of crimes, the fight against which is complicated by the problem of both technical and legal and professional nature. In the current conditions, the guarantee of the security of the state is the improvement of the state policy in the field of countering cyberterrorism. Each state has its own tools to combat cyberterrorism, taking into account the peculiarities of the political system, historical and economic development. This article discusses ways to increase the effectiveness of countering cyberterrorism in the Russian Federation, which have their own characteristics. Countering terrorism must be built on the basis of an integrated approach using the practice of countering other states. One of the areas of combating information terrorism is the organization and implementation of a set of preventive measures with the participation of government agencies, law enforcement agencies and educational organizations. In this direction, the state is intensifying its work, since the prevention of the spread of information terrorism makes it possible to neutralize the actions of cyberterrorists. Given the speed of ongoing changes in the field of information technology, government agencies are required to conduct high-quality and detailed monitoring of the situation in order to develop and apply immediate actions. The activity of the state in this area is complicated by the absence of geographical, information and telecommunication restrictions. The most important element of combating information terrorism is the use of scientific knowledge in the information technology industry and the development of new technological solution.

Gaps in Russian Legislation. 2023;16(4):254-257
pages 254-257 views

Actual Problems of Development of Extremism and Terrorism in the Field of Information and Telecommunication Technologies

Kuchinaev R.R.

Abstract

The purpose of this study is to study the emergence and ways of development of digital extremism and terrorism. It has been established that extremism creates the necessary prerequisites for the emergence and conduct of terrorist activities, and it can be said that it is connected with terrorism both directly and indirectly. The conducted research allows us to say that already today about 80% of such crimes are carried out with the help of digital technologies. It can also be concluded that an extensive layer of extremist crimes simply turns out to be beyond the attention of criminological statistics, which is due to a number of factors: insufficiently well-developed methods for detecting criminal activity on the Internet; lack of specialists involved in ensuring IT security; insufficiently high qualifications and practice among employees of IT organizations. In addition, the actions of extremists and terrorists, both single criminals and organizations, are transnational, and within the framework of progress in the field of IT technologies, they significantly affect economic and political foundations. Criminals are trying to use maximum opportunities to spread ideas of hatred, superiority based on race, religion or nationality, and carry out extremist activities. A huge number of sites have been registered on the network, which are not only official platforms for such organizations, but are also used to spread false perceptions of real events, as well as fake information, fundraising, and publishing reports on actions taken.

It is concluded that organizations conducting terrorist and extremist activities skillfully take advantage of the growing discontent of citizens, socio-economic problems and political tensions caused by the pandemic. Also, the increase in the percentage of people mastering the virtual space indirectly affects the growth of criminal activity. Terrorists and extremists make extensive use of the Internet, and their level of competence in dealing with digital technologies is steadily increasing. Many similar organizations place special emphasis on the use of social networks and messengers for mass mailings containing illegal information (for example, aimed at attracting supporters, mastering legalization, fraud).

Gaps in Russian Legislation. 2023;16(4):258-262
pages 258-262 views

The Use of Digital Technologies and Artificial Intelligence in the Prevention of Extremist and Terrorist Crimes

Malaev A.H.

Abstract

The purpose of this study is to study the possibilities of using digital technologies, as well as artificial intelligence in the activities of law enforcement officers to prevent extremism and terrorism. New technologies make it possible to quickly identify criminals, which contributes to improving public safety compared to the time when the use of technological progress was impossible due to its absence. Crimes are unevenly distributed in time and space, so simple patrolling cannot provide a qualitative suppression of criminal actions. Artificial intelligence is able to identify those points where the patrol is most needed, this allows you to stop the crime not only in the specifically designated place, but also in territories close to it.

