Vol 17, No 3 (2024)

The article takes up the complex of laws of the Russian Empire, the legal norms that made up the draft Police Charter, developed by a commission on behalf of the Chairman of the Government of the Russian Empire under the leadership of Senator A.A., are considered. Makarova. The proposed procedures for citizens to obtain certificates (permits) that allowed them to purchase, store, and carry weapons are shown, and categories of the population to whom such a right could not be granted are identified. Attention is focused on the regime for ensuring public safety during the circulation of civilian weapons. The content of the norms of individual legislative acts that provided for punishment for failure to comply with the regulations that make up the rules for handling weapons is briefly given. The article presents selected statistical data characterizing modern arms trafficking. As well as the norms of federal laws obliging the Russian Guard and the Ministry of Internal Affairs of Russia to ensure the legality in the sphere of circulation of civilian weapons in the Russian Federation and to suppress crimes involving their use.

The article describes the events associated with the «cholera riot» in St. Petersburg in June 1831. However, the authors did not limit themselves to describing these events. Based on a number of sources, they analyzed the situation that preceded them. The article reveals the causes of the cholera pandemic that covered a significant part of the territory of the Russian Empire in 1829–1831 and the measures taken by the government to counteract the spread of cholera. The article also describes the «cholera riots» that took place in other regions of the Russian Empire. The subject of this research is the normative legal acts regulating the implementation of sanitary and police measures in the Russian Empire during the period under review, materials of periodicals, and archival documents. Within the framework of the research methodology, using historical-legal, comparative-legal and comparative-historical methods, the analysis of the state's activities to ensure sanitary and epidemiological measures is carried out. According to the authors, the conclusions drawn from the investigation of the causes of the «cholera riot» about the provocation of riots by police officers were largely not objective. The causes of the «cholera riots» were the shortcomings of the existing system of sanitary and epidemiological surveillance and the health care system as a whole.

At present, intelligent transport is a critical part of the modernization of the transport industry around the world. An intelligent transport system combines information technology, electronic technology, data transfer technology and system engineering technology to realize intellectual features, coordinate the elements of traffic system and create an integrated management system for transport, therefore making it a subject of critical information infrastructure.

In this regard, data security and its protection from cyber attacks becomes a prerequisite for ensuring reliable and efficient operation of transport systems.

In fact, with the development of new energy vehicles and intelligent connected vehicles, in addition to protecting user privacy data, the security of the entire complex of smart transportation data becomes extremely important for the automotive industry, since the security concerns of their networks and data are already closely related to public safety. In this regard, many countries recognize the need for security regulations governing intelligent transport systems. The People's Republic of China is no exception in this sense. Within the country, the security system for the Internet of Vehicles (IoV) is based on regulations at various levels, which are constantly being improved as intelligent transport system develops.

The purpose of the study. The article examines individual elements of the legal regime of land plots occupied by energy facilities: encumbrance of the land plot and restriction of rights. The purpose of the study is to identify the features of encumbrances and restrictions in relation to land plots occupied by electric grid facilities. Conclusions. Statistical data on lands occupied by energy facilities is provided. The forms of encumbrances have been identified: lease, public easement, and restrictions - zones with special conditions for the use of territories.

The article considers the main aspects of legal environmental protection in mining in the Arctic zone of the Russian Federation. The existing environmental problems are highlighted, the issues of implementing effective legal mechanisms for environmental protection and business regulation are considered, as well as key theoretical concepts in this area, such as "legal environmental protection", "environmental risk", "environmental insurance". The necessity of adopting a special law in the field of legal environmental protection of the Arctic zone of the Russian Federation is indicated.

The purpose of the research. The article considers the issue of recognizing the participant who submitted the only application for participation in the procurement as a result of competitive methods of determining a supplier (contractor, executor) as an evader of contract conclusion. Proposals are made to improve the legislation on the contractual system in the sphere of procurement in terms of fixing the possibility of concluding a contract between the customer and the participant who evaded the conclusion of the contract in the absence of intent due to the occurrence of objective reasons. To achieve this goal, the authors analyze the practice of the Federal Antimonopoly Service of Russia and its territorial bodies concerning the issue of the absence of intent of the participant from evading the conclusion of the contract. The scientific innovation of the work consists in the authors' attempt to comprehensively consider the legal regulation and law enforcement practice in the case of evasion of the sole participant of the procurement from the conclusion of the contract and the impact of this fact on the customer's ability to maximize the use of available resources allocated for the relevant financial year to meet the need for the acquisition of goods, works, services in a timely manner. Results. At present, there are numerous cases of failure of a procurement participant to sign a contract in a timely manner due to an unforeseen situation in the absence of a real intent to evade the conclusion of the contract. As a result of consideration of the case, the control body does not include such a participant in the register of unfair suppliers (contractors, executors), but also the possibility for the customer to conclude a contract with such a participant at the legislative level is not provided. In order to eliminate this gap, the authors propose to grant the relevant right to the customer to conclude a contract, fixing it at the legislative level.

