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

Том 15, № 5 (2022)

Мұқаба

Бүкіл шығарылым

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

Articles

Features of Training Employees of the Territorial Bodies of the Ministry of Internal Affairs of Russia to Use of X-Ray Television Systems Designed to Identify the Facts of Concealment of Explosives and Explosive Devices, Weapons, Ammunition and Other Dangerous Items and Substances Dedicated to the 90th anniversary of the North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Urumov A.

Аннотация

The article reveals the specifics of training employees of the territorial bodies of the Ministry of Internal Affairs of Russia for the use of inspection equipment, including X-ray television systems, in educational organizations of the Ministry of Internal Affairs of Russia. On the example of the North Caucasian Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia, the author considers the features of the organizational and methodological conditions for the implementation of the additional professional program “Use of Technical Means of Inspection. Ensuring Radiation Safety”. At the present stage, the range of tasks that employees of the internal affairs bodies of the Russian Federation should solve is very wide and varied. Many tasks require employees to have the appropriate competencies for the effective use of modern special equipment. So, in particular, employees serving in the North Caucasus region as part of groups (units) for conducting inspection activities at federal checkpoints must have the skills and abilities to conduct control and inspection activities using modern technical means of search and detection , including X-ray television installations, to ensure the detection of violations of Russian legislation by concealing the transportation of explosives and explosive devices, weapons, ammunition, nuclear and radioactive materials and other dangerous items and substances. A special role in ensuring security in the North Caucasus region is played by federal checkpoints of the Directorate for organizing the work of accounting and barrier systems of the Temporary Operational Grouping of Bodies and Subdivisions of the Ministry of Internal Affairs of Russia as part of the Joint Grouping of Troops (Forces) for Conducting Counter-Terrorist Operations in the North Caucasus Region of the Russian Federation of the Main Directorate of the Ministry of Internal Affairs of Russia for the North Caucasian Federal District (FC of the DOW ABS TPGBS of the MIA of the MD MIA for the NCFD). It should be noted that new federal checkpoints were created in the North Caucasus Federal District in 2014. Taking into account the experience of ensuring security in the preparation and holding of the XXII Winter Olympic Games in Sochi, the President of the Russian Federation set the task of creating a system on the territory of the North Caucasus region that would become a reliable barrier in the way of terrorists and means of terror. In this regard, the leadership of the Ministry of Internal Affairs of Russia decided to create a system of registration and barrier facilities, including the federal checkpoints. These posts are intended for carrying out control and inspection activities using modern technical means of search and detection, including X-ray television installations. Today, the current tense international situation contributes to the intensification of terrorist activities against our country. These circumstances require the territorial bodies of the Ministry of Internal Affairs of Russia to intensify anti-terrorist measures and the utmost attention of employees in the course of their service in order to ensure security and social stability. Based on the above mentioned information, the issues of training employees of the territorial bodies of the Ministry of Internal Affairs of Russia in the use of inspection equipment, including X-ray television systems, are relevant. The purpose of the study is to identify effective methods for training employees of the territorial bodies of the Ministry of Internal Affairs of Russia in the use of X-ray television systems in operational activities. To do this, in the course of the study, it is necessary to solve the following tasks: 1) analyze the additional professional program “Use of Technical Means of Inspection. Ensuring Radiation Safety” (with partial use of distance learning technologies) and identifying the features of its implementation; 2) determine the key points in the training of specialists in the specified educational program; 3) as a positive experience in the implementation of the training program, draw up a methodology for training specialists in the use of X-ray television systems. Within the framework of the study, such general and particular scientific methods as analysis, synthesis, induction, deduction, generalization method, comparative method, systematic, logical, peer review method, etc. were used. As a result of the study, the following conclusions were formulated: 1. Training of employees of the territorial bodies of the Ministry of Internal Affairs of Russia to use the X-ray television systems should consist of the following triad: theoretical training, simulator training and practical training. 2. The possibility of implementing an additional professional program “Use of Technical Means of Inspection. Ensuring Radiation Safety” both in full-time format and in the format of "remote-full-time" training allows educational organizations of the Ministry of Internal Affairs of Russia, if necessary, to transfer training to distance learning in order to ensure the training of specialists in the use of X-ray television systems in various conditions. 3. In the course of practicing the skills of interpreting shadow images of the inspected object by the trainees, for didactic purposes, teachers are recommended to use educational technologies and the existing experience of training specialists at the Training Center for Aviation and Transport Security of CJSC AeroMASH - Aviation Security. 4. When developing practical skills and abilities in the operation of various inspection and search equipment, it is advisable to use a practice-oriented approach to training, which involves the use of federal checkpoints inspection modules as a practice-oriented platform, as this will bring the training situation as close as possible to the real situation.
Gaps in Russian Legislation. 2022;15(5):18-26
pages 18-26 views

Training Employees of the Internal Affairs Bodies for Preliminary Actions when Protecting Against an Attack by an Offender

Nastuev E.

Аннотация

The article deals with the problems of training employees of the internal affairs bodies for pre-emptive actions when protecting against the blows of offenders. Improving the training of employees of the internal affairs bodies for preventive actions when protecting against the blows of offenders is an extremely relevant issue, since in modern society the number of employees of the internal affairs bodies who have been injured in the course of performing their professional duties is increasing every year. The reason for this negative trend is precisely the imperfection of the skills of defending against blows of offenders. Reducing this indicator is one of the priorities of the internal affairs bodies. Increased attention should be paid to the issues of physical training and education of employees of internal affairs bodies. The formation and development of the skills of police officers takes place in the process of training activities, it is necessary to develop and implement new methods of teaching martial arts among police officers. The objectives of the study are to analyze modern problems in the field of physical training of police officers, in terms of providing resistance to offenders. It is necessary to identify problems that negatively affect the quality of training of police officers and identify possible ways to increase the level of training of employees of internal affairs bodies for preventive actions when protecting against attacks by offenders. Conclusions: as a result of the theoretical study, it can be stated that it is the high level of physical fitness that determines the level of training of employees of the internal affairs bodies for preventive actions when protecting against the blows of offenders. The development and implementation of new methods, tools of physical training will significantly increase the efficiency of the internal affairs bodies. A high level of mastery of combat techniques will increase the level of safety of employees in the performance of their professional duties.
Gaps in Russian Legislation. 2022;15(5):27-31
pages 27-31 views

Physical Training of Department of Internal Affairs Staff as a Factor of Increasing the Efficiency of the Fight Against Crime

Kodzokov A.

Аннотация

In this article, we studied the impact of the physical training of police officers on the performance of their official tasks and the fight against crime. We studied methods for improving the physical training of police officers, as well as the need to study the methods of struggle and forceful detention of criminals. It was established that an important role in physical training is played by the training of police officers in hand-to-hand combat, wrestling and forceful detention of offenders. Each employee must have the ability, if necessary, to resort to the use of brute physical force and prevent the commission of a crime, as well as to possess the skills of forceful detention of the offender. If, in the process of education and training of police officers, attention is not paid to their physical indicators and the ability to use the skills of fighting and combat, this can directly affect the resolution of cases and bringing the perpetrators to justice. When detaining an offender, there is a high probability that he will comply with the legal requirement of an authorized person, and will also resist detention and arrest. In such a situation, the officer must, first of all, adequately assess the situation, the psychological and mental state of the offender. He may be in a state of alcoholic or drug intoxication and thereby pose a threat to the life and health of the employee and surrounding civilians. Also, the offender may be armed with a knife, firearms or other items with which he can cause significant damage to the health of employees during detention. Both male and female employees need to develop self-confidence, their strengths and skills in forceful detention, as well as the absence of fear of pain or injury. Each of them must be aware that no matter how the operational situation unfolds, the offender must be arrested in order to bring him to justice. Otherwise, the criminal will go unpunished, and the feeling of impunity will push him to commit more serious crimes.
Gaps in Russian Legislation. 2022;15(5):32-36
pages 32-36 views

Training of Employees of the Internal Affairs in the Tactical Basis of the Use of Physical Force Based on the Use of a Situational Approach

Nagoev R.

Аннотация

The purpose of this study is to study the influence of the situational approach on the formation of employees' skills in the use of physical force. Tactical and technical readiness contributes to the competent use of physical force and the implementation of any technique. The performance of service and the performance of professional duty occurs in situations of risk to the life of an employee. Moreover, such situations are formed very unexpectedly and spontaneously. The only thing an employee can rely on is only his own reaction, speed of thinking and physical fitness. It has been established that the potential of situational training contributes to the effective development of the necessary professional skills. This method allows employees to develop analytical skills, evaluate the alternative, choose the best option, draw up a plan according to it and act according to the planned tasks. So, when using it, employees reinforce precisely those qualities that contribute to the successful solution of the tasks of the service. In the classroom, in order to avoid interference in the implementation of a particular technique and to consolidate the effectiveness of training, the qualities being worked out are subjected to careful analysis and discussion. The main focus of training is the plot orientation, when the student acts both as a law enforcement officer and as an adversary. At each subsequent lesson, situations become more complicated with a simultaneous change in their sequence. At the end of each lesson, a portfolio is formed for each employee indicating the mastered and unmetered professional competencies. The result of mastering the situational approach is the ability of an employee to enter the situation in the shortest possible time, analyze it and use its components to successfully solve the combat mission. Also, in the process of training, such personal qualities as courage, determination, initiative and resourcefulness are brought up. Thus, the main aspect of situational training is the formation of employees' skills to quickly adapt to an extreme situation and analytical skills, which together will provide the optimal solution to the problem.
Gaps in Russian Legislation. 2022;15(5):37-41
pages 37-41 views

Physical Training as a Means of Forming the Psychological Readiness of the Department of Internal Affairs Employees to Combat with the Offender

Tkhazeplov R.

Аннотация

The purpose of this study is to study the role of physical training in countering the offender, as well as the psychological aspect of such training, its particular importance and indispensability. Psychological readiness refers to the readiness of an employee on a psychological level to engage in battle, to be defeated and endure the pain that an offender can inflict on him. It is not possible to develop such skills by physical activity and training alone. That is why in the training process of hand-to-hand combat, first of all, the correct technique for performing strikes and wrestling techniques is set, and after the employee acquires the correct technique, he is allowed to sparring. It has been established that independent physical training is of particular importance in the process of training police officers, which, although it implies the manifestation of their own initiative on the part of employees, the role of the teacher in this process is very large, since the basis of self-training is individual and group consultations. During the period when the initial motor skills begin to form among employees, the participation of a teacher (class leader) is necessary, since only he can prevent technical errors when performing exercises. In subsequent periods, when a stable skill of performing a motor act is formed, its improvement is allowed already within the framework of independent training without the participation of a teacher. It is concluded that the purpose of the training is to develop a lack of fear among police officers when engaging in combat with an unarmed or armed offender. It is the psychological training of employees that enhances the skills they have acquired to deal with the offender.
Gaps in Russian Legislation. 2022;15(5):42-46
pages 42-46 views

Methodology of Forming Special Motor Skills and Abilities in the Process of Physical Training of Police Officers

Bauaev S.

Аннотация

The purpose of this study is to investigate the methodology of forming special motor skills and abilities in the process of physical training of employees of internal affairs bodies of the Russian Federation through the selection of directed exercises. Special motor skills and abilities are necessary for making arrests, following and suppressing illegal actions. These qualities are developed in the process of physical training of students and their improvement should be achieved in a short period of training. This is a time-consuming process and depends on the coordinated work of the instructor and the trainee. The staff member needs to be fully committed to the physical training process, following all of the instructor's instructions. The primary objective of the physical training of the trainees is to provide them with concentrated knowledge and skills that will help them perform their jobs. Regarding the organization of physical training of IAB employees, it should be noted that it is strictly regulated by the Order № 450 dated July 1, 2017, the text of which enshrines all the requirements for the training process. Also in the text of the order there are all the exercises and fighting techniques required to be mastered by IAB employees, the methodology of their performance. Characterizing special motor skills of IAB employees, it should be noted that the effectiveness of practical activities depends on their level. In recent years, the requirements for physical training have been increasing, and more training time should be spent on satisfying them than is regulated by departmental standards and directives. This is the reason for the insufficient level of physical training demonstrated by IAB employees, and its inconsistency with the requirements of the service objectives. In this regard, it is necessary to introduce innovative methods of training in the educational process, which do not require the expenditure of excessive time resources. It has been established that in the modern realities of the shortage of highly qualified personnel, the development of a new methodology will be a more effective solution to the problem that has arisen.
Gaps in Russian Legislation. 2022;15(5):47-51
pages 47-51 views

Training of Employees of Internal Affairs Bodies to Suppress Encroachments on Their Life and Health by Offenders - Preventive Actions and the Basics of Shock Equipment

Yaroslavsky M.

Аннотация

The purpose of this study is to study the role and ways of improving preemptive actions in protecting against offender strikes. Exercises have been proposed that have repeatedly proven their effectiveness in the implementation of preemptive actions from strikes, both unarmed and armed with a knife or a heavy object of the offender. The service of police officers takes place in the conditions of increasing requirements for their professional preparedness. At the same time, there are conflict situations that threaten the health and life of an employee, when the offender is actively resisting, sometimes even armed. Therefore, in order to avoid damage to their health and life, employees must master the ability to perform preventive actions when protecting themselves from the blows of the offender. Proactive actions by police officers are used to prevent the aggressive behavior of the offender. Situations necessitating the implementation of proactive actions are usually document checks, body searches, searches of vehicles, etc. In a critical situation, before applying a preventive action, the appropriate action of the employee will be to distract the offender: negotiating, throwing objects, shouting, distracting with a glance, etc. as well as their training on live targets, which can be carried out both in the process of performing one specific technique on a non-resisting assistant, and during a training fight (sparring). It has been established that working in pairs is the most effective and consists in the fact that this process is as close as possible to a real battle. The task of each of the sparring is to use all the allowed and available preemptive actions in his arsenal in order to win, and also to understand how well he owns this or that technique, which of the techniques are better and can be used by him practically when defending from the blows of the offender. The task of the teacher during sparring is to help both fighters and correct their shortcomings with various tips.
Gaps in Russian Legislation. 2022;15(5):52-56
pages 52-56 views

The Role of Sambo in Professional and Applied Physical Training of Students of Educational Organizations of the Ministry of Internal Affairs of the Russian Federation

Knyazev K.