The objectives of the study are to develop proposals to expand the possibilities of using digital technologies and artificial intelligence in the process of countering extremist and terrorist crimes. Since artificial intelligence helps to quickly process a large amount of information, it allows you to apply this technology in different spheres of life. It can solve a variety of tasks, including assisting in the investigation of crimes. Such technologies make it possible to accelerate the pace of development of society, turn routine work that takes a lot of time into a quick computer analysis that will take several minutes. Artificial intelligence contributes to the development of the economy, society, improving public safety, and helps law enforcement agencies solve various tasks.

It is concluded that artificial intelligence does not have its own mind and is not endowed with the ability to distinguish whether it performs legitimate actions or not. That is why it can be used both for good and for harm. For example, AI

helps in the fight against cybercrime through cooperation with banking systems, cyber defense departments of banks, as well as IT departments working in the field of countering cybercrime.

Gaps in Russian Legislation. 2023;16(4):263-267
pages 263-267 views

Criminal - legal, criminological, administrative and other measures for countering crime in contemporary conditions

Some Aspects of Countering Organized Crime in the Russian Federation

Gutieva I.G.

Abstract

In the realities of modern times, organized crime has become widespread. Organized crime is a phenomenon that has many interrelated manifestations. As in all times, at present, the trends in the spread of the level consider it along with the problems of our time. Organized crime is a complex problem of modern society, which has a destructive impact on all sectors and spheres of society. Among the forms of organized crime, an organized group, a criminal organization and a criminal community are distinguished. These forms, in turn, are designed to commit certain types of crimes, including: organized terrorism and extremism, assassinations, corruption, illegal trafficking in nuclear materials, technologies, drugs, weapons, criminal gambling, trafficking in human beings and their organs. [1]. The legal basis for combating organized crime is Federal Law No. 46-FZ dated April 1, 2019 “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation with regard to combating organized crime”. The purpose of the scientific article is to get acquainted with the basic concepts, features, signs, forms and types, as well as consider some aspects of combating organized crime in the Russian Federation. In the work, the author considers such issues as the concept, signs, features and types of organized crime, and some aspects of combating organized crime in the Russian Federation. [2].

Gaps in Russian Legislation. 2023;16(4):268-272
pages 268-272 views

Status and Trends in the Development of Cybercrime in the Russian Federation

Abazov A.B.

Abstract

The purpose of this study was to study the emergence and development of cybercrime in the information space of the Russian Federation. It has been established that cybercrime is a modern type of crime known throughout the world. It is not limited by the territorial borders of countries, time, space, as it operates on the Internet. Any person or organization using computers, devices capable of accessing the Internet, smartphones can become vulnerable to a cybercriminal. The target can be both citizens and state bodies and organizations, private companies. The objectives of the study are to clarify the need to define the understanding of computer information at the legislative level. Due to the lack of a legalized definition, it is impossible to propose any methods for investigating cybercrimes that would be suitable. As a rule, they are not used in practice. Another problem is the human factor: Interior Ministry officials do not always correctly understand the essence of cybercrime. Because of this, they lose sight of the intent that guided the criminals. It is concluded that not only the author's definition of cybercrime, which is in this study, will be required, but also to take measures to effectively combat cybercrime. So, cybercrime is not only computer crimes in the narrow sense, but also attacks on other people's computers and computer systems, electronic databases and pages, accounts, other illegal actions, the commission of which becomes possible only when using a computer or other similar technology. Cybercriminals use cyberspace to achieve their goals. Their actions fall under the jurisdiction of not only national and international law. Cybercrime is a general concept that includes not only computer crimes, but also offenses in which computer technology is used as a weapon of crime.

Gaps in Russian Legislation. 2023;16(4):273-277
pages 273-277 views

Institute of Necessary Defense: Application Problems and Ways to Solve Them

Tkhazeplov T.M.

Abstract

At present, the institution of necessary defense is an effective means of preventing crime. This institution plays an important role in the system of protecting a person from illegal actions and is guaranteed by the state as acceptable and not entailing responsibility for the defender.

The institution of necessary defense plays an important role in solving the problems of criminal law, guaranteeing the rights of persons who have been attacked and who have managed to protect their rights and other persons, the interests of society and the state. At the same time, the complexity of the institution under consideration leads to errors in the application of its norms in practice, as well as to discussions in the scientific community.

