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卷 13, 编号 5 (2020)

Articles

The attitude of Russian society towards the police and its employees in the first half of the 19th century

Lukyanov S.

摘要

The article examines the opinions, judgments and assessments of the activities of the police and police officers of the Russian society of the first half of the 19th century. The author made an attempt to identify the causes and origins of negative judgments about the police and its employees in the public consciousness. In his view, negative assessments of the police had come primarily from the highest government authorities, which had not taken drastic measures to improve the state of the police bodies. On the other hand, criticism of the police was constantly carried out by the liberal part of the intellectual elite in order to discredit the autocratic monarchy.
Gaps in Russian Legislation. 2020;13(5):17-23
pages 17-23 views

The penitentiary system: looking through the century - 1910 - 2010

Shurukhnov N.

摘要

in article the Report of the Head Prison Department of the Russian Empire for 1910 state-of-the-art reviews, references, materials of boards of FSIN of Russia (about the organization of the mode and supervision in pre-trial detention centers and prisons, about a condition of the mode and supervision in IK, LIU, MPI of penal correction system), instructions of the Ministry of Justice of the Russian Federation of 2010 are analyzed. A comparative legal analysis is carried out of the results of the activities of the Main Prison Administration of the Russian Empire and the entire Federal Penitentiary Service of Russia for 1910 and 2010, as well as promising measures for subsequent years. As a result of an analytical study of certain areas of activity of prison systems, specific knowledge was obtained about problems and ways to solve them in 1910 and 2010.
Gaps in Russian Legislation. 2020;13(5):24-29
pages 24-29 views

Investment: the term and concept

Shpinev Y.

摘要

Attracting investment in the real sector of the economy is currently an urgent task for any state. To solve this problem in our country, it is necessary, among other things, to develop transparent investment legislation, including unambiguously defining the concept of investment. The article examines the nature and distinctive features of the term as a special unit of language, as well as the relationship between the term and the concept. Objective: to identify the relationship between the term and the concept of relative in three areas: in General, in linguistics, in law, and directly in relation to investment. To achieve this goal, scientific approaches to this problem are analyzed by linguists and it is concluded that in modern research, the term is understood as a word or phrase denoting the concept of a special field of knowledge or activity. Attention is drawn to the existence of different opinions about the relationship between a legal term and a legal concept, and it is also noted that despite some peculiarities, the General knowledge about terms and concepts obtained and formulated by linguists fully applies to legal concepts and terms. Analyzing the concept of investment, as well as the use of the term investment in current laws and scientific reports, the author concludes that to date, neither regulatory documents nor the scientific community has developed a unified approach to the concept of investment. In conclusion, as one of the directions for understanding investment, we offer a more detailed consideration of investment at the time of its origin and formation, during the English industrial revolution.
Gaps in Russian Legislation. 2020;13(5):30-37
pages 30-37 views

Police and society in the Russian empire of the XVIII century

Razmakhov K.

摘要

The purpose of the article is to study the features of the personnel of the police bodies and institutions of the Russian Empire in the XVIII century, as well as the specifics of public opinion and evaluation of the activities of the police and police officers in this period of time. On the basis of a systematic historical and legal analysis, an objective assessment of the activities of police bodies and institutions in Russia of the XVIII century is given, and the reasons for negative judgments about the police and police officers formed in the public consciousness are revealed. The author shows that the negative perception of police activity by the population is a consequence of the process of centralization of state power within the framework of the formation of absolutism. This process inevitably generated an aggravation of social contradictions and a powerful social protest of the General population, as well as criticism from the representatives of the nobility.
Gaps in Russian Legislation. 2020;13(5):38-43
pages 38-43 views

The police and society of the Russian empire in the post-reform period

Tarasova I.

摘要

The purpose of the article is to study the relationship between the Russian society and the police of the Russian Empire in the post-reform period, to understand the reasons for the negative assessment of the police. The research object is the relations related to the Russian public's assessment of the activities of police. At the same time, the subject of research is the materials of periodicals that represent the opinion of the educated part of the population of the Russian Empire about the activities of the police and criticism, including constructive. In the framework of the research methodology, using historical-legal, comparative-legal and comparative-historical methods, the analysis of the assessment of the activities of the police by the Russian society after the bourgeois reforms was carried out. Based on a number of facts, the author shows that the negative perception formed decades ago by a significant part of society of state bodies performing police functions is firmly rooted and continues to operate in the modern public consciousness. As historical experience shows, in pre-revolutionary Russia, there were also deeply rooted myths about the police and institutions that influenced the negative assessment of their activities by the public. It is concluded that although the negative attitude of the population to the activities of the police in the post-reform period had a real basis, in most cases it was formed artificially because of the influence of opponents of the existing system.
Gaps in Russian Legislation. 2020;13(5):44-49
pages 44-49 views

Factual systems in law: formation of a concept and meaning

Tsukanova E.

摘要

This article analyzes the formation of the concept of factual systems in law, as well as their meaning in the process of lawmaking and law enforcement. The prerequisites for the systemic representation of legal facts within the framework of large «sections» of public life are investigated. It is concluded that the theory of factual systems is an integral part of the doctrine of legal facts. The development of this theory plays an important role in lawmaking, allowing you to streamline legal norms. This, in turn, will facilitate the process of legal qualification, which is important in the process of implementing regulatory guidelines.
Gaps in Russian Legislation. 2020;13(5):50-53
pages 50-53 views

The specifics of the implementation of law enforcement activities during the development of soviet society

Adaeva O.

摘要

Objectives: the importance of legal education in state and public activities during the Soviet period of development of the domestic state is determined; the problem of the gap between the provisions declared in the Soviet society regarding the implementation of law enforcement activities and the mechanism for their implementation is investigated; the main forms and means of legal education are studied and the most effective of them capable of forming a high level of legal awareness are identified; the characteristic of the main subjects of the Soviet law-enforcement activity is given. Conclusions: in the Soviet society at the state level significant attention was paid to legal education; certain means of implementation of legal education were not effective enough; there were problems with the distribution of powers between subjects of legal education; it is necessary to take into account the past experience of the political and legal development of the state in order to build an effective mechanism of the law educational activity.
Gaps in Russian Legislation. 2020;13(5):54-57
pages 54-57 views

The reign of Catherine II, its transformation in the field of state and law

Zhulanov A., Kankulov A.

摘要

The authors in the article consider the reign of Catherine II, her transformation in the field of state and law, as one of the most important historical periods for the Russian Empire. The article analyzed the decrees of the empress, as well as the textbooks of a large number of historians. The purpose of the work was to study the period of the reign of Catherine II and to structure the transformations carried out by the empress during the reign, to highlight the strengths and weaknesses of the empress. A comparative analysis of the period of the reign of Catherine II and her wife Peter III provides an opportunity to trace how the Russian Empire changed during the reign of Catherine the Great. The authors share the transformation of Ekaterina Alekseevna into reforms carried out in the field of state government and reforms carried out in the field of law. After the analysis, the authors of the article draw a parallel between the strengths and weaknesses of Catherine the Great by presenting the changes that have occurred during this period. An analysis of the statements and opinions of historians and contemporaries about Catherine the Great gives the full image of the empress, complementing the unexplored sides. The authors have concluded the significance of the reign of Catherine II for the history of state and law. The reign of Catherine the Great is rightfully recognized as one of the happiest times of the Russian Empire. Catherine makes a breakthrough in the field of education, issues of law under Catherine distinguish the role of the nobility in the Russian Empire, the term favoritism is introduced. The material presented in the work is a continuation of a series of articles by the authors aimed at filling historical knowledge, enriched with new facts and research approaches.
Gaps in Russian Legislation. 2020;13(5):58-63
pages 58-63 views

Transformation of the Russian model of the welfare state: trends and development prospects

Glotov S., Aleshkova I.

摘要

The purpose of the work is to analyze the principles that form the basis of the Russian model of the social state. The authors set the task to note the value of the well-forgotten principles of constitutional law that are significant for the sustainable development of the Russian model of the social state. As a result of the study, the authors emphasize that the principles that form the basis of the social model of the welfare state are a key segment and an important component of the Russian concept of general welfare. The system of these principles is original, at the same time it is unstable and, accordingly, this circumstance makes it difficult to form an optimal social state model for Russia. For Russia, with its unique characteristics and history of development, a model of social policy is acceptable, within which the optimal number of prerequisites and conditions will be achieved that would allow building a unique system of social relations in the state. Through principles as regulators of social relations, it is possible to effectively implement the concept of the welfare state, which would satisfy the social demand of Russian society. At the stage of development of a new unique model of the welfare state, it is the principles, as regulators of social relations that have an integrative nature, that can allow maintaining parity of interests in the chain of man-society-public power, where man is the highest value and creating a model of sustainable development of social policy. The authors emphasize that the importance of principles as tools for the harmonization of social relations is continuously growing on the basis that they combine constitutional and legal and moral and ethical values in their content. In the evolution of the modern Russian social security system, there is a tendency to return to the "old", unreasonably forgotten principles that are important for the formation of an optimal model of the welfare state.
Gaps in Russian Legislation. 2020;13(5):64-69
pages 64-69 views

The mass media as participants in the election process of the Russian Federation

Gelyakhova L., Shigalugova M.

