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Том 15, № 3 (2022)

Мұқаба

Бүкіл шығарылым

Ашық рұқсат Ашық рұқсат
Рұқсат жабық Рұқсат берілді
Рұқсат жабық Тек жазылушылар үшін

Articles

Ofitseru Rosgvardii iz Ulan-Ude posmertno prisvoeno zvanie Geroya Rossii

Mitakhinova Y.
Gaps in Russian Legislation. 2022;15(3):15
pages 15 views
pages 17-18 views

Investigation of Crimes in the Sphere of Intended Distribution of Deliberately False Information in the Mass Media

Kardanov R.

Аннотация

The mass media are the most accessible source of information and have a significant impact on people's lives, on the development of Russian society and the state. Media coverage of events taking place in the country and the world leads to an aggravation of social contradictions and a significant surge in crime associated with the dissemination of deliberately false information. Crimes in the sphere of deliberate dissemination of deliberately false information in the media have significant specifics of the subject composition. Due to the specifics of the named criminal act, special attention of law enforcement agencies should be paid to solving issues related to the methodology for detecting and investigating the crimes in question in the context of the development of the information society in Russia, taking into account the transformations of social activity due to world processes taking place in society and the state.
Gaps in Russian Legislation. 2022;15(3):19-23
pages 19-23 views

Features of the Certain Investigative Actions Production in the Threatening to Citizens’ Life and Health Conditions (in Special Conditions)

Gauzhaeva V., Safronov D.

Аннотация

Protecting the life and health of citizens is the most important task of the state. The process of ensuring the safety of participants in criminal proceedings provides for both general measures and measures used in the production of individual investigative actions. The purpose of writing a research paper is to summarize the provisions of the criminal procedural legislation, tactical recommendations and substantiate the need to take into account the general provisions and features of the production of individual investigative actions in the event of a threat to the life and health of its participants. The indicated general provisions are studied by the authors on the example of such investigative actions as inspection of the scene, interrogation of the suspect, accused, victim and witness, presentation for identification and verification of evidence on the spot. At the same time, the authors consider it necessary to take into account the features arising from the impact of special conditions of a social, natural, technogenic nature, which may lead to a change in the tactical conditions for organizing and conducting investigative actions in order to ensure safety and eliminate harmful consequences for participants in criminal proceedings and third parties. The objectives of the study are to analyze the problems faced by the investigator (interrogating officer) and other participants in criminal proceedings during the conduct of investigative actions at the initial and subsequent stages in the face of various threats to life and health, the mechanism for their elimination, leveling the consequences of their development before, during and at the end of the investigative action in the framework of the study and registration of its results. Conclusions: the results of such a generalization can be used in the practice of preliminary investigation bodies, for further theoretical research, preparation of scientific papers and for solving practical problems in the field of criminal proceedings under standard and special conditions, when examining the scene, interrogating various participants in criminal proceedings , verification of testimony on the spot and presentation for identification. Following the recommendations given by the authors will effectively counteract criminal elements, create safe conditions for the production of any procedural actions by the preliminary investigation bodies in special conditions.
Gaps in Russian Legislation. 2022;15(3):24-30
pages 24-30 views

The Introduction of Wrestling and Hand-To-Hand Combats in the Educational and Training Process of Employees of Internal Affairs Bodies Studying Under Vocational Training Programs

Khazhirokov V.

Аннотация

The purpose of this research is to study the potential of wrestling and hand-to-hand combats in the professional training of law enforcement officials, the development of which is aimed at effectively repelling an attack by an offender. As law enforcement officials often lose in technical and physical training to criminals, while ensuring personal safety, they need to show resourcefulness and quick reaction in a fight. Despite the abundance of scientific and methodological support for the practical use of physical force by police officers, according to the principle ‘there is no limit to perfection’, they require additional elaboration. The most important task of mastering wrestling and hand-to-hand combats and the tactical features of their use is the correct choice of the variant of force on the offender. The use of the chosen algorithm of actions must be justified in the current operational situation and comply with the principle of the legality and legitimacy of the use of physical force. The success of the forceful detention of the offender is facilitated by the unexpected conduct of the combat technique of the struggle. The qualitative growth of criminal structures actualized for the law enforcement officials the task of adequate physical confrontation with the offender, the solution of which lies in the plane of constant improvement of motor skills and abilities. Accordingly, the solution to this problem also arose for teachers and leaders of classes, who considered it expedient to introduce training in a professional wrestling or hand-to-hand combat into the training process. It has been established that when organizing classes in the section of fighting techniques in order to achieve the goals and effectively master wrestling techniques and hand-to-hand combats, it is recommended that class leaders more often resort to a practice-oriented problem-based teaching method. In this situation, many researchers are unanimous in their opinion, which, for objective reasons, we do not share, about the benefits of the situational teaching method in physical training classes. Thus, the expansion of the combat techniques section by studying wrestling and hand-to-hand combats will have the most positive impact on the physical fitness of law enforcement officials.
Gaps in Russian Legislation. 2022;15(3):31-35
pages 31-35 views

Physical Training of Employees of the Internal Affairs as an Integral Part of Professional Readiness for Action in an Emergency

Gubzhokov A.

Аннотация

The purpose of this research is to study the influence of physical conditioning of employees of internal affairs bodies on the quality of their work, the specifics of the training of law enforcement officials, as well as the importance of physical training when working in an extreme situation. It has been established that in the course of service and performance of professional duty, each employee risks his life, because situations that threaten his health and life can arise very unexpectedly and spontaneously. Not a single person is protected from such a risk, and it is not always possible to predict the occurrence of danger. In such a situation, the only thing an employee can rely on is only his own reaction, speed of thinking, and the physical conditioning of his body and his ability to take heavy loads. Any employee who once found himself in an emergency or extreme situation characterized by increased danger remembers what he had to experience: all feelings are aggravated, and a large amount of adrenaline is released in the blood, which helps to increase the efficiency of the body. But it also has a negative effect on the heart, brain and other organs of a person, from which it should be concluded that an unprepared body may not be able to withstand such loads. The success of the professional activities of law enforcement officers depends on the level of development of the relevant professionally important qualities and the willingness to apply them. In this context, readiness for action is expressed in the organization and actualization of the specific resources available to the employee necessary to perform a certain type of professional activity. The employees, who find themselves in an extreme situation, note the importance of such qualities as dexterity, speed, general and strength endurance, emotional endurance, and coordination abilities. Therefore, the task of physical training is the formation and improvement of these qualities.
Gaps in Russian Legislation. 2022;15(3):36-40
pages 36-40 views

On Some Problems of Organizing Physical Training Classes in Educational Organizations of the Ministry of Internal Affairs of Russia

Kanukoev A.

Аннотация

In this article, we have considered the problematic aspects of organizing physical training in educational institutions of the Ministry of Internal Affairs of Russia. It was established that in order to solve this problem, it was necessary to form a system of education and training of future personnel that would meet the requirements of the Ministry of Internal Affairs of Russia and could solve the tasks assigned to them. To do this, first of all, it is necessary to develop an education system, and then select suitable people who are professionals in their field who could take the positions of teachers and instructors and train personnel for the Russian Ministry of Internal Affairs. Physical training has always been considered the main direction of training. Weak physical training of students enrolled in educational organizations is the main problem of the process of professional and applied training. In a short period of time, the teaching staff needs to teach weakly physically developed students all the necessary wrestling techniques. And trying to implement this activity, teachers are faced with a number of problems, the solution of which will directly affect the level of physical fitness of future employees of the Ministry of Internal Affairs. The main problem, in our opinion, is the incompetence of teachers and instructors of the Department of Physical Training. Again, this problem originates from the past years, when there were very few qualified police officers trained for work in the country, consequently, in the first years of the formation of the system of training future personnel for the Ministry of Internal Affairs of Russia, it was almost impossible to find a good teacher or instructor. The quality of the work performed, its professionalism and competence are formed both in the process of training and in the process of work - gaining experience. Do not forget about this, and if you think about it, it becomes clear that no matter how high the level of training of an employee is, experience is an integral part of his formation and development as a professional in his field.
Gaps in Russian Legislation. 2022;15(3):41-45
pages 41-45 views

Improving Professionally Significant Motor Qualities in the Process of Physical Training of Students of Educational Organizations of the Ministry of Internal Affairs of Russia

Beshtoev R.