In order to correctly understand the essence of necessary defense, the author analyzes the legal nature of the phenomenon under study, highlights the conditions and criteria for the legality of actions of a person in a state of necessary defense. The article outlines the problematic aspects of the application of the institution under consideration, related to the determination of the time during which actions are recognized as committed in a state of necessary defense, as well as the qualification of actions of persons when the limits of necessary defense are exceeded.

Gaps in Russian Legislation. 2023;16(4):278-282
pages 278-282 views

Transformation of Modern Crime: Features of Prevention and Counteraction

Makoeva E.R.

Abstract

The purpose of this study was to study the current situation in geospace, which, among other things, contributed to the activation of criminal elements, as well as the emergence of new types of criminal manifestations that require a timely and commensurate response, both from law enforcement agencies in particular, and from the whole civil society in general. As a result of the Special Military Operation launched on February 24, 2022 on the territory of the Donetsk and Lugansk People's Republics to protect Ukrainian nationalists from aggression, facts of terrorist acts, sabotage, and the dissemination of frank "fake" information about the actions of the armed forces of our state began to be recorded by the collective West as part of the information war on the territory of Ukraine. At the same time, an increasing part of the criminal element goes into cyberspace, both to commit illegal acts in new ways, and to hide their acts. One of the main countermeasures in the prevention and combating of crime is the constant improvement of legislation in this area, both by amending existing regulations and by introducing legal liability for new types of illegal acts.

The objectives of the study are to analyze the current criminogenic situation and to designate, taking into account it, the main goals and objectives in preventing and combating crime, emphasizing the role of international cooperation in this activity, including with the aim of increasing the effectiveness of combating transnational crime and searching for criminals who have fled justice on territories of other states.

Conclusions: we found that in order to effectively prevent and combat crime, it is necessary to fulfill all the goals and objectives outlined in the study, including in the context of transnational cooperation at the level of law enforcement agencies and states

Gaps in Russian Legislation. 2023;16(4):283-286
pages 283-286 views

Problems of Countering Cybercrime in the Russian Federation

Kodzokova L.A.

Abstract

In the 21st century, along with information technology, cybercrime is also developing. The methods of cyber fraudsters are progressing, new ways are being invented to bypass security systems and services. For the state, counteracting cybercrime is becoming strategically important. In this regard, security systems are being improved, departments and departments for combating cybercrime appear, IT security departments are being formed in organizations, and their activities are expanding every year. Cybercrime is widespread and dangerous. So, it can be such crimes as hacking passwords from sites and pages, up to ordering by special services of different countries from anonymous groups of attacks on government organizations of unfriendly countries. It should be noted that in each subsequent year the number of attacks and the amount of payments to hackers increase. Cyber attacks happen all the time. Most of all, criminals are interested in educational, research, government and military sites. Cybersecurity legislation is constantly evolving in response to new threats and increasing damage caused by evolving cybercrime. In addition, work is constantly underway to enhance the activities of state regulators and law enforcement agencies to protect the interests of the state and society. The foregoing indicates the relevance of the topic chosen for the study. It is planned to consider the concept, some types and forms of cybercrime, methods of protection against cybercriminals, as well as problems associated with combating cybercrime in the Russian Federation.

Gaps in Russian Legislation. 2023;16(4):287-292
pages 287-292 views

Counteraction to Organized Crime in the Russian Federation

Zhurtov A.B.

Abstract

The unstable dynamics of the number of organized crimes is a significant barrier to the development of society and the state, because they are characterized by a high degree of public danger and create an atmosphere of concern among the population. In this regard, the Russian state is required to conduct an adequate and effective policy to combat organized crime.

The purpose of the study is to consider the specifics of organized crime as a type of criminal activity and highlight the main areas of countering it.