摘要

The electoral process in the Russian Federation is one of the most dynamically developing spheres of life of the state. This is due to the fact that the institution of elections is very important for a modern democratic society. Taking into account the active informatization and digitalization of modern Russian society and the state, the activities of the mass media are of significant importance now. They simultaneously perform several functions in the Russian electoral process, and at present there is an urgent need for a comprehensive and complete regulation of the organizational and legal features of their activities. Over the past ten years, television channels and television programs have played an important role in the election campaign process. The purpose of this work is to analyze the participation of the media in the Russian electoral process. The authors come to the conclusion that at present the mass media perform a number of functions that are of particular importance for the institution of elections in Russia. Legal gaps are highlighted in relation to differences in the content of the concept of "mass media", which is used in the legislation of the Russian Federation, in connection with which the author's proposals are formulated to improve the current electoral legislation.
Gaps in Russian Legislation. 2020;13(5):70-73
pages 70-73 views

Some aspects of the use of distributed ledger technology (blockchain) in relation to real estate transactions (contracts, etc.): the experience of Russia and foreign countries

Belikova K.

摘要

This article is aimed at identifying the approaches of a number of foreign countries that are being implemented to address the issues of using distributed ledger technology (blockchain) in relation to real estate transactions, and some aspects of the situation in Russia. The starting point of the research is the currently observed creeping networking - the establishment of non-market communication, which is beginning to replace purely monetary regulators in the economy, law and other spheres of the life of the society. In this format the article analyzes approaches of foreign countries that create patterns of permissibility and assent of different applications of distributed ledger technology (blockchain) in relation to real estate transactions (sale & purchase contracts, leases, etc.), the potential of such an application and the existing legal (including mentality, tradition, etc.) basis based on analytical reflections on the information gathered from sources and literature from the list of references. The author reveals the dependence of the permissibility (acceptability, acceptance, etc.) of using distributed real estate ledgers in foreign countries on the degree of involvement of the intermediary (Registrar of rights, etc.) in real estate transactions and the notary system in force in the country. The relevance, theoretical and practical significance of such a research is due to the fact that a number of approaches to legislation can be useful in finding answers to similar questions related to the understanding, development and adoption of a similar approach by our country, and the fact that this study serves to fill in the existing gap in the coverage of legal and other approaches of foreign countries in the field under study in the modern period. The author's results are presented among others in the idea that the more types of real estate registration in the countries under study are not required, the better space for implementing blockchain-based transactions will there still be. This prospect, however, is negated by the desire of the parties themselves to register transactions & contracts that according to law does not need any registrations in order to create a legal certainty regime for themselves.
Gaps in Russian Legislation. 2020;13(5):74-82
pages 74-82 views

The place of the inheritance fund in the system of organizational and legal forms of legal entities

Belyaev R.

摘要

The article is devoted to determining the place of the inheritance аund in the system of organizational and legal forms of legal entities. The legislator categorically attributed the inheritance fund to non-profit unitary organizations, in particular, to the fund. The features of the traditional fund analyzed in the article in relation to the inheritance fund allowed us to formulate a conclusion that does not allow us to fully attribute the inheritance fund to legal entities created in the organizational and legal form of the fund. The only generalizing feature-the absence of membership - cannot be considered as a sufficient reason for attributing the inheritance fund to this form of legal entities. The inheritance fund should occupy a separate place in the system of legal entities. The current structure of the inheritance fund is generally acceptable for unitary organizations in which there are no rights of participation. However, the inheritance fund should be classified as a non-profit organization.
Gaps in Russian Legislation. 2020;13(5):83-87
pages 83-87 views

The concept of «agricultural producer» in the Russian legislation

Kudryavtseva L., Alexandrov S.

摘要

The article will analyze the Russian legislation that regulates the legal status of agricultural producers. The aim of the work is to study the concept of "agricultural producer". The relevance of the work lies in the fact that an agricultural producer is one of the established participants in entrepreneurial relations in the Russian Federation and, due to the specifics of its activities, requires additional attention, including from the side of studying the very concept of "agricultural producer".
Gaps in Russian Legislation. 2020;13(5):88-91
pages 88-91 views

On the question of the optimal model of labor relations in the context of digitalization

Dzhioev S.

摘要

The purpose of the work is to formulate proposals aimed at optimizing labor relations. As a result of the study, it is noted that the principles that form the basis of labor legal relations are effective regulators in the context of digitalization. Based on the analysis of the emerging legal regulation and practice of using new information technologies in the field of labor legal relations, the author identifies a number of trends: the intensification of the use of IT technologies in the implementation of labor relations; modernization of legal regulation in the field of organization of labor relations, corporate governance and electronic document flow between participants in labor relations; improving guarantees and mechanisms for protecting the rights of workers. The author highlight a number of important elements in the formation of an optimal model of labor legal relations in the Russian digital society, drawing attention to the fact that it is unacceptable to worsen the working conditions of employees in the course of remote work, the importance of increasing the level of labor safety; it is necessary to provide high-quality provision of effective state protection of workers' rights in the context of an intensively developing information society and support the development of electronic literacy of workers, remove obstacles and create the right incentives for the development of human capital; the formation of universal principles for the implementation of the strategy for the development of labor relations and the implementation of coordinated actions to create the safe use of IT technologies in the implementation of labor activities is significant, and also the development of the concept of social partnership should be intensified. At the same time, emphasizing the importance of transforming the legal regimes of working hours, labor protection, rest, guarantees and compensation for workers in creating an optimal Russian model of labor legal relations in a digital society.
Gaps in Russian Legislation. 2020;13(5):92-96
pages 92-96 views

«Electronic work record card»: concept, aftereffect of their implementation

Zubova A.

摘要

The purpose of the study: starting from January 1, 2020, Russia starts using of electronic registration of work experience. This process is known as «electronic work record card». The article analyzes the correctness of this term. The author examines the positive and negative aspects of electronic labor registration. Conclusions: it is proposed to bring the conceptual framework into compliance at the legislative level (introduce the term «electronic work record card»), otherwise employees may misunderstand the process of forming information about their work in electronic form. Certainly, the process of electronic recording of work experience has many advantages, but the practice of applying this experience has also shown its disadvantages. The problem of digital development is seen in the fact that employees do not have adequate information about the transition to digital labor registration. First of all, employees are not explained what the pros and cons of this transition are as well as there is no understanding of the difference between a paper work record and information about the work of a registered person, which are maintained in electronic format. It seems that this kind of information should be provided by employers who receive it from public authorities. In addition, labor relations in the modern world cannot exist qualitatively without the introduction of digital systems and the transition of recording an employee's labor activity to an electronic format is only the beginning of the digital way. However, we can already see the problematic aspects of this process, which cannot be eliminated without the intervention of the legislator.
Gaps in Russian Legislation. 2020;13(5):97-100
pages 97-100 views

Land plot from the forest fund lands as an object of use

Kovyrshina E.

摘要

This article examines the features of the use of land plots from the forest fund lands. The concepts of «land plot from the forest fund lands» and «forest plot» are compared, the dependence of the types of permitted use of land plots from the forest fund lands from the types of forest use carried out on such land plots is determined. The correlation between the principle of multipurpose use of forests and the possibility of implementing various types of permitted use of a land plot by several users on one land plot from the forest fund lands has been carried out.
Gaps in Russian Legislation. 2020;13(5):101-108
pages 101-108 views

Main directions for improvement to legal regulation of the management of mining waste

Ignatiev D.

摘要

The use of mining waste is not only an urgent need in order to reduce their negative impact on the environment, but also a very promising source of minerals in conditions when the characteristics of mineral reserves is deleted. Previous work has shown that the existing legal regime for handling mining wastes does not fully take into account the specifics of the origin, storage and use it. This is a significant obstacle to their active involvement in economic circulation. In this article, the main reasons for the problems in the existing legal regulation of mining waste are analyzed. At the same time, the main ways of improving legal regulation in this area are considered, as well as the current state of legislative activity.
Gaps in Russian Legislation. 2020;13(5):109-120
pages 109-120 views

Delineation problems a single complex and multiple crimes

Omelin V., Bazarov R.

摘要

The purpose of writing research work. This scientific article aims to identify the signs of isolated complex crimes, allowing them to distinguish from multiple crimes, to develop proposals to improve the criminal law in terms of the issues under study. Findings from the study. In the case of multiple crimes, each of the acts is subject to qualification under a separate article of the criminal law (a separate part of the article). The criminal law provides for two main types of multiple crimes - the totality of crimes and recidivism of crimes, as well as several of their subspecies. For the correct qualification, multiple crimes should be distinguished from single crimes, which recognize socially dangerous acts containing the composition of one crime. Individual crimes can be simple and complex. The latter have similarities with multiple crimes. Although there are a number of rules in criminal law that provide for ongoing and continuing crimes, there are no legislative definitions of their concepts. The paper formulated a proposal to supplement chapter 3 «The concept of crime and types of crimes» of the Criminal code with norms containing definitions of the concepts of a single simple crime, a single complex crime, a continuing crime, a composite crime, crimes with alternative actions. It is also proposed to supplement chapter 10 «Sentencing» of the Criminal code of the Russian Federation with the rules that if a person has been convicted of a continuing or ongoing crime, and then the person continued to commit it after the sentencing, on which he was convicted, but has not yet served a sentence, then in the conviction for a for-ongoing or continued crime and the second sentence, the court must impose less stringent criminal sentencing, than is provided for multiple crimes.
Gaps in Russian Legislation. 2020;13(5):121-126
pages 121-126 views

Draft new criminal code of the Russian Federations. Special part. Chapter XIV. Crimes against the security of humanity

Malinin V.