Аннотация

The purpose of this research is to study ways to improve professionally significant motor skills by students of educational organizations of the Ministry of Internal Affairs of Russia. Professionally significant motor qualities mean the indicators necessary for the arrest, investigation and suppression of illegal actions. These qualities are developed in the process of physical training of students and their improvement must be achieved in a short period of training. The process is time-consuming and depends on the coordinated work of the teacher and the trainee. The employee needs to be fully committed to the process of physical training, following all the instructions of the teacher. The main objective of the physical training of students is to enrich them with the knowledge necessary for the successful solution of the tasks. This means that employees in the learning process should receive concentrated knowledge and skills that will help them do their job. In the learning process, it is important not to teach new movements to employees, but to improve those movements that the listener already knows. It is not at all necessary to teach the listener all the existing techniques and movements, for his speedy progress it will be enough to let him choose those movements that are easier and more efficient for him to perform and engage in bringing them to the ideal. Since the main task in the practical activities of employees is law enforcement, students must demonstrate a sufficient level of physical fitness. It is from its indicator that the general impression of each employee and the structure as a whole is formed, therefore employees do not have the right to lose their skills over the years, on the contrary, they should only get better, expand their horizons and knowledge, and also keep in fit their body and physical indicators. Despite the complexity of the tasks that arise in the service process, they must be completed. And mainly, sufficiently developed professionally significant physical qualities will turn out helpful here.
Gaps in Russian Legislation. 2022;15(3):46-50
pages 46-50 views

On the Influence of Destructive Internet Structures on the Process of Radicalization of Youth: Status, Ways of Counteraction

Berova J., Kanunnikova N.

Аннотация

Unfortunately, among the Russian youth, radical views based on the support and promotion of violent methods of solving any emerging situations are becoming widespread. On the one hand, these views are closely related to the ideas of extremism and terrorism, on the other hand, radical views are very aggressive. This process is directly related to informatization and digitalization, since from the moment the Internet became an integral part of the life of a modern person, representatives of the younger generation have almost entirely moved to interact in the Internet space. The virtualization of the life of today's youth has a number of negative circumstances, one of which is the impossibility of fully ensuring the closure of access to destructive Internet structures. The purpose of writing the presented work is to study the influence of destructive Internet structures on the process of radicalization of modern youth. The author comes to the conclusion that the radicalization of young people is a natural process, objectively conditioned not by the desire to support specific illegal ideas regarding manifestations of aggression, but is primarily focused on the desire of representatives of this category of the population to stand out and take an advantageous place in society. Given the given nature of this social phenomenon, in order to transform the views of the younger generation, it is necessary to more clearly demonstrate the possibilities of their development without illegal behavior. In recent years, a number of measures have been taken to regulate the features of restricting and prohibiting access to Internet resources of certain content, however, in the context of large-scale blocking of many sites and communities, the practice of using various special services and programs that provide access to any resources is significantly expanding. Attention is focused on the prospects for reorienting the values of representatives of this category of the population through involvement in youth policy and other areas that can arouse real interest.
Gaps in Russian Legislation. 2022;15(3):51-55
pages 51-55 views

Extremist Communities in Social Networks: Problems of Detection and Counteraction

Tarchokov B.

Аннотация

The purpose of this study was to study the risks and threats lurking in the virtual space, since the Internet is today an integral part of human life. And despite the great opportunities it provides, in recent years the amount of extremist content broadcast has been steadily growing, new members are being recruited into extremist groups in social networks, calls for anti-government rallies are being made, neo-fascist communities are being created, etc. The objectives of the study are to determine social networks as Internet resources where extremist ideology is being planted. And for this it is necessary to fulfill the following conditions of an interactive multi-user website: social network content filled by site users; the presence of an automated environment in which a mutual connection is established between users (a group of users) based on similar interests and preferences; availability of access to information about objects existing in the given environment; implementation of the communicative function between users. Conclusions: the choice of a social network is determined by the preferences of users. Understanding the vast resource base of social networks, is it any wonder that extremists are actively using its capabilities to post their materials. Social networks contain materials of various genres, their capabilities allow you to distribute any content almost unlimitedly, and thus reach a large audience in a short time. They are intended, first of all, for young people, whose number on certain Internet sites reaches several hundred thousand subscribers, and here the emissaries of extremism are deploying large-scale propaganda and recruitment. And, despite the fact that every day the list of banned groups on social networks is replenished, and Facebook and Instagram have been banned in Russia since March 2022, since the American company Meta Platforms Inc., to which they belong, is recognized as an extremist organization that broadcasts illegal appeals to violence, in their place there are new calls for extremist activities.
Gaps in Russian Legislation. 2022;15(3):56-60
pages 56-60 views

Actual Issues of Countering Terrorism: The Activities of State Authorities and Local Governments

Aripshev A.

Аннотация

Introduction. The issues of state and local authorities' activities in the sphere of combating terrorism remain topical and urgent. Methods. During the study of the declared subject the author used the following generally accepted scientific methods: analysis and synthesis of scientific publications devoted to the activities of public authorities and local authorities in the counteraction to terrorist activity. Results of the research. After consideration of questions of activity of public authorities and local governments in the sphere of counteraction to terrorist activity and execution of provisions of the state policy directed on counteraction to terrorism, logical conclusions are drawn. Conclusion. We have made a conclusion: in the prevention of terrorist activity in the regions, state authorities and local governments of the subjects of the Russian Federation play an active role, and preventive work is a priority.
Gaps in Russian Legislation. 2022;15(3):61-64
pages 61-64 views

Perspectives and Possibilities of Modern Methods of Identification in the Investigation of Terrorist Crimes

Yarychev N., Nagoeva M.

Аннотация

The purpose of this study was to study the possibilities of odorological examination in the investigation of crimes of a terrorist nature. The possibility of preserving odors at the scene of incidents of this category and subsequent identification fundamentally expanded the prospects for identifying persons involved in the crime by their odor reflections on seized items. Objectives of the investigation. The essence of the odorological method is to identify, collect and preserve odor traces at the scene by the investigator with the help of forensic specialists and subsequent laboratory identification of odors by cynologists using detector dogs. from the scene, there is an individual smell and there are no individual smells of other persons being checked. The results of the examination, along with other facts established in the case, contribute to the exposure of the offender. Conclusions. In the course of the study, we found that the detection of traces of smell during the inspection of the scene of the incident consists in establishing objects with which the offender could come into contact in the process of committing the crime. The main method for identifying such objects is the mental modeling of the actions of a criminal based on an analysis of the situation at the scene, the testimony of victims and eyewitnesses. Thus, forensic odorological examination is one of the few methods available to forensic scientists that allow identifying signs that individualize the subject in the traces of a person.
Gaps in Russian Legislation. 2022;15(3):65-68
pages 65-68 views

Features of Involving Minors in Terrorism Activities on the Example of the Republic of the North Caucasus

Manukyan A.

