Vol 16, No 6 (2023)

The article briefly presents the norms of the general provisions of the draft Police Charter, reveals the purpose and main directions of the activities of the police of the Russian Empire, means and methods of ensuring the rights and freedoms of citizens, procedural issues of the work of police officers, in particular, the preparation of basic documents that ensure the reliability of the information presented. The relationship between the norms of the Charter and the norms of the legislative acts in force at that time, as well as with individual articles of the Federal Law “On Police” is given.

Under this general title it is planned to publish several articles in which, according to the editors and authors, there will be:

- the content and essence of the draft Police Charter (PUP) is revealed;

- shows the features of the alleged activities of the police of the Russian Empire, that difficult period for the state;

- its directions in the fight against crime are outlined, subject to strict observance of the rights, freedoms and legitimate interests of Russian citizens;

- a comparative legal study was carried out with the norms of other regulatory legal acts that were already in force at the time under review and determined the legal status of the police in certain situations;

- the correlation between the norms of the draft Police Charter and some norms of the Federal Law of 02/07/2011 No. 3-FZ “On the Police” is demonstrated;

- a hint was made to Russian officials who have the right of legislative initiative to introduce changes to the said Federal Law, aimed at improving the organization, intensifying the activities of the modern police, increasing the financial compensation of its employees, improving logistics and personnel support, strengthening the prestige of the service.

The article discusses the process of legal organization of the creation and activities of private railways in the Grand Duchy of Finland. The basis of the legal framework of this process was the following regulations: Resolution on anonymous or joint-stock companies and a resolution on partnerships unspoken or on faith from 24.11.1864; Regulation on the chief inspector of private railways from 24.01.1858; Personal decree "On the procedure for supervision of private railways with a small length" of 1/ 18.05.1865; Regulation on inspectors of private railways from 26.06.1857; Declaration on the supervision of private or public owned railways in Finland from the 12.10.1871; The law on the procedure for making serfs and mortgages for private railways open to public movement from 15.04.1889; A decree on the conditions for the permission of individuals, society and communities of concessions for the construction of railways in Finland and on what should be observed in this case, from 3.02.1876; Decree on imputing the owners or holders of land as an obligation, for remuneration, to cede land to public needs from 12.12.1864.

Derivative financial instruments are used by financial market participants both for the purpose of hedging risks and for speculative interest. In recent yearsn residents have increased their interest in derivatives transactions, which are used as an alternative to foreign investment products, as well as to circumvent economic sanctions. By economic nature, a derivative is a complex and high-risk financial instrument, the legal regulation of which is imperfect. These circumstances give rise to a large number of violations of the rights of consumers of financial services. The standard for protecting the rights of consumers of financial services requires the Bank of Russia to take proactive measures aimed at preventing violations and restoring the violated rights of participants in transactions with derivative financial instruments. The implementation of these powers of the regulator is difficult due to the large number of regulations of various levels that regulate differentiated sectors of the financial market. Reasoned proposals to improve the efficiency of the standard for protecting the rights of consumers of financial services.

Purpose of research. The problems of distinguishing petty hooliganism committed at the facilities of the Moscow Metro with related structures often cause difficulties for law enforcers in qualifying. In this work, the authors aim to fill the most pressing gaps in this area by highlighting the specific features of the respective compositions.

The methodological basis of the presented work is formed by the dialectical method of cognition. Also, the analysis method, logical-legal and comparative legal methods were used in the study. These scientific methods were involved in the meaningful consideration of the signs of specific elements of administrative offenses.

Results. The study of the problem stated in the title of the article suggests that the composition of petty hooliganism has specific features, which, however, are not always obvious to the law enforcer.

Differentiation of the compositions of petty hooliganism, administrative insult and destruction / damage to other people's property (Article 7.17 of the Code of Administrative Offenses of the Russian Federation) should be carried out not on the basis of purpose, but on the basis of guilt. More specifically, the direction of intent.

The fundamental difference between criminally punishable vandalism and petty hooliganism is that with the latter, the perpetrator can not only damage (spoil, destroy) someone else's property, but must do this in an effort to oppose himself to others, to demonstrate a dismissive attitude towards them, which is not required in vandalism.

The article discusses the formation and implementation of legal interests of owners, methods, techniques, ways aimed at realizing and protecting the legal interests of owners.

The most important place among them is occupied by techniques (methods), (including methods of permission, prohibition and restrictions), norms of objective law, the institution of property rights, the civil law branch of “real property law” and other branches of civil law, real, obligatory and other legal relations, subjective rights and legal obligations, contracts, agreements on the exercise of corporate rights, property (things), their legal regimes, legal status of owners.

