scholarly journals Crime prevention in the field of computer technologies at the present stage in the Russian Federation: problems and ways to solve them

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 445-460
Author(s):  
Dina Viktorovna Alontseva ◽  
Olga Anatolyevna Lavrishcheva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Computer Crime ◽  
Present Stage ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Legal Method ◽  
Domestic Legislation ◽  
The Russian Federation

In the article, based on the analysis of existing approaches to the state and structure of computer crime in the Russian Federation, the authors formulated the concept of "computer crime", identified the key features of this type of crime; and also, based on the analysis of the causes and conditions of committing crimes in the field of high technologies, developed a set of special legal, ideological, managerial, organizational and forensic measures that are aimed at preventing and preventing computer crimes. Alontseva Dina Viktorovna; Lavrishcheva Olga Anatolyevna In the course of this research, the norms of international acts, domestic legislation, reports and statistics of law enforcement agencies of the Russian Federation and specialized organizations, materials of judicial practice were studied, as well as doctrinal sources on the topic of the work were analyzed. The authors used general methods of scientific cognition (dialectical, inductive, deductive), as well as private scientific methods used in the legal sciences-the method of comparative law and the formal legal method.

scholarly journals Anti-corruption measures in the Russian Federation at the present stage of development

2019 ◽  
Vol 2019 (4) ◽  
pp. 99-106
Author(s):  
Yuri Grachev ◽  
Alexander Nikishkin ◽  
Elena Vetrova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Conflicts Of Interest ◽  
Practical Interest ◽  
Civil Servants ◽  
Scientific Article ◽  
Present Stage ◽  
Law Enforcement Agencies ◽  
Stage Of Development ◽  
The Russian Federation

This scientific article is prepared on the basis of normative legal acts, materials of investigative and judicial practice, it deals with the most pressing issues of combating corruption in modern Russia. A special place is given to the presentation of the existing problems of prevention, suppression and disclosure of crimes of corruption at the present stage of development of the Russian Federation. Scientific and practical interest is represented by the stated measures directed on effective counteraction to corruption manifestations, and also offers on their improvement taking into account the developed practice and positive experience of foreign countries. The article discusses and reveals the topical issues of promotion of anti-corruption behavior and anticorruption legal awareness in law schools and with the personnel of law enforcement agencies, in particular, improving the criteria for the selection of candidates for positions of employees. The expediency and applicability of the above measures not only to current and future law enforcement officers, but also to all civil servants and employees of other industries exposed to corruption risks and conflicts of interest are fully justified. The results of the application of anti-corruption measures with their proper use, as well as compliance with the principles of continuity and ubiquity of their implementation. It is indicated that the use of the above means, measures and principles of anti-corruption behavior of civil servants leads to a significant reduction in the number of corruption crimes in the internal Affairs bodies and complicates the further appearance of this type of criminal attacks of corruption orientation.

scholarly journals Deprivation of the right to hold certain positions or engage in certain activities: regulatory issues and law enforcement practice

2021 ◽  
Vol 234 (11) ◽  
pp. 16-24
Author(s):  
SERGEY A. PICHUGIN ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Domestic Legislation ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to various aspects of the regulation and execution of punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The subject of the article is the norms of the current domestic legislation, data from official statistics of the Judicial Department at the Supreme Court of the Russian Federation and the Federal Penitentiary Service of Russia, as well as law enforcement practice on the topic under consideration. The purpose of the article is to analyze the normative regulation and practice of applying punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The methodological basis of the research is represented by a set of general and specific scientific methods. The work used methods such as analysis, synthesis, formal legal, statistical. As a result of the study, proposals were formulated to amend the current legislation in terms of improving preventive work with persons sentenced to punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. Conclusions are made about the essence, features of legal regulation and law enforcement practice of the considered type of punishment in modern conditions, about the need to increase the effectiveness of preventive activities in relation to persons sentenced to punishment in the form of deprivation of the right to engage in activities related to driving a vehicle. Key words: deprivation of the right to hold certain positions or engage in certain activities, punishment, penal inspectorates, the Criminal Code of the Russian Federation, convict, deprivation of the right to engage in activities related to driving.

scholarly journals Problems of realization of the civil status of an individual entrepreneur in the Russian Federation