Аннотация

Despite the fact that modern times are characterized by the presence of developed legislation regulating liability for crimes of a terrorist nature, the global scope of terrorism, unfortunately, does not decrease, and not only due to the large-scale prevalence of these negative phenomena, but to a greater extent because humanity has access to weapons mass destruction. It is impossible not to take into account the fact that some crimes of a terrorist nature have moved into the virtual space, in which active psychologically competent work of the "ideologists" of the international criminal network is carried out, not only in relation to the most vulnerable groups of the population, but also purposefully in relation to individuals young age[8, p. 62-65]. One of the types of terrorism is the terrorism of minors as a result of their involvement in this activity by an adult contingent. The development of this type of terrorism is a consequence of a decrease in the educational level, a break in the continuity of the value and moral attitudes of different generations, and a decrease in the indicators of citizenship and patriotism. It is the age limits of his followers that distinguish terrorism from other types. There are many reasons that contribute to the formation of terrorism among young people, among them the following can be mentioned: educational functions are weakened in the family; there is no effective system of preventive measures that can have a positive effect on young people; low efficiency of work on the prevention of juvenile crimes; lack of leisure activities; deficiency of the value system; increased family conflicts; increasing the role of informal, interpersonal relations among young people. The republics of the North Caucasus are no exception, which have always been famous for their active and ambitious youth who want to have newfangled household items, gadgets, cars and other benefits. The article analyzes the problems of involving minors in terrorist activities, the causes and conditions that contribute to it, in particular in the North Caucasus, as well as ways to combat it.
Gaps in Russian Legislation. 2022;15(3):69-74
pages 69-74 views

Interaction Between Internal Affairs Bodies of the Russian Federation and Local Government in Countering Extremism and Terrorism

Abazov A.

Аннотация

The purpose of this study was to examine the problematic aspects of interaction between internal affairs bodies of the Russian Federation and local governments in countering extremism and terrorism, specifying the functions of the subjects of counteraction to these crimes, as well as ways of forming a system of coordinated action between the subjects. The objectives of this research are to clarify the necessity of optimization of activity of all subjects of the system of counteraction to extremism and terrorism, emphasizing the role of local self-government authorities that carry out the most significant and important preventive tasks of counteraction to extremist and terrorist threats. The main thrust of this process is counteraction and elimination of consequences of criminal acts committed by extremists and terrorists since it is obvious that the state, society and every citizen need security from modern threats and challenges. And this means increasing urgency of the issues of effective implementation of these measures. Conclusions: We have established that local self-government bodies are not provided with clear guidelines for action, so they would prefer to be on their own in combating extremism and terrorism. As for the control of antiterrorist commissions, everything is not so smooth here either, as it is not clear what can be demanded from local self-government bodies. We have either no or insufficient cooperation between the subjects of counteraction, which leads to the decrease of quality of counteraction to extremism and terrorism. In this case, the question of excluding local governments from the subjects of countering extremism and terrorism arises quite naturally. This, in principle, is impossible to do, since local self-government is an institution closely interacting with civilian population, and the removal of this link from combating extremism and terrorism would lead to the removal of the most important subject of the counteraction - the society. Taking into account that these phenomena are created by the society, the society should also fight them. Consequently, instead of elimination, we consider it necessary to improve the situation of local self-government bodies and give them more powers in the implementation of interaction with the bodies of internal affairs.
Gaps in Russian Legislation. 2022;15(3):75-79
pages 75-79 views

Modern Terrorism and Extremism: Development Trends, Problems of Counteraction

Zhamborov A.

Аннотация

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. Almost any legal state can potentially be targeted by extremism and terrorism, regardless of the level of socio-economic development, state-political structure and military power and capabilities of a particular country, as evidenced by the scale and geography of crimes of this nature at the present stage of their development. Modern extremism is ideologically represented by radicalist and, as a rule, religiously determined views, supporters of this ideology rely on violence and terrorism in resolving social contradictions and implementing social transformations. 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. Russia, through the relevant bodies and services, as well as interaction with international organizations whose main activity is the prevention and combating of terrorist and extremist crimes, cooperates with many foreign states, which greatly increases the effectiveness of countermeasures in the fight against international extremist terrorist organizations. Conclusions: improving the effectiveness of countering criminal extremism and terrorism can be possible only if it is engaged not only by persons authorized by Law, law enforcement officers, but the whole society as a whole, including representatives of the scientific world, scientists of various specialties. In the development of modern extremism and terrorism, certain trends and counteraction problems are traced, the study of which can help in understanding these crimes as a phenomenon, as well as developing a certain system of scientifically based practical measures necessary to increase the effectiveness of combating them.
Gaps in Russian Legislation. 2022;15(3):80-86
pages 80-86 views

Foundations of Youth Anti-Extremist Education

Dadova Z.

Аннотация

The article presents the actual problem of anti-extremist education of youth. The author believes that the most effective way to combat extremism is measures taken even before it manifests itself. One of these measures, according to the author, is patriotic education, which is today one of the most important areas in the state youth policy implementation. The state greatness and power depends on the ability of the people to unite, on the depth of their feelings of patriotism and citizenship, devotion to their homeland and their ability to unite in the face of the enemy. One of the most important tasks is to take preventive measures to block the channels and methods of recruiting young people. The unsettled views of a young person, as well as the uncertainty of his position, the social tension aggravation, which implies a certain set of social problems related to the quality of education, the difficult situation on the labor market in conditions of social inequality, are factors that contribute to the emergence of extremist views and trends among the youth. It is necessary to form a positive public attitude, excluding the possibility of using violence, which will help solve the problem. The very possibility of using antisocial actions, as well as violence in this case, will be excluded. In the process of education, it is important to remember the need to form a consciousness that does not allow solving issues and problems through violence. The worldview formed in a person at a young age later largely determines his actions, beliefs, and actions. You cannot position yourself in the spirit of opposition to the outside world. Organization of work with public associations, state control of their activities is an important area of work for the extremist activities prevention and counteraction. The author concludes that purposeful explanatory and preventive work to counter manifestations of extremism among young people, controlled at the state level, aimed at the inadmissibility of the morally disoriented personality formation is an important work in cooperation with public associations and organizations of various kinds. Only close cooperation with them will make it possible to take control of their activities in order to avoid subsequently the development of asocial trends among them.
Gaps in Russian Legislation. 2022;15(3):87-90
pages 87-90 views

Criminal Legal Forms of Illegal Trafficking in Firearms and Their Significance

Khamgokov M.

Аннотация

Illicit trafficking in firearms is a threat to the life and health of the population. This phenomenon is especially dangerous in the absence of state control. Illicit trafficking in firearms is completely outside the legal field. In this context, the effectiveness of criminal legislation is of particular importance, which is expressed in the regulation of all forms of illicit trafficking in firearms, taking into account modern criminal practices. This is the primary basis for the qualification of acts committed within the framework of the above-mentioned illegal activities. In 2021, a number of changes were made to the Russian criminal legislation in terms of improving the rules governing the specifics of bringing to justice in the above area. The purpose of writing the presented work is to analyze the criminal law forms of illicit trafficking in firearms and determine their meaning. The author comes to the conclusion that Art. 222 and Art. 223 of the Criminal Code of the Russian Federation is currently fixing the complete list of criminal law forms. Their substantive characteristics are carried out in great detail in the acts of the Presidium of the Supreme Court of the Russian Federation, which makes it possible to avoid unreasonably overloaded text of the Criminal Code of the Russian Federation. Attention is focused on the timeliness of improving legislation in 2021, which made it possible to specify the forms of illicit trafficking in firearms in the Russian Federation and regulate proportionate and fair punishments for these criminal activities.
Gaps in Russian Legislation. 2022;15(3):91-94
pages 91-94 views

Issues of Law Enforcement Practice of Qualification of Acts Falling Under Art. 207.3 of the Criminal Code of the Russian Federation (Public Dissemination of Deliberately False Information About the Use of the Armed Forces of the Russian Federation)

Shamaev A.

