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No. 41, June 2020 

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№ 41, июнь 2020

Table of Contests                   
                       

 

  Aksenova Svetlana

Vladimirovna,

Pesotskaya Yelena

Nikolayevna  

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Intuitivism and Socio-Philosophical Aspects of Methodological Search for Whole Knowledge

   
     Abstract        
  The article examines the basic positions and significance of Henri Bergson’s philosophical teaching; presents the analysis of the basic differences between the reasoned and intuitive methods of cognition in philosophy; identifies the main priority features of intuition as a method of cognition relevant in modern science and practice. The authors consider intuition from the point of view of the theory of integrity in order to investigate the meaning of intuition as a methodological instrument. The “individual intuitive” and “corporate intuitive” knowledge are classified. The article shows wide distribution of the process of individual intuitive knowledge in practical medicine in the form of intuitionreduction and examines some metaphysical aspects of the problem.
 

 

Key Words: intuitionism, intelligence, knowledge, truth, method, logical intuition, instrumentality, mechanistic worldview, integrity, corporate knowledge, creativity, diagnostics.

 

        Abstract           

 

Aksenova Svetlana

Vladimirovna,

Pesotskaya Yelena

Nikolayevna

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The Essence and Existence of Social and Medical Reality as a Preeminent Problem of Social Philosophy and Interdisciplinary Knowledge (the Aspects of Reflection)

 

The article considers the phenomenon of “medical humanities” as an independent interdisciplinary direction of research and as a reality based on the integration of international experience. The phenomenon is thought of in the field of the patristic tradition and medicine, as it focuses pedagogical strategy and moral practice. In the Russian spiritual tradition, it fits into the processes of formation of humanity and spirituality, which receive modern interpretation both in moral and religious categories and in categories of natural science, which are of special importance for medical practice. Spirituality in the Russian tradition acts as a pivotal category of thinking. The authors also consider an action of a person’s worldview acting as a psychophysiological segment of the human organism and a designing mechanism for transformation of the value bases of thinking. The inclusion of the foundations of spiritual and moral education and the patristic experience in the training of doctors in the modern higher medical school contributes to the creation of complex conditions for the restoration of humanitarian culture in medicine, qualitatively changing its anthropological and ethical psychological components. Systemic humanitarian knowledge in medical education serves as an instrumental moral practice. Transformations of the human possibilities are directly related to the spiritual transformations taking place in the Russian tradition, which is also a method of cognition. The authors emphasize the importance of humanitarian knowledge in medical practice, as it actualizes the mission of professional dedication of a practical doctor   

 

 

Key words: worldview, Russian spiritual tradition, spiritual activity, philosophy, science, humanitarian knowledge, method of cognition, transformative processes, information, religious experience, spirit, soul, body, man, reflection, sociality.

 

 

 

 

 

Vasilyeva Anna

Sergeevna,

Mirnaya Daryа

Sergeyevna,

Romanova Anna

Sergeyevna 

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Free Personality as the Essence and Meaning of the Educational Process: Leo Tolstoy

         Abstract    
  The article deals with L. N. Tolstoy’s ideas related to the problems, tasks, and goals of the educational process. The writer believed that raising a child in a climate of freedom allows us to form a creative, active, and, at the same time, ethical person. Tolstoy criticized the modern principles of conducting the educational process built on “memorizing” the programme. Corporal punishment used all over the educational process, especially in military-type educational institutions, became an object of a strong criticism from the author. He called for the elimination of these methods that suppress the will of man, his creative potential. Like J.-J. Rousseau, Tolstoy idealized the moral essence of childhood, believing that the teacher should only guide the child, thereby contributing to the strengthening of the innate moral values. Tolstoy believed that education should be focused on the activity of a person both as a professional and as a citizen.
 

 

Key words:  education, personality, Leo Tolstoy, freedom of an individual, educational process.

 

        Abstract           

  

 

Vasilyeva Anna

Sergeevna, 

Streltsov Vadim

Vadimovich   

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Some Sources for the Study of the Emotional History of Everyday Life in the 1920–1930s

All state and public official propaganda, state institutions, various measures of extrajudicial prosecution and extra-economic coercion in the early USSR were aimed at forming the population’s value system necessary for the authorities. Not all the emotional life of a person of that era resonated with an imposed (sometimes violently) value system. Studying the surviving documents of the era helps to understand it, as these documents cast light on this problem. The article analyzes some documents of various origins that are related to the history of urban everyday life of the 1920–1930s, the cultural history of emotions.   

