Open Access Open Access  Restricted Access Access granted  Restricted Access Subscription Access

Vol 16, No 5 (2023)

Cover Page

Full Issue

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Theoretical and Historical Legal Sciences

Conceptual Foundations in the Development of the Police Statute: Proposals of the Interdepartmental Commission "On the Transformation of the Police into the Empire" (1906-1911)

Lobacheva L.P., Shurukhnov N.G.

Abstract

The purpose of the article is to present a conceptual approach to the development of the Statute of the police of the Russian Empire, to outline the content of this most important normative legal act for purposeful, legitimate and justified police activity, to reflect the work of the interdepartmental Commission, which was tasked to reform the work of this state body. The subject of the study was the section "Absence of a police statute" of the "Brief explanatory note to the conclusion of the interdepartmental Commission, under the leadership of Senator A.A. Makarov, on the transformation of the police into the Empire". When working on the topic, the authors used generalization, content analysis, comparative legal, historical and other methods of scientific research. They allowed forming conclusions, presenting the author's attitude to the document (1) and to the work of the Commission (2), noting the role in modern legislative practice (3).

Gaps in Russian Legislation. 2023;16(5):263-268
pages 263-268 views

Self-Organization of States in the Context of Strengthening and Realization of Sovereignty

Kochesokov Z.H.

Abstract

This article examines the problem of strengthening and realizing the sovereignty of states in the context of their self-organization. For the sustainable development of the social system, there is a need for consistency of goals between the organization and self-organization, which, as the analysis shows, is currently absent due to the international policy of the United States and a number of other states in the context of strengthening and realizing the sovereignty of states. The purpose of the study is to show that attempts at self-organization of states seeking to strengthen and realize their sovereignty are currently being opposed by Western countries led by the United States, which are trying to politically consolidate their dominance over the rest of the world community.

Conclusions. Currently, there is a problem of self-organization of states in the development of the world community, including in the context of strengthening and exercising sovereignty, which can have severe, catastrophic consequences in world development. At the same time, sovereignty plays a very important role in the development of States. The principle of sovereign equality of states refers to the generally accepted principles of international law. In other words, the processes of self-organization in the context of the development of the sovereignty of States cannot be ignored in world development.

Gaps in Russian Legislation. 2023;16(5):269-273
pages 269-273 views

Paradigm Foundations of the Comparative Legal Approach in Legal Science

Abdullaev E.E.

Abstract

The article explores and substantiates the methodological aspects and possibilities of using the comparative legal approach in legal science in order to understand the paradigmatic foundations of the development of law in the spatial aspect of its functioning.

The relevance of this article is due to the fact that at present, in various branches of scientific knowledge, studies related to various spatial phenomena are of particular importance, one of which is the “legal space”, which forms a national system of law specific in nature, which paradigmally develops under the influence of a system of internal and external factors studied in the framework of comparative legal studies.

The indicated direction of scientific research has its own metanature, as well as levels of immersion in the depth of the semantic and content of the legal space, has an original methodology and methodology that make it possible to penetrate deeply into the fabric of legal phenomena.

This scientific direction is undoubtedly important from the point of view of the development of national legal systems, allowing them to be properly identified and determine the possible directions and limits of the transformation of national law, having studied the best world experience in a comparative aspect.

Gaps in Russian Legislation. 2023;16(5):274-282
pages 274-282 views

Historical Aspects of Development of Agricultural Law in the Context of Requirements of Modern Legislation

Petrushechkin P.V.

Abstract

The relevance of the study lies in the fact that almost every aspect of modern society is regulated by the legal system. Many types of relations that develop in society are regulated by the norms of laws, by-laws and other legal documents. Over the centuries, legal systems have evolved, including new laws and principles to reflect changing social, political and economic conditions. Today, legal systems are becoming more complex, therefore, without knowledge of the historical aspects of the development of law, it is impossible to understand and regulate the modern legal system.

The agricultural activity that a person carries out is necessary to ensure his existence, and this process has been carried out since the dawn of mankind. In this regard, a necessary condition is the study of the legal mechanisms of agrarian legislation for its subsequent improvement.

Agricultural law refers to the legal framework that governs agricultural practices, including farming, pastoralism, forestry, and food production. The law aims to balance the interests of farmers, consumers and the environment by ensuring that agriculture is conducted in a safe, sustainable and ethical manner.

This article is aimed at researching the scientific and historical aspects of the development of agrarian law.

The purpose of the scientific research is to study the historical aspects of the development of agrarian law in the context of the requirements of modern legislation.

In the course of the study, the influence of the facts of historical development on the current state of agrarian legislation was determined.

Gaps in Russian Legislation. 2023;16(5):283-288
pages 283-288 views

Public Law (State Law) Sciences

Investment Cooperation Between Russia and China Under the Sanctions Regime: Gaps in Legal Regulation and Ways to Eliminate Them

Krokhina Y.A.

Abstract

The article discusses the investment relationship between China and Russia during the period of anti-Russian economic sanctions. Under the conditions of undue restrictions, commodity trade, in particular Russia's oil and gas exports to Europe, have been hit hardest, leading to serious increases in energy prices and global inflation. The entire world economy is experiencing many difficulties in organizing the transportation of products, operating enterprises, tourism logistics, etc. Unreasonable restrictions forced large foreign companies to leave the Russian market for ideological or political reasons, which led to the restructuring of many key supplies. Thus, maintaining a strategic partnership and developing investment cooperation between Russia and China in modern conditions is a paramount task. The article deals with the legal regulation of international investment by Russian regulations. The advantages of the flexible form of regulation of investment relations through interstate agreements are shown. A critical analysis of the legal consolidation of the rights and guarantees of foreign investors is given, the author's definition of the term "friendly state" is proposed. Options for improving the Russian investment legislation in terms of insurance, taxation and raising the standard of guarantees for foreign investment are proposed.

Gaps in Russian Legislation. 2023;16(5):289-295
pages 289-295 views

Judicial Interpretation of Constitutional Norms: Content and Features

Belova M.A., Volkova E.I.

Abstract

The purpose of the research. The article is devoted to the consideration of theoretical and practical issues of interpretation of the Constitution as a constituent act having the highest legal force, a comparison of scientific approaches to the interpretation of constitutional norms in Germany and the Russian Federation is made, the importance of the institute of interpretation in the mechanism of legal protection of the Constitution, the role of the supreme judicial bodies of constitutional control, procedural features of interpretation as one of their activities.. Results. As a result of the conducted research, the authors come to the conclusion that the interpretation of constitutional provisions by the supreme body of judicial constitutional control in the state quite reasonably acts as a way of legal protection of its main normative act of a constituent nature, the features of which are manifested in the filling of the Constitutional norms by the Court with new content without changing the text itself, thereby ensuring its stability and reliability, as well as the stability of the constitutional regulation of legal relations.

Gaps in Russian Legislation. 2023;16(5):296-302
pages 296-302 views

Practical and Theoretical Issues of the Implementation of Priority Projects for the Modernization and Expansion of Infrastructure

Nikolaeva E.L., Vardanyan A.D.

Abstract

The article presents a scientific and practical commentary and assessment of Federal Law No. 254-FZ of July 31, 2020, which contains rules on a simplified procedure for the implementation of projects for the construction and reconstruction of transport, social and industrial infrastructure projects most important for the economy and social development of the regions. The key aspects of the legal support of the processes of de-bureaucratization and acceleration of the procedures of urban planning activities related to the construction of the most significant infrastructure facilities are shown. The necessity of extending the validity of the said law for the period up to 2030 is substantiated.

Gaps in Russian Legislation. 2023;16(5):303-309
pages 303-309 views

Collecting Reliable and Admissible Evidence in Tax Process by Engaging Specialist

Orlova N.A.

Abstract

The purpose of the study. The research paper examines the problems associated with the involvement of a specialist to assist in carrying out tax control measures and obtaining acceptable and reliable evidence. A specialist who is not interested in the outcome of the case has the necessary knowledge and skills, as well as practical experience, the use of which contributes to the identification and consolidation of appropriate evidence. Despite the high evidentiary capacity, the sources of information obtained with the participation of a specialist are excluded from the list of acceptable and reliable, which leads to the cancellation of the decision of the tax authority. Conclusions. As a result of the conducted research, objective reasons were identified for recognizing the evidence obtained during the involvement of a specialist as improper, violating the rights and interests of taxpayers. The proposed qualification requirements to be presented to a specialist, as well as the developed and justified limits of his involvement, contribute to increasing the legitimacy of the evidence obtained and prevents the unjustified use of a specialist for conducting an examination.

Gaps in Russian Legislation. 2023;16(5):310-316
pages 310-316 views

Problems of Classification of Complex Administrative Legal Regimes

Kravets I.P., Butchenko V.N.

Abstract

The article examines the issues of the problem of classification of complex administrative and legal regimes, which is understood as regulated by law and having a normative nature in relation to public administration structures, the procedure for carrying out activities common to a certain set or for all state bodies, which is subject to specification in the process of its application. At the same time, it should be taken into account that all modes are divided into modes of normal operation and those that are associated with overcoming situations of an emergency, as well as those that are of a mixed nature, i.e. simultaneously contain the regulation of normal functioning and measures to overcome emergency situations. The purpose of the presented study is to consider the issues that arise in this area regarding the classification of complex administrative-legal regimes, which are a special kind of administrative-legal regimes, which are characterized by normativity in determining the components of the public administration system that implements the regime and the fundamental consolidation of the main components that make up the mode of activity itself. At the same time, complex administrative and legal regimes are characterized by an emphasis on the mode of activity itself, in accordance with which the management system is built. Based on the study, the authors come to the conclusion that a complex administrative-legal regime is a special procedure for carrying out activities common to a number or the entire set of state bodies. The very fact of the generality of this order and its expression in the form of an administrative-legal regime implies a detailed legal regulation of complex administrative-legal regimes. At the same time, a constant increase in the level of legal acts underlying the respective regimes should be considered as a single trend. Indeed, the basis of complex regimes is usually regulated at the level of federal legislation, and in this respect it is more resistant to situational reactions than the system of executive power and state administration itself.

Gaps in Russian Legislation. 2023;16(5):317-326
pages 317-326 views

The Importance of Environmental Information in the Implementation of State Policy in the Field of Consumer Waste Management

Korobka L.E.

Abstract

The article shows the importance of environmental information in making and implementing environmentally significant decisions, implementing state policy in the field of waste management, as well as achieving national sustainable development goals. A sign of transparency is highlighted to ensure access to environmental information and one of the main criteria for determining the effectiveness of the implementation of the state environmental policy in the field of consumer waste management.

Gaps in Russian Legislation. 2023;16(5):327-333
pages 327-333 views

Influence of Sharia Norms on the Form of Implementation of State Power in Iraq

Jihad A.R.

Abstract

The author of the article assesses the influence of the norms of Islamic ideology on the choice of standards of public administration and legal regulation of social relations in Iraq. The purpose of the study is the need to demonstrate the reality of such influence, as well as to show which state and legal institutions were affected by the prescriptions of Sharia and Islam in general. The main objective of the study is to analyze the use of aspects of religious ideology in constitutional and normative activities, as well as their consequences, provided that such use is based on the right of Iraqi citizens to determine the vector of the country's further development (democratic principle). The main conclusion of the study was that at the moment the norms of the Koran, the prescriptions of the Sharia, and other religious sources are actively used by the legislator only in cases where the regulatory regulation affects the properties of state symbolism and aesthetics. The remaining positions are perceived as an exception to the rule. Ultimately, the author comes to the conclusion that the eclecticism of combining the norms of secular law and religious provisions is permissible, and in the conditions of a clear differentiation of the spheres of legal regulation, it can determine the use of both as sources, however, this approach must be based on the principles directly accepted by society itself, and not imposed on it from the outside.

Gaps in Russian Legislation. 2023;16(5):334-340
pages 334-340 views

Private Law (Civil) Sciences

Positive Legal Responsibility in Labor Law

Savin V.T.

Abstract

In the article, the object of the study is the relationship of labor responsibility arising between the parties to an employment contract in the process of production activity, consisting of its two independent types: disciplinary and material responsibility. The relevance of this work is emphasized by the increasing importance of legal responsibility in the conditions of further development of market relations, in particular, labor liability, which makes it necessary to conduct scientific research of this central institute of labor legislation. The subject of the study is the problems of legal positive responsibility in labor relations, the essence of which, according to some experts in the field of labor law, is that in addition to legal liability for an offense and in continuous connection with it, there is a legal positive responsibility. At the same time, the analysis of the judgments of jurists defending the idea of this responsibility at the level of the general theory of law, as well as the points of view of the labor scientists who supported them, both in Soviet and modern science of labor law, recognizing, along with negative responsibility, and the positive responsibility of disciplinary and material responsibility of the main subjects of labor relationships. In this regard, the arguments are given by means of which the inconsistency of such an approach to the understanding of labor-legal responsibility is argued, which significantly changes the concept of legal responsibility, generally recognized and well-established in general theoretical and branch sciences. The contribution of the author of the work to the study of legal responsibility, which is used in labor relations and other directly related relations, is the conclusions he made that legal positive responsibility is devoid of signs inherent in the legal category, and therefore it does not have a legal character. In this regard, its positive aspect is not essential for the construction of the concept of legal liability, which excludes the possibility of introducing legal positive liability into the sphere of work as its new variety.

Gaps in Russian Legislation. 2023;16(5):341-348
pages 341-348 views

Features of Legal Regulation of Economic Activities in The Status of the Self-Employed

Snegina S.N.