Аннотация

The purpose of this study was to study the current situation in geospace at the beginning of this year, which created the prerequisites for the emergence of new types of illegal manifestations that required the adoption of commensurate countermeasures, including in the form of amendments to the current legislation. As a result of a special military operation launched on February 24, 2022 on the territory of the Donetsk and Lugansk People's Republics to protect Ukrainian nationalists from aggression, the facts of the dissemination of frank "fake" information about the actions of the armed forces of our state on the territory of Ukraine began to be recorded by the collective West as part of the information war. At the same time, the facts of placing distorted information in the information field on the territory of Russia were recorded. As part of the countermeasures, the legislative bodies amended the relevant regulatory legal acts, which introduced legal liability for the dissemination of knowingly false information regarding the activities of the Russian armed forces, as well as their discrediting. The facts of bringing to administrative responsibility for these types of offenses and initiation of criminal cases against specific persons have already been recorded. The objectives of the study are to analyze the problems of qualification, criminological characteristics and other aspects of law enforcement practice for acts falling under Article 207.3 of the Criminal Code of the Russian Federation. Due to the novelty of this composition for our legislation, it should be noted the lack of law enforcement practice. Within the framework of a criminal case, it is necessary to ensure a comprehensive, complete and objective investigation in order to prove the direct intent to commit socially dangerous acts, including through specific examinations, collection of direct and indirect evidence of the offender's guilt. Conclusions: we found that in order to properly criminalize the public dissemination of knowingly false information about the actions of the armed forces of the Russian Federation, it is necessary to systematize the facts that require proof during the preliminary investigation. These include the need to establish the facts of "publicity", "knowingly falsity" in the process of committing illegal acts. Also, special attention should be paid to the personality of the offender, paying attention to his social position in civil society.
Gaps in Russian Legislation. 2022;15(3):95-100
pages 95-100 views

Relationship Between Economic and Corruption Crimes in Priority Sectors of the Economy

Bondar A., Nikonorov E.

Аннотация

This scientific article is devoted to the study of the possible relationship between economic and corruption crimes committed, including in priority sectors of the economy. The authors analyzed the attitude of society towards the committed economic and corruption relations, as a result of which it was determined that the effect of corruption aggression, which is a possible motivating factor for the commission of these categories of crimes, is enhanced by the labile attitude of society towards the torts under consideration. The author's concept of the characteristic features of the relationship between economic and corruption crimes committed in priority sectors of the economy has been formed. The relevance of this work is noted for the first time by a study of the criminological component of the relationship of these torts in the environment of domestic scientific circles. In this article, the opinions of domestic scientists are quite fairly analyzed, on the basis of which the corresponding conclusions are drawn on the merits of the research problem.
Gaps in Russian Legislation. 2022;15(3):101-104
pages 101-104 views

Problems of Law Enforcement of Some Administrative Procedures by Traffic Police Officers of the Ministry of Internal Affairs of Russia

Kodzokova L.

Аннотация

Today, in a dynamically developing environment, a special niche has been occupied by the problem of road safety. For a long time now, the legislation governing this area has been constantly amended. In 2021, a new Procedure for Supervising the Compliance of Road Users with the Requirements of the Legislation of the Russian Federation on Road Safety, which replaced the Administrative Regulations, was put into effect. At the same time, the main provisions of the proposed Procedure are based on the regulatory requirements of the previous regulatory document - the Administrative Regulations. The changes in the new Order and the Regulations mainly affected the grounds for stopping the car and checking the documents of the driver and passengers. The study of legislation in the field of administrative measures when stopping and detaining a vehicle is a hot-button issue, both for legal theorists and lawyers, and for the car owners themselves, and all those who are road users. In their works, the authors considered such issues as the prospects for the implementation of legislative initiatives, international experience in toughening penalties for traffic violations, issues of legal regulation of stopping and detention, administrative measures against violators, and other issues. Each author has his own subjective opinion, however, almost all authors in their works noted the imperfection of the legislation, and the need for some amendments. Thus, despite the availability of scientific works, it cannot be said that the topic chosen for study has become obsolete. Moreover, in connection with the introduction and implementation of new Regulations, which began to operate relatively recently and terminated all previous orders and regulations, this direction stirred up interest with renewed vigor. The scientific article will discuss the administrative procedures used by the traffic police of the Ministry of Internal Affairs of Russia, in particular, about stopping and detaining a vehicle.
Gaps in Russian Legislation. 2022;15(3):105-111
pages 105-111 views

Problems of Sentencing for Complicity

Yankovsky D.

Аннотация

The purpose of the research. The article discusses the theoretical and applied problems of sentencing for complicity under Russian criminal law. The purpose of the research is to identify the disadvantages of legislative regulation of sentencing for complicity and to make suggestions for their elimination. Results. As a result of the research, the author comes to the conclusion that existing criminal law does not allow to fully guarantee sentencing proportionate and fair measures of responsibility for complicity and to ensure stable and consistent judicial practice. This is due to the fact that relevant legislative requirements are purely evaluative in nature and create prerequisites for excessive judicial subjectivism when determining the nature and degree of public danger of various manifestations of complicity. In this regard the author proposed to fix in The Criminal Code more deep differentiation of sentencing taking into account the form of complicity and the type of accomplice and to specify the criminal law principle of guilt to complicity. For these purposes, special rules of sentencing for complicity should be supplemented by the requirements on the inadmissibiblity of assigning a more severe punishment to an accomplice than to the perpetrator and on the inadmissibiblity of assigning a more lenient punishment to the organizer of crime than to other accomplices. In the articles of The Special part of The Criminal Code qualifying signs «group of persons», «group of persons by prior agreement» and «organized group of persons» should be fixed in different parts of the relevant articles with the establishment of their commission consistently increasing punishments. Besides, it is necessary to legislatively define that mitigating and aggravating circumstances characterizing the committed crime but not related to the identify of one of the accomplices, should be taken into account when assigning punishment only to those accomplices who were aware of the existence of such circumstances when committing a crime.
Gaps in Russian Legislation. 2022;15(3):112-116
pages 112-116 views

Socio-Economic Transformations of Peter I: Historiographical and Pedagogical Review

Moroz V., Balashova E.

Аннотация

The article is devoted to the characteristics of the socio-economic transformations of Peter the Great. The motives, features, course, content and results of the reforms of the autocrat in the sphere of industry, trade, tax and financial sector are summarized, their historiographic evaluation is given, the pedagogical potential of studying Peter the Great's reforms in the school education system is assessed.
Gaps in Russian Legislation. 2022;15(3):117-123
pages 117-123 views

Freedom as a Philosophical-Legal and Political Category: History of the Question

Zubov V.

Аннотация

Based on comparative-historical and analytical methods, the publication presented to the reader's attention attempts to describe and comprehend the path of formation and change of the category "freedom" in philosophical, legal and political thought. Consistently solving the following tasks (characterization of freedom by ancient authors, consideration of the category of "freedom" from the point of view of thinkers of the New Age, appeal to the understanding of freedom by the French Enlightenment, analysis of the definition of freedom by German philosophers - Hegel, Marx and Engels, establishing the place of the category "freedom" in works of followers of the liberal trend), the author is guided by the principle of historicism, according to which the assessment of a particular period is carried out on the basis of the existing context and previous stages of development, and not subsequent ones. It is noted that the concept of "freedom" has undergone a significant conceptual evolution over time. The evolutionary character is expressed in the acquisition of both humanistic and essential, deep content. The humanistic component of freedom consists in recognizing the latter as the highest value, the essential one in establishing reasonable limits for the realization of freedom in society. At the same time, the evolutionary process is not recognized as linear, consistent, since the periods of contribution to the doctrine of freedom were often replaced by stagnation, which is proved by the author on the basis of an appeal to the reception of Holbach's views by Engels, as well as the transfer of components of freedom from the philosophy of Rousseau to the philosophy of libertarianism. As a result, the author comes to the conclusion that freedom now occupies a significant place in the axiological system of any developed society, which shows the enduring importance of this category for the human community.
Gaps in Russian Legislation. 2022;15(3):124-133
pages 124-133 views

Lexical Shells of "Life": Constitutional Release of Russia

Markhgeym M.