Аннотация

The purpose of this study is to study the role of combat sambo in the process of professional-applied physical training of students of educational organizations of the Ministry of Internal Affairs of Russia. Sambo differs from all types of wrestling in that it combines many techniques of each of these sports and simplifies the learning process. Sambo is an abbreviation for "unarmed self-defense" and involves training an employee in various self-defense techniques against both armed and unarmed opponents. The arsenal of Sambo techniques consists of throwing techniques, suffocating and painful techniques, holding techniques. Thanks to such a large number of different techniques, sambo is an ideal martial art. Given the constant growth of crime in the country, law enforcement officers face a wide range of tasks to suppress criminal activity and prevent the commission of crimes. The continuous fight against crime puts a heavy burden on employees of various departments, and the level of their physical fitness directly affects the quality of their work in an environment of shortage of qualified personnel. Therefore, the teachers of physical training departments are faced with the task in the process of teaching students to achieve a certain level of physical fitness, to form stable skills in the use of combat fighting techniques, as well as in detaining and prosecuting offenders. In this case, sambo is one of the optimal solutions to the problem. The unpopularity factor of Sambo has a negative impact on its use in the training process of students. Today, most of the teachers do not have a sufficient level of knowledge in the field of sambo, hence it is impossible to talk about its effectiveness, since in the educational and training process many prefer hand-to-hand combat or other types of martial arts. In connection with the foregoing, we consider it expedient to deepen the knowledge of teachers in the field of SAMBO in order to be able to teach its techniques to students of educational organizations of the Ministry of Internal Affairs of Russia.
Gaps in Russian Legislation. 2022;15(5):57-61
pages 57-61 views

Formation of Tactical Thinking Among Police Officers in the Process of Learning the Skills of Combat Fighting Techniques

Kardanov A.

Аннотация

The purpose of this study is to study the ways of formation of tactical thinking in the process of teaching the skills of combat techniques of combat of police officers. Tactical thinking is based on the ability to analyze the constantly changing environment around and make an unmistakable decision, since an incorrectly made decision entails negative consequences. The formation of tactical thinking among police officers occurs in the process of studying and practicing combat techniques of struggle. Tactical thinking, formed during a fight or struggle, is based on an assessment of the opponent's actions and the choice of the moment to deliver one's blow or hold. Given the danger of the work of police officers, the formation of tactical thinking in them will help them continue to perform their tasks in extreme situations. However, the formation of tactical thinking requires a lot of time, in order to teach an employee to continue his thought process during a fight with an offender, he must have extensive experience in combat. The process of training employees in combat and wrestling techniques includes the study of techniques for performing techniques, as well as their training on various layouts and live targets. While practicing a specific technique, the employee is faced with the task of learning how to use the acquired knowledge in practice, and also learn how to use this technique against the offender. They need to understand why this or that technique is used, and how it can be useful during the service. Then the process of remembering the execution of the reception will be much faster. It has been established that the importance of tactical thinking for an internal affairs officer cannot be overestimated, since the life and health of both the law enforcement officer and civilians depend on the acquired quality. Tactical thinking increases the speed, distinctiveness, initiative, courage and orientation of employees in the current situation of confrontation with the offender.
Gaps in Russian Legislation. 2022;15(5):62-66
pages 62-66 views

On Some Issues of Qualification of Crimes of a Terrorist Nature

Taova L.

Аннотация

The purpose of this work was to study the problems of qualification of crimes of a terrorist nature. Since there is a clear surge in terrorist activity today, this aspect becomes especially relevant. There is not a single country in the world that has not faced the problem of terrorism at least once. Even the most developed of them are forced to take measures to counteract these crimes. Russia, like no one else, felt the full weight of these acts, so in 2006 a new law "On countering terrorism" was adopted, which was significantly updated compared to its predecessor, that is, expanded and tightened. The objectives of the study are to analyze the problems of qualification of crimes of a terrorist nature. So, the author highlights the most common of them. The problem of competition of legal norms and explanations of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Supreme Court of the Russian Federation) is raised. Examples of controversial qualifications are given, such as, for example, justification of terrorism. The author also pays attention to the issue of the need to explain to citizens the essence of some legal norms, and the consequences for their violation, in particular, in relation to calls to educational institutions with a message about mining. The problem of the "finality" of the crime is also touched upon, that is, from what moment, criminal penalties can be applied to a person. Conclusions: The author points out the need to eliminate gaps in legislation as soon as possible, in order to eliminate the problems of qualification of terrorist crimes as soon as possible, namely, to formulate the concept of terrorist crimes as soon as possible, to try to eliminate competition of legal norms, that is, in fact, "duplication" of punishment for the same thing in different articles of the Criminal Code of the Russian Federation. The author emphasizes the need to conduct explanatory work with young people about the consequences of radical statements, "likes" to terrorist appeals on the Internet, justification of terrorism and the like, all this can be regarded by the legislator as assistance to terrorist organizations.
Gaps in Russian Legislation. 2022;15(5):67-71
pages 67-71 views

Problems of Qualification of Mercenary Crimes of a Terrorist Nature

Kharaev A., Pakhomov A.

Аннотация

Terrorist activity quite often has mercenary motives, since the development of the corresponding criminal organizations requires constant material support. In this context, of significant interest is the commission by representatives of terrorist organizations of criminal acts, which, according to Russian criminal law, are qualified as independent acts. Crimes such as kidnapping and hostage-taking, which are very common in the activities of terrorist organizations, are of significant interest within the framework of the stated problems. In legal science, these acts are usually considered as mercenary crimes of a terrorist nature, since their commission in practice is often accompanied by material demands on the part of criminals. The purpose of the present study is to analyze the existing problems of qualifying mercenary crimes of a terrorist nature. The author comes to the conclusion that, on the one hand, kidnapping and hostage-taking are outwardly very similar crimes, and on the other hand, each of these criminal acts is an independent crime, which has very specific features. Attention is focused on certain criteria that make it possible to distinguish between the above-mentioned crimes, which are subject to precise determination in the process of qualifying the above-mentioned crimes. As a promising direction for improving the current criminal legislation, a detailed regulation of the content characteristics of kidnapping and hostage-taking is singled out, which will help resolve problems that arise when qualifying these related acts.
Gaps in Russian Legislation. 2022;15(5):72-76
pages 72-76 views

The Role of Modern Information Tools in Countering the Spread of Terrorist Threats

Shogenov T.

Аннотация

The article discusses the current problems of countering terrorist threats, which in the process of globalization and informatization of society have moved into the network space and have become a consequence of such a phenomenon as cyberterrorism. The problem of computer terrorism in the global network is of concern to the entire world community, as this phenomenon threatens the security of many countries and their citizens more and more every year, bringing enormous political, economic and moral losses, exerting pronounced psychological pressure on large masses of people. By adopting modern information technologies, criminals become less vulnerable to law enforcement agencies. Many resources of the global network (websites, blogs, news feeds) aimed at the Russian target audience are physically and legally located outside the Russian Federation, which makes it difficult to block and delete illegal content. The global information space is actively used by terrorist organizations as a platform for promoting radical ideas, inciting ethnic and interreligious intolerance, recruiting new members, collecting information about the alleged goals and objects of blackmail, psychological terrorism. It can be said that terrorism in the global information space has become an alternative to traditional terrorist acts for many reasons. The author notes the need for international cooperation in the legal regulation of the global information space, as well as effective interaction and cooperation with law enforcement agencies and special services of foreign states, in the suppression of transnational computer crime. The analysis of the use of Internet resources for terrorist purposes and various psychological methods of influence used by terrorists aimed at inciting hatred and intolerance on the basis of national and religious affiliation or enmity was carried out. The methods of hacker attacks on the management systems of critical state infrastructures, including life support facilities, industry and defense, are considered. Descriptive and comparative methods, statistical and bibliometric methods were used to conduct the study. The results of the study can be used to prepare scientific papers, conduct further research in this area and practical application of the analysis in order to increase the effectiveness of countering terrorist threats in the Internet space.
Gaps in Russian Legislation. 2022;15(5):77-81
pages 77-81 views

Some Features of Cognitive Impact in the Framework of Preventive Conversations with Youth to Prevent Extremism

Mashekuasheva M.

Аннотация

Problems and activity directions of extremism and terrorism prevention in modern society remain topical. Within the framework of prevention of this destructive phenomenon especially among the youth, it is necessary to systematize the main factors contributing to formation of extremist attitudes among young people and determine the main objectives to be achieved within preventive conversations in the mentioned direction. The indicated problems reveal the necessity of systematization of all available types of information support for extremism prevention as well as the tasks to be solved in the process of its implementation. Methods. During the research on stated issue the author used the following generally accepted scientific methods: analysis and summarization of scientific publications, devoted to activity of state authorities and local self-government bodies within preventive measures for prevention of extremist moods. Results of the study. The levels of extremism prevention were examined. Under the influence of social, political, economic and other factors most susceptible to destructive influences, radical views and beliefs are more easily formed among the youth. The reasons why young citizens join the ranks of extremist and terrorist organizations, and why destructive forces actively use Russian youth in their political interests are indicated. Conclusion. It is concluded that the youth environment due to its social characteristics and acuteness of the perception of the environment is the part of society with the most rapid accumulation and realization of negative protest potential. Preventive conversations in the framework of preventing and suppressing the above-mentioned destructive phenomena in modern society as extremism should be led by the specialists possessing high psychological and pedagogical potential. They don't know the methods of ethnic and social tolerance formation which defines the degree of attitude of a person to other nationalities, their culture and traditions.
Gaps in Russian Legislation. 2022;15(5):82-86
pages 82-86 views

Values as a Factor in Countering Extremism and Terrorism

Kochesokova Z.

Аннотация

Introduction. Pluralism, tolerance and loyalty of the global world order permeate subcultures and moral systems. In the universal diversity and contradictions of moral evaluations, several epicenters of solidarity persist, among them the state of crime. Methods. During the research on the declared subject the author used the following generally accepted scientific methods: analysis and summarizing of scientific publications, devoted to the activity of state authorities and local self-government bodies within the framework of preventive measures for prevention of extremist sentiments. Results of the study. The levels of extremism prevention were examined. Under the influence of social, political, economic and other factors most susceptible to destructive influences, radical views and beliefs are more easily formed among the youth. The reasons why young citizens join the ranks of extremist and terrorist organizations and why destructive forces actively use Russian youth in their political interests are indicated. Conclusions. The universal negative moral assessment of crime is expressed everywhere, the crimes are identified with the absolute world evil. Humanity is indeed actively unanimous in its negative assessment of all kinds of crime. In our opinion exactly this moral potential should be involved in the activity of the employees of law-enforcement bodies within the framework of counteraction to extremism and terrorism.
Gaps in Russian Legislation. 2022;15(5):87-90
pages 87-90 views

On The Impact of Cyberterrorism on the National Security of the Russian Federation in Modern Conditions

Zhukov A.

Аннотация

The article examines the impact of cyberterrorism on the national security of the Russian Federation in modern conditions. Issues of ensuring national security in difficult geopolitical conditions are one of the highest priorities in the framework of the state policy of the Russian Federation. The development of information technologies is the most important condition for the development of a modern state, however, in addition to positive trends, we also observe a number of negative consequences. One of these consequences is the emergence of a new form of terrorism - information terrorism (cyberterrorism). Information terrorism is a problem not only of a local scale, but to a greater extent is of a global nature. In many ways, it is the global nature of this crime, the lack of geographical boundaries that complicate the fight against cyberterrorism. An effective fight against information terrorism cannot be carried out by a separate state. It is for this reason that active cooperation is needed to solve this problem of all countries. The impact of cyber threats on the national security of the state is obvious, since the actions of terrorists are aimed at destabilizing the political and economic situation in the country. The objectives of the study are to assess the impact of information terrorism on the level of national security of the state. An assessment of the prospects for combating cyberterrorism is also important, especially in terms of determining the vectors for the implementation of the fight. An analysis of possible scenarios for the development of the situation in the fight against cyberterrorism will make it possible to determine the list of the most effective methods of combating information terrorism.Conclusions: The ongoing programs for the digitalization of all spheres of life of society increase the degree of influence of cyberterrorism on the national security of the Russian Federation. The effectiveness of the fight against information terrorism depends on a number of factors: the level of cooperation with other countries and international organizations; the level of legislative regulation; development of scientific research in the field of information security; training of high-level specialists in the field of information security. Only the complex application of all these measures will reduce the level of crimes of this level and the degree of their impact on the national security of the Russian Federation.
Gaps in Russian Legislation. 2022;15(5):91-95
pages 91-95 views

Terrorist Financing: Criminal Law Definition

Fakov A.

Аннотация

The purpose of this study was to study the criminal law definition enshrined in domestic legislation indicating the financing of terrorism, which is incorrect from a criminal law point of view, since specific criminal activities of a terrorist nature are subject to financing, i.e. various specific criminal acts that constitute the "practice of terrorism" and not the "ideology of terrorism". The content of the definition of terrorist financing should correspond to the essence of this specific type of criminal activity. The very same ideology of violence and adherence to it are not criminally punishable. In turn, funding can be directed not to the ideology of terrorism, but to specific activities for the formation and dissemination of this ideology, as well as to specific ideologically motivated criminal activities. In accordance with this, the Criminal Code of the Russian Federation provides for criminal liability, in particular, for public calls to carry out terrorist activities, public justification of terrorism or propaganda of terrorism. Thus, the indication in the Criminal Code of the Russian Federation of criminally punishable "terrorism" is inappropriate, it is necessary to talk about criminally punishable terrorist activities, including, among other things, criminal acts and the spread of the ideology of terrorism. The objectives of the study are to study the features of countering terrorism, which has a constant development not only of domestic mechanisms for combating these criminal acts, but also taking into account the globalization processes taking place in the modern world. An obligatory element of the anti-terrorist policy of the Russian state has become the organization of effective international cooperation on the stated issues. Conclusions: The allocation of individual countermeasures also seems inappropriate, since in this case the criteria for their effectiveness are fragmentarily taken into account. Thus, at present, the anti-terrorist policy is a very effective means of combating terrorism in Russia, since its implementation uses an integrated approach to organizing and implementing measures to counter this criminal act.
Gaps in Russian Legislation. 2022;15(5):96-100
pages 96-100 views

Topical Issues of Extremism Prevention in Educational Organizations

Mazdogova Z.