Abstract

Purpose of the study. The article examines one of the best modern practices of domestic tax administration in the field of self-employment - a tax on professional income, implemented until the end of 2028 as a legal experiment. Five years of experience in the application of a special tax regime shows that the experiment on the introduction of a new tax regime is becoming not only an important tool for economic forecasting and evaluating legislative decisions, but also makes it possible to fine-tune and improve the mechanism of legal regulation of informal sectors of the economy.

Taking into account relevant statistical data, the article assesses the effectiveness of the legal experiment on the introduction of a new tax regime, notes its success in terms of legalizing the informal employment sector in Russia, analyzes the dynamics of changes and directions for improving modern legislation on the self-employed, summarizes the experience of international cooperation between states in matters of settlement self-employment. Substantiated are modern approaches to determining the legal nature and regulation of self-employment in Russia and abroad.

Conclusions. The five-year experience of applying the new tax regime makes it possible to predict the conditions under which the goal of the legal experiment can be considered achieved, not only by counting the quantitative indicators of officially registered self-employed. The optimal situation is seen in which a self-employed individual, using the provided special tax regime, receives a sufficient amount of legal, economic and social guarantees. In the process of comparing the forms of economic activity, elements of the identity of the legal status of a self-employed citizen and an individual entrepreneur and an employee are established. By comparing a number of legal categories, it has been established that in the professional activity of a self-employed person there are features of both entrepreneurial and labor activity, and the status of a modern self-employed person in Russia is intermediate between an employee and an individual entrepreneur. In the absence of special legislative regulation, the necessity of formulating a legal definition of "self-employed" with an indication of the status features of the professional activity carried out by him is substantiated. The necessity of further improvement of the legal status of self-employed persons is argued, taking into account both public and private legal interests.

Gaps in Russian Legislation. 2023;16(5):349-357
pages 349-357 views

The Legal Mechanism and Consequences of Taking a Child away from Parents or Other Persons in Whose Care He is in a Direct Threat to the Life and Health of the Child

Shepeleva D.V.

Abstract

The article analyzes the legal mechanism and problems of this selection procedure, as well as the consequences of selection. The author states that a child in Russia is guaranteed the right to live and be brought up in a family. But this guarantee does not always come from the priority of the interests of the child and his desire to live, to be brought up in his own family with his relatives who have expressed such an intention. It is necessary to pay attention to the problems of the existing mechanism, since the vectors of its changes broadcast a persistent trend of changing the administrative order to the judicial one, which can overload the judicial system, as well as lead to an expansive interpretation by the law enforcement officer of the existing mechanism of selection and the percentage of appeals, which will also burden the judicial system. As evidenced by the analysis of judicial practice. It is necessary to observe the balance of private and public principles of family law, to specify the existing administrative procedure for the selection of a child through the consolidation in the Family Code of the Russian Federation of the category «immediate threat to the life and health of a child» with its criteria, which will be the most acute and urgent reasons, acting as exceptional measures aimed at protecting the child. Which will allow avoiding an expansive interpretation of this rule by the law enforcement officer in the future.

Gaps in Russian Legislation. 2023;16(5):358-364
pages 358-364 views

Some Questions Regarding the Legal Regulation of the Activities of Trade Intermediaries as Special Subjects of Trade Activity

Starina V.A., Kudryavtseva L.V.

Abstract

The purpose of the study. Trade intermediaries are special entities of commercial law who engage in intermediary activities between sellers and buyers of goods or services. They act as intermediaries in concluding contracts for the sale, lease, transportation, insurance, and other types of transactions. Trade intermediaries, as special entities of commercial law, can be of various types: agents, commission agents, brokers, dealers, wholesalers, etc. They differ from each other in the nature of the functions performed, forms of payment, and responsibility to clients. The aim of the research is to analyze the existing legislation and regulatory acts regulating the activities of trade intermediaries in Russia, as well as to determine the peculiarities of the legal status of trade intermediaries, authorization requirements for starting activities, and responsibility for violations. Conclusions. As a result of the conducted research, the author comes to the conclusion that there is an ambiguity in the definition of the concept of "commodity mediation" and its various forms, and the legal aspect of this civil law institution has also been revealed. The problems and prospects of legal regulation of the activities of trade intermediaries are identified. During the analysis of the experience of foreign markets, it was found that many countries regulate the activities of trade intermediaries quite strictly and in detail. Many of them have extensive legislation containing regulations in the field of licensing, financial control, duties of intermediaries, as well as the basic principles that this type of activity should follow. Specific recommendations were also formed to improve the legal regulation of the activities of trade intermediaries in our country.

Gaps in Russian Legislation. 2023;16(5):365-370
pages 365-370 views

Criminal Law Sciences

The Tasks of Technical and Forensic Support for the Inspection of the Scene

Shkhagapsoyev Z.L., Gauzhaeva V.A.

Abstract

The purpose of writing the article is to summarize the data on the tasks solved during the inspection of the scene in the aspect of its technical and forensic support. The paper presents the tasks of technical and forensic support for the inspection of the scene of an incident based on its given definition as a set of legal, scientific and organizational measures for the development, implementation and practical use of technical and forensic tools and scientific methods during the inspection of the scene.

The conclusions are the developed and analyzed list of tasks itself, which include: detection, fixation and seizure of evidence; establishing the fact of a crime and the sequence of actions; search for traces of the person who committed the crime, determining the methods of its preparation, commission and concealment; identification of possible evidence confirming the guilt or innocence of a person; determination of the causes and conditions for the commission of a crime.

The results of such a generalization can be used in the practical activities of the preliminary investigation bodies, for further theoretical research, the preparation of scientific papers and for solving practical problems in the field of preparing and conducting an inspection of the scene, both before initiating a criminal case and as part of a preliminary investigation.

Gaps in Russian Legislation. 2023;16(5):371-375
pages 371-375 views

Current Issues of the Development of the Causes and Conditions of Crime in the Russian Federation

Berova D.M., Akkaeva H.A.

Abstract

Crime is a complex and multifaceted phenomenon, the development of which is influenced by many factors. These factors are created and improved both in domestic activities, and various international processes can have a significant impact on the transformation of illegal behavior. To effectively combat the spread of illegal acts on the territory of the Russian state, it is of fundamental importance to identify the causes and conditions of crime, which are actively transforming in modern realities. The purpose of the present study is to analyze the existing causes and conditions of crime, identified depending on the sphere of life of people in which they are formed and manifested. The author comes to the conclusion that by now the Russian state and society have formed a set of causes and conditions of crime (economic, political, social, cultural, moral, psychological, legal), which have a comprehensive impact on the transformation of criminal practice. Attention is focused on the influence of informatization and digitalization processes on the development of modern crime. The necessity of taking into account the identified causes and conditions of crime in law enforcement is noted for the timely improvement of preventive work, which is directly aimed at preventing the negative impact of factors contributing to the development of criminal behavior.

Gaps in Russian Legislation. 2023;16(5):376-380
pages 376-380 views

Features of a Comprehensive Forensic Examination in the Investigation of Violations Of inventive and Patent Rights Related to Medical Devices (Article 147 of the Criminal Code of the Russian Federation)

Steshich E.S., Berdnikov A.E.

Abstract

The purpose of the research. Legal science and practice have developed various ways of regulatory and legal protection of intellectual rights, for which, in particular, Article 147 of the Criminal Code of the Russian Federation is applied. However, in the process of investigating such a complex category of cases, problems may arise with establishing the fact of patent infringement, for which it seems appropriate to use a comprehensive forensic examination. Of all the variety of issues resolved by forensic examination, the most difficult is the issue of determining the degree of damage caused, which is important for the qualification of the act under Article 147 of the Criminal Code of the Russian Federation.

Gaps in Russian Legislation. 2023;16(5):381-385
pages 381-385 views

Limits of Admissibility of the Participation of Artificial Intelligence in the Decision of the Verdict

Papysheva E.S.

Abstract

The introduction of artificial intelligence (hereinafter referred to as AI) in criminal proceedings raises problems that legal science has not yet encountered, and gives rise to many questions, the answers to which are not so unambiguous. The aim of the study is to identify and assess potential risks, the limits of admissibility of using AI in sentencing, and the possibility of AI influence on improving the quality of decisions made by the court. The article deals with the problems that have arisen in some countries when using automated systems in court. In particular, the problem of “non-transparency” of AI is one of the most intractable at present, causing significant potential risks of using AI in criminal proceedings and, for this reason, preventing its use. The dependence of AI on the customer and the developer is also a potentially dangerous circumstance of its use in the administration of justice. Some factors of the positive impact of AI on the quality of court decisions are considered. The conclusion is made about the possibility of the influence of AI on improving the quality of decisions made by the court, subject to the limitation of the limits of admissibility of its use in sentencing. Auxiliary systems using AI, including those proposed by domestic authors, can solve the problems of a judge's lack of time and free up his cognitive resources. Complete replacement of the referee - a human AI - is dangerous. It can lead to the dehumanization of justice. The legitimization of AI in criminal proceedings should be carried out by the state, since the criminal process is of a state nature.

Gaps in Russian Legislation. 2023;16(5):386-391
pages 386-391 views

The Identity of the Criminal as an Element of the Criminalistic Characteristics of Crimes Against Life and Health

Baranchikova M.V., Moroz I.N.

Abstract

The article examines the data on the identity of the culprit identified on representative statistical material, which can become significant evidence of the causal relationship of certain personality traits with the mechanism of trace formation to be investigated during the disclosure and investigation of crimes against the person. The purpose of the study is to carry out an analysis and determine on its basis the most important elements of the personality of a criminal who encroaches on life and health, knowledge of the typical qualities of whom are necessary in the process of formation a methodology for investigating crimes of the corresponding group.

Based on the analysis of statistical data on crimes against life and health, a typical socio-demographic portrait of the guilty person is proposed, which determines the direction of further improvement of tactical and forensic recommendations and the content of the algorithm for investigating crimes of this category.

Gaps in Russian Legislation. 2023;16(5):392-396
pages 392-396 views

Regulation of Responsibility for Leaving in Danger Under the Legislation of Foreign Countries: Positive Experience and Significance for the Criminal law of Russia

Gadzhieva A.A., Malikov A.T.

Abstract

The purpose of the given study is a comparative analysis of the development of criminal prosecution for identified cases of inactive crimes in the form of left fire in foreign countries with different legal systems. In the framework of consideration of this issue the authors point out the different approaches of the regulation of this criminal law institution in the countries of near and far abroad.

The presented investigation notes that the historical roots of responsibility for leaving in danger both in the countries of the near abroad and in Russia are the same in its origin, therefore the rules of taking the responsibility for the criminal inaction in in this question basically coincide with some exceptions.

Conclusions: The authors note a constructive approach to formulating the signs of this composition of a crime, particularly in Belarus and Kazakhstan, where the consequences in the form of death or serious harm are designated as qualifying. The article highlights the issues of regulating the institution of being left in danger in countries of far abroad. The authors figure out that the most effective system of regulation of responsibility for these crimes has developed in the countries of the Romano-Germanic legal system and suggest adopting positive experience to improve the Russian criminal legislation.

Gaps in Russian Legislation. 2023;16(5):397-402
pages 397-402 views

Criminal Procedure (Modern Interpretation): Concept and Essence, Content and Form, Goals and Objectives

Lozinsky O.I.

Abstract

The purpose of the study. The article analyzes the conceptual apparatus that has historically developed in the domestic criminal procedure science, which reflects and expresses the understanding of the social purpose of the criminal process in our country, as well as its structure and principles of action. Conclusions. In the conditions of an unfavorable external environment, and even in connection with it and despite its negative impact, there is still a reasonable need for lawmaking in the criminal procedure sphere. In the current situation, it is not scientific energy and research that lead to innovations in the field of practical lawmaking, but on the contrary, the dynamics of lawmaking based on empirical necessity leads to the need for subsequent scientific and theoretical justifications of the legislative changes made. The meaning of the criminal process is defined in presenting to society the fact of the existence of a crime event and focusing its attention on it, and then using specific procedural procedures to bring the "disturbance" in the system of public relations into a state of "calm" and balance (while the process of restoring balance itself is a "calming" means, and the restoration of provides for both the full restoration of the violated right directly, and the adoption of various kinds of compensatory measures). In general, the purpose of the criminal process is formulated as the need for organizational registration and step-by-step support of the dispute process of the parties that arose in connection with the commission of a crime (while the results of the goal are: protection of the rights and legitimate interests of individuals, organizations, society and the state from criminal encroachments; protection of the individual from illegal and unjustified charges, convictions, restrictions on her rights and freedom). The realization of the purpose of the criminal process is complex, interdependent, step-by-step. The purpose, purpose and objectives of the criminal process are homogeneous in meaning and essentially interrelated concepts related to the field of goal-setting. Within the framework of the conducted research, the author's definition of the criminal process is formulated.

Taking into account what is stated in this article, the urgent need to reform the conceptual system of criminal procedure is justified, various concepts and author's definitions of concepts in this area are given.

Gaps in Russian Legislation. 2023;16(5):403-409
pages 403-409 views

Deprivation of Right to Occupy Determined Posts or Engage in Determined Activity as the Type of Criminal Punishment in the Republic of Kazakhstan

Nuradel M.

Abstract

To problem of legislative regulation and enforcement of supplementary punishment in the form of deprivation of the right to occupy determined posts or to engage in a determined activity is devoted article by criminal law of the Republic of Kazakhstan.