This article discusses the determinants of the development of organized crime in Russia, the characteristic features of organized criminal groups, analyzes the measures used in the country to counter this phenomenon. Particular attention is paid to the issues of combating transnational organized crime, since currently organized criminal groups have stable ties in the territories of foreign countries.

The author notes the need to develop a unified concept of organized crime, research and analysis of the factors influencing its existence, which will contribute to the achievement of the main goal - to increase the effectiveness of counteracting the criminal activities of organized groups.

Gaps in Russian Legislation. 2023;16(4):293-297
pages 293-297 views

Improving Mechanisms for Countering Crimes in the Field of Road Safety

Sobalirova Z.K.

Abstract

Transport infrastructure is one of the high-risk industries. The vehicle is recognized as a source of increased danger. The wide distribution of vehicles, the multiplicity of their types, as well as the increased danger of their use, necessitate a detailed regulation of the responsibility of persons for committing transport offenses in general, and crimes against traffic safety and transport operation in particular.

The most important role in the mechanism for ensuring road safety is assigned to preventive activities focused on anticipatory impact on the factors that contribute to the spread of illegal behavior among road users. It is noted that this activity should fully take into account the current trends that are manifested in society and the state.

The author concludes that propaganda work prevails in the mechanism for combating crimes in the field of road safety. At the same time, it is noted that the main emphasis should be placed on the use of information and communication technologies, which are the main source of information for the bulk of the country's population. For these purposes, the author concludes that it is expedient to develop and approve recommendations for using the Internet to promote road safety.

Gaps in Russian Legislation. 2023;16(4):298-302
pages 298-302 views

Key Aspects Characterizing the Identity of the Criminal, Victim, Witness

Kuliev I.B.

Abstract

The purpose of this article is to consider the general characteristics of the personality of the criminal, victim, witness. Despite the fact that this area traditionally belongs to psychology, criminology studies this issue from the position of their influence on the crime committed.

Conclusions: The general characteristics of the criminal's personality usually include psychological, biophysiological, socio-demographic, moral, volitional, biological, intellectual and emotional properties, which allows you to put forward the right versions, set the direction of the investigation.

The author in the article presented a personality study scheme consisting of behavior, circumstances and causes of illegal behavior, socio-demographic conditions, personality characteristics, interpersonal relationships, material security, which makes it possible to individualize punishment and try on the most effective measures of influence and correction of an individual's behavior, make psychological portraits of criminals; predict situations and "next" steps criminal; plan preventive measures.

Under this scheme, it is also possible to study the characteristics of the victim's personality, to identify the circumstances that caused the crime to be committed against this or that person, the moral aspects of his behavior.

When studying the identity of a witness, it is also important to identify all the circumstances of his presence at the crime scene, the truthfulness of the testimony, the absence of a motive for complicity in the crime.

Gaps in Russian Legislation. 2023;16(4):303-309
pages 303-309 views

Current Problems of Counteraction to Crimes Against Military Service in Russian Federation

Abazova E.K.

Abstract

National security is of the utmost importance for any country. In the current geopolitical conditions of the conflict with Ukraine, in order to ensure the stable functioning of the Russian state, it is important not only to develop domestic policy, but also to improve the capabilities of the armed forces. Currently, there is a tendency for the spread of criminal behavior among persons directly related to military service. This fact is clearly demonstrated by a significant increase in the number of criminal acts committed in this area in recent years. In this context, many questions arise regarding the organization and implementation of the fight against crimes against military service.

The purpose of the present study is to analyze the mechanisms for combating crimes against military service in the Russian Federation. The author comes to the conclusion that modern mechanisms for combating crimes against military service are distinguished by their qualitative originality, since we are talking about the fight against criminal behavior spread among persons engaged in military service activities. Attention is focused on the existing problems in the functioning of the above mechanisms (misunderstanding by the population of the essence of the ongoing foreign and domestic policy of the Russian state in modern realities; the effectiveness of anti-Russian propaganda carried out by foreign states; the vulnerability of the information security of the Russian state, including in terms of large-scale dissemination of false information). The need for effective preventive and preventive activities is noted, taking into account current trends in the spread of criminal views among military personnel and persons in reserve during military training.