Аннотация

Taking into account constitutional-legal and other scientific approaches and contexts to the study of life, the results of the analysis of the constitutional texts of 1918, 1925, 1937, 1978 and 1993 for its formalization are presented. The hypothesis is put forward that relying on the "letter" of the constitution in a chronological way will allow us to catch the "spirit" of the time, its corresponding priorities and accents expressed in the lexical shells of life. It is concluded that the latter have historically changed from predominantly collective to predominantly individual forms. It is noted that the modern forms of the constitution of the right to life were preceded by the fixation of "personal life" (1978) and "private life" (1993); "state life" (1918, 1937, 1978), "public life" (1925) and "socio-political life" (1937); "political and economic life" (1925), "economic life" (1937), "economic, political, social and cultural life" (1978) and only "cultural life" (1993). Attention is drawn to the fact that various characteristics of "life" were associated with different addressees: "prosperous and cultural life of workers" (1937); "long and active life of citizens" (1978); "decent human life", "traditional way of life of small ethnic communities" (1993); "healthy lifestyle of citizens", "quality of life of disabled people" (1993/ 2020).
Gaps in Russian Legislation. 2022;15(3):134-138
pages 134-138 views

The Concept of Monitoring Threats to Information Security in Organizations of the Fuel and Energy Complex

Severin V.

Аннотация

The article substantiates the need and formulates the basic principles of an information security monitoring system that allows analyzing threats to information security in organizations of the fuel and energy complex (FEC) in order to quickly identify violations in the information sphere, assess, predict and issue recommendations for preventing threats at an early stage. their occurrence. The development and implementation of the system will make it possible to monitor: the overall economic situation in terms of financial stability and competitiveness of technological potential, security of the organization's personnel, its property and capital, legal protection of rights and legitimate interests; the emergence of external and internal threats to organizations of the fuel and energy complex in connection with the use of protected information in economic activities; the aspirations of foreign intelligence agencies and competitors to identify the distinctive features of the projects being developed and promote the product to the market using competitive intelligence methods and illegal methods of industrial espionage; the state of the legal regime of information protection established in the organization and the effectiveness of the measures taken to ensure it.
Gaps in Russian Legislation. 2022;15(3):139-144
pages 139-144 views

Financial Legal Relations and their Reflection in Russian Federal Subjects’ Constitutions

Toriya R., Konovalova Z.

Аннотация

The article examines the financial and legal norms specified in the Constitutions of the Russian Federation and the RSFSR adopted in various years. The emphasis is on their application. A study was also conducted on the reflection in the Constitutions of the financial and legal norms in force at the moment.
Gaps in Russian Legislation. 2022;15(3):145-151
pages 145-151 views

Commissions on Juvenile Affairs and Protection of their Rights: Problematic Issues

Volosova N., Balovneva V., Shmeleva E.

Аннотация

In the implementation of the system of measures aimed at the prevention of crimes and offenses of minors, Commissions for Juvenile Affairs and the protection of their rights occupy a leading place. Established more than a hundred years ago, they still occupy a leading place in the coordination of activities for the protection of children's rights. However, weak legislative regulation of the activities of the Commissions does not allow this work to be carried out effectively. The authors raise the problem of clear and complete legislative regulation of their activities.
Gaps in Russian Legislation. 2022;15(3):152-156
pages 152-156 views

Problems of Origin of Municipal Property Rights as an Element of Economic Public Order

Butchenko V.

Аннотация

The article examines the issues of the emergence of municipal property rights as an element of economic public order. The concept of economic public policy is linked to the concept of the common good and the public interest. It involves the impact of the state on the economy, the development of economic policy, state regulation of economic relations, including the restriction of private property, the social obligations of the owner to society, the balance of individual rights and freedoms and public interests. Economic public order aims to create a managed economy. The economic public order includes imperative and prohibitive norms that restrict the behavior of private individuals in the general interest. The right of municipal property itself represents a set of norms of this type that determine the procedure for the possession, use and disposal of municipal property by subjects of municipal power in the interests of the municipality. The purpose of the present study is to consider emerging issues in this area related to understanding the essence of municipal property relations. In this regard, three components of property relations play a key role. Firstly, the object (material or intangible), about which the property (legal) relations of subjects are formed, i.e., the material content of property; secondly, the actual system (structure) of traditional and/or property (legal) relations between subjects; thirdly, the economic implementation of the established traditional and/or property (legal) relations between subjects at the micro level through specific methods of appropriation of objects and at the macro level through the functioning of the local economy subsystem in the aggregate of its elements. Each of these components is important in terms of ensuring the effective functioning of the form of ownership. Based on the study, the author comes to the conclusion that, as a legal institution, the right of municipal property as a whole can be considered formed - this form of ownership is recognized by the Constitution of the Russian Federation, the Civil Code of the Russian Federation, regulations have been adopted that establish a specific legal regime for the institution of municipal property.
Gaps in Russian Legislation. 2022;15(3):157-166
pages 157-166 views

Resolution of Labor Disputes with Respect to Migrants in the Russian Federation, the People's Republic of China, the United Arab Emirates

Abdullaev E.

Аннотация

Research Objective. Mass labor migration in the 21st century is a socio-economic outcome of globalization processes that have radically changed traditional labor and labor markets. Millions of people migrate to economically successful and stable regions and countries in search of more decent earnings to carry out labor activities. The Russian Federation, the People's Republic of China, and the United Arab Emirates are among such world centers of labor migration. As leaders in this matter, they regulate the labor of temporary workers in their territories in different ways, protect their labor rights and solve labor disputes with regard to them. The purpose of this article is to analyze these problems in their broad socio-economic and legal (legislative) aspects. Conclusions. The approaches taken by Russia, China, and the UAE as hosts to the regulation of migration processes are very different and are determined primarily by the specifics of economic policy and worldviews. The PRC has not yet provided migrant workers with legal opportunities to protect their interests. The UAE has become more open and liberal, but it still does not sufficiently realize the labor rights of temporary workers and selectively favors Westerners in disputes. Against this backdrop, Russia is particularly systematic and consistent in its implementation of advanced global values with respect to migrant workers. Labor disputes involving them have several legitimate options for development, including fair consideration of claims in court.
Gaps in Russian Legislation. 2022;15(3):167-173
pages 167-173 views

General Characteristics of the Current Prohibitions and Restrictions on the Placement of Industrial Facilities

Krauze V.

Аннотация

The purpose of the study. The author provides a brief overview of the current prohibitions and restrictions on the placement of industrial facilities Legal measures of environmental protection in the placement of industrial facilities in the form of legislative restrictions and prohibitions should be analyzed at the stage of the placement of the facility, before engineering the facility in order to save investors' money and prevent the conduct of economic activities that have a negative impact on the territories where it is prohibited or restricted. Most restrictions and prohibitions are established in relation to certain categories of land, as well as in relation to components of the natural environment - for the protection of water, flora and fauna, atmospheric air, soil, and subsoil. It is concluded that the regulation of the placement of industrial facilities at territories with the presence of dangerous natural factors - permafrost, harmful effects of water, karst phenomena, landslides and others, is carried out within the framework of regulatory and technical documents and departmental regulatory legal acts in the absence of appropriate restrictions and prohibitions established at the level of federal laws. The placement of industrial facilities at territories with risk of occurrence and/or activation of hazardous natural processes and phenomena, as well as territories with the spread of specific and permafrost soils should be carried out on the basis of an assessment of these risks, including within the framework of the environmental impact assessment (EIA) procedure and during the preparation of engineering survey materials. It is necessary to legislate the conditions, restrictions and prohibitions on the placement of industrial facilities in territories characterized by the presence of natural hazards and processes.
Gaps in Russian Legislation. 2022;15(3):174-182
pages 174-182 views

«Greenhouse» Fire: the Impact of Global Climate Change on Forest Fires

Oleynik M.

Аннотация

The purpose of the research. The article discusses the problems of the impact of global warming on the occurrence of forest fires. The state of both Russian and international legislation aimed at solving the current problems of global warming is being assessed. The purpose of the study is to establish and identify tasks aimed at reducing emissions of greenhouse gases into the atmosphere of the environment. Results. It is shown that today there are some legal omissions in the regulation of forest protection relations. The author explores the possibility of using advanced innovative technologies to combat forest fires. As a result of the above research, the author concludes that not only the systems of self-temporary response, but also the appropriate technological equipment will be able to help in the prevention of forest fires on the territory of the Russian Federation. Comprehensive regulation and targeted measures are the cornerstone in the implementation of tasks set at the state level.
Gaps in Russian Legislation. 2022;15(3):183-186
pages 183-186 views

State Land and Urban Planning Policy for the Integrated Development of the Territory of Cities of Federal Significance

Malikov V.