摘要

This article is a continuation of a series of articles on the draft new Criminal Code, developed by the author on the basis of the published “Encyclopedia of Criminal Law” in 35 volumes, about 500 scholars from Russia and other countries are involved in writing it and the author has studied 75 foreign codes. The concept of the draft new code and the first five chapters were published in issues 4-6 for 2017 and 1-3 for 2018. Journal of the Library of Criminal Law and Criminology, 6-8 - in 2-4 issues of the Journal of Legal and Economic Studies for 2018 9-13 - in the specified magazine for 2019 and 1-4 for 2020. This article addresses crimes against humanity. Their peculiarity is that they at the same time encroach on the interests of many people, which leads to the adoption of international agreements, the participants of which commit themselves to stipulate criminal liability for these types of crimes in their national legislation.
Gaps in Russian Legislation. 2020;13(5):127-131
pages 127-131 views

Major aspects of establishing and implementing criminal liability for terrorist activity training

Reshnyak M.

摘要

Research objective. The present study aims at identifying and reviewing the problems of legislation, theory and practice that arose in connection with the introduction in 2013 of Article 2053 of the Criminal Code of the Russian Federation and the subsequent application of this criminal provision. This Article considers the formulation of reasoned proposals for improving criminal legislation in the counter-terrorism field and related law enforcement activities. Conclusions. Based on the results of the study, the author came to the conclusion that the requirement of legal certainty of criminal prohibitions as well as systemic linkages with other articles of Chapter 24 of the Criminal Code of the Russian Federation on responsibility for crimes of terrorist nature as well as with the provisions of the General Part of this Code governing preliminary conspiracy and complicity in a crime, were not fully accommodated when supplementing the criminal law with this provision. The author formulated specific proposals and recommendations in order to resolve a number of problems encountered in this field.
Gaps in Russian Legislation. 2020;13(5):132-136
pages 132-136 views

Criminal policy in the field of combating crimes related to the rehabilitation of Nazism

Kumysheva M., Gelyakhova L.

摘要

The criminal policy of the Russian Federation is currently aimed at protecting the state and society from various types of criminal encroachments. Nazism is one of the most dangerous social phenomena. Since the introduction of criminal liability for crimes related to the rehabilitation of Nazism, the composition in question has been one of the most controversial in criminal law science. There are verdicts that have entered into legal force on the conviction of committing the provisions of Art. 354.1 of the Criminal Code of the Russian Federation. However, there are complaints about sentences to the European Court of Human Rights. The effectiveness of the law enforcement level of criminal policy in the implementation of Art. 354.1 of the Criminal Code of the Russian Federation is subject to doubt due to a significant number of contradictions in this provision. In this connection, the main purpose of this article is to consider the features of criminal policy in the field of combating crimes related to the rehabilitation of Nazism. The authors also examine the international legal framework for counteracting the rehabilitation of Nazism. The article identifies three areas of counteraction to the considered type of crime. The authors also note that in the current legislation there is a significant number of contradictions and problems in the qualification of crimes associated with the rehabilitation of Nazism. The special significance of this corpus delicti makes it possible to conclude that there is a need for special continuous professional development of personnel in law enforcement and the judicial system.
Gaps in Russian Legislation. 2020;13(5):137-140
pages 137-140 views

Some reflections on the problems of power abuse qualifications

Manukyan A.

摘要

The article analyzes the corpus delicti under Art. 285 of the Criminal Code of the Russian Federation. This norm establishes liability for abuse of office. According to statistical data, the share of such crimes in the general system of crimes is small, but the importance of considering the problems of qualifying such acts is great. The author pays special attention in the article to the consideration of the qualifying sign of abuse of office - grave consequences. It should be noted that the criteria for determining "grave consequences" have not yet received proper unification by the legislator. In addition to the fact that abuse of office is in itself a very serious crime, the grave consequences that can occur when such illegal acts are committed can increase the harm several times. The author notes that the abuse of office is generally similar to other crimes, in connection with which the article analyzes the general and distinctive features of related offenses, in particular Art. 201, 286, 293 of the Criminal Code of the Russian Federation. A conclusion is drawn about the need for a careful approach of law enforcement officers to the analysis of objective and subjective signs of an act being committed for the correct qualification of actions (inaction) that encroach on state power or the interests of state or municipal service.
Gaps in Russian Legislation. 2020;13(5):141-144
pages 141-144 views

International terrorism as a form of response to the overestimated dynamics of the globalization of society

Tarchokov B.

摘要

The purpose of this study was to examine three fundamental concepts of globalization: geopolitical, socio-economic and ideological processes that led to the growth of world terrorism. The tasks of the study are to analyze both the positive and negative consequences occurring at the present stage, influenced by dynamic globalization processes and which have found their reflection on the development of society in a very multidimensional way. In particular, the study focuses on the impact of the active development of information systems, the liberalization of border regimes, the simplification of the cross-border movement of financial resources, the intensive desire of a number of States for the global and regional dissemination of their cultural and legal values, which have led to the development of international terrorism, as well as its qualitative transformation, when it has reached the world level within certain national borders. The most typical crime in these circumstances was transnational organized crime, which became the trigger for international terrorism. And it is noteworthy that global actors in this process acted in a hidden (latent) form. Conclusions: in the framework of the study, we conclude that the dynamics and concepts of globalization have not softened, but on the contrary, increased world inequality, creating additional opportunities for capitalist elites and, thereby, provoked the growth of international terrorism. And, apparently, its decline may be due to the curtailment of globalization processes, which today does not seem so incredible when the whole world has witnessed the crisis of neoliberals and the world capitalist system.
Gaps in Russian Legislation. 2020;13(5):145-148
pages 145-148 views

Current problems of application of suspended sentence under the law of Russia

Fakov A.

摘要

The existing Russian criminal legislation is currently developing rapidly, which can be characterized by two opposite trends. The first trend is directly related to the humanization of legal prescriptions: at present, new criminal law enforcement measures are being introduced for crimes that pose an insignificant public danger. At the same time, in the Russian criminal legislation and law enforcement practice, there is a significant increase in criminal responsibility for committing certain crimes, for example, crimes of terrorist and extremist nature, etc. One of the main ways to liberalize the current Russian criminal policy is to expand the spheres in which the use of alternative measures to imprisonment is allowed. These measures, as a rule, have the goal of protecting the interests of not only the offender, but also generally have a positive effect on the development of society, since the effectiveness of punitive criminal legal measures does not always contribute to the achievement of the goals of applying criminal punishment. This impact is especially doubtful in cases when it comes to criminal acts that do not pose a significant social danger. In this context, the development of the institution of suspended sentence in Russian legislation and law enforcement practice is of interest. The purpose of this work is to identify current problems in the application of suspended sentence under Russian law. The author comes to the conclusion that there are a number of law enforcement problems that affect the effectiveness of the use of suspended sentence. Special attention is paid to the problem of recidivism in case of suspended sentence and the issues of evasion of compensation by convicts for harm caused as a result of the commission of a crime.
Gaps in Russian Legislation. 2020;13(5):149-152
pages 149-152 views

Actual problems of qualification and application of art. 205.2 of the Criminal Code

Kovlagina D.

摘要

The article discusses the features of the expert and criminal legal qualification of the crime under art. 205.2 of the Criminal Code of the Russian Federation, the problems of intersectoral differentiation of legal responsibility for acts related to the dissemination of materials (information) of terrorist and extremist content are investigated. The aim of this study is to optimize art. 205.2 of the Criminal Code, taking into account the needs of law enforcement. Results. According to the results of the study, the author: substantiates the need to exclude the act - justification of terrorism - from the disposition of art. 205.2 of the Criminal Code; explains the public danger of the distribution, storage and transportation of materials (information) calling for terrorist activities or justifying them from the standpoint of criteria for intersectoral differentiation of legal responsibility.
Gaps in Russian Legislation. 2020;13(5):153-159
pages 153-159 views

To the question of the connection between the social environment and the identity of terrorists

Koblov F., Ashkhotova L.

摘要

The article proves the connection between the social environment and the identity of terrorists, its influence on methods of combating terrorism and crimes of a terrorist nature. As a result of the study, the authors offer a multivariable mechanism for developing an effective strategy and tactics, which consists of taking into account the components of the “terrorist experience”, criminal motivation, and well-established stereotypes of the social environment of terrorists. The authors conclude that the commission of terrorist crimes is determined by the relevant causes and conditions existing in society as a whole and in the system of relations that arise directly in the part of being related to terrorism. According to the authors, when studying the problem of terrorism, it is important to consider, along with the motivation, personality and environment of the terrorist, the methods of committing a terrorist crime, the criminological determination of the connection between the social environment of terrorists and the identity of terrorists. The authors believe that the identity of the terrorist and his social environment should be evaluated from the point of view of an inseparable whole, which is especially important when analyzing terrorist activities and developing effective solutions in the fight against terrorism.
Gaps in Russian Legislation. 2020;13(5):160-164
pages 160-164 views

Features of the lens side assignments and expenditures made in financial and credit organizations

Gorbunova S.