Аннотация

Introduction. In this article author emphasizes of terrorism phenomenon causing dangers to Russian Federation’s national safety. Numerous terrorist organizations strive to extend their criminal convictions to everybody and also strive to cripple the consciousness of Russian young people. They constantly invent new forms of involvement in terrorist activities, using all possible technological achievements. Young terrorists’ needs are fulfilled symbolically except for physical ones, wreaking psychopathological aggression & obtaining «spiritual leader». That is why author considers pedagogical countering the terrorism ideology to be the best solution. Theoretical basis. Methods. In this article author studies pedagogical countering the terrorism ideology. Author disclosed this topical subject, using few scientific methods. Author applied theoretical method: analysis of pedagogical and psychological literature. The method of generalization was used to research and evaluate. Results. Pedagogical problems include spiritual, patriotic, cultural, educational upbringing. Educated young person is socially adapted, thinks critically, therefore is protected from manipulation. Conclusion. Deduction is made that pedagogic ways to counter the criminal ideology of terrorism is of great significance for the future of our state.
Gaps in Russian Legislation. 2022;15(5):101-104
pages 101-104 views

Countering the Spread of Radical Ideologies in Social Media

Abazov I.

Аннотация

The purpose of this study is to examine the destructive influence of social media on today's youth. It has been established that the Internet, on the one hand, although in many ways facilitates the daily life of people, at the same time it is a platform for broadcasting negative phenomena in society. The objectives of the study are to analyze the possibilities of social media, where recruiters to destructive ideologies carry out their activities. Social media facilitate the unhindered exchange of information under conditions of complete anonymity, both the recruiters and the users of the resources. At the same time, the subjects of this connection can be as far away from each other as they want. It was found that mainly adherents of destructive groups become candidates with unrealized needs: in domination (to express leadership positions); in internal security; in confirmation of their own values; in understanding, sympathy and mutual understanding. Conclusions: The study was able to establish the reasons for the involvement of young people in radical groups and formations, as well as to summarize the stages of such involvement. We also found that the recruiters most often have nothing to do with radical ideology, and their activities are aimed solely at obtaining financial remuneration. They conduct their activities in online communities through the technology of "online recruiting", the effect of which is aimed at involving the object of recruitment in various discussions, so that on a subconscious level they develop an approval of illegal actions and radical views. Subsequently, after psychological processing, recruiters redirect the candidate to another information resource (website, blog, forum, chat room) in order to establish even closer contact and begin discussing prospective cooperation.
Gaps in Russian Legislation. 2022;15(5):105-109
pages 105-109 views

Topical Issues of Terrorism Prevention Among Youth

Lyuev T.

Аннотация

Improving measures to prevent terrorist crimes among young people is one of the main directions of domestic policy in the Russian Federation. The introduction of extremism into the youth environment has become widespread and has dangerous consequences for the well-being of the country. With the development of technology and communications, terrorism has the potential to spread widely around the world. The development of mobile phones, the internet and social media has enabled terrorist organisations to communicate quickly and effectively, both within their own circles and as an opportunity for new ways to recruit young people. Modern means of communication, including the Internet, play a key role today in the process of finalizing the formation of extremism. It is the Internet that is becoming a kind of platform for uniting young people with similar interests and views on a particular issue. The purpose of the study lies in the factors of extremism emergence, analysis of measures taken by the legislator to prevent the development of terrorism and extremism among young people, development of proposals to prevent the spread of these phenomena among young people. The author proposes a set of measures to combat extremism which would be the basis for creation of the ways to optimize the mechanism of interaction between subjects of prevention of extremism among young people at the regional level.
Gaps in Russian Legislation. 2022;15(5):110-114
pages 110-114 views

Countering the Spread of Extremism and Terrorism Ideology in Prisons

Ordokov M., Kazachenko A.

Аннотация

The purpose of this study was to study the spread of extremist and terrorist ideologies in places of deprivation of liberty and measures to counter these phenomena. Terrorists and extremists, once in places of deprivation of liberty, as a rule, do not depart from their terrorist or extremist ideology, and throughout the time that they are serving a prison term, they continue to spread their views among other prisoners. Most of them become public figures in order to be able to spread their ideology and recruit new members to terrorist and extremist organizations. An aggravating factor in the fight against the spread of terrorist and extremist ideology in places of deprivation of liberty is the hostility of those serving sentences to the administration of the correctional institution. However, in order to fight the spread of ideology, it is necessary to fight the terrorists themselves through their re-education and re-socialization. The purpose of correctional institutions is to provide psychological assistance to criminals and their correct re-education, so that after serving their sentence and being released, they no longer commit crimes and do not end up in prison again. To ensure this, it is necessary that in the process of serving a sentence, educational work is carried out with each prisoner, aimed at instilling in them the right values and goals in life. It is the duty of the prison administration to motivate terrorists to work on themselves, get education and various skills that can be used to earn a living after returning to freedom. However, in correctional institutions such work is carried out in very rare cases, and the administration simply hopes that the prisoners themselves realize their mistake, correct it themselves, and re-educate themselves. The strategy is fundamentally wrong and unviable, since the very name of these institutions contains the word "correctional", which implies certain efforts in this direction.
Gaps in Russian Legislation. 2022;15(5):115-119
pages 115-119 views

Socio-Economic Determinants of Terrorism as a Threat to Society and the State

Makoeva E.

Аннотация

In the introduction, the author of the article talks about the realities of the modern universe. In particular, the fact that in the modern world humanity faces a number of major global problems, the solution of which depends on its continued existence. And one of these problems is terrorism, which, as a socio-political phenomenon, is not an invention of the last century: since ancient times, people have used this deterrent to put pressure on society and the state. However, the growth of the scale of terrorist acts and the globalization of the threat of terrorism in the XX-XXI centuries. compelled to arouse the alarm of the whole world. The main part of the article provides statistical data on terrorism, which make it possible to notice an improvement in the situation in recent years. In the course of analyzing the problem, it becomes clear that the difficulty of combating the terrorist threat lies in the fact that no international organization and no state can achieve success alone. Thus, in the main part, the conclusion is made that concerted and coordinated actions of the entire world community and each of its individual members are needed to combat terrorism. The paper emphasizes that the strategy to combat terrorism must change and adapt to new realities, as the terrorist threat evolves. Among other things, the focus is on the situation with the COVID-19 pandemic, which has changed almost every facet of human life around the world. In his work, the author traces the connection between the emergence of a terrorist threat and other problems facing humanity in the 21st century, namely hunger, poverty, unemployment, lack of legal protection and social guarantees, regional conflicts, intolerance - these are the reasons that push people, especially the younger generation, into the arms of terrorists. Therefore, reducing the threat of terrorism is directly related to the solution of deeper problems. In conclusion, the author concludes that only the joint activities of civil society, international and non-governmental organizations can have an effective impact on solving the problem of terrorism and will create a society in which the security of citizens and sustainable development will not be threatened
Gaps in Russian Legislation. 2022;15(5):120-123
pages 120-123 views

On Some Problems of Improving the Criminal Legislation of the Russian Federation in Relation to Countering Terrorism and Extremism

Kanokova L.

Аннотация

The purpose of this research is the study of some gaps and shortcomings of the criminal legislation of the Russian Federation in relation to countering terrorism and extremism, and indicating the problem of the correct qualification of some crimes related to the studied phenomena, as well as the terminology used. The objectives of the study are the need to revise some of the punitive measures, and tighten them specifically in relation to crimes of a terrorist nature; it is indicated that it is important to understand the distinction between some concepts that are close at first glance, for example, terrorism as a broader concept and a terrorist act as one of the phenomena of terrorism, terrorist community and terrorist organization, distinguish between the concepts of extremist and terrorist activities, and most importantly, clearly distinguish between the phenomena of extremism and terrorism, since these phenomena complement each other and usually exist simultaneously. Conclusions: Extremism is a broader concept than terrorism, its determining factor is the motive, which can be associated with both religious and political aspects. The main thing is to determine the target for inciting intolerance and discord. Therefore, a significant gap in the legislation of the Russian Federation is the lack of classification of crimes of an extremist nature and the insufficient differentiation of their compositions. Since terrorism and extremism are two concepts that practically do not occur one without the other, their interrelation and complementarity is obvious. The problems of qualification of crimes are also indicated. Here are a few of them. Thus, the question of how to qualify a crime, separately for specific articles or for their totality, raises controversy. In this regard, the question of applying the correct judicial and investigative practice is raised, since, for example, classifying certain organizations as extremist or terrorist causes a wave of protests, as in the case of recognizing the extremist ‘Jehovah's Witnesses’ and the terrorist ‘Hizb ut-Tahrir’, whose representatives have not yet recognized the court’s decision as legal, but nevertheless are serving real terms in prison. The difficulty in this case is the fact that all members of such organizations become criminals, even those who really, in their minds, did not think about the occupation of illegal activities.
Gaps in Russian Legislation. 2022;15(5):124-128
pages 124-128 views

Topical Issues of Countering Juvenile Terrorism in the Russian Federation

Pkhitikov R.

Аннотация

The study of the emergence of juvenile terrorism, as well as ways to counter it at the present stage, is an urgent measure to prevent "young" crime. It has been established that the Internet has been increasingly radicalized in recent years, a large number of teenagers and young people are involved in this ideology, and the lack of complex planning in the implementation of terrorist attacks allows almost everyone to take part in them. The objective of this study is to analyze teenage terrorism, which is characterized by a fundamentally new structure and approach. If in the recent past terrorists could be tracked in the network by belonging to a specific terrorist cell that gives orders for action, and subsequently identify various elements of the same chain, then modern terrorists act as "lone wolves" who do not obey anyone's orders and do not belong to any or a terrorist organization or group. An aggravating circumstance is that the random factors of terrorist actions are, on the one hand, statistically predictable, and on the other, individually unpredictable, and thus, “stochastic terrorism” is evident. In practice, the following happens: the activities of “lone wolves” who commit illegal acts with the aim of deliberately inciting violence of one factor are widely publicized, that is why this category of criminals has a sense of confidence in their actions. It has been established that prevention remains the main aspect of countering the terrorist threat. As the main principles of building anti-terrorist preventive work, it should be noted the expediency and targeting of measures, the performers of which are charged with the obligation to ensure their targeted implementation in the context of the implementation of the prevention of the involvement of a teenage audience in terrorist organizations. The fight against juvenile terrorism requires the same attention as with other forms and varieties of its manifestation. In this situation, it is necessary to put at the forefront the fact that the factors of such crimes are a psychologically vulnerable socio-demographic group, the future of the country - teenagers.
Gaps in Russian Legislation. 2022;15(5):129-133
pages 129-133 views

The Relationship of Organized Crime with International Terrorism and Extremist Groups

Gedgafov M.

Аннотация

The purpose of this study was to examine the activities of international extremist and terrorist organizations in relation to organized crime. International extremism and terrorism are constantly expanding their boundaries by recruiting new members ready to commit terrorist acts. Terrorism and extremism, as one of the high-profile and violent transnational crimes, tend to spread globally. Their ranks are constantly being swollen by active participants who freely supply international extremist and terrorist organizations with weapons, ammunition, explosives, vehicles and equipment, as well as the necessary documents, recruiters and accomplices who finance large-scale and major terrorist operations. The research objectives are to analyze the reasons favoring the formation of complex network structures of organized crime with the involvement of extremists and terrorists in its ranks. The factors of growth of interconnection of organized crime with international extremist and terrorist groups are analyzed. The militants, who passed combat and special training and returned home from combat operations zone, pose a special danger as they create new local terrorist cells via social networks, provoke interethnic and religious conflicts, popularize the ideology of violence among the youth. It has been established that today there is a need to develop a well-thought-out system of interaction with foreign law enforcement agencies to effectively counteract these phenomena. The global and destructive nature of terrorism and extremism ideology, the eradication of which is a priority task for the world community. Criminal activity of international extremist and terrorist organizations involves not only specific perpetrators and their accomplices, but the whole social groups of ethnic, religious and political coloration, pursuing various goals. The world, faced with the aggression of international terrorism, should improve international anti-terrorist legislation, strengthen preventive and suppressive measures, and toughen responsibility for organized extremist and terrorist activity through the joint efforts of states.
Gaps in Russian Legislation. 2022;15(5):134-138
pages 134-138 views

The Main Activities of Operational Units of Internal Affairs Bodies to Detect and Prevent Cybercrime Related to Extremist Activity

Tambiev S., Teunaev A.

Аннотация

The purpose of this study was to examine the factors that cause the spread of extremism (the stratification of society according to political, economic, religious, nationalist and other views, resulting in conflicts) and the transfer of its propaganda in cyberspace. The main directions of law enforcement bodies' activities in counteracting cybercrime with extremist content were studied. The objectives of the study are to explore the possibilities of cyber technologies, through the use of which the extremists gained another tool for attracting neophytes into their activities. We found that the emissaries of extremism prefer non-contact methods of interaction, as the network capabilities allow them to remain anonymous; the emergence of Internet ideology, which is fought by extremist organizations, in order to promote their ideology to as many users as possible. The latent nature of these crimes is an incentive to their increase. All the above mentioned clearly indicates that providing security of cyberspace requires combining efforts of state authorities in sphere of combating extremism. Conclusions: The solution to the mentioned problem lies in blocking websites with extremist content. However, law enforcement officers point out inconsistency in identifying materials with extremist content before banning them. In this case, this list tends to constantly expand. As a result, the banned content "walks" freely on the Internet and may be easily found by any user and posted on social networks, messengers, etc. This measure, in our opinion, is not entirely feasible, and is also economically costly, because too many people and funds are involved in fighting something that cannot be completely eradicated. Cyber security requires new approaches. In particular, it is necessary to create new structures in law enforcement agencies, i.e. to have two police, one of which will fight, as before, against real crime, and the other, specially trained for that - against virtual crime.
Gaps in Russian Legislation. 2022;15(5):139-143
pages 139-143 views

The Impact of Digitalization Process on the Extremist Ideology Transformation

Cherkesov A.

Аннотация

The purpose of this study was to study the impact of digitalization on the growth of extremist ideology and the crimes committed by its adherents. Extremist organizations saw in digitalization the broadest opportunities for the implementation of their activities and began to develop it comprehensively. As a result of the development of the process of digitalization by extremist organizations, attacks on the information storages of corporations and companies around the world have become. In the modern world, every large company and law enforcement agencies of states around the world spend a huge amount of money on a security system from hackers and extremist organizations. In the context of widespread digitalization, extremist organizations can now spread chaos and strike at the economies of countries remotely, without using an army of fanatics for this. If earlier, in order to achieve their goals, extremists dealt direct blows to the state, by committing terrorist attacks, today they need one skilled hacker and a personal computer to destabilize the situation. Extremist organizations do not spend practically any money for this, and as a result of their actions, corporations, banks and individuals lose huge financial and information resources. The priority targets of the extremists are the largest multinational companies and the largest banks in the world, which make huge annual turnovers of funds, and also have information about their subsidiaries and major partners. Naturally, attacking one large transnational company, many small and medium-sized companies cooperating with it fall under attack. It has been established that the process of digitalization has affected modern society both positively and negatively. On the one hand, it has facilitated the work of many companies that, using various programs, can save on labor; the process of learning and self-development has become much easier. On the other hand, digital technologies began to be mastered by criminal communities and groups, incl. extremist organizations that have learned to use it for their own purposes.
Gaps in Russian Legislation. 2022;15(5):144-147
pages 144-147 views

The Activities of Investigative Bodies for the Prevention of the Investigation of Terrorist Crimes Among Young People

Zhurtov A.