 

 

Key words: archival documents, urban everyday life, documents of personal origin, sources, history of emotions.

 

 

 

 

  

Gerasimov Sergey

Viktorovich

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The Existence of Social Reality: Narratives and Events

   
     Abstract        
  Human civilization is inextricably linked with the ongoing process of generating social reality. Social reality arises in the space of public communications. Its creation, preservation, and changing are the result of the activities of individuals and social groups. Moreover, social reality is also a system for transferring collective experience and training new participants. A dynamic system of mutual influence of social reality and society arises. People attach meanings to entities and events, create a conventional world of sign and symbolic space to meet the needs of the members of the society. The creation and existence of a social space takes place in a linguistic environment which consists of speech acts, performativities. The article examines the role of events and narratives in the processes of conceptualizing the image of the world, of creating, changing, and preserving social reality, as well as in structuring the system of rules, applying these rules, creating logical connections, and practical existence of social reality.
 

 

Key Words: performatives, narratives, social reality, semantic formation, public communication, text, event.

 

        Abstract           

 

Guzynin Nikolay

Gavrilovich

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Justice as an Alternative to Freedom in the Realities of Russian Society

 

The article shows the correlation between the concepts of justice, equality, and freedom in relation to the historical and social realities of Russian society. At the same time, justice, equality, and freedom are considered not only as concepts, but also as fundamental values of Russian society. The concepts of justice, equality, and freedom are presented in sections of two-level consideration: epistemological and ontological. At the epistemological level, in relation to the above concepts, freedom and equality are considered as antagonistic concepts, and justice has a very significant mediative role. At the ontological level, these concepts are considered as the most important values of Russian society. The author focuses on significant discrepancies between the ontological and epistemological levels in understanding these concepts and their practical application in historical and social realities as goal-setting values of Russian society. The article notes the need to remove the antagonism in the opposition “justice—freedom” and affirm at the level of society the understanding that justice without freedom is unfair, and justice is just only in union with freedom. In the conclusion of the article, as the main idea, the author formulates a maxim about the need for modern Russian society to make a transition from the confrontational model of “justice in spite of freedom” to the model of “fair justice based on freedom” in order to implement the project of civilizational breakthrough in the future.   

 

 

Key words: freedom, justice, equality, state, alternative, paternalism, responsibility, freedom, value, culture, mentality

 

 

 

 

 

Lvov Denis

Vladimirovich

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Archetypes of Corporativity, Hierarchy, and Self in Democratic Processes

         Abstract    
  The article examines the influence of trends caused by the archetypes of corporativity, hierarchy, and Self on the processes of formation of a democratic social order. The article shows the dialectical contradictions generated by these archetypes in sociopolitical activity; the peculiarities of manifestation of each of these archetypes in sociocultural and political practice; and the signs of strengthening of the Self archetype that stimulate individualism which were diagnosed by other researchers. A brief scheme of historical development of interaction between the collectivist archetypes of corporativity and hierarchy is proposed. The author considers the influence of the contradictions generated by these two archetypes on the stimulation of the archetype of the Self. It is necessary to take into account the influence of each of the discussed archetypes of the collective unconscious on the political life of society. Finally, the author proposes a view of the democratic model as a way to harmonize the archetypes of corporatism, hierarchy, and Self.
 

 

Key words: democracy, archetype of corporativity, archetype of hierarchy, Self

 

        Abstract           

  

  

Oleshkova Anna

Mikhaylovna

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Language as a Tool of Violence
The article offers a view of violence in Freudo-Marixism, political philosophy, and critical discourse analysis. Violence is defined through H. Arendt’s logic, where she demarcates power and violence, followed by the summary of S. Ziˇzek’s typology of ˇ violence. Discursive view of power that descends from M. Foucault draws our attention to its ontological status. Meanwhile, the binding agent that enables us to see subjective, objective, and symbolic power of any given social system simultaneously is a language (or a discourse in broader terms) that conceptualizes violence. Thus, it is particularly necessary to use the empiric data in social philosophy: H. Arendt and S. Ziˇzek are shaping their ˇ views and methodology on the concurrent issues and events. These theories assist us in understanding that the manipulation of language through discourse and non-discourse practices dominates our daily lives.   

