Historical prerequisites for legal regulation of prevention crimes committed by the Internal Affairs bodies of the Russian Federation

2020 ◽  
Vol 2020 (2) ◽  
pp. 72-81
Author(s):  
Margarita Yakovleva ◽  
Elena Marchenko
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
System Analysis ◽  
Negative Impact ◽  
Economic Status ◽  
Legal Regulation ◽  
Political Life ◽  
Special Role ◽  
The Russian Federation ◽  
Internal Affairs

The relevance of crime prevention is that crime in today’s innovative society is an extremely dangerous phenomenon that has an adverse impact on the socio-economic status of each state, on individual citizens and their collective entities. This negative phenomenon also have a negative impact on the political «life» of the State: certain types of crimes have a pronounced anti-State character (terrorism, official deception, bribery, etc.). In this regard, there is no doubt about the special relevance of building an effective system of State response to any manifestations of crime, including a system of prevention by the Russian internal affairs agencies, research into the history of these relations. The subject of the study is a scientific analysis of the historical prerequisites of the genesis of the national legislation on the regulation of relations in the field of crime prevention. The purpose of this study is to analyze the legal peculiarities of crime prevention at various stages of legislation in this sphere before the modern stage development. The Methods of research are system analysis, historical, structural, logical, comparative scientific methods. The study highlights the historical stages of the genesis of national internal affairs agencies in relation to crime prevention activities. The results achieved include the analysis of sources of law in the field of crime prevention at each of the historical stages, the analysis of issues in the field of legislative development, and the identification of trends in each of the stages. It is noted that in modern conditions, in accordance with the current Russian legislation, in the system of state authorities whose activities are aimed at combating and preventing crimes, a special role is assigned to the internal affairs bodies of the Russian Federation, headed by the Ministry of Internal Affairs of the Russian Federation. It is this federal executive body that carries out the main range of activities to combat crime, organize preventive measures and prevent, detect and eradicate crime.

scholarly journals Counteraction of corruption as one of the main directions of improving management in internal affairs bodies of the Russian Federation

2021 ◽  
pp. 89-95
Author(s):  
Anatoly Markushin ◽  
Oleg Morozov
Keyword(s):  
Russian Federation ◽  
Management System ◽  
Historical Perspective ◽  
Negative Impact ◽  
Legal Regulation ◽  
Point Of View ◽  
The Russian Federation ◽  
Internal Affairs

The article deals with the issues of combating corruption from the point of view of the negative impact of this phenomenon on the management system in the internal Affairs bodies. The main periods of development of this type of offenses and measures for their prevention are given in the historical perspective. The text focuses on the measures of legal regulation taken by the country’s leadership to improve legislation in this area.

ELECTRONIC CRIME INCIDENT REPORT AS A REASON TO INITIATE A CRIMINAL CASE (THE COMPARATIVE ANALYSIS OF LEGAL REGULATION IN THE NORMATIVE ACTS OF THE RUSSIAN MINISTRY OF INTERNAL AFFAIRS AND THE RF CRIMINAL PROCEDURE CODE)

2021 ◽  
pp. 44-50
Author(s):  
P. A. Samoylov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Electronic Interaction ◽  
Incident Report ◽  
Procedure Code ◽  
The Russian Federation ◽  
Internal Affairs ◽  
Electronic Crime ◽  
Crime Reports

