卷 18, 编号 2 (2022)

Purpose of the study. The article analyzes the possibility and expediency of qualifying such facts as legal, which were recorded only by human memory. The composition of the elements that form the mechanism of this form of fixation is also determined. Results. The facts reflected in human memory can be considered as legal and entail legal consequences in the forms of direct implementation of the right (primarily, when using the right). To designate the mechanism for fixing and transmitting information about facts with the help of consciousness, a new term is introduced-«mnemonic form of fixing legal facts».

Purpose of the study. The article provides an analysis of scientific and educational literature regarding this topic. The authors turn to the historical and philosophical aspects of the existence of interpretation. Different perspectives on the notion of interpretive technique are given. The functioning and the need for interpretation in the legal field are separately highlighted. Results. The authors logically concluded what the pace of development and the practical necessity of interpretive legal technique.

Introduction. The article examines in a broad context the legal value of the constitutional provisions on the stabilizing role of budgetary federalism and Russia's currency sovereignty in the context of US and Western sanctions against Russia. The article deals with topical legal problems of counteraction of the Russian economy to foreign sanctions using the ideas of ensuring security and economic growth laid down in the Constitution of the Russian Federation. Within the framework of constitutional and financial law, currency, budgetary, unified economic public-authoritative measures of protection against sanctions are determined. They are based on the doctrinal and conceptual foundations of the stability of the constitutional order and the rule of law of the state. The legal value of the constitutional principles of protecting the monetary, financial, budgetary, economic sovereignty of Russia in the wording of the Constitution of the Russian Federation of 07/04/2020 is noted. It is emphasized that the updated Constitution of the Russian Federation strengthens the financial and stabilization function of the national currency with the planning and coordinating role of budgetary federalism and a single public financial mechanism for ensuring the stability of the financial system and the economy of the state. Materials and methods. The method of legal analysis of the norms of constitutional and financial law emphasizes the legal «value» of protecting budgetary federalism, currency sovereignty, citizens' rights to indexation of budget payments and other norms of the Constitution of the Russian Federation. The goal-setting social and security impact of general and special principles of constitutional law as priorities for the financial and economic stability of the state in the face of external threats was revealed. When considering anti-sanction measures of the President of the Russian Federation and the Government of the Russian Federation for 2020-2022 noted their focus on increasing the role of budgetary federalism, currency sovereignty, the unity of action of public authorities in financial and budgetary relations. Results. The effectiveness and consistency of anti-sanctions legal measures developed by the state over the past three years are shown. The growing influence of special constitutional and legal methods of protecting monetary and financial sovereignty, budgetary and tax federalism, parliamentary control of a balanced interbudgetary and interdepartmental distribution of budget revenues is noted. Discussion and conclusions. Being a constitutional and legal category of financial law, the constitutional principles of budgetary federalism, currency sovereignty, and unity of public authority are applied as a general doctrinal national idea of countering sanctions. In this sense, the constitutional foundations are significant, that is, «valuable» for the implementation of an effective foreign and domestic policy of the state, in the socio-economic, political, defense-strategic, financial and other spheres.

The relevance of this study is due to the federal structure of Russia. In all countries with a similar type of state-territorial structure, local taxes and fees play a significant share in budgets. In Russia today, local self-government is only undergoing formation and development, so it is especially important now to understand the overall picture and the existing problems with respect to local taxes and fees and to have concrete ways to solve them.

The article considers the key aspects of the external and internal nature that have had a significant impact on the current state of the Russian agro-industrial complex. For this purpose, from a critical point of view, the following are studied: national priorities and international restrictions that have been formed in the domestic practice of agriculture after joining the WTO; national features of state support and tax systems of the USA, Germany and China; Russian model of taxation in the form of a unified agricultural tax. As a result of the study, the author concludes that Russia's accession to the WTO has imposed obligations on our country that do not always meet its national interests. The consequence of the mentioned factors was the low competitiveness of the Russian agricultural producer in the international market. The study of the world, primarily Chinese, experience in this area made it possible to state that the policy of national priority applied by the considered countries is extremely effective and can be applied in the Russian economic conditions.

Research Objective. Since 2014 Russia has been developing under sanctions pressure from a number of Western European and North American states. In 2022, the sanctions pressure has become particularly widespread and threatens to affect most vital spheres of social life. Under such conditions, sanctions risks will naturally affect the sphere of labor migration as well. The Russian Federation has traditionally been an attractive country for migrant labor, especially for citizens from neighboring countries, and before 2014 was one of the leading countries in the world for this indicator. Not the least of these was the progressive liberal migration legislation of the Russian Federation. However, the latest package of sanctions against our country threatens with serious negative consequences in this area. In this article, using methods of general scientific and general legal analysis, systematization and generalization, the current situation with the state-legal regulation of labor migration is characterized, the main potential problems associated with the risks of sanctions are revealed and some legal ways out of them are proposed. Conclusions. As a result of the study the most acute expected problems in the field of migration, which threaten to lead to imbalances in the domestic labor market, were identified. Among the proposed legal ways to overcome the sanctions pressure in this area, the most significant are legal tools to attract foreign highly qualified specialists to the country on a long-term basis.

In the context of the collective West waging an economic and information war against Russia, the level of responsibility for ensuring the information security of managerial and economic activities in fuel and energy complex (fuel and energy complex) organizations is significantly increased, in particular in the process of selecting and handling information to be included in the state information system of the fuel and energy complex. We are talking about the allocation of up-to-date information in the fuel and energy sector organizations about the state and forecast of the development of the fuel and energy sector and its protection with the help of established legal regimes of state, official and commercial secrets, since the leakage and illegal use of such information can cause significant harm to the individual, society and the state. Protected confidential information circulates in fuel and energy sector organizations along with open information, however, there are difficulties in determining the degree of confidential such information when it is included in the state information system of the fuel and energy sector. The author analyzes the legislative and corporate regulation of relations in the field of information security of the fuel and energy complex, substantiates the content of the list of information constituting confidential information, and suggests a methodology for determining the degree of confidentiality of information in fuel and energy organizations.

Purpose of research. The problem of public danger as a property of an administrative offense remains relevant in legal science. In this article, the author sets himself the goal of systematizing the current points of view on this issue and formulating his own reasoned position. Results. The study of the problem stated in the title of the article allows us to assert: 1. To date, the following main approaches can be distinguished in assessing the relevance of public danger to the properties of an administrative offense: - administrative offenses do not pose a public danger, but are socially harmful phenomena; - not all administrative offenses are socially dangerous or socially harmful phenomena; - all administrative offenses have a certain degree of public danger. 2. It seems appropriate to include a sign of public danger in the definition of the concept of an administrative-legal tort.

In this article, the author touches on a number of problematic issues related to the interaction of various departments and organizations in the search for minors. The list of subjects of interaction in the search for minors missing in action is given, the features of their interaction in this area of activity are revealed, ways to improve joint (coordinated) actions in order to increase the effectiveness of the search are proposed. Examples of positive experience of interaction of internal affairs bodies, the Investigative Committee of the Russian Federation, the Ministry of Emergency Situations of Russia, representatives of the forest guard with volunteer organizations are brought. The author of the scientific article notes the problems of legal, organizational, psychological aspects of the interaction of various departments and organizations in the implementation of search activities for minors. These problems are caused by the insufficient development of modern methods of searching for minors in urban conditions and the natural environment, as well as tactics of using special knowledge during the inspection of accident sites and search and rescue activities. It should be noted that the quality of search and rescue activities, the level of interaction between their participants significantly increases when regular joint training camps and exercises are held in the regions. He conclusions given in the study are: the author of the article improved the tactics of examining the scene of the incident (residence) of the missing minor, adjacent areas and methods of search activities in the city and the natural environment; developed recommendations to investigative and expert units on the organization of the introduction of modern technical and forensic tools and methods and activities aimed at improving the effectiveness of the search for missing persons methodological recommendations have been prepared (taking into account the regional aspect and the features identified in the course of the study) on the interaction of the Prosecutor's Office of the Russian Federation, internal affairs bodies, the Investigative Committee of the Russian Federation, the Ministry of Emergency Situations of Russia, volunteer and other organizations in the search for missing minors.

The relevance: caused by the significant increase in recent years in Mongolia the number of annually recorded crimes of illegal logging, as well as the increased risk of these crimes. The regulation of nature conservation in both Mongolia and Russia at present and the liability for illegal traffic in illegally logged wood. The purpose: a comparative analysis of the methods of illegal logging in Mongolia and the Russian Federation, as well as an analysis of legal regulation. To develop a proposal for further improvement of the legal regulation of criminal liability for illegal logging in Mongolia. The methods: The methodological basis of the study was the general dialectical method of cognition, contributing to a systematic and diverse examination of the specifics of committing crimes in the field of illegal logging. In addition, in the research process, description methods, generalization, and comparison were used. The conclusion: The author concludes that the typical methods of illegal logging of forest stands in Mongolia and the Russian Federation have great similarities and important forensic significance for the formation of a methodology for investigating crimes of this category. At the same time, the criminal law regulation of liability for illegal timber trade in Mongolia requires improvement and the use of such regulation according to the experience of the Russian Federation.

In the article, based on the historical and comparative legal research of domestic criminal legislation and the criminal legislation of China on responsibility for involvement in prostitution, common and distinctive features of the considered elements of the crime are identified, their structural parts, the content of dispositions, as well as qualified types and punishment are investigated. The history of the emergence of this criminal activity is considered. It is concluded that the Chinese legislator unites prostitution and involvement in such activities with a common meaning; coercion to engage in prostitution and the organization of such activities.

In this article, the author aimed to analyse the question of the place of illegal abortion in the system of crimes against life and health. In order to achieve this goal, a layer of tasks was accomplished: consideration has been given to the present stage of the development of the legal regulation of illegal abortion and the doctrinal approaches available regarding the legal regulation of this procedure and its legal consequences, as well as the criminal law analysis of this offence. Separately, in order to achieve the above objectives of the study, the author highlights the aspects of proper qualification of illegal abortion, as well as the analysis of features (criteria) differentiating between illegal abortion procedure, murder and murder of a newborn baby by the mother. Ultimately, the author, using general scientific methods of research, as well as private scientific methods, among which are comparative-legal and system-structural methods, concludes that the problem of distinguishing related crimes against life and health is relevant, both for Russia and for other countries of the world. The correct location and proportion of illegal abortions, which may be differently labelled in other countries' legislation, is essential for the case-by-case management, correct sentencing and the prevention of similar crimes in the future.

The Commonwealth of Independent States, as a consolidated platform of the united 11 states of the Soviet Union that left the historical arena, on the principles of political expediency, sovereignty, the dominance of the legal, moral components - legality, embodied in the practical activities of state bodies and in the legal consciousness of citizens.

The article provides an analysis of a standard contract of compulsory state insurance of life and health of civil servants. In the course of the study, the author highlights the features of this contract, based on the norms of the current civil legislation. Before considering the actual elements and features of a compulsory state insurance contract, a description is given of the public service in the Russian Federation and its types, military, civil, etc. It is noted that the legislator singled out different public services into one group in terms of the implementation of state security, expressed in the implementation of compulsory state life and health insurance of persons serving in such departments. The article considers in detail the main elements of the contract of compulsory state insurance of life and health of civil servants. The subject composition of the contract is considered, in particular, the insurer for this type of insurance is a commercial corporate organization that meets the established requirements, expressed in the presence of a special permit (license), compliance with the requirements of the current legislation on state secrets, as well as experience in the field of personal insurance. As a result of the study of the elements of a standard contract of compulsory state insurance, the conclusion is formulated that under the contract of compulsory state insurance of life and health of civil servants, an insurance organization that has received a license in the prescribed manner, as well as won according to the results of the competition, undertakes for a certain fee paid from the funds of the state budget by the federal executive body, to pay a lump sum specified by law and the contract to the person specified in the law and the contract in the event of the occurrence of events specified in the law. Further, the article discusses certain features of compulsory state insurance of life and health of civil servants, in particular, it is concluded that such an agreement is consensual, reimbursable, mutual, aleatory, and is also concluded in favor of a third party.

This article examines the current practice of naming biomedical cell products in the Russian Federation. In particular, the author notes the lack of legal regulation of this issue. On the other hand, on the territory of the EAEU, high-tech medicines are equated to medicines and the practice of their names is similar to the practice of names of medicines in accordance with the international non-proprietary name. The aim of the research is to consider possible scenarios for regulating the practice of naming biomedical cell products at the legislative level in Russia. Research methodology: analysis of the current legislative framework of the Russian Federation in the field of biomedical cell products and foreign experience in the field of naming such medical products. The novelty of the research lies in the determination of a possible scenario for the regulation at the legislative level in the Russian Federation the issue of the correct compilation of the name of biomedical cell products.

This article is devoted to the study of the innovative development of foreign countries. The study of the topic is due to the importance of innovation in the modern world. It can also be said that there is a struggle for leadership between states, which cannot but be connected with innovations, that is, development technologies. This fact proves the relevance of the study. The purpose of the study is to consider the innovative development of foreign countries. Research methodology: analysis of the practice of innovative development in foreign countries. The novelty of the research lies in the accumulation of available information about the innovative development of foreign countries, as well as summing up these conclusions.

A crucial change in the recent reform of international investment agreements and investment laws is the introduction of mediation into ISDS de novo. It is found that mediation in the international investment dispute settlement mechanism has preliminary treaty basis and has unique practical value and good application space. Under the background of the increasing acceptance of the Singapore Convention on Mediation, the foundation has been laid for the reconstruction and development of the international investment mediation mechanism. Facing the development trend of the application of investor-state dispute settlement mechanism, China should create external conditions, accelerate internal supporting, improve the practical basis, increase the treaty norms and participate in multilateral reform.

The paper presents an overview of methods for modeling nonlinear dynamics and provides recommendations for choosing a suitable model by analyzing the dynamics of growth rates of electricity production in Russia. A modified autoregression model is proposed as the best approximation, on the basis of which it is possible to estimate a short-term forecast. The economic analysis and justification of the division of the initial sample were carried out, the quality and accuracy of the constructed model were evaluated, conclusions were drawn.

The purpose of this article is to conduct a study on the causes and conditions of corruption in the system of state and municipal procurement in the context of economic security. The theoretical significance of this article is the analysis and systematization of scientific research related to the mechanism of causes and conditions of corruption in the system of state and municipal procurement in the context of economic security. The practical significance of the presented research is that the main causes and conditions of corruption in the system of state and municipal procurement in the context of economic security have been established, as well as mechanisms for neutralizing such a phenomenon have been proposed, which will allow improving the mechanism causes and conditions of corruption in the system of state and municipal procurement in the context of economic security. The conclusions obtained in the course of the study are as follows: scientific research related to the mechanism of causes and conditions of corruption in the system of state and municipal procurement in the context of economic security is systematized; the features of its development in modern conditions are disclosed; recommendations on the development of legal norms for establishing the causes and conditions of corruption in the system of state and municipal procurement in the context of economic security are proposed; the state and municipal procurement market in Russia seems to be one of the important elements of its economic development, where the role of the mechanism regulating the relevant relations in the context of economic security is assigned directly to the contract system in the field of procurement; in the organizational and economic mechanism of public procurement in the context of economic security in the form of an electronic auction, effective forms and methods of influencing the management and regulation of the procurement system processes have not been developed; the structure of corruption crime in the context of economic security in the field of procurement has its own specific features; among the list of types of crimes committed, various forms of abuse of official powers, receiving and giving bribes, restriction of fair competition and others prevail, which are committed in a carefully veiled form, and the subject of criminal encroachment is most often financial means; along with manifestations of corruption, unscrupulous representatives of the commercial sector are embezzling budget funds allocated by the state under targeted programs, the formal fulfillment of the requirements of which causes tangible harm to the economy of the state.

The article considers a measure of governmental support for small and medium-sized enterprises-non-raw exporters, operating on marketplaces, and conducting active online trading through the Single Window for Export. The considered experience of foreign countries, where support has been provided for several decades, is taken as a benchmark for application in Russia. In Russia, discussions about supporting small and medium-sized enterprises-non-raw exporters have been going on for a long time, and certain actions have begun towards creating a Single Window, and training programs for sellers of marketplaces. However, against the background of Asian countries, where the share of e-commerce is historically higher than in Russia, and enterprises have much more experience in trading on marketplaces, Russia is still at the initial stage, trying to take the first steps in this direction. Considering the experience of countries with a developed e-commerce system will allow drawing lessons and conclusions, taking some measures as a basis, and shift them to Russian realities. This article is part of a series of articles devoted to small and medium-sized enterprises operating on marketplaces and considers the issue of governmental support. At that, the very marketplaces play a great role in assisting small businesses. Only in the case of public-private partnership is it possible to achieve the best effect in providing governmental support.

This paper examines the key problems of ensuring economic and financial security at the present stage. The author identifies various threats and offers methodological recommendations aimed at overcoming them, taking into account the peculiarities of the federal structure and the specifics of the economic situation in Russia. Particular attention is paid to theoretical aspects that allow us to identify key concepts that need to be used in the study of issues of effective economic security in the state.

The article considers tax incentives taking into account sectoral characteristics (using the example of housing construction). The peculiarities of regulating the activities of construction organizations taking into account the implementation of tax control is distinguished. Tax incentives for housing construction by providing tax preferences to consumers of construction services were considered. The goals of the research work: to determine the main issues arising from taxation in construction and to highlight the directions of tax incentives. Conclusions obtained during the study: the directions of tax incentives were assessed taking into account the current economic situation.

The article presents an analysis of current trends in the distribution of personnel functions. Modern economic processes, transformations taking place in the field of personnel management require the development and implementation of new forms of management, especially in terms of the distribution of personnel functions. This is important because it is precisely how an effective and modern system of distribution of functions of personnel solves the problems that exist in the field of distribution of functions of personnel. In commercial organizations of the Russian Federation, traditional technologies for the distribution of personnel functions are used, which in many respects do not correspond to the economic and managerial principles of modern society. The digitalization of the economy and the active development of the management system in the Russian Federation require the use of new technologies for the distribution of personnel functions that will solve problems. These problems include duplication of functions by staff; lack of an effective system for assessing the performance of personnel. In modern economic conditions, human resources are still one of the key factors of production. It is necessary to study, develop and implement new personnel management tools, especially in terms of the distribution of personnel functions. The purpose of this work is to analyze current trends in the distribution of personnel functions in commercial organizations of the Russian Federation.