 

 

Key words: power, violence, language, discourse, critical discourse analysis, FreudoMarixism, psychoanalysis, structuralism, poststructuralism

 

 

 

 

 

Pesotskaya Yelena

Nikolayevna 

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The Methodological Function of Social Philosophy in the Context of the Basis Research Programs of the Medical and Philosophical Knowledge: Foundations and Transformative Potential
           Abstract  
  This article provides an overview of the place and role of philosophical foundations in the content of the humanities and natural science, which determine the worldview and methodological structure of these sciences. Modern rationalism is presented as an explanatory and prognostic concept. The author shows its importance in the field of cognition and new technologies during the period when the evaluation approach appeared in the orderly context of natural and technical, social, and medical knowledge through terminological borrowing with an expressed assessment content. Regulatory principles are applied as individual methodological “clues” in solving specific scientific problems in the context of auditing scientific standards; the problematic field of humanitarian thinking and cognition is shown. The rationalization of humanitarianism during the period of digitalization of humanitarian knowledge serves as its axiomatic characteristic, which connects to the contextual spiritual and historical content. Its philosophical foundations cover methodological and social aspects, integrativeness, which means combining knowledge of a man and his complex nature, obtained in different fields of cognition.
 

 

Key words: social philosophy, methodology, philosophical foundations, humanitarian knowledge, worldview, science, rationality, tradition, culture, subject, assessment, world of life, natural science, research program, history, reality, technology.

 

        Abstract           

 

Yakovleva Yelena

Viktorovna

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On the External and Internal Conditionality of Evolutionary and Revolutionary Changes in History

The article analyzes the correlation between the internal and external factors of social and historical changes in society. The author states that the study of historical processes, based solely on the analysis of the internal characteristics of a local society, is incomplete. The article considers the internal and external prerequisites for socio-political dynamics, analyzes the evolutionary and revolutionary processes and states that they depend on a large extent on external factors. In view of the increasing level of external interactions in the context of globalization, the authors proves that it is important to relate the models of natural development of society with its current state, and, as a result, the external impact on the situation in society can be revealed.   

 

 

Key words: : historical changes, revolution, evolution, external factors of social dynamics, internal factors of social changes.

 

 

 

 

Gaar Eduard,

Dembinskayte Viktoriya

Stanislavovna,

Nikitina Tatyana 

Viktorovna, 

Skalaban Mariya

Pavlovna, 

Schiereck Dirk

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Financial Literacy among Russian and German Students
           Absract  
  The article presents a comparative analysis of the financial literacy level of students in Russia and Germany. The factors determining the financial competence are revealed. On the basis of regression models dependencies between socio-demographic indicators, education, and level of financial literacy are found. Particular attention is paid to the need to improve financial literacy and awareness of long-term investments in order to ensure a decent standard of living after retirement.
 

 

Key words: financial literacy, financial competence, financial behaviour, demographic indicators.

 

        Abstract           

 

Spletukhov Yuriy

Aleksandrovich

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Agricultural Insurance in Russia: Current State and Directions of Development

The article deals with issues related to the procedure for conducting agricultural insurance and, first of all, insurance in crop production. The author highlights the features of this insurance, the reasons for its high significance in modern conditions, and the problems arising in the implementation of insurance operations. The practice of providing agricultural insurance on the terms of state support is described in particular detail: the author indicates the factors that made it necessary to provide insurance in this form and the specifics of the organization of this insurance. The article also presents the analysis of the dynamics of development and current state of agricultural insurance in Russia, as well as the assessment of its prospects and areas of improvement. In particular, the introduction of index insurance is proposed: for this purpose, the author describes the foreign experience of providing this insurance, its options, advantages, and disadvantages.   

 

 

Key words: agricultural insurance, state support, analysis, development prospects.