The integration and active application of electronic document flow to the daily activities of the police have consistently and logically led to the fact that the electronic crime incident report is increasingly used as a reason to initiate criminal cases. The departmental normative legal acts of the Ministry of Internal Affairs of Russia regulate in detail the processing of such reports. However, under the RF Criminal Procedure Code, not all electronic crime reports registered by the Departments of Internal Affairs meet the established requirements, and, accordingly, they can not perform the function of a criminal procedural cause. In this situation, with the obvious relevance of electronic documents, an example of a contradiction and gap in the law is evident, which somewhat hinders the development of electronic interaction between the participants of criminal procedural activity and can cause negative consequences. The paper analyzes and compares the provisions of some normative sources regulating the reception and consideration of electronic crime reports by the Departments of Internal Affairs of the Russian Federation and the norms of criminal procedural legislation. The author critically evaluates the legal definitions of the concept of a crime incident report and some organizational and legal mechanisms for accepting and considering electronic crime reports established by the departmental legal acts of the Ministry of Internal Affairs of the Russian Federation. The study highlights and clarifies the rules of filing, mandatory requisites, and some other requirements for electronic crime reports, which must be complied with according to the provisions of the criminal procedure code. Based on the data obtained, the author offers recommendations to improve criminal procedural law and the algorithm of accepting electronic crime reports using the official websites of the Departments of the Ministry of Internal Affairs of the Russian Federation.

scholarly journals The Role of Corporate Agreement as a Legal Mechanism for Regulating Corporate Relations Under the Civil Legislation of the Russian Federation

Legal Concept ◽  
2019 ◽  
pp. 99-104
Author(s):  
Elmira Baibekova
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Negative Impact ◽  
Civil Law ◽  
Legal Analysis ◽  
Corporate Rights ◽  
The Russian Federation ◽  
Basic Characteristics ◽  
Legal Mechanism ◽  
And Control

Introduction: the paper is devoted to the study of the institution of corporate agreement incorporated into the Russian legislation in the course of the civil law reform. The purpose is to determine the essence, meaning and basic characteristics of the corporate agreement in civil law of Russia, by virtue whereof, the author analyzes the concept of subject of the corporate agreement, the main aspects of its legal nature, and also produces a comparative legal analysis of the correlation of the company’s charter and the corporate agreement. Using the methods of scientific knowledge, especially the method of system analysis, in order to identify the areas of improvement of the corporate agreement in the field of regulating corporate rights and obligations, the author analyzes the corporate agreement’s role in the implementation and protection of the company’s corporate rights, as well as in the development of corporate relations. The necessity of further detailed legislative regulation of corporate agreements is argued. Results: the legal confirmation of the institution of corporate agreement in the civil legislation of the Russian Federation allowed the participants of business companies to implement and control their corporate rights and obligations, as well as liability for their non-performance, in accordance with this agreement. Conclusions: corporate agreement is a relatively new institution for the Russian reality, so it requires special attention. It is of great interest to business, which can be seen in practical examples, even the largest corporations with the state participation become parties to such agreements. The need for a detailed study of the corporate agreement is due to the ambiguous position of the legislator regarding the essence, meaning and content of this agreement. The absence of a solid theoretical basis on these issues can have a very negative impact on the law enforcement practice.

scholarly journals RUSSIAN LAW OF OBLIGATIONS REFORMED: THE CONSEQUENCES FOR THE INSTITUTE OF DAMAGES (LOSSES)

2021 ◽  
pp. 689-698
Author(s):  
Y. E. Monastyrsky ◽  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Code ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Russian Law ◽  
Practice Methods

Introduction: of all the instruments of protection of subjective property rights, the fundamental role belongs to the institute of indemnification, whose regulatory framework needs to be clarified. The purpose of this paper is comparative description of the important legal aspects of the main type of property liability. In accordance with the purpose, the following objectives were set: to determine the extent to which legal provisions of general regulations on obligations laid down in the Civil Code of the Russian Federation should or can be applied to claims for damages; to formulate the proposals for improving the indemnification court practice. Methods: the methodological framework of the study consists of specific scholarly (special legal, comparative legal) and general scholarly (problem-theory, teleological, and system) methods of analysis. The main trends in the development of the institute of liability and the debatable aspects reflected in the Russian and foreign documents were studied with the use of the problem-theory and system analysis methods. Results: being a summary overview of the available knowledge and comparative regulatory material, this paper allowed us to articulate the ideas aimed at improving the fundamental principles of legal regulation of relations in the sphere of protection of subjective rights, in particular indemnification. Discussion: indemnification is a developing major institute of civil law, invariably attracting the attention of scholars around the world. Lately it has taken on special significance and some of its aspects have become a focus of a separate field of scholarly discussion. Many Russian scholars have written about indemnification in a comparative aspect: О. N. Sadikov, V. V. Baibak and others [2, 15]; this paper focuses on the reform of Russian law of obligations and the new provisions of the Civil Code of the Russian Federation of March 8, 2015 and reveals the consequences of the reform for the institute of damages, discussing this topic in detail as a separate standalone issue. Conclusion: we hope that this paper will contribute to further discussion in the civil law doctrine of the ideas and conclusions presented.

