Vol 16, No 7 (2023)

This article examines the law enforcement practice, the application of legal norms containing accessory obligations. The relevance of the topic of the article is determined by the fact that the terms "accessory" and "accessory obligation" are not used in Russian legislation. In this connection, the analysis of the concept and essence of accessory obligations can be based, inter alia, on the doctrinal interpretation of the concept in question, its historical and legal roots, as well as its use in a particular context in the acts of national judicial authorities. The acts of the higher courts, law enforcement practice are considered. Conclusions are drawn: The precedent created by the definition of 14.06.2016 No. 308-ES16-1443 in case No. A61-2409/2010 has not yet been extended by analogy to similar legal relations in which the main obligation is terminated or changed regardless of the will of the creditor, by virtue of the law. Contradictory judicial arbitration practice exacerbates the original problem – the absence, both in legislation and in judicial practice itself, of a definition and signs of an accessory obligation. At the same time, it should not be denied that it is judicial practice that will largely fill the existing niche today, which has become a consequence of the incompleteness of legislative regulation.

Purpose of the study. Since citizens pay taxes at the expense of their own property, which are the main financial basis for the existence of the state, the state, as a political and legal entity dependent on society, must honestly and continuously create conditions in which human life, health and dignity are the highest value. At the same time, the results of its activities declared by the state should not be imaginary, but reliable and verifiable, that is, such that there would be ways to actually create in the minds of the taxpayer a vision of such obvious advantages of paying taxes that would cover the very possibility of the emergence and development of an intention to evade their payment. This is the purpose of preventing the commission of tax offenses, the features of which are discussed in this article.

Conclusions. The importance of introducing the prevention of tax offenses in a civilized and democratic state has been proven, and therefore the need to shift the emphasis in the tax process from the control and punitive function of tax authorities to the function of preventing the commission of tax offenses to increase trust between the state and society is justified. The author proposes to divide taxpayers into three target groups and formulates the content of preventive measures for each selected group.

The article is devoted to the peculiarities of the legal regulation of social security relations with the participation of persons who independently provide themselves with work, in particular, relations related to the appointment of insurance benefits as a type of social security provision in social security law. The goals and objectives of the stated research topic are resolved in the context of the author’s classification of self-employed persons, which is made with reference to the current Russian legislation.

The features of legal relations regarding compulsory social insurance in case of temporary disability and in connection with maternity with the participation of persons who independently provide themselves with work within the framework of the Law of December 29, 2006 No. 255-FZ are analyzed. Attention is focused on the problem of determining the moment of occurrence of the legal fact of insurance of self-employed persons. The judicial practice related to determining the right to insurance benefits in the first calendar year of entry of self-employed people into legal relations for this type of compulsory social insurance is analyzed.

As a result of the study, the author comes to the conclusion that it is necessary to improve legislation in order to create legal conditions for the extension of the mentioned law to other categories (groups) of self-employed persons, in particular to persons acting as payers of tax on professional income.

The purpose of the research. The most important constituent element of government in the state is control, which contributes to the implementation of verification and, most importantly, the elimination of violations of legislation, the elimination of inconsistencies in regulatory legal acts and decisions, as well as monitoring the activities of bodies and officials at all levels of government. Control is a verification of the execution of decisions made, the purpose of which is to identify deficiencies in management activities, to eliminate the causes of their occurrence. Also, the control activity includes a system of measures to monitor and verify the operation of the facility, in order to eliminate deviations from certain parameters. Thus, the relevance of the scientific work devoted to the study of current problems of state and municipal control is quite obvious.

Results. As a result of the conducted research, the authors came to the conclusion that in the Federal Law of July 31, 2020 No. 248-FZ "On State Control (Supervision) and Municipal Control in the Russian Federation" and other federal laws regulating the specifics and procedure for the implementation of control activities both at the federal level and at the local level contain certain problems. The existing shortcomings complicate the process of implementing legal norms, create an obstacle in the correct understanding of the specifics of the implementation of state and municipal control. The lack of stability and completeness in legal regulation, the presence of a complex regulatory framework, long time stages of reforming control activities do not allow to fully disclose and implement high-quality, effective state and municipal control.

