卷 18, 编号 1 (2022)

This article discusses the theoretical and legal aspect of ensuring the national security of the Russian Federation. The globalization processes taking place in the modern world are accompanied by the growth of contradictions in the international arena. In addition, today, there is instability in the socio-economic development of Russia, due to a number of both external and internal factors. All these factors are a threat to Russia’s national security. The threat level to Russia’s national security is quite high. This is evidenced by the events taking place in the world and in Russia in the last few years and months. Thus, new challenges to Russia’s national security require an adequate response of the state to them, which indicates the relevance of the topic of this article. Solving the problem of ensuring Russia’s national security requires its comprehensive study, which also actualizes this article. The purpose of writing this article is an attempt at a comprehensive theoretical and legal analysis of ensuring the national security of the Russian Federation. The object of the study is the issues of national security of the Russian Federation in modern conditions. The subject of the study is the theoretical and scientific-methodological foundations of ensuring the national security of Russia. The methodological basis of the research is the methods of general theoretical analysis and logical synthesis. As a result of writing the article, the author concludes that Russia is subject to threats of both external and internal nature. The current stage of development of the Russian state is characterized by the intensification of these threats. The solution to the problem of ensuring the national security of Russia should be of a comprehensive nature, while relying on methods of a state-legal nature, provided that the state and civil society actively interact.

The article examines the question of the time of the beginning of the operation of a legal fact as a basis for the occurrence of legal consequences. This is objectively related to the problems of objectifying a legal fact as an integral part of legal reality. Such objectification is possible in various forms (registration, certification, etc.). Based on the analysis of certain aspects of the designated issue, the conclusion is formulated that in order to refer to any cases of external expression of legal facts in legal reality, the term «fixation» can be used, in the broad sense of its understanding.

A task. The article is devoted to the development of the main components of conducting a legal audit of disputes as a tool for resolving and preventing disputes arising in companies, the subject of which is the presence of overdue accounts receivable or accounts payable, disagreement with the creditor's claims, violation of contractual rights and obligations, issues of civil law relations and corporate disputes, as well as the possibilities of the audit to prevent and resolve such situations. Model. The article presents the main elements of the methodology of conducting a legal audit of disputes, which contribute to the mediation, conciliation procedure aimed at the inadmissibility of the dispute, or, if there is one, to resolve the dispute and develop solutions to eliminate it. Conclusions. The direction studied in the article is an important basis in the audit of the company's activities due to the fact that most of the company's functioning processes depend on its reputation in the market, which is impossible in the presence of a large number of court disputes. It is the systematic conduct of a legal audit of disputes that will allow not only to obtain actual results, but also to develop measures to prevent conflict situations or disagreements and use them for preventive purposes. The measures proposed in the article will improve the procedure for conducting a legal audit of disputes and systematize the issues of using the verification methodology in this area. Practical significance. The practical significance of the article lies in the fact that the conclusions obtained and the proposed aspects of the methodology of legal audit of disputes are the basis for the development of preventive measures for negotiations in conflict situations with employees, for the elimination of corporate conflict and violation of the rights of the client, in cases of assessing the prospects for pre-trial settlement of the dispute and when searching in this area for optimal options for further actions of the company. Originality. Legal audit of disputes is an important area in the company's activities due to the fact that in the process of its implementation, not only an analysis of a dispute arising with the participation of the organization on the application of legal norms is carried out, but also what is most in demand and important is the development of options for resolving these disputes and analyzing the prospects for their resolution in favor of the company. At the same time, this area of audit has not been fully investigated and presented for practical application.

In this scientific work, the authors cite common types of information and communication tools used by modern cybercrime to commit illegal tort. The work includes fairly convincing statistics on the state of crime that indicate the growing impact of cybercrime. The use of cryptocurrency as one of the most common infocommunication tools and means used in the commission of crimes and for their commission was emphasized fairly. In the current scientific article, the opinions of domestic scientists are fairly analyzed, in essence, the problems of the study. In the final part of the work, theoretical and applied conclusions and proposals are formed, the content of which, in their practical application, can become the basis for the implementation of high-quality work to reduce the crime risks of using infocommunication networks in general and their individual tools in particular.

The article discusses the features of the legal regime of intellectual assets pledge in Russian and foreign legislation. Separate types of intellectual property collateral are analyzed. Based on the analysis of existing approaches in Russia and foreign countries to the legislative regulation of the pledge of exclusive rights, it is proposed to form a basic regime applicable to all intellectual assets based on general principles and methodological approaches. Within the framework of special legal norms, it is proposed to establish an obligation to use the result of intellectual activity, the rights to which have been pledged, in order to preserve its economic value. Taking into account the practice of the European Court of Justice, which recognizes the economic value of unregistered trademarks, it is concluded that it is possible to pledge exclusive right to an application for registration of a designation as a trademark.

Among the congenital pathologies of sexual development, hermaphroditism is of the greatest interest as a disease that, on the one hand, provokes social discrimination against persons diagnosed with gender formation disorders, and on the other hand, acts as a trigger for the violation of the rights of intersex people in a variety of social relations. Among the problems identified during the study, we can identify: 1) gender reassignment is made only after the diagnosis of «transsexualism», preceded by a psychiatric examination, whereas hermaphroditism is not associated with mental disorders, but occurs against the will of the patient; 2) there are «blank spots» in the existing gender reassignment procedure: the term of the state of an intersex person under the supervision of a psychiatrist has not been established, the requirements for medical institutions involved in the examination of such patients are not specified, it is not clear whether the attending physician of an intersex person can be a member of the council gender reassignment doctor; 3) due to the limited legal capacity of minors, the priority in choosing the legal and actual gender even in a situation with an intersex child belongs to his parents, which often cripples a small patient. To solve the identified problems, the researcher proposed: 1) to provide at the level of legislative and by-laws for intersex persons to change gender to a different diagnosis than transsexualism; 2) to overcome «blank spots» only after a comprehensive discussion of problematic aspects with all interested parties, after which it is possible to develop normative regulation; 3) when diagnosing hermaphroditism in a child, preference should be given to the opinion of medical specialists, who will have the right to postpone surgery with an unambiguous sex determination, while the parents should have the right to choose the «gender of education» of the child.

This scientific work analyzes the concept of crowdfunding, provides the most striking examples of the successful implementation of the collective financing method, examines the problem from a legislative point of view, highlights the shortcomings and suggests solutions, as well as proposed changes in legislation.

Goal. In the article applicability of contractarian theory of a firm to analysis of status of minority shareholders of non-public corporations is researched. The theory was elaborated in foreign literature (for instance, in the articles of F.H. Easterbrook and D.R. Fischel), but is still significantly unknown to Russian law science, aspects of its relations with Russian law was not examined. Conclusions. It is noted in the article that the theory see minority shareholders as subjects of relations regulated by voluntary acts (contracts) of different legal nature, which are made irrationally and require state intervention. The conclusion that Russian law is based upon the premises which are not contradictory to the contractarianism is made on the basis of analysis of the positions of the Supreme Court of the Russian Federation and Russian legislation. Russian law also sees corporate relations of members as based upon transaction which as contracts are voluntary, but sometimes require state intervention. Essence of contracts, according to contractarianism, is not reduced to legal relationships, but anyway has legal significance. It is also proves applicability of the theory in Russia. Theoretical significance. For the first time the conclusion about possibility of application of contractarian theory is made due to significant uniformity of positions of the theory and Russian law. The theory provides alternative economic view for the law scholars as to position of minority shareholders as similar to the position of a weak party of a contract, not a weak party of corporate relations.

The article examines the features of criminal liability for evasion of customs duties, special, anti-dumping and (or) countervailing duties levied on an organization or an individual, and analyzes the relevant objective and subjective signs of the composition of this crime in accordance with the latest legislative innovations and taking into account the problems that arise in the practical sphere when qualifying Article 194 of the Criminal Code of the Russian Federation. Within the framework of this article, the reasons for legislative changes that cause the introduction of an additional condition for criminal liability for evasion of payment of special, anti-dumping and (or) countervailing duties are determined. The author analyzes the expediency of legislative expansion of the conditions for criminal prosecution under the article in question and draws conclusions aimed at determining a unified theoretical approach for the implementation of the correct qualification under Article 194 of the Criminal Code of the Russian Federation, taking into account legislative changes, and also provides proposals for further improvement of criminal legislation in a similar vein.

The article analyzes problematic issues related to the formation of the legal composition of the jury. In particular, the author analyzes the issues of selection of candidates for jurors, verification of information about them, and also considers problematic issues of the parties' statements of unmotivated challenges to candidates for jurors. Based on the analysis of the norms of legislation and judicial practice, the author makes proposals to improve the norms of the Criminal Procedure Code of the Russian Federation on the issues under consideration.

Purpose. To analyze the legal status of observers in the World Customs Organization (WCO). Design/methodology/approach. The research article is devoted to the issue of the legal status of observers in the WCO. The subject of the study is the legal instruments and tools of the World Customs Organization, as well as its acts regulating the legal status of observers. The research material presents the historical aspects of the participation of observers in the WCO activities, analyzes their international legal status, and also considers the procedural aspects of the work of observers in the activities of the working bodies of this organization. Based on the results of the study, conclusions and recommendations were formed within the framework of cooperation between the Eurasian Economic Commission and the WCO. Social implications. Conducting a study of the legal status of observers in the WCO is associated with the implementation of paragraph 11.7.5 of the Strategic Directions for the Development of Eurasian Economic Integration until 20252 in terms of cooperation with this international organization. Practical meaning. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC), and can be used by specialists from customs and other executive authorities in the EEU Member States, EEC experts to organize and implement mutually beneficial customs cooperation between the EEC and the WCO. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the activities of the EEC, the WCO and is a continuation of scientific and practical publications on the improvement of the EEU law in the framework of interaction with the WCO.

The work examines the problems of security of the most important spheres of life of Russian society: economy, science and education, and their protection from threats, the source of which is the information sphere. The easy and practically unlimited availability of information, the resulting simplification of the educational services provided, the ease of issuing printed publications, the weak information security of business entities and the Russian economy as a whole-all this forms a specific source of information threats to the security of Russia.

This article examines the migration processes in Germany, which have a great impact on the national economy. Based on statistical data from open sources for the period from 2005 to 2020 a correlation-regression analysis was carried out. This analysis made it possible to identify significant factors influencing the dynamics of migration processes. These factors include the domestic national product, wages and unemployment rates. The constructed econometric model allows predicting the level of migration and making management decisions on measures to influence it.

The purpose of writing this article is to conduct a study in the field of identifying the main reasons for the increase in the cost of motor fuel in Russia in the context of economic security and to make a comparative analysis of the cost of fuel in key countries. The theoretical significance of this article is the analysis and systematization of scientific research related to the mechanism of price formation and the reasons for the increase in the cost of motor fuel in the context of economic security. The practical significance of the presented study is that the main reasons for reducing the consumption of motor fuel by the population and the decrease in oil refining in Russia in the context of economic security are established, as well as mechanisms are proposed to neutralize this phenomenon and reduce the cost of motor fuel, which will improve the pricing mechanism and identify reasons for increasing the cost of motor fuel 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 pricing and the reasons for increasing the cost of motor fuel in the context of economic security is systematized, the features of its development in modern conditions are disclosed; recommendations are proposed for the development of legal norms for establishing domestic prices for the specified product, which will contribute to the activity of small and medium-sized businesses and citizens to engage in entrepreneurial activities in the context of economic security; to ensure a balance of interests of the individual, society and the state, introduce quotas for oil companies to supply oil to Russian oil refineries in the context of economic security, in case of violation of the conditions of domestic supplies, provide for severe administrative measures in the form of multiple fines and deprivation of benefits during oil production, as well as introduce export oil export duties and quotas in the context of economic security; revise the terms of the tax maneuver towards stabilizing the domestic market and providing benefits to companies operating in Eastern Siberia, in the conditions of the Far North and companies producing super-viscous oils, while the main condition should remain the interests of the state as the owner of the subsoil and responsible for the socio-economic situation in country in the context of economic security, and not the interests of investors, while it is possible to use the experience of Norway, where tax conditions are established that allow the main income to be directed to the state budget and develop various sectors of the economy; with an annual increase in motor fuel prices, proceed not only from the interests of oil companies, investors, banks, but also take into account the interests of citizens who have low incomes, which does not allow them to actively engage in economic activity in the context of economic security; to stabilize oil production and guaranteed supplies of oil for domestic consumption in the context of economic security, it is necessary to take measures (legislative, managerial) to develop competition, which will allow the revival of small and medium-sized businesses in the context of economic security; it is proposed to do this in an indisputable manner to withdraw from vertically integrated companies the fields where they stopped producing oil due to unprofitability and redistribute them among small and medium-sized companies in the context of economic security, it is possible in parts where they can continue production (US experience) . There is also the Russian experience in the Republic of Tatarstan, where in a similar way they achieved an increase in oil production in the context of economic security.

The prison system around the world is an institution designed to safely locate people who have been convicted of crimes and sentenced to prison. These persons are known as persons convicted to deprivation of liberty. The more dangerous the crime, the longer the sentence is served. For certain crimes, such as murder and armed robbery, criminals can be sentenced to prison for the rest of their lives. Throughout the world, crime is a socially dangerous act and, as such, the prosecution and punishment of criminals is a legitimate duty of the government. Undoubtedly, the punishment of criminals and their incarceration is supported by the legitimacy provided by the government for this purpose. Heads of penitentiary institutions (public or private) in foreign countries can use several strategies to improve their performance standards. However, some of these actions depend on the ability of correctional managers to cope with certain institutional constraints. The concept of a private prison, especially in some developed countries of the world, is hotly debated among scientists and public analysts. The General idea of the concept is to transfer prison facilities to the private sector under a contract with the government.

The article examines the influence of social, environmental and corporate governance factors on the dynamics of a company's market value. The relevance of the study is associated with sustainable development and the adoption of ESG principles in investment, valuation and financing. The article aims to study the impact of social and environmental factors on the formation of the company's market value. Companies in current conditions are the object of the study. The subject of the article is the transformation of the company's value formation processes influenced by social and environmental factors. The author concludes that there is a moderate relationship between SDS and the company's market value indicators. The study proves that meeting the ESG criteria has a negative impact on the market value of a company in the short term and positive in the long term.

A task. The activities of any enterprise must be carried out in accordance with the law, this aspect is one of the fundamental in the safety of the company's activities. To establish this compliance, a legal audit of corporate documents is carried out, which is the subject of research in the article. The legal audit of corporate documents for their compliance with the requirements of the current legislation is a check of the legal protection of the company, its management and employees in order to assess the compliance of legally significant documents regulating the actions and relationships of the company with the current legislation, as well as to identify vulnerable points of providing corporate documents to the business, without which the company faces financial losses, administrative and criminal liability. Model. The article proposes a classification of corporate documents, presents the procedure for conducting a legal audit of corporate documents for their compliance with the requirements of current legislation and possible typical violations detected during its implementation. Conclusions. The direction studied in the article is an important line in the company's activities due to the fact that all the processes of its functioning are not possible without the participation of corporate documents, and their legality is a security measure of the legality of the company's life. At the same time, this area of audit has not been fully investigated and presented for practical application. The measures proposed in the article will improve the procedure for conducting a legal audit of corporate documents for compliance with the current legislation, as well as systematize existing requests from company managers regarding the use of methods of checking this area for preventive purposes in the organization's activities. Practical significance. The practical significance of the article lies in the fact that the conclusions obtained and the proposed fundamentals of the methodology of legal audit of corporate documents for their compliance with the requirements of current legislation are the core for developing optimal positions of constituent, administrative and other corporate documents, as well as regular monitoring of their updating and rationality of formation. Originality. The uniqueness of this article is due to the fact that both legislative acts and scientific literature pay little attention to the composition of corporate documents and key aspects of the methodology of their legal audit.

The purpose of the research. The article is devoted to the consideration of aspects of the organization of exhibition and fair activities at the federal and regional levels, the analysis of the implementation of this activity by institutions of the Penitentiary System. Conclusions. Exhibition and fair activity is one of the key methods of competition and effective means of communication policy within the framework of economic activity, the result of which is to stimulate sales of manufactured goods and services, including by institutions of the Penitentiary System. The authors analyzed the regulatory and legal regulation of exhibition and fair activities in the Russian Federation and revealed the imperfection of the legislative consolidation of this area. The level and dynamics of the implementation of exhibition and fair activities in the Penitentiary System in the temporal and territorial context are considered. Based on the analysis, the authors describe the problematic aspects of the implementation and priority directions of the development of exhibition and fair activities in the Russian Federation as a whole, and in the Penitentiary System in particular. The key directions of promotion and popularization of products produced by the industrial sector of the Penitentiary System are outlined. Exhibition and fair activities contribute to the formation of a positive image of the Penitentiary System in the eyes of the public.