scholarly journals About the formation of legislation in the field of chemical and biological safety of the Russian Federation

2019 ◽  
Vol 95 (8) ◽  
pp. 717-721 ◽  
Author(s):  
E. A. Boyko ◽  
N. N. Goncharuk ◽  
A. D. Dashitsyrenova ◽  
N. A. Kostenko ◽  
Oksana O. Sinitsina ◽  
...  
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Legal Regulation ◽  
Risk Level ◽  
Chemical Weapon ◽  
Biological Factors ◽  
Chemical Safety ◽  
Biological Safety ◽  
The Russian Federation ◽  
Population And Environment

The realization of the package of measures directed at the consecutive decrease of the negative effect of hazardous chemical and biological factors on the population and environment to the acceptable risk level stipulates the development of standard legal regulation in the field of ensuring the chemical and biological safety. For this purpose article presents substantiation and conceptual approaches to the creation of legislation in the field of the chemical and biological security of the Russian Federation within the pursued state policy. In determination of conceptual approaches, in the article there are reported: the main idea, the purpose, a subject of legal regulation, the circle of people who will be subjected to the laws, the place offuture laws in the system of current legislation, the provisions of the Constitution of the Russian Federation, the Federal backbone laws of the Russian Federation to realization of which laws are directed, there is given the general characteristic and an assessment of a condition of legal regulation in this field, results of the analysis of the information on the need for correspondence of Russian laws to provision of international treaties, concerning prohibitions of the biological and chemical weapon, safe handling with biological agents and chemicals, and also the development of uniform procedures of ensuring chemical and biological safety. The major aspect in the shaping of the legislation is the global character ofproblems of chemical and biological safety in this connection in article there is indicated the need of rapprochement of rules of law for this area with partners in economic cooperation and integration. Taking into account an orientation of future laws on the decrease in the level of the negative impact of dangerous chemical and biological factors on the population and environment, there are designated medical, social, economic and political consequences of their implementation. There are presented the proposed structure for bills: “About biological safety”, “On Chemical Safety” and “On the National collection of pathogens.

scholarly journals DEVELOPMENT OF THE CONSTITUTIONAL AND LEGAL FRAMEWORK FOR ENSURING INFORMATION SECURITY AS PART OF THE NATIONAL SECURITY

2020 ◽  
Vol 16 (4-1) ◽  
pp. 54-63
Author(s):  
Татьяна Полякова
Keyword(s):  
Information Security ◽  
National Security ◽  
Russian Federation ◽  
Information Technologies ◽  
System Analysis ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
Digital Data ◽  
The Russian Federation

The article is devoted to the analysis of amendments to the Constitution of the Russian Federation relating to the protection of national security, including in the field of information. Purpose: to analyze the role and impact of the amendments to the Constitution of the Russian Federation in 2020. These amendments are related to the State regulation at the federal level of information security and the tasks of ensuring the support and preservation of scientific and technological potential and the development of Russia. Methods: the work is based on the methods of dialectics and system analysis of the information and legal sphere, which allow to comprehensively, logically and consistently study the processes of implementation of constitutional and legal norms and the prospects for their development in the legal regulation of information security in order to identify existing patterns and development trends, as well as priority tasks. Results: the study leads to the well-founded conclusion that referring in the Basic Law to the federal authorities the security of the person, society and the State in the use of information technologies and digital data circulation is a constitutional and legal innovation that is fundamental to the development of legal and scientific research in the field of information security as an important component of the national security of the State, as well as for the development of the system of legal regulation in this areas in information law.