Аннотация

The implementation of the state land and urban planning policy for the integrated development of the territory in cities of federal significance requires an integrated approach, taking into account all the features of the existing and prospective development of quarters in conjunction with the structural elements of planning and public spaces. In general, the policy in the field of integrated development of the territory is a historically developed complex system, the content of which seems to include public law prescriptions from several branches of law at once. Based on this, the analysis of the indicated sectoral public law regulations related to the formation of state, land, urban planning policy was carried out in order to study and reveal the essence of the subject of research.
Gaps in Russian Legislation. 2022;15(3):187-191
pages 187-191 views

Some Aspects of Legal Regulation of Digital Business in the Arctic Territory

Battakhov P.

Аннотация

The article examines the features of legal regulation of digital business in the Arctic zone. It is necessary to introduce into the federal law of 13.07.2020 N 193-FZ "On state support for entrepreneurial activity in the Arctic zone of the Russian Federation" a clause on the creation of mining pools in the Arctic constituent entities of Russia. And also put forward a proposal for federal and regional subsidies and other benefits for novice business entities in digital business. It was proposed to amend the federal law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" clause 8.1. Article 3 "on the concept of aiti-social enterprise." The development of legal regulation of digital business in the interaction of state and economic entities in the Arctic territory of Russia was studied. It was concluded that the state control of rare earth metals for alienation to foreign countries should be regulated by an industry codification act. It is necessary to develop and adopt the Arctic Code of Russia for the development of Arctic territories.
Gaps in Russian Legislation. 2022;15(3):192-197
pages 192-197 views

Civil Protection of Secret of Private Life: Main Issues

Ovchinnikova Y.

Аннотация

The article notes the relevance of issues of civil law protection of the privacy of a citizen. The legal nature of the concepts "private life", "privacy", "inviolability of private life" is revealed. At the same time, private life is considered as the sphere of realization of the private interest of a citizen. The main types of violations of privacy and the problems of civil protection have been identified. In particular, it substantiates the inconsistency of using such criteria as "state interest" and "public interest" when disclosing information about the secret of a citizen's private life. The judicial practice is analyzed, recommendations on amendments to the legislation are given. The issues arising in the implementation of the rules on the secrecy of private life in contractual legal relationships are considered. Possible negative consequences of the conclusion of an agreement on the disclosure of information related to the secret of private life in contracts with the participation of a weak party are noted.
Gaps in Russian Legislation. 2022;15(3):198-203
pages 198-203 views

Theoretical and Legal Foundations of the Legal Nature of a Corporate Contract

Shepeleva D., Shepelev D.

Аннотация

From a theoretical point of view, a corporate contract is a category characterized as a «construction», «institution», «agreement», which is characterized by the dispositive nature of the conclusion in order to achieve a balance of the legal interests of the company's participants. The participants of the corporate agreement, which can be both individuals and legal entities, make a profit. Traditional ideas about a corporate contract have been shunned for a long time in Russia for its practical application, which is why entrepreneurs did not have the opportunity to fully rely on the judicial protection of such contracts and until 2014 there was no single term «corporate contract». The single term «corporate contract» appeared only in 2014 through the unification of the concept under Article 67.2 of the Civil Code of the Russian Federation. A corporate contract is characterized by the nature of an obligation relationship, which means that the rules on obligations under civil law can be applied to it. The article includes sections devoted to the first manifestations of corporate disputes in Russia, the analysis of the theoretical and legal principles of the category «corporate contract», the consideration of a corporate contract as a kind of civil law contract, scientific disputes on the problems of the possibility of applying rules on obligations to corporate contracts. Before the legal consolidation, the corporate contract was positioned by the courts as a violation of public order, which means it could not be concluded on the principle of freedom of contract, which is unfair and incorrect. However, the practice of courts after the «legalization» of corporate contracts shows the same attitude of courts to this type of agreements, which is also important to focus on.
Gaps in Russian Legislation. 2022;15(3):204-208
pages 204-208 views

Foreign Experience of Legal Regulation of Names of Biomedical Cell Products

Davidenko A.

Аннотация

This article examines foreign and international experience in formulating the names of biomedical cell products and their various types. The relevance of the topic of this study is concerned with the practice of developing and subsequent registration of BMCP is just emerging in the Russian Federation, however, the use of international experience in the names of finished drugs is important for the subsequent certification and circulation of such products on the market. The purpose of the study is to consider foreign and international practice and standards in the formulation of the names of BMCP. Research methodology: analysis of the practice of naming biomedical cell products at the international level and abroad. The novelty of the research lies in the consideration of the foreign experience of BMCP names and the formulation of proposals for the introduction of international practice into Russian legislation.
Gaps in Russian Legislation. 2022;15(3):209-212
pages 209-212 views

Innovation Assessment Activities (Essence, Content). Evaluation of Innovative Projects in Russia

Kozubenko V.

Аннотация

The relevance of the study of the evaluation of innovative projects is due to the need to solve a number of difficulties and problems in this matter. We say that the decision methods for evaluating innovative projects are imperfect, and therefore there is an increase in research in this area. The purpose of the study is to study methods for evaluating innovative projects. Research methodology: analysis of scientific doctrine, as well as the practice of evaluating innovative projects. The novelty of the study is to identify problematic issues in the evaluation of innovative projects.
Gaps in Russian Legislation. 2022;15(3):213-217
pages 213-217 views

Axiological Paradigm of Freedom in the Criminal Code of the Russian Federation (Articles 207.3, 280.3 of the Criminal Code of the Russian Federation)

Ivanov N.

Аннотация

The article discusses the options for freedom of speech, freedom of opinion and expression from the standpoint of the new articles of the Criminal Code included in the code in connection with the manifestations of discontent associated with the special operation in Ukraine. The author did not set out to analyze the novels of the Criminal Code from the standpoint of the "school" analysis of their composition, but limited himself only to problematic issues of their social purpose and legal and technical design.
Gaps in Russian Legislation. 2022;15(3):218-226
pages 218-226 views

On the Issue of the Function of the Prosecutor's Office of the Russian Federation on Representation and Protection of the Interests of the Russian Federation in Foreign, International and Interstate Instances

Amibekov K., Kakitelashvili M., Maslova O.

Аннотация

Based on the author's approach to understanding the concept of "the function of the prosecutor's office", the article substantiates the endowment of the Prosecutor's Office of the Russian Federation with a new function of representing and protecting the interests of the Russian Federation in interstate bodies, foreign, international (interstate) courts, foreign, international arbitration courts (arbitrations). Suggestions are made about the expediency of introducing a new academic discipline on this issue when teaching students and improving the qualifications of prosecutors.
Gaps in Russian Legislation. 2022;15(3):227-232
pages 227-232 views

Private Procedure for Criminal Prosecution in Russian Legal Proceedings (Implementation Problems)

Shurukhnov N.

Аннотация

The purpose of the study is the private order of criminal prosecution, its practical significance, ensuring the rights and legitimate interests of citizens of modern Russia. For its implementation, legislative acts were studied, on the basis of which a retrospective of the development of this institute was briefly given. The formation of its own attitude to the problem was based on understanding the publications of procedural scientists. The main focus is on the procedure for considering criminal cases of crimes under Part 1 of Article 15 of the Criminal Code of the Russian Federation (intentional infliction of slight bodily harm that caused a short-term health disorder or a slight persistent loss of general working capacity); Art. 116.1 of the Criminal Code (beatings by a person subjected to administrative punishment); w. 1 Article 128.1 Criminal Code of the Russian Federation (libel). The special legal status of the victim participating in the criminal prosecution of a private type is indicated. The article provides statistical data from the Judicial Department under the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia on the dynamics of bringing citizens (including those held in places of deprivation of liberty) to justice under the designated articles of the Criminal Code of the Russian Federation. It is pointed out the contradictions between administrative legal (public) and criminal procedure (private) in deciding on the prosecution of persons who have committed such acts again. The conclusion contains the author's argument on changing the type of criminal prosecution - the abolition of charges in court in private
Gaps in Russian Legislation. 2022;15(3):233-238
pages 233-238 views

To the Question of Responsibility for Public Actions Aimed to Discredit the Use of the Armed Forces of the Russian Federation for the Purposes of Protecting the Interests of the Russian Federation and its Citizens, Maintaining International Peace and Security

Shkhagapsoev Z., Akkaeva H.