 

 

 

 

Tebekin Aleksey

Vasilyevich

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The Problems of the Development of the Global Economy in the Context of Macroeconomic Instability
           Abstract  
  The article considers the problems of the development of the global economy in the context of the global economic crisis that began in 2020 and presents the results of an analysis of modern trends in the development of the world economy in terms of their influence on the structure and patterns of development of the world economy. From the point of view of the basic theoretical and methodological approaches, the author gives an assessment of the current processes of development of the world economy. The article also presents the results of an analysis of the dynamics of the international division of labor in modern conditions of macroeconomic instability in monetary, financial, biological, scientific, technical, social, industrial, commercial, environmental, and other areas. The author describes the changes in the processes of internationalization of economic life and the globalization of economic activity during the current global economic crisis caused by a regular change in technological patterns. Taking into account the key factors that determine the directions and forms of the dynamics of the processes of internationalization of the world economic, the author also analyzes the changes in the interconnections of the processes of regional integration and economic globalization. Finally, the author gives a prediction about the prospects for overcoming the global economic crisis for the global and national economies.
 

 

Key Words:development problems, world economy, conditions of macroeconomic instability.

        Abstract           

   

 Khodochenko Anastasiya

Viktorovna

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Implementation of Russia’s National Economic Interests Under Sustainable Development of the Black Sea Economic Cooperation (BSEC)

The BSEC is an effective mechanism for cooperation in the Black Sea region, where the participating countries can jointly resolve interstate issues and implement joint projects for the further development of the region. The common historical, geopolitical, and geo-economic space of the Black Sea region allows the countries to unite in order to face the current and future global challenges. The key point of cooperation for Russia is the implementation of national economic interests within the BSEC. The Black Sea region is of strategic importance to Russia in terms of its geographical location and natural wealth. The article identifies the priority areas of cooperation that are of great strategic importance for Russia in economic terms. The development of regional cooperation between Russia and the BSEC countries in the context of current integration processes can help to increase the pace of development of the countries themselves and the region as a whole   

 

 

Key words: BSEC, Russia, sustainable development, national economic interests.

 

 

 

 

  

Abashina Lyudmila

Aleksandrovna,

Yefremova Olga

Valentinova

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On Differentiating the Elements of the Crime Under Article 286 of the Criminal Code of Russia (Exceeding Official Powers) and the Elements of Related Criminal Acts

   
         Abstract    
  This article considers the differentiation of the crime under Article 286 of the Criminal Code of Russia (Exceeding Official Powers) from related criminal acts. The authors come to the conclusion that this is a complex legal problem, and the decision on the distinction between abuse and excess of power should be based not only on the study of the motives for committing this crime (as it is happening now in practice), but also on determining the presence or absence of an official status, since the excess of powers can be committed by an ordinary subject that does not have the characteristics of a special one. When abuse of power take place, there are some legal consequences, such as rights and obligations for others, whereas in case of excess of power either there was no reason to implement the powers, or it was not possible to implement them this way, i. e. it was beyond the procedural form prescribed by the relevant regulations
 

 

Key Words: excess of power, abuse of power, official crime, public officer.

 

        Abstract           

 

Akayeva Kseniya

Albertovna, 

Zapadnova Yuliya

Altafovna

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On the Illegal Activity of “Death Communities”

 

The article discusses the unlawful activity of “death communities” and the criminological characteristics of the crime under Art. 110.1 of the Criminal Code of the Russian Federation—Inducement to Commit Suicide or Assistance in Committing Suicide. The personality characteristic of an administrator of a “death community” is presented, including sociodemographic and moral and psychological traits, the behavior of the victims, and the reasons for committing the crime under Art. 110.1 of the Criminal Code of Russia. The authors present some examples from judicial practice and statistical information of the Ministry of Internal Affairs of Russia and the All-Russian Center for the Study of Public Opinion. The authors also examine the specifics of preventing youth suicide or assisting in committing suicide, in particular, the activities of the Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) and the Federal Service for Supervision of Communications, Information Technology, and Mass Media (Roskomnadzor) in blocking the sites and communities on the Internet that contain prohibited information in the form of suicide propaganda.   

 

 

Key words: juvenile, inducement to commit suicide, article 110.1 of the Criminal Code of the Russian Federation, “death community”.