摘要

The objective side of appropriation and embezzlement in the banking sector involves the seizure, circulation of other people's money (assets) in favor of the guilty one, which means the rejection, separation of part of the money (assets) from their total mass, which is in the possession of the owner or owner. In the banking sector, funds are unlawfully seized to which the perpetrator (bank employee) had access. As a result of their withdrawal, they are removed from the ownership of the owner, separated from his other assets, like the assets of the bank, which deprives the owner of the actual opportunity to own, use and dispose of, and the bank - to store and manage monetary funds (assets) at its discretion. As a rule, in the banking sector, embezzlement becomes a continuation of appropriation, since the guilty person from the possession of funds passes to their illegal alienation, acting out of selfish motives. Embezzlement after appropriation should be considered a more serious act, which is advisable to take into account in the regulation of the punishment. It is proposed to consolidate in the Criminal Code of the Russian Federation a provision according to which successively committed appropriation, followed by waste, should be considered a qualifying feature of the latter. Also, criminal prosecution on the fact of misappropriation (including in the banking sector), as a crime against property, should be placed among those compositions where the case is initiated solely at the request of the victim (in this case, the bank).
Gaps in Russian Legislation. 2020;13(5):165-170
pages 165-170 views

Improving measures to counter the deliberate destruction or damage of other people's property at the regional level

Esenbulatova E., Abakarov A.

摘要

In this article, the author conducted a study in the field of criminal law concerning the intentional destruction or damage of other people's property, and proposed specific measures to improve the legislation in this area, allowing to achieve a significant reduction in the number of crimes not only at the regional level, but also in the country as a whole. The author also suggests a specific set of preventive measures that can be used by law enforcement officers in the future.
Gaps in Russian Legislation. 2020;13(5):171-174
pages 171-174 views

Gaps of socio-economic bases of criminalization

Kurbanov A., Kravets I.

摘要

The article examines the issues of the socio-economic foundations of criminalization in general, their social functions and the impact on public and individual consciousness, as well as factors affecting criminalization, such as historical, social and cultural conditions existing in society, traditions of choosing a method regulation of certain social relations through the criminalization and decriminalization of certain acts. The aim of the presented study is to identify the system of priorities in the criminal law protection of various social relations in order to build an optimal model of the structure of social values subject to criminal law protection and reflect the true degree of public danger of encroachment in the penalties of criminal law, including taking into account the damage caused. Based on the study, the author concludes that the main task is to develop a theory and method of ascending from criminalization reasons to the grounds of criminalization, expressing the of social need for criminal law, where one of the factors of the group socio-economic ground for criminalization is the availability of material resources for the implementation of the criminal law prohibition, the essence of which is that when criminalizing, it is necessary not only to take into account the legal aspect but also take care of the availability of the necessary funds.
Gaps in Russian Legislation. 2020;13(5):175-178
pages 175-178 views

Determinism of suicides and features of qualification of bringing to suicide under criminal legislation

Zorin D.

摘要

The article deals with the issues and conditionality of the causes and conditions of committing suicide and leading to suicide from the point of view of the criminal legislation of the Russian Federation. The articles in the Criminal code of the Russian Federation related to the provision of criminal legal protection of human life are analyzed in detail. Statistical indicators on the current state of suicides in the world and in Russia are illustrated. The problems of qualification of current norms in the criminal law are considered and measures aimed at preventing both suicides and suicides are proposed.
Gaps in Russian Legislation. 2020;13(5):179-181
pages 179-181 views

Extremism and terrorism: differentiation of the concepts according the Russian criminal law

Fakov A.

摘要

The purpose of this study is to examine the relationship and differentiation of the concepts of "extremism" and "terrorism", which is explained by the need to discover their common and distinctive characteristics, since they encroach on various objects and differ in the nature of public danger. Within the framework of this study, an attempt was made to identify and expand the features that for these concepts, at first glance, are synonymous. The specific motives and goals of crimes, both extremist and terrorist, are also considered. The objectives of the study are to analyze the content of the concepts of "extremism" and "terrorism" since they act as international, and therefore domestic, criminal and political crimes. Conclusions: within the framework of the study, we come to the conclusion that the nature of extremism and terrorism is dictated by various antisocial phenomena. And not the least role in their growth was played by globalization, which provoked economic, political, spiritual, moral and cultural crises. When determining terrorist activity, one should take into account the specific motives and goals that it possesses and which are inherent only to it, which individualizes the nature of terrorism as a violent influence of radical political groups and adherents of their views and ideas on the population, government bodies in order to promote their ideological goals ... Extremism, in turn, qualifies as a predisposition to radical political ideas, extreme opinions and similar ways of implementing them.
Gaps in Russian Legislation. 2020;13(5):182-185
pages 182-185 views

To the construction the system of criminal law and criminology means ensure to religious security of Russia

Tarasevich I.

摘要

Introduction. The author notes that at present the criminal provisions of the Russian legislation, attributed to the sphere of religious security, an integrated system that would ensure the effective protection of society, are not, which is the main problem field of this study. Purpose. This situation has led to the formulation of the key objectives of the proposed study, which is in the formulation, based on the author's understanding of the nature and hierarchy of threats, born in the religious sphere, the approach to the construction of the criminal law and criminology means of ensuring religious security. Methodology. The research methodology includes a set of the following methods: dialectical method as General scientific method, as well as formal legal method, method of legal modeling and some others private scientific methods. The dialectical method revealed the need to develop the author's approach to building a system of criminal and criminological means of ensuring religious security, which is due to the socio-political changes that have occurred in Russian society at the current stage of its development. The method of legal modeling allowed us to formulate proposals for improving Russian legislation in relation to the topic of this study. In addition, in the process of gathering empirical material, the method of non-standardized survey conducted among employees of internal Affairs agencies and other law enforcement agencies was used. Results. The author concluded that in order to effectively build a system of criminal and criminological means of ensuring religious security in Russia, it is necessary for legislators and law enforcement officials to have a deep understanding of the essence and hierarchy of threats that exist in the religious space of society. Today, it is necessary to legally qualify social dangerous manifestations of destructive religious associations as actions of religious-extremist orientation. That is why the legal concept of religious extremism needs to be corrected as soon as possible. Attributing socially dangerous manifestations of destructive religious associations to religious extremism by the state would have a significant criminological potential, since, in particular, it would make it possible to justify the need to ensure the implementation of a serious and systematic preventive impact on destructive religious associations. The authors note that today a number of religious offenses, in particular, ritual human sacrifices, while remaining outside the field of state ideas about religious extremism, nevertheless pose an increased level of threat to society and are committed for motives arising in the religious sphere. However, such motives remain outside the field of due attention of the legislator in terms of differentiation of criminal liability. Conclusion. The author emphasizes that without understanding the essence and hierarchy of threats arising in the religious sphere by lawmakers and law enforcement agencies, building a system of criminal and criminological means to ensure religious security in Russia is an almost insoluble problem.
Gaps in Russian Legislation. 2020;13(5):186-195
pages 186-195 views

Features of identification and disclosure of crimes related to the acquisition or sales of digital information learned by illegal

Gedgafov M.

摘要

The purpose of this study was to study the problems and mechanisms of the peculiarities of detecting and solving crimes related to the acquisition or sale of digital information, knowingly obtained by illegal means. Research objectives: the achievements of our time are due to the development of high technologies and the operational unlimited exchange of digital information that surrounds us everywhere: when working at computers, when transferring data in a mobile communication system, on the Internet, when using the capabilities of artificial intelligence, social networks, and other electronic services. The development of information technology predetermined the urgent need for the formation of a digital economy during the transition from the virtual space to the real impact of digital technologies on the economy, politics, law, and the socio-cultural sphere of the entire world community. At the same time, digital information, possessing real or potential economic value, gradually begins to become an object of economic activity and, as a result, an object of criminal encroachments. Conclusions: limiting the circulation of digital information, knowingly obtained by illegal (criminal) means, is a key factor in combating crimes in the field of high technologies and needs criminal legal protection. Most often, digital information is stolen for the purpose of selling it to customers, i.e. this type of crime has become a separate type of business. And given the lack of legal regulation of such a subject as digital information in Russian criminal legislation, in this article we propose to introduce into the Criminal Code of the Russian Federation responsibility for the acquisition and sale of digital information obtained by criminal means, establishing the appropriate punishment.
Gaps in Russian Legislation. 2020;13(5):196-199
pages 196-199 views

Criminal law methods of compensation for damage from crime: history and modernity (evolution of Russian legislation)

Afanasova M.