Gaps in Russian Legislation. 2023;16(4):310-314
pages 310-314 views

Organizational and Legal Features of the Activities of the Police Patrol Service

Kodzokov B.V.

Abstract

In each country, special bodies are created, the main purpose of which is to protect the rights of citizens, the protection of law and order and the rule of law in the country. It is impossible to overestimate the significance of the activities of these structures, since without the implementation of the protection of law and order and the rule of law, no state can function properly. The protection of law and order in the country largely depends on the effectiveness of the police patrol services, which are the main means of ensuring the fight against offenses and crimes. The patrol service ensures law and order not only on the streets, in parks, markets, in crowded places, but also enforces law and order on railway transport, water transport. Their duties include: monitoring compliance with traffic rules, maintaining unchanged crime scenes, identification of minors who find themselves in difficult life situations, etc. The list of responsibilities of the SWSP staff is very extensive and varied. Their work is by no means easy and inconspicuous. The protection of the rights and freedoms of citizens and their property directly depends on the quality of their service. Seeing the significance and diversity of activities of patrol officers, the negative attitude of citizens towards them is even more bewildering. Of course, a large number of crimes and offenses are committed in the country, which could have been prevented and stopped. In this situation, not only the police officers are to blame, who did not prevent their commission, but also the citizens themselves, who often refuse to cooperate with the police and consider it right to hush up and not even notice the illegal behavior of other citizens. The high level of committed offenses and crimes is also the fault of the PPSP employees themselves, who did not properly fulfill their official duties to protect the rights of citizens and their property. The above indicates the relevance of the chosen topic. The scientific article is devoted to the organizational and legal features of the activities of the police patrol service.

Gaps in Russian Legislation. 2023;16(4):315-320
pages 315-320 views

On the Issue of the Need to Improve Control and Supervisory Activities Over the Implementation of Legislation by Bodies and Institutions of the Penal Enforcement System

Pkhitikov R.B.

Abstract

The unstable socio-political situation in the country and the world calls for paying special attention to ensuring the rights of the most vulnerable categories of citizens, which include convicts. Ensuring the rule of law in the bodies and institutions of the penitentiary system is a determining criterion for the effectiveness of their functioning. The most effective way to ensure the rule of law in the penitentiary should be recognized as control and supervision, which in the penitentiary sphere is most widely represented by such types as public control and prosecutorial supervision.

In recent years, more and more attention has been paid by the state to the issues of improving control and supervision activities in various spheres of life. This article discusses some of the problematic aspects of the implementation of control and supervision in the penitentiary system, and also identifies areas for improving these activities.

In order to ensure the rights of convicts and the enforcement of legislation by penitentiary institutions, the author substantiates the expediency of securing the possibility of exercising public control using remote technologies. It is noted that the preventive function should prevail in the control and supervisory activities, which to the greatest extent will guarantee the legality of the activities of all subjects of the penitentiary system.

Gaps in Russian Legislation. 2023;16(4):321-325
pages 321-325 views

On the Issue of Criminal Liability in the Absence of Formal Evidence of Treason

Shogenov Z.A.

Abstract

The current state of interstate relations in world politics leads to various political and economic crises, which negatively affects the general sociological state of society and individuals. These circumstances lead to conflicts of interest not only at the political level, but also between individual societies and citizens, which subsequently develops into clashes with serious consequences. At the same time technological progress has made it possible to use for military purposes bots, live streaming, cyber-attacks, ransomware and database hacking to divide society and individuals. With the help of the above-mentioned technologies various groups and structural security elements seek to undermine the confidence of citizens in their state. Today, for the crime of treason, in Russia you can get a term of imprisonment from 12 to 20 years, as well as a fine, restriction of liberty and even a number of civil rights.