On basis of comparison provisions Criminal Codes of Kazakhstan (1997 and 2014) are showed advantages of regulation of this view punishment by current law. Peculiarities of assignment this punishment is revealed. Examples of judicial practice are considered, which confirm and demonstration topical questions of enforcement and further of develop is pointed out criminal punishment. Comparison legal status of national and foreign legislation is made. Innovations after tougher penalties are considered. Recommendation by removing gaps and lacks of norm regulating of execution criminal punishment of deprivation of the right to occupy determined posts or to engage in a determined activity are giving in the article. The measures on improving effective of enforcement such criminal punishments as deprivation of right to occupy determined posts or engage in determined activity are also considered in this article.

Gaps in Russian Legislation. 2023;16(5):410-416
pages 410-416 views

Features of the Investigation of Serial Murdering

Akkaeva H.A.

Abstract

Modern criminal practice is distinguished by the dynamism of the development of the relevant acts, as well as a high degree of organization. This fact means that the process of investigating specific crimes is much more complicated. The greatest difficulty for the work of the investigating authorities is the disclosure of serial murders. The presented article is devoted to the study of the process of organization and implementation of the investigation of serial murders. Based on the analysis, the author highlights the features of the individual stages of the investigation of these crimes. The investigation of serial murders is a complex and multifaceted process, which is primarily due to the specifics of the analyzed criminal activity. Attention is focused on the fact that this activity requires a high degree of organization and involvement in the investigation process of persons with special knowledge and skills (experts, specialists) to conduct diverse investigative actions and a comprehensive study of information available about the crimes committed and the activities of serial killers.

Gaps in Russian Legislation. 2023;16(5):417-421
pages 417-421 views

A Unified Register of Expert Methodologies: a Basis for Quality Assurance in Forensic Science and a Verified Resource for Law Enforcement Agencies

Antilevskaya J.A.

Abstract

The article is devoted to the problem of methodological control of forensic activities in the Russian Federation. The author considers the issues of substantiating the unity of methodological protection in state and non-state forensic organizations, suggests ways of making decisions using the mechanisms of protection and quality control of forensic activities in Russia. Certain groups of legal, informational, organizational and related problems related to methodological support. The issues of standardization in the field of forensic science activities and validation of methodological support are considered. The purpose of the study is to develop theoretically and practically significant proposals for the creation of a unified register of expert methods in order to modernize forensic science activities, get rid of scientifically untenable methods. Methodology. The methodological basis of the study is: general scientific methods of cognition - analysis, synthesis and modeling; private scientific methods - forecasting, analogy and comparative legal. Conclusions. It is proposed to create a Unified State Register of Forensic expert techniques on the basis of the digital platform of the Federal Accreditation Service - the Federal State Information System in the Field of Accreditation (FGIS Rosaccreditation) within the framework of the mechanism previously proposed by the author for the accreditation of forensic expert organizations in the national accreditation system of Russia. The scientific and practical significance lies in the proposal, not previously covered in the literature, to create a single verified resource of forensic methods using the algorithms of a digital platform of a supra-departmental body independent of expert organizations that has state powers to accredit organizations in the national accreditation system of Russia, as well as in a number of other offers.

Gaps in Russian Legislation. 2023;16(5):422-432
pages 422-432 views

Responsibility for Medical Crimes During the Birth and Heyday of the Russian Empire

Khamkov M.V.

Abstract

The recognition of medicine as one of the basic components of a developed state has led to a significant intensification of the legal regulation of the activities of doctors, including their responsibility, both for making mistakes and for intentionally causing harm. The period of the birth of the Russian Empire became the starting point for the systematic normative consolidation of the corresponding conceptual apparatus, the definition of lawful and criminal actions of medical personnel, as well as the establishment of criminal liability for unacceptable forms of behavior. A significant part of the legal sources of this era contains prototypes of modern provisions of the criminal law. In this connection, this article will conduct a comparative historical and legal study of the features of the legislative regulation of liability for medical crimes.

Gaps in Russian Legislation. 2023;16(5):433-437
pages 433-437 views

On the Methodological Support of Forensic Activities Outside the State Forensic Organizations

Yangirov A.I.

Abstract

The purpose of the study is to review the modern features of the methodological support of forensic expert activities outside the state forensic expert organizations of the Russian Federation and proposals to improve the level of this support, including through the introduction of expert techniques developed by employees of non-state forensic expert organizations and university scientists. The research topic is relevant due to the fact that in the context of the ongoing improvement of judicial proceedings in the Russian Federation, the problems of its expert support have become more acute, especially in the field of introducing new innovative research methods in conducting forensic examinations outside state forensic organizations. The subject of the research is the features of the development, validation, testing and implementation of new expert techniques in practical expert activity. Conclusions. As a result of the research, the insufficiency of equipment with modern expert methods, including limited access to them by experts working outside of state forensic expert organizations, has been proved, which leads to unreasonable, in some cases, unreliable conclusions. The possibilities of experts of non-governmental forensic organizations and university scientists to develop innovative methods and expert techniques are shown. The reasons for the insufficient attention of state forensic organizations to such methodological developments are analyzed. The importance of studying the problems of methodological support of the forensic activities of such experts and the development of ways to solve them in order to improve forensic activities and improve the quality of legal proceedings is proved.

Gaps in Russian Legislation. 2023;16(5):438-444
pages 438-444 views

Measures to Improve the Methodology of Fraud Investigation in the Field of Lending

Dzyuba A.O.

Abstract

Since the banking sector has been and remains one of the most attractive sectors of the Russian economy for criminals, and the process of lending to the population is growing at a rapid pace, law enforcement officers should have an extensive list of knowledge that will help them prevent, predict and ultimately successfully investigate credit fraud in order to protect such an important sphere of public relations. However, unfortunately, the measures taken to combat such crimes are still not effective. This article is devoted to the current problems and prospects for the development of the methodology of fraud investigation in the field of lending, in which modern ways of countering credit fraud are considered and analyzed, the author's recommendations for conducting individual investigative actions and attracting specialists in the field of psychology for a better and timely investigation of credit fraud are proposed.

The purpose of the research is: a comprehensive analysis and study of problems related to the investigation of fraud in the field of lending, the study of modern abilities of credit fraudsters, as well as ways of committing this crime; the development of relevant and effective measures to prevent and investigate fraud in the field of lending.

The results of the research allowed us to develop our own measures to improve the methodology of fraud investigation in the field of lending. In particular, an algorithm of the investigator's actions was proposed during the interrogation / confrontation of the suspect / accused in situations where the production of these investigative actions is carried out via video conferencing. The idea of attracting professional psychologists for a better and faster compilation of a psychological portrait of the attacker during the interrogation is proposed and argued. Moreover, new ways of searching for evidentiary information for timely exposure of criminal persons are proposed.

Gaps in Russian Legislation. 2023;16(5):445-450
pages 445-450 views

International Legal Sciences

Analysis of the WCO Conceptual Approaches to the Development of the Legal Institution of E-Commerce in the Framework of the Review of the Revised Kyoto Convention

Mozer S.V.

Abstract

The research article is prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union (EAEU, Union) in cooperation with the World Customs Organization (WCO).

A task. To systematize the WCO basic approaches on the reflection of the legal institution of electronic commerce in the International Convention on the Simplification and Harmonization of Customs Procedures (Kyoto Convention), taking into account the WCO legal instruments and tools.

Conclusions. The article examines in a complex the proposals of the international customs community submitted to the World Customs Organization as part of a comprehensive revision of the Kyoto Convention in terms of the introduction of the electronic commerce institution.

Social Consequences. Conducting a study is associated with the implementation of paragraph 11.7.5. of Strategic Directions for the Development of Eurasian Economic Integration until 2025 in terms of working out the possibility of joining the Eurasian Economic Union to the WCO fundamental legal instruments and tools.

Practical value. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC) and can be used by specialists of the customs authorities of the Member States of the Union, the EEC experts to organize strategic planning and to form the legal foundations for the modernization of the Union's law.

The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence».

Originality/value. The research material is based on an analysis of the practical aspects of the activities of the EEC, the customs authorities of the Member States of the Union, the WCO and is the result of a comprehensive study of the issue on improvement the law of the Union based on best practices of customs regulation and the legal instruments and tools of the World Customs Organization.

Gaps in Russian Legislation. 2023;16(5):451-464
pages 451-464 views

Gaps and Their Filling in Modern International Law (on the Example of Gaps in "Traditional" and "New" International Legal Institutions and Industries)

Nikiforov S.V.

Abstract

The purpose and objectives of writing the article is to study gaps in modern international law and ways to fill them by comparing gaps in traditional and "new" international legal institutions and industries.

Methodological approach. The work uses general scientific methods, as well as methods of legal interpretation and the comparative historical method.

Results and conclusions. The article examines the relevance and degree of scientific elaboration of the problem of gaps and their filling in modern international law by the example of gaps in "traditional" and "new" international legal institutions and industries, examines the possibilities of fixing gaps and ways to fill them.

The originality and value of the work lies in determining the specifics of gaps in traditional international legal institutions and industries and the features of gaps in new international legal institutions and branches of international law, primarily in the study of gaps and ways to fill them in the "new" spheres of public relations related to the development of technologies and in the technological sphere related to physical human nature.

Gaps in Russian Legislation. 2023;16(5):465-469
pages 465-469 views

Concepts of Sustainable Development in Corporate Law: the Experience of Russia and African Countries

Kartskhiya A.A., Logon D.T.

Abstract

The purpose of the study is to identify new features of corporate social responsibility and ESG standards as a factor of sustainable development and competitive growth of business and public sectors. Trend analysis of formation corporate social responsibility in Russian and foreign business practice, determination of the features of the formation and development of socially responsible business in African countries, including the oil and gas industry, as well as, a study of the systems of interrelations of corporate social responsibility concept with concepts of sustainable development, socially responsible investment, corporate efficiency, corporate citizenship, a creation of common values, environmental responsibility allowed to come to the following conclusions. Conclusions. In order to optimize a sustainable development strategy, a national model of corporate social responsibility is needed, that is based on uniform rules of social responsibility for all participants in entrepreneurial and social interaction. State regulatory policy should focus on improving the legislative framework that encourages companies and organizations to develop social responsibility strategies. To create prerequisites for sustainable development in the oil and gas industry, it is necessary to develop a model of corporate social responsibility that takes into account both national and international aspects. There is a proposal to consider the ESG concept as a tool by which companies integrate the principles of social responsibility into their core activities.

Gaps in Russian Legislation. 2023;16(5):470-477
pages 470-477 views

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

On the Question of the Procedural Independence of the Investigator in the Criminal Process

Yarychev N.U., Nagoeva M.A.

Abstract

In the article, the authors analyze the current state of procedural independence of the investigator. The main attention is paid to the problems that arise in the investigator during the preliminary investigation. The possibility of giving the investigator full procedural independence to increase the activity of his activities is being considered.

The authors examine in detail the legal status of the investigator and the degree of his "independence" during the preliminary investigation. The necessity of changing the criminal procedure legislation in terms of granting the investigator a wider range of powers is substantiated. The problems arising during the interaction of the investigator with other subjects of the criminal process are investigated. It is emphasized that the success of the investigation of criminal cases and their resolution directly depends on the degree of procedural independence of the investigator.

Gaps in Russian Legislation. 2023;16(5):19-23
pages 19-23 views

Topical Issues of Disclosure and Investigation of Murders Committed in Conditions of Non-Obviousness

Fedina L.M.

Abstract

This article is devoted to the problematic aspects of the disclosure and investigation of murders committed in conditions of non-obviousness, including crimes of past years. The article summarizes the issues related to the investigation of this category of crimes, reveals typical errors associated with the collection of initial material, checking them in the framework of the investigation of criminal cases of murders. Summarizing the legal analysis of this topic, the author proposes recommendations for recording and timely elimination of these errors in the framework of pre-trial proceedings. In general, the complexity and multidimensional nature of such a phenomenon as the illegal deprivation of human life is one of the historically first manifestations of illegal behavior in society, but, despite this, to this day is the subject of many scientific research. In addition, the relevance of this study, in our opinion, is expressed in the fact that the rule of law implies, among other things, the protection of its citizens from unlawful encroachments, securing the right of everyone to life and health, but not all crimes of this type can be solved and not all the perpetrators can be brought to justice.

Gaps in Russian Legislation. 2023;16(5):24-27
pages 24-27 views

Crimes Related to the Turnover of Cryptocurrencies: the Concept and Specifics of the Investigation

Gedgafov M.M.

Abstract

The purpose of this study is to study the current state of cryptocurrency turnover, crimes in this area and the specifics of their investigation.

Blockchain technology is increasingly being used in the global economy and cryptocurrency is being used. The use of modern technologies is also attractive for financial organizations that invest money in their development, use an electronic ledger, etc., however, it also gives new opportunities to cybercriminals who master technologies that allow them to attack financial organizations and extort large sums as a result of such attacks. Cryptocurrencies are becoming more expensive all over the world, gaining influence and beginning to significantly threaten the national security of the country. Many international legislators note that at the moment there is a situation in which criminals uncontrollably withdraw funds obtained illegally abroad from national financial systems, first transferring money into electronic form. Virtual currency has no physical expression, so it is extremely difficult to control its movement. Criminals are not limited only to embezzlement of funds. Another broad problem of cybercrime is that it is not limited to the framework of any State. Such crime is always international. The perpetrator himself can be anywhere in the world and commit a crime at any selected point. The second problem is the lack of a strict hierarchy. A criminal can act alone or together, but there is usually no leader. It also greatly complicates the investigation of such crimes.