Аннотация

The purpose of this study is to study the topical issues of countering terrorism, the analysis of crimes committed by minors, their causes and dangers is carried out, while the problems of preventive activities by the bodies of preliminary investigation are highlighted. Of course, in order to combat terrorism, a voluminous set of measures was created aimed at eradicating even the slightest of its manifestations, and one of them is the discussion of criminal case materials in order to influence the heads of enterprises, educational institutions and organizations that do not respond to the investigators' ideas about eliminating the causes and conditions that contributed to the commission of crimes by teenagers. Objectives of the study Speaking about the causes of terrorism, it is possible to identify a whole system of factors that directly affect the appearance and further spread of this criminal act. The investigator should not miss any opportunity to make teenagers aware of the dangers of terrorism for themselves and society. Speaking in a group of teenagers, the investigator, using the example of a committed crime, is obliged to show what harm and grief criminal activity brings to others, how perniciously it affected the fate of the culprit himself. In other words, the purpose of the investigator's speech is to make teenagers think about the social and moral side of the actions of criminals. Conclusions: terrorism is a really serious problem for modern society and especially threatens the younger generation. It is necessary to conduct educational and preventive measures among adolescents to reduce the number of those who have been subjected to terrorist recruitment among them. Such meetings should be carefully prepared, and the administration and representatives of public organizations should be informed in advance of the actual circumstances of the case. Persons whose behavior is being discussed should preferably be given the opportunity to speak in front of their trainees.
Gaps in Russian Legislation. 2022;15(5):148-152
pages 148-152 views

Topical Issues of Crime Prevention by Investigative Units of the Ministry of Internal Affairs of Russia

Tkhazeplov T.

Аннотация

The purpose of this study is the prevention of crimes by investigative units of the Ministry of Internal Affairs of Russia. The prepared representations of investigators about the circumstances that contributed to the commission of the crime are sometimes superficial, informational in nature. They report crimes, but do not provide a deep and complete analysis of the causes and conditions of their commission. Research objectives. It is necessary to identify the circumstances entailing the prevalence and repetition of a certain type of crime in the district, city, region, republic in order to neutralize these processes in a timely manner. An important role in this issue is the introduction of generalized representations and information on groups of homogeneous cases, certain types of crimes in a particular region or branch of economic activity. The article presents views on the topical issue - the prevention of crimes and the elimination of the causes that give rise to them. At the same time, the representations of law enforcement agencies about negative phenomena and their causes, concrete and effective proposals for their elimination are of particular importance in modern conditions. Today it is no longer enough to limit preventive work to establishing the causes of only one specific crime. Conclusions: The article summarizes some results of the study of the interaction of investigative workers with collectives, the public, social networks. Competent and planned work in the field of crime prevention is the key to the formation of a modern right-wing state.
Gaps in Russian Legislation. 2022;15(5):153-156
pages 153-156 views

Information War as Part of Geopolitical Conflict

Karchaeva K.

Аннотация

Оne of the most valuable social resources in the modern world is information. The influence of information on the consciousness and behavior of people is very significant, because through information resources public opinion is formed on topical issues and problems. Together with the mass media, sustainable growth is acquiring the use of modern information technology tools and resources of the Internet. This speeds up and simplifies the process of dissemination and transmission of information, allows you to organize access to various information to an unlimited circle of people around the world. However, the large-scale development of the Internet brings new threats and challenges, creating conditions for the commission of crimes against individual citizens, organizations or states. The relevance of the chosen topic of scientific research is explained by the fact that in the context of the growing aggression of foreign countries, information resources and protection against “information attacks” are a priority for the state. Mass media cover political life, build public opinion and disseminate popular culture. In view of this, the term "information war" entered the scientific and international media circulation, replacing the term "propaganda" that preceded it. Almost all military-political events of the last decades of the 21st century are marked by the widespread use of means and methods of information confrontation, which poses a real threat to the existing model of the world, as well as to the moral and psychological climate in society. The purpose of the research work is to analyze the concept of "information war", as well as to develop proposals for leveling the threats posed by information wars in the context of modern legal realities. The author comes to the conclusion that the information war is part of an armed conflict, in view of this, the ability to navigate the features of modern crisis information and communication interaction, knowledge of the technology of conducting "information wars" will help us control our own information field and information resources of the enemy. This, in turn, will not allow foreign states to manipulate the consciousness and behavior of the civilian population and (or) military personnel with specially prepared information aimed at achieving economic, political, social and military goals.
Gaps in Russian Legislation. 2022;15(5):157-161
pages 157-161 views

Problem Aspects of Preventive Activities Divisions for Minors

Tlupova A.

Аннотация

The main body in the Russian Federation that deals with juvenile affairs is the juvenile department. This unit is a structural unit of the internal affairs bodies and is engaged in the prevention of crime among young people. In this article, the author analyzed the legal framework governing the activities of the unit, preventive activities in relation to minors in the Russian Federation. Prevention, preventive activity acts as a leverage that can prevent delinquency of minors, minimize the level of deviant behavior of minors, the level of crime and delinquency among them. The division for juvenile affairs is engaged in early prevention and reduces administrative, criminal delinquency among minors. According to the statistics provided on the website of the Ministry of Internal Affairs of Russia, the number of crimes in 2021 involving minors decreased by 15.6% compared to 2020, with a decrease in the level of general crime in the Russian Federation in 2021 by 1.9% [8]. In many ways, this is the result and merit of the preventive work carried out by the juvenile departments[9]. Individual prevention with minors has a great impact on minimizing their deviant behavior, protecting the rights and legitimate interests of minors. Many authors have worked on the topic of prevention of illegal behavior of minors. The purpose of writing a research paper is to review the prevention activities carried out by PDN inspectors, in accordance with the Federal Law of June 24, 1999 No. 120-FZ “On the fundamentals of the system for the prevention of neglect and juvenile delinquency”, Order of the Ministry of Internal Affairs of Russia of October 15, 2013 No. 845 “ On approval of the Instructions for organizing the activities of the PDN of the internal affairs bodies of the Russian Federation. The author concluded about the importance of the preventive activities of the PDN in the prevention of deviant behavior of minors, through the implementation of preventive measures for them to commit crimes and offenses. Attention is focused on the need for preventive work in three areas: general, group and individual. Based on the analysis of the regulatory framework governing the activities of the PDN, it is noted the completeness of its legal regulation, the positive result of the preventive activities of inspectors for minors, the combination of psychological, legal and pedagogical principles in the activities of the PDN.
Gaps in Russian Legislation. 2022;15(5):162-165
pages 162-165 views

The Concept of a Criminal Mistake as a Criterion for Determining the Gravity of a Crime

Tokbaev A.

Аннотация

The article considers the definitions of a criminal act, which are proposed by experts in the field of jurisprudence and Russian legislators. It is important to legislate the definition of a criminal act, the need for this action is obvious. The most important function in terms of determining a criminal offense, as a criterion for determining the severity of a crime, belongs to the state. The state acts as a regulator of social relations. The above circumstances explain the emergence of the institution of differentiation of responsibility in jurisprudence. Issues that are related to the concept of criminal law as a factor in determining the severity of a crime provoked a strict distinction between criminal law methods and administrative legal methods. The relevance of this issue is confirmed by the fact that the government did not accept this initiative. One of the proposals also concerned the introduction of a number of additions to the Criminal Code of the Russian Federation, it was proposed to introduce an additional article 15.1 “Criminal misconduct”. This is necessary because it allows you to remove a number of controversial issues. The article regulates in detail the procedure for classifying criminal acts specifically to the category of "criminal misconduct", indicating which acts do not belong to this category. Within the framework of this article, it is determined that such types of offenses as causing intentional harm to health, a money laundering operation, selling alcohol to a person who is prohibited, robberies, as well as reports of false terrorist attacks do not fall into the category of "criminal misdemeanors".However, the Supreme Court made a proposal to classify such criminal acts as theft committed for the first time if the amount is small, fraud on a small scale, causing minor material damage to the category of “criminal misconduct”. The main cause of disputes is precisely the list of assignment of criminal acts to this category. The objectives of the study are to analyze the legal framework in the field of regulation of a criminal offense, to identify problems in terms of the concept of a criminal act as a criterion for determining the severity of a crime. In the course of a theoretical study of clothing, one of the most important tasks is to find out the reasons for the introduction of such a term as "criminal misdemeanor", the analysis of special literature will allow us to determine the prevailing opinions regarding this problem and determine the main trends in the further development of this innovation. Particular attention is paid to the analysis of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 42 “On the submission to the State Duma of the Federal Assembly of the Russian Federation of the draft Federal Law “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in connection with the introduction of the concept of a criminal offense” , which was adopted in 2017. One of this study is precisely to identify the contradictions that law enforcement officers face in practice. An analysis of the implementation in practice of these innovations in the field of criminal law will make it possible to develop a number of recommendations and give an objective assessment of the problem under study.Conclusions: The analysis of the regulatory framework, and in particular the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 42, made it possible to draw a number of important conclusions. So the key goal of adopting the introduction of the concept of "criminal misconduct" is the humanization of criminal law. The humanization of legislation is becoming increasingly important, given the current political, social and legal conditions for the development of society. Achieving this goal seems to be quite realistic. It seems not rational to expand the list of crimes for which the commission of which will be followed by involvement in compulsory and corrective labor, so it will be difficult to determine the boundaries of criminal offenses and crimes. There is no indication in the draft that the commission of a criminal offense does not have consequences in the form of a criminal record. Thus, the achievement of the main goal of this innovation in the form of humanization is possible with the elimination of identified minor inaccuracies.
Gaps in Russian Legislation. 2022;15(5):166-171
pages 166-171 views

Problems of Qualifying Suicide or Facilitation to Suicide in Criminal Law

Sheriyev A., Golyandin N., Zhukova A.

Аннотация

The purpose of this study is the problem of qualifying inclination to suicide and promoting its commission in domestic criminal law, as well as ways to solve these problems. Currently, this topic has a high character of significance for the theory of criminal law and is relevant in the field of practical use. The relevance of the research topic is due to the need to improve and systematize the criminal - legal field in the field of offenses aimed at facilitating and inducing suicide. The objectives of the study are to analyze the problems that arise when qualifying an act that falls under the signs of Article 110.1 of the Criminal Code of the Russian Federation. In this context, difficulties arise in distinguishing a complex single crime, to which Article 110.1 of the Criminal Code of the Russian Federation relates, from a plurality of crimes. The second problem of qualifying this corpus delicti is formed by the competition of norms in the criminal-legal assessment. Since this composition is formed by means of the part and the whole, there is a competition between the norm - the part and the norm - the whole. Conclusions: we found that, in order to eliminate problems in qualifying inclination to suicide or facilitating its commission, it is necessary to distinguish between a single complex crime and plurality by analyzing the components that form a criminal offense, as well as using the General Part of the Criminal Law. Also, when solving the problem of competition of norms, it is necessary to systematize the sanctions provided for by the criminal law and the magnitude of the public danger of the act, while it is necessary to distinguish between the competition of norms and the ideal set of elements of a crime.
Gaps in Russian Legislation. 2022;15(5):172-175
pages 172-175 views

Criminal and Criminological Aspects of Hostage-Taking

Kushkhov R., Nakusov A.

Аннотация

The purpose of this article is to study the criminal and criminological aspects of hostage-taking, understanding their cause-and-effect relationships, goals and motives. By referring to the historical aspects of this phenomenon, we came to the conclusion that if in ancient times these "seizures" served mainly as a guarantee of peace between peoples and countries, today it is an act of intimidation and the imposition of illegal actions in order to fulfill their demands. The objectives of the study are to analyze the problems of hostage-taking, clarify the concept of "hostage-taking", consider the motives and goals of these crimes, as well as the moments of their completion. Today in Russia, this crime falls under Article 206 of the Criminal Code of the Russian Federation. According to this document, the crime is considered completed from the moment of the capture of at least one hostage. The legality or illegality of the demands being made is also important. So, if the conditions for the release of people are intended to "bend" the state power, then this crime clearly falls under Article 206, however, if a person took such a measure in order to draw attention to some problem, then this act will be qualified under another article, for example, arbitrariness. Conclusions: Today hostage-taking is a crime that is classified as terrorist. The reason for such an agreement was the wave of terrorist attacks that swept around the world, with the capture of a large number of people. It should be noted that through joint efforts, despite the isolated cases of such crimes, there has been a noticeable reduction in the number of such crimes. Terrorist attacks involving the capture of civilians are noted mainly in unstable territories, with active military operations. The legislation also provides for cases of avoiding criminal liability for this act. These are cases when hostages are released voluntarily or at the request of the authorities. But the punishment will be avoided only under Article 206, and it will not be possible for others, for example, illegal carrying or possession of weapons. Some legislative flaw, in our opinion, is the omission of the terms for which the hostages were held by the offenders. Since this factor is still essential for many people. Even if people are not physically injured, then moral and psychological trauma is still present. All cases covered in the media are accompanied by reports about the work of psychologists with the released and their relatives.
Gaps in Russian Legislation. 2022;15(5):176-179
pages 176-179 views

The Sanctity of Private Life as an Object of Criminal Legal Protection

Kashirgov A.