 

 

 

 

 

  Berenkova Violeta

Mikhaylovna

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Internet Memes as a Basis for Criminal Prosecution

   
     Abstract        
  The growing popularity of Internet memes has caused proceedings of a significant number of criminal cases, which in some cases resulted in the imprisonment of the accused people. This article deals with the problem of criminal prosecution of the Internet memes authors, in particular, the problem of bringing charges, defining the characteristics of the precedent memes and reviewing of the public opinion concerning this point. The situation has caused certain public response. In order to reveal the public opinion, the author carried out an anonymous survey. It found that the majority of respondents do not consider memes as a dangerous phenomenon for the society. The author also identified the characteristics of the memes that can be the basis for criminal prosecution under Article 282 of the Criminal Code of Russia: obscene content (the presence of obscene language is not a mandatory criterion), malicious intent and instigating nature, public character, deliberate discrediting of a person or group of people in the public eye.
 

 

Key Words:abuse, Internet memes, linguistic expertise, speech culture, criminal prosecution, anonymous survey.

 

        Abstract           

 

 

Gaynyuchenko Dmitriy

Aleksandrovich,

Baturyan Margarita

Avetisovna

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On the Role of the Conflict of Laws Rules in the International Private Law of the Russian Federation

 

The article covers the role of the conflict of laws rules in Russian private international law, including their legal nature, types, and functions. In private international law, a “competition” between the legal systems that simultaneously claim to regulate the same public relations is eliminated mainly by means of conflict of laws rules. They are usually understood in private international law as rules of conduct that establish which state’s law should be applied to a particular legal relationship. These rules solve the conflict of laws problem based on the choice of the law of a particular state with which the elements of the legal relationship are connected. The article discusses the features of these rules because the conflicts rule itself does not answer the question, what are the rights and obligations of the parties to this relationship, but merely indicates a competent legal order that determines the rights and obligations of the parties   

 

 

Key words:  state, national law, implementing acts, conflict, multisystem complex, conflict binding, reference rules

 

 

 

 

 

Davydova Mariam

Aleksandrovna

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Tax Monitoring as an Opportunity to Improve the Efficiency of Tax Administration

         Abstract    
  The purpose of the research is to study the increase in efficiency and transparency of tax administration due to the development of electronic document management. The article uses the formal legal method, the method of generalization, the comparative legal method. Having studied tax monitoring in Russia from 2015 to 2019, the author gives an assessment of the effectiveness of this type of tax control as a way to prevent tax disputes. The author comes to the conclusion that it is necessary to expand the circle of the participants of monitoring by lowering the threshold for participation. The field of study demonstrates the practical and theoretical significance of the interaction of tax authorities and taxpayers when conducting tax monitoring in the form of electronic document flow. The provisions of the article can be used in scientific and practical activities in the implementation of tax monitoring as an innovative way of control
 

 

Key words: tax monitoring, tax control, tax administration, tax audit, taxes.

 

        Abstract           

 

Zablotskaya Tatyana

Gennadyevna,

Khilyuta Vadim

Vladimirovich

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Institution of Exemption from Criminal Liability in Criminal Law of the Republic of Belarus on the Basis of Compensation for Damage Caused

 

This publication deals with the social relations arising from committing an offence and the subsequent exemption from criminal liability in connection with the voluntary compensation of the damage caused, as well as the application in practice of the possibility of exemption from criminal liability on these grounds. The article also describes the difficulties that arise in connection with the payment made by the accused that should be greater than the amount that corresponds to the damage caused. The authors study the relationship between the accused, who looks forward to exemption from criminal responsibility, and the criminal prosecution body, which gives an opinion on the existence of grounds for such a decision. It is also noted that no exemption from criminal liability on this ground should take place in cases where the crimes committed involve an attack on life and health.   

 

 

Key words: exemption from criminal liability, criminal law, Republic of Belarus, voluntary reparation of damaged, Ciminal Code, penalties, compensation, harm, property, plea agreement, public danger, repentance.

