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Vol 9, No 3 (2019)

Articles

EUROPEAN INTEGRATION: STAGES OF DEVELOPMENT AND CONTEMPORARY CONDITION

Dolenko D.V., Mal'chenkov S.A.

Abstract

Purpose. The main objective of this study is to identify trends in the development of European integration from its initial stage to the present day. To achieve this goal, the basic documents of the European Union were analyzed. The research topic is relevant, as evidenced by the large number of foreign publications on it. The authors of the most important foreign works - V.N. Vatyl, J.P.L. Vicente, C. Lord, W. Loth, N. MacLean Of Pennycross. Findings. The study concluded that despite the negative trends of the 21st century, the main trend in European politics is integration, strengthening unity, covering all its spheres of public life. In the development of the European Union, there are both internal and external crises and problem situations, most clearly manifested in the European Debt Crisis of 2010 and the Brexit procedure. However, as the experience of previous crises shows, such problems are successfully solved. Originality / value. An original attempt was made to determine the causes of the difficulties encountered by the European Union in the 2010s, and also to study the nature of Euroscepticism. The value of the research results is also associated with a comparison of European and Eurasian integration.
Sociopolitical Sciences. 2019;9(3):10-15
pages 10-15 views

GOVERNMENT SUPPORT OF INNOVATION AS A FUNCTION OF SOCIAL EXTERNALITIES

Orlova I.V., Sukharev A.V., Sukhareva M.V.

Abstract

The article focuses on the genesis of the term «innovation», its use in the contemporary context, and government policy on innovation in the Russian Federation. It provides an analysis of imperfections of the existing regulatory definition of innovation and the consequences of inaccuracies of such definition. The authors advise that government support of innovation be connected with the presence of externalities and the extent of their positive social impact.
Sociopolitical Sciences. 2019;9(3):16-19
pages 16-19 views

COMMUNICATION AND COMMUNICATIVE TECHNOLOGIES IN A GLOBALIZED SOCIETY

Kudashova N.N.

Abstract

Purpose. Political communications of the 20th century reflect the view of communication process proposed by the classic theory of G.Lasswell, and are mainly based on unilateral, asymmetric, hierarchized information transfer via mass-media institutions. The article analyzes the ongoing transformation of goals, strategies and technologies of political communications resulting from the development of global information environment based on networking technologies. Findings. Comparative-historical analysis shows that the development of global social media led to the transformation of political communication, in which direct access to target audiences, transboundary connectedness, intense horizontal ties, and automation begun to play the key role. As a result, governments and other political actors obtained opportunities and technologies for direct, large-scale, and mainly covert influence on public opinions in other countries. Social consequences. Globalization of political communication resulted in widespread use of manipulative technologies of communication. Responses to the risks of external manipulative interventions lead to stronger regulatory pressure and can, in perspective, result in the dissolution of the united global informational space. Originality/value. The article identifies key differences of the new political communications as well as their main opportunities and threats for political subjects. The article can be useful for political subjects and media institutions.
Sociopolitical Sciences. 2019;9(3):20-26
pages 20-26 views

THE RELATIONSHIP OF CONSERVATIVE IDEOLOGY WITH THE CYCLES OF POLITICAL REFORM IN RUSSIA

Epremyan M.A.

Abstract

This paper aims to identify the relationship of conservative ideology with the cycles of political reform in Russia. The article considers the development of conservative ideology through the prism of the historical development of Russia. In the course of the study, the author traces the relationship between conservative ideology and the cycles of political reform in Russia from the reign of Peter I to 1917. Conservatism is a constant participant in political events, replacing the most radical left or right-wing political movements in the history of Russia. The author demonstrates the relevance and prospects of conservatism in the political development of Russia.
Sociopolitical Sciences. 2019;9(3):27-31
pages 27-31 views

MAIN FEATURES OF INTERNATIONAL TERRORISM

Nagoeva M.A.

Abstract

The article analyzes the phenomenon of international terrorism and different points of view of its origin. The author considers the main characteristic features of international terrorism and its impact on the international situation. The causes of the large-scale spread of terrorist groups are identified, and the author's concept is put forward to effectively counter the growing influence of terrorists in the world.
Sociopolitical Sciences. 2019;9(3):32-34
pages 32-34 views

US GEOPOLITICS IN PEACEKEEPING

Shamarov P.V.