Аннотация

At the international and national levels, everyone has the right to sanctity of private life, personal and family secrets, as well as a ban on the collection, processing and dissemination of information about their components. In order to guarantee the protection of this constitutional right in the Russian Federation, the sanctity of private life is an object of criminal law protection, the violation of which entails bringing the perpetrators to justice. Despite the small number of criminal cases related to violation of privacy, the need for criminal law protection of this constitutional right is beyond doubt. Despite the legal regulation of the sanctity of private life, in law enforcement practice there are certain difficulties in bringing perpetrators to justice, due to the lack of specificity in determining the scope of private life, the list of information that constitutes the private life of a person, his personal and family secrets. Using various methods of scientific knowledge, the author concludes that it is expedient to legally interpret the concepts of "private life", "personal secret", "family secret", and determine their constituent elements. Based on the analysis of judicial practice, such actions as the collection and dissemination of information relating to the private life of a person are investigated, which, in fact, are independent actions. Taking into account the greater public danger of disseminating this information, the author proposes to distinguish between sanctions for collecting and disseminating information about private life.
Gaps in Russian Legislation. 2022;15(5):180-184
pages 180-184 views

Criminological Aspects of Countering Organized Crime in the Conditions of Digitalization

Karachaev A.

Аннотация

The purpose of this research was to study the achievement of modern technology from the standpoint of serving criminal structures. The introduction of new technologies is an objective process, but it remains unclear until the end by whom and how their results will be used. It will hardly surprise anyone that transnational crime is taking full advantage of the possibilities of artificial intelligence in the field of economics, finance and information. Modern gadgets are equipped with programs based on artificial intelligence. All this can positively serve the goals of the state, special services and law enforcement agencies, and can become an instrument of an illegal act in the hands of criminals. The objectives of this article are to study the Russian segment of organized crime, where new technologies are developing very rapidly, attacks are becoming more sophisticated, virus programs cannot be blocked and irretrievably destroy information in computer systems, and thousands of personal data are stolen every day. Stolen personal data allows you to carry out almost any manipulation in the banking system. The consequences of such a level of crime may be the paralysis of banks, the loss of security of strategic and military facilities. The situation is aggravated by the fact that the founders of the global digitalization process at the supranational level carry out their activities outside the legal field, and today this process has turned into a competitive race. It is established that each new technology is adopted by criminal structures. The criminal sphere today is made up of professionals of such a level that it is not difficult for them to launder billions of dollars. This fact is also stated by the International Organization for Combating Money Laundering and Interpol. Organized crime is based on powerful transnational companies created on an ethnic and regional basis. The situation is complicated by the fact that many of them have now been formally legalized, but at the same time, having retained their connections and skills, they remain inaccessible to law enforcement agencies. We believe that in this case, the future lies with the cyber police and criminal intelligence, which will be called upon to effectively counter organized crime. The success of this event depends on the personnel of these units, which must be trained at a faster pace.
Gaps in Russian Legislation. 2022;15(5):185-189
pages 185-189 views

Social and Politically Motivated Forms of Manifestation of Cybercrime

Takov A.

Аннотация

The purpose of this study was to study the features of social and politically motivated manifestations of cybercrimes. The main manifestation of the social and political orientation of cybercrime is the dissemination of false information or news in order to discredit the names of political figures. Given that modern youth spends a lot of time on social networks, the spread of such news is very fast, someone saw it, sent it to friends and parents, and so on in a circle. As a result, in a matter of hours, thousands of people have already received this news, therefore, their opinion about politicians is changing dramatically. The main problem of today's youth is gullibility and inability to analyze and adequately assess the processes taking place in the world, which makes them vulnerable. To prevent this, the efforts of law enforcement agencies are not enough. It is necessary to consolidate all the institutions of civil society, whose efforts will be directed to counteract destructive movements, and also to propose a positive ideology in return. Another “fashionable” trend of recent years is the penetration into the accounts of well-known users (opinion leaders) of social media and the theft of personal information, up to intimate photos, firstly, for the purpose of blackmail, and, secondly, for posting on social networks and compromising their reputation. That is why the young people have the proverb “The Internet remembers everything”, which is gaining relevance today due to its unambiguousness. After all, information that has ever entered the network remains in it, even if it is deleted from the original source, since it is repeatedly reposted and stored on the pages and chats of those who received it. All this, of course, plays into the hands of various criminal communities and groups that have been spreading false news and information on behalf of celebrities for many years, which young users take for granted.
Gaps in Russian Legislation. 2022;15(5):190-194
pages 190-194 views

On the Question of Criminal Legal Assessment of Persons Driving Vehicles Under the Influence of Alcohol

Gutaev A.

Аннотация

This work is devoted to the study of the personality of a criminal who drives a vehicle under the influence of alcohol. It has been established that the development of crime is determined by social causes, including the neglect of social institutions, the state of tension in society, the growth of antisocial phenomena, etc. Therefore, the level of crime is in close relationship with the level of social development and the development of the state, as well as the determined domestic and foreign policy. The objectives of the study are to analyze the regulatory regulation of crimes related to driving a vehicle by a person in a drunken state. The vehicle is a source of increased danger, however, on the part of road users, in particular drivers, this danger is underestimated. In general, in the minds of most people, a violation of traffic rules is not considered some kind of serious act for which liability can be established, up to a criminal one. As a result, the legislator, in order to prevent and prevent drinking at the wheel, resorted to more stringent measures, namely the criminal prosecution of drunk drivers. The foregoing updated the relevant amendments to the current legislation, tightening the legal regulation of this area. As a result, the Criminal Code of the Russian Federation was supplemented with Article 264.1 "Violation of traffic rules by a person subjected to administrative punishment." In subsequent years, the situation on the roads has not changed, which again forced the legislator to tighten sanctions. This time, it was possible to “get through” to a large part of the drivers: the number of cases considered and defendants brought to trial in such cases in the period 2020-2021 have undergone significant downward changes. It is concluded that as long as drivers demonstrate an irresponsible attitude towards "drunk" driving, innocent people will continue to die on the roads.
Gaps in Russian Legislation. 2022;15(5):195-199
pages 195-199 views

Criminal Legal Description of Fraud Committed with the Use of Information and Telecommunication Technologies

Kovalenko E.

Аннотация

The current stage of development of science and technology has set one of the key tasks of forensic science - the digitalization of crime. The digitalization of the economy has led to a reduction in the cost of automated information processing, coupled with an increase in the number of users of the capabilities of the information and telecommunications environment and has opened up new opportunities for representatives of the underworld. Among the most committed criminal acts were fraud using bank cards, mobile communications and computer equipment. Computer fraud is any act of altering computer data or tampering with a computer system that results in the deprivation of another person's property. Thus, the main direct object of fraud is public relations in the field of property protected by criminal law, and property, including non-cash and electronic money, should be referred to the objects of encroachment. In the science of criminal law, fraud is one of the so-called traditional elements of crimes, which are sufficiently studied. Causing the need to improve measures to identify, disclose and investigate crimes committed using the information and telecommunications environment, it should be noted that their number is growing, and at the same time, the methods, ways and means of committing them are becoming more sophisticated. Using the possibilities of the information and telecommunications environment for criminal purposes is a serious challenge for law enforcement and legislative bodies. It is known that scientific and technological progress is accompanied by new threats associated with cybercrime, which has its own specifics, has a transnational scale, constantly changes its forms, is characterized by high latency and, as a result, is practically not amenable to existing countermeasures. In order to effectively prevent fraud committed using the information and telecommunications environment, it is necessary to effectively apply criminal law.
Gaps in Russian Legislation. 2022;15(5):200-204
pages 200-204 views

On the Problems of the Application of the Norms of Administrative Law by the Courts

Tembotov R.

Аннотация

Consideration of the problems of law enforcement of administrative legislation by the courts in the sense of theoretical scientific research, guiding explanations of higher courts, the functioning of the judicial mechanism as a whole. Effective use in practice of the norms of administrative law by the courts as a form of ensuring the functioning and development of various social spheres of society as a whole. We would like to note the following problems that determine the relevance: the constantly high level of social tension, the intensification of business activity of legal entities and individuals during the period of partial abolition of COVID restrictions, the need for high-quality work on the implementation, development and improvement of administrative legislation, the organization of the correct application of administrative legislation in all spheres of life. The article deals with the problems of domestic theoretical research of administrative legislation, foreign experience. The leading work of the judiciary is analyzed. As a result of the study, the author comes to the conclusion that the application of the norms of law occupies one of the leading, fundamental, key places among the problems of jurisprudence. There is a complexity of the problem, both in general theoretical studies and in the practical work of the Supreme Court of the Russian Federation. There is no mechanism for mobile change of the law by the legislator. In the theory of law, there are many studies on this topic, however, the norms of administrative law have been studied much less. An analysis of the application of the norms of administrative law by the courts, specialized in this direction, is rarely found in scientific papers. Possibilities of restructuring the judicial system in order to provide specialized administrative courts.
Gaps in Russian Legislation. 2022;15(5):205-208
pages 205-208 views

Problems of Qualification of Crimes Committed in the State of Alcoholic Drunk

Napsokov A.

Аннотация

The purpose of this article is to consider the relationship between alcohol intoxication and crimes committed in this state. Since these acts fall under the Criminal Code of the Russian Federation, and are among the most common, it is advisable to find out whether this condition is an aggravating or mitigating factor. Intoxication as a condition in which a sane person is not aware of the actual nature and social danger of his actions (inactions) in full, or is not fully able to direct them as a result of conscious use of alcohol, narcotic or other intoxicating drugs requires detailed consideration, since there are a large number of disputes regarding the legal assessment of the state of intoxication and its influence on criminal responsibility. The objectives of the study are to consider the historical development of alcoholization of society and the measures taken by the state. Determination of the main stages of alcoholic intoxication, characteristics of the physiological state of a person and his ability to commit a crime, as well as consideration of their main types will give an understanding of the problem as a whole. Conclusions: Historical analysis has shown that, as a rule, the consumption of alcoholic beverages has always been clearly controlled by the state, both in the direction of its decrease and in the direction of increase. All this was dictated by both economic and political reasons. And if in the early periods of the development of the state, this aspect was mitigating when committing a crime, today this condition is mostly recognized as an aggravating circumstance. However, some cases from judicial practice still say the opposite. The author considers the classification of alcoholic intoxication by severity: mild, moderate, severe and alcoholic coma. The analysis of each allowed us to conclude that crimes are committed in the main state of mild and moderate alcohol intoxication, as well as in a state of atypical intoxication, which is observed in mentally ill people. Some jurists attribute alcohol intoxication to a state of physiological affect, when, as a result of an altered state of consciousness, the perception of the situation is aggravated in the direction of its greater intimidation and threat. Nevertheless, these conditions do not remove the responsibility and sanity of the person.
Gaps in Russian Legislation. 2022;15(5):209-212
pages 209-212 views

From the Rural Community to the Agrarian-Peasant Reform of 1906-1911: the Concept of P.A. Stolypin

Kazanina L., Shurukhnov N.

Аннотация

The article briefly presents the peasant community of Russia and the role of Pyotr Arkadyevich Stolypin - Chairman of the Council of Ministers during the reign of Nicholas II of Russia, in its reorganization. Based on the research of L.Yu. Kazanina, devoted to the study of Stolypin's modernization programs in Russia, the materials of the Foundation for the Study of the Heritage of P.A. Stolypin, the funds of the Tula State Archive, including transcripts of the reports of the I, II, III Tsarist State Duma, and Stolypin's speeches, the comprehension of which allowed the authors to focus their attention on certain issues of peasant (agrarian) reform of 1907-1911.
Gaps in Russian Legislation. 2022;15(5):213-218
pages 213-218 views

Digitalization of Payment Markets: Legal Regulation, Identification and Leveling of Risks

Krokhina Y.

Аннотация

Purpose of the study. The article discusses the processes of digitalization of payment markets that require legal support. The prerequisites, current state and development trends of the legal regulation of digital technologies in the payment markets are analyzed. The purpose of the study is to identify the shortcomings and risks of legal regulation of digital technologies in payment markets. This is necessary to determine the criteria for the risks of digitalization of payment services, ways to predict, identify and level them. Conclusions. Based on the results of the study, the author concludes that there is no definition of the payment market at the legislative level, the greatest problems of introducing digital technologies in payment services are created by the lack of systematic legal regulation of this segment of the financial market. According to the author, the legal regulation of the process of digitalization of the payment market should be based on the gap-free and non-conflict interaction of legislative acts, corresponding to such fundamental economic and legal principles of digitalization of monetary relations as instantaneous access to the payment system, security and continuity of money transfer, making payments in real time . The study substantiates the conclusion that virtual products in the payment market are subject to a number of serious risks that must be taken into account both in the development and formalization of digital technologies, and in their application. The author identifies the following risks: model, technical, reputational, professional, cyber risks, risks of the quality of information received, unfair activities, the emergence of "gray zones", segmentation of legal regulation. The study found that the safest and most reliable way to develop new RegTech and SupTech solutions is to develop them within regulatory sandboxes, which are a special experimental legal regime. The author's proposals on the need to develop a state policy for the prevention, identification and leveling of threats to settlement relations are argued; on the creation of a single regulatory legal act or a system of homogeneous acts that fix the definitions of regulatory and supervisory technologies, principles, areas and the procedure for their functioning. It is important to include in these acts the risk criteria for the use of digital technologies, the methodology for checking information models, which includes areas of the greatest risk of failures, the frequency of regular and extraordinary checks.
Gaps in Russian Legislation. 2022;15(5):219-227
pages 219-227 views

On the Relationship Between Constitutional Provisions on the Protection of Competition and Constitutional Norms on the Human Rights

Tenishev A., Khaziev S.

Аннотация

The issues of the relationship between the provisions of the Constitution of the Russian Federation on the protection and support of competition and constitutional norms on the rights of citizens who are participants in economic relations are considered. The existing contradictions related to the imperfection and inconsistency of some norms of the legislation on protection of competition and the norms governing the procedure for antimonopoly investigation and proceedings in cases of administrative offenses, as well as the procedure for investigating crimes related to infringement on freedom of competition within the framework of domestic criminal law and criminal procedural law are identified and described.
Gaps in Russian Legislation. 2022;15(5):228-235
pages 228-235 views

Formation and Development of Labor Legislation Regulating the Liability of the Head of the Organization

Savin V.

Аннотация

In this article, which is one of the few works devoted to the designated topic, the study of which is caused by the need to obtain a complete understanding of the concept of liability of the head of the organization, enshrined in the current labor legislation, the evolution of regulatory legal acts regulating it at various stages of the socio-economic development of the Russian state, starting with the first Labor Code of 1918, which marked the beginning of the formation of domestic labor law is being analyzed. The analysis showed that the Labor Code of 1922 and the set of regulations adopted in the late 20s and early 30s of the last century for the first time formed the legal basis for the liability of workers who performed responsible labor functions, including managers of enterprises. The article draws attention to its further development associated with the adoption of subsequent codified acts on labor and other regulatory legal acts, which, while maintaining continuity, established the liability of these workers, calling them variously: “persons of the administration”, “responsible officials”, “heads”, “leading persons”, “officials”, “persons of administrative and economic and administrative and technical personnel”, while not disclosing their concepts. Significant shortcomings of this normative material are revealed, which negatively affected the provisions enshrined in Art. 277 of the Labor Code of the Russian Federation, the concept of liability of the heads of the organization, which does not correspond to the principles of labor law and the institution of legal liability. It is concluded that the results of the study will contribute to the improvement of the norms governing the liability of the head of the organization, in a direction consistent with these principles.
Gaps in Russian Legislation. 2022;15(5):236-242
pages 236-242 views

About the Main Tax Risks Arising in the Administration of Customs Payments

Davydova M.