The purpose of the research. This article examines the prerequisites and prospects for the use of the registry model in order to ensure the safe, rational use and protection of the subsoil. Taking into account the new paradigm of control (supervisory) activities, the author focuses on the reputational component of the registers proposed for creation, the absence of their punitive component. Results. As a result of the research, it is proposed to create registers of bona fide and unfair subsoil users. In the future, they should be combined with the register of unscrupulous auction participants within a single system in order to form a more objective picture of the activities of not only license applicants, but also subsoil users in terms of their compliance with the mandatory requirements of the subsoil legislation. When creating a register of unscrupulous subsoil users, it is recommended to take the proposed measures aimed at ensuring an appropriate and fair procedure for maintaining this register. When creating a register of bona fide subsurface users, it is advisable to take into account the criteria of the integrity of the subsurface user within the framework of measures to stimulate good faith.

The Treaty on the Eurasian Economic Union, signed on 29 May 2014, sets out (along with a number of other programmes and concepts of the EAEU) the aim of improving payments and settlements between member states based on expanding the use of national currencies in mutual settlements. One document – the Concept for the Formation of a Common Financial Market – sets out the position that the development of a common payment space shall be based on principles of national security, independence, and equality of national payment systems. At the same time, restrictions imposed by third countries have a direct impact on the timing and cost of transnational payments. It is therefore important to ensure uninterrupted and seamless payments, both between EAEU nations in their mutual trade, and with third countries which are either key trading partners, or which have the potential to become so. This can be accomplished by employing promising financial technologies. These include digital currencies offered by central banks, smart contracts, a special accounting unit, multilateral clearing, and so on. Interstate Eurasian development institutions could play a key role in this regard. The use of new technological platforms could help establish systems which far outstrip traditional ones and ensure rapid settlements, confidentiality, and reduced costs. At the same time, the explosive growth of innovation in the financial sector could bring with it increased cyber threats, technological vulnerability, and financial instability. In a world where developed countries are experiencing stagnation, the ability to boost trade between nations with emerging markets could prove to offer a new source of economic growth. An expansion of this kind requires the establishment of independent institutions and tools – including in relation to payment and settlement – that meet the needs of developing economies and which are tailored to them.

Research objective. The need to identify the specifics of civil liability for various violations of housing rights in the absence of systemic legal regulation of liability issues, including civil liability, in the acts of housing legislation, and fragmentary nature of their study in the modern science of housing law predetermines the necessity to identify the specifics of civil liability for various violations of housing rights. In the context of continuous changes in housing legislation and development of judicial practice, expansion of the scope of application of civil law means and strengthening of inter-branch interaction, further development of the theory of civil law liability in case of violation of housing rights is obviously relevant. The article considers various types of civil liability in the housing sphere, which is of great social importance, it systematises them, and reveals the problems of bringing to civil liability of subjects of housing legal relations in case of non-performance or improper performance of their duties. The purpose of the study is both a comprehensive analysis of the application of the institute of civil liability in the housing sphere, and identification of the peculiarities of civil liability in case of violation of housing rights.

Conclusions. As a result of the conducted research, the author comes to the conclusion that civil liability in the housing sphere is a secured state coercion imposition on the participants of housing legal relations of additional adverse consequences of property nature through the application of property sanctions for committing housing offences, aimed at restoring the violated housing rights of victims or preventing their violation. The civil-law nature of a significant array of housing relations creates the potential for the large-scale application of civil-law remedies, including such an important one as civil-law liability. The applied measures of civil liability for offences in the housing sphere are affected by the opposite effect of the sectoral peculiarities of housing law. The specificity of civil liability for violation of housing rights is conditioned by the peculiarities of the legal regime of residential premises, which is simultaneously the object of housing and civil legal relations, and consists in a significant number of legal requirements to the residential premises themselves. The legal regime of residential premises predetermines predominantly peremptory statutory nature of civil liability, manifested both in the establishment of the form of liability and its amount. The basis for bringing to civil liability in the housing sphere is non-fulfilment or improper fulfilment by the subjects of the obligations included in the content of proprietary, obligatory or corporate legal relations, the object of which is residential premises. Civil liability in the housing sphere may be not only of a restorative nature aimed at restoring violated housing rights, but also of a preventive nature in the form of deprivation or restriction of the subjective housing right, if the use of residential premises violates its qualitative characteristics as an object of housing rights. Most civil liability measures are aimed at ensuring the safety and maintenance of residential premises in a fit for purpose condition. Further improvement of protective norms of housing legislation on civil liability will contribute to the effective protection of housing rights against violations.