2021 ◽  
Vol 7 (3C) ◽  
pp. 443-462
Author(s):  
Dina Viktorovna Alontseva ◽  
Olga Anatolyevna Lavrishcheva ◽  
Natalya Yuryevna Timofeeva ◽  
Tatyana Aleksandrovna Shabalina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Teaching Activities ◽  
Legal Personality ◽  
Judicial Practice ◽  
Domestic Legislation ◽  
Civil Status ◽  
The Russian Federation ◽  
Large Groups

In this article, the authors examined in more detail the elements and identified the specifics of the civil legal personality of an individual entrepreneur; analyzed their statutory rights and obligations, which were systematized into two large groups: civil-economic and civil-legal, and also formulated proposals and justified the necessary changes in the current domestic legislation in the field of implementing the civil-legal status of an individual entrepreneur. The identified problems and the proposed system of scientific views significantly expand the previously obtained theoretical teachings on the legal status of an entrepreneur, taking into account modern politics and trends in the development of the Russian Federation. The results of this research can be applied in the law-making and law enforcement sphere, as well as be of interest for scientific and teaching activities. In the course of this research, the norms of Russian legislation, materials of judicial practice were studied, as well as doctrinal sources on the topic of the work were analyzed.

scholarly journals On the harmonization of anti-terrorist legislation norms

2021 ◽  
Vol 2 (12) ◽  
pp. 86-90
Author(s):  
A. V. SAVINSKY ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Terrorist Activity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

Measures are being taken in Russia to improve anti-terrorist legislation, with special attention paid to increasing the counter-terrorism potential of the Criminal Code of the Russian Federation. However, the current anti-terrorism regulations are not without drawbacks. Thus, terrorist activity is interpreted differently in Art. 3 of the Federal Law "On Countering Terrorism" and Art. 205.2 of the Criminal Code of the Russian Federation, which leads to contradictory investigative and judicial practice. The solution is seen in the unification of the definition of terrorist activity and the definition in the wording of the Criminal Code of the Russian Federation looks preferable. It is noted that the legal support for the operational penetration of law enforcement agencies into terrorist structures does not meet the requirements, since the norm of Part 4 of Art. 18 of the federal law "On operational-search activity" (contains an operational-search basis for active repentance) remains inoperative due to the lack of its incorporation into the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article formulates additions to these codified federal laws, which will legitimize the operational-search basis for active repentance.

scholarly journals Interaction of business with the divisions of the Agency for economic safety and corruption counteraction of the Russian Ministry of Internal Affairs (opinion of the small businesses of Nizhniy Novgorod region).

2021 ◽  
Vol 15 (4) ◽  
pp. 765-787
Author(s):  
A. A. Glukhova ◽  
D. A. Shpilev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Economic Security ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Study Results ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Nizhny Novgorod Region

Objective: based on a sociological research, to analyze, study and disclose the types, forms and quality of interaction between representatives of small and medium-sized businesses of the Nizhny Novgorod region with the economic security and anti- corruption units of the Ministry of Internal Affairs of Russia.Methods: general scientific (analysis, systemic-structural approach to the analysis of the research object, comparative legal method), as well as logical and specific scientific methods (survey – questioning of the business community of the Nizhny Novgorod region).Results: the methods and features of interaction between representatives of small and medium-sized businesses and departments of economic security and anti-corruption of the Ministry of Internal Affairs of Russia of the Nizhny Novgorod region in the course of entrepreneurial activity are identified and classified; the problems in the interaction of representatives of small and medium-sized businesses and departments of economic security and anti-corruption of the Ministry of Internal Affairs of Russia in the Nizhny Novgorod region are analyzed.Scientific novelty: based on the opinions of representatives of small and medium-sized businesses of the Nizhny Novgorod region, the article identifies and systematizes the main characteristics, including problematic ones, of the level and quality of interaction between representatives of small and medium-sized businesses with economic security and anti-corruption units of the Ministry of Internal Affairs of Russia. Based on the empirical research data obtained, the types and forms of interaction, ways of their implementation, and a mechanism for assessing the quality of interaction between representatives of small and medium-sized businesses of the Nizhny Novgorod region with economic security and anti-corruption units of the Ministry of Internal Affairs of Russia in the future are proposed. Among them, the obligation to voluntarily report cases of corruption and economic offenses; to support their employees who informed about the preparation or commission of an economic or corruption offense; to provide legal information to employees on the prevention of corruption and economic offenses; to assist authorized representatives of the units of the Ministry of Internal Affairs of the Russian Federation in conducting inspections of the organization’s activities; to support the identification and investigation of corruption, economic crimes and by the units of the Ministry of Internal Affairs of the Russian Federation and to involve specialists in the relevant field of law when preparing responses to requests from law enforcement agencies.Practical significance: the study results can be used to improve the quality of interaction between representatives of small and medium-sized businesses with the divisions of the Ministry of Internal Affairs of Russia, in particular, by entrepreneurs assuming public obligations to report cases of corruption and economic offenses to law enforcement agencies, which the organization (employees of the organization) became aware of, as well as the implementation of measures to support the employees who reported to law enforcement agencies about information that became known to them during the performance of their work duties about the preparation or commission of an economic or corruption offense.