摘要

Purpose: based on the analysis of the development of the Russian branch of criminal law, which provides for the study of successive main legal sources, to study the Genesis of criminal law methods of compensation for damage from crime, as well as the dynamics of the state's attitude to the problem of compensation for damage from crime based on the analysis of Russian legislation, As a result of the research, the author substantiates the following conclusions: criminal law remedies for damages from a crime have always been present in the text of criminal legislation, and their modification has largely determined and at the same time determined the dynamics of the fundamental principles of criminal law regulation. Having emerged as an alternative to revenge, penalties from the guilty person for damages gradually developed into an extensive system of measures based on the idea of extracting benefits from the criminal's property or his personality. As the approval of the public began industry regulation, the purpose of such measures and their place in the system of law is substantially transformed from the priority funds for the private satisfaction of the victim and complementary remuneration of state through a parallel system of public punishment and private measures of reparation in criminal law - to the exclusive right of the state to obtain satisfaction from the offender with the assumption of some derogations in favour of the victim.
Gaps in Russian Legislation. 2020;13(5):200-204
pages 200-204 views

Problems of regulation of qualified and specially qualified signs of suicidal tendencies or assistance in committing suicide

Ovsyannikova E.

摘要

Purpose of research. The scientific article submitted for publication aims at a detailed analysis of qualifying and especially qualifying features United by article 110.1 of the criminal code of the Russian Federation, identifying possible shortcomings and formulating proposals for their elimination and qualification of the relevant norms. Results. The analysis of the problem presented in the title of the article allows us to formulate the following conclusions and suggestions: 1. In view of the inadmissibility of unjustified narrowing of the criminal-law protection of the individual, we believe that, in relation to the offence under article 110.1 of the Criminal code, a sign of helplessness should be treated the same way as it is understood in the Resolution Of The Plenum Of The Supreme Court Of The Russian Federation dated 04.12.2014 N 16 "About court practice on cases on crimes against sexual inviolability and sexual freedom of person". 2. Under article 110.1 of the Criminal code of the Russian Federation, the term "knowledge" is used in relation to the signs of "helplessness" and "pregnancy" of the victim, but not the sign of "minor" of the person concerned. This approach to the formulation of qualifying features, in our opinion, is inconsistent and creates a threat of objective imputation in the qualification of the relevant norm. In this regard, it seems appropriate to set out paragraph "a" of part 3 of article 110.1 of the Criminal code as follows: "a) in relation to a known minor or a person who is known to be helpless for the guilty person or who is financially or otherwise dependent on the guilty person" 3. Criminal liability for the considered type of assistance should be provided under article 110 of the criminal code, because the form in which it is provided for by part 2 of article 110.1 of the Criminal code, in essence, already covered by the provisions of article 110 of the Criminal law. 4. Repressive sanctions are provided for by part 6 of article 110.1 Criminal code seems unnecessary and, considering the principle of economy of criminal repression, it is proposed to reduce the lower and upper limits.
Gaps in Russian Legislation. 2020;13(5):205-209
pages 205-209 views

Public risk of crime in real estate

Petrova I.

摘要

This article presents the results of a study of the public danger of crimes committed in the field of real estate. The analysis of the nature and degree of public danger of these crimes. Criteria of insignificance of an action are considered, taking into account public danger. The necessity of developing effective criminal law and criminological measures for the prevention of crimes in the field of real estate is substantiated.
Gaps in Russian Legislation. 2020;13(5):210-214
pages 210-214 views

Investigators of internal affairs bodies as a subject of state protection application: theoretical and practical aspects

Rudov D., Vinokurov E., Lukyanchikova V.

摘要

In this article, the authors address a number of problematic issues of practical application of state protection measures by investigators of internal Affairs bodies, both at the stage of checking a report on a crime, as well as at the stage of preliminary investigation. So the authors, in a scientific article, analyze the application of security measures against the applicant, an eyewitness or persons involved in fixing the traces of a crime, while the use of this Institute, according to the authors, will contribute to the prevention and detection of the crime as a whole. Also, one of the problems considered by the authors is the issuance of a decision on the application of state protection measures in relation to a specific participant in criminal proceedings. This problem is due to the fact that in the current design code of criminal procedure has no application in typical legal documents used in criminal proceedings, however, the Federal law "On state protection of victims, witnesses and other participants in criminal proceedings" establishes a requirement for making decisions in cases of application of measures of state protection. Such a contradiction in the law has led to the fact that in practice, investigators make a decision on the application of state protection measures in different forms, both in the motivational part (in terms of justification by specific rules) and in the operative part. The solution to this problem, according to the authors, is to fix in the Federal law «on state protection of victims, witnesses and other participants in criminal proceedings» the form of a standard resolution on the application of state protection measures. These changes would help to eliminate various interpretations of the current legislation.
Gaps in Russian Legislation. 2020;13(5):215-218
pages 215-218 views

Some features of evidence in the investigation of crimes committed by minors

Abbaszade N.

摘要

The purpose of the research. The article is dedicated to some essential points of the forensic provision of evidence in the investigation of criminal cases committed by minors. Article analyzes main components of proof especially in the investigation of crimes committed by minors. Results. The process of proving has its own characteristics when investigating crimes committed by minors. One of the main tasks facing the investigator in the process of proving, in the production of this category of criminal cases, is to establish the truth in the memory and consciousness of a minor accused, victim, witness or other participants in the crime that happened in the past, the traces left on the subject of the crime and other things. It is important that in the process of collecting, checking and evaluating evidence, the investigator takes into account the peculiarities of the criminal procedure and forensic support of the investigation of criminal cases against minors. When examining the age of a minor, it is necessary to establish the level of his physical, intellectual and mental development. It is necessary to study the state of his health, whether he has previously suffered a serious illness, his mental state, the state of perception of events, for this it is necessary to collect the relevant documents. The investigator should take into account that among the juveniles who have committed a crime, persons with mental abnormalities are also identified. A number of mental disorders are associated with the commission of a crime.
Gaps in Russian Legislation. 2020;13(5):219-222
pages 219-222 views

Basis of legal regulation of development and application of artificial intelligence in the military sphere of China in the context of state strategy and protection of copyright and patent rights

Belikova K.

摘要

This article is aimed at identifying the approaches of China (the BRICS member state) that are being implemented to address the issues of ethics and legal regulation of the development and application of artificial intelligence in the military sphere of China in the context of state strategy and copyright and patent protection. The starting point of the re-search is the observed implementation of the idea that the entry of artificial intelligence (hereinafter - AI) into human life is a new reality in which we live. In this format, the article analyzes the provisions of China's approaches that create patterns of permissibility of the use of lethal autonomous weapons systems based on AI, its potential, and the existing ethical and legal basis, based on analytical reflections on the information gathered from sources and literature from the list of references. The relevance, theoretical and practical significance of such a study is due to the fact that a number of legal and ethical approaches can be useful in finding answers to similar questions related to the development of such weapons by our country, and the fact that this study serves to fill some gap in the coverage of ethical and legal approaches of foreign countries in the field under study in the modern period. The author's results are presented in the idea that China's proposal to ban lethal autonomous weapons systems is based on some pragmatic ideas referred to its existing achievements and progress, in line with the desire for world leadership in the development and application of AI in various fields, including military application that is indirectly facilitated by the existing and developing considered legislation on intellectual property.
Gaps in Russian Legislation. 2020;13(5):223-233
pages 223-233 views

Euthanasia in international acts & documents: legal or not?

Akhmadova M.

摘要

The article is devoted to the study of the problem of euthanasia and the human right to death in the context of international legal acts. The author also analyzes the legal positions of the European Court of Human Rights in order to identify approaches to the definition of “euthanasia” and the criteria that underlie the decision on the admissibility or inadmissibility of the use of euthanasia in each case. In particular, the article deals with situations when a patient is disconnected from the devices of the artificial life support system and has assisted suicide through the help of a doctor or relative. The author’s attention also focuses on the issue of the permissibility of patenting modern devices that have found application in the field of euthanasia from the standpoint of international law. In the study, such methods of scientific knowledge were used as general scientific dialectic, formal legal and comparative legal methods. At the same time, the author proceeds from the subjectively objective presetting of processes and phenomena, and their interconnection. The novelty of this study is determined by its very purpose, subject and range of sources considered. In this format, the author concludes that the human rights system formed by the considered international acts imposes obligations on the affiliated countries to guarantee the “right to life”, which creates obstacles for both legalizing the euthanasia procedure and spreading the patent legal regime on technology in this area. The author also established that the state’s obligation to protect the right to life should be correlated with the individual right to autonomy of the patient.
Gaps in Russian Legislation. 2020;13(5):234-241
pages 234-241 views

Conceptual framework for the use of computer technologies by the prosecution authorities in assessing expert opinions

Isaenko V.