Abstract

The article discusses the genesis of changes in state concepts and doctrines adopted by the political and practical approaches of the United States in the field of international peacekeeping in modern geopolitical conditions. The conditions of de jure and de facto American participation in peacekeeping operations are analyzed, the geopolitical interest of the White House in their implementation under the auspices of the UN and other organizations is substantiated. The new functionality of the American peacekeepers - military-civil interaction with the population of the conflict region, which has become an important function of the Pentagon’s activities abroad, is being isolated.
Sociopolitical Sciences. 2019;9(3):35-38
pages 35-38 views

PUBLIC RELATIONS, THE SUBJECT OF LEGAL REGULATION AND LEGAL REALITY: THE DIALECTICS OF RELATIONSHIP

Butko L.V., Lepeshkina O.V.

Abstract

The article studies the influence of evolving social relations on the content of the subject of legal regulation through the prism of legal reality from the theoretical and legal positions. The sequence of updating the relationship of social relations, the subject of legal regulation in line with the change of legal reality in the course of law-making, law enforcement and individual regulation, changing under the influence of socio-economic and political factors.
Sociopolitical Sciences. 2019;9(3):39-41
pages 39-41 views

LEGAL STATUS OF THE MODERN RUSSIAN LANGUAGE IN THE LINGUISTIC SPACE OF RUSSIA: ACTUAL QUESTIONS OF THEORY AND PRACTICE

Aleshkova I.A., Bradetskaya I.G.

Abstract

The authors designate the main directions of the state language policy in modern Russia, emphasizing the importance of forming the general principles of the legal status of the Russian language, in order to ensure and guarantee its sustainable development. Highlighting a certain group of principles, the authors briefly reveal their content, focusing on topical issues of theory and practice.
Sociopolitical Sciences. 2019;9(3):42-47
pages 42-47 views

ON THE ISSUE OF CONSOLIDATION OF THE PRINCIPLE OF MUTUAL RESPONSIBILITY OF THE STATE AND THE PERSON IN THE CONSTITUTION OF THE RUSSIAN FEDERATION

Duel V.M.

Abstract

Within the framework of this article, one of the principles of a legal state is analyzed - the principle of mutual responsibility of the state and the individual, the peculiarities of its fixation in the articles of the Constitution of the Russian Federation: on the basis of the conducted research, its constitutional and legal content is revealed.
Sociopolitical Sciences. 2019;9(3):48-51
pages 48-51 views

ON THE ISSUE OF THE STRUCTURE OF THE PRINCIPLE OF DELIMITATION OF COMPETENCES AND POWERS BETWEEN THE STATE AUTHORITIES OF THE RUSSIAN FEDERATION AND THE STATE AUTHORITIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION

Marokko N.A.

Abstract

The article deals with issues related to the constitutional and legal regulation of one of the fundamental principles of Russian federalism, the principle of delimitation of competences and powers between the state authorities of the federation and the state authorities of the subjects of the Russian Federation. The author substantiates the position that the substantive concept of the considered principle of separation of functions and powers are: the general constitutional principles of federal relations and special subprinciples that determine the legal regulation in specific areas.
Sociopolitical Sciences. 2019;9(3):52-57
pages 52-57 views

THE PRINCIPLE OF THE WELFARE STATE IN THE HISTORICAL RETROSPECT

Serdyuk A.V.

Abstract

In this paper, an attempt has been made to consider the concept of a «welfare state» and historical formation. As is known from world literature and cinema, taking into account the assessment of the activities of the state and the state system, various ideas and images of the state were formed as a whole in society at different times. Different layers of the representatives of society, also differently related to the state in which they lived. The article discusses the processes of formation of what is now fixed in the constitutions of many countries of the world as a «social state».
Sociopolitical Sciences. 2019;9(3):58-62
pages 58-62 views

CONSTITUTIONAL STATUS AND CONTROL OVER THE ACTIVITIES OF SECURITY BODIES IN THE REPUBLIC OF SERBIA

Polovchenko K.A., Leibo Y.I., Kuznetsova T.O.

Abstract

At the beginning of the 21st century in the Federal Republic of Yugoslavia began, and after its collapse, a major reform of the national security system continued in the Republic of Serbia. It was the result of the democratization process that took place during this period in the States of the former SFRY, on the one hand, and of the repeatedly increased threats from international terrorism, organized crime, as well as threats related to civil confrontation on national, religious, ideological grounds on the other hand,. The Republic of Serbia was faced with the urgent task of creating a new national security system in the shortest possible time, which would be able to adequately respond, firstly, to the demands of society in the democratization of public life, and, secondly, to large-scale threats to the Serbian society and the state international and domestic crime. The process of reforming the security system in the Republic of Serbia is the subject of this study.
Sociopolitical Sciences. 2019;9(3):63-70
pages 63-70 views

STATE FUNCTION IN THE FIELD OF ACCESS TO LEGAL INFORMATION IN THE RUSSIAN FEDERATION

Shevtsova J.I.

