卷 15, 编号 3 (2019)

The article researches difficult issues of eradication terrorism in the North Caucasus, ways of its permission. There is given short characteristic of a scientific contribution of the North Caucasian institute of professional development to methodical work on prevention of terrorism. It is asserted that two factors such as strong personality of the territorial subject of the federation and creation of conditions of economic wellbeing, welfare of the nation are a basis for terrorism eradication. The article illustrates the synergy of efforts of the Russian leadership on fight against terrorism in the country and in the world. The article notes unresolved problems.

The author of this article considers (international) terrorism as a direct and real threat to security in modern society. It is noted that the process of legal regulation of the fight against this negative complex social phenomenon is one of the most urgent and important tasks. The main object of modern terrorism is the internal (constitutional foundations of the social and state system) and the external security of the state, which requires the need to increase the legal, regulatory and practical regulation of prevention and combating modern (international) terrorism. In turn, the prevention of combating terrorism should be carried out systematically, covering all levels and directions of the regulatory framework, based on a nationwide set of countermeasures aimed at preventing these types of crimes, as well as improving the practice of applying anti-terrorism and anti-extremist legislation.

The article presents an analysis of modern counter-terrorism mechanisms in the Russian Federation. The author comes to the conclusion that, to date, Russia has extensive experience in countering terrorism, which is based on domestic and international mechanisms to combat this criminal act. Improvement of preventive and preventive measures to counter terrorism and the spread of terrorist ideology on the Internet appears to be the most promising directions for the development of this system.

Understanding the nature of extremist activity is extremely important for effectively countering this phenomenon. This article discusses the possibilities of developing productive ways to counter extremism and terrorism in our country. And in our opinion in this direction, first of all, a full scientific and practical analysis of data of social phenomena is necessary.

Russian state authorities are systematically taking measures to combat terrorism, including improving the regulatory framework in accordance with which decisions are made on the qualifications of various criminal acts committed by members of terrorist groups and communities. Regardless, the operational situation in the North Caucasus remains very tense. Most of the crimes related to terror are recorded in this region. The article discusses some examples of the qualification of various crimes committed by terrorist groups and communities, and the author offers solutions to emerging problems in this area.

This article discusses some of the problems that arise in identifying and documenting crimes related to the organization and maintenance of drug accidents. The main objective of the presented research is to analyze emerging issues in the application of criminal law and methods of operational search in identifying this category of crimes and developing practical proposals in order to form effective legal mechanisms for their suppression. Recommendations are given on the methods of identifying, disclosing and investigating crimes provided for by article 232 of the Criminal Code of the Russian Federation, the main stages and procedure for documenting the facts of criminal activities related to the organization and maintenance of drug traffickers are considered.

Education of citizens, the protection of their rights and legitimate interests are an important task and an integral responsibility of society. Of particular importance for the Russian Federation is control over the younger generation. This is because the preventive activities of law enforcement agencies and other authorities, parents or their representatives can prevent juvenile crimes in the early stages. The problem of juvenile group crime is one of the most important issues of social development, which should always be under the close control of the state, since it is this behavior that poses a serious danger to the future development of society and the state.

The article is devoted to the main reasons and conditions that cause corruption crimes and form the basis for the creation of corruption manifestations in the activities of officials of the apparatus of public services and departments. The article also discusses the impact of socio-economic factors that can act as determinants of corrupt behavior of citizens, individual entrepreneurs and officials of commercial organizations. In this paper, the author conducts an empirical study based on an analysis of which highlights the main determinants of the corrupt involvement of various subjects of public relations in illegal activities with the criminal-legal color of “corruption”. The article analyzes and highlights a number of factors hindering the effective work of specialized services and departments in identifying and solving corruption crimes. According to the results of the study, the author concludes the main conclusions and proposals aimed at improving the anti-corruption strategy in general, by intensifying the fight against it through the tools currently available and proposed in this work.

The article presents an analysis of the activities of special subjects to counter the legalization of criminal income in the Russian Federation. The author comes to the conclusion that, to date, a very large-scale system of bodies has been created in Russia, the competence of which is to counteract the legalization (laundering) of proceeds from crime. A special place in this system of bodies is occupied by special entities, to which the Ministry of Internal Affairs of Russia and individual regulators of the financial system - the Bank of Russia and Rosfinmonitoring - should be attributed. Given the rapid development of financial crime in the world and in the Russian Federation, the effective mechanisms for countering the legalization of criminal proceeds are the results of close cooperation between the competent authorities and services.

Modern society is facing many global problems, among which an important place is occupied by the problems of extremism and terrorism. These phenomena are directly related to each other and pose a great social threat. They cause irreparable harm to generally accepted norms, principles and values, destroy the sense of security of people, take away faith in the future, exert strong psychological pressure on him and, in fact, interfere with overall security and stability in society. That is why extremism and terrorism are considered as the most dangerous social and political problems.

Recently, there has been a tendency to increase the spread of extremist ideas using the global Internet. Extremist ideologists have intensified their illegal activities in social networks and other Internet resources. It should be noted that the activities of specialized law enforcement agencies to identify and suppress the spread of extremist materials is quite effective. However, blocking certain sites and users does not allow to resolve the issue until the end. It is necessary to disseminate more actively in the global network materials that compromise extremist ideology, including by explaining the main religious postulates in accordance with the canons of traditional religion.

The article presents an analysis of the criminal phenomenon, which is very important for the modern development of the world community - transnational organized crime. The author comes to the conclusion that, taking into account the serious changes that are occurring in the modern world in the context of globalization, informatization and digitalization of many processes, it seems particularly relevant to explore the theoretical and legal foundations of transnational organized crime. Based on the analysis of international legal acts, a conclusion was made on the content of the notion «transnational organized crime», the characteristic features of the specified criminal phenomenon were determined.

A serious threat to the security of Russia, as well as other states of the world, today is the widespread spread of extremism. According to the author, one of the effective structures capable of countering this is the Ministry of Internal Affairs of the Russian Federation, whose main tasks are to protect public order, ensure public safety, protect the rule of law, the rights and freedoms of citizens. Exploring questions about the role, significance, main functions of ATS in the fight against terrorism, the author comes to the conclusion that it is necessary to consolidate the forces of all progressive humanity and law enforcement structures of the whole world.

In article the author in detail stops on the analysis of objective signs of torture, gives their detailed characteristic. Special attention in work is paid to characteristic of the moment of the end of crime, definition of a causal relationship and the analysis of such sign as «special cruelty». The author, considering that the Criminal code of the Russian Federation includes a number of norms in which criminal liability for torture application, and signs of torture is regulated, but the independent criminal norm is absent, considers that it promotes ambiguous approach to determination of character and degree of public danger of such act and demands introduction of amendments to the Criminal Code of the Russian Federation.

In the article, the author aims to trace the correlation of international humanitarian legal and antiterrorist regulations in the process of actively developing the theory and practice of countering terrorist threats. The author develops a theoretical conclusion that is important for law enforcement practice on the variability of the nature and extent of interaction between international humanitarian law and anti-terrorism law, depending on the context. Constructive is the thesis of the inevitability of balance in the processes of implementation of these branches of law in the fight against terrorism.

In Russia the danger of commission of acts of terrorism with use of explosive devices and explosives still remains. Despite of all advantages of inspection of the scene as initial investigative action, often it is conducted with violation of requirements of the criminal procedure legislation or with non-compliance with recommendations about tactics of its production.

The article presents an analysis of modern mechanisms for countering Internet crime in the Russian Federation. The author concludes that at present Internet crime should be understood in two aspects, where the Internet can simultaneously act as a crime scene and its committing. Based on the analysis of international legal acts and Russian legislation, a conclusion was made about the problems of countering Internet crime in the Russian Federation, and the main ways of solving them were formulated. As the most promising mechanisms to counter Internet crime stand out preventive measures.

The article highlights the issues of countering terrorist acts. In particular, the technical means of countering the use of explosive devices by terrorists are identified, reviewed and described in detail. Features of functioning of the technical means of detection and localization of explosive devices designated in article are more carefully reflected, and also the algorithm of action of citizens, in cases of direct threat of his life, or life of people around, in extreme situations connected with criminal explosions is gradually opened.

Personal investigation means operative officer’s tacit direct conduction of operational search activities and other necessary and sufficient behavioral acts according to relevant operational search situation for solution of operational search activity specific tasks (identifying, suppression and solution of crimes, search for the studied persons, etc.). In many cases operational search activities conduction with the use of personal investigation brings good results in general nature crimes solution.

The article aims to determine the current state of extremist crimes in Russia and to identify the problems that arise in proving this category of cases. As a result of the analysis, the author concludes that the difficulties in proving are associated with the lack of a single concept and types of extremist crimes and the establishment of direct and indirect evidence characterizing the subject of the crime as a person with inherent individual psychological characteristics. The article is a structured information material useful for law enforcement officers specializing in the investigation of this category of cases.

The purpose of this article is to assess the problem of increasing the number of economic crimes in the Russian Federation through the use of information technologies in the context of globalization. The topic of research is relevant, since it is the economy and informatization that is subject to globalization processes. The article provides information on the state of the sphere of economic crimes with the use of information technology. The main types of economic crimes with the use of information tools and their growth trend are considered. The statistical data are presented in graphical form, which made it possible to analyze the dynamics of the disclosure of economic crimes using IT technologies. In general, the Russian Federation is taking a set of measures to reduce the growth rate of the number of economic crimes with the use of information technologies: improving the regulatory framework, developing new technologies to ensure the information security of economic information. The social significance of the study lies in the assessment of this problem and the designation of the main tasks that need to be addressed to ensure sustainable socio-economic development of the state.

In each legal procedure, the parties have a certain amount of rights and obligations prescribed in the relevant regulatory acts. Among other things, the inalienable right of each party in any process is the right to familiarize with the case materials. Under the familiarization refers directly to the study of documents and other evidence in the case, copying documents through the preparation of extracts and photographing case materials. In exercising their right to familiarize themselves with a case, the participants in the process often face difficulties that are associated with the procedure, peculiarities of drafting and filing an application for familiarization with the materials of the administrative case.

The article analyzes the prevention of child road traffic injuries in the Kabardino-Balkarian Republic, as well as the activities of the State Inspectorate of Traffic Safety of the Ministry of Internal Affairs for the Kabardino-Balkarian Republic to prevent and suppress road accidents.

Extremism has become a noticeable phenomenon in the life of our state and the whole world. Today, extremist activity is no longer sporadic, but organized, focused and planned. It creates a real threat to the life of the state, its constitutional foundations, public safety and order. Therefore, special attention to the problem of terrorism is paid in the National Security Strategy of the Russian Federation until 2020 [1]. Young people, due to incompleteness of the processes of personal, social and spiritual socialization, worldview instability, insufficient social and psychological maturity, social maximalism and social protest, are most easily engaged in extremist activities. And it is especially sad, since the youth as the most active part of the country’s population could direct this activity towards solving national importance problems. The reason for this, however banal it may sound, are the same social and economic problems that give rise to the ideas of group inequality in the minds of people and entail deformation of social and spiritual life of society. In order to understand the origin of extremist behaviour and to identify ways to combat it, it is necessary to understand its subjective side, namely the motives that underlie extremist activity and aggressive behaviour.

In the modern world, communication is the most important component of professional activity. Of course, the development and maintenance of communication between subjects (citizens, authorities, officials) is one of the ways to overcome the lack of mutual trust in society. An employee of internal affairs bodies must have knowledge of the features of the psychology of communication, interpersonal interaction skills, since their professional activities are directly related to interpersonal communication, and the effectiveness of their work depends largely on the effectiveness of the communication process. It should be noted that law enforcement refers to the system of professional relations «person - person», in which the ability to communicate plays a key role. At the same time, as noted by experts, a stable negative image of law enforcement agencies is reproduced in the mass consciousness, regardless of the social and demographic characteristics of the respondents, their experience in dealing with the organs of justice and law and order [1].

The article developed a model of forming the ability of police officers to establish trust with various categories of citizens, which includes the following units: target unit, social order of society, methodological and didactic module, diagnostic and technological module, structural-criterial module. It is concluded that the model is a kind of exemplary instance of any object, phenomenon, or process, presented in the form of a diagram, drawing as an example of the final design.

The article touches upon the issue of legal qualification of human tissues as objects of property rights based on the approach of South African legal order. It was chosen because SA had and still has significant achievements in the field of science and technology, and now legal framework of relations arising from legalization of removal and withdrawal of human tissues is being systematically establish. The study is based on such methods of scientific knowledge as general scientific dialectics, history and comparative legal analysis. The very formulation of the question of the legality of the recognition of ownership on human tissues that can be exercised by any persons (entities) is not new. Novelty of the research consists in the thinking on this issue on the materials of SA legal order and examples of other jurisdictions. It is concluded that SA approach is similar to that of Russian doctrine and legislation.

The subject of the study conducted under this article is the mechanisms of protection of the rights of entrepreneurs, including those used in foreign exchange transactions. Various approaches to the definition of forms and methods of protection of business entities are analyzed, issues of protection of the rights of entrepreneurs during the state control, in particular, currency control are considered. According to the results of the study, the authors concluded that it is necessary to extend the norms of the Federal law of 26.12.2008 № 294-FZ "On protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control" to the sphere of currency control. It is also proposed to provide an opportunity for entrepreneurs to choose any means of protecting their civil rights that do not contradict the law.

The article contains an analysis of the use in the legislation of one of the basic categories of housing law - the concept of «multy-apartment house», as well as related terms: «residential house», «living space», «apartment», «blocked development». The author's concept of the concept of «collective residential» house, which combines multy-apartment buildings and houses consisting of several residential premises that are not apartments, is proposed. Recommendations on elimination of gaps and contradictions of the current housing legislation are formulated.

The authors provide statistical data on the results of the work of the Federal Bailiff Service of Russia. The analysis of the current legislation regarding the seizure of property of the debtor. Revealed the problematic issues that arise in the framework of the procedure for imposing arrest on the property of the debtor in the enforcement proceedings, recommendations are made to the claimant for the best protection of his rights in the framework of the enforcement proceedings. Attention is paid to the problems of suspension of the enforcement proceedings, recommendations are given to improve the legislation, in particular, it is proposed not to attach property seizure if the amount of recovery is less than 6,000 rubles.

The article is devoted to study regulatory issues and legal perspectives of regulation created on the blockchain smart contract platform in the Russian Federation and the United States of America, in which the legislations in this field are actively developing. To this end, the author of this article has analyzed the most informative publication prepared by Alex Lipton and Stuart Levy posted on website of Harvard Law School Forum on corporate Governance and Financial Regulation, as well as provided the legal views of Russian legal scholars examining similar issues. As a result of the comparative analysis it was found that Russian and American researchers are concerned, in fact, with the same issues relating to the entry (conclusion, execution), performance and future development of smart contracts. The Russian scientists’ legal views and American colleagues’ experience, given in the present article, may be taken into account when working on regulations (regulatory issues) related to blockchain and smart contract.

Realization of economic activity public enterprises on the basis of property that is not their property caused the necessity of the use of responsibility, with the purpose of defence of interests of possible creditors of such enterprises. The article is sanctified to complex research of problems of responsibility on the obligations of public enterprise. In the article the problems of legal nature of responsibility are considered on the obligations of public enterprises, her material basis, and also grounds for her application. The problem of determination of subject that bears the responsibility on behalf of the state marks an author.

The article notes that at present, China is the undoubted global center for global innovation and the introduction of fintech. Currently, there are two Internet banks in China: Webank, created by Tencent, the largest Chinese SNS company, and Mybank, created by Alibaba, the largest e-commerce company in China. These two banks own an aggregate share of 92% of electronic transactions in the Chinese market, which includes 1.4 billion people. The rapid spread of mobile payments in China was promoted by: 1) the lack of a history of using credit cards and 2) the very centralized nature of the e-commerce market in China. In 2019, according to economists, the volume of online banking transactions should be a record amount of 4,622 quadrillion yuan. However, the explosive growth of Chinese FINTECH technology occurred in a regulatory void.

In this paper, authors analyze normative regulation of the electric power industry of the Russian Federation. The authors analyze existing problems in the state regulation of the electric power industry, in particular, special attention is paid to anti-monopoly regulation in the wholesale and retail electric power industry market. The study examines the general norms of the functioning of retail electricity markets and the existing «bottlenecks» for bringing the electric power industry subjects to responsibility by employees of the Federal Antimonopoly Service.

The urgency of considering the causes and conditions of bribery in modern Russia can be justified by the fact that, arguing about the reason, we ultimately reason about functional relationships, while establishing and justifying such relationships is practically impossible, and since this is a correlation, only admissible relationships, then the distinction between causes and conditions is possible only through the reconciliation of different opinions. The article substantiates the social danger of bribery of medical workers. The main features of corruption and prerequisites for the development of forms of bribery among employees of medical institutions are presented.

The article notes that in recent years, the use of arbitration has expanded in South Korea, and international arbitration has become the preferred dispute resolution mechanism for Korean companies seeking to enter international export markets. The law on arbitration of South Korea was revised in 2016, the same year the Arbitration Industry Promotion Act was adopted, which entered into force on August 28, 2017. The main purpose of the law is to intensify arbitration as a means of resolving internal and international disputes by identifying issues necessary to promote the development of the arbitration industry and promote the development of the national economy, laying the foundations for promoting the arbitration industry in Korea in order to turn it into an international arbitration center. It was concluded that the adoption of new regulations in the field of international arbitration that meet all modern international standards, as well as the decision to allow foreign lawyers to open offices in South Korea could be a turning point in the development of the arbitration market in South Korea.

This article attempts to formulate the legal aspects of the implementation of information technologies in the practice of modern public administration. Using the methods of formal legal and systems analysis of legislation, the authors of the article come to the conclusion that there is a need to supplement the information legislation of Russia with new concepts reflecting digital tendencies of law, as well as implement new approaches to regulating information relations. The article offers suggestions on the legal regulation of the problems of information typology (including restricted access), digital identification of a person, improvement of electronic document circulation. There are proposals for legislative regulation of digital money issues (cryptocurrency) based on blockchain technology, and it is proposed to adopt the Law «On Digital Financial Assets», which would contribute to the development needs of market relations in Russia.

The article is devoted to the procedural features of bankruptcy of an enterprise when an interested person submits an application to a court and a court activity in a bankruptcy case. The study of the procedural aspects of bankruptcy of an enterprise, starting from the emergence of the grounds for initiating the process, and ending with the final court decision, is relevant in today's unstable market economy. Regulatory bankruptcy is rather complicated from the point of view of research, as it includes elements of both substantive and procedural law, can take place in several stages, and also affects the conflicting interests of participants with different status. As a rule, a large circle of persons is involved in the bankruptcy of enterprises: owners, managers of the company, creditors, employees of executive bodies, etc. Accordingly, listed persons have many questions about bankruptcy procedures, including those related to the procedural sphere. In the article, the author examines some issues of initiating bankruptcy proceedings, taking into account existing practical problems in this area, and suggests ways of solving these problems developed by him.

Modern society is characterized by dynamic development and complexity of the processes in all areas of human activity. Under these conditions information acquires a new quality and becomes an important resource determining main directions of society and economy development. The phenomenon of information is explained by the fact that it forms most of the processes taking place in many areas, and it determines the shape of the future. Information is needed not by itself, but for its use. To do this, it must be saved, processed and transmitted through certain channels. These functions, and not only these, are designed to be performed by information technology (IT). The article monitors the state and use of information technologies in the regions of the North Caucasian Federal District, examines the relationship of information technologies with knowledge management system, identifies possible approaches to digital economy construction.

Task. The paper addresses the practical problems of improving the management system of a medical institution using the example of the Astrakhan Clinical Hospital (ACH). Model. In the article modern approaches to the analysis of the external environment and comparison of own strengths and weaknesses with competitors are applied to the medical organization. Conclusions. Comparison of the strategic directions of the institution showed the need to focus on working with paid medical services. An analysis of the factors of the external business environment made it possible to identify both key risk factors and opportunities provided by the market. According to the results of the competitive analysis, both factors that ACH loses to the main competitors and those that can serve as a basis for building strategic resources and abilities are identified. Practical importance. One of the key tasks of a modern organization in the field of healthcare, especially multi-disciplinary, is the implementation of a strategic management process based on an assessment of the needs of target customer segments and competitive analysis. Originality. The study conducted by the authors showed that the use of modern analytical management tools for a diversified medical organization allows to develop a comprehensive and justified action plan for competition both for funding from the budget and the compulsory health insurance Fund, and in the market of paid medical services.

Housing and communal services are considered to be one of the basic sectors of the Russian economy, providing the population with the most vital services, while for industry it is the service of the necessary engineering infrastructure. Currently, problems in the field of life support of the country are largely due to the crisis state of housing and communal services.

Task. The article deals with the historical and structural aspects of the development of information systems of financial organizations in the conditions of formation of the information society of its Russian segment. The author assesses the peculiarities of the formation of the information systems industry in Russia in the context of the transition to universal digitalization, and also identifies the main directions of development of information systems of financial organizations in the context of new global challenges. The problem is that the market of modern financial services and, in particular, in the banking sector is relatively young, but has already reached a phase of active growth. Research of demand in the Russian market of information systems for banks in Russia showed that the obstacles in the decision of heads of financial institutions to introduce modern information systems is their conservative approach to their historically developed technologies. Model. The article investigates modern approaches to combine the capabilities of modern information systems and applied business technologies of financial institutions in General and banks in particular. Summary. It is concluded that information systems are no longer a secondary service area in the activities of the Bank, insurers, and other financial institutions as it was in the post-industrial society. They are in modern conditions directly determine the possibility of business development, improvement of business processes and customer service. Practical importance. The practical significance of the article is that the conclusions and proposals are aimed at real optimization of modern financial business. Originality. The study conducted by the authors revealed that the new reality has changed the attitude of stakeholders that require a clear justification of the business effect in the implementation of new information systems and modernization of old ones, avoiding complex automation of business processes in the implementation of ERP-systems to specialized solutions. Despite this, the demand for the development of it strategies and feasibility studies in the financial sector in General and banking in particular is steadily growing. Projects to modernize the it infrastructure through the introduction of mobile solutions, the transfer of part of it technologies to the cloud are coming to the fore.

The review presents an analysis of the textbook «Fundamentals of administrative law of Russia», which can be described as a comprehensive legal study, which contains deep theoretical and practical conclusions and is based on the reformed legislation, judicial practice, research of modern civilists. 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 the classics of administrative law, as well as deeply worked out studies of recent years on the subject of the manual.