Аннотация

Public actions have a significant impact on the formation of public perception of many state-significant processes, in connection with which Russian legislation regulates in great detail the features of organizing and holding various public events. However, members of the public quite often ignore the relevant requirements, and moreover, very subjectively assessing various political situations, they actively engage in illegal public activities. In the context of the aggravated geopolitical conflict between Russia and Ukraine and the ongoing special military operation in the Donbass, the spread of unlawful behavior aimed at discrediting the Armed Forces of the Russian Federation has become an actual trend in Russian society. The purpose of writing a research paper is to analyze the responsibility provided for by the current criminal legislation for public actions aimed at discrediting the use of the Armed Forces of the Russian Federation in order to protect the interests of the Russian state and its citizens, as well as to maintain international peace and security. The author comes to the conclusion that the disposition of Art. 280.3 of the Criminal Code of the Russian Federation currently provides for a very broad content, but it seems fair that the institution of responsibility for the analyzed unlawful behavior is oriented towards administrative and legal mechanisms, and in the event of their inefficiency or a significant amount of negative consequences for individuals and society, the criminal law norm is used. The timeliness of the addition of the Criminal Code of the Russian Federation to Art. 280.3, which needs further detailed interpretation by law enforcement and judicial authorities.
Gaps in Russian Legislation. 2022;15(3):239-243
pages 239-243 views

Prospects for Criminal Law Protection of In Vitro Embryos in the Context of International Practice and Foreign Experience

Ognerubov N.

Аннотация

The article raises and explores the topical issue facing the advanced legal systems of the world today, concerning the evaluation of the in vitro embryo in terms of its legal status. On the example of the jurisprudence of the European Court of Human Rights and the legislation of foreign countries the approaches to the in vitro embryo as an object, subject and also based on the sui generis approach used to investigate the legal status of the embryo «in vitro» are considered. Based on the analysis of each of the approaches, the author has drawn conclusions about the most applicable and effective direction of development of the legislation of the Russian Federation on criminal law protection in the field of assisted reproductive technologies, including in relation to embryos in vitro.
Gaps in Russian Legislation. 2022;15(3):244-248
pages 244-248 views

Criminalistic Teaching About the Implementation of Special Knowledge Outside of Forensic Examination: The Results of the Study

Zhdanov S.

Аннотация

The article presents some results of an independent interdisciplinary scientific study conducted by the author on the criminalistic doctrine of the implementation of special knowledge outside of forensic examination (specialization). The results of the study are based on an empirical basis for 2012-2021.
Gaps in Russian Legislation. 2022;15(3):249-255
pages 249-255 views

Reasoning About the Stages and Time Frames of the Preliminary Investigation Stage

Chabukiani O.

Аннотация

The framework of the second stage of criminal proceedings is fixed in the form of determining the term of the preliminary investigation and inquiry. The initial moment of the stage of questions in theory and law enforcement practice does not cause, unlike the moment of the end. The interpretation of the legislator "until the day of sending the criminal case to the prosecutor ..." generates the following discussions: 1. Is the prosecutor's activity on checking the received materials of the criminal case included in the stage of the preliminary investigation? The amendments made on December 28, 2010 to Article 221 of the Criminal Procedure Code of the Russian Federation, allowing in certain cases to extend the decision-making period by the prosecutor up to 30 days, renewed in the theory of criminal procedure the ideas of dividing the preliminary investigation into stages or allocating a new stage of the criminal process. 2. Do the indictment and the indictment resolution drawn up have legal force if they are not approved by the prosecutor? If not, what about the procedural status of the accused in this case? The purpose of the work is to analyze the existing theoretical discussions and law enforcement problems in determining the timing of the end of the preliminary investigation. The possibility and expediency of singling out three stages of the second stage of the criminal process, which have their own independent terms, is expressed: preliminary investigation, verification by the prosecutor of the received materials of the criminal case and additional investigation. Such an allocation will ensure that all participants in criminal proceedings properly perform their procedural functions and will differentiate the activities of criminal prosecution bodies according to the tasks achieved, including in terms of guarantees of compliance with the terms of the chosen preventive measures.
Gaps in Russian Legislation. 2022;15(3):256-260
pages 256-260 views

On the Issue of Procedural Guarantees of Individual Rights During a Search of a Home

Chaplygina V., Rudov D.

Аннотация

In the article, the authors point out the importance of ensuring the protection of the rights and legitimate interests of an individual during investigative actions, in particular, during a search. Considerable attention is paid to this problem both in criminal procedure legislation and in law enforcement practice. Particular attention is paid to the problems of ensuring the rights and legitimate interests of the individual in the course of investigative actions, in this connection, the authors in the article would like to touch on this topic in the framework of ensuring guarantees of the rights of the individual involved in criminal proceedings. The authors consider it necessary to consider in the article the issues concerning the psychological mood and emotional state of citizens during the search, in connection with which the persons involved in its production may perceive what is happening in completely different ways. The article emphasizes the importance of ensuring the rights and legitimate interests of the person being searched through the prism of ethics and respect for human dignity and preventing interference in their lives, taking into account the prohibition of actions and decision-making in criminal procedure legislation that degrade the honor and dignity of a participant in criminal proceedings, as well as treatment that degrades his human dignity or creating a danger to his life and health. The authors give reasonable recommendations on the conduct of a search, taking into account the observance of the rights and legitimate interests of persons involved in its production, while considering the feasibility of this investigative action in individual cases. The article analyzes the judicial and investigative practice of conducting a search, taking into account the legislative position on the dominant right of the individual to ensure the right to inviolability of the home. The authors also raise a number of issues of law enforcement practice in conducting a search with the possibility of ensuring the rights and legitimate interests of persons involved in its conduct. The purpose of the study is to study the problems of the production of investigative and other procedural actions in the citizen's home during pre-trial proceedings in a criminal case. The conclusions given in the study are the formulated provisions on the procedural procedure for conducting investigative and other procedural actions in the housing of citizens, with a statement in the authors' own vision.
Gaps in Russian Legislation. 2022;15(3):261-265
pages 261-265 views

Legal Regulation of «Feedback Suits»

Chukreev V.

Аннотация

Recently, one of the most rapidly growing market segments has become a VR (virtual reality) system with a huge number of various prototypes and devices that allow you to immerse yourself in artificial simulation as much as possible. This article discusses the main aspects of criminalization related to the regulation of crimes committed in the vastness of virtual reality using «feedback suits». The legal system is struggling to keep pace with the development of the Internet, which today allows for the creation of new platforms and opportunities for crime prevention.
Gaps in Russian Legislation. 2022;15(3):266-270
pages 266-270 views

Criminal Legal Protection of Surrogacy

Akkaeva H.

Аннотация

Currently, one of the most urgent medical diseases that couples face all over the world is the problem of infertility, to solve which states are actively introducing assisted reproductive technologies into the healthcare sector. Among such technologies, surrogate motherhood raises many questions of both moral and ethical and legal nature. In particular, the problem of criminal law protection of assisted reproductive technology has not been resolved to date. The current criminal legislation does not contain direct norms regulating surrogate motherhood, however, in law enforcement practice there are cases of unjustified qualification of the use of surrogate motherhood as a criminal act provided for in Article 127.1 of the Criminal Code of the Russian Federation, i.e. as human trafficking. The author, by analyzing the elements of the composition of the specified crime, concludes that such a qualification of surrogacy is unlawful. At the same time, there is reasonable doubt about the need to consolidate a separate corpus delicti in the form of a violation of the legislation on the procedure for organizing surrogacy. However, the emerging judicial and law enforcement practice in this area proves the need for detailed regulation of the legal regulation of the scope of assisted reproductive technologies.
Gaps in Russian Legislation. 2022;15(3):271-274
pages 271-274 views

Structure of Public Danger: Correlation of the Corpus Delicti and Criminal Harm

Komyagin R.