Аннотация

At the present stage of the development of customs administration in Russia, there are still many risks, the study of which is devoted to the work. In the study, the author defines precisely the tax risks that arise during the implementation of customs administration. The author sees the main problems of customs administration: false declaration or importation of goods into the country bypassing the established rules. The study also pays attention to such problems as the departure of large foreign investors from the country, as well as issues of stimulating replenishment of the federal budget through customs payments and taxes. One of the conclusions of the resolution presented is the direction of customs and tariff policy to increase the competitiveness of national producers.
Gaps in Russian Legislation. 2022;15(5):243-247
pages 243-247 views

Place and Role of Structural Divisions of the Federal Tax Service of Russia in Ensuring Bankruptcy Procedures

Moroz V.

Аннотация

Effective administration of tax debt and timely provision of bankruptcy procedures by tax authorities have a beneficial effect on the country's economy. The successful development of the state and the financing of budgetary organizations, social benefits, etc. depend on the fullness of the budget. Tax debt administration helps to regulate the tax burden, tax collection and provide control over the activities of taxpayers in case of insolvency. In the implementation of the functions of tax administration, problems and shortcomings are revealed that serve as circumstances for making changes to the organizational structure of management in the tax authorities. This article is aimed at studying and analyzing the practice of providing bankruptcy procedures by tax authorities. The relevance is due to the high level of development of tax relations between the state and taxpayers, which is clearly presented in the statistical information in this article.
Gaps in Russian Legislation. 2022;15(5):248-252
pages 248-252 views

To the Question of the Legal Mechanism for Ensuring the Function of Healthcare in the Russian Federation

Markosian D.

Аннотация

Purpose of the study. The article deals with the legal support of the healthcare function in the Russian Federation. Currently, the existing social conditions for the life and health of citizens also imply the need to improve the legal regulation of existing medical institutions and organizations. This is especially noticeable in the current economic environment. However, this predetermines the need for a systematic study and analysis of the legal regulation of public health. Currently, the number of studies on the problem of ensuring the right of citizens to medical care is insignificant. This is due to the current established legal mechanisms at the federal and regional levels, as well as the processes of implementing this mechanism. The research methods were analysis, synthesis, empirical methods, comparison. The scientific novelty lies in the presented measures to improve the efficiency of the legal mechanism for ensuring the health care function in the Russian Federation, as well as in the developed priority areas of development. Conclusions: the provision of services for free medical care depends on the direct composition of this care, its dynamic elements, while the statistical elements remain unchanged. Compliance with all the principles of providing medical care is the main condition for further reforming the health care system of the Russian Federation. We believe that compliance with the above provisions is a necessary condition for further reform and improvement of the existing free healthcare system.
Gaps in Russian Legislation. 2022;15(5):253-259
pages 253-259 views

Expertise as a Form of Evidence in the Tax Process

Orlova N.

Аннотация

Purpose of the study. The article deals with the problems of inefficient use of expertise as a way of collecting valid and reliable evidence, infringement of the rights and interests of taxpayers allowed during its appointment and conduct, which leads to the contestation of the results of the control measure and the recognition of the evidence obtained as inadmissible. Expertise is a mean of proof that allows you to obtain information from a professional who is independent in the outcome of the case and has knowledge in the field of science, technology, art and craft. The conclusion obtained as a result of the study can be a key evidence that has priority over many others, due to the use of scientific and practical data that increase the objectivity and categoricalness of the conclusions. Despite the high probative capacity, when conducting tax audits, expertise as a means of proof is not widely used, which in many cases does not allow obtaining reliable information about the circumstances of the offense. Conclusions. As a result of the study, objective reasons were identified for recognizing expert opinions as inadequate evidence that violates the rights and interests of taxpayers. The proposed mechanism for preliminary agreement on the conditions for engaging an expert, including a candidate, a list of issues that need to be resolved during the study, materials to be submitted for examination, allows reaching agreement with taxpayers on all significant issues before drawing up a resolution and initiating an event, which not only increases the legitimacy of the results obtained, contributes to the observance of the rights and legitimate interests of taxpayers and enhances the competitiveness of the tax process. The author has developed specific additions to be made to the Tax Code of the Russian Federation to implement the mechanism for preliminary approval and consideration of taxpayers' petitions on the appointment of an examination.
Gaps in Russian Legislation. 2022;15(5):260-266
pages 260-266 views

Legal Regulation of Oil and Gas Budget Revenues in Russia and Foreign Countries

Motorina A.

Аннотация

The purpose of the research. The article examines the main features of the legal regulation of oil and gas revenues of the federal budget, changes in budget legislation in this area, as well as the experience of legal regulation and accumulation of budget funds from oil and gas revenues in foreign countries. The experience of the World Trade Organization in the field of legal regulation of oil and gas revenues is analyzed. Gaps in the legal regulations are identified, on the basis of which appropriate solutions are proposed. Results. As a result of the study, the author comes to the conclusion that in the theory of law there is no scientific definition of the concept of "oil and gas revenues of the budget", in connection with which its author's definition is proposed. The experience of legal regulation of oil and gas revenues of the budget of foreign states is useful for the formation of legal regulation of oil and gas budget revenues in Russia, in particular in the field of legal regulation of the management of the National Welfare Fund. The identified problems can be solved in different ways, depending on the geopolitical situation that is developing in the world, in connection with which the state developed operational measures to improve the legal regulation of oil and gas budget revenues.
Gaps in Russian Legislation. 2022;15(5):267-272
pages 267-272 views

Control Function of the Russian Parliament: Current Status

Zinovieva E.

Аннотация

The article is devoted to the study of the concept and essence of parliamentary control. Based on the analysis of approaches to the definition of the concept of parliamentary control that have developed in Russian legal science, the author's definition of this concept is given, and its main characteristics are given. The author singles out the types of forms of parliamentary control (according to the Federal Law of May 7, 2013 № 77-FZ "On Parliamentary Control") and identifies some problems (difficulties) in the implementation of certain forms of parliamentary control in the Russian Federation. In particular, a significant problem of the actual non-use of the procedure of parliamentary investigations was noted. In addition, an analysis was made of the provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation dated March 14, 2020 № 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public authority”, affecting the institution of parliamentary control.
Gaps in Russian Legislation. 2022;15(5):273-277
pages 273-277 views

KLEROS Court: Is revolution of Dispute Resolution?

Rusakova E.

Аннотация

The ongoing digital transformation of society has an impact on all spheres of life. The greatest change has been in commercial activities, including through the recognition of completely new means of communication and entrepreneurial activities. Decentralized widespread autonomous organizations have proliferated as the most common form of sensation in the crypto sector. The author set the task of analyzing the resolution of so-called "digital" disputes that were not settled by self-executing smart contracts. One of the innovative ways of disputes resolution was the creation of the Kleros court, which considers disputes arising on the Ethereum platform. The global digital community evaluates this mechanism as the most democratic and professional, due to the organization and implementation of it by the participants themselves. The author made an attempt to analyze the legal regulation of social relations arising in the process of considering and resolving digital disputes in the Kleros court.
Gaps in Russian Legislation. 2022;15(5):278-281
pages 278-281 views

Consent of Parents (Adoptive Parents, Guardians) as a Condition for the Exercise of Certain Elements of Legal Capacity by Minors Aged 14 to 18 Years

Belozertseva V.

Аннотация

The article is devoted to the consent of parents (adoptive parents, guardians), as a condition for the implementation of certain elements of the legal capacity of minors aged 14 to 18 years. The form and procedure for giving such consent is determined, it is revealed in which cases minors exercise their legal capacity on their own, without the consent of their parents. Some elements of the legal capacity of minors are analyzed, such as the ability to make transactions, carry out entrepreneurial activities, exercise the right of authorship, and establish legal entities. Some elements of the delinquency of minors are highlighted, as well as the grounds for restricting their legal capacity in order to determine the amount of legal capacity of minors aged 14 to 18 years, which they exercise with and without parental consent. The study made it possible to conclude that the rule of Art. 26 of the Civil Code of the Russian Federation is aimed at protecting the property interests of minors aged 14 to 18 years, and the “parental consent” of a minor to commit a number of legally significant actions by him is a guarantor of such protection, and a necessary element of the mechanism for the minor to exercise his legal capacity.
Gaps in Russian Legislation. 2022;15(5):282-289
pages 282-289 views

Genesis and Development of Easement Regulation in Russia

Zinnatullin A., Kasimova A.

Аннотация

The purpose of the research. The article deals with issues related to the stages of development of easement regulation in Russia from the pre-revolutionary period to the present. The purpose of the research is to identify the sources of the formation of easement regulation in Russia, as well as the trends of its development. Results. As a result of the analysis of historical documents and doctrinal researches, the authors came to the conclusion about the emergence of legal constructions of the easement type in Russia in the XVII century with the adoption of the Cathedral Code of 1649. Subsequently, they were detailed and expanded in the Code of Laws of the Russian Empire of 1835, and then in the draft Civil Code of the Russian Empire. However, it was the Soviet period of the country's development that predetermined the specifics of the easement regulation in Russia, which is characterised by the division of classical easements into "private" and "public". The demand for public easements in modern civil circulation has led to active rule-making in this direction.
Gaps in Russian Legislation. 2022;15(5):290-298
pages 290-298 views

Application of the Principle of Inviolability of the Minimum Propertyin Enforcement Proceedings

Sagitova E.

Аннотация

The purpose of the study is to identify the features of the application of norms-principles and norms-legislative provisions of enforcement proceedings on the example of a minimum of property not subject to recovery. In the article, the author correlated theoretical approaches to the concept of this principle, and also analyzed the latest legislative changes. The author focused on the features of determining the guaranteed minimum on the example of cash, residential premises and luxury goods. Conclusions: The author found discrepancies between the normative content of the principle of inviolability of the minimum property in enforcement proceedings and its purpose. The correlation of abstract norms of law with their interpretation in judicial practice has shown that this principle still depends on the discretion of judges and the socio-economic situation in the country. The inviolability of the minimum property, as a principle-statute, needs to be detailed through special norms, and not general rules.
Gaps in Russian Legislation. 2022;15(5):299-304
pages 299-304 views

The Role and Significance of the Good Faith Principle in Russian Civil Law

Abrosimov A.

Аннотация

Purpose of the research: The article considers the theoretical and practical significance of the good faith principle in the system of Russian civil law, establishes the role and purpose of this principle. A comparative analysis of the significance of the good faith principle in Russian and foreign civil law also conducts. Results: As a result of the research, the author comes to the conclusion that the good faith principle is an integral part of Russian civil law, and its role has increased markedly over the past twenty years, which is reflected in the increase of number of norms in the Civil Code of the Russian Federation, one way or another referring to the good faith (bad faith) of the participants in civil legal relations as a constituent that entails legal consequences. Also, based on the comparative analysis, it is concluded that the principle of good faith is characteristic of most legal systems of continental law. The value of the principle of good faith in civil law is traditionally lower in common law legal systems, and in UK law this principle does not apply; at the same time, it has recognition in some international legal acts. It is concluded that the good faith principle allows the courts to be more flexible in solving cases, to take into consideration the circumstances of a particular case and to implement, first of all, the rights of citizens, and not the norms of the law misinterpreted by someone. The essence of the good faith principle in Russian civil law is not clearly defined.
Gaps in Russian Legislation. 2022;15(5):305-310
pages 305-310 views

Private Law Rules: Some Particular Qualities of Operation in Time

Akimova I.

Аннотация

The article discusses various approaches to understanding the retroactive effect of private law norms., The existing provisions of the Civil Code of the Russian Federation regulating the operation of civil law in time are analyzed from the point of view of different interpretations of the term "retroactivity. The author considers restrictions on the retroactivity of private law norms that are currently formulated in the Russian legislation and court practice. The article also analyzes the phenomenon of "hidden retroactivity " and its admissibility.
Gaps in Russian Legislation. 2022;15(5):311-318
pages 311-318 views

Legal Regulation of the Use of Artificial Intelligence Technologies in Investment Activities in Russia and Abroad

Khaddour Z.

Аннотация

The use of AI Technologies in investment activities is of particular importance. AI technologies are being implemented in many areas such as algorithmic trading, asset management, credit underwriting and others. The Article discusses the rapidly increased deployment of AI technologies in investment activities and how it is expected to drive competitive advantages for financial firms and the importance of regulation AI in the national laws for Russian Federation, USA and China.
Gaps in Russian Legislation. 2022;15(5):319-325
pages 319-325 views

Foreign Experience in Combating Corruption: Research Methodology

Inshakov S., Kazakova V.

Аннотация

The aim is to study methodological approaches to the analysis of foreign experience in the fight against corruption. The main directions of the fight against corruption in different states are illustrated. The essential features of an effective assessment of anti-corruption are identified, which are associated with the type of the country's political system and the anti-corruption mechanisms created in it. A typology of social systems is proposed depending on the dominant attitude in society towards corruption and the approach to countering it. The conclusion is made about the importance of increasing the anticorruption potential of the state as the most important stage of modeling an effective mechanism for countering this negative social phenomenon.
Gaps in Russian Legislation. 2022;15(5):326-331
pages 326-331 views

Tactical Complex as Means of Optimizing Pre-Investigation Verification

Isaenko V.

