Volume 15, Nº 1 (2022)

The article deals with the issues of spiritual and moral values in the Constitution of the Russian Federation. The purpose of the article is to analyze the spiritual and moral values of Russia and their reflection in the basic law of the state, taking into account the amendments made in 2020. An analysis of the amendments to the Constitution of the Russian Federation in 2020 allowed the author to conclude that there are contradictions between individual norms of the country's basic law, and therefore in the absence of continuity of spiritual and moral values among domestic political elites, in their understanding of the national idea of Russia. It is noted that Article 14 of the Constitution of Russia, which enshrines the principle of the secularity of the state, contradicts part 2 of Article 67.1 on God. The author came to the conclusion that the Constitution of the Russian Federation should consolidate ideological diversity in the presence of state ideology and a ban on aggressive ideologies. It is concluded that the amendments to the Constitution of the Russian Federation will not strengthen the spiritual and moral values of the Russian society, if these issues are not dealt with by the best representatives of the political, scientific and spiritual elite of the state. Only people who have knowledge of the customs and traditions of their people and a high legal culture can realize the cultural function of the state. In the process of further work on the text of the Constitution of Russia, it is necessary to take into account more not the world experience, but the Russian one, analyzed in the works of the classics of domestic political and legal thought. The absence of a unifying Russian idea is noted and the ways of its formation are proposed.

In the proposed article, the author considers the conceptual representation of the German political and legal thought of the 19th - the first half of the 20th centuries as a complex of ideas characterized by integrity and at the same time disjointedness. Through the integrity of general scientific methods of analysis and synthesis, the following tasks are solved: 1) Identification of the basic principles of the existence of politics and law from philosophical point of view; 2) Disclosure of the content and categorical apparatus from historical point of view; 3) Characteristics of the Marxist movement, the establishment of its advantages and disadvantages; 4) Consideration of the "jurisprudence of interest"; 5) Appeal to the methodological base of the "jurisprudence of concepts"; 6) Understanding political and legal institutions on the basis of sociology; 7) Establishment of common and different features between the analyzed areas of German political and legal thought of the specified period. Based on the results of the analysis of the main political and legal directions of German thought of the specified period, the author found out that they are similar by the absence of liberal intentions. Not a single movement, not a single paradigm and school resorted to the issue of human rights, democratic freedoms and the limitation of state arbitrariness by legal prescriptions. The following are distinguished as differences: 1) Philosophers made attempts to establish the ethical and substantive principles of politics and law, which was not the case with representatives of other directions; 2) Different views on the nature of the state: from apologetic and legitimist to pragmatic and critical; 3) For some authors, the state and law were considered part of a larger community, for others - an independent object; 4) Some authors singled out a monofactorial determinant of political and legal development, others used a multifactorial analysis; 5) The followers of some movements tried to predict the future on the basis of a biased analysis of the past and present, others made an attempt at a realistic appeal to political and legal matter. In conclusion, the article focuses on those achievements of the German political and legal thought of the 19th - the first half of the 20th centuries, which began to have a timeless character.

The article of the study of the activities of illegal financial market participants is related to the increasingly frequent cases of illegal attraction of funds in the form of cyber fraud, unfair practice of selling financial services through financial pyramids or illegal professional participants in the securities market. Therefore, the main purpose of the article will be to study the legal regulation of the categories «illegal financial market participant», «financial pyramid», characteristic features of illegal financial market participants, the first manifestations of financial pyramids in world history. Particular attention is paid to the leading role of the Bank of Russia in identifying this category of entities, including the initiatives of the Bank of Russia regarding the purity of the activities of financial market entities. In conclusion, the most effective tools and methods for suppressing illegal activities of illegal financial market participants, educational activities of the Bank of Russia in terms of financial literacy of citizens, the use of preventive response measures and the implementation of new international principles of currency control, allowing to increase the transparency of the fair work of financial and foreign exchange market participants, as well as the problematic and most acute, currently unresolved issues of modern legislation in relation to illegal financial market participants.