The purpose of the study. The article is devoted to assessing the problems of formation economic basis for the activities of sports organizations to implement the leading functions of legal self-organization. Attention is drawn to the factors that predetermine the need for economic independence of sport, which can also act as a kind of reference test of the level of readiness to carry out self-organization in sport. It is noted that in addition to the actual sports competitions, there are many other segments around sports where points of tension and violations of competition rules arise (when selecting athletes, choosing a place for competitions, determining the territory for the construction of a stadium, purchasing sports equipment). It is clarified that in addition to budget funds, there are some additional sources of financing for sports: donations, various acts of donation and charity, sponsorship, grants. But more important is formation of motives and creation of models for the implementation of active, proactive activities of the sports organization itself, allowing it to obtain the necessary funds. Conclusions. The focus should be on aspects of the NPO's own legitimate activities to generate income necessary to carry out its main work. In this sense, the economic effects and level of commercialization of sports, questions about the amount of budget revenues, donations and other funds received from outside, as heteronomous factors, do not recede into the background, but, in any case, are not so significant.

The author proposes a definition of the concept of lawmaking in the fight against crime as the activity of subjects of development, public discussion, examination, coordination and adoption of draft federal laws related to criminal, criminal procedural, operational investigative, penal, criminological (preventive) legislation.

Considers the background and problems of legislative and subordinate regulation of lawmaking in Russia, the reasons and conditions that contributed to the growing attention of the legislative, judicial and executive branches of government to the regulation of criminal lawmaking. Analyzes the draft federal law «On Amendments to Article 8 of the Federal Law “On the Enactment of the Criminal Code of the Russian Federation”», prepared on the basis of the conclusions of the interdepartmental working group formed by the Ministry of Justice of Russia in March 2023 to prepare proposals for the draft concept of criminal legal policy Russian Federation.

Justifies the need to abandon the idea of consolidating special rules of criminal law legislation in the Introductory Law to the Criminal Code of the Russian Federation in favor of resuming work on the draft federal law “On normative legal acts in the Russian Federation” (Law on Laws).

The presented article examines the problem of criminalization of the legal phenomenon of "sabotage", its etymology, conducts a historical and legal study, pays special attention to legislative regulation in the early years of Soviet power, and then during the Great Patriotic War (1941-1945), which, taking into account the increased public danger, in conditions of increasing internal and external external threats have predetermined its inclusion in the Criminal Code, and a distinction is being made from related acts.

Criminal procedural law and criminal proceedings are quite often studied in modern legal science in the context of the development of illegal practices of an economic nature. However, at present, the patterns of transformation of economic activity determine not only the specificity of objects and the objective side of illegal acts, but also allow, through economic analysis of law, to expand scientific approaches to the substantive characteristics of the criminal process and legal proceedings. Such an interdisciplinary approach is extremely rarely used in modern scientific research, which determines the relevance of the analysis undertaken. The purpose of the presented research is to identify the peculiarities of the influence of the economy on criminal procedural law and criminal proceedings. The author comes to the conclusion that economic relations currently serve as the basis not only for the functioning of the state, but also the activities of individuals and legal entities are quite often focused on certain patterns of this area. It is noted that modern man is largely reoriented to the principles of economic interaction, and therefore other processes can be perceived through the prism of economic approaches. In this context, the possibility of considering criminal proceedings at the intersection of economics and law is substantiated. Attention is focused on modern views regarding the economic model of the criminal process and legal proceedings, corresponding to modern criminal practice and the perception of the corresponding illegal functioning on the part of the individual, society and the state.

The purpose of the study. The given article examines the concept of «subjective imputation» in Russian criminal law and identifies problems which arise in the process of legal qualification. This leads to the necessity of developing the author's understanding of the concept and essence of subjective imputation.