Gaps in Russian Legislation. 2023;16(4):326-330
pages 326-330 views

Psychological Characteristics of Professional Activity of the Penitentiary System Officers

Bzhakhov G.M.

Abstract

The purpose of this study is some psychological characteristics of professional activity of the penitentiary system officers. Performing their professional duties, the officers of the penitentiary system must combine both coercive and humanistic approaches of work.

The objective of the study is to conduct an analysis of preventive activity in overcoming professional deformation as one of the tasks of educational work conducted with the penitentiary system officers. When analyzing the professional activities of officers of the operational units of the penitentiary system, the main psychological feature and stress factor is the real danger and the need for constant focus. The risk factors are the "everyday" situations that officers face: prisoner conflicts, sexual abuse of weaker prisoners, the sight of human suffering. All these aspects are capable of causing professional deformation.

Conclusions: the author draws attention to the signs and consequences of professional deformation, which are often aggravated by the influence of a criminal element on a penitentiary officer, which also occurs. Therefore, it is necessary to carry out preventive and educational measures.

Gaps in Russian Legislation. 2023;16(4):331-335
pages 331-335 views

Current Problems of Countering Cybercrime in the Context of Digital Transformation

Karchaeva K.A.

Abstract

The relevance of the selected topic of scientific research is explained by the fact that in the context of the increasing aggression of foreign countries, information resources and protection against "information attacks" is a priority for the state. Digital transformation is the unification of the entire world community into a single information field, which, of course, has a positive effect on people's life processes, simplifying the possibility of obtaining services, access to information, conducting international operations and implementing cooperation. However, the extensive development of the Internet, in addition to progressive manifestations, brings new threats and challenges, creating conditions for the commission of crimes against individuals, organizations or States.

The purpose of the research is to analyze the main types of cybercrime, as well as the problems related to countering these types of administrative offenses and crimes.

The author concludes that cybercrime is a threat to the security of the entire world community. By reaching a wide audience online, the complexities of investigating such crimes, the high level of confidentiality and the inability to navigate in the features of the modern crisis information and communication interaction, there is an annual increase in cybercrime around the world.

Gaps in Russian Legislation. 2023;16(4):336-340
pages 336-340 views

On the Question of the Forms of Service by Public Prosecutor’s Officers

Tlupova A.V.

Abstract

Public Prosecutor’s Officers (hereinafter referred to as the PPO) play an important role in society and the State. They are the link in the system of public order protection and the internal affairs agencies, which closely cooperates with the population in the course of their work in the administrative districts served.

The PPO ensures the security of the territory of the served area, carries out preventive work and takes measures to prevent, detect and suppress offences and crimes.

The PPO acts as a bridge between the public and law enforcement, helping the police to detect offences and crimes at an early stage, which enables them to react quickly and prevent their further spread. The Public Prosecutor’s Officer reports on the state of the operational environment in the served area, enabling the Department of Internal Affairs to plan its work effectively and to fulfil its mandated functions and responsibilities.

Peculiarities of the service of the Public Prosecutor’s Officer as well as its forms are considered by a number of authors [4, 5, 6, 8, 9, 16].

The purpose of the article is to consider the activities of the PPO, the forms in which it is carried out, in accordance with the Federal Law no. 3-FZ “On Police” dated on February 7, 2011, Order of the Ministry of Internal Affairs of Russia of March 29, 2019 No. 205 “On the Service of a Public Prosecutor’s Officer in the served administrative area and the organization of this activity”

The author made a conclusion about the importance of the role of the Public Prosecutor’s Officer in the prevention and suppression of offences, crimes, as well as the significance of the implementation of service activities in all five forms of service.

Based on the analysis of the regulatory framework governing the activities of the PPO, the completeness of its legal regulation, the positive result of the activities of Public Prosecutor’s Officer, the combination of various areas of service in five forms is noted.

Gaps in Russian Legislation. 2023;16(4):341-345
pages 341-345 views

Topical Issues of Combating Crime in the Field of Road Safety and Vehicle Operation

Gutaev A.M.