Analyzing Russian and foreign practice, we can conclude that the higher the material and technical progress, the more dynamically crime develops in the field of high technology, which learns to use its capabilities on the Internet. For example, there is a special software that can protect the user from fixing his actions, make him completely anonymous. These are excellent opportunities for criminals, since you cannot leave traces by conducting illegal activities, using cryptocurrency and mining it. There is a fairly large arsenal of tools used by criminals, which makes it much more difficult to counteract them.

Gaps in Russian Legislation. 2023;16(5):28-32
pages 28-32 views

Criminalistic Characteristics of Crimes in the Field of Computer Information

Tambiev S.A., Teunaev A.S.

Abstract

The purpose of this study is to study issues related to the commission of crimes in the field of computer information. Most often, the actions of criminals are expressed in interference with the operation of computer equipment, intrusion into the operation of programs, databases, computer networks, as well as in performing illegal actions related to access to these devices. Through the use of computer technology and computer information by criminals, the work of state authorities is destabilized, as well as the work of information systems is disorganized. These actions can pose a physical threat to people's lives, create a threat of death, financial losses. Criminals can use computer information to violate public safety, put pressure on public authorities, create a stir and panic among the population. In addition, criminals can use the worldwide network not only for financial gain, but also to fight the current government. That is why it is necessary to develop effective methods of struggle. One of the important ways is to increase computer literacy among the population, conducting educational work about cybercrime through the media.

It is concluded that there is a need to create effective measures on the part of the state, whose criminal law policy should be aimed at solving urgent problems related to crimes committed in the field of computer information. These crimes differ significantly from traditional ones and have a number of features that are important to take into account. For example, it is their international nature that prevents the capture of criminals, since it is necessary to combine the legislation of different countries, often with different views on the problem. If there are no international treaties, it is necessary to conduct lengthy negotiations, which often do not succeed. Problems also arise in the investigation and collection of evidence. In addition to the fact that it is in principle more difficult than when the crime is committed physically, there remains an obstacle associated with international agreements or their absence.

Gaps in Russian Legislation. 2023;16(5):33-37
pages 33-37 views

Legal status of the Psychologist and the Teacher as Participants of Criminal Proceedings

Napsokov A.R., Tanashev B.V.

Abstract

The purpose of this article is to review issues related to the legal status of a psychologist and a teacher and the degree of their participation in criminal proceedings The author identified such problems as the formal use of data by the investigator and insufficient legal regulation of the process of attracting these specialists. Lack of understanding of the significance of the presence of teachers and psychologists in the subjects of criminal proceedings leads to the fact that specialists “play” a nominal role, and their legal status is reduced to minimal functions in the form of checking protocols, excluding the important assistance that they can actually provide.

Conclusions: The legal status of a teacher and a psychologist in the criminal proceedings of our country causes widespread discussion and is discussed by the country's leading legal scholars, since it is not legally defined. As a rule, the investigator, on the basis of his subjective opinion, determines which specialist will be involved. Since in our country there is no single database of specialists in this category, any specialist who formally meets the qualification requirements (presence of education or work experience) can be involved in the investigation. Unfortunately, these criteria can be very diverse, and a specialist acting in this status may not always meet it, which, in fact, is the main problem. A teacher with pedagogical experience, but no education, or a psychologist may have a certificate of retraining, and not professional education. In this connection, the participation of these specialists, in most cases, is noted as formal.

According to scientists, the teacher and the psychologist have the function of assisting all participants in the criminal process, not only the suspected (accused), but also the investigator, and therefore, the procedural status of the psychologist and teacher in the Code of Criminal Procedure of the Russian Federation should be specified. Despite the important role of a psychologist and a teacher, the activities of these subjects in criminal proceedings are not without problems, including the following: specialists are formally involved in order to comply with the rule of law; the list of powers of psychologists and teachers in criminal proceedings is limited; the lack of understanding of the significance of the presence of teachers and psychologists among the subjects of criminal proceedings leads to the fact that specialists “play” a nominal role; low level of responsibility of the specialists themselves, as a result of the non-application of their own knowledge in practice; insufficient legal regulation of the process of attracting teachers and psychologists.

Gaps in Russian Legislation. 2023;16(5):38-43
pages 38-43 views

Actual Problems of Ensuring the Effectiveness of Measures of Criminal Procedural Coercion

Kazakov A.A.

Abstract

Within the framework of this work, an attempt was made to analyze and systematize individual measures of criminal procedural coercion and evaluate their effectiveness. Thus, the author pays special attention to the use of bail as a measure of coercion, house arrest, prohibition of certain actions, as well as a number of measures applied to minors.

Basic provisions: In modern legal proceedings, the most effective is the detention of a suspect, but only if he is guilty. In cases of "suspicion", justice is faced with a direct violation of constitutional human rights and the presumption of innocence. In connection with this circumstance, jurists are developing measures of coercion that would become a balance between the observance of human rights and the interests of justice. Despite the fact that in some cases the application of the prohibition of certain actions has been positively reflected, a fairly large number of researchers note the formality of the new measure, as well as the difficulty of distinguishing one type of suppression from another.

An unambiguous problem is the conditional controllability of compliance with such prohibitions, since, for example, a ban on sending and receiving mail cannot be tracked, since you can simply ask someone to send a letter, and even seizing postal and telegraph correspondence cannot always solve this problem, the reason is the fact that a registered letter is sent in the offices without presenting a passport, besides, there is also no technical possibility to track down those who do not have the right to do so.The ban on using mobile communications except for contacting emergency services is also not entirely fair, since it excludes the ability of the accused to contact his lawyer, which is a violation of the constitutional right of any citizen to qualified legal assistance.

The ban on using the Internet is also, according to the author, insufficiently regulated, since the accused (suspect) can live with family members who are not subject to such a ban, and carry out these manipulations for him.

Conclusions: Thus, we believe that it is necessary to clearly regulate places prohibited for visiting by a person to whom a ban on certain actions has been applied, to provide for a legal opportunity to communicate with a defense lawyer via cellular communication.

The use of bail as a measure of coercion also does not have an unambiguous opinion about its effectiveness, since in order for the bail to be chosen as a preventive measure, a petition must be filed with the court. It can be filed by the accused (suspected), their representatives or defense lawyers. It must set out all the facts and grounds for choosing this particular measure of restraint.

A pledge can be made by any person (natural or legal) who has the necessary funds for this. On this fact, a protocol should be drawn up.However, situations often arise when a person is not able to pay bail, or the accused is ready to do it on an especially large scale, but the court does not agree to such “deals”, since the amount of theft charged to the person exceeds the amount of the bail by several times, and the loss albeit a significant amount of money, can "save" the criminal from imprisonment. Therefore, the courts do not always decide on bail in favor of such persons, and prefer to keep them in custody.

Another measure of coercion, especially in relation to a minor, which causes active disputes, is supervision. Unfortunately, the effectiveness of this measure is difficult to assess, since juvenile offenders, as a rule, are the children of parents whose lifestyle is far from ideal, parents abuse alcohol, drugs, etc. There are situations when a parent is unable to provide supervision because he works on a rotational basis method or in shifts. Since supervision, first of all, provides for an educational impact on a minor, we objectively consider the application of this measure in such cases to be ineffective. It is also important to apply certain criteria to a sane minor, a crime, because if it is serious or especially serious, then, although a minor, but still a criminal, is subject to detention.

Gaps in Russian Legislation. 2023;16(5):44-48
pages 44-48 views

Procedural Features of Documenting Cybercrime in the Russian Federation

Kovalenko E.V.

Abstract

The aim of the research is to develop a scientifically based criminological concept of fraud on the global Internet, and on this basis to put forward practical proposals to prevent this phenomenon, forming a unified system.

The objectives of the research are to study crimes on the global Internet, as a specific illegal phenomenon, and the special forms of social reaction to it, emerging as social relations.

Conclusions: cybercrime is any act, by its nature, involving the alteration of computer data, or interference with a computer system, resulting in the dispossession of another person. Hence, the main direct target of the fraud is protected by criminal law social relations in the sphere of property, and the objects of infringement should include property, including non-cash and electronic money.

In order to effectively prevent fraud committed using the information and telecommunications environment, effective application of criminal laws is required.

Gaps in Russian Legislation. 2023;16(5):49-53
pages 49-53 views

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

Fire Training as an Important Component of the Professional Training of Police Officers

Kardanov A.K.

Abstract

The purpose of this study is to study ways to optimize and improve the fire training of police officers in the structure of their professional training.

The quarantine conditions not only caused the COVID-19 crisis, but also showed that educational organizations of the Ministry of Internal Affairs of Russia can work remotely. The need for the transition of education to digital reality turned out to be more tangible than before. The modern world uses the Internet everywhere, there are almost no industries where these technologies would not be used. The crisis has caused certain consequences that need to be paid attention to. This is especially true for training and education.

The objectives of the study are to assess the impact of digital transformations on the fire training of police officers.

It is established that digital education is a new important stage of development for the educational process. A global approach will help to develop this direction, as it has great prospects and makes education more accessible to the masses, regardless of geographical location, social status and age. However, we must not forget about the existing risks, the fight against which should come to the fore. To do this, not only educational institutions and developers of individual programs should contribute, but also the students themselves and the legislator. Then the implementation of digital education will become more qualitative.

It is concluded that with the development of the digital educational process for fire training, the emergence of risks is inevitable, the higher the demands and technical progress, the higher the dangers will be. That is why it is necessary to develop clear algorithms, due to which it will be possible to minimize negative consequences or completely eliminate their occurrence. Since the digitalization of education is an inevitable process, it must be transformed into a tool for the development of modern society and the educational sphere as a whole.

Gaps in Russian Legislation. 2023;16(5):54-59
pages 54-59 views

Topical Issues of Using Innovative Educational Technologies in the Process of Physical Training of Students of Educational Organizations of the Ministry of Internal Affairs of Russia

Kanukoev A.M.

Abstract

In this article, innovative educational technologies that contribute to the optimization of the physical training of students in educational institutions of the Ministry of Internal Affairs of Russia, are studied. The transition to innovative educational technologies based on digital systems is a versatile and complex process. Each participant in the educational process in one way or another interacts with the global network, modern digital technologies. Gradually, the stage of transition from traditional methods used in the educational process to digital technologies begins.

The digital approach to the implementation of the discipline "Physical Training" provides a faster data search (for example, the execution of a technique from the "Combat techniques" section) and saves time; fewer training materials are required, the system can be automated. However, this approach is not always the best due to the quality of communication and the large flow of information that is not true.

It has been established that in the context of the implementation of the requirements of the Federal State Educational Standard in departmental educational organizations in the implementation of the discipline "Physical training", the following educational technologies are most relevant: information and communication technologies, the development of critical thinking, developmental learning, problem-based learning, integrated learning, health-saving technologies.

It is concluded that the main goal of departmental education is the training of highly qualified personnel for the system of the Ministry of Internal Affairs of Russia, personnel who are capable and ready to quickly solve official tasks. The acquisition of certain skills that will be required in future work is one of the most important areas of any training. To this end, the teacher and students should work together, exchange experience and knowledge in the field of computers. In order to introduce modern educational technologies into departmental education, the universities of the Ministry of Internal Affairs of Russia should use Internet technologies more actively. The ideal solution would be to create a single platform that would cover both online and traditional learning methods. Students of educational institutions of the Ministry of Internal Affairs of Russia would be able to more conveniently master educational materials, learn how to navigate the digital world, ask questions and quickly find answers to them.

Gaps in Russian Legislation. 2023;16(5):60-65
pages 60-65 views

The Goals of Functional Training in the Process of Training Students of Educational Organizations of the Ministry of Internal Affairs of Russia

Yaroslavskiy M.A.

Abstract

Inherent from birth, as well as acquired in the course of many years of testing in training, the possibilities for the manifestation of physical qualities are largely based on the general state of the body, determined by the degree of debugging of the biological processes occurring in it.

This article substantiates that the priority development, for example, of strength (or endurance, speed, coordination in space) over other parameters, albeit taking into account the genetic and physiological predisposition, can first of all be achieved due to the correct construction of the training process with a clear formulation training tasks. At the same time, regardless of the type of training, the potential of a particular athlete in relation to receiving a training load and overcoming various types of resistance is uncontestedly correlated with the functional capabilities of his body, the consideration of which in sports is necessary to solve the tasks, maintain health and prevent possible injuries. [10]

We concluded that within the framework of considering students of educational organizations of the Ministry of Internal Affairs of Russia as the target audience, it is appropriate, expedient, and also useful from the standpoint of increasing the efficiency of the subsequent implementation of professional functions, in the course of practical exercises to improve general physical fitness, to apply the so-called functional training.

Gaps in Russian Legislation. 2023;16(5):66-70
pages 66-70 views

On the Issue of the Need to Improve the Teaching of Combat Techniques of Wrestling in the Classroom for Physical Training in Educational Organizations of the Ministry of Internal Affairs of Russia

Kalmykov Z.Y.

Abstract

In this article, the issues of improving the professional skills of physical training teachers and the system of teaching combat techniques of wrestling to students in educational organizations of the Ministry of Internal Affairs of Russia are studied. The current realities of the activities of the police necessitate solving problems associated with the growth of counteraction to criminal elements using various conditions and circumstances. This, in turn, implies the presence of high rates of physical and psychological fitness of police officers who perform their operational duties to ensure public order and public safety. In this regard, the demand for physical training of specialists is growing. The physical training of police officers in educational institutions of the Ministry of Internal Affairs of Russia is aimed at developing certain skills, including combat techniques. Training police officers in combat techniques is an important part of the training provided by advanced training institutes all around the world. This helps officers develop self-defense skills and certain techniques that may come in handy in the process of detention or the need to use physical force.