Abstract

This article discusses the issue of research of the functional characteristics of the state in the field of constitutional law in the field of access to legal information. Analyzed Russian legislation. The state is obliged to provide the citizen with access to legal information, which contributes to ensuring his constitutional right to legal information. It is noted that information on the activities of public authorities should be transparent and publicly available, within the limits established by law, for the implementation of the constitutional rights and freedoms of citizens. The article discusses the role of the state in the field of publishing information on the Internet, as well as interaction with public centers of legal information. The author identified problems in the field of constitutional law, namely, the provision of state access to legal information.
Sociopolitical Sciences. 2019;9(3):71-74
pages 71-74 views

FEATURES OF THE IMPLEMENTATION OF GOVERNMENT PROCUREMENT OF SOFTWARE FOR STATE AND MUNICIPAL NEEDS

Zherelina O.N., Dontsov D.O.

Abstract

Under the influence of the sanctions imposed by the European Union and the United States of America against the Russian Federation, the Government of Russia decided to switch from foreign software to foreign analog digital products. The authors analyze the effectiveness of measures taken by the Russian Federation for the purpose of import substitution of foreign computer programs. The article analyzes the normative regulation of ensuring the transition to domestic software by state authorities both at the federal level and at the regional level, individual authors consider the problem of switching to analog software by local governments. As a result of the study, the authors identified problems in the state regulation of the transition from foreign software to domestic.
Sociopolitical Sciences. 2019;9(3):75-78
pages 75-78 views

SUBCONTRACTING AS A TOOL FOR BUSINESS INTERACTION WITH THE PENITENTIARY SYSTEM

Drozdova E.A., Radchenko E.P.

Abstract

This article reviews problems of development of the manufacturing sector of the penal and correctional system in interaction with business using subcontracting as a tool of public-private partnership.
Sociopolitical Sciences. 2019;9(3):79-81
pages 79-81 views

LEGAL LACUNAS IN MODERNIZATION OF THE SYSTEM HEALTH CARE: DENTAL FORESHORTENING

Nikonova L.I., Lutai O.A.

Abstract

Today the priority direction of modernization and improvement of the Russian health care system is improvement of quality of vocational training and retraining of medical personnel. The order of admission of doctors to implementation of professional activity is for this purpose changed and the model of continuous medical education assuming constant improvement of professional knowledge and skills during all life is created. The analysis of the regulatory framework regulating issues of accreditation of the expert which is carried out in article (on the example of dental specialties) allowed to draw a conclusion on existence of gaps and omissions in legislative execution of the new procedure of admission.
Sociopolitical Sciences. 2019;9(3):82-85
pages 82-85 views

LEGAL REGULATION OF PROFESSIONAL INCOME TAX AS A SPECIAL TAX REGIME FOR INDIVIDUALS

Savostyanova S.A.

Abstract

The article contains a brief analysis of the tax on professional income, examines the existing legal advantages for citizens registered as self-employed, analyzes the problems of withdrawal of self-employed citizens «from the shadows» and the complexity of the introduction of the tax on professional income in practice, offers solutions to this problem. The author comes to the conclusion that the Federal law № 422-FZ needs significant improvement, since the tax on professional income as a special tax regime does not fully meet the criteria for the implementation of the state policy on the development of small business in Russia.
Sociopolitical Sciences. 2019;9(3):86-92
pages 86-92 views

CURRENT ISSUES OF IMPLEMENTATION OF THE RIGHT TO APPOINT THE INSURANCE PENSIONS FOR AGING IN CONNECTION WITH LONGER LABOR ACTIVITIES

Galaeva L.A., Lavrushkina A.A.