摘要

The article analyzes the possibilities and prospects of using computer (digital) technologies in the assessment of expert opinions by prosecutors involved in criminal proceedings. This area of prosecutorial activity in currently of particular importance. On the one hand, this is explained by the increasing role in forensic expertise in establishing the circumstances of the crime, identifying and exposing the perpetrators. On the other hand, prosecutors who supervise pre-trial proceedings often ignore the obvious legal and factual shortcomings of the expert opinions contained in the criminal cases received by them. His creates difficulties for prosecutors - public prosecutors, who find themselves in difficult situations at a preliminary hearing, as well as a judicial investigation, when defense lawyers file requests for the recognition of expert opinions as inadmissible evidence. According to the author, the shortcomings of the prosecutor’s supervision over execution of laws in the appointment and production of forensic examinations, as well as in the assessment of expert opinions by individual prosecutors, are to a certain extent caused by both gaps in their respective professional training and the lack of reliable aids in the prosecution authorities for a comprehensive assessment of conclusions experts. The solution of this problem can be facilitated by the development, testing and implementation in practice od a automated reference system. The author proposes a concept of its in the form of a complex of interconnected modules (blocks) containing information required by the prosecutors for a comprehensive, complete and objective assessment of the opinions of experts of various in terms of reliability, scientific validity, compliance with the requirements of modern judicial practice. This system can be elements of the automated workplace of the prosecutor involved in both the pre-trial and judicial stages of criminal proceeding, as well as used in the work to improve the skills and professional training of prosecutors, i.e. perform not only a control function, but also a training function/ The latter is of particular importance in the training of prosecutors who do not have sufficient practical experience, as well as students of educational institutions of the prosecutor’s office.
Gaps in Russian Legislation. 2020;13(5):242-247
pages 242-247 views

Current problems of criminal regulation of the fight against terrorism in Russia

Kumysheva M., Khutuev V.

摘要

Terrorist activity in the modern world is one of the pressing problems that hinders the development of civilization and is a serious catastrophic factor in human society. Terrorism is one of the most dangerous criminal acts, which is characterized by the complexity of forecasting, the rapid spread of a variety of forms of terrorist behavior and the threatening scale of this illegal activity. At present, the problem of terrorism is especially urgent due to the aggravation of political, economic and social contradictions. One can observe how the level of terrorist manifestations of extremist-minded groups is growing, the nature of terrorist activities is becoming more and more complex, the anti-humanity and sophistication of terrorist acts are increasing. The fight against terrorism in the world and in the Russian state is becoming one of the priority areas of policy, representing an important element in ensuring national and international security. In this regard, for Russia, the problem of combating terrorism has become quite relevant in recent years both from the domestic political and foreign policy points of view. The purpose of writing a research paper is to analyze the current criminal law regulation of the fight against terrorism in Russia, identify existing problems and determine the main ways to solve them. The author comes to the conclusion that there are a number of gaps and shortcomings in the current Russian criminal legislation regarding the regulation of liability for committing certain terrorist crimes and formulates proposals for amending the Criminal Code of the Russian Federation.
Gaps in Russian Legislation. 2020;13(5):248-251
pages 248-251 views

About the essence and subject of prosecutor's supervision over the execution of laws when holding suspects and accused in custody in temporary detention centers

Merzhoev M.

摘要

The article is devoted to the consideration of issues related to the substance and subject of Prosecutor's supervision over the implementation of laws when holding suspects and accused in custody in temporary detention centers. The purpose of this article is to study issues related to the definition in the current law on the Prosecutor's office of the name of the direction of Supervisory activity "Supervision of the execution of laws by administrations of places of detention". The article concludes that this name was the result of attempts to restrict the activities of the Prosecutor, which was characteristic of the legislation of the early 90s of the last century. As a result, the subject of Prosecutor's supervision was limited and incorrectly formulated.
Gaps in Russian Legislation. 2020;13(5):252-255
pages 252-255 views

Digital evidence in crime investigations

Rastoropov S.

摘要

The article analyzes modern technologies that allow obtaining digital evidence. Trends in the prevalence and complexity of digital evidence, the acquisition of knowledge that allow extracting relevant data from these devices in the process of investigating crimes, are noted. The author proposes to develop an organizational culture in law enforcement agencies that supports a conscious, defensive position against cyber threats, to actively conduct cyber training that emphasizes the basics of cyber hygiene and best practices in the collection and preservation of digital evidence.
Gaps in Russian Legislation. 2020;13(5):256-259
pages 256-259 views

Content of individual actions preceding psychophysiological investigation using polygraph

Shurukhnov N., Poskov Y.

摘要

In the article, based on the analysis of research by scientists and practitioners, familiarization with conclusions, the results of communications with the subjects of the investigation, specialists, an attempt is made to draw attention to certain tactical issues of conducting psychophysiological research (PFI) using a polygraph. Taking as a basis separate methods of theoretical research - abstraction and idealization, the author highlighted individual actions that precede PFI. As a result of this approach, attention is drawn to the reason for conducting, the relationship between the polygraphologist and the initiators of the PFI, the nature of the issues discussed. Emphasis is placed on the tactics of a preliminary conversation between a specialist polygraphologist and a person to be examined, which is one of the stages of the methodology for carrying out psychophysiological research using a polygraph. It is indicated that the preliminary conversation contributes to the effectiveness of the indicated comprehensive event, provides objective information that contributes to the adoption of subsequent decisions, including those related to the disclosure and investigation of crimes, the identification of specific perpetrators of illegal activities, and the establishment of the role of individuals in the commission of crimes. It is noted that the preliminary instruction of the subject on the procedure for producing polygraph testing contributes to the decision to participate in it, dissipates the desire and attitude to "deceive" the technical means, allows you to purposefully, consistently, optimally pass all stages that make up the psychophysiological study using polygraph. The methods of scientific explanation made it possible to briefly outline the tactics of preliminary actions and their content.
Gaps in Russian Legislation. 2020;13(5):260-264
pages 260-264 views

Criminalistic prediction and criminalistic prevention of cyber crimes in the field of healthcare

Perepechina I., Perepechin D.

摘要

The aim of the work is to deal with the current state of the problem of cybersecurity of healthcare institutions in the context of the widespread introduction of information and telecommunication technologies in medical practice. It has been shown that medical institutions are very vulnerable to cyber attacks, which have already become a reality today. The forensic signs of crimes committed through cyber attacks on health care institutions have been investigated; a prognostic model of the forensic characteristics of the corresponding crimes has been developed. Taking into account the experience gained in connection with the COVID-19 pandemic, an opinion was expressed on the advisability of developing legal acts related to countering cyber attacks on medical institutions in special situations (in an emergency, in a situation of high alert). A complex of systemic, multilevel preventive measures to ensure the cybersecurity of medical institutions is presented. It has been substantiated that until a serious restructuring of the entire work in the field of information security in the healthcare sector and the creation of appropriate guarantees, it is unacceptable to adopt any legal acts that promote access to medical data and potentially create a risk of their unauthorized use.
Gaps in Russian Legislation. 2020;13(5):265-278
pages 265-278 views

On some peculiarities and prophylactic of fraud committed using mobile communications

Fokin S.

摘要

The purpose of the research. The article discusses the features and distinctive features of fraud committed using mobile communications, as well as describes in General terms the mechanism of criminal actions of fraudsters. The article analyzes the processes that contribute to the active and widespread introduction of modern achievements of science and technology in a heterogeneous social environment, namely the integration of a huge number of different high-tech technical devices into circulation among the broadest segments of the country's population. These processes and currents automatically generate side effects that are bound to be used by various categories of unreliable citizens. As a result, it is possible to commit a crime and remain unrecognized and unnoticed, since when committing crimes using devices such as a mobile phone, there are practically no traces of an illegal act. This type of crime, such as fraud committed using mobile communications, has become widespread. One of the main regulators of public relations in the sphere of ensuring the protection of citizens ' property from illegal encroachments is the internal Affairs bodies, as well as operational divisions of internal Affairs bodies. The fight against crime is their direct responsibility, and the fight against fraud committed using mobile communications is a private manifestation of this fight. However, we regret to note that with more than one hundred thousand cases of fraud registered in the Russian Federation in 2019, their detection rate is extremely low and accounts for only a few percent of the total number of such crimes. Results: as a result of the research, the author comes to the conclusion that it is necessary to study in more detail the nature and nature of fraudulent manifestations in order to effectively prevent such crimes as fraud committed using mobile communications. The author concludes that any crime, including fraud committed using mobile communications, is easier to prevent than to restore the violated property rights of citizens in the future, as well as to eliminate the causes and conditions that contribute to the illegal act and pose a public danger.
Gaps in Russian Legislation. 2020;13(5):279-283
pages 279-283 views

Computer technologies in forensic research of documents

Kankulov A., Gordienko V.

摘要

In the socio-economic development of the country, there are a number of negative factors, a significant place among which is occupied by crime. The share of mercenary crimes, including forgery of documents, continues to grow steadily. The authors of the article argue that practical activities to combat crime are scientifically justified and should use both the provisions of the legal Sciences and the achievements of natural and technical ones. The Arsenal of scientific and technical means and methods used in the production of various studies should be constantly enriched with new devices and equipment. The possibilities of forensic research of documents should be constantly expanded. The use of computer technology in combination with the latest technical tools and methods expands the range of forensic studies of documents, makes this process less time-consuming, more reliable and accessible, increasing the degree of reliability of research.
Gaps in Russian Legislation. 2020;13(5):284-287
pages 284-287 views

Legal issues of preventing falsification in the field of assisted reproductive technologies

Popov V.