 

 

 

 

 

 

Isakova Nina

Aleksandrovna

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Public Legal Means of Counteracting Mismanagement of Residential Premises

 

   
     Abstract        
  The article considers some debatable issues of the order of and the grounds for termination of a property right on a mismanaged residential premise. The author formulates suggestions for improvement of the current legislation regarding mismanagement of residential premises. The author also suggests to introduce the special concept of a mismanaged residential premise into the legislation, which is important when deciding whether to sell such housing at an open auction with the money from selling going to the owner.
 

 

Key Words: ownership, termination of a private property right, residential premise, mismanagement of residential premises, resort to the court.

 

        Abstract           

 

Kedrovskaya Yelizaveta

Antonovna

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Tax Preferences for the Residents of the Territories of Advanced Social and Economic Development

 

The article discusses the features of taxation in the territories of advanced social and economic development and legal regulation of the special economic zones and territories of advanced social and economic development. The author considers the requirements which organizations must fulfill in order to obtain the status of a resident of the territories of advanced social and economic development and the right to tax preferences. The article describes the requirements for the residents of the territories of advanced social and economic development created in the territory of single-industry municipalities (monotowns). The tax preferences for payment of land tax, corporate property tax, value added tax, corporate income tax, mineral extraction tax, and insurance premiums are considered. On the example of Ulyanovsk Oblast, the issue of providing additional tax preferences at the level of subjects is considered. The author compares the tax rates under the preferential tax regime and under the general regime, states the problems regarding compliance with the requirements for obtaining and maintaining the status of a resident, and the application of tax preferences, proposing the ways to solve them.   

 

 

Key words:  tax preferences, tax incentives, territories of advanced social and economic development, corporate income tax, value added tax, mineral extraction tax, insurance premium rates.

 

 

 

 

 

Korneev Sergey

Aleksandrovich

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Differentiation of the Measures of Criminal Legal Pressure Provided for by the Acts of International and National Legislation

         Abstract    
  This article considers the measures of criminal legal pressure of national and international criminal legislation. In some cases, the competence of international judicial bodies coincides with the powers of national judicial bodies, which leads to a legal conflict. In this regard, the study suggests a distinction between the measures provided for by the acts of international and national criminal legislation. The competence of the International Criminal Court, by virtue of its priority and supremacy over national justice bodies, is to bring the persons found guilty of international crimes within its jurisdiction to criminal responsibility in the form of punishment. The competence of national authorities is to prescribe the measures of criminal legal pressure, mitigate criminal responsibility and punishment, release from criminal responsibility and punishment, resolve the issue of sanity/insanity of a person who has committed a socially dangerous act etc.
 

 

Key words: international criminal law, international body of justice, international criminal tribunal, criminal legal pressure, measures of criminal legal pressure.

 

        Abstract           

   

Kopylov Andrey

Yuryevich

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The Specifics of Creativity in the Works of Science, Literature, and Art as a Condition for Granting Copyright Protection to These Works

Current legislation and the practice of its application establish a general criterion for the protection of works of science, literature, and art without taking into account the specifics of its manifestation in each individual area of regulation. Moreover, various types of creativity—scientific, literary, and artistic—have a direct impact on the conditions for the protection of individual types of works in terms of their content and form. As a result of the study, it was found that creativity in the scientific field is characterized by a strictly targeted orientation and the value of works of science is determined by the content—those scientific ideas that are embodied in a certain concept. In the field of literary creativity, the author proposed the idea of distinguishing literary works in relation to works of fiction as their separate types. The criterion for such a distinction is the content determined by the specifics of artistic creation, the result of which reflects real or imaginary reality through the use of artistic images and other expressive means by the writer. According to the author, this criterion will be even less universal for various types of works of art, a non-exhaustive list of which is contained in Article 1259 of the Civil Code of the Russian Federation. That is why it is built taking into account the presence of the volume of creativity.   

 

 

Key words: creativity and creative activity; works of science, literature, and art; form and content of the work; copyright

 

 

 

 

  

Krasnova Lyudmila

Borisovna

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Forensic Features of the Latest Information Technologies

   
     Abstract        
  The article discusses the forensic features of the latest information technologies: the features of the creation, transformation, and use of artificial intelligence and its most effective way of organizing (artificial neural networks), software and hardware that ensure the anonymity of the actions taken (these are primarily electronic communication tools that bypass telecom operators and more sophisticated tools such as anonymizers, VPNs, and special browsers). Most of the listed information technologies create and continuously record all actions performed with them. Thus, electronic equipment has the ability to store a significant amount of digital information and is currently the most informative source of information about its owner and their activity in the digital environment, which makes it possible to conduct a forensic investigation of the entire technological process of impact on electronic information.
 

