THE ISSUES OF LEGAL REGULATION AND ORGANIZATION OF LAW ENFORCEMENT AGENCIES'' SUPERVISION OVER THE EXECUTION OF COURT JUDGMENT WITHIN THE FRAMEWORK OF PART 2.1 OF ARTICLE 4.1 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION

Author(s):  
E.A. Dimitrova
2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.


2021 ◽  
Vol 23 (3) ◽  
pp. 6-12
Author(s):  
ALEXANDER GURINOVICH ◽  

This article analyzes the relevant legislation, identifies the basic criteria for defining the concept of the civil service of other types in the Russian Federation, and describes the current state of its legal regulation. The service of other types is carried out in the federal-state bodies and organizations subordinate to them; such organizations perform special functions to ensure security, law and order, combat crime and protect citizens’ rights and freedoms. The author identifies the reasons for the abolition of such a concept as “law enforcement service” in the civil service systems and considers the process of its transformation into a new segment within this system. Based on the conducted comparative analysis of legislative and subordinate legal acts containing relevant regulatory provisions, the analysis shows that today the civil service of other types is carried out in state bodies defined as law enforcement agencies. To reflect the current state of legal regulation for the civil service of other types, the author notes an increase in the corresponding legislative framework in recent years. The issues of legal regulation of work in the field of civil service of other types are worked out in special laws regarding employees of customs authorities, internal affairs bodies, the federal fire service, the criminal justice system, and enforcement bodies. In addition, the article outlines the key priorities for further improvement of legal regulation.


Author(s):  
S. V. Matveev ◽  
S. M. Kolotova

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 


2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.


Lex Russica ◽  
2020 ◽  
pp. 9-17
Author(s):  
N. A. Kulakov

The purpose of the research paper is to study the problems of legal regulation of administrative liability in the field of patent law. As a result of the conducted research, the author comes to the conclusion that administrative responsibility as a means of legal protection of patent rights possesses significant potential capacity. However, a number of factors do not allow this potential to be enforced to the necessary extent. The author enumerates the following factors: latency of administrative offenses in the field of the patent legislation and lack of confidence of rights’ holders in law enforcement agencies in this area; low level of legal qualification of law enforcement officials in the field of the patent legislation; problems of the normative and legal regulation of administrative liability for infringement of patent rights. The author sees the solution to the problem of increasing the efficiency of administrative responsibility in the field of the patent legislation as a complex counteraction to the above factors. Within the framework of the paper special attention is paid to the problems of legal regulation of administrative liability in the field of patent legislation. The author analyzes Para 2 of Art. 7.12 of the Code of Administrative Offences of the Russian Federation, which provides for liability for violation of patent and inventor’s rights. The author comes to the conclusion about the need to develop this legal rule and defines a number of proposals for amending the current legislation. In addition, in order to ensure a comprehensive and effective protection of the right to remuneration for an invention (utility model, industrial design), a proposal has been formulated to expand the jurisdiction of the federal labor inspectorate and introduce the consequential amendments to the secondary legislation.


Author(s):  
Роман Нагорных ◽  
Roman Nagornyh

The monograph presents the characteristics of modern theoretical and methodological approaches to the understanding of the problems of administrative and legal regulation of the public service of the Russian Federation in the field of law enforcement, subjected to a detailed analysis of the current administrative legislation in the field of administrative and legal regulation and organization of public service in law enforcement agencies, justified the direction of further improvement Special attention is paid to the problems of development of the administrative law Institute of public service in law enforcement, the legal status of civil servants of law enforcement agencies in our country. The book is intended for students, postgraduates, teachers and researchers of educational institutions and research institutions, as well as for all those interested in the problems of modern administrative law.


2021 ◽  
Vol 16 (4) ◽  
pp. 174-183
Author(s):  
L. V. Mikhaylova

The paper deals with the problems of control over crime in the sea, contradictions and gaps in regulations that determine the procedure for considering reports of crimes, conducting operational-search measures when committing criminal acts outside the Russian Federation. The existing legal regimes in the sea do not take into account the specifics of operational search activities and, therefore, are not applicable for detecting, suppressing and solving crimes, as well as making decisions on received messages and statements. The author formulates recommendations for law enforcement officers, as well as makes proposals for improving international tools and departmental regulations aimed at solving the problem associated with ensuring compliance with the rules of law in the sea. It is important to note that the improvement and expansion of law enforcement capabilities can be achieved through the adoption of effective measures that combine the introduction of relevant provisions into national legislation, as well as international cooperation of many states.


2020 ◽  
Vol 17 (4) ◽  
pp. 557-565
Author(s):  
A. V. Khromov

The article provides a comparative analysis of administrative legal norms of the Russian Federation and Finland that regulate the participation of citizens in the protection of public order. The relevance of the chosen topic is determined by the fact that the human rights activities of law enforcement agencies, their importance in the fieldof public law enforcement, personal and public security is often unproductive, especially in the context of the global economic crisis, in which the functioning of law enforcement agencies alone is obviously not enough to protect human rights and freedoms and maintain public law and order. It is known that public tension in the state, including in Russia and Finland, increases sharply in emergency situations: during man-made disasters, epidemics, social crises, and terrorist activities. In such situations, the existence of public organizations whose activities guarantee the protection of public order and the elimination of negative consequences of emergency situations is extremely necessary. The Author considers the concept of public order, reveals its essence and content. The definition of the term “protection of public order” is formulated. It defines the legal regulation of citizens’ participation in public order protection in the Russian Federation and Finland. Common and similar features of such regulation are highlighted. The main legal acts regulating the participation of citizens in the protection of public order in Russia and Finland are analyzed in detail. According to the Author, strict centralization, as well as the lack of proper interaction of law enforcement agencies with society, is one of the key problems of enforcement and protection of public order in the law enforcement system of Russia and Finland. The issue of voluntary national teams functioning both in Russia and Finland is being considered. Attention is drawn to their specific features. In the end, the author concludes that at present, both for Russia and Finland, the issue of protecting citizens who take part in the protection of public order is a difficult one. It can be stated that in comparison with the Russian Federation, Finland provides a much smaller amount of guarantees for the protection of citizens who participate in the protection of public order.


2021 ◽  
Vol 20 (5) ◽  
pp. 959-971
Author(s):  
Andrei L. BELOUSOV

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.


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