Purpose of the study. The article discusses conceptual approaches to the qualification of the scientific and legal definition of "tourist region". From a research position, the shortcomings and advantages of the points of view formed in the scientific community on the category under study are analyzed. Conclusions. As a result of the study, the author comes to the conclusion about the advantages of the geosystem approach, based on the system of interaction of various industry elements directly or indirectly related to the production and / or sale of the tourist product. The author rightly emphasizes the relevance and necessity of using, within the framework of the geosystem concept, the key principles of geohistorical zoning. Thus, the study substantiates and formulates an integrated approach to the study of the scientific and legal meaning of tourist definitions, which consists in synthesizing the most effective elements of the system-spatial and historical-cultural concepts. In international and domestic practice, such terms as "region" and "destination" are used to designate a specific tourist area. The analysis carried out allows us to assert that, taking into account the legal features of the federal division of the Russian state, the most acceptable designation in the legal field is the category "region", which is a natural administrative unit, identified as a subject of the Russian Federation, having an established specialization, which is personalized object of statistical accounting. Taking into account the research carried out, the work formulates the scientific and legal content of the subject of research, which includes socio-economic, geopolitical, administrative and territorial criteria for characterizing the tourist region.

The purpose of the study is to improve the organization of the management process in institutions of the Federal Penitentiary Service, with changes in the type of institutions, their goals and objectives. Research methods: using a combination and a complex of general scientific approaches and dialectical methods of cognition of social phenomena and processes, allowing for induction, analysis and synthesis, contributing to obtaining formulated conclusions on the purpose of the study. The article analyzes the functioning of the penal system of the Russian Federation, as well as the state and problems of modern management of institutions and bodies of the penal system of the Russian Federation. The author suggests promising directions for the development of the activities of the penal enforcement system of the Russian Federation, taking into account the most valuable capital of the social (state) management system of «man». Conclusion. For decades, the reform of the penal enforcement system of the Russian Federation, without changing the tasks of the subject, the object of management, it is impossible to achieve its improvement at the present stage.

The article examines the issues of the personality of a professional criminal, the reason and mechanism of his behavior, the conditions for the formation of selfish motivation, antisocial orientation, lifestyle and psychological attitudes. Consequently, on the basis of personality typology, we can talk about various areas of study of professional criminals and this applies not only to the general type, but also to specific categories of persons - minors, recidivists, men, women, etc., when signs of a private order are taken into account. A crime committed in a certain way not only makes it possible to talk about the individual manner of the perpetrator, but also indicates the type of the offender. Therefore, in order to deeply study the personality of a professional criminal, it is necessary to know the typical in such persons. When studying the personality of a criminal, the peculiarity of the typology lies in the fact that the subject of cognition is not a separate personality or strictly differentiated groups of criminals, but the unity of the essence of the personality forming properties and characteristics determined by objective conditions. The purpose of the presented study is to consider the issues arising in this area regarding its external social factors that determine the personality of a professional criminal. Analyzing the connection of a professional criminal with an asocial environment, it becomes clear that a person who has embarked on a criminal path refuses generally accepted social norms of behavior. It acquires completely different features characteristic of a particular antisocial group. The systematic conduct of an antisocial way of life causes a psychological need in the criminal to communicate with the environment, which is close to his own idea of the way of life. On the other hand, the very existence of this environment often determines the further behavior of the criminal. It is in this environment that such individuals find support, moral incentives and experience. The relationship of the criminal with the criminogenic environment is more vividly observed in the forms of his communication with others. He can be a member of a criminal group, visit places of gatherings of criminal elements, keep in touch with other criminals, etc. Only in the criminal environment do professional criminals find support and protection from both law enforcement agencies and the surrounding criminal environment. Based on the study, the authors come to the conclusion that crime is a social phenomenon inherent in any society. The sociality of crime is negative and interferes with the normal development of the social organism. By its nature, crime is practically antisocial, and its causes are rooted in the defects of social development, in the disorder of the social mechanism of society. Parasitizing on the disharmony of social development, crime intensifies it, further exacerbating the negative processes taking place in society, decomposing society from the inside and causing new factors to stimulate the growth of crime. Speaking about professional crime, we must take into account that it is generated by the same reasons as crime in general, as a social phenomenon. The influence of the subculture on recruiting the ranks of professional criminals is possible only with the weakening of the economic, social and moral institutions of society.