Аннотация

The article deals with certain issues of optimizing and improvement of the quality of pre-investigation checks, which are called crime reporting checks. Statistical data indicate the prevalence of violations of the criminal procedure law at this stage of pre-trial proceedings, entailing the adoption of unjustified procedural decisions to refuse to initiate criminal proceedings. At the same time, the importance of the pre-investigation verification, which is an integral element of the forensic methodology of pre-trial proceedings, is underestimated. When establishing sufficient sings of a crime. Especially those committed without eyewitnesses, this is important for putting forward reasonable working versions, choosing the right direction of investigation after the initiation of a criminal case. The nature of the tasks, solved ay the stage of pre-investigation verification, requires the use of complexes of appropriate actions during its conduct, which it is advisable to call tactical. According the author, the tactical complex is a system of investigative, other procedural, operational-investigative, informational, organizational and other auxiliary actions aimed at obtaining evidence relevant to solving a relatively localized tack of preliminary investigation subordinated to its general purpose, and thus being a relatively local method of pre-trial proceedings. The peculiarity of the tactical complex of actions carried out as part of the pre-investigation check is the absence of elements of the criminalistics characteristics of the relevant crime in its informational basis, since in the initial situation of pre-trial proceedings its signs have not yet been established. Separate information indicating their possible presence also does not form a criminalistics characteristic of the crime. At the same time, they can be used in choosing the right direction of work to establish its signs as a basis for initiating a criminal case. According to the author, this tactical complex should be a necessary element of multifunctional computer programs - private forensic techniques of pre-trial proceedings used directly in the detection and investigation of crimes, in the implementation of procedural control and prosecutorial supervision in pre-trial proceedings, as well as in educational and methodological activities with law enforcement officers.
Gaps in Russian Legislation. 2022;15(5):332-337
pages 332-337 views

The Ministry of Defense of the Russian Federation, as an Element of the System of Prevention of Neglect and Offenses of Pupils of Military Units

Makhtaev M.

Аннотация

The purpose of the article is to substantiate the role and place of the Ministry of Defense of the Russian Federation in the system of prevention of neglect and delinquency of minors in general and pupils of military units in particular. The conclusion is formulated that the element of the crime prevention system should not be recognized as a military unit, as some researchers believe (A.V. Barkov and Yu.V. Ovsyannikova), but the Ministry of Defense of the Russian Federation, organizationally and materially ensuring the functioning of the legal structure of "enrolling orphans and children left without parental care in the lists of military units as pupils". It is proved that the military unit in this process can only be considered a subsystem of the general prevention system. It is proved that the military unit in this process can only be considered a subsystem of the general prevention system. In connection with the role of the Ministry of Defense of the Russian Federation revealed in the study, it is recommended to create a special department in the staff of the Ministry that accompanies this process at all its stages.
Gaps in Russian Legislation. 2022;15(5):338-341
pages 338-341 views

From Polygraph to New Technologies, Detection of Perjury in Criminal Proceedings

Volosova N.

Аннотация

The paper explores the modern possibilities of establishing perjury in criminal proceedings. The author traces the evolution of technologies that were proposed to establish perjury in various states. The article analyzes various points of view on the use of a polygraph in criminal proceedings, and also provides an overview of new technologies. It is concluded that it is necessary, first of all, to protect human rights and freedoms when using various technologies during the investigation of a criminal case.
Gaps in Russian Legislation. 2022;15(5):342-348
pages 342-348 views

The Main Problems of the Certainty of the Rules of Law Governing Operational-Search Activity in the Russian Federation

Maydykov A., Maydykov A., Parfenov A.

Аннотация

Despite the clear imperative definition of the ORD in the Federal Law on the ORD, both among practical employees of operational units of state law enforcement agencies and researchers, there are different points of view in understanding and interpreting the essential aspects of this type of law enforcement activity. The place and role of the ORD in criminal proceedings is ambiguously understood, since this type of activity is not regulated by the Criminal Procedure Code. Moreover, the tasks of the ORD go beyond the boundaries of criminal proceedings (for example, the search for missing persons). The interpretation of federal laws and other legal norms related to the ORD is carried out through a departmental, narrowly focused approach. Using this approach, the lawyer and law enforcement officer is guided by the tasks of criminal proceedings, in which the information obtained during the ORDO is used. Other tasks of the ORD that are not related to criminal proceedings remain on the sidelines. Financial and civil law issues, issues of prosecutorial supervision and control have not been properly considered. This leads to even greater legal confusion in the interpretation of the current norms of law related to the ORD, errors in departmental rulemaking. There is a tendency of their increase. The listed negative factors confirm the relevance of the topic raised in the article. Statement of the problem: Currently, there are numerous problems of interpretation of the norms of federal legislation regulating the execution of laws by bodies carrying out operational investigative activities in the Russian Federation. The most significant are. 1. Ambiguity and divergence of existing interpretations. They are mainly scientific and advisory in nature. The authors' understanding of the law is different, its use in interpretation is optional. At the same time, the interpretation of the law should, in this case, be given along with the interpretation of the law. The interpretation of the norms of federal legislation in the field of administrative offences is connected with the application of constitutional norms, analogy of law, principles of law. This is evidenced by the interpretations made by the Constitutional Court of the Russian Federation. However, they are also narrowly focused, contradictory and isolated. If the described situation persists, it may have a tendency of negative development. Consequently, there is a need to submit it for scientific discussion with the author's proposal of a solution. 2. Corruption-related factors in the current norms of law related to the ORD require identification, professional scientific and expert justification. The interpretations made by the Constitutional Court of the Russian Federation confirm the existence of this problem. The authors in the article name and justify several corruption-causing factors identified by them in the Federal Law on the ORDO and propose a solution to eliminate them. These factors are far from isolated. Without a wider use of the mechanisms proposed by the authors for the rehabilitation of the norms of law governing the ORD, their enforcement will be the basis for the formation of inadmissible evidence in criminal proceedings and contradictory departmental norms of law. Consequently, there is a need for a comprehensive anti-corruption examination of the law governing the ORD. Purpose: to identify, substantiate evidentiary and put for scientific understanding and practical solution the main problems of interpretation of the norms of federal legislation in the ORD. To develop scientifically-based proposals for the elimination of the problems indicated in the article. Research methods: general scientific (description, comparison), formal-logical (analysis, synthesis, analogy), content analysis, expert evaluation. The authors build their scientific conclusions on the basis of a dialectical-materialistic approach, scientific analysis of the main problems of legal interpretation of the norms of the federal legislation of the Russian Federation regulating the execution of laws in operational investigative activities (hereinafter referred to as the ORD). In particular, the correlation of the legal understanding of the goals and objectives of the implementation of the ORD, as a whole, with the subject and limits of the powers of its individual directions. The scientific analysis is conducted based on the meaning of the interpretation of the legal norms of various legal institutions associated with the ORD, through their comparative legal research. Results and key findings: 1. As a proposal to eliminate the basic problems in the legal understanding of the essence of the ORD, the need for an official normative interpretation of the law governing this type of law enforcement activity is justified. 2. It is proposed and normatively confirmed the need to use the powers of the Prosecutor's Office of the Russian Federation, in terms of conducting anti-corruption expertise, to remove legal problems in the departmental regulation of the ORD.
Gaps in Russian Legislation. 2022;15(5):349-358
pages 349-358 views

Issues of Improving Criminal Procedural Evidence

Frantsiforov Y., Popov A., Tsarev Y.

Аннотация

A task. Based on the study of theoretical provisions and modern practice of proof and taking into account regulatory requirements, formulate the purpose of proof and analyze the features of the activities of participants in criminal proceedings who have the authority to collect, verify and evaluate evidence due to the establishment of circumstances to be proved. Methods: formal-legal, comparative-legal. Results: The authors come to the conclusion that the procedure of proof in criminal proceedings is caused by the goal of achieving the truth, which is possible only in the implementation of such criminal procedural activities, which is based on comprehensiveness, completeness and objectivity in making procedural decisions.
Gaps in Russian Legislation. 2022;15(5):359-364
pages 359-364 views

Proceeding Activity of the Court: Arguments for and Against. About the Search for Balance

Berova J., Akkaeva K.

Аннотация

Currently, one of the most common ways to protect human rights is to apply to the judiciary. Despite the fact that the powers of the above-mentioned bodies are determined in detail by the current legislation, in the process of their functioning there are still a number of debatable issues, one of which is the admissibility of the activity of the court. On the one hand, the function of justice is to make a lawful, fair and reasonable decision on the case, which predetermines the uniqueness of the legal position of the court in the course of the proceedings. On the other hand, the powers of the judiciary cannot be fully exercised without procedural assistance to the participants in the process. The purpose of the presented study is to analyze the possibilities of the procedural activity of the courts in the Russian Federation. The author comes to the conclusion that the Russian legislator does not define in detail the possibility of active procedural behavior of the court, but does not deny it, as evidenced by the consideration of the principle of adversarial and equal rights of the parties to administrative proceedings with the active role of the court. Attention is focused on the need to unify existing approaches to determining the activity of the court in the current procedural legislation (CPC of the Russian Federation, APC of the Russian Federation, CAS of the Russian Federation, Code of Criminal Procedure of the Russian Federation). The legal model formulated in the CAS of the Russian Federation is determined as the most acceptable, taking into account further detailing of the activity of the court in its powers. The expediency of determining the limits of such activity and their legislative consolidation is noted.
Gaps in Russian Legislation. 2022;15(5):365-369
pages 365-369 views

Legal Regulation of the Organization of the Use of Forces and Means by the Territorial Bodies of the Ministry of Internal Affairs of Russia in the Event of Emergency Circumstances (Situations)

Kireev M., Atmurzaev A., Romanovskiy I.

Аннотация

The article examines the organizational and legal aspects of the participation of internal affairs officers in case of emergency (situations). In the context of the current legislation, relying on a fairly representative body of scientific literature, the authors explore the conceptual field of the concept of an "emergency". Sharing the points of view of some legal scholars and critical of others, the authors attempt their own interpretation of the concept of an emergency. The relevance of the legal regulation of the use of forces and means by the territorial bodies of the Ministry of Internal Affairs of Russia in the event of emergency circumstances (situations) is due to the insufficient regulation of the current regulatory framework of domestic legislation in the field of organizing the prevention of emergency circumstances (situations). Emergencies are characterized by the death of people or threaten their life and health, material damage to individuals and legal entities, the natural environment in a certain area. In the context of the current legislation, scientific literature, the author explores the conceptual aspect of "emergency", and makes an attempt to author's interpretation of the concept of an emergency and notes the need for further legal regulation of the organization of the activities of the territorial bodies of the Ministry of Internal Affairs of Russia in the event of emergencies, as negative events The authors explore the conceptual aspect of "emergency", and makes an attempt to author's interpretation of the concept of an emergency and notes the need for further legal regulation of the organization of the activities of the territorial bodies of the Ministry of Internal Affairs of Russia in the event of emergencies, as negative events. The purpose of the research. The article discusses emergencies that, in combination of objective and subjective factors, create a causal series of negative events. They are associated with natural disasters of a natural, man-made, biological and social nature. The research methods were the categories of materialistic dialectics, as well as general scientific and special research methods, in particular: analysis and synthesis; induction and deduction; statistical analysis, method of expert assessments, methods of generalization, modeling, forecasting, studying documentary data, functional and system-structural.
Gaps in Russian Legislation. 2022;15(5):370-376
pages 370-376 views

Improving the Procedure for Protocol Recording of the Course and Results of the Search

Berova J., Gauzhaeva V.

Аннотация

The purpose of the research. The article analyzes the problem of unsatisfactory quality of the protocol form of recording the course and results of the search. The issue of compliance of the requirements of the criminal procedure legislation with the content of the protocol of the investigative action and the implementation of these requirements in investigative practice is highlighted. The purpose of the study is to identify the main shortcomings that occur when investigators draw up search protocols, and to determine ways to prevent them in order to ensure the evidentiary significance of the search protocol. Results. As a result of the conducted research, the authors came to the conclusion that the current criminal procedural norms regulating the content of the protocol of the investigative action and, in particular, the search, are less meaningful than the tactical and forensic recommendations devoted to the same issue. However, in investigative practice, only the norms of the CPC are naturally taken into account, while forensic recommendations are more often ignored. It seems that this approach, although not contrary to the law, ultimately negatively affects the evidentiary significance of the search results, which are evaluated by analyzing the contents of the protocol of the investigative action. In this regard, we consider the practice of reflecting in the search report only the list of discovered and seized objects, the place of their discovery and the nature of packaging (as required by Article 182 of the Code of Criminal Procedure of the Russian Federation) insufficient to ensure the criteria of admissibility and reliability of this source of evidence. It seems that achieving an objective assessment of the course and results of the search requires supplementing the circumstances specified in the law with information about the nature and content of the search actions carried out to find the objects sought, as well as individualization of the objects found by fixing their signs. In addition, due to the primacy of the law over criminalistic recommendations in the tactical and criminalistic sphere, we consider it necessary to make appropriate additions to Article 182 of the Code of Criminal Procedure of the Russian Federation.
Gaps in Russian Legislation. 2022;15(5):377-380
pages 377-380 views

Presumption of Innocence: on the Question of the "Inviolability" of Certain International Principles

Reshnyak M., Botasheva Z.

Аннотация

The purpose of the study. The purpose of this study is to examine the concept, essence, evolution and current state of the principle of presumption of innocence. Based on the study of the current state of this principle and the practice of its application, the problems that have arisen and exist in recent decades, indicating the involution of one of the fundamental principles of international law, are highlighted. The object of the study is the ongoing political processes that have a direct impact on the inviolability of the principle of presumption of innocence. The subject of the study is the relationship between the activities of judicial, law enforcement agencies and other entities and the influence of a certain ideology and political processes on them. The methodological basis of the research is the universal dialectical method, general scientific and private scientific methods, including historical and legal, comparative, observation and legal modeling methods. Conclusions. According to the results of the study, the author comes to the conclusion about the direct relationship between the inviolability of the principle of presumption of innocence and the ongoing global political processes.
Gaps in Russian Legislation. 2022;15(5):381-385
pages 381-385 views

386-390. Indicators of the Effectiveness of Criminal Law Prohibitions

Idrisov N.

Аннотация

The purpose of this study is to determine the criteria for the effectiveness of criminal law prohibitions. An effective criminal law prohibition is the key to high-quality social control. The article substantiates the author's proposals on the effectiveness of the prohibition and indicators of such effectiveness. As a result of the study, the author came to the conclusion that there are two levels of the criminal law prohibition mechanism. Accordingly, the indicators of the effectiveness of the prohibition are of a dual nature. The conclusion is made about the cost indicators of the effectiveness of the prohibition, which the author attributed to the axiological indicator (the ability of the criminal law prohibition to form a system of social values perceived and realized by individuals) and the regulatory indicator (the ability of the criminal law prohibition to shape the behavior of individuals).
Gaps in Russian Legislation. 2022;15(5):386-390
pages 386-390 views

Some Aspects of Criminological Characteristics of Juvenile Delinquency

Cherednichenko E.