Abstract

The purpose of this study is to study the problematic issues of combating crime in the field of road safety and vehicle operation. The legislation provides for tougher criminal liability for crimes against road safety and safe operating conditions of vehicles. At the moment, a maximum term of imprisonment of up to 4 years is provided for such acts. In the event of the death of one person due to a traffic accident involving a driver in a state of intoxication, the measure of responsibility will be 5-12 years, whereas the current law defines a maximum period of 7 years. In case of a fatal outcome for 2 people or more in a similar situation, the driver may end up in prison for a period of 8 to 15 years, whereas the current legislation limits him to 4-9 years. Among other things, tougher penalties are expected for the same acts committed on other modes of transport, from the subway to aviation. Action of art. 263 of the Criminal Code of the Russian Federation will affect both persons operating aircraft, up to ultralight, and small-sized water transport. An increase in responsibility for such violations is also expected, which will correspond to similar acts in relation to a traffic accident, the culprit of which was in a state of intoxication. Also, it is assumed that actions committed by negligence will be attributed to the sphere of serious criminal acts, for which up to 15 years of imprisonment will be imposed. At the moment, this rule has already been put into effect. Regarding the crimes of the category under study, it is very important to establish a direct causal relationship between the violation and the consequences that it caused, however, with regard to the rules of operation of vehicles, this is much more difficult to implement than in terms of compliance with traffic regulations.

Gaps in Russian Legislation. 2023;16(4):346-350
pages 346-350 views

Some Aspects of Police Patrol Service Formation

Kumekhova M.B.

Abstract

The patrol police service (hereinafter referred to as PPSP) is the main means of combating crime on the street, in transport, in public places. The effective work of the patrol service ensures the observance of the rights of citizens and the protection of their property from various encroachments. In this regard, control over the activities of this unit is of particular importance for the state and society.

The construction of a completely new legal system in modern Russia and the reform of all institutions of the state raise the importance of the activity of the police patrol service as the main state structure for ensuring law and order and public security to a new level.

The 2021 Manual provides a comprehensive list of the tasks and functions of the SWSP. Special means and physical force are used by the PPSP employees in accordance with Chapter 5 of the Law “On Police”. Units of the PSPP may be involved in other activities not listed in the Manual, only in accordance with the regulatory legal acts of the Ministry of Internal Affairs.

Also, in accordance with the normative legal acts of the Ministry of Internal Affairs, the staff of the police patrol service is completed. Each of them bears equal responsibility in accordance with the law, regardless of their position.

The current state of the PPSP units is the result of the activities of more than one generation. Initially, they were formed during the Great Patriotic War. Most of the police officers went to the front. The rights and duties of all policemen who remained in the field have greatly expanded. They were engaged not only in their direct duties, but now they were also fighting desertion, looting, theft of goods, the capture of spies, the evacuation of the population, etc. The article discusses some aspects of the formation and current state of the police patrol service.

Gaps in Russian Legislation. 2023;16(4):351-356
pages 351-356 views

Current problems of the civil society development and the participation of its institutions in providing public security

To the Question of the Limits of Restrictions on the Rights and Freedoms of Foreign Citizens and Stateless Persons in Russia in Modern Conditions

Akkaeva H.A.

Abstract

Conducting a theoretical and legal analysis of the limits of restrictions on the rights and freedoms of a special category of individuals - foreign citizens and stateless persons in modern realities, due to global globalization processes, migration crises and geopolitical conflicts - this is the purpose of this work.

The rights and obligations of foreign citizens and stateless persons are generally similar to citizens of the host country. At the same time, at the level of individual states, exceptions are established in the form of restrictions on individual rights and freedoms, the limits of which are regulated in the Basic Laws of the states. Restrictions on the rights and freedoms of these subjects is a dynamic phenomenon, and within the framework of their legislative consolidation, it is mandatory to fully take into account the existing social and legal realities.