Purpose of the study: The article draws a comparison of protection of natural persons with regard to extrajudicial bankruptcy procedure from unfair actions of creditors in the existing legislation and in the new wording of the law. The purpose of the study is the establishment and identification of wide-spread ways of abuse on the part of creditors in case of extrajudicial bankruptcy procedure. Also an assessment of the new wording of the law is given from the standpoint of protection of debtors’ interests.

Conclusions: As a result of the study the author arrives at the conclusion that the new wording of the section on the extrajudicial bankruptcy of a citizen of the Federal Law N 127-FZ "On Insolvency (Bankruptcy)” of 26.10.2002 is more oriented towards protection of debtors, whereas the former wording was oriented towards protection of creditors’interests. The author makes the conclusion that such an approach to the write-off of debts will lead to abuse on the part of debtors.

The article is devoted to the consideration of the specifics of the implementation of the principles of housing law in the context of the introduction of information and digital technologies in the sphere of housing and communal services. The article examines the main directions of digitalization and the use of information technologies in the field of housing and communal services, examines the rights and legitimate interests of citizens in the field of housing and communal services, the digitalization of the industry is aimed at improving the implementation of the effectiveness of which. The author also identifies areas for improving legislation on information and digital technologies in the field of housing and communal services.

The purpose of writing the article was that the system of social norms regulating public relations in relation to children in a difficult psychological and emotional situation requires revision. In particular, this applies to adolescents against whom there have been facts of violence (physical or mental), as well as adolescents who have attempted suicide. There is a need to approach the solution of this problem systematically, identifying the facts of destructive behavior that are the result of problems and causes leading to tragic consequences.

The practical significance of the work and its main conclusion is that it is important to form an understanding in civil society that recognizes the importance of protecting children and the systematic implementation of the former state policy to prevent violence and suicide among children. The inclusion of all stakeholders - parents, educators, medical professionals, law enforcement agencies and others - can help create a strong social bulwark for children.

This article analyzed attempts to legally regulate artificial intelligence in private international law. The author notes that the problem of interaction between artificial intelligence and law is becoming more and more urgent with each decade, and the fact that there is no solution to the issue of legal recognition of the actions of artificial intelligence systems in Russian legislation deserves special attention. The author draws attention to the prerequisites for the emergence of artificial intelligence, studies the features of its regulation in private international law, aspects of functioning and the limits of its applicability, as well as legal liability. The author comes to the conclusion that it is necessary to use a flexible approach in which the amount of responsibility initially assigned to the creators of the artificial intelligence system is gradually shifting from the creators to the systems themselves. The author draws attention to the fact that the use of artificial intelligence systems seems promising in the field of harmonization and unification of norms of private international law, as well as monitoring the observance of ethical principles by parties in international arbitration. Speaking about the security of works obtained with artificial intelligence, the author believes that it is possible to recognize artificial intelligence systems as an “author-in-fact”, but the “author-in-law” should be a person. At the same time, the application of the concept of “collective subject” to an “electronic person” is a correlation of the legal personality of artificial intelligence with the legal personality of a legal entity and is the most specific and easy to implement.

Charity, traditional for Russian entrepreneurship, along with sponsorship and philanthropy, has historically been based on an ideology that goes into the dogma of Christian virtues, today it is being supplanted by the ideology of pr-strategies and, to a lesser extent, sustainable development.

In Russia, the legal basis and institutional environment for corporate and other charitable activities has been formed, the need for their improvement exists, but it is derived not so much from defects or insufficiency of legislation, but from the weakness of civil society, the fall in the authority of traditional values and the mercantile understanding of sustainable development goals as a pr- strategies.

Corporate charity, like charity in general, was and remains exclusively voluntary, not assuming the imperative of the state, which only suppresses attempts and practices of using charity to cover up illegal activities. In the corporate segment, the priority remains for the norms of soft regulation, voluntarily adopted by the business community.

Within the framework of corporate social responsibility concepts, philanthropy is included in sustainable corporate governance strategies, which are also largely regulated by universally recognized, but still soft norms.

To a greater extent depends on the penetration into the business environment of the ideology and goals of the social market economy, understanding the awareness of responsibility in the field of sustainable development. The possibilities of legal regulation in this case are in demand to ensure the free functioning of civil society institutions, as well as state incentives for charitable activities. In this sense, it is recommended to supplement the Decree of the President of Russia of November 9, 2022, by including charity in the list of traditional values (clause 5), to which it certainly historically, mentally and traditionally relates.