摘要

The birth dearth in modern Russia is a serious demographic problem that requires a comprehensive decision. A priority in this area is the expansion of the use of assisted reproductive technologies. Legislative consolidation of the possibility of using various methods of infertility treatment should be accompanied by a detailed study of the standards that protect relations in this area. At the same time, the legal regulation of assisted reproductive technologies is at a rather low level, as a result of which conditions are created for committing abuses and crimes. An analysis of the current legislation revealed the risk of committing various crimes in the field of assisted reproductive technologies: fraud, human trafficking, harm to health in the provision of medical services. Separately, it is necessary to note the threat of falsification of evidence in civil cases in disputes about the origin of children and other disputes arising from the surrogacy agreement. One of the tasks of criminalistics is the prevention of crime. Therefore, the goal of this research work is the criminalistic security of the process of artificial human reproduction from abuse and crime. This study allowed us to conclude that in order to prevent crimes committed in the field of assisted reproductive technologies, the following measures should be taken: establish a mandatory notarized form of a surrogacy agreement; provide for a criminalistic analysis of the adopted legislation governing ART; to provide the court and the persons involved in the case with criminalistic knowledge about the methods of commission and the means of detecting falsification of evidence; establish a mandatory warning to the person sending documents through the “My arbiter” and “E-justice” systems about criminal liability for falsification of evidence.
Gaps in Russian Legislation. 2020;13(5):288-292
pages 288-292 views

Criminal protection of justice from falsification of evidence

Popov V.

摘要

The activity of administering justice is an activity of great political and social importance, with which people have pinned the hope of justice for several thousand years. In the modern world, justice is also of great importance for the state, society and person, which necessitates the criminal legal protection of justice from abuse and crime. The activities of administering justice in our country are protected by a whole system of criminal law provisions provided for in Chapter 31 «Crimes against Justice» of the Criminal Code of the Russian Federation. A special place in the crimes of this group is occupied by crimes related to falsification of evidence. A study of foreign criminal law has also shown that legislators in all countries, as a rule, criminalize misconduct with evidence. In this work, it is substantiated that crimes related to falsification of evidence should be considered as a single object of criminalistic research due to the presence of common criminalistic characteristics. As a result of such a comprehensive study, it is possible to use a common toolkit developed by science and practice in order to collect, verify and evaluate criminally significant information. The article formulates the definition of forensic support for the investigation of crimes related to falsification of evidence. Measures are proposed to prevent crimes related to falsification of evidence.
Gaps in Russian Legislation. 2020;13(5):293-302
pages 293-302 views

Issues of normative legal regulation of using an electronic signature as an information security element

Zhukov A., Ingushev C.

摘要

The article deals with the issues of normative legal regulation of the procedure for using an electronic signature in the framework of electronic document flow in the territory of the Russian Federation. The introduction of electronic document management in institutions requires the use of an electronic signature in order to ensure information security. However, in this area a number of legal problems arise. In particular, the determination of the legitimacy of an electronic document, which causes controversy among lawyers. In this regard, the study of the regulatory nature of the use of electronic signatures is relevant. However, it is necessary to consider the information and technical aspect of using this electronic resource.
Gaps in Russian Legislation. 2020;13(5):303-306
pages 303-306 views

Some problem aspects of the development of the electronic declaration system in the Eurasian Economic Union

Gelyakhova L., Moshkina N.

摘要

Currently, the introduction of electronic customs innovations is becoming the main item on the agenda of the Eurasian Economic Commission. In this regard, the most important task of optimizing customs and administrative technologies is to simplify the procedure for moving goods across the customs border of the EAEU. The customs administration must be brought in line with international standards and best practices, which is facilitated by the development of an electronic declaration system. Electronic declaration is a progressive way of declaring information about goods and vehicles using special information systems. For more than six years in the activities of the customs authorities, the declaration of goods transported across the customs border of the EAEU is mandatory in electronic form. The undoubted advantage of electronic declaration today is the simplification of customs formalities, a reduction in the time for the release of goods, the absence of corruption risks, since the interaction between the subjects is carried out in absentia through remote technologies. Based on the analysis of the electronic declaration system in the EAEU member states, the authors formulate a number of problematic aspects of the application of this system. It is noted that electronic customs are not able to become a universal solution to the problems highlighted in the article, they are the specificity of the Russian customs authorities, due to the size of the territory of the Russian Federation and the uneven distribution of participants in foreign economic activity. Only the use of modern information and communication technologies can guarantee effective customs administration.
Gaps in Russian Legislation. 2020;13(5):307-310
pages 307-310 views
pages 311-312 views

Current problems of improving the norm on an act of international terrorism

Esenbulatova E., Bakhshaliev E.

摘要

The Fight against terrorist crimes is a key direction of the state's international and national policy. Terrorism in all its manifestations and forms has been repeatedly recognized as a key threat to the peace and security of mankind, a determinant of instability, and a major factor that suspends the progressive development of the entire human community. In most developed countries, the effectiveness of the fight against terrorism is one of the highest priorities of state policy. The aim of this research is the need for the doctrinal justification of the foundations of criminal liability and application to face punishment for an act of international terrorism, as legislation under Chapter 34 "Crimes against peace and security of mankind", as well as development of recommendations for the correct application of article 361 of the criminal code of the Russian Federation in the activities of law enforcement and the courts. In art. 361 of the criminal code of the Russian Federation according to the authors, the issues of the definition of an act of international terrorism, as well as the place and purpose of the Commission of this criminal act are very controversial. There is a need to eliminate obvious legislative shortcomings in the current version of article 361 of the criminal code of the Russian Federation, which reduces the possibility of correct and effective application of this article. The authors conducted a study in the legislative structure of the crime under article 361 of the criminal code of the Russian Federation (act of international terrorism). This generally dangerous action frightens the population, threatens the life, health, and safety of citizens, is directed against the interests of citizens, and is aimed at harming the peace and security of mankind. Specific measures are proposed to improve legislation and tighten responsibility for committing an act of international terrorism.
Gaps in Russian Legislation. 2020;13(5):313-316
pages 313-316 views

Criminological characteristics of the minors who made the road and transport crimes

Magomedov G., Malachiev K.

摘要

In this article, the author considers the problems associated with the criminological characteristics of the personality of a minor criminal who has committed road traffic crimes. Taking into account the psychophysiological processes that occur in the human body during its minority, it is safe to say that this stage of life is key in the formation of a legal component in the human mind. In cases of influence of certain external factors, the minor's worldview is distorted. This is the origin of deviant manifestations in the behavior of a teenager, and since a minor gets into traffic conditions on a daily basis, the manifestation of such deviations in this area becomes the most likely. The main purpose of this study is to analyze the mechanism of committing road traffic crimes by minors, analyze the properties, qualities and typology of the criminal's personality, determine the place and role of internal Affairs bodies in the system of analysis and prevention of road accidents, develop and justify recommendations and proposals, the implementation of which will contribute to improving the effectiveness of preventing road traffic crimes by minors and ensuring road safety. In the article the analysis of criminological characteristics of juvenile offenders: the basic determinants of criminal behavior juvenile, described the structure of the personality of the offender, especially his criminal behavior.
Gaps in Russian Legislation. 2020;13(5):317-321
pages 317-321 views

Problems related to the extension of the terms of the preliminary investigation in the form of an inquiry

Akhmedkhanova S., Mamashov Y.

摘要

The main form of preliminary investigation is an inquiry, which is a starting point for differentiating the choice of forms of preliminary investigation. Evidence of this statement is the official statistics of the number of crimes of investigation, which is carried out both in the complicated form of General inquiry, and in the simplified form-abbreviated inquiry. The vesting of the inquirer procedural autonomy is an important condition for the implementation of its functions, one of the main factors of legality, validity judgments produced by proceedings under the criminal procedure law he is given the opportunity to act independently, at its discretion, to make reasonable findings and conclusions. The investigator, within the framework of his procedural independence, can plan an independent investigation, choose tactics, effective and appropriate methods of investigation aimed at full, rapid disclosure and investigation of criminal acts. The main purpose of this study is to improve the legal framework on which the investigator bases his activities, develop proposals and recommendations to ensure independence in the production of various procedural measures of preliminary investigation.
Gaps in Russian Legislation. 2020;13(5):322-325
pages 322-325 views

Features of qualification of crimes under article 165 of the criminal code of the Russian federation

Dgamalova B., Radchenko V.

摘要

The legislation of the Russian Federation guarantees the unity of the economic space throughout the territory of the Eurasian Economic Union, free movement of goods, services, and financial resources is carried out within this territory, and a program to support competition and free economic activity is implemented. These provisions and their legal guarantee enshrined in the Constitution of the Russian Federation, Customs code of the EAEU, the Criminal Code of the Russian Federation, which reflect the significance of economic relations in society and hence contribute to determining decisions of the legislator in establishing legal safeguards for their protection. The main purpose of the research is to study in-depth the criminal-legal characteristics of the crimes provided for by art. 165 of the criminal code of the Russian Federation and taking into account current trends in criminal policy, the need to develop recommendations and proposals for improving legislation in this area in order to more effectively apply the criminal law provision providing for liability for causing property damage without signs of theft is emphasized. In this article, the author conducted a study of the criminal law norm providing for liability for causing property damage by deception and abuse of trust, considered the qualifying circumstances of this article and proposed specific measures to tighten responsibility for this crime.
Gaps in Russian Legislation. 2020;13(5):326-329
pages 326-329 views

Problems of qualification of crimes under article 209, 210 of the criminal code of the Russian federation

Akhmedkhanova S., Salikhova R.