In the legal literature, the problems of theoretical and legal understanding of the impact in the criminal legal sphere are becoming increasingly relevant, since the lack of a legal interpretation of "criminal legal impact" causes a lot of discussion in the scientific community about its place and role in the system of combating crime and preventing offenses. The criminal legal impact is the reaction of the state to the act of committing a crime and to crime in general, but the impact can also be on law-abiding citizens. In this regard, it can be said that the criminal legal impact has both a negative and a positive impact on the individual. A mandatory component of the criminal legal impact is preventive and preventive activities, which are aimed at reducing the negative impact of factors contributing to the development of crime in the Russian Federation.

This article analyzes the essence and content of the criminal legal impact, its goals and objectives, as a result of which the author formulates the essential characteristics of the legal category under study. The subject composition of the impact in the criminal law sphere, as well as the object of such impact, is also considered.

Analyzing the points of view presented in the scientific literature on the issues under consideration, the author does not refute them, but at the same time provides objective arguments to substantiate his own position regarding the theoretical and legal justification of the impact in the criminal legal sphere.

The Purpose of the study. For the last half century, scientists and practitioners have been puzzling over the problem of minimizing investigative errors. Yes, objectively, there are fewer of them (mistakes), but in fact this is due to the general tendency to reduce the number of crimes committed, and therefore there can be no reason to calm down. Both participants in criminal proceedings and the reputation of law enforcement agencies suffer from these negative examples from practice. What to do, what to do, what to do – these are the questions that are constantly asked during the exercise of judicial control, prosecutor's supervision, as well as departmental (procedural) control. In this article, we examined the main investigative errors through the prism of examples of prosecutorial-investigative-judicial activities, and also gave our recommendations on optimizing the preliminary investigation. The author concludes that qualitative activity is, first of all, the joint activity of all involved officials and bodies, which should be carried out in cooperation in order to combat crime.

The purpose of the publication is to develop issues related to increasing the preventive potential of certain rules on complicity in a crime. Conclusions obtained during the study.

The results of the study show that a number of rules on complicity in crime need to be improved, because their content does not correspond to modern tasks of combating crime (in particular, its organized forms of manifestation).

Scientific significance of the publication. The authors tried to take a new approach to increasing the preventive capabilities of a number of norms on complicity in a crime in order to combat the most dangerous forms of criminal attacks.

Practical significance of the publication. The implementation of the ideas set out in the article, according to its authors, will make it possible to more actively use the preventive potential inherent in the rules on complicity in a crime.

In the present article is given general description of criminal punishment in the form of deprivation of freedom. Innovations of criminal law concerning deprivation of freedom with examples from judicial practice are considered. Questions of further humanization this punishment taking into account judicial practice are analyzed. Measures for perfect norms regulating criminal punishment in the form of deprivation of freedom are suggested. Raising the question of deprivation of freedom for life andproblems of serving such punishment.. Measures by raising effective assignment of criminal punishment in the form of deprivation of freedom also have considered in the article.

The article examines the issues of general measures to prevent professional crime, where, unlike special and organizational measures, general prevention measures at the level of general crime prevention determine the tasks of preventive activities and ways to solve them in general. Since the main form of preventive activity in the professional crime prevention system is prevention, which is complex. This involves the use of not only legal, but also economic, organizational, managerial, cultural, educational and other means and methods in order to prevent illegal behavior. The purpose of the presented study is to consider the issues that arise in this area regarding individual prevention in relation to professional criminals, i.e. correction and re-education of these persons or a change in the criminogenic tendencies in the development of their personality. This implies the need to solve the problem of establishing the patterns of deviant behavior, the mechanism of its formation and change. To do this, it is necessary to strengthen control over persons previously convicted, whose behavior and views indicate the possibility of committing new crimes. Based on the study, the authors come to the conclusion that the general prevention of professional crime includes the prevention of these crimes, carried out by bodies, organizations and institutions that have the rights and responsibilities to do so.