The purpose of the study is to present an updated interpretation of the object and subject of the crime under Art. 200.3 of the Criminal Code of the Russian Federation, to determine the prospects for optimizing Art. 200.3 of the Criminal Code of the Russian Federation. On the basis of the study, the author proves that the direct object of the crime under Art. 200.3 of the Criminal Code of the Russian Federation, has a complex structure: the main object is public relations related to the attraction of funds from citizens for the shared construction of apartment buildings or other real estate; an optional additional object is the property interests of participants in shared construction. Article 200.3 of the Criminal Code of the Russian Federation does not recognize the funds of legal entities as the subject of a crime, although in accordance with Federal Law No. 214-FZ of December 30, 2004, legal entities are recognized as full participants in shared construction along with citizens (with individuals). Whitespace Art. 200.3 of the Criminal Code of the Russian Federation in terms of the impossibility of bringing to responsibility for illegally attracting funds from legal entities for shared construction entails diverse negative consequences: firstly, it leaves the rights and interests of legal entities in the field of shared construction without proper criminal law protection; secondly, it creates risks of illegal criminal prosecution of developers who unlawfully attract funds from the organization for shared construction. The article emphasizes that law enforcement filling the gaps in Art. 200.3 of the Criminal Code of the Russian Federation through the application of criminal law by analogy (due to a more repressive rule on liability for fraud) is unacceptable. The contradiction between the public danger of the act in question and the construction of Art. 200.3 of the Criminal Code of the Russian Federation requires legislative permission by expanding the subject of the corresponding crime.

Task: comparative legal analysis of features structure, form and content of the norms that make up the institution of expert opinion in criminal procedure legislation. Revealing tendencies of their development. Methods: formal legal, comparative legal. Results: formulated conclusions and proposals concerning the improvement of the institution of expert opinion in criminal procedural law. It is concluded that in future legislation, preference should be given not to conceptual, but to regulatory formulations.

The Republic of Kazakhstan is in a state of global reform of legislation in the field of regulation of the activities of law enforcement agencies, whose activities are directly or indirectly related to countering emergency situations of a social nature. The creation in September 2020 of the Ministry of the Republic of Kazakhstan for Emergency Situations led to the reform of the Ministry of Internal Affairs of the Republic of Kazakhstan with the removal from its structure and the termination of the existence of the Committee for Emergency Situations - on its basis, in fact, a profile ministry was created. Changes in the system of state-power structures, the functional component of which includes counteraction to emergencies in general and of a social nature in particular, require revision of the current Kazakh legislation in this area to achieve a balance and effective implementation of current tasks with the prospect of further development and improvement of the organizational and structural mechanism activities and information and legal mechanism of public management of the activities of such bodies and services with the specification of the direct functionality of the internal affairs bodies of the Republic of Kazakhstan in this area. An attempt to implement the above is implemented in the presented publication.

Considering the organization and tactics of working with certain traces from a forensic point of view, it is necessary to understand that there is a division into forensic and forensic activities. Of particular practical importance in the identification, disclosure and investigation of economic crimes committed with the use of high technologies is the collection of computer traces at the stage of search and cognitive activity, which largely corresponds to forensic expertise. Which traces will be found at the scene of the incident will depend on which of them will be sent for research in laboratory conditions, which is largely determined by organizational and tactical considerations. At the same time, it is worth paying attention to the compliance of practical realities and the legal regulation of the participation of a specialist in the detection and removal of computer traces. A special place in working with computer traces is occupied by the level of training of employees of forensic and operational units, investigators and interrogators when working with computer traces, the relevance of the methodological recommendations used in this case, as well as technical equipment. That is why discussions on the creation of specially trained specialists for working with high technologies are currently becoming particularly relevant.