Аннотация

Purpose of the study. The article deals with the problems of establishing the criminal law nature of public danger as a fundamental material feature of the general concept of a crime. The essence of the feature under consideration is characterized by two parameters: character and degree. The solution of the question of in what elements and signs of the corpus delicti the harm caused by the crime is expressed, determines the formation of the structure of the nature and degree of public danger. As a result, it becomes possible to build a theoretical model of the concept and structure of public danger, as well as to address the issue of intersectoral differentiation: whether the sign of public danger is characteristic only of crimes, or is inherent in offenses of other branches of law. The aim of the study is to build a theoretical model of the structure of public danger based on the correlation of the harm caused by the crime with the elements and signs of the corpus delicti. Findings. The harm caused by the crime is the result of the realization of public danger. With regard to the structure of the crime, a socially dangerous act (for formal and truncated crimes) or socially dangerous consequences (for material crimes), as signs of the objective side, are the amount of harm that is caused to the object of the crime. Thus, the structure of the nature of public danger and the degree of public danger is represented by two elements: the object and the objective side of the corpus delicti. The quantitative expression of the harm caused by a crime, or the threat of its infliction, is found in the objective side of the corpus delicti and the mandatory (socially dangerous act or socially dangerous consequences that have occurred) and optional features (time, place, method, environment of the commission of the crime) that characterize it, which form the degree of social danger. The object of the crime and its features determine the severity of the harm caused by the crime and form the structure of the nature of the public danger. At the same time, the nature and degree of public danger are closely interrelated. The significance of the committed act and the resulting socially dangerous consequences, which are structural components of the degree of social danger, is determined by the immediate object and the features that characterize it - forming the nature of public danger. The nature and degree of public danger of a crime of a certain type, provided for in the disposition of the criminal law norm, have a typical content. With regard to a specific crime, it becomes possible to indicate the committed socially dangerous act, the exact size of the socially dangerous consequences that have occurred and optional signs of the objective side (the degree of public danger), as well as the value of the direct, additional, optional objects and subject of the crime (the nature of public danger).
Gaps in Russian Legislation. 2022;15(3):275-281
pages 275-281 views

On the Issue of Criminalistic Characteristics of Extremist and Terrorist Crimes

Korovaynaya Y.

Аннотация

The article discusses the basic concepts and elements of criminalistic characteristics of crimes of extremist and terrorist orientation. In addition, the significance of this study for the practical bodies of the Ministry of Internal Affairs of Russia in the investigation and disclosure of crimes is substantiated.
Gaps in Russian Legislation. 2022;15(3):282-286
pages 282-286 views

Problematic Issues of Theoretical and Methodological Aspects of the Disclosure and Investigation of Fraud in the Field of Social Benefits, in Particular the Illegal Cashing of Maternity Capital

Rozhkova Y.

Аннотация

The article reveals the problematic issues of theoretical and methodological aspects of the disclosure and investigation of fraud related to the illegal cashing out of maternity capital, raises the question of the need to create a qualitative study and quantitative accumulation of information and practical basis that contributes to the improvement of private methods for investigating this type of crime.
Gaps in Russian Legislation. 2022;15(3):287-291
pages 287-291 views

Immunities and Privileges of the Diplomatic Mission and Its Staff, Problems of Implementation

Pavlyuk A., Bobrov A.

Аннотация

The article deals with the problems of the implementation of the immunities and privileges of diplomatic missions and their personnel. The existing approaches to the definition of the concepts of "immunity" and "privileges" in the science of international law are analyzed. The purpose of the study is to identify existing gaps in the legal regulation of the immunities and privileges of the diplomatic mission and its staff. As a result of the study, the authors come to the conclusion that the Vienna Convention on Diplomatic Relations of 1961 regulates only the basic immunities and privileges necessary for diplomatic missions and their employees to perform the tasks assigned to them. In addition to the privileges and immunities specified in the Vienna Convention on Diplomatic Relations of 1961, there are still a large number of immunities and privileges granted to employees of diplomatic missions and mutual agreements of partner States, which give a broad interpretation of the provisions of the Vienna Convention on Diplomatic Relations of 1961. The authors of the study separately emphasize that the immunities and privileges of employees of diplomatic missions should be considered not as personal immunities given to them, but as immunities and privileges given to the accrediting State and extended to employees of its diplomatic missions. Confirmation of this theory is the fact that immunities and privileges do not apply to employees of diplomatic missions who are citizens of the host country or permanently residing in the host country.
Gaps in Russian Legislation. 2022;15(3):292-298
pages 292-298 views

Scientific and Doctrinal Views on the Problem of Gaps in International Law and the Criteria for Gaps

Nikiforov S.

Аннотация

The purpose and objectives of writing the article are to analyze the existing scientific and doctrinal views on the problem of gaps in international law and the criteria for gaps. Methodological approach. The work uses general scientific methods, in particular analysis and comparison, as well as methods of legal interpretation. Results and conclusions. The article examines the nature of the gap, concludes about the reasons for the appearance of gaps, suggests the grounds and criteria for classifying gaps, ways to fill them.. The originality and value of the work lies in the identification and development of the classification of gaps according to the degree of gap in different gaps according to the following criteria: the place of the gap in the international legal system, the "volume" of the gap, the number of subjects of international law affected by this gap, and the method of filling the gap.
Gaps in Russian Legislation. 2022;15(3):299-302
pages 299-302 views

To the Issue of Concept and Essence of the Indigenous People’s Right to Sustainable Development

Nikitin F.

Аннотация

Purpose of the study. This article is devoted to the study of the concept and essence of the indigenous peoples’ right to sustainable development. Results. During the consideration of the various international law provisions that enshrine specific norms of this concept, it is found that homonymous rights of indigenous peoples form a very complicated system that combines various rights that are closely related to the self-determination right. Thus, this study aims to show a somewhat alternative approach to understanding the essence of the right under consideration mainly as a part of the self-determination right that perceived by the author as a «cornerstone» of all the modern policies in the field of sustainable development of these peoples. Of particular interest is the author's position on the non-interference of the state and large business in the affairs of these peoples’ communities. As a result of the analysis, it is summarized that these peoples themselves should play a key role in the indigenous sustainable development process. Due to this fact, it is noted that the assistance offered by states and international organizations to indigenous peoples’ sustainable development should be carried out by providing them with freedom of choice and expression of their own opinion regarding their political, economic, social and cultural status. It also should provide diversified support measures, as well as expand their opportunities to live in accordance with their own needs and interests, being integrated into today’s civilization processes. The latter, according to the author, will contribute to the preservation of these peoples as separate ethnic communities, as well as their sustainable development on the terms they choose.
Gaps in Russian Legislation. 2022;15(3):303-312
pages 303-312 views

Diplomatic Immunities and Privileges (Theoretical and Legal Aspects)

Aliyev E.

Аннотация

The article examines and analyzes the theoretical and legal aspects of diplomаtic immunities and privileges in International Law. The international legal norms and legal practices that enshrine diplomatic immunities and privileges are not just a tradition, but the common property of all civilized mankind. These norms were formed in the period of the Ancient World. No state can refuse to respect diplomatic immunity, because diplomatic immunity is a universally bin-ding institution of modern international law and cannot be canceled by the will of one state or even the will of several states. Despite this, there are certain gaps in diplomatic practice, directly related to diplomatic immunities and privileges (for example, there is still no clear definition in international law as to who is responsible for the deliberate destruction of diplomatic premises or for the death of a diplomatic agent of a third state located on the territory of one of the two countries that are at war between them).
Gaps in Russian Legislation. 2022;15(3):313-318
pages 313-318 views

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