摘要

Organized crime, as shown by the criminological situation of recent years, occupies a leading position in criminal activity and is a serious threat to the normal functioning of the state and society. This type of crime in Russia occupies a special level, because crimes committed by an organized group are characterized by a high level of organization and represent an activity that has brought together a significant number of people who are professionally trained and well-armed. Organized crime in Russia is characterized by professionalism, a tendency to consolidate, its members penetrate into legal business areas, establish contacts with officials in various government structures, and constantly improve their organizational forms. The main purpose of this research is to conduct a comparative analysis of criminal law problems of such forms of complicity as criminal Association and gang, and the authors have developed recommendations for improving the criminal legislation of articles 209 and 210 of the criminal code of the Russian Federation. In the article, the authors reveal the problems of qualification of crimes under articles 209 and 210 of the criminal code of the Russian Federation. The study is devoted to the study of the qualifying circumstances of these articles, as well as signs that distinguish these two elements of the crime from each other. According to the practice materials, it is difficult for law enforcement officers to distinguish these compositions and classify a criminal act according to the articles. In this regard, this topic is relevant and the authors have proposed specific measures to improve the legislation.
Gaps in Russian Legislation. 2020;13(5):330-333
pages 330-333 views

Preventive effect of general social impact on the origins of extremism

Magomedov G., Surkhaev M.

摘要

Extremism is a product of society that attracts the attention of researchers in various fields of scientific activity: political scientists, psychologists, sociologists. Since this phenomenon is particularly dangerous for the state, society, and the individual, this phenomenon has become the object of research by many scientists. Extremism as a phenomenon penetrates into all spheres of society's life, and has now acquired a global scale that allows it to be classified as a threat to national security. The purpose of the research is to develop recommendations aimed at improving the effectiveness of the system of measures to prevent and prevent extremist activities based on a comprehensive criminological analysis. The effectiveness of measures to counter extremism, taking into account the specific features of its determination, largely depends on the quality of the operational search, General social, and individual work carried out. Reducing the number of extremist crimes can be achieved by increasing the socio-economic potential of foreign and domestic state policy, improving the state-territorial structure, minimizing the consequences of negative migration processes, involving young people in various social and public associations whose activities are aimed at preventing extremist sentiments in society, improving the quality of operational search activities.
Gaps in Russian Legislation. 2020;13(5):334-337
pages 334-337 views

Criminal law enforcement of special security rules

Dgamalova B., Sheykhmagomedov A.

摘要

The increase in the needs of the world's population for material goods inevitably leads to an increase in production in many industrial areas, which leads to an increase in the risk to human life and health when they carry out their work. This problem mainly affects such areas of human activity as electric power, mining, and construction. Recently, the problem of ensuring safety in the implementation of industrial activities has focused the attention of the Russian state and society. This is due to man-made disasters that lead to serious consequences, including loss of life. The purpose of this work is to conduct a criminal law analysis of compliance with special safety rules when operating at special facilities, as well as to make recommendations for improving criminal law legislation. In order to improve the norms of criminal law relating to security in the implementation of activities at special facilities, we propose to introduce some amendments to the criminal law and set out article 215 of the criminal code in the following wording: Violations of safety rules at nuclear power facilities: 1. Violation of safety rules at nuclear energy use facilities that caused serious harm to health, major damage, radioactive contamination of the environment or other serious consequences due to negligence… 2. The same acts which entailed by negligence the death of a person.
Gaps in Russian Legislation. 2020;13(5):338-341
pages 338-341 views

Legal internationalization in the global legal process

Makogon B., Markhgeym M.

摘要

Based on the analysis of a wide range of sources, the article provides an update of the author's position on the essence, signs, causes, prerequisites, consequences and associated risks of legal internationalization as a complex and systemic phenomenon in the global legal process that accompanies modern processes of globalization. Actualization is formed by referring to the current conditions of functioning of institutions of the Russian and world state-legal reality using a modern integrated methodological approach.
Gaps in Russian Legislation. 2020;13(5):342-346
pages 342-346 views

Legal knowledge as a means of legal self-help: concept, content, meaning

Uzdimaeva N.

摘要

Legal statehood and a developed civil society presuppose not only the formulation of relevant ideas at the doctrinal and normative levels, but also their implementation in everyday life. Ideas are realized only if necessary and effective systems are created in the minds of citizens and their associations that allow everyone to fully ensure and protect their legal rights, interests and responsibilities. If they are available, the citizen not only possesses information about the above-mentioned legal status, but also fully implements the element, there are own legal goals. The article is devoted to the analysis of legal knowledge as a means of legal self-protection. The purpose of the research is to characterize legal knowledge as a part of information, determine its structure, use theoretical and practical legal knowledge in the context of the problems of assessing and increasing the level of legal literacy of Russians. Results. As a result of the study, the author comes to the conclusion that legal knowledge is an element of the mechanism of social and legal interaction. They are the foundation of legal self-help, an important and primary tool. The author draws attention to the fact that high-quality legal knowledge is formed, first of all, in the course of legal training. They can be of a purely theoretical or applied nature, they are divided into general (basic) and special (industry-specific). The main place in the system of legal knowledge is given to the knowledge of constitutional norms and the test of the Constitution itself. The emphasis is made on the need to adjust the forms of legal education to increase the level of legal literacy of Russians, their human rights activity, which is especially important in the context of digitalization of law.
Gaps in Russian Legislation. 2020;13(5):347-353
pages 347-353 views

Legal regulation issues in emergencies of a biological nature

Komarov V.

摘要

The article discusses issues related to law enforcement in the prevention and control of coronavirus infection in Russia. Purpose of the study: the main goal of this study is, based on the analysis of data contained in the scientific and legal literature, Russian legislation, to consider the features of the actions of the police and the National Guard for the protection of public order and public safety in the event of a threat or onset of a biological emergency. Develop legal measures to optimize this type of activity. Methodology and research methodology: the methodological basis of the research is the dialectical method of scientific knowledge, a systematic approach and analysis. Given the lack of study of the problem under consideration, the study will use various special research methods: analysis of empirical materials from various open sources, synthesis, generalization, observation, comparative analysis of research results.
Gaps in Russian Legislation. 2020;13(5):354-358
pages 354-358 views

Counter-terrorism commissions: to the issue of problems requiring resolution

Zhivaev I.

摘要

The article examines the potential of innovative processes for antiterrorist activities, which depend on the innovation activity, the relationship of all the institutions of the political system, the entire Russian society, and the legal, human, organizational, informational and financial conditions that ensure the implementation of innovation.
Gaps in Russian Legislation. 2020;13(5):359-363
pages 359-363 views

Influence of supranational decisions on the exercise of the right to appeal against actions and decisions of officials in the constituent entities of the Russian federation

Gizyatova S.

摘要

The author examines the factors that predetermine the exercise of the constitutional right to appeal against the actions and decisions of officials in the subjects of the federation. The purpose of the study is to establish the features of harmonization of international decisions and constitutional legislation of the constituent entities of the Russian Federation in the field of the right to appeal. Methods - standard method was applied in the analysis of normative-legal acts on specific issues of procedure for appeals against actions and decisions of officials of regional level and the establishment of subjects of these legal relations. The collection and analysis of materials and interpretation of the results was used the hermeneutic method to discover the hidden meaning of legal texts. Results of the work - the legislation of the constituent entities of the federation, when detailing the mechanism for exercising the constitutional right to appeal, limits not only the constituent composition, but also the institutions involved in the implementation of the established mechanisms. Scope of the results: the author's proposals are of an applied nature in relation to the more effective implementation of the constitutional right to appeal in the constituent entities of the Russian Federation. Conclusions - given the emerging Russian practice in this category of cases, it is quite probable that the subjects of the federation have a chance to refute individual decisions of supranational authorities that directly affect their interests, including when officials are obliged to perform certain actions. At the same time, against the background of the existing legislative framework, this option looks unproductive and inappropriate. Originality / value - set contradiction of regional legislation and proposed an option to resolve conflicts in constitutional law to appeal against actions and decisions of officials.
Gaps in Russian Legislation. 2020;13(5):364-370
pages 364-370 views

Object of a crime against military service and the rules for its determination

Ermatov G., Akhmedov A.

摘要

The article examines the problem of determining the object of a crime against the order of military service. An attempt is made to reveal the meaning, place, and role of the object of criminal law protection in determining the object of the crime. Based on the results of the analysis of the current legislation and the opinions of famous scientists, the statement is substantiated that the general object of crimes against military service is the military security of the state. The results of the study substantiate the fictitiousness of the object of criminal-legal protection of some norms of the current military-criminal legislation, which excludes the presence of the object of a crime. The ongoing changes in the legal framework for ensuring the military security of the state are making adjustments to the number and content of objects of criminal law protection of military relations, which necessitate the establishment of modern criteria for determining the objects of crimes against military service and assessing other elements of their composition.
Gaps in Russian Legislation. 2020;13(5):371-377
pages 371-377 views
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