Epomen Scientific Journal      

 

Included in the Russian Science Citation Index (RSCI)

 

     
     

 

No. 41, June 2020

 

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Latest issue:
No. 41, June 2020 

Последний выпуск:
№ 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.

 

  

   
Read the issue:
No. 40, May 2020  

читать выпуск:
№ 40, май 2020

Table of Contests                   
                       

 

  Bakuradze Andrey

Bondovich 

 Read the Article: 

Freedom as the Value of the Cossacks

   
     Abstract        
  The author analyzes the main views on the origin of the Cossacks as a social community and substantiates the claim that the value of freedom is one of the basic values of life of the Cossacks. It is concluded that it was manifested in the"Cossack will "and in the unique system of Cossack self-government, which was focused both on the organization of the life of the Cossack communities, and the satisfaction of various social needs of each Cossack and Cossack woman. It is proved that the transformation of the Cossacks into the service class of the Russian state did not make significant changes in the way of life of Cossack villages and farms, because the Cossacks still recognized the value of freedom. At the same time, it was combined in the Outlook of the Cossacks with the value of society and the state, which became the basis of the Patriotic orientation of the Cossacks.
 

 

Key Words: cCossacks, Cossack, value, freedom,"Cossack will self-government, way of life..

 

        Abstract           

 

Geoffrey Klempner,

Nikitin Grigoriy

Mikhaylovich

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Formation of the Gamer Subculture in the Information Age

 

Gaming is a peculiar phenomenon of the information age, which combines the intrinsic human desire for competition and rivalry with the modern capabilities of information technology. Gamers are not only participants in the game, they become part of virtual reality through identity with their avatars, game images, representing one of the “products” of electronic culture, by which we mean the totality of the results of creativity and communication of people in the context of introducing IT innovations, characterized by creating a single information space, virtual form of expression, distance technology, content liberalization.   

 

 

Key words: subculture, gamer, avatar, game images, information technology, electronic culture, communication, IT innovation, information space, content.

 

 

 

 

 

Geoffrey Klempner,

Eric DeJardin

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Luciano Floridi’s Concept of Philosophy of Information

         Abstract    
  The article explores the concept of philosophy of information, developed in the 1990s by the Italian philosopher Luciano Floridi. L. Floridi’s Philosophy of Information was published by Oxford University Press. In his work, L. Floridi formulated 18 problems of the philosophy of information. The solution of these issues is especially important for the development of a new branch of science called philosophy of information. By L. Floridi, modern society is characterized, on the one hand, by the presence of human beings, and on the other, by any artificial formations and things or objects of this material world. Technologization in developed societies affects more and more different areas that affect the human being: the sphere of communication, production and consumption of goods, life, art, health
 

 

Key words: information, philosophy of information, heuristics, philosophical problems of computer science, reontologization, reengineering

 

        Abstract           

  

 

Yenikeyev Anatoliy 

Anatolyevich

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Hermeneutics and Analytical Philosophy in the Context of the Pragmatics of a Philosophical Text

The paper covers the determining of the role of hermeneutics and analytical philosophy of language in solving the problem of pragmatics of a philosophical text. The pragmatics of the philosophical text is understood as part of modern research trends in the field of humanitarian culture. Hermeneutics and analytical philosophy, along with postmodernism, are the most popular “discursive practices” in the field of text philosophy. The paper considers and analyzes three main perspectives of interaction between these discursive practices: (1) the institutional nature of the modern philosophy of text; (2) communicative strategies for the development of contemporary humanitarian discourse; (3) a shift in the “epistemological paradigm” of modern research in the field of cultural philosophy. A comparative analysis of Western and Russian concepts of pragmatics of the philosophical text is carried out. It is concluded that the pragmatics of the philosophical text, as an actual problem of modern research, is an expression of the “linguistic turningpoint” in the philosophy of the 20th century and meets the requirements of modern postmodern culture.   

 

 

Key words: philosophy of a language, pragmatics of a text, hermeneutics, analytical philosophy, postmodernism.

 

 

 

 

  

Marchenkova Yekaterina 

Yevgenyevna

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The Determinants of Social and Cultural Development of Belarus in the Polish–Lithuanian Period

   
     Abstract        
  The article identifies a complex of basic factors defined as the cultural traditions of the Belarusian society in the context of their influence on the basic parameters of economic dynamics. In this regard, several periods are distinguished in the history of Belarus. The article represents the sociocultural characteristics of the development of the Belarusian society during the periods of the existence of the Grand Duchy of Lithuania and the Polish–Lithuanian Commonwealth. Particular attention is paid to the specifics of cultural and religious life and political characteristics. These factors had a great influence on the formation of the national psychology of Belarusians and determined the patterns of development of its economic institutions. The analysis shows an enclave combination of civilizational characteristics of the West European and East Slavic (Russian) types. The principal features of the Belarusian sociocultural environment are the weakening of religious traditions and the dominance of corporate principles.
 

 

Key Words: social development, sociocultural background, national psychology, social modernization, economic development, cultural tradition.

 

        Abstract           

 

Pavlenko Valeriya

Vladislavovna,

Sverdlenko Vladlen

Sergeyevich,

Sukhoverkhov Anton

Vladimirovich

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Architectural Archetypes: From the Harmony of Number to Deconstruction 

The article touches upon the identification of socio-philosophical foundations of historic and paradigmatic archetypes in the design of buildings and is aimed at the conceptual generalization of various architectural styles. The work shows the development of architecture in accordance with the historically emerging individual and social worldviews, spirit of the times. It also shows the critical influence of philosophical views of different eras on theoretical and aesthetic content of art and architecture. It is stated that the diversity of architectural forms of different eras can fit into three main conceptual styles, which can be described as: (1) architecture of numerical harmony; (2) bionic architecture; and (3) architecture of deconstructionism. It is argued that all other styles can be considered as different conceptual (paradigmatic) variants of these three defining styles   

 

 

Key words: golden ratio, bionic architecture, deconstructivism, architectural styles, philosophy of architecture.

 

 

 

 

 

Pesotskaya Yelena 

Nikolayevna 

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A Hermeneutical Analysis of the Phenomenon of Subjectiveness in M. M. Bakhtin’s Cultural Heritage (the Aspects of Technical and Cultural Singularity)

         Abstract    
  The article analyses the instrumental significance of M. M. Bakhtin’s legacy for philosophical thought and modern culture in general. For this purpose, the relevance of identifying the basis of knowledge and the hermeneutic potential itself through philosophical methodology as a universal one is shown. The latter opens the horizons of deep reading of a person whose stay in the world has come as close as possible to the state of technical and cultural singularity, symbolizing a special moment in the accelerating development, in which the maximum complexity of the technical sphere, anthropological challenges, and anthropological, social, and technological crises are predicted. In this situation, the meta-design of a man, through which the possibilities of human being in modern technical culture are revealed and explored, is introduced. The sphere of human subjectivity is defined as the field of simultaneous expression of meanings, values, and articulation of the objective in both their value and procedural aspects.
 

 

Key words: man, culture, technical culture, technical sphere, being, existence, cognition, hermeneutics, text, meaning, methodology, subjectiveness, tradition, language, sign.

 

        Abstract           

 

Vardanyan Gohar 

Vazgenovna,

Poghosyan Diana 

Arturovna

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Assessment of Seasonal Fluctuations in the Tourism Sector