scholarly journals Social movements in the Russian Federation and their participation in elections: Current state and prospects of development

2021 ◽  
Vol 21 (3) ◽  
pp. 317-322
Author(s):  
Tatyana V. Troitskaya ◽  
Keyword(s):  
Social Movements ◽  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Legal Regulation ◽  
Political Life ◽  
Political Movements ◽  
Federal Law ◽  
Political Sphere ◽  
The Russian Federation

Introduction. The socio-political sphere of the state is the foundation of its democratic development and a prerequisite for longterm state-building. The history of the development of the Russian state testifies to the absence of traditions of the formation of democratic institutions and their development. Social movements in the modern state are the mainstay of the development of the country’s political system and the prerequisite for the formation of new political parties. In accordance with the Federal Law “On Public Associations”, a public movement is a type of public association that has a mass character and pursues social, political and other socially useful goals. Taking into account the peculiarities of the current stage of constitutional and legal regulation of the activities of political parties, it is necessary to consider the issue of expanding the participation of social movements in the socio-political life and in the electoral process. Theoretical analysis. Today, Russia stands on the path of democratic transformation of all state institutions. The institutions of the socio-political sphere of civil society also need this transformation. The activities of political parties in a country with a stable constitutional framework are the basis for the exercise of state power. The functioning party system of modern Russia is not characterized by elements of completeness. Social movements, taking into account the Russian reality, could become a platform for the formation of competitive political parties in the future. Empirical analysis. The analysis of the content of the Federal Law “On the basic guarantees of electoral rights and the right to participate in the referendum of citizens of the Russian Federation” indicates the legal consolidation of such a concept as “electoral association”. This concept is introduced to define the subject of electoral actions in the process of holding elections at various territorial levels. Its content indicates that in the framework of federal and regional elections, these are primarily political parties. In elections to local self-government bodies, such an electoral association may be a public movement, provided that the purpose of participation in the elections is fixed in the statutory documents. Results. The natural process of forming political parties is related to their grassroots level of formation. Today’s Russian party system is in crisis, and small political parties do not enjoy electoral support. It is necessary to create legal conditions for the development of socio-political movements – as an organizational basis for the formation of political parties with stable political programs. The conclusion is formulated that among all the variety of social movements functioning in Russia, one can distinguish such a variety as socio-political movements and provide for their right to nominate candidates for deputies in single-mandate and multi-mandate electoral districts, as well as their participation in the implementation of public control in Russia.

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

scholarly journals Implementation of FATF approaches to the regulation of virtual assets in the legislation of the Russian Federation: development prospects

2020 ◽  
pp. 138-147
Author(s):  
T. E. Rozhdestvenskaya ◽  
A. G. Guznov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Negative Impact ◽  
Legal Regulation ◽  
Financial Assets ◽  
Federal Law ◽  
Monetary System ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Development Prospects

The emergence and dissemination of digital values, and, above all, cryptocurrencies, necessitated their legal regulation. The article analyzes the basic FATF requirements to the legal regulation of virtual assets. The article discusses legislative novelties that enshrine the legal status of utilitarian digital rights, as well as the main provisions of the draft federal law “On Digital Financial Assets”, which is currently being discussed in the State Duma of the Federal Assembly of the Russian Federation. Particular attention is paid to the approaches to the legal regulation of cryptocurrencies. The risks arising from the legal circulation of cryptocurrencies are identified and systematized. It is concluded that deciding on the legalization of cryptocurrency requires provision of mechanisms protecting the rights and legitimate interests of its owners as well as mechanisms preventing possible negative impact of cryptocurrency on the state’s monetary system.

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