Аннотация

The purpose of the presented article is a criminological analysis of crimes committed by persons under the age of eighteen; identification of the features of the causes and conditions of such crimes; determination of the most effective measures to counteract them. Conclusions. Juvenile delinquency has its own characteristic features and peculiarities: most often teenagers commit crimes in a group; crimes are situational in nature; they are distinguished by unmotivated aggression and cruelty; property crimes are most often committed; among the motives of crimes, the following prevail: selfish, revenge, the desire to earn authority, hooligan. The reasons for committing a crime are: a bad example of parents or family members; incitement of adults, as a rule, criminals; lack of interests, occupations for a minor; possible propaganda of an antisocial lifestyle on the Internet; lack of parents of the possibility of material support for their minor child. The conditions of juvenile delinquency include: the lack of appropriate control of the family and educational institutions for minors; an increase in the number of children with developmental delays; the lack of a system of employment and leisure activities. The most effective measures to prevent juvenile delinquency are: educational, pedagogical, cultural, social. Their main goal is to improve the living conditions of a teenager and family relationships.
Gaps in Russian Legislation. 2022;15(5):391-395
pages 391-395 views

The Main Preventive Measures Aimed at Countering Youth Extremism Carried Out in the Rostov Region

Seregina E., Zakharov A.

Аннотация

The article deals with one of the important problems of our time - youth extremism. The authors pay special attention to the scale of the spread of extremist ideas among young people, changes in the dynamics and tactics of acts committed by extremist-minded young people, and the alarming trend of increasing deaths as a result of nationalistically motivated violence. The prerequisites for the formation are analyzed and the features of modern youth extremism are highlighted. Special emphasis is placed on determining the specifics of specific cases of youth extremism in the Rostov region. The legal policy, information and educational activities carried out in the region, stimulating the involvement of young people in positive social processes at the local level, allow effective implementation of basic preventive measures aimed at preventing the spread of extremist ideas among young people.
Gaps in Russian Legislation. 2022;15(5):396-403
pages 396-403 views

Countering the Violation of the Principle of Adversarial Parties in Criminal Proceedings

Ilin D.

Аннотация

The article presents the results of a study of the problem of overcoming violations of the principle of adversarial parties, in particular, the right of the defense party to present evidence and attach them to the case materials and its provision with criminal procedural means. The right of the defense party to participate in the process of proving equally with the prosecution is ensured by the provisions of the Constitution of the Russian Federation, criminal procedure and criminal legislation, regardless of the stage of procedural activity, as well as the attitude to the proceedings. The right to judicial protection is not only the right to appeal to the court, but also the possibility of obtaining real judicial protection by restoring violated rights and freedoms, which must be provided by the state in accordance with the criteria of efficiency and fairness. The constitutional principles of justice arising from Articles 19 (Parts 1 and 2), 46 (Parts 1 and 2), 47 (Part 1) and 123 (Part 3) of the Constitution of the Russian Federation presuppose both strict adherence to the procedure of criminal proceedings, and the timeliness and effectiveness of protecting the rights and legitimate interests of not only the accused, but also persons suspected of committing a crime. Unfortunately, investigators and interrogators often deny the defense the right to present evidence and attach it to a criminal case, while taking advantage of loopholes in legislation and vague (sometimes too broad) interpretations in the governing acts of judicial interpretation. This leads to the fact that there is no alternative to the prosecution's version and, of course, to a significant violation of the rights of the accused as participants in criminal proceedings. The negative consequences of this may be cases of unjustified accusation and conviction of innocent persons, the occurrence of other grave consequences (for example, the illness of an illegally accused /convicted person, causing property damage during the confiscation of property based on a false accusation, the application of other property sanctions, discrediting and defamation of such a person, etc.). In addition, of course, this practice it causes serious damage to the authority of the court, law enforcement agencies, and the formation of negative public opinion about them. The article analyzes in detail the cases of refusals to submit and attach evidence, examines the "argumentation" given by the staff of the preliminary investigation bodies, judges, and clearly proves its fallacy, using the example of cases that have a great public resonance and the author's personal experience as a lawyer in such cases. Criminal procedural means of countering such violations are being investigated. In conclusion, based on the conducted research, the author formulates a conclusion aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving and increasing the effectiveness of preventing violations of the constitutional right to defense and adversarial parties.
Gaps in Russian Legislation. 2022;15(5):404-412
pages 404-412 views

Characteristic and Conditions Facilitate to Occupational Crime

Kravets I.

Аннотация

The article analyzes the state of the characteristics and conditions that contribute to professional crime at the present stage, its trends and patterns of development, examines the roots, origins of the formation of criminal behavior and the history of the development of professional crime in Russia. In general, professional crime is distinguished by a number of features related to the causes of professional crime, the personality of a professional criminal, as well as to the specifics of preventing professional criminal activity. The purpose of the presented study is to consider the issues that arise in this area regarding the characteristics and conditions that contribute to professional crime, as well as its recurrence, where the fight against it is an important task of society and the state. The significance of this struggle is determined by the particularly negative influence of recidivists and professional criminals on the reproduction of primary crime and, thereby, on the aggravation of the criminal situation in the country; an increase in the commission of grave and especially grave crimes, the number of which exceeds 60% in the structure of all crime. The solution of this problem is complicated by the peculiarities of the personality of recidivists and professional criminals, the persistence of their antisocial attitude; continuation of criminal activity, despite the measures taken to it; the use of decisive and skillful criminal actions; the harmful influence exerted on unstable persons, the spread of the criminal subculture. On the basis of the study, the author comes to the conclusion that an essential condition for professional crime is the fact that state and public organizations are not working hard to involve people released from places of deprivation of liberty in a morally healthy environment, to isolate them from the influence of antisocial elements. After serving the sentence, convicts are usually met with a negative attitude from society. Without purposeful work with people who have served their sentences, it is impossible to protect them from harmful contact with professional criminals who have remained at large. Encountering a wary attitude towards themselves, they begin to seek communication among their own kind, which leads to the commission of new crimes.
Gaps in Russian Legislation. 2022;15(5):413-423
pages 413-423 views

Scientific Foundations of Forensic Identification of a Personby the Iris of the Eye

Simonova S.

Аннотация

The emergence of new objects of identity identification is the impetus for the creation of new types and kinds of expertise, the basis of the systematic development of which is the accumulation and systematization of knowledge in this field, the development or improvement of existing means and methods of their research. The rapid development of identity recognition technologies based on the iris of the eye served as a kind of starting point in the study of this object. Accumulating the data of anatomy, medicine, anthropology, iridodiagnostics, technical sciences; transforming them to solve the problems of forensic examination, it is possible to obtain information about the properties, signs of the iris of the eye, which will begin the formation of the scientific foundations of forensic identification of a person by the iris of the eye.
Gaps in Russian Legislation. 2022;15(5):424-429
pages 424-429 views

Artificial Intelligence and Criminal Justice Principles: Compatibility Issues

Papysheva E.

Аннотация

The penetration of artificial intelligence technologies (hereinafter referred to as AI) into criminal justice naturally entails the modernization of legal systems, with the introduction of "smart courts", "digital prosecutors", as, for example, in China, and the increasing decision-making autonomy of AI. The aim of the study is to study the impact of AI on the fundamental principles of the criminal process. Should the use of AI be “tailored” to existing principles and norms, or should existing principles and norms be modified to accommodate AI? Based on the analysis of the principles with their development in specific norms and situations, it was concluded that the properties of AI that cause negative consequences of its use in criminal proceedings (bias, closeness (opacity), pose potential threats to the implementation of the principles of the criminal process. AI affects the basic constitutional principles and the branch principles of criminal proceedings interconnected with them.The use of AI poses a certain threat for them, entailing a violation of the constitutional rights of a person and a citizen. The purpose of this article is to draw the attention of the scientific community, the legislator, and law enforcers to the problem of dissonance between AI and the principles of criminal justice that has arisen and is growing with the development of AI technologies. In order to avoid negative factors in the use of AI, it is necessary to establish a legal regulatory framework for its use in criminal proceedings, due to the socio-technical nature of AI. Given the priority of human and civil rights, legal norms must be transformed in such a way as to ensure proper protection of the rights of citizens.
Gaps in Russian Legislation. 2022;15(5):430-436
pages 430-436 views

Features of the Production of Certain Proceeding Actionsin Respect of Lawyers

Lukyanov E.

Аннотация

Purpose of the study. The article discusses the features of the production of certain investigative and other procedural actions against lawyers, the specifics of which were not reflected in the provisions of Ch. 52 Code of Criminal Procedure of the Russian Federation. The purpose of the study is to establish the specifics of the detention of lawyers, the presentation of charges, the production of other investigative actions in the home and office of lawyers, in addition to inspection, seizure and search. Conclusions. As a result of the study, the author comes to the conclusion that it is inappropriate to introduce additional special requirements for the detention of a lawyer on suspicion of committing a crime. After analyzing the specifics of involving a lawyer as an accused, the author proposes to provide for the grounds for granting the status of a suspect to a decision on recognition as a suspect; in relation to a lawyer, it should be made by the head of the investigative body of the Investigative Committee of the Russian Federation for the constituent entity of the Russian Federation on the basis of the prosecutor’s conclusion on the presence of signs of a crime in actions of a lawyer. In order to resolve the issue of the specifics of the conduct of investigative actions in the dwelling and office premises of a lawyer, in addition to inspection, search and seizure, a proposal is made to legislatively provide for the need to produce in court permission to conduct any investigative actions in the dwelling.
Gaps in Russian Legislation. 2022;15(5):437-443
pages 437-443 views

Grounds and Conditions for Conducting a Short-Form Inquest

Lychev M.

Аннотация

The article discusses certain norms of chapter 32.1 of the Code of Criminal Procedure of the Russian Federation of the Code of Criminal Procedure of the Russian Federation, which regulate the grounds and conditions for the implementation of a short-form inquest and author's works on this issue with a view to the need to change these norms in order to better use a simplified inquest, with the use of which criminal cases are investigated for crimes provided for Parts 2 and 3 of Art. 15 of the Criminal Code of the Russian Federation. The purpose of this article is to show the need to develop the institution of inquest in a short form through a comparative analysis of the total number of criminal cases that are investigated using a short-form inquest and the number of crimes of small and medium gravity, which account for 70% of the total number of all crimes for the period from 2014 to 2021 of the year. At the same time, the article points out the need to pay attention to not the deterioration of the procedural rights of the victim, but mainly the suspect in the event of amendments, to Article 226.1 of the Criminal Procedure Code of the Russian Federation. The conclusion that was formulated as a result of the work carried out is that the contradictions that have currently formed in practice create the need to amend the norms of the Criminal Procedure Code of the Russian Federation that regulate accelerated inquest. This conclusion follows from the fact that the number of criminal cases investigated by investigators using an accelerated form of inquest is incomparably low with the number of crimes of small and medium gravity that could be investigated using this form of inquest.
Gaps in Russian Legislation. 2022;15(5):444-448
pages 444-448 views

Limitation of Freedom as Type of Punishment by Criminal Law of the Republic of Kazakhstan: Theoretical and Practical Problems

Mussali N.

Аннотация

The article is devoted to the analysis of the limitation of freedom as a type of criminal punishment in the Republic of Kazakhstan. The author shows the evolution this type of punishment after 1997, reveals the content of the punishment and identifies its differences from conditional conviction. Historical, comparative law and system-comparative methods studying social legal phenomenon methods of research have been applied. In the article is marked the content of limitation of freedom is changed due to adoption of new Criminal Code of the Republic of Kazakhstan on July 3, 2014. The legislator began to use conception «forced labour» in case of describing this type of the criminal punishment. Such amendments become the ground for theoretical and practical issues. In this connection research is being conducted of the definite positions of the criminal legislation that is concerning limitation of freedom. As a result of the appointed research lacks and faults of the criminal legislation of the Republic of Kazakhstan are revealed, which has practical significance, and also formulated conclusions and suggestions, recommendations which are allowed to eliminate marked lacks and faults. Moreover, on basis of the international experience is proposed to improve provisions regulating the punishment in the form of limitation of freedom, for the purposes to increase it’s effective.
Gaps in Russian Legislation. 2022;15(5):449-455
pages 449-455 views

Status and Possibilities of Using Materials Obtained Outside the Procedural Form in Proving Criminal Cases

Berova J., Khamgokov M.

Аннотация

Proving in criminal cases consists in the collection, verification and evaluation of evidence. This fact is of fundamental importance for making a fair decision on the case. Proving is regulated in great detail by the current criminal procedure legislation, but in practice there are a number of situations when issues related to the use of materials obtained outside the procedural form become particularly relevant. On the one hand, it is in the interests of justice to use materials of interest to establish objective truth in a criminal case, on the other hand, such situations create threats of violation of the rights of participants in criminal proceedings. The purpose of the presented research is to analyze the current status and possibilities of using materials obtained outside the procedural form in proving criminal cases. The authors come to the conclusion that by now there are very contradictory positions of the legislator, law enforcement practice and the scientific community on the stated issues. On the one hand, the non-procedural form of proof is not fully denied, and in some cases, on the contrary, finds approval as a very effective way to obtain the necessary information about the circumstances of the commission of criminal acts, on the other hand, there is no detailed regulation of the status and possibilities of using such materials in the current legislation. Attention is focused on the need to eliminate gaps existing in the current legislation in order to formulate a unified approach to non-procedural proof and improve the effectiveness of investigative judicial practice, taking into account the rights and legitimate interests of all participants in criminal proceedings.
Gaps in Russian Legislation. 2022;15(5):456-460
pages 456-460 views

The Problem of Independent Legal Regulation of Environmental Migration in Modern International Law

Al Ghanimi G.

Аннотация

The purpose of the study is consideration of the phenomenon of environmental migration in modern international law. The author analyzed the problems of independence of the complex of international legal norms on environmental migration. Also in this article, related concepts of "climatic migration" and "environmental refugees" are considered on the basis of existing international treaties. Results. In international legal science, there is still no single concept of environmental migration. However, at the level of international organizations specializing in environmental and migration issues, there is a tendency to refine this term. As a result of comparing national legal systems in terms of recognizing environmental migrants, the author comes to the conclusion that their rights are fragmented. Such an approach reduces the effectiveness of the introduction and development of a full-fledged legal protection of such persons. Thus, the author singled out the reasons for this state in the deliberate falsification of the reasons that prompted citizens to change their place of residence in another country.
Gaps in Russian Legislation. 2022;15(5):461-466
pages 461-466 views

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