The article presents the results of a study of illegal activities in the financial market of Russia, in which an analysis of the activities of organized crime on the creation of financial pyramids of investment platforms, illegal activities in the field of lending and the insurance market is carried out. The purpose of the study is to study the Russian financial market and the impact of organized crime activities on its security level. With the development of the digital economy and the introduction of information and telecommunication technologies in this area, the possibility of growth of economic and innovative development, strengthening of the financial component of the state has increased. At the same time, with the development of the economic sphere, the threat of negative manifestations increases, including the growth of crime, especially its organized part in the financial market. The situation is aggravated by the fact that modern organized crime is characterized by high cohesion of criminal groups and communities that unite a large number of individuals, establish control over various life systems of society and the state, which are not only in the business and commerce sector, but also in the public sector, where continuing to establish monopoly control, they will lobby their interests in various spheres. In conclusion, the authors conclude that the means of ensuring criminological security of the financial market are not fully used in the financial market of the Russian state.

Purpose of the study. In the article, the author reveals the essential understanding of cybercrime in Russian and international legislation, gives its classification, and analyzes the main directions of public relations in the field of countering criminal attacks on the cyber environment. Conducts a comparative legal analysis of international and Russian norms providing for liability for committing computer crimes, while taking into account the approach to the definition of cybercrime from representatives of domestic science. The purpose of the study is to identify problematic issues in combating this type of crime in the context of the new world political and legal realities.

Conclusions. As a result of the study, the author comes to the conclusion that it is necessary to revise, update and unify international legislation in the field of combating computer crimes, while focusing on organizing proper interaction between representatives of law enforcement agencies of foreign countries and the Russian Federation on issues of control of cryptocurrency turnover, based on extrapolation of Russian experience into international legislation in this direction. Attention is drawn to the need for constant monitoring of the criminal situation in the field of computer crime, its forecasting and planning of law enforcement activities, including in the field of international cooperation. Since proper control and containment of this type of crime by the state is the key to its successful functioning and development, contributes to its firm establishment on the world stage, and also acts as a guarantor of peace and economic stability of citizens of the Russian Federation.

The purpose of the stated study is to monitor changes made to the text of the Russian criminal law and identify the main trends in criminal policy for the period April 2022 – September 2023 and assess its prospects. The article provides an assessment of the legislative innovations that appeared in the Criminal Code of the Russian Federation during the SVO period, from the standpoint of their expediency and the quality of legal technology. There are a number of significant trends in criminal law: expansion of the limits of criminal liability for a large number of attacks, differentiation of responsibility. The study used systems and structural approaches; formal-legal, sociological, formal-logical. As a conclusion, it is noted that modern trends in criminal policy, on the one hand, reflect the timeliness of the legislator’s response to changes in socio-economic conditions in the state, and on the other, do not meet the criteria of consistency and suffer from low quality legal technology.

The article discusses the problems associated with determining the reality of the threat and its role for the correct qualification of extortion and attempted fraud committed using information and communication networks (hereinafter referred to as ICS). To date, in the practical activities of the employees of the preliminary investigation bodies, there is ambiguity in determining the reality of the threat when qualifying the actions of an attacker demanding money or other property-related actions from the victim. The differentiation of these actions depends on the reality of the threat and its assessment.

The purpose of the study: to propose a rule for the qualification of extortion and attempted fraud committed using ICS, related to the definition of the reality of the threat.

Research methods: to study the reality of the threat and its significance in the qualification of extortion and attempted fraud committed using ICS, a survey method was used (20 employees of the preliminary investigation bodies of Ufa, Republic of Bashkortostan were interviewed); an analysis method was used to establish criteria for the reality of the threat.