Abstract

Reforming the pension legislation in our country causes a lot of problems in theory and practice. Legislative gaps in the regulation of the mechanism of appointment, confirmation of the right to receive pensions, inadequate regulation of the procedure for their payments opens a wide field for scientific discussion when solving emerging issues. The main purpose of the work is to identify shortcomings in appointing an old-age insurance pension for long-term work, as well as studying the procedure for granting an appropriate pension and the procedure for confirming the right to it. Based on the materials of a particular case paid and court practice studied, the authors presented an opinion on the effectiveness of the existing procedure for calculating the experience of the above-mentioned type of insurance pension, identified legislative gaps in the procedure for granting old-age pension insurance in connection with long-term work. The conclusion presents the author's conclusions substantiating the need to improve the current procedure for the legal regulation of the assignment of an old-age pension insurance in connection with long-term employment, as well as specific proposals for adjusting the existing substantive law.
Sociopolitical Sciences. 2019;9(3):93-100
pages 93-100 views

THE POWERS OF LOCAL SELF-GOVERNMENT IN THE SPHERE OF LAND RELATIONS

Plakhina A.S.

Abstract

The purpose of the scientific article is to analyze, to give a legal assessment of the current legislation in the field of powers of local governments in the field of land relations. To assess the division of powers between the powers of public authorities, authorities of the subjects of the Russian Federation and local authorities. To achieve this goal, the article evaluates the concept of the earth as an important element in the activities of mankind. The mechanisms of land management and identified the main factors affecting the management process. The powers of different levels of power in the sphere of land management have been established. The types and forms of payments for the use of land are disclosed, as well as the recipients of funds from the use of land plots depending on the category and forms of ownership. The order of calculation of the tax and the rent as forms of the payment for use of the earth in the territory of the Russian Federation is reflected. The changes of the current legislation in the division of powers on land management are analyzed. Problems in the sphere of implementation of powers on the order, management, control of use of the earth are revealed. The normative legal acts regulating the system of land resources management are analyzed. The conclusions about the advantages and disadvantages of the current legislation in the topic and proposed ways to eliminate the identified shortcomings.
Sociopolitical Sciences. 2019;9(3):101-104
pages 101-104 views

EXEMPTION FROM PENAL LIABILITIES: SOCIAL AND LEGAL CONDITIONALITY, SOME PROBLEMS OF REGULATORY CONTROLS OF ACTIVE REPENTANCE

Bazarov R.A.

Abstract

The relevance of the work is determined by the fact that taking into account the nature and gravity of the offence and of the person, the principles of Justice, humanism, reasonable sufficiency of criminal repression happens to be more efficient and useful to society do not apply and release the person first commits minor offence or a moderately serious criminal responsibility. Ostupivshijsja people sometimes has an inner need to make amends for the harm caused. The embodiment of this in reality deserves indulgence, provide a basis for consideration of the question of exemption from criminal responsibility. Conclusions and suggestions. The survey results show that for 66% of respondents if they would have found themselves in the role of victims of crime, it is preferable to obtain reparation and compensation of moral harm, rather than pursue the culprit. Conclusion that the existence of the Criminal Law Institute of exemption from criminal liability is socially determined. Proposals to improve the Church. 75 of the criminal code. It is proposed to supplement its provisions, according to which establish that the motives of the effective remorse do not affect the solution to the question of exemption from criminal responsibility and compensation for material damage and mitigating other ailment can be made directly by the accused or at the request of any other person or legal entity, on a voluntary basis. Practical value. The basic provisions of work, conclusions and recommendations are important for further improvement at the legislative level, the Criminal Law Institute of exemption from criminal liability in General and its integral component-in connection with active repentance, as well as for law enforcement. They are aimed at ensuring the positive trends in the area of combating the criminalization of social relations and mitigate the socio-psychological tension in society.
Sociopolitical Sciences. 2019;9(3):105-109
pages 105-109 views

SOME PROBLEMS OF LEGISLATIVE REGULATION OF CRIMINAL RESPONSIBILITY FOR KIDNAPPING AND WAYS TO RESOLVE THEM

Seryogina E.V., Ulezko S.I., Medova Z.

Abstract

The article analyzes the features of establishing criminal responsibility for the abduction of a person, the specifics of determining certain characteristics of the composition. The essential properties of the concept of abduction of a person are revealed, debatable theoretical positions on the objective side of this crime are investigated, problems are revealed both in terms of interpretation and the application of the note to art. 126 of the Criminal Code. In order to improve the efficiency of qualifications and the application of the criminal law rule, which provides for responsibility for the encroachment on the personal freedom of a person, proposals are made to improve the criminal law and practice of its application. As a result, the author’s concept of abduction of a person was formulated, the expediency of amending the art. 126 of the Criminal Code.
Sociopolitical Sciences. 2019;9(3):110-114
pages 110-114 views

ON THE ISSUE OF THE PROTECTION OF VICTIMS OF HUMAN TRAFFICKING IN RUSSIA AND ABROAD

Gutieva I.G.