 

Key Words:forensics, investigation of crimes committed using information technology, information technology, artificial intelligence, anonymizers

 

        Abstract           

 

Kuzmin Sergey

Sergeyevich

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Legal Analysis of the Object and the Objective Side of Coercion to Testify

The system of administration of justice needs protection in order to exclude the facts of encroachment that could harm the legitimate interests both of ordinary citizens and of direct participants in criminal proceedings. The attitude of the population towards the judiciary can become worse because of unlawful influence on individuals in the form of forcing them to testify. The body of this crime is defined in Article 302 of the Criminal Code of Russia. Such coercion creates the danger of passing a sentence based not on the real picture of the committed criminal act, but on the imagination of the person conducting the preliminary investigation in a specific criminal case.   

 

 

Key words: criminal law, crimes against justice, coercion to testify, object of crime, objective side of the crime.

 

 

 

 

 

Marukhno Vasilisa

Mikhaylovna,

Rudenko Yevgeniya

Yuryevna

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On the issue of the possibility of withdrawing a land plot in case of violation by the owner of the conditions for its intended use

         Abstract    
  The Constitution of the Russian Federation enshrines the principle of inviolability of property, but it also provides for the possibility of deprivation of this right. The current legislation enshrines several methods of forcibly terminating ownership of land. The authors analyze the norms of Articles 284 and 285 of the Civil Code of the Russian Federation, providing for the possibility of forcibly terminating the ownership of land in connection with the unlawful behavior of the owner - violation of requirements for the intended use of land. Guided by the verbal interpretation of the norms, the authors come to the conclusion that the norms have different semantic meanings, despite similar formulations. The authors believe that law enforcement practice is not consistent with the content and meaning of the norms, especially considering the fact that land plots are of particular value.
 

 

Key words: land, seizure, use, intended use, intended purpose, verbal interpretation

 

        Abstract           

  

 

Mezhivoy Aleksey

Vladimirovich,

Cheremnykh Valeriy

Yuryevich

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Some Aspects of Civil Liability of Municipalities
The article analyzes the civil liability of municipalities in accordance with the current legislation of the Russian Federation. It is proved that municipalities can act as full participants in tort civil legal relations, and such obligations, in turn, have signs of a special civil offence. This position is confirmed by the fact that the municipality, acting as a subject of civil legal relations, has all the signs of territoriality, which, in turn, means that the borders of the territory in question have an individually expressed functional civil personality in the form of a municipality, which also acts as a place, where its subjective rights and legal obligations are concentrated. The authors focus on the essence of violation of civil law as the basis of municipal civil liability of the subjects in question. The authors also examined the signs and features of applying civil liability measures to municipalities in accordance with the current legislation of the Russian Federation.   

 

 

Key words: liability, municipalities, offence, harm

 

 

 

 

 

Oganezov Edgar

Maratovich,

Karipidi Alla

Gennadiyevna

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Copyright on the Translation of a Work
           Abstract  
  This article examines the legal nature of copyright in relation to derivative works. In particular, such an object of copyright as a translation of a work is considered. The authors consider the copyright on the original work and its translation. The features of copyright in a derivative work are highlighted, some problems of legal regulation of relations regarding them are noted, and solutions are proposed. The article discusses the method of copyright for the translation of a work. Criteria are analyzed that allow the translation of a work to be attributed to the results of creative activity and the correlation of competence to translate a work within the framework of the exclusive right to the original work. The necessity of observing the right of the author of the original work on the inviolability of his result of intellectual activity is noted. Conclusions are drawn and ways to overcome existing problems are proposed
 

 

Key words:copyright, literary work, derivative work, exclusive right, inviolability of the work

 

        Abstract           

 