Key findings: The reality of the threat is essential in distinguishing extortion and attempted fraud committed using information and communication networks. The use of ICS by criminals when transmitting a threat makes it difficult to assess its reality, and therefore, in practice, the threat is considered as a method of deception and is initiated as an attempt at fraud.

The purpose of the research. In the article the author studies the problem of ensuring the rights of participants of health care relations by criminal-legal means on the example of articles 124 and 125 of the Criminal Code of the Russian Federation. The place of the legal status of the patient in the structure of the object of the crime provided by articles 124 and 125 of the Criminal Code of the Russian Federation is analyzed. The purpose of the study is to identify the imbalance between the rights and obligations of the participants of health care relations.

Conclusions. The author comes to the conclusion that the legislator pays more attention to ensuring the rights of the patient, whose status is the legal basis for the emergence of the medical worker's obligation to provide him (the patient) with any required assistance and to take care of him. In addition, the author points out the existence of the doctor's obligation to provide assistance to other persons who do not have such status (sick). The author pays special attention to the necessity of correct qualification of acts of medical workers, which entailed the occurrence of adverse consequences in the form of causing harm to life and health, in the presence of signs of the elements of crimes provided by Articles 124 and 125 of the Criminal Code of the Russian Federation.

Purpose of the study. Modern crime, including organized crime, seeks to expand its spheres of influence and, following the progress of modern society, its representatives are increasingly using advanced information and telecommunication technologies in their illegal activities. As a result, new methods of committing illegal acts constantly appear, previously unknown in the theory of criminal law and Russian judicial practice, indicating the digital transformation of crime. This contributes to the formation of favorable conditions for the functioning of Internet resources for drug trafficking, making it difficult for law enforcement agencies to bring representatives of the drug business to the appropriate type of legal liability. Currently, a number of issues remain unresolved related to ensuring the functioning of Internet resources for illegal drug trafficking, namely: 1) activities aimed at developing and creating software that allows data transfer in encrypted form, providing anonymous access to Internet resources of illegal drug trafficking (anonymization); 2) activities related to the rental of subscriber numbers for cellular communications and SIP telephony, facilitating the functioning of channels and pages on social networks that host Internet platforms and illegal drug stores located on them, as well as SMS campaigns aimed at involvement in this area of illegal activity.

Conclusions. Combating the digital transformation of crime, including in the field of drug trafficking, is a complex state task, the effective solution of which without the development of high-quality means of prevention is not possible. In this regard, a number of legislative changes and additions are proposed aimed at minimizing and subsequently eliminating factors facilitating the functioning of Internet resources for drug trafficking.

Purpose of the study. This article discusses the criminogenic situation in the sphere of financial and credit relations. The author proposes to analyze and compare the quantitative indicators of crime in various areas of financial and credit relations with the number of persons prosecuted for these crimes. The period from 2017 to 2022 is considered. This period affects the difficult economic situation in the country, which is due to external and internal factors. To do this, problems will be considered and ways to minimize crimes in this area will be proposed.

Conclusions. As a result of the study, the author comes to the conclusion that there are certain problems and a favorable environment for committing crimes in the financial and credit sector. To do this, it is necessary to resolve some issues. Currently, crime in the financial and credit sphere is information-telecommunication-isolated; the greatest difficulty is caused by the transformation of crimes, which acquires a remote format and latency, which requires a new method of identifying them. It is necessary to develop a more coherent mechanism for interaction between structures. For the purpose of prevention measures, it is necessary to inform citizens in accordance with the present time, by placing advertisements on various Internet platforms, television, at least in proportion to ¼ of the existing advertising of other organizations. It is necessary to develop control measures for information leakage from financial and credit organizations.

The purpose of the research. The article examines the exponential growth of information technologies, as well as the analysis of scientific articles by domestic scientists on their development and implementation in criminal proceedings. The study identifies information technologies such as computer vision, a decision support system, and the creation of a computer model of an object. Their practical significance is substantiated.

Results. The paper points to the need for legislative consolidation of the definition of information technology in criminal proceedings, considering the peculiarities of criminal procedural evidence. The author also proposes to supplement the Criminal Procedure Code of the Russian Federation with innovative investigative actions.