The purpose of the research. This article examines the concepts of a forest plot, a part of a forest plot in accordance with the current legislation, the peculiarities of the formation of forest plots, the establishment of special requirements for the forest plots formed is proposed. Results. As a result of the conducted research, the author comes to the conclusion that it is necessary to establish special requirements for the formed forest areas.

The purpose of the research. The article examines the legal nature of the project documentation of the forest plot, its difference from the layout of the land plot. The correlation of the project documentation of the forest area and the materials of forest management in terms of establishing the boundaries of forest areas is revealed. Resuils. As a result of the conducted research, the legal significance of the project documentation of the forest area has been established, the presence of which is a prerequisite for the formation of a forest area. It allows you to consolidate the ownership of forest plots and protect them from possible disputes or illegal use.

The article analyzes the criminal procedural legislation and the legislation on operational-investigative activities of the Russian Federation and the Kyrgyz Republic, determines the place and role of operational-investigative activities in the public administration system, the development of operational-investigative policy and its transformation in the context of reforming criminal justice.

The modern world is full of transformational processes, situations of uncertainty, which affects social interaction. An important aspect of modern life is the transition to a digital environment. Many aspects of public life have not yet found their legal regulation, which contributes to the expansion of illegal actions both in the virtual and real environment. In this regard, one can observe the contradiction between the norms of law and real life. On the one hand, the processes taking place in society are aimed at its development, and on the other hand, the legislation does not keep up with the constantly changing processes, which in turn leads to the expansion of criminal activity. A person develops in the environment, in accordance with the norms and rules that are accepted in society. The concept of "environment" is a very multifaceted term and is considered in different contexts of scientific knowledge. In our work, we will try to identify negative aspects that require reflection and “procreation, (rebirth) <…> based on the birth of new meanings…” (Kiyashchenko, Golofast 2022) and the creation of an environment that contributes to the creation and development of morality and value-oriented. To address this issue, we considered the environment as a factor in which a person is brought up and identified aspects that influence the formation of deviant behavior.

The article deals with the topical issues of theory and practice arising in the investigation of criminal cases initiated on the facts of traffic accidents (Article 264 of the Criminal Code of the Russian Federation), as a result of which several persons were injured, who suffered serious, and others moderate or light harm to health. On the example of the Belgorod region, it is analyzed the practice of the preliminary investigation bodies of bringing both criminal and administrative responsibilities for the same actions related to traffic violations caused a traffic accident and the onset of several different consequences. At the same time, it is being considered the separate criminal procedural aspects under the procedural status of victims of the crime who have suffered moderate or minor harm to health in the criminal case. The authors’ opinion is substantiated on the inadmissibility of maintaining law enforcement investigative practice, which allows bringing a person to responsibility twice for one act being one event, even with having of both consequences for which criminal and administrative responsibilities is provided. The authors also propose the specific actions to form an appropriate investigative practice ensuring the correct application of the norms of the criminal procedure law, as well as legislation providing for criminal and administrative responsibilities for the commission of traffic rules as a result of a single fact.

The article examines the issues of criminalization as a process of establishing by the state the public danger of a certain phenomenon in the life of society, which poses a threat to established social relations and requires criminal legal protection. Representing a complex socio-legal institution, criminalization presupposes the existence for its implementation of following certain principles, based on well-known grounds and constituting the mechanism for criminalization. The originality and peculiarities of this phenomenon in criminal law-making are of considerable interest for theoretical analysis and law enforcement. The purpose of the presented study is to define social control as a historically established system of influence on a person, aimed at organizing its activities within the framework of accepted rules and social values that express public interests. As well as questions of scientific support of the phenomena occurring in criminal rule-making, their connection with the criminal policy of the Russian Federation. Based on the study, the author comes to the conclusion that criminal law policy is directly related to the problems of criminalization, which is the method of its implementation. The criminalization of socially dangerous acts is justified only if it provides reliable criminal law protection of public relations. Criminalization also achieves another task of criminal law - regulatory. By establishing prohibitions, criminal law norms thereby regulate people's behavior.

The purpose of the study. For many decades, scientists and practitioners have been making various proposals on how to optimize investigative activities, how to solve a crime "in hot pursuit", how to prove guilt and establish the true picture of what happened. But many more aspects need to be finalized, which confirms the lack of one hundred percent disclosure and the presence of acquittals of the court in a number of criminal cases. In this article, the authors consider certain aspects of investigative activity and ways to optimize it using the example of the functioning of investigative and operational groups. They analyze the features of collective forms of investigation; give their differences and give recommendations on the implementation of activities as part of the investigative task force, including in the new territories of our state. The role of the investigator in the investigative task force and his responsibility for the final result is emphasized. The authors conclude that any work should not contradict the Law and be carried out qualitatively: then the result will be both positive and in the shortest possible time.