Abstract

Human trafficking is a reality of the modern world. Due to the increasing incidence of this crime, human trafficking has become a pressing problem for the entire global community. The author comes to the conclusion that it is necessary to consider the protection of victims of trafficking not only as an element of the system to counter this crime, but also as a factor that can have a positive impact on the detection of this crime. The article substantiates the need to take into account the specifics of the crime of trafficking in persons, its shadowy nature and the frequent use of intimidation methods to victims, which will make it possible to consider the mechanisms for protecting victims of trafficking in persons not only as measures aimed at restoring the violated rights of individuals, but also as a factor capable of positive impact on the detection of the crime.
Sociopolitical Sciences. 2019;9(3):115-117
pages 115-117 views

PATTERNS AND EVENTUALITY IN CRIMINAL LAW REGULATION

Andrianov V.K.

Abstract

According to philosophy, the basis of the emergence, development, functioning and structural construction of any phenomenon lies in its objective patterns. Since in patterns, the content of law is revealed in the most profound manner, the essence of law, the internal logic of legal reality are directly expressed in them. However, in reality there is often lawmakers and law enforcers to disregard the objective laws, the activities carried out in spite of them, which leads to eventuality in the field of law. This article continues the cycle of publications on the problem of criminal law patterns by considering the issue of the correlation between the patterns of criminal law and such basic industry categories on the relationship between necessity and contingency in relation to criminal law.
Sociopolitical Sciences. 2019;9(3):118-122
pages 118-122 views

QUESTIONS OF QUALIFICATION OF CRIMES WITH ADMINISTRATIVE PREVENTION ON THE EXAMPLE OF ARTICLE 1581 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Anoshchenkova S.V., Lavrushkina A.A.

Abstract

The relevance of the study is due to the specificity of the offenses provided for by the Criminal Code of the Russian Federation (hereinafter - the Criminal Code of the Russian Federation). Among the diversity of their types, special attention should be focused on crimes with administrative prejudice, since their design and qualification process have their own specific features that need to be taken into account in practice. The establishment of a prejudicial fact, the existence of which determines the existence of a corpus delicti with administrative prejudice, necessitates a detailed study of the qualification process. The aim of the study is to determine the stages of qualification and the specifics of the composition of crimes with administrative prejudice, using the example of art. 1581 of the Criminal Code. The subject of the research is the specifics of the process of qualifying crimes with administrative prejudice, as well as the characteristics of the composition characteristic of the investigated crimes. In the process of research, dialectical, general scientific (induction, deduction, analysis, synthesis, concretization, abstraction) and private-scientific (formal legal, comparative legal) research methods were used, which allowed for example of art. 1581 of the Criminal Code of the Russian Federation, determine the specifics of corpus delicti with administrative prejudice, draw general conclusions regarding the construction of corpus delicti with administrative prejudice. In the content of the work, taking into account the criminal law provisions in science, regarding the stages of crime qualification, the main stages of qualifying crimes with administrative prejudice are revealed. Separately, the features specific to the qualification of crimes with administrative prejudice are highlighted. For example, art. 1581 of the Criminal Code of the Russian Federation conducted a detailed study of all elements of the elements of crimes with administrative prejudice. The paper presents a comparative analysis of the classic corpus delicti and the corpus delicti with administrative prejudice. The novelty of the article is due to the fact that the proposed author's vision of the stages of qualification of crimes with administrative prejudice, the features of the elements of crimes with administrative prejudice are also identified and justified. The main results of the work are reflected in the conclusion, where the results regarding the qualification stages of prejudicial corpus delicti are summed up, points that must be taken into account when qualifying crimes with administrative prejudice are indicated. In the course of the study, the distinctive features of the individual elements of the crime were clearly highlighted, the issue of the possibility of committing a crime in complicity was considered by the example of art. 1581 of the Criminal Code. The results obtained in the course of the study are aimed at practitioners engaged in preliminary investigation, justice, and can be used by the science of criminal law for the subsequent study of prejudicial compositions. When qualifying crimes with administrative prejudice, it is necessary to take into account that a similar unlawful act was committed during the period of administrative punishment. The corpus delicti does not fit into the classical theory that exists in criminal law, since the object, the objective side and the subject change. The above features should be taken into account in practice for the correct qualification of offenses.
Sociopolitical Sciences. 2019;9(3):123-127
pages 123-127 views

THE INSIGNIFICANCE OF THE INCLINATION TO COMMIT SUICIDE AND THE PROMOTION OF HIS COMMISSION

Filippova S.V.

Abstract

The criminal law assessment of the inclination to commit suicide and the promotion of its commission is accompanied by serious problems. One of them is the possibility of applying the qualifications of the provisions of the criminal law on insignificant actions. Through the prism of the institute of insignificance, the author analyzes the various situations of inclination to commit suicide and facilitate its commitment to determine whether there is a public danger in them. It is concluded that the possibility of recognizing the actions in question is insignificant in accordance with part 2 of article 14 of the Criminal Code of the Russian Federation. This article will be useful for practitioners and researchers, as well as persons studying the disciplines of the criminal law cycle.
Sociopolitical Sciences. 2019;9(3):128-132
pages 128-132 views

REALIZATION OF THE IDEAS OF JUVAL JUSTICE IN CRIMINAL PROCEEDINGS OF RUSSIA

Mosienko V.P., Zakharov A.A.

Abstract

In the present article problems of crime of minors and questions of its prevention are considered. As a result of the analysis of the current state of juvenile justice in the Russian Federation revealed that currently in the Russian Federation only develops legislation and law enforcement practice in the field of juvenile justice. A step-by-step solution of the identified problems is proposed, namely , the training of specialists in the field of juvenile justice, the implementation of the work of juvenile courts in the regions on the example of foreign experience, support from the state budget for the formation of specialized juvenile courts. In conclusion, attention is paid to the fact that in order to implement the ideas of juvenile justice in the criminal proceedings of Russia it is important to clearly establish the legal terminology and unambiguous establishment in the legislation of the concept of juvenile justice, the need to consolidate the foundations of juvenile justice at the legislative level and the delimitation of criminal.
Sociopolitical Sciences. 2019;9(3):133-136
pages 133-136 views

THE STATUS OF MINORS AND ITS LEGAL EFFECTS IN CRIMINAL PROCEEDINGS IN GERMANY

Belozerova I.I., Selezneva N.A., Kleshheva A.A.

Abstract

THE ARTICLE DEALS WITH THE STATUS OF MINORS AND ITS LEGAL EFFECTS IN CRIMINAL PROCEEDINGS IN GERMANY. THE ARTICLE COVERS MAIN LEGAL INSTRUMENTS GOVERNING THE STATUS OF MINORS IN GERMANY AS WELL AS THE LEGAL CONSEQUENCES OF THE CORRESPONDING CRIMINAL OFFENCE.
Sociopolitical Sciences. 2019;9(3):137-139
pages 137-139 views

PRACTICAL PROBLEMS OF THE IMPLEMENTATION OF THE DEFEDANTS’ RIGHT TO CONSIDER THE CRIMINAL CASE IN A SPECIAL ORDER OF THE TRIAL

Mamedov R.Y.

Abstract

This article is devoted to controversial issues in resolving a petitioner's request for a criminal trial in a special procedure, which create preconditions for violations of the defendant's rights. The article states that the petition of the defendant to consider the criminal case in a special order of the trial should not be influenced by the views of the victim on this issue, the presence of a civil suit or the attitude of the defendant to him. The opinion of the public prosecutor should be reasonable. The author believes that the court should be given the authority to make the final decision at its discretion at the request of the defendant. The lack of consent of the victim and the public prosecutor should not be the ground for an unconditional refusal to satisfy the petition.
Sociopolitical Sciences. 2019;9(3):140-142
pages 140-142 views

INSTITUTION OF DISMISSAL OF CRIMINAL CASE AND PROSECUTION ON DISCRETION BASIS AS A LEGAL MECHANISM OF RESTORATION OF THE RIGHTS OF VICTIM IN CRIMINAL PROCEEDINGS

Kucherov G.N.

Abstract

The article considers reasons of appearance and development of institution of dismissal of criminal case and prosecution on discretion basis in the Russian criminal procedure law. In the scope of analysis is dependance of legal ruling of institution of dismissal of criminal case on ideas of initiation of criminal procedure in different historical periods. Author scrutinizes modern state of institution of dismissal of criminal case and procedure from perspective of using it as a tool to initiate criminal procedure, and protect civil rights and freedoms of individual and citizen.
Sociopolitical Sciences. 2019;9(3):143-147
pages 143-147 views

CLASSIFICATION OF ACTUAL ISSUES OF THE INSTITUTE OF DIGITAL CUSTOMS IN THE WORLD CUSTOMS ORGANIZATION

Mozer S.V.

Abstract

The presented article reveals topical issues of the formation of the digital customs institution at the World Customs Organization. Based on the study of the WCO working materials, the author conducts a classification of the thematic of digital customs. The article touches upon the issues of the formation of the conceptual apparatus, as well as the conjugation of the analyzed institution with information communication technologies. There are also conclusions related to the results of the study. The research material is a matter of interest to a wide range of specialists whose activities are related to the improvement of customs regulation, development of the institute of digital customs, as well as international customs law.
Sociopolitical Sciences. 2019;9(3):148-155
pages 148-155 views

CONCEPT AND IMPORTANCE OF CRIMINALISTIC CHARACTERISTICS OF THE IMPLEMENTATION OF NARCOTIC MEANS PERFECTED BY CONTACTLESS METHOD

Bitov A.A.

Abstract

In the process of investigating criminal cases relating to the sale of drugs, representatives of the investigating authorities do not only work in the criminal law field. It is necessary to immerse in the forensic essence, it is necessary to have relevant knowledge about the typical, from a forensic point of view, the signs of the types of crimes investigated by him. You must be able to find the proper information, comparing it with the forensic characterization of the relevant wrongful act. It is the aforementioned that determines the relevance of our article, which reflects the opinions of various scientists with regards to the elements included in the forensic characterization of the illicit sale of narcotic drugs, perfect in a contactless way.
Sociopolitical Sciences. 2019;9(3):156-159
pages 156-159 views

SOME QUESTIONS OF INTERACTION OF AUTHORITY OF PRELIMINARY INVESTIGATION OF RUSSIA WITH THE RELEVANT COMPETENT AUTHORITIES AND OFFICIALS OF THE FOREIGN STATES DURING INVESTIGATION OF CRIMES

Lvov S.A.

Abstract

In the article, the author investigates some problematic issues of interaction of different States in the provision of legal assistance in the course of detection and investigation of crimes.
Sociopolitical Sciences. 2019;9(3):160-164
pages 160-164 views

THE RIGHT TO THE INVIOLABILITY OF THE CREATIVE WORK AND THE RIGHT TO RECAST IT

Dragunova S.A.

Abstract

The article analyzes the right to the inviolability of the creative work and the right to recast it as components of copyright. Thus, we studied the circle of subjects of the right to the inviolability of the creative work and its recast, the procedure for the protection of these rights, analyzed the Russian judicial practice. At the same time, if the right to the inviolability of a work has a personal non-proprietary nature, then the right to recast is a part of the exclusive right, which is a proprietary one. The different legal nature leads to the fact that in practice there are numerous difficulties associated not only with determining which right was violated, but also with the different order of protection of these rights and differences in the requirements that can be claimed by the right holders.
Sociopolitical Sciences. 2019;9(3):165-168
pages 165-168 views

SOME PROBLEMS IN STANDARDS OF THE MIGRATION LEGISLATION

Tutukov A.Y.

Abstract

The migration legislation of the Russian Federation does not fully meet the current and future needs of economic, social and demographic development, the interests of employers and Russian society as a whole. It is focused on attracting temporary foreign workers and does not contain measures that promote relocation, adaptation and integration of migrants. It seems necessary to expand the concept of labor migration itself, taking into account the increase in illegal migrants in order to promote and promote the change of their illegal status to legitimate. The article identifies the objective reasons for the illegitimacy of the labor activity of migrant workers, and so identifies ways to help overcome them.
Sociopolitical Sciences. 2019;9(3):169-170
pages 169-170 views

PECULIARITIES OF THE IMPLEMENTATION OF ADMINISTRATIVE SUPERVISION BY THE POLICE

Kodzokova L.A.

Abstract

The most effective means of monitoring persons released from places of detention is administrative supervision, the essence of which is to monitor by employees of internal affairs bodies that a person released from places of detention shall be observed by the court for temporary restrictions on his rights and freedoms, as well as duties. It is administrative oversight that is a really working mechanism for deterring, preventing and punishing offenses by persons released from places of detention. In modern conditions, many questions arise in its implementation, which has led to the desirability of considering the features of the implementation of administrative oversight by the police.
Sociopolitical Sciences. 2019;9(3):171-172
pages 171-172 views

E-GOVERNMENT IN MODERN RUSSIA TRENDS AND DEVELOPMENT PROSPECTS

Dekhanova N.G., Dekhanov A.S.

Abstract

The article analyzes the trends and prospects for the development of e-government in modern Russia. Considered approaches to the interpretation of the phenomenon of e-government; main prerequisites for the development of e-government; leading areas of e-government activities. The article is of undoubted practical importance, since it substantiates the need to improve interaction in the system of government, both between the government and citizens, between the government and business, and between different branches of government, government bodies of one branch of government, between government and government officials. The originality / value of the article consists in the analysis and interpretation of the mechanisms of digital transformation of individual elements of the state administration system of modern Russia. The article is intended for students, undergraduates, post-graduate students, teachers of administrative law, of public administration, of sociology of public administration.
Sociopolitical Sciences. 2019;9(3):173-177
pages 173-177 views

TRANSFORMATION OF MECHANISMS OF IDENTITY ACQUISITION IN THE CONDITIONS OF MASS CHARACTERIZATION

Tsifanova I.V.

Abstract

Purpose. The priorities of mass culture are determined by the power lines for the introduction into consciousness of new types of worldview and worldview. The changes in the sphere of life observed in the era of Internet communication deserve reflection and attention on the part of humanitarian knowledge. Summary. The transmitted experience in the conditions of mass culture and virtual communication is multidimensional. In the world of goods and consumption everything, even the process of self-identification acquires dynamic mobility and consumer character. Practical importance. Materials can be used to seal the mechanisms of identity acquisition and the development of new models of self-identification, in which identity is a function. Originality lies in the analysis of the transformed mechanisms of identity acquisition in the conditions of existential crisis.
Sociopolitical Sciences. 2019;9(3):178-182
pages 178-182 views

CIVIL SOCIETY INSTITUTIONS IN THE FIGHT AGAINST CORRUPTION

Dadova Z.I.

Abstract

The article analyzes the ways of interaction between the state and civil society institutions in the fight against corruption. It considers the most pressing issues of interaction. The author also focuses on the relevance of teamwork and the importance of public control of this process. There is a need to strengthen the contact of the state and society in the fight against corruption, improving the mechanisms for its detection, as well as ways to prevent it. Emphasis is placed on enhancing the activities of civil society institutions in this process and their indifferent attitude to the facts of corruption.
Sociopolitical Sciences. 2019;9(3):183-185
pages 183-185 views

REVIEW OF THE TEXTBOOK «FUNDAMENTALS OF ADMINISTRATIVE LAW OF RUSSIA» PREPARED UNDER THE EDITORSHIP OF DOCTOR OF ECONOMIC SCIENCES, ASSOCIATE PROFESSOR OF THE DEPARTMENT OF PUBLIC ADMINISTRATION OF THE FACULTY OF MANAGEMENT AND POLICY OF MGIMO A. MIKHEEVA

Abstract

In the review, the author analyzes the textbook «Fundamentals of administrative law of Russia». The author characterizes the textbook as a comprehensive legal study, which contains deep theoretical and practical conclusions and is based on the reformed legislation, judicial practice, and research of modern civilists. In its theoretical and practical part, the textbook is based on the reformed legislation, judicial practice of modern works of administrative scientists, deeply and qualitatively worked out by the authors of the study of classics of administrative law, as well as deeply worked out studies of recent years on the subject of the manual.
Sociopolitical Sciences. 2019;9(3):186-187
pages 186-187 views

PUBLIC ASSOCIATIONS AS SUBJECTS OF LEGISLATIVE INITIATIVE: CONSTITUTIONAL-LEGAL AND POLITICAL ASPECTS

Vasyutkin N.E., Anisimov I.V.

Abstract

In the USSR, public associations in the 1970-s were granted the right to initiate legislation in order to democratize lawmaking. Currently, at the federal level, public Associations do not have this right. However, the federal legislator has the opportunity to vest the right of legislative initiative in the subjects of the Russian Federation. The regional legislative practice of conferring this right, establishing the order and conditions for its implementation, allows us to conclude about the personification (individualization) of the subjects of legislative initiative, a differentiated approach in determining the scope of rights and powers of the subjects of legislative initiative. The authors made proposals for the improvement of federal legislation in the implementation of legislative initiatives in the regions.
Sociopolitical Sciences. 2019;9(3):188-193
pages 188-193 views

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