BIOLOGICAL SAFETY: MODERN CHALLENGES (CRIMINAL LAW ASPECTS)

2021 ◽  
Vol 14 (5) ◽  
pp. 247-252
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Criminal Law ◽  
Security Threats ◽  
Federal Law ◽  
Scientific Methods ◽  
Legal Norms ◽  
Biological Safety ◽  
General Scientific ◽  
Controversial Topic ◽  
Bioactive Agents ◽  
The Individual

This article presents a study on a topical and highly controversial topic of criminal law protection of modern biosafety of the Russian Federation. The paper presents a qualitative study of the relatively new term for the domestic legal order, "biological safety" in the context of its criminal law protection. Purpose of the study: to analyze the modern criminal law opposition to the use of pathogenic, bioactive agents that are different in nature and are used purely for criminal purposes. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpreting legal norms, which make it possible to better comprehend the institutions of criminal law and determine the main directions of their development. Conclusions: based on the systematization of normative and doctrinal sources in the designated area, the author highlights the most relevant manifestations of biological security threats, offers tools for effectively countering socially dangerous acts committed using pathogenic biological agents. In order to more effectively ensure the biosafety of the state, society and the individual, the author proposes the adoption of a special Federal Law designed to eliminate gaps in Russian legislation.

scholarly journals On the procedure for calculating the time periods of non-exploitation of agricultural lands at their withdrawal from users

2019 ◽  
pp. 39-46
Author(s):  
Galina Leonidovna Zemlyakova
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Federal Law ◽  
Agricultural Lands ◽  
Scientific Methods ◽  
Legal Norms ◽  
Unused Land ◽  
Special Scientific ◽  
General Scientific ◽  
The Subject

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.

PHARMACEUTICAL LAW: CRIMINAL ASPECTS

2021 ◽  
Vol 14 (6) ◽  
pp. 203-209
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Criminal Law ◽  
Raw Materials ◽  
Active Phase ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scope Of Application ◽  
General Scientific ◽  
Criminal Legislation

The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals INFORMATION AND TECHNOGENIC FACTOR AND HUMAN: A PSYCHOLINGUISTIC ASPECT

2020 ◽  
Vol 33 ◽  
pp. 411-421
Author(s):  
Nataliia MEKH ◽  
Oleh MEKH
Keyword(s):  
Information And Communication Technologies ◽  
Technological Progress ◽  
Human Life ◽  
Communication Technologies ◽  
Research Problem ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Information And Communication ◽  
General Scientific ◽  
The Individual

The article deals with the problem of integration of scientific and technological progress, in particular information and communication technologies in human life, the emergence of an alternative level of dependence of the individual on information and technogenic factors in the psycholinguistic aspect. Analysis of theoretical and practical prerequisites of influence of scientific and technological sphere on a person, particularly information and communication technologies on its psycholinguistic potential, estimation of depth, and practical consequences of influence and further prospects. The general scientific methods of analysis and synthesis of the research problem were used, formalizing the results of domestic and foreign sources, systematization, and comparing existing estimates to identify significant and minor factors and their correlation, generalization of results, forecasting of prospects. Scientific and technological progress in changing man's world has adjusted his ability to choose information, analyze it critically, and formulate objective decisions. More and more people are given not information for analysis but conclusions. The existence of human dependence on information technology comes from the understanding that their creation is a projection of the inner world of man, his views and motives. Therefore, dependence is a downside to existing technological comfort, living conditions, and communication. At the same time, competition requires constant updating of people's knowledge of technology, which only exacerbates this dependency, personal energy costs, psychological fatigue, and problems of motivation. One of the conditions for effective human existence in the information and communication system is violated - synchronization of information processing processes, which negatively affects the psycholinguistic level. The level of human dependence on technology is unprecedented, and further expansion and self-interest will only worsen, in particular psycholinguistic perspectives. The improvement of the situation does not lie in the technological plane, as it increases the level of social morality, an ethos of man and community. Keywords: scientific and technological sphere, information and communication technologies, psycholinguistics, integration, influence.

scholarly journals On the Issue of Improving the Activities of the Aviation Security Service in Russia

Legal Concept ◽  
2021 ◽  
pp. 174-183
Author(s):  
Alexander Sarychev ◽  
◽  
Ivan Arkhiptsev ◽  
Ekaterina Karaulova ◽  
◽  
...  
Keyword(s):  
Aviation Security ◽  
Maximum Efficiency ◽  
Service Research ◽  
High Tech ◽  
Inspection System ◽  
Federal Law ◽  
Scientific Methods ◽  
Security Service ◽  
General Scientific ◽  
Poor Recruitment

Introduction: Aviation Security Service is an independent system that ensures the safety of air passengers and the airport as a whole. It has been given a free hand recently, namely, with the adoption of Federal Law No. 491-FZ Dated December 31, 2017 “On Amending the Aviation Code of the Russian Federation for ensuring aviation security”. Before the enactment, these functions were fulfilled by the police. In its activities, the police used some technical means necessary to identify the objects prohibited in circulation, but after the transfer of such powers to the Aviation Security Service, there was a process of improving and digitalizing technical devices, which contributed to improving the quality of screening air passengers, baggage and airport facilities. In its activities, the Aviation Security Service uses a highly systematic improved safety technology; a huge range of high-tech devices is used to ensure this service. But despite the improvement of technologies in the inspection system, the broadening of powers of the Aviation Security Service, there are also several shortcomings in its activities. Such are the gaps in the regulatory framework both for the Aviation Security Service itself and for interaction with the territorial Departments of Internal Affairs in transport. In addition, there is poor recruitment of personnel and corruption component in this area. Purpose: the purpose of the study is to analyze the features of aviation security in Russia and develop measures to improve the activities of the Aviation Security Service. Research methods: the methodological framework for the study is made up of the general scientific methods of cognition. To ensure the objectivity of the research, the analyzed problem is revealed by the authors as a phenomenon using a systematic approach, which allows us to reveal its mechanism in such a way that the theoretical provisions are used with maximum efficiency in practical activities. Research results and conclusions: the authors highlight the features of the activities of the Aviation Security Service in Russia during inspection measures, and also identify the main security problems at the airports.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

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