This publication will be of interest to students of law faculties, as well as scientists and practitioners.

The purpose of the research is to classify mistakes of law depending on their impact on mens rea and culpability. Based on the analysis of legal norms, theoretical provisions and judicial practice, controversial issues of using the presumption of a knowledge about wrongfulness are identified, as well as the possibility of refuting this presumption. This is necessary because a person’s misconceptions regarding the content of the criminal law are structural elements of mens rea. As a consequence, they must be considered mitigating circumstances or defenses. Results. The author proves that mistakes of law should be considered as excusable (excluding guilt) or non-excusable (constituting guilt), depending on the type of criminal law prohibition. For malum in se crimes, the presumption of knowledge of the law is reasonable. Here, only partial mistakes of law are possible, which can be considered as mitigating circumstances. or malum prohibitum crimes, mistakes of law can be considered not only as mitigating circumstances, but also as defenses in the event that the person’s act either did not cause objective harm at all, or if there was nothing subject to social criticism in the person’s behavior.

The purpose of the study. The issue of procedural guarantees in relation to certain categories of persons is one of the most discussed in the theory of criminal proceedings. The study is devoted to the issues of the real application of the guarantees of freedom and personal inviolability of a lawyer established by law. Conclusions: It would be correct to amend Article 450 of the Code of Criminal Procedure of the Russian Federation, indicating that a petition to the court for the election of a preventive measure in the form of detention against a lawyer can be initiated by an investigator with the consent of the head of the investigative body of the Investigative Committee of the Russian Federation for the subject of the Russian Federation. The establishment of an additional criminal procedural guarantee of advocacy in the form of a special procedure for applying to the court with a petition for the detention of a lawyer will be comply with the existing trend in the development of the criminal procedure law in the direction of reducing the use of this preventive measure. The Administrative Code of the Russian Federation to introduce administrative responsibility for obstructing the legitimate activities of a lawyer. The Criminal Code of the Russian Federation provides for criminal liability for the same act committed by a person subjected to administrative punishment during the period of its validity. Part 2 of Article 296 of the Criminal Code of the Russian Federation after the word "defender" should be supplemented with the word "lawyer", since the lawyer participates in the proceedings not only as a defender, but also as a representative of the victim, civil plaintiff, civil defendant, witness lawyer or person in respect of whom a pre-investigation check is being conducted. It is also necessary to supplement Article 298.1 of the Criminal Code of the Russian Federation, which provides for criminal liability for defamation against a judge, juror, prosecutor, investigator, person conducting an inquiry, an employee of the enforcement authorities of the Russian Federation.

Due to the development of scientific and technological progress, computer technologies have become an integral part of life. In this regard, the development of modern methods and means of using computer technologies in the work of law enforcement agencies is an urgent issue. The purpose of this article is to highlight modern methods of investigating crimes related to occupational health and safety requirements, namely the use of computer technology.

Computer technologies are currently used by investigative agencies everywhere in the investigation of crimes, which in turn facilitates the collection, storage and use of evidence at all stages of the investigation. When investigating crimes, the investigator often attracts specialists and experts who are competent in various fields of science and technology, while the use of information technology takes the investigation to a new level.

Currently, there is a modernization of the labor protection management system at the state level. The goal of this transition is to move away from an inefficient labor protection system to a modern one based on professional risk assessment. Modern information technologies in forensic science are a priority in the investigation of crimes both in general and those related to occupational health and safety requirements.

The article provides statistical data that reflects the growing trend of convictions in cases of crimes related to occupational health and safety requirements. The article analyzes the use of computer technologies in the investigation of crimes related to occupational health and safety, suggests ways to introduce digital technologies in law enforcement practice for a comprehensive and complete support of the process of investigation and disclosure of crimes. The problems of using computer technologies in the investigation of crimes related to occupational health and safety are revealed.

The author focuses on the need to improve computer technologies that allow criminal investigation at a qualitatively new level.

The modern foreign policy of Russia is aimed at developing sustainable cooperation with the countries of Africa in spite of the lack of stability on the continent for the most part. In this regard, it is important to take into account the potential of regional participation in the realization of the consistent foreign policy course of the country. The subjects of the Russian Federation can make a significant contribution to educational, economic, cultural cooperation, as well as interact with almost all social, humanitarian and economic aspects with the countries of Africa. However, there are objective problems in the development of such regional interaction. The article identifies a number of such problems on the basis of systemic and historical approaches. Conclusions about the prospects of cooperation between the subjects of the Russian Federation and African partners are drawn with the use of formal-legal analysis of the Russian federal model.