This circumstance determines the expediency of a theoretical and legal study of the limits of restrictions on the rights and freedoms of foreign citizens and stateless persons, which can become a guideline for legislators and law enforcers in terms of fixing the permissible behavior of this category of individuals.

The author substantiates that the purposefulness of the relevant restrictive impact on the behavior of foreign citizens and stateless persons is carried out by establishing specific limits formulated in the form of constitutional principles. It is noted that the legislative form of regulation of restrictions on human rights and freedoms is mandatory.

Gaps in Russian Legislation. 2023;16(4):357-362
pages 357-362 views

To the Question of the Fight Against the Dissemination of Incorrect Information About the Work of State Bodies of Russia Abroad

Kumysheva M.K.

Abstract

Information impact allows organizing public reaction to ongoing state and social processes. Currently, anti-Russian information and propaganda activities are being actively carried out, which is carried out in the context of the aggravation of the geopolitical conflict between Russia and Ukraine and the conduct of a special military operation. In this context, it is important to improve sectoral legislation in terms of securing responsibility not only for the dissemination of deliberately false information about the use of the Armed Forces of the Russian Federation, but also about the functioning of state authorities of the Russian Federation on the territory of foreign states.

Given the importance of the activities of the above-mentioned state bodies in ensuring and protecting the rights and legitimate interests of citizens of the Russian Federation abroad, such unlawful behavior poses a significant public danger.

The purpose of the presented study is to analyze modern mechanisms for combating the spread of false information about the work of Russian state bodies abroad. The author comes to the conclusion that the fight against the analyzed offenses and crimes involves a complex impact on both the illegal practice and the circumstances that give rise to it. Attention is focused on the need to reorient preventive activities to the Internet space, including the full use of the potential of social networks and video hosting. The most important practical importance of raising the level of information literacy of the Russian population in terms of a careful choice of information sources and the formation of a proper reaction when knowingly false information is identified is noted.

Gaps in Russian Legislation. 2023;16(4):363-367
pages 363-367 views

Human Rights Bodies to Ensure Human Rights in Places of Detention

Kankulov A.K.

Abstract

Places of detention are a complex social phenomenon that requires great attention from the state. But, despite this, even if there are norms in the legislation that guarantee the rights of prisoners, the reality, unfortunately, dictates a completely different picture.

Today, many prisoners face various kinds of violations of their rights. This can be both physical and psychological abuse by prison staff, as well as health problems, lack of access to education or work.

Human rights organizations need to actively participate in the process of improving the situation in this area. No prisoner should be deprived of their rights, and the solution of this problem should become a priority task of the state.

Human rights bodies should not only monitor the events taking place in places of detention, but also provide legal support not only to prisoners, but also to their families.

It is important that the state allocates sufficient funding for these organizations. This will help qualified professionals to more effectively fight for the rights of prisoners and create conditions under which prisoners will not be deprived of their rights.

Finally, along with the bodies of human rights activities, other social institutions also need to participate. For example, educational institutions play an important role here, helping prisoners to rehabilitate and embark on the path of correction.

Gaps in Russian Legislation. 2023;16(4):368-373
pages 368-373 views

Criminal Law Sciences

Revisiting the Concept of Economic Crimes in Russian Criminal Legislation

Vytovtov A.E.

Abstract

Purpose of the study. Issues of theoretical understanding of economic crimes under the Criminal Code of the Russian Federation are being considered, noting that there is currently no common perception of economic crimes. The author marks that the category of "economic crimes" is relative, because there is no normative definition of such a social phenomenon in Russian criminal legislation. In some legal sources, however, the term is used unambiguously.

The author concludes that section VIII of the Criminal Code of the Russian Federation "Crimes in the sphere of economy" includes a fairly extensive list of criminal acts, however, chapter 22 included in it has a narrow content that does not cover many forms of criminal behaviour of an economic orientation.

Gaps in Russian Legislation. 2023;16(4):374-378
pages 374-378 views

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