Podelko Anastasiya

Sergeyevna, 

Zhivodrova Nadezhda

Anatolyevna  

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Sexual Misconduct in Information and Telecommunications Networks (Including the Internet)

The article deals with the main problems of criminal liability for sexual misconduct under Article 135 of the Criminal Code of the Russian Federation committed on the Internet against minors. The authors present and analyze the official statistical data reflecting the number of crimes committed against the sexual privacy of minors in 2016–2018, the number of registered indecent acts in 2008–2018, and the number of convicted persons. The article considers the position of the Supreme Court of the Russian Federation regarding the actions where was no direct physical contact with the body of the victim. The authors define the main reasons for the increase in the number of crimes under consideration and propose a number of preventive measures that, according to the authors, will contribute to reducing the number of crimes related to acts of sexual misconduct committed against minors in information and telecommunications networks, including the Internet.   

 

 

Key words: sexual misconduct, the Internet, social network, minors, sexual privacy.

 

 

 

 

Serduk Aleksandra

Yuryevna

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Abuses in the Field of Procurement of Goods, Work, Services to Meet the State or Municipal Needs. Signs of the Objective Side of the Crime Under Article 200.4 of the Criminal Code of Russia
           Absract  
  The author considers a new body of the crime under Article 200.4 of the Criminal Code of the Russian Federation. The absence of law enforcement practice indicates the presence of technical and legal problems. The author investigates some cases of using the concept of abuse in the Criminal Code of Russia and comes to the conclusion that the use of legal technology is inappropriate. Much attention is paid to the objective side of this crime. The author makes an attempt to concretize the separate acts that constitute the crime under Article 200.4 of the Criminal Code. The author gives examples of individual criminal acts that may be included in the objective side. The concept of major damage in terms of criminal and civil law is analyzed. The author comes to the conclusion that the concept of harm should be detailed and that the current edition doesn’t meet the requirements of the enforcement practice.
 

 

Key words: criminal law, abuse of power, criminal differentiation, purchase of goods, works and services for state or municipal needs, major damage.

 

        Abstract           

 

Khlus Aleksandr

Mikhaylovich,

Shumak Grigoriy

Aleksandrovich

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The Forensic Structure of a Crime and Its Influence on Criminal Legal Qualification

Collecting and procedural consolidating of the evidence related to the committed act forms the basis of criminal qualification of crimes. The procedure and methods for identifying and fixing the signs of a criminal act are developed by forensic science, which has formed its own concept of a crime different from that of criminal law. In the process of scientific development, the criminalistic concept of a crime has taken the form of a description of its most significant features. This entailed the emergence of such a scientific category as the forensic characteristics of crimes. The general forensic characteristics of crimes, as a result of generalization of criminal cases, does not provide an objective criminal legal qualification of a specific act. For the correct qualification of crimes, it is necessary to be based on the criminalistic understanding of crime as a structured system consisting of material elements to be studied in the process of investigative activity.   

 

 

Key words: crime qualification, forensic science, forensic characteristics, forensic structure of a crime

 

 

 

 

Shadrina Yekaterina

Viktorovna

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Criminal Law as the Legal Basis of Fight Against Crime in Modern Russia
           Abstract  
  The article examines the issues of compliance of the tasks provided for by the current Russian criminal legislation with the tasks that are actually solved by law enforcement agencies in the process of applying the norms of criminal law in modern Russian society. The article analyzes the tasks that are assigned to law enforcement agencies in the process of applying the norms of criminal law. It is concluded that the legislation regulating the activities of law enforcement agencies should have tasks similar and partially identical with the tasks of criminal legislation. Researched criminal legal norm stipulated in article 2641 of the criminal code "Violation of traffic rules by a person subjected to administrative punishment as well as a modern institution of punishment in the General part of the criminal law. The author comes to the conclusion that the changes affecting the criminal legislation reflect the main directions of modern criminal policy, where one of the priority areas is the fight against crime. It is concluded that it is necessary to expand the range of tasks of criminal legislation and include in their list the task of countering criminal encroachments. An updated version of article 2 of the criminal code "Tasks of criminal legislation"is proposed..
 

 

Key Words: tasks of criminal legislation, criminal policy, law enforcement agencies, counteraction to criminal encroachments, police.

 

   

 

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