The purpose of the study. The proposed research examines both the general theoretical aspects of the use of the terms implementation and transformation in domestic law, and the correlation of the content of these terms with each other. The article analyzes the provisions of the Vienna Convention on the Law of International Treaties (concluded in Vienna on 23.05.1969) and the norms of Federal Law No. 101-FZ dated 15.07.1995 "On International Treaties of the Russian Federation", which determine the procedure for introducing the norms of international law into the system of national legislation. The specific ways of transformation (implementation) of international legal norms characterizing the stage of giving final consent to the implementation of the norms of international law are investigated: ratification, approval, acceptance or accession to an international treaty. The theoretical and normative aspects of the ratification procedure are analyzed in detail, the legal essence and role of the Federal Assembly of the Russian Federation in its implementation are revealed, and the specifics of this kind of process in the Republic of Kazakhstan and in Russia are compared. Special attention is devoted to the analysis of acceptance and approval procedures as elements of transformation. Their legal features, subject composition, some aspects of the registration and entry into force of the norms of international law on the territory of the Russian Federation in their implementation are revealed. The problems of the correlation of the legal force of the norms of international law implemented on the basis of different methods of transformation are presented, as a result of which certain critical remarks are made about their consolidation and classification in domestic legislation. We believe that these arguments will contribute to the improvement of both the content of normative acts and law enforcement practice in the analyzed area of public relations. Conclusions. As a result of the conducted research, the authors draw an unambiguous conclusion - it is necessary to more accurately and in detail determine the content and procedure for implementing the implementation procedures established in Federal Law No. 101-FZ of 15.07.1995 "On International Treaties of the Russian Federation". Such a measure will allow, firstly, to summarize the long-term scientific discussion on these issues; and, secondly, it will clarify and eliminate possible abuses in the practical implementation of the norms under consideration. At the same time, it is proposed to use the positive experience of the Republic of Kazakhstan in terms of conducting scientific examinations of draft federal laws on the ratification of international treaties for their compliance with the norms of not only national, but also international law.

The purpose of the research. The article deals with the category of motive as a complex object of knowledge of various scientific specialties. The main attention is paid to the study of motives in criminal law. Criminal motives were deeply and fully revealed by Aristotle. In general theoretical terms, the problem of motives and goals in criminal law was developed by domestic scientists in the 19- th. century, and these studies continue in the modern period. Conclusions. As a result of the study, the author comes to the conclusion that the essence of the motive cannot be comprehended without understanding such phenomena similar to the motive as needs and interests, values, and criminology also adheres to this point of view. Of great importance for the formation of motives is the assessment of the probability of achieving goals. The motive forms the final decision and carries information about the needs and incentives of the situation that has arisen, their mutual correspondence. In the motive, it is necessary to distinguish between what comes from the personality, from its stable (that is, formations and situations independent of circumstances) motivational formations, and what we discover as needs.

The purpose of the study. The article considers the phenomenon of the crowd, its psychological impact on a person. The characteristic of group violations of public order and mass riots is given. The public danger and the actions of an uncontrollable crowd of people and the creation of a tense situation in a certain area are revealed. It also reveals the practice of psychological preventive measures of internal affairs bodies aimed at combating mass riots at public events. Results: The use of psychological aspects in the framework of preventive and preventive actions in ensuring public order at public events is necessary in order not to violate the foundations of public administration in matters of public order and public safety. Consequently, in order to prevent the paralysis of the activities of the authorities and management, it is necessary to focus in advance on carrying out preventive and preventive measures aimed at ensuring law and order at public events. Such actions make it possible to control the socio-political situation and be able to stop illegal actions of certain groups of persons at public events in a timely manner.