Features of Judicial Practice in the Russia as the Basis of Precedent

2020 ◽  
pp. 98-106
Author(s):  
V. V. Levin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Armed Forces ◽  
Case Law ◽  
Constitutional Court ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Law Making

The article is devoted to the analysis of judicial practice as the basis of law-making activity in the Russian Federation, on the basis of which it is possible to create a precedent. Case law in Russia is Advisory in nature and is not mandatory for law enforcement practice. Courts use the signs of case law in their decisions in the reasoned part. Signs of case law is a ruling of the constitutional court of the Russian Federation and regulations of the armed forces of the Russian Federation.

Restoring the financial health of debtors: Changing approaches in the legislation

2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Financial Health ◽  
Regulatory Enforcement ◽  
The Past ◽  
Legal Method ◽  
The Russian Federation ◽  
Business Entities ◽  
Financial Recovery

Subject. The article considers the development of the institution of bankruptcy in the context of the emerging legal environment in this area. Objectives. The focus is to study the development of relations in the bankruptcy sphere in the Russian Federation that relate to inefficient procedures aimed at the financial recovery of business entities, and to formulate the main directions for further changes in the legal regulation of this area. Methods. The study employs research methods, like logical and structural analysis, systems and functional approach, the formal legal method. Results. The paper reveals the essence, specific features and legal regulation of bankruptcy, assesses the regulatory enforcement based on the existing law on insolvency, formulates the key problems of the law enforcement practice of business entities that has been formed over the past 20 years, defines further directions of changes in the legal regulation of bankruptcy relations in the Russian Federation. Conclusions. Changing the approaches to the current bankruptcy system in favor of expanding the application of rehabilitation procedures for restoring the solvency of debtors will enable to support businesses that are in difficult financial situation. This will result in preservation of employment, increased tax revenues to budgets at various levels, improved competitiveness of Russian businesses. The findings may be useful in terms of theory, for the study of issues relating to the concept, essence and legal regulation of the institution of bankruptcy in the Russian Federation, and in practice, for developing proposals to improve regulations in this sphere.

scholarly journals Extension of a fixed-term employment contract: some theoretical and practical issues

2019 ◽  
pp. 65-72
Author(s):  
Sergey Kichigin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Practical Work ◽  
Applied Problem ◽  
Employment Contract ◽  
Labor Contract ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Term Labor

The problem of introducing changes to a fixed-term employment contract in terms of amending (extending) its term is an urgent applied problem in the work of personnel services, which often arises in the course of their practical work. Argued, based on established judicial practice, the solution to this problem will create clarity in the application of the norms of the Labor Code of the Russian Federation. The norms of the Labor Code of the Russian Federation do not contain a ban on the application of the provisions of art. 72 of the Labor Code of the Russian Federation. However, to date there is no single, reasoned opinion on whether it is possible to change the term of a fixed-term employment contract, and if possible, under what conditions? On this issue, there are polar opinions. Both the courts and state authorities have repeatedly changed their position on this issue, right up to the diametrically opposite. In this paper, the author attempts to answer this question on the basis of the existing judicial practice and the courts understand the relevant provisions of the Labor Code of the Russian Federation, the opinions of the federal authorities of the Russian Federation, as well as their own attempts to interpret the provisions of the law, and concludes that the term of a fixed-term labor contract in the presence of compliance with the necessary conditions dictated by the norms of the Labor Code of the Russian Federation, established law enforcement practice.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

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