Conclusions. Based on current legislation, the author of the article points out that the subjective imputation is a principle of criminal law that should not be violated in judicial practice. With this understanding the author does not pretend to cover all aspects of the chosen topic for research, but rather focuses on specific issues related to violations of the principle. In this regard, the study emphasizes the importance of implementing the principle of subjective imputation in the qualification of continued crimes, it is also noted that there is inconsistency in the explanations of the Plenum of the Supreme Court of the Russian Federation which regard to the different types of crimes. Therefore, it is suggested that the rules for qualifying ongoing crimes should be unified accordingly to the principle of subjective imputation rather than being ruled by the actual circumstances of the case, which are often the result of objective imputation. Explanations regarding to the value of stolen property are inconsistent with the principle of subjective imputation when it is substituted by a lesser value fraud mechanism. In conclusion, it is elicited that a deviation from the principle of subjective imputation through legal judicial interpretation creates a threat to the rights and legitimate interests of individuals, violating their rights and undermining legality and order in society. This can lead to arbitrary interpretation of the criminal law, which can sometimes be applied differently in various cases.

Purpose of the study. The digital environment is the simplest and at the same time the most effective way of interaction between public authorities and society. When building a dialogue between government and society, it should be remembered how important the role of informatization is in management processes in modern Russia. Insufficient use of such potentially powerful tools as social networks can lead to filling the vacuum of dialog between the governed and the governed by those forces that will pursue various destructive goals - from discrediting the authorities to outright fraud; and ignoring the dialog opportunities of social networks, using them as a formality, ultimately undermines trust in the authorities and creates a gap in communication where it could be effectively built. The presented research is aimed at forming an idea about the prospects of social networks as the main communicator of local self-government bodies and the population of the municipality. Conclusions. By studying the information reality on the example of a particular municipality, we can develop recommendations on the use of social networks as the most important guide to the formation of public opinion. New approaches to governance through the use of Internet communications, actively formed at present, need an appropriate legal framework.

the article examines modern measures to counter extremism and terrorism in the Russian Federation, as well as ways to improve them. The author focusses on the need for in-depth scientific analysis of these phenomena to develop adequate legal and socio-economic measures. Particular attention is paid to analyzing existing federal laws and identifying regulatory gaps that may make it difficult to effectively counter threats.

The article emphasizes the importance of an integrated approach in anti-terrorism activities and the need to adapt legislation to modern challenges, thereby ensuring increased national security and stability of the state system.

Judicial appraisal is an essential element of legal practice aimed at analyzing and evaluating the value, value and characteristics of objects of legal significance in the context of litigation. This type of expertise plays a crucial role in resolving legal disputes, ensuring an objective and fair trial of court cases. However, despite the importance of forensic assessment, there are a number of serious problems affecting the process of its appointment and production in both public and private (non-governmental) expert institutions. In this article, the author examines these problems in detail and indicates potential approaches to their solution.

The research article was 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 study the organizational and legal basis for the Union’s implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 in terms of cooperation with the WCO, as well as to develop a legal mechanism for interaction between the EAEU and the WCO.

Conclusions. The article analyzes the rules and procedures of the Working Group on Interaction with the WCO, created in the EAEU, and also offers practical proposals for organizing customs cooperation of the Union with an international customs organization.

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 cooperation with the WCO, as well as Memorandum of Understanding between the Eurasian Economic Commission and the World Customs Organization dated June 17, 2016.

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.

Originality/value. The research material is based on an analysis of the practical aspects of the activities of the Commission, the Customs Services of the Union Member States, the WCO and is the result of a comprehensive study of the issue of improving international customs cooperation.

The purpose of the research. The article examines doctrinal approaches to the concept and content of state-religious relations in Russian and foreign legal literature. Results. The author identifies three main models of conceptualization of state-religious relations: secularist, theocratic and consensual. The secularist model is based on the principle of institutional and functional separation of the spheres of state and religion. Its supporters insist on the non-interference of the state in the affairs of the church and the non-interference of the church in the affairs of the state. At the same time, the state guarantees the freedom of conscience and religion of citizens, while support for one or another denomination is not provided. The theocratic model assumes that the state should be based on religious principles and values, and religion, in turn, should actively participate in the formation of state policy. Religious and secular legislation are closely intertwined within the framework of this model. The consensual model proceeds from the possibility of coexistence of the state and several faiths on a parity basis, their mutual cooperation with the preservation of autonomy. At the same time, the state guarantees equal rights to all religions, without giving preference to any one of them. The author notes that in modern science there is no single, generally accepted definition of state-religious relations. It has to do with versatility and complexity of the interrelationships between state institutions and religious associations, as well as the difference in ideological and methodological approaches of researchers.