It has been found that police officers can use social networks and other online resources to collect information, analyze data and make more accurate decisions. Modern technologies play a huge role in various areas of life, including in the process of training policemen in combat techniques. They help make learning more effective and fun, which in turn can improve police performance and keep the community safer. Another important technology is the use of video surveillance and action analysis. This helps to identify errors and shortcomings in the work of the police, and also makes it possible to evaluate their effectiveness in real situations. In addition, video analysis can help determine which combat technique was most effective in a particular situation and use it in future training.

Gaps in Russian Legislation. 2023;16(5):71-75
pages 71-75 views

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

Current Methods of Committing Fraud

Taova L.Y., Tokhova D.A.

Abstract

The purpose of this article is to consider methods of committing fraud, which are of particular interest, since their diversity opens up wide "prospects" for study, including by prosecutors investigating cases of this category. The scale of the activity of criminals is revealed precisely through the method of committing, since its effectiveness allows you to get the maximum profit, and the legal, at first glance, nature of this activity allows its long-term existence. The author presents different classifications proposed by legal scholars from different time periods, as there are different tendencies in the methods of fraud. Today, there is an increase in fraud in the field of computer and Internet technologies, hacking of accounts and personal offices of online banks. And some 20 years ago, the fraudsters did not shy away from selling counterfeit antiques, jewelry, etc. At the same time, “forgotten” types of fraud are periodically “remembered” even today, and ordinary people easily succumb to these schemes.

Conclusions: A wide range of methods of committing fraud allows criminals to "operate" both in the clothing market and in the financial one. The ambitions of individuals are so great that fraud is committed on an especially large scale, and already thousands of people are beginning to become victims, an example of which are the victims of financial pyramid schemes, deceived shareholders, etc.

Often the victims are even famous people, artists who fall for the purchase of counterfeit jewelry or brand things. Fraudsters do not even shy away from the fact that they are ready to deprive people of their last home or various certificates for this purpose, such as housing or maternity. Unfortunately, the rather low standard of living of citizens of our country often pushes them to receive easy money offered by fraudsters, so people are “engaged” to win-win lotteries, promotions, free service, gifts and other, where the result is the issuance of multi-million-dollar loans and the loss of property. Fraud in the field of digital and computer technologies requires special attention: carding, phishing, blocking devices through malicious mailings, hacking accounts and banking applications are only a small fraction of the methods of fraud.

Gaps in Russian Legislation. 2023;16(5):76-81
pages 76-81 views

On the Current Problems of the Spread of Information Extremism on the Internet

Shogenov T.M.

Abstract

The article discusses the features of information extremist activity, current trends in the spread of information extremism in the global information space, the increase in the influence of youth extremism, which is actively used by extremist organizations, in particular to have a destructive impact on the younger generation. It is noted that extremism is one of the sources of threats to the national security of the Russian Federation, which is confirmed by the tragic events of recent years. The main ways of spreading extremist ideology are analyzed, including through a virtual social environment, information technology methods that are used by extremists to have a devastating impact on the management systems of critical infrastructures of the state. Problematic issues, countering extremist activities on the Internet are noted.

At the present stage, the Internet space is actively used by extremist organizations to promote radical ideas, recruit new members, incite ethnic and religious intolerance, collect information about the alleged goals and objects of blackmail, psychological terrorism. We can say that information extremism in the global information space has become an alternative to traditional methods used by extremist organizations for many reasons.

In addition, in the current tense geopolitical situation, analysts predict an increase in the intensity of harmful impacts on critical infrastructure systems, as well as increased global competition and increased foreign attempts to create a negative image of Russia in the eyes of the world community.

For the study, a descriptive and comparative method, statistical and bibliometric methods were used.

The results of the study can be used to prepare scientific papers, conduct further research in this area and the practical application of the analysis in order to increase the effectiveness of countering the spread of information extremism on the Internet.

Gaps in Russian Legislation. 2023;16(5):82-86
pages 82-86 views

Current Problems of Combat Extremism in the Information Environment

Kardanov R.R.

Abstract

Extremism is currently spreading in completely different spheres of the life of society and the state, and one of the most popular sphere at present is the information environment. Taking into consideration the significant increase in the importance of information for a modern person, information relations most dynamically respond to all processes taking place in society and the state. Such dynamics is also actively used by extremist organizations, which are actively involved in the illegal and criminal activities of participants in information relations in various forms. The purpose of the presented study is to analyze the existing mechanisms for combating extremism in the information environment, identify problems and determine ways to solve them. The author comes to the conclusion that for the effectiveness of anti-extremist activities, it is of fundamental importance to take into account the specifics of the development of the information environment at the present time and to identify current trends in the spread of extremist ideas and views, taking into account emerging challenges and threats on an international and domestic scale. Attention is focused on such problems of combating extremism as the orientation of anti-extremist activities, for the most part, towards the process of identifying and suppressing acts of this direction; the dynamics of the transformation of extremist behavior in the information environment, which is far from always taken into account in anti-extremist activities; the complexity of the mechanisms for restricting and prohibiting access to specific extremist materials. It is noted that they need to be resolved as soon as possible in order to fully use the potential of combating extremism in the information environment.

Gaps in Russian Legislation. 2023;16(5):87-91
pages 87-91 views

Methods of Involvement in the Financing of Terrorist Activities

Fakov A.M.

Abstract

Financing of terrorism is the provision of funds or the provision of financial support to terrorists. The financing of terrorist activities is carried out both on an initiative basis and as a result of a targeted impact on the consciousness and will of the persons involved in this activity. Deception is also a method of involvement in the financing of terrorism. By providing false, incomplete or misrepresented information, the implicit person deliberately creates a misconception in the person providing the funds about the purposes for which the provided funds are ultimately directed or about the criminal nature, including the directly terrorist nature of the activities that it finances. Involved person is indifferent or without due prudence refers to their activities to provide funds. Involvement in terrorist activities in its content implies involvement not only in the commission of a terrorist act, but also in any other form of terrorist activity. In accordance with the specifics of the motivation for the participation of subjects in such a specific type of criminal activity as the financing of terrorist activities, it is necessary to identify persons whose criminal activities are mediated by their involvement in the financing of terrorism by other persons and determine the ways of such involvement, primarily for preventive purposes. If the initiative participation in the financing of terrorist activities is determined by various ideological, religious, nationalistic, selfish or other considerations, then in relation to the persons involved, there is a purposeful impact on their consciousness and will. The article discusses the techniques and methods that make up the typical ways of involvement in the financing of terrorist activities.

Gaps in Russian Legislation. 2023;16(5):92-96
pages 92-96 views

Priority Directions of Countering Extremism and Terrorism at the Present Stage of Society Development

Zhamborov A.A., Semiglazov A.G.

Abstract

The issues of ensuring national security in difficult geopolitical conditions are among the highest priorities within the framework of the state policy of the Russian Federation, therefore, the purpose of this work is to study development trends, counteraction problems, as well as the features of modern extremism and terrorism, which pose a significant threat to the principles of civil society in almost any rule of law state.

To date, extremism and terrorism as a socio–political phenomenon occupy one of the central places in modern scientific discourse. The discussion of problems related to these negative phenomena is actively taking place on the pages of scientific and journalistic journals, which in turn allows us to talk about the possibility and relevance of their consideration.

The paper notes that one of the general trends of these highly resonant crimes is a steady increase in the degree of their public danger both for the foundations of the social and state system of Russia, and for international relations and international security. This, in turn, presupposes the legal regulation of the fight against these radical social phenomena on the part of the State as one of the priorities.

The objectives of the study are the need to develop a comprehensive set of countermeasures aimed at prevention, as well as combating the activities of extremist and terrorist organizations, which, in our opinion, should in turn be based on: firstly, a nationwide unified set of preventive measures assuming a systematic and permanent nature, covering all the necessary levels of regulatory regulation; secondlysecondly, to increase the effectiveness of the practice of applying anti-terrorist and anti-extremist legislation; thirdly, to use the international experience of other countries that have also faced extremism and terrorism in any form of its manifestations.

When studying the entire block of problems related to countering extremism and terrorism, it should be noted that we are talking about a cultural and social phenomenon whose main idea is the expression of hatred and enmity, and, concerning some of the causes of their occurrence and development, attention should be paid to moral, socio-psychological attitudes in a particular society.

Conclusions: we can talk about the effectiveness of measures taken to counter extremist and terrorist manifestations only if, in addition to persons authorized by law, the whole society as a whole is involved in this process, and of course, among them representatives of the scientific community, scientists of various specialties.

Terrorism and extremism at the present stage of society's development are defined by some distinctive features and signs, in addition, it is possible to trace systemic trends and problems in countering these crimes, which in turn presupposes and requires a comprehensive study and research of these phenomena in order to develop a set of scientifically based practical measures necessary to increase the effectiveness of combating them. In addition, the results of such a comprehensive study can be used for further theoretical research, preparation of scientific papers and practical application of the considered innovative methods in the future, which will become an effective tool in the fight against crime.

Gaps in Russian Legislation. 2023;16(5):97-103
pages 97-103 views

Use of Special Knowledge in Investigating Crimes Committed by Different Categories of Persons

Surtsev A.V., Shalov E.S.

Abstract

The purpose of this article is to study the use of special knowledge. The authors point out that different experts may be engaged to investigate the same process, providing varying levels of assistance to the investigator prior to the initiation of a criminal case, or directly during the investigation. The authors believe that investigators should be guided by the latest “novelties” of the expert community, actively master digital technology, understand various processes in order to successfully apply this knowledge in the investigation process, understand what specialists are needed to give explanations and provide assistance.

Conclusions: Both during the investigation process and in some cases before criminal proceedings are initiated, different specialists may be involved. In the first case, specialists help investigators to carry out various investigative actions, prepare for them, and in the second - to help to establish the circumstances that should be prosecuted, that is, to confirm the criminal nature of the act. Unfortunately, the development of science and technology serves not only the benefit of society, but also contributes to criminal research, so investigators are increasingly turning to knowledgeable individuals who help explain the schemes, processes, and consequences of certain acts, crimes, and often the goals of criminals. Specialists provide consulting and explanatory assistance, give clarifying information, advice on conducting the necessary examinations, and the results that they can give. It should be noted that police officers should also broaden their horizons, and not blindly rely on the arguments of specialists, treat them with a reasonable degree of criticality, especially in the case of conclusions on new types of expertise. Also, if there are doubts to clarify these versions with other specialists, that is, the investigator should be guided in the basic scientific knowledge, and if possible to take an interest in the latest achievements of expert technology. Since 2021, there has been conversations about the electronic criminal process, for which the latest digital technologies are being widely mastered, digital technology, various CIRS, hardware-software complexes, etc. are being used.

Gaps in Russian Legislation. 2023;16(5):104-110
pages 104-110 views

Activities of the Russian Federation to Counter Extremism and Terrorism in the Eurasian Space at the Present Stage

Misrokov T.Z.

Abstract

The article analyzes the activities carried out by the Russian Federation to combat the threats of extremism and terrorism in the Eurasian space in the current conditions of global economic, political and other changes. The author examines the legal, political, socio-economic and other measures taken by the Russian Federation in matters of ensuring stability and security on the territory of the Eurasian continent.

The purpose of the work is to identify and critically comprehend the gaps and problems that have developed in the expanses of Eurasia in countering threats of an extremist and terrorist nature, as well as to formulate proposals for improving approaches to the formation of a unified Eurasian system of international security capable of promptly responding to emerging challenges and crisis phenomena. caused by the activities of terrorist and extremist organizations.

The author comes to several conclusions. Firstly, the activities of the Russian Federation to counter extremism and terrorism in the Eurasian space should be of a preventive nature, based on a systematic analysis of ongoing processes, forecasting threats based on the generalization of the data obtained. Such analytical activity is possible only with the formation of a system for the exchange of information, the consolidation of the collected data and their prompt transfer between the countries of the Eurasian region of our planet.

Secondly, successful counteraction to extremism and terrorism is possible only if these threats are adequately perceived by the states participating in international efforts to ensure peace and security. It is impossible to ensure domestic security and international security with an active fight against terrorism, but the absence of a full-fledged counteraction to threats of an extremist nature, which in the future will create a breeding ground for further terror.

Thirdly, successful countering extremism and terrorism goes beyond just law enforcement and military tasks. An important aspect of the fight against these threats is the elimination of the causes and conditions conducive to their spread. Such conditions include socio-economic instability, low level of education, lack of information literacy of the population, unemployment and a number of other factors, unresolved ethnic, religious, cultural and other conflicts.

Gaps in Russian Legislation. 2023;16(5):111-118
pages 111-118 views

Terrorism as a Threat to World Democracy

Urusova L.K.

Abstract

Terrorism not only kills the innocent, it undermines the long-standing structure of democratic states, even with mature democracies, such as the United States and much of Europe. Fear of terrorism distorts public debate, discredits moderates and reinforces political extremes and destabilizes any society.

The purpose of this article is to attempt to explore the basic elements, key concepts and principles that underlie international instruments and institutions dealing with complex topics of terrorism and ways to counter it, as well as any tough response based on the security of the state faced with acts of terrorism.

A range of actors, including the government, international public institutions and civil society, can reduce the scale and scope of terrorist violence, thus mitigating its dangerous political consequences. To reduce the danger that terrorism poses to democracy, special attention should be paid to the sharing of intelligence around the world. The world community must immediately respond to any presuppositions or manifestations of signs of terrorism, must intensify efforts to infiltrate right-wing terrorist movements, arrest their members and devote more resources to solving this problem.

Thus, a complex of military measures against terrorists, the exchange of intelligence data with constant surveillance of terrorists, the protection of public order, the security of the freedoms of citizens and the integrity of state borders remain necessary, guaranteed resources on the way to ensuring a comprehensive fight against world terrorism in order to preserve democracy throughout the world.

Gaps in Russian Legislation. 2023;16(5):119-123
pages 119-123 views

Extremism as a Model of Conflict Behavior

Kurashinova A.K., Doeva I.G.

Abstract

Unfortunately, extremism has become a characteristic feature of modernity in the last few decades, including in Russia. This phenomenon is generated by many factors. In our country, the countdown of the noticeable growth of this destructive phenomenon should be conducted approximately from the dashing 90s, which gave rise to a crisis in the economy, a rapid increase in unemployment, the social stratification in society that emerged during these years, high corruption, passivity of state law enforcement agencies with simultaneous activation of criminal elements. All this, in turn, gave rise to people's disbelief in the government. In addition, the effectiveness of such social institutions as family and education has significantly decreased. Another reason arising from these circumstances was the vacuum formed in the sphere of spiritual and moral life of citizens due to the loss of former moral ideals and the lack of new ideological content. Disunity, social confrontation appeared in the relations of people, and such traditional values of Russian culture as collectivism, catholicity, national unity, are no longer in demand. Today the situation is aggravated by the international situation - we have to live surrounded by most of the aggressive-minded states, whose hopes for the weakness of Russia have not come true. In current conditions, extremism as a model of relations between people is becoming more and more common. Most of people have forgotten how to negotiate, how to compromise. To prove one's rightness to another from a position of strength at any cost becomes a «matter of honor». If the trend continues, society may become even more divided and disintegrated, and extremism and conflict may become the main means of solving social problems. These circumstances led to the choice of the named topic.

Gaps in Russian Legislation. 2023;16(5):124-127
pages 124-127 views

High Technologies in Countering Extremist and Terrorist Crimes

Kurshev A.K.

Abstract

The purpose of this study is to study the possibilities of countering extremist and terrorist crimes with the help of high-tech achievements.

At the moment, criminal acts classified as terrorism or extremism are actively committed using information technology, and the Internet is becoming a kind of field of activity. This fact is due to the constant shift of a large number of activities and processes to a virtual format, since cyberspace plays an increasingly important role in modern society.

It is established that the use of telecommunication functions and mechanisms in the commission of crimes allows you to take advantage of a whole range of advantages. First of all, it becomes more difficult to identify the criminal due to the fact that the geographical factor ceases to be significant in the search for the offender. In addition, information resources are characterized by openness, they are accessible to most Internet users, due to which any of them can engage in criminal activity. For the same reason, the activities of criminal associations are becoming more effective: it is easier to search for accomplices via the Internet, attract new members of the group, distribute illegal data, propagandize and perform other illegal actions. In addition, even the active activity of law enforcement agencies associated with the local blocking of extremist materials on the web does not allow them to be fully covered. The high level of accessibility of information platforms where extremist materials are published makes it easier for criminals to find new supporters, recruit them and work to attract funding for their projects.

It is concluded that at the moment the existing mechanisms of countering terrorism and extremism are no longer sufficiently effective, which is due to the transfer of a significant part of the processes in society to an online format. Only the improvement of measures to counter these crimes and an integrated approach to the development of ways to prevent the implementation of such activities will allow us to demonstrate significant changes in the fight against criminal associations, as well as reduce the chances of the latter achieving their goals.

Gaps in Russian Legislation. 2023;16(5):128-132
pages 128-132 views

Cyberterrorism as a Global Threat to National Security

Tsrimov A.A.

Abstract

The purpose of this study is to study cyberterrorist threats emerging in the global information space and ways to counter them.

Cyberterrorist organizations set themselves the goal of destroying state systems, preventing the functioning of information structures, computer systems, databases, infiltrating the infrastructure of the public administration system and destroying it. Crimes are aimed at important objects of the state, therefore they pose a great threat and can have far-reaching dangerous consequences that can affect all citizens as a whole or their individual groups. It is important to understand not only what goals cyberterrorists may be interested in, but also what cyberspace is attractive to them, what methods they can use to achieve their goals. Modern technologies are actively studied by criminal groups for their further application in their activities. For example, they allowed gangs to abandon the hierarchical system and switch to a decentralized form, which significantly complicates the search and detention of members of such organizations. The use of technology allows criminals to increase the efficiency of their activities, better hide from law enforcement agencies.

It is concluded that the development of terrorists in the use of technology is also dynamic, since their type of activity requires deep conspiracy and flexible capabilities. Criminals, after committing certain actions, analyze them, understand what they did successfully and what they did not, exclude mistakes that may lead to their arrest or an unsuccessful attack in the future. This allows them to prepare well for the next actions. Thus, one of the key problems for the law enforcement system is the adaptability of responses to cyberterrorism. It is important to create a system that can change quickly and respond to threats, as criminals themselves change their tactics and actions.

Gaps in Russian Legislation. 2023;16(5):133-137
pages 133-137 views

Problems of Countering Extremism and Terrorism in Modern Russia

Lyuev T.K.

Abstract

The article is devoted to the study of the essence of extremism and terrorism. The presented article discusses the sources of modern extremism and terrorism, measures and current problems to counter them, analyzes the statistical data of extremist crimes registered in our country in recent years, the causes and conditions for the dynamics of this type of crime. Currently, extremist movements are being transformed, and their tactics are being improved as new methods and means of financing extremism and terrorism appear, as well as ways to recruit and attract new members to the ranks of terrorist and extremist organizations, and therefore the number of external and internal threats is rapidly increasing. The author of the article considers the directions for countering and preventing extremist activity, sets out recommendations for organizing preventive measures and preventing crimes of this category. The purpose of the scientific article is to identify effective methods of combating extremism and terrorism in the current conditions of globalization. The objectives of the presented study are: consideration of the nature and main factors that cause the growth of various manifestations of extremism and terrorism; consideration of problems related to the identification of the most relevant areas in the fight against extremism and terrorism. The author proposes some measures and methods to improve the methods of preventive work and counteracting this type of crime, preventing manifestations of extremism and terrorism in modern Russia.

Gaps in Russian Legislation. 2023;16(5):138-143
pages 138-143 views

Countering Computer Terrorism in the Context of Informatization of Society

Gedugoshev R.R.

Abstract

The purpose of this study is to study computer terrorism, which is a product of the informatization of society and ways to counter it.

It should be noted that in the legislation of many countries, the interpretation of terrorism is very vague. In the dictionary of S.I. Ozhegov, terrorism is defined as the policy and practice of terror — the intimidation of one's political opponents, expressed in physical violence up to destruction, or in the brutal intimidation of the population. Following this definition, we can single out the main feature of terrorism: force is the main vector for achieving goals. The terrorist method of influence is always panic, threats, causing death or injury to a large number of people.

Thus, in the conditions of the economic crisis, the transition period in politics, when social clashes appear, people stop assessing what is happening adequately. Growing uncertainty, fear, panic generates bitterness. These conditions allow terrorists to achieve successful agitation and force people to take to the streets, start riots. Poverty, unemployment, a sense of hopelessness and ignorance of what will happen tomorrow lead to increased distrust of the existing government. People are starting to look for ways to discredit and replace such power, perhaps even by force. That is why terrorists and extremists are becoming more active, finding support among the masses. In addition, most often terrorist acts are carried out against those persons who are the weakest. This provides one of the important goals of criminals — to cause panic in society. Intimidation is a powerful tool for communicating your will and creating the right social environment for further actions.

It is concluded that the fight against terrorism should be carried out at all levels of the state, and not only by law enforcement agencies. It is necessary to involve all state and public institutions, purposeful work to eliminate the environment favorable for the development of terrorists. To do this, all state institutions, the media and society must unite.

Gaps in Russian Legislation. 2023;16(5):144-148
pages 144-148 views

Methods of Recruiting Young People to Terrorist Organizations

Teppeev A.A.

Abstract

The purpose of this article is to highlight a wide range of methods of recruiting young people into terrorist organizations. The author outlines the prerequisites and main trends in recruiting young people. Today, the issue of recruiting people to terrorist organizations is very acute in our country. Despite the fact that the problem is known to everyone, nevertheless, there are no clear methods of dealing with it. Every year, these issues are raised by parents, teachers, leaders of social movements, how not to get hooked by recruiters, and most importantly – to protect children.

Unfortunately, the main target of these criminals is young healthy people who are able to hold weapons in their hands, and it does not matter whether it is a woman or a man.

As a rule, both are needed, because in addition to the implementation of terrorist acts, people are needed for other "things". If men are most often used as suicide bombers, then women and girls often, before also becoming "shahids", perform the role of concubines, cooks, and just free labor.

Conclusions: Today, recruitment is a clear strategic operation to involve young people in terrorist organizations. Recruiters are professional psychologists who have received serious training. As a rule, recruitment is carried out through social networks that represent the widest audience of different ages, social status and moral beliefs.

The contingent of the recruiter's victims is mainly young people, because they have uncritical thinking, receptivity, and pliability. Conversion to Islam, as a rule, significantly expands the possibilities of the recruiter. The new converts are ready to do anything to confirm the seriousness of their intentions.

Young athletes who have been distinguished by discipline, strength, endurance since childhood, as well as professional military personnel are also attractive to terrorists. Specific recruitment methods include marrying terrorists, holding agitation meetings and joint religious rites.

Gaps in Russian Legislation. 2023;16(5):149-155
pages 149-155 views

Ensuring the Security of the Digital Space from Cyberterrorist Threats

Ordokov M.K., Martynenko O.V.

Abstract

The purpose of this study is to study the possibilities of ensuring the security of the digital space from cyberterrorist threats.

The main feature of cybercrimes is the isolation of the criminal from the crime scene. Thus, he can be anywhere in the world, and commit a crime in another. The Internet erases boundaries and time gaps. Some scientists are of the opinion that it is possible to achieve effectiveness from international cooperation only if not individual countries, but at least all developed countries take part in it.

It is established that in order to ensure information security at the national level, it will be necessary to adopt an effective system that will make it possible to use comprehensive measures, as well as to act jointly with foreign states. The measures should be aimed at joint confrontation with terrorists. It is important that these measures allow not only to eliminate the consequences of crimes, but also to prevent them in time. This will require the systematic development and justification of methods to combat cybercrime. To protect information in cyberspace, regulation of IT networks at the state level is currently relevant. This will help to ensure high security and increase the capabilities of law enforcement agencies in the fight against cyberterrorism.

It is concluded that the Russian legislative framework regarding cybercrime is only being formed. This is due not only to the growth of cybercrime as such, but also to the fact that this phenomenon has appeared relatively recently, and the law has to make up for the difference. The social relations in which cyberspace is involved are actively developing, they are used in almost all spheres of life, which is why domestic cybercrime researchers say that accelerated development of the regulatory framework is necessary.

Gaps in Russian Legislation. 2023;16(5):156-160
pages 156-160 views

Distribution of Extremist Materials on the Internet: Problems of Detection

Mukhtarov D.J.

Abstract

The purpose of this study was to study the problems of detecting extremist materials on the Internet. The methods of combating this phenomenon are analyzed.

It is established that extremism is not a single form, but their totality. Actions of an extremist nature can be committed by either one person or a group of persons in order to achieve their political and other goals. As a result of the fact that every year the Internet is increasingly integrated into all spheres of activity of corporate structures, public authorities, citizens, not only the convenience of transmitting information is growing, but also new, previously unknown threats are emerging. The more the Internet is introduced into the public sphere, the more threats emanate from it, a system to combat which has yet to be developed. In order to balance relations within cyberspace, legislative regulation of the Internet and actions in it is required. For the Russian segment of the Internet, legal regulation is a necessity. Forms of extremism are constantly changing, this is clearly noticeable by the methods they use, for example, on the Internet. To combat this phenomenon, the States of the world must unite. The more countries enter into the agreement, the less likely international terrorists and extremists will be to cause harm. To effectively combat the propaganda of extremism in social networks, it is necessary to create a working mechanism that will allow you to continuously monitor information, block prohibited information, as well as take other measures provided for by the law of the Russian Federation.

It is concluded that the state should adopt a number of regulatory legal acts that facilitate the monitoring and blocking of prohibited materials, preventing the involvement of young people in various extremist movements and groups, and terrorist activities.

Gaps in Russian Legislation. 2023;16(5):161-165
pages 161-165 views

Artificial Intelligence in Countering Terrorist Threats in the Global Information Space

Cherkesov A.Y.

Abstract

The purpose of this study is to study the possibilities of using artificial intelligence in the law enforcement sphere in countering terrorist threats in the global information space. Thus, artificial intelligence helps to carry out the following manipulations: identification of a citizen; confirmation of the authenticity of an Internet user, content; identification of criminal acts regarding security systems; establishing the presence of cold or firearms in a person; monitoring the location of citizens who are wanted; formulation of versions of the investigation and determination of the vector of activities for their verification; modeling of the crime picture; identification of the serial nature of several criminal acts; monitoring of computer files, access to which is restricted; determination of the primary source of information on the Internet; analysis of the collected evidence in the case; forecast of the operational situation and criminogenic situation; analysis of the actions and strategies of terrorist cells; identification of channels illegal deliveries of items withdrawn from civil circulation; creation of forecasts on illegal migration and criminal actions at the ethnic level; compilation and processing of psychological portraits of criminals; analysis of potential places of commission of illegal actions, as well as time and circumstances; analysis of witness statements and words of suspects, comparison, search for inconsistencies; monitoring of Internet traffic on the pages of suspects, tracking their online activities; decryption of codes used by criminals to conceal the content of conversations and the purposes of activities; obtaining the necessary information from mobile devices; the implementation of anti-terrorist measures in the regions with the activation of criminals conducting such activities and much more. Of course, artificial intelligence may not be able to completely replace a person in the investigation of crimes, including those related to terrorism, but it serves as an effective tool to help the investigator, helping in the investigation and reducing the burden on law enforcement agencies.

Gaps in Russian Legislation. 2023;16(5):166-170
pages 166-170 views

Modern Terrorism: State and Prospects

Khachidogov R.A., Kazachenko A.A.

Abstract

The purpose of this study is to study the current state and prospects for the development of terrorism.

Researchers use different approaches in treatises on terrorism. Some consider it as a socio-political phenomenon that consists of many organizations included in the system, having a clear leader, ideology and certain attitudes. Organized groups perform certain tasks, although there may be lone terrorists who have the same aspirations and ideals as the group. Individual terrorists and a group of individuals are united by a common idea. It is not necessary that they are members of the same group, they can exist independently of each other and not even know about each other's existence, while they will have common aspirations in using threats and violence against the state and society to achieve their ideological goals. The aim of terrorists can be both the destruction of the old order and the installation of their own, but for this the old one still needs to be destroyed. Terrorism has a complex structure, because of which it turns into a social phenomenon associated with ideology or religious mass consciousness. Terrorist organizations can have their own teachings, rules, and take various actions to achieve the ideals they believe in. Religious fanaticism can be attributed to extreme manifestations of criminal activity.

Thus, terrorism is not only a crime of a certain type, but also actions aimed at disturbing public order, creating a threat to public safety. Such crimes carry a high degree of threat to both individuals and State institutions. These crimes are based on hatred and enmity. Terrorist crimes encroach on individuals or an indefinite circle of persons, for example, when committing a terrorist attack in a crowded place.

Gaps in Russian Legislation. 2023;16(5):171-175
pages 171-175 views

Information Technology: a New Round of Terrorism and New Ways of Countering

Khamurzov A.T.

Abstract

The purpose of this study is to study new ways of the emergence of terrorism and ways to counter it.

Terrorism is an attempt on the life and health of citizens, public safety, infrastructure and public authorities, the natural, information environment, important officials.

Modern terrorists are increasingly taking advantage of the Internet. Most often, recruitment is carried out through social networks, where there is an opportunity not only to transmit a huge flow of information, but also feedback from any interested user. In this case, it is quite difficult for law enforcement agencies to track the information, especially to do it quickly and on time. As a result, it is not always possible to stop illegal actions in time. According to the Ministry of Internal Affairs and information in the media, measures to counter terrorism are carried out regularly. In addition, the legislator is constantly refining the legal framework. For example, an extrajudicial procedure has recently been adopted to restrict access to Internet resources containing calls for mass riots, extremist activities, as well as incitement to ethnic or religious strife, participation in terrorist activities, public mass events held in violation of the established order. Despite the counteraction measures taken by the law enforcement agencies of the Russian Federation, the number of terrorist crimes is constantly growing. This is due not only to the aggravated socio-economic situation and the country's foreign policy, but also to the insufficient experience of law enforcement officers, the lack of a sufficient number of special technical means.

It is concluded that the Internet helps terrorists to influence the population psychologically, for this purpose specialists are involved in the case. It is worth noting that terrorist groups often include people with certain professional skills and a good education, and a comprehensive approach is required to effectively counter terrorist activity through a worldwide network. In addition, it requires the mobilization of considerable forces of state bodies and individual citizens.

Gaps in Russian Legislation. 2023;16(5):176-180
pages 176-180 views

Artificial Intelligence as a Means of Forecasting and Countering Terrorist Crimes

Abidov R.R.

Abstract

The purpose of this study is to study the capabilities of artificial intelligence in the investigation of terrorist crimes.

For a successful investigation of terrorist crimes, high-quality operational work, support of the investigation and clear execution of the investigator's instructions are important. And here the use of artificial intelligence could become a rational solution that would help to eliminate possible errors of the investigation, as well as quickly analyze a large amount of information. This technology is perfect for the role of an auxiliary tool that can save time and reduce the efforts made by people by taking on part of the load. With the help of artificial intelligence, you can quickly process a large amount of data, systematize the results, getting rid of routine work that requires a lot of time. In addition, artificial intelligence can be used to analyze materials, it can check posts on social networks. About 60% of terrorists publish information about the upcoming terrorist attack in advance. The identification of such information significantly helps to prevent a tragedy. This task can be performed by almost any neural network capable of checking a large amount of information. If it can take weeks or even months for a person, the neural network will cope in a few hours.

It is concluded that the use of artificial intelligence and neural networks allows you to achieve better results, save time, and quickly analyze a large amount of information. A comprehensive campaign makes it possible to achieve an effective and as fast as possible investigation of crimes related to terrorist activity. It also makes it possible to develop a set of measures to counter and prevent terrorism.

Gaps in Russian Legislation. 2023;16(5):181-185
pages 181-185 views

Signs and Objectives of Terrorism in the Global Information Space

Kardanov A.R.

Abstract

The purpose of this study was to study the attractiveness of the global information space for terrorist purposes and ways to counteract their criminal goals.

The process of developing the digital space and its integration into various areas of human activity is complicated by the spread of illegal actions in cyberspace, which can be expressed in various forms, including the most large-scale and dangerous, which include terrorism and extremism. In addition, the increased development of the virtual format of interaction causes not only the intensive development of criminal forms and subcultures, but also the promotion of illegal lifestyle, the involvement of young people in illegal actions, as well as an increase in the number of cybercrimes. In many ways, it is unrestricted access to the Internet that provides increased risks for minors, expressed in a collision with the above-mentioned dangers. During a socially unstable situation, extremist activity intensifies, such communities create new groups, including with the help of social networks, in order to maintain social tension and disseminate extremist information on a large scale. A striking example is the coronavirus pandemic, when an unstable situation was created in the world, which led to the aggravation of a number of political conflicts and an increased level of public distrust of the authorities, since the latter's restrictive actions caused a negative reaction.

All of the above points to the high need for the formation of a special environment for young people, in which they will be able to adapt to the information environment, learn to work independently in it and critically evaluate the information that is offered for study in various sources. It follows from this that information literacy for the younger generation is one of the key properties that determine the effectiveness of countering terrorist and extremist ideologies in the virtual space. In addition, educational and educational methods are important, which perform the function of prevention and reduce the risk of spreading terrorist and extremist ideas in society.

Gaps in Russian Legislation. 2023;16(5):186-190
pages 186-190 views

Problematic Issues During the Inspection of the Scene of Crimes of a Terrorist Nature

Teuvazhev Z.A.

Abstract

The purpose of this article was to study the current situation in geospace, which created the prerequisites for the activation of terrorist cells on the territory of our state. This has predetermined the need for an adequate response, especially from law enforcement agencies. Launched on the territory of the Donetsk and Lugansk People's Republics in order to protect the Russian-speaking population from the encroachments of the neo-Nazi regime of a neighboring state on February 24, 2022, the Special Military Operation unwittingly contributed to the activation of terrorist groups, carefully prepared and supervised by special services of the countries of Western Europe and the United States. Despite the fairly effective preventive activities of law enforcement agencies, unfortunately, there are isolated cases of malefactors bringing their criminal plan to commit a terrorist act to the end. Due to active opposition on the part of criminals at the stage of preliminary investigation and trial, it is important to carry out a professional investigation, within the framework of the current legislation, including during an inspection of the scene, in order to exclude the release of perpetrators from criminal liability by virtue of committing errors and shortcomings by persons conducting an investigation in a criminal case.

The objectives of the study are to analyze the existing practice, identify the main objectives of the inspection of the scene and highlight the main errors and shortcomings that occur during this investigative action. It is also necessary to highlight the main activities of the relevant authorities to prevent these problematic aspects. Particular attention is paid to the need to comply with the law and human rights.

Conclusions: in conclusion, the author concludes that an effective inspection of the scene is a key element in the fight against terrorism and requires high qualification and professionalism on the part of law enforcement agencies.

Gaps in Russian Legislation. 2023;16(5):191-195
pages 191-195 views

Operational Search Forecasting in the Field of Countering Extremism

Teuvazhukov A.H.

Abstract

The purpose of this study is to study the possibilities of operational search forecasting in countering terrorism. The aim of terrorists and extremists is to undermine the state system, physically destroy representatives of state power, and create various crises. However, one should not always associate this type of crime with a person's belonging to a certain concession, nationality or political current. Terrorism is one of the most important threats to national security, so it is important to organize a competent fight against it. This criminal phenomenon is widespread all over the world, its popularity is associated not only with the increased level of violence everywhere, but also with the emergence of ideologies that cultivate such methods of combating political and religious opponents to the masses. Terrorists resort to various methods of pressure on opponents, it can be physical and psychological violence, demoralization of victims, the desire to cause the greatest damage when committing crimes, which are often accompanied by special sophistication and sadism. To counter terrorism and extremism, departmental regulatory legal acts are provided that regulate the actions of the security forces, indicate which public and secret measures are required, and help solve the tasks assigned to law enforcement officers related to prevention, counteraction and disclosure of crimes. Work with young people plays an important role. This can be pedagogical, as well as legal education, educational work. In general, the proposed approaches help not only to prevent recruitment, but also to identify young people who have already joined extremist or terrorist organizations or are plotting to commit crimes of the category in question. In order to prevent and prevent the implementation of these acts, a set of measures are being carried out aimed at neutralizing or eliminating the conditions and causes that influence the decision of young people to join an extremist or terrorist organization.

Gaps in Russian Legislation. 2023;16(5):196-200
pages 196-200 views

Cyberterrorism Among the Youth: the Main Causes and Methods of Counteraction

Chochaev T.H.

Abstract

The purpose of this study is to involve young people in destructive ideologies and illegal activities. Regardless of age, people have access to modern technology that can access the Internet and perform certain tasks. The youth audience has an increased risk group, as they can easily be recruited, for example, by terrorists. Terrorists spread disinformation, intimidate the population, create panic, try to create an atmosphere of helplessness. Terrorism has a political character, but it can operate not only in the political, but also in the social, psychological, and economic spheres. Cyberspace helps to perform such tasks quickly, with minimal risk of being caught. Terrorists keep in touch with each other, communicate, recruit new members, manage groups, and distribute extremist materials also using the Internet. Most spheres of life, including the economy, are gradually globalizing and going digital, this makes them more convenient and accessible, allows you to speed up many processes and make them accessible from anywhere in the world. However, such automation brings not only progress, but also a threat from cyberterrorists. The purpose of cyberterrorism is to destabilize the political situation, put pressure on the authorities, force them to make certain decisions that are beneficial to terrorists, as well as the threat of violence in order to influence decision-making by public authorities.

It has been established that the attention of terrorists in recent years has been attracted by social networks that allow them to enter into direct contact with individuals or groups, conduct a dialogue, and defend their position. Networks help them to keep in touch with their colleagues, to prepare attacks. The preparation, coordination and conduct of terrorist acts can also be carried out via the Internet with the help of special programs.

Gaps in Russian Legislation. 2023;16(5):201-205
pages 201-205 views

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

Protection of Big Data as an Element of the National Security Structure of the State

Aripshev A.M.

Abstract

The purpose of this study is to study the sources of threats to the national security of the state from computer criminals. The objects of their encroachment are big data, which stores users' personal information, corporate and government information. In addition, there may always be situations within economic relations, political and social processes that attract criminals and force them to be active.

The objectives of the study are to develop proposals to reduce threats to the national security of the state and to ensure the protection of big data. The encroachment of criminals on big data is carried out to destabilize the work of state authorities, to disorganize the work of information systems. These actions can pose a physical threat to people's lives, create a threat of death, financial losses. Criminals can use the technique to violate public safety, put pressure on public authorities, create a stir and panic among the population.

It has been established that the main methods of combating criminals include the development of an appropriate legislative framework and the creation of authorized bodies that will investigate such crimes. The legislator has already adopted several documents setting priorities, goals and objectives of combating crimes in the field of big data. Despite the work done, the laws governing relations in the virtual space are still at the initial level of development. It is necessary to adapt to the reality in which the growth of technology generates new types of crime.

It is concluded that it will be necessary to solve a number of problems, only then it will be possible to stop the actions of criminals effectively. Today, the problems lie in the fact that many areas, even within the country, are in poor contact with each other. For example, banking and other financial organizations, mobile operators cooperate extremely poorly with law enforcement agencies. There is no common information exchange system. Due to this, criminals can hide the traces of crimes and hide themselves.

Gaps in Russian Legislation. 2023;16(5):206-210
pages 206-210 views

The Use of Digital Technologies in the Activities of the Department of Internal Affairs

Kushkhov R.K.

Abstract

The purpose of this article is to highlight the main areas of use of digital technologies in the activities of the Department of Internal Affairs. The relevance of the topic we have chosen for study is due to the fact that digital technologies have influenced the life of every law enforcement officer. Digital means of forensic technology are hardware and software systems, technical means (devices, gadgets, equipment), robotics components, specialized software used for the purpose of research, detection, seizure, recording and verification of information.

Conclusions: In the article, we described in detail how digital technologies are used in the activities of the Department of Internal Affairs, and also analyzed the points of view of various authors regarding the concept of digital technologies. It was found out and proved that digital technologies are a special case of information technologies. Nowadays, the Department of Internal Affairs is armed with the most diverse special digital equipment, automatic information retrieval systems. Unfortunately, due to the rapid scientific and technological progress, these services quickly become obsolete, while the criminal world has the most modern innovations, with which the existing technology cannot be compared. There is an urgent need to train employees who can navigate both modern techniques and technologies, and in the ways by which one can investigate digital crimes, navigate the available services and be able to apply them in practice.

Gaps in Russian Legislation. 2023;16(5):211-216
pages 211-216 views

On the Question of the Origins of International Organized Crime. Problems of Countering

Osmanov M.M.

Abstract

In this study we will look at organized international crime from the economic perspective. The various origins of international organized crime and the problems of countering them, including the most dangerous criminal activities of domestic transnational criminal groups.

Gaps in Russian Legislation. 2023;16(5):217-221
pages 217-221 views

Improving Methods of Countering Cybercrime in Modern Conditions

Kodzov T.N.

Abstract

The purpose of this study was to study the emergence of new subcultures in the global information space associated with cyberbullying and cyberbullying of Internet users.

Cyber violence is a criminal phenomenon that appeared with the development of the Internet. This type of crime was generated by such social tools as Instagram (owned by Meta Corporation, recognized as extremist in the Russian Federation), Twitter (also banned in the Russian Federation), as well as a number of social networks where you can post personal information, photos, etc. Criminals began to use digital technologies for intimidation, blackmail and extortion, and use other types of violence.

Statistics confirm that 7 out of 10 respondents have been subjected to violence on the Internet. Most often it was cyberbullying. Cyberbullying humiliates the dignity of the victim, ridicules her publicly, and other users often join such bullying in the online space. They leave comments, share intimidating content.

It has been established that the legislation is very fragmented, it does not work well on the topic of cyberspace, so many aspects of cyber violence escape the attention of researchers. The legislator proposes two regimes to combat cyber violence. The first includes those provisions that describe methods of countering and preventing undesirable actions. Such norms exist not only in criminal law, but also in administrative law and a number of other legal acts. It follows from this that Russian legislation can be supplemented with norms that will make it possible to deal more effectively with cyber violence. For example, regulatory legal acts should fix legal provisions that will reflect what cyber violence is and what measures to combat it can be proposed. This applies to the criminal, criminal procedure, administrative, civil, and economic sections of law. The legal system should completely close the issue of cyber violence. In addition, it is important to support the legislator with various social projects that would help prevent such crimes and minimize the consequences of them. In addition, centralization and systematization of all materials related to this topic is needed.

Gaps in Russian Legislation. 2023;16(5):222-226
pages 222-226 views

Prevention of Crimes Committed in the Sphere of Digital Currency Turnover

Daurov A.I.

Abstract

The purpose of this study was to study the ways of using digital currency in illegal activities and measures aimed at regulating their use.

The problem of classifying crimes with the use of cryptocurrencies suggests that it is necessary to develop new legal acts that would establish criminal liability for any use of cryptocurrencies. Such a currency is attractive to criminals because its movement is almost impossible to track. The fact is that transactions are carried out without the use of banks and anonymously. In the future, criminals have the opportunity to cash out money in those countries of the world that allow this to be done. Cryptocurrency moves without problems, bypassing the borders of the state.

After analyzing the issues of latency of the listed criminal acts, it was found that criminals use digital technologies and use cryptocurrencies, which allows them to operate in the strictest secrecy and maintain their anonymity. Independent experts claim that the latency of such crimes is at least 90%. This is partly due to the imperfection of modern legislation, there are simply no methodological materials to train law enforcement officers in the fight against this modern phenomenon.

It is concluded that the attitude to cryptocurrencies in different countries is different. However, the legal regulation of this issue in many countries is absent or poorly developed, there are also no international legal norms. All this together contributes to the growth of crime, especially its types such as the legalization of proceeds from crime, drug trafficking, fraud, financing of prohibited organizations, such as terrorist ones. For the Russian legal field, this issue is also complex and critically important. A number of legislative acts have already been adopted, but this is not enough to create a full-fledged system for regulating the use of cryptocurrencies or completely prohibiting their use.

Gaps in Russian Legislation. 2023;16(5):227-231
pages 227-231 views

Cybersecurity Issues In Modern Digital Systems

Takov A.Z.

Abstract

The purpose of this study is to study the possibilities of ensuring cybersecurity in modern digital systems. It is noteworthy that the use of modern technologies allows not only to stay in touch constantly, but also to optimize many industrial relations, speed up processes, rationalize public administration systems, minimize transaction costs, and improve the quality of social security. Hence, we can conclude that worldwide digitalization is not only convenient, but also dangerous, since many criminals have learned to use the global network to achieve their criminal goals. They can encroach on public or private rights, create threats unusual for the law enforcement system, which it knows how to deal with poorly.

Taking into account that the digital market does not stand still, moreover, it is actively developing and changing, it should be noted that there has been a significant increase in the use of IT technologies in all spheres of life and the economic situation in the country, the development of cybercriminals, the emergence of opportunities for them to purchase the necessary equipment, to obtain highly specialized knowledge. Criminals are well oriented to the requirements of potential buyers, so the market offers change relative to demand.

It is concluded that cybersecurity makes it possible to protect private and public data, the interests of criminal attacks committed against networks, computer systems, individual computers, objects of critical information infrastructure of the state. Over the past 6 years, the number of hacker attacks in the Russian Federation has seriously increased. This indicates the need to take effective and timely measures to combat this phenomenon. And in order to hide from justice, criminals not only try to act as anonymously as possible, but also use the most complex schemes, in which it is quite difficult to find traces and steps of the crime.

Gaps in Russian Legislation. 2023;16(5):232-236
pages 232-236 views

Modern Realities of Cybercrime in the Russian Federation

Shondirov R.K.

Abstract

The purpose of this study is to study the state of cybercrime in the digital society and ways to improve the effectiveness of countering these crimes.

In the fight against cybercrime, as well as in the investigation of such acts, there is a problem that has a direct connection with the subject of illegal activity. In society, it is designated as hacking, but not everyone understands the meaning of this term and the essence of the activity of hackers. So, in one of the dictionaries, a hacker is called a person who performs illegal manipulations of various kinds in the field of computer science, and the very activity of this kind forms the composition of criminal and administrative offenses. Cybercriminals actively use the technical imperfection of the equipment to open access to individual computers and obtain confidential information. It is advisable to pay attention to the described problem in countries with developing economies, since they do not have a well-developed system for combating cybercrime as such.

It is concluded that there is a need for the formation of a secure cyberspace. Data exchange should be carried out at the highest possible speeds, while taking into account the volume of traffic. An intensively developing structure for the interaction of organizations and law enforcement agencies should provide for the work of participants at the international level. Implementation of a comprehensive cyberspace security program. At the same time, it should not only devote itself to the subtleties of combating cybercrime, but also teach how to prevent such acts. For a productive fight against cybercrime, it is necessary to have appropriate high-power computing equipment. A platform with a high level of optimization risks not seeing the light at all if legislators do not realize the importance of its development and practical application. Among other things, it is necessary to expand the existing standards and working protocols within the framework of public discussion of the topic under consideration.

Gaps in Russian Legislation. 2023;16(5):237-241
pages 237-241 views

Cybercrime in Russia: Trends and Methods of Struggle

Kochesokov R.K.

Abstract

The purpose of this study was to study the emergence and development of cybercrime in the Russian Federation. The methods of combating this phenomenon are analyzed.

Cybercrime is illegal actions committed in the virtual space using various means of access and computer networks. This is always an illegal activity that is carried out in a digital environment and is impossible without the use of technical means, such as a computer or smartphone. A common type of crime on the Internet is online gambling and cybercrime. Most often, the victims of such crimes are adults, but a large percentage are minors who easily fall under the influence of criminals.

In order to combat cybercrime and ensure security in cyberspace, it will be necessary to take a number of measures and adjust state policy so that it maximizes the capabilities of law enforcement agencies to counter cybercrime. The counteraction to crime includes not only the direct fight against it after the commission of a crime, but also the adoption of measures that would allow for the prevention and prevention of crimes, thus reducing their number. It is important to eliminate the causes and conditions that allow cybercriminals to act effectively. Activities should be undertaken to investigate crimes, search for and bring to criminal responsibility persons guilty of committing crimes. The consequences of committing an illegal act should be minimized, and ideally completely eliminated. In addition, an effective fight against this type of crime requires active international cooperation, ideally the creation of a single convention, which will be supported by all countries of the world or at least the most technically developed. To do this, a single document should be created, but this process is time-consuming and long due to differences in the laws of different countries and disputes between their representatives about individual points and the understanding of terminology in general.

Gaps in Russian Legislation. 2023;16(5):242-246
pages 242-246 views

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

Current Problems of Improvement of Administrative Legislation for Calls for the Introduction of Restrictory Measures in Regard to the Russian Federation

Dugenets A.S., Kanunnikova N.G.

Abstract

The timely improvement of sectoral legislation in order to promptly respond to the spread of illegal behavior of a specific direction is of paramount importance. In this regard, the development of administrative and criminal liability is of particular relevance, because these norms are designed not only to determine the amount of negative consequences for violators, but also have a significant preventive and preventive potential. In the context of external sanctions pressure at the present time, the introduction of a separate administrative and legal norm regulating responsibility for calls for the introduction of restrictive measures against the Russian Federation, its citizens and legal entities is of the utmost practical importance. The purpose of the presented study is to analyze the existing problems of improving administrative legislation for calls for the introduction of restrictive measures against the Russian Federation. The authors come to the conclusion that the introduction of administrative liability for calls for the introduction of restrictive measures against the Russian state, its citizens and legal entities seems to be a significant method of combating the numerous flow of fake information, which poses a significant threat to the development of the Russian Federation at the present time. Attention is focused on the existing problems of application of Art. 20.3.4 of the Code of Administrative Offenses of the Russian Federation, author's proposals are formulated for their solution in terms of improving administrative legislation and law enforcement practice.

Gaps in Russian Legislation. 2023;16(5):247-252
pages 247-252 views

To the Question of the Role of the Mass Media in the Prevention of Crime

Mashekuasheva M.K.

Abstract

The study examines the importance of the impact of mass media on crime prevention and improving public safety. Attention is focused on the fact that the media are one of the main sources of information that influence people's consciousness and behavior. The paper presents the results of a study demonstrating that the media can have a significant impact on the crime rate. Various ways of using the media to prevent crimes are described, among which the emphasis is on informing about dangerous events, quick notification of what is happening, highlighting the successes of law enforcement agencies in the fight against crime. In conclusion, the author emphasizes that the media remains one of the most important tools in the fight against criminal activity, and the process of countering crime at various stages is a consolidated process. If the stages of disclosure, investigation and adoption of a legal decision on a criminal offense.

Gaps in Russian Legislation. 2023;16(5):253-256
pages 253-256 views

Interaction of Civil Society with Law Enforcement Authorities in the Paradigm of Fighting Extremism and Terrorism

Animokov I.K.

Abstract

The spread of the ideology of extremism and terrorism in Russian society poses significant threats to the stable development of the state. This problem is especially exacerbated in modern realities. The Russian Federation is faced with a number of new national security problems, ranging from the aggravation of the geopolitical conflict with Ukraine and the conduct of a special military operation in the Donbass, and ending with sanctions pressure from foreign countries. The anti-Russian propaganda currently being carried out contributes to the large-scale dissemination of extremist and terrorist ideas and views, which raises questions about the effectiveness of the measures taken to combat the above-mentioned illegal phenomena. In this context, the involvement of civil society in these activities is of particular interest. The purpose of the presented study is to analyze the existing practice of interaction between civil society and law enforcement agencies in the paradigm of combating extremism and terrorism. The author comes to the conclusion that many forms and methods of interaction between civil society and law enforcement agencies are currently used, but their potential is not fully used. Attention is focused on the differences in territorial involvement in these activities. The necessity of adopting a single strategic document at the federal level is noted, which should define the main forms and methods of interaction between civil society and law enforcement agencies on combating extremism and terrorism in order to unify existing practical approaches.

Gaps in Russian Legislation. 2023;16(5):257-262
pages 257-262 views

Разное

Topical Issues of the Fight Against Extremism and Terrorism in the Russian Federation in the Conditions of Aggression of Geopolitical Conflicts in the Post-Soviet Space

Shkhagapsoyev Z.L., Tarchokov B.A.

Abstract

The development of modern international relations influences the improvement of illegal practices. Of particular importance in this context is the spread of extremist and terrorist manifestations.

For the Russian state, it is currently relevant to consider the process of development of extremism and terrorism in the context of the aggravation of the geopolitical conflict with Ukraine and the conduct of a special military operation in the Donbass. These processes are a natural result of long tense interstate relations. 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 present study is to analyze the current issues of combating extremism and terrorism in the Russian Federation, taking into account modern international and domestic political realities. The authors come to the conclusion that despite the close attention to the issues of anti-extremist and counter-terrorism activities in the Russian Federation, the above-mentioned functioning of the competent state authorities and civil society institutions does not always take into account current trends in the development of relevant illegal ideas and views in modern geopolitical realities, and also the possibility of the impact of anti-Russian propaganda, which is currently carried out by many foreign countries, including as part of external sanctions pressure. Attention is focused on individual factors contributing to the development of extremist and terrorist behavior on the territory of the Russian state. The need to improve preventive and preventive activities of anti-extremist and counter-terrorism orientation in terms of organizing its outstripping influence on the consciousness of the population in the context of international and domestic processes currently taking place is noted.

Gaps in Russian Legislation. 2023;16(5):478-482
pages 478-482 views

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies