scholarly journals Anti-Corruption Criminological Security as a New Direction of Research

2021 ◽  
Vol 15 (6) ◽  
pp. 734-743
Author(s):  
Irina Damm
Keyword(s):  
Public Relations ◽  
Structural Characteristics ◽  
The State ◽  
Complex Nature ◽  
Global Problems ◽  
Interdisciplinary Knowledge ◽  
Scientific Potential ◽  
Fundamental Research ◽  
The Russian Federation ◽  
Primary Cognition

The sustainability of existence and the high destructive potential of corruption determined its place among the global problems that the humanity faces. One of the unique characteristics of corruption is its ability to adapt to the changing factors of the external environment, including the preventive measures. At the same time, continuous reproduction and development of various forms of corruption predetermines the necessity for improving ways of preventing it. Delays or insufficient effectiveness of counteracting publicly dangerous forms of corruption may jeopardize the system-forming elements of the society and the state, may result in their destruction. The complex nature of the phenomenon of corruption requires a search for new fundamental approaches in counteracting it. From the standpoint of history, the Russian Federation developed the legal and organizational basis of counteracting corruption in the shortest time possible. At the same time, the analysis of how this system functions makes it possible to conclude that it is at the limit of its possible extension. The existing situation is partially explained by the fact that, in view of the urgency of problems to be solved, the practice of building the state model of corruption counteraction was always ahead of scientific findings, which led to inevitable intrasystem contradictions. To reach a whole new level in the development of anti-corruption work, it is necessary to find fundamentally new approaches which would make it possible to unite a substantial body of available interdisciplinary knowledge within one guiding idea and present an optimal theoretical model. Modern Russian research is actively studying specific features of corruption and corruption crimes as well as ways of preventing them. At the same time, there have not yet been any fundamental research of the criminological aspects of anti-corruption activities from the standpoint of ensuring national security. One of the prospective directions of such research is the development of the theoretical basis of anti-corruption security as an inter-branch direction of research. Taking into account that crimes of corruption inflict the greatest damage on public relations, it should be noted that the research of anti-corruption criminological security has a considerable scientific potential. Primary cognition of poly-aspect manifestations of anti-corruption criminological security as well as its systemic-structural characteristics will allow to estimate the prospects of the presented direction of research.

Budgetary Regulation in the Context of Preventing the Consequences of the Spread of a New Coronavirus Infection in the Russian Federation

Lex Russica ◽  
2021 ◽  
Vol 74 (2) ◽  
pp. 64-79
Author(s):  
R. V. Tkachenko
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
The State ◽  
Russian Society ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Legal Forms ◽  
The Impact ◽  
Budget System

The paper is devoted to the examination of issues related to the increasing importance of budgetary regulation for the proper functioning of a modern innovative society. The key role of the budgetary regulation in the financial process of the State is particularly acute in the context of systemic crises that include socio-economic consequences caused by the spread of a new coronavirus infection (COVID-19) in Russia. In the course of the study, the features of changes in the state financial policy caused by the above-mentioned crisis phenomena are highlighted. The paper describes various approaches to the interpretation of the budgetary regulation as a category of financial law, explores various types and legal forms of methods of the budgetary regulation, analyses mechanisms and the impact of the State on the budget system through the existing legal structure of the budgetary regulation. It is determined that the rules of financial law governing the whole complex of public relations concerning the distribution and redistribution of the national product between the levels of the budget system of the Russian Federation constitute the institution of financial law, namely: the budgetary regulation. The author concludes that the approach based on the concentration of basic powers in the financial field at the federal level significantly slows down the dynamics of development of economic activity in the majority of regions of Russia, while the need for breakthrough innovative development of Russian society determinates the expansion of long-term tax sources of income for regional budgets. In this regard, it is proposed to consolidate additional regulation for revenues gained by regional and local budgets in the form of targeted deductions from federal taxes on a long-term basis.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals Prerequisites for the Formation of the Anti-Corruption Security Theory in the Russian Federation

2021 ◽  
Vol 14 (11) ◽  
pp. 1690-1709
Author(s):  
Irina A. Damm ◽  
Keyword(s):  
Public Relations ◽  
National Security ◽  
Russian Federation ◽  
Integral Condition ◽  
The State ◽  
Security Strategy ◽  
National Security Strategy ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Individual

Security is one of the basic needs of the individual, society and the state, as well as an integral condition for their development. Corruption is among the threats to the national security of the Russian Federation, as it follows from the National Security Strategy approved by Presidential Decree No. 683 of 31.12.2015. The significant efforts made by the state since the mid‑2000s to form and improve social, legal and organizational mechanisms for combating corruption consistently lead to positive results. At the same time, we have to state that corruption continues to cause irreparable harm to public relations, creates an atmosphere of social tension in society. It is no coincidence that the new National Security Strategy, approved by Presidential Decree No. 400 of 02.07.2021, emphasizes the need of society to strengthen the fight against corruption. The high rates of development of anti-corruption legislation, as well as the institutionalization of anti-corruption structures, have led to the formation of natural intra-system contradictions that hinder the further sustainable development of anti-corruption activities. The emerging trends of stagnation of the anti-corruption system actualize the search for qualitatively new fundamental scientific developments that allow us to reach a new level of intersectoral scientific understanding and development of anti-corruption mechanisms. The current stage of the development of scientific knowledge about the phenomena of corruption and security, as well as the relevant anti-corruption and security systems, allows us to identify sufficient prerequisites for the beginning of the development of the theory of anti-corruption security, which contains methodological approaches to ensuring personal, state and global anti-corruption security

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

scholarly journals A Rational Model of the Constitutional Regulation

Lex Russica ◽  
2019 ◽  
pp. 70-82
Author(s):  
A. A. Liverovskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Social Relations ◽  
The State ◽  
The Body ◽  
Constitutional Court ◽  
Natural Origin ◽  
Legal Principles ◽  
The Russian Federation ◽  
The Law

25 years of influence of the Constitution of the Russian Federation on public relations in our State has radically changed the idea of the Constitution and Constitutional Law. Admission of the Constitution of the Russian Federation by the society marked the formal recognition of social values spelled out in the Constitution and the nature of the legal principles implementing these values that are generally recognized by international law. The system of constitutional principles of natural origin became the basis for the constitutional regulation of social relations. The natural origin of legal principles means that they emerged in legal reality as a result of rational activity of a man, not only in terms of legitimizing the natural rights inherent in the man from birth, but also within the framework of their corrective impact on state regimes in light of promotion of civil rights and human freedoms. The natural origin of the constitutional principles gives an objective character to the constitutional regulation, and their predetermination and supremacy in relation to the influence of the legislative activity of the State power allows to create a constructive dichotomy of the constitutional and legislative regimes. In the theoretical and legal sense, constitutional principles as regulators of social relations constitute the “law of the Constitution”. Its fundamental part consists of the basic constitutional principles that determine the foundations of the constitutional system. The paper defines the mechanism of influence of constitutional principles on public relations that is different from the normative regulation: constitutional principles, in contrast to the norms acting in full compliance with their content, act in accordance with a a certain detectable extent of its content. Legal development of constitutional regulation arises from the interpretation of constitutional principles by the Constitutional Court of the Russian Federation. Resolving cases with regard to the constitutionality of normative legal acts, the body of constitutional justice creates legal stances — new constitutional regulators of social relations that not only correct the constitutional development of the State, but also are the law-making characteristics of the decisions. Using the construction of constitutional regulation, the author proposes an actual understanding of the problem of constitutional identity.

scholarly journals Peculiarities of Implementation of Statutory Acts in the Constitutional Law of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 3-7
Author(s):  
Ilya S. Iksanov ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Constitutional Law ◽  
The State ◽  
State And Society ◽  
The Russian Federation ◽  
The Right ◽  
Goals And Objectives

The procedural norms of constitutional law ensure the implementation of the right. This article examines the forms of implementation of the right, as well as their impact on the formation of a unified system of public relations in the course of setting goals and objectives of the state and society.

Certain problems of crimes qualification related to abuse and excess of authority

2020 ◽  
pp. 206-215
Author(s):  
Svetlana Vorobyeva ◽  
Ilya Volkov
Keyword(s):  
Local Government ◽  
Public Relations ◽  
Russian Federation ◽  
Public Service ◽  
Criminal Code ◽  
The State ◽  
Distinctive Features ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Criminal Legislation

The work indicates that the Russian Federation is improving the norms of criminal legislation aimed at countering acts that infringe on public relations, ensuring the interests of the state, public service and service in local government bodies. However, the analyzed offences – abuse of authority (article 285 of the Criminal Code of the Russian Federation) and excess of authority (article 286 of the Criminal Code of the Russian Federation) contain such effects as a significant violation of rights and legitimate interests of citizens, organizations or legally protected interests of society or the state, which emphasizes their public danger. While analyzing these compositions of acts, we indicate both general and distinctive features. It is emphasized that the problem of their differentiation is expressed, first, in the fact that their technical and legal design is based on evaluation features, and second, on the basis of the existing distinctive features, the same act in different cases is qualified differently – under article 285 of the Criminal Code of the Russian Federation or under article 286 of the Criminal Code of the Russian Federation. We divine that in matters of the types of crimes qualification under consideration, it is of paramount importance to establish the limits of authority, the motive for committing the crime, as well as the connection with official activities.

scholarly journals LEGAL ANALYSIS OF THE GENERAL CRIME IN THE RUSSIAN FEDERATION: STATUS AND TRENDS OF DEVELOPMENT

2019 ◽  
Vol 23 (1) ◽  
pp. 102-122
Author(s):  
Vadim A Avdeev ◽  
Ekaterina V Avdeeva
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Legal Analysis ◽  
State Structure ◽  
Legal Policy ◽  
Structure And Dynamics ◽  
The Russian Federation

The current conditions of the ongoing intra-state socio-economic and political-legal transformations inevitably affect the state, structure and dynamics of ordinary criminal mercenary criminality. The conducted legal analysis confirms the urgency of the development and implementation of new, more sophisticated measures to counter theft, fraud, robbery, robbery and extortion, taking into account the development trends of these crimes against property. The renewed renovation of the Russian state system is accompanied by the adoption of the Concept of Long-Term Social and Economic Development of the Russian Federation, the National Security Strategy of the Russian Federation, which predetermine new directions of the criminal legal policy in minimizing the criminalization of public relations to ensure the security of various forms of ownership. The globalization of law, the changing polycentric world predetermine the expediency of following the universally recognized principles and norms of international law, including those aimed at effectively countering ordinary criminal mercenary criminality. Throughout the evolution of social development, the priority task of each state was the inviolability of property interests. Analysis of the state, structure and dynamics of crimes against property, regulated by Art. 158-1596, 161-163 of the Criminal Code of the Russian Federation, allows us to note the dominant position of ordinary criminal mercenary criminality. In this connection, conclusions are drawn on the trends in the development of the criminal situation, and the estimation of the illegality and collision of modern criminal legislation with regard to the construction of criminal law norms is given. The main directions of the criminal and legal policy in the sphere of novelization of the criminal law on counteracting common criminal mercenary criminality are to be understood. The topical issues of legislative and organizational-practical nature in the field of countering common criminal mercenary criminality are considered.

scholarly journals APPLICATION OF THE CRIMINAL LAW IN CONTRACTING SYSTEM AND STATE DEFENSE ORDER VIOLATIONS

2018 ◽  
Vol 2 (2) ◽  
pp. 56-63
Author(s):  
Victor Nikolaevich Borkov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Public Procurement ◽  
Criminal Code ◽  
The State ◽  
Official Position ◽  
System Method ◽  
The Russian Federation ◽  
State Defense

The subject. The article is devoted to analysis of court practice concerning crimes in public procurement.The purpose of the paper is to solve the problem of delimitation of theft committed by the perpetrator with the use of his official position, from abuse of official powers and official forgery is topical.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method allowed to consider misdemeanors and a set of rules providing for responsibility for their commission, in conjunction with public relations, which need criminal law protection. The functional approach made it possible to address the issues of qualification for official crimes against the contract system and the state de-fense order, taking into account the forms and methods of activity of the subjects of con-tractual relations.Results and scope of application. An important role in improving the effectiveness of public procurement is played by officials who, in dealing with suppliers of goods and executors, are called upon to defend public interests. The public danger of crimes committed by offi-cials in this sphere is manifested in the destruction of the material basis of the functioning of the state, undermining its defensive capacity and reducing the level of security. Judicial practice testifies to the lack of uniform approaches to the qualification of crimes committed in the sphere of execution of the state and municipal contract.The article proposes criteria for delimiting the encroachments of officials on the expendi-ture of budgetary relations, taking into account the addition of the criminal law to norms that provide for responsibility for abuse in the performance of the state defense order (art. 201.1 and 285.4 of the Criminal Code of the Russian Federation). In the qualification of crimes committed in the sphere of contractual relations, and the application of art. 201.1 and 285.4 of the Criminal Code of the Russian Federation are proposed to be guided by the recommendations of the Supreme Court of the Russian Federation on the delimitation of abuse of official powers from embezzlement.Conclusions. It is necessary to proceed from the existence of two lines of activity of the customer. The first is the acceptance of the delivered goods, the work performed, the ser-vices rendered. The second is payment for goods, work and services.

scholarly journals Integration of the Russian Social Space in the Focus of the XIII Congress of Anthropologists and Ethnologists of Russia

2019 ◽  
Vol 17 (3) ◽  
pp. 328-335
Author(s):  
Elena A. Erokhina ◽  
Ekaterina M. Lbova ◽  
Galina S. Solodova
Keyword(s):  
Russian Federation ◽  
Social Space ◽  
National Policy ◽  
Federal Agency ◽  
The State ◽  
Joint Work ◽  
Scientific Potential ◽  
The Russian Federation

The multi-ethnic and multi-confessional nature of the Russian Federation sets the task of forming the Strategy of the state national policy. In addition to state structures – the Presidential Council, the Federal Agency for Nationalities – the scientific potential must be included in this process. The joint work of various experts in the field of ethnopolitics provides conceptual grounds for the competent solution of interethnic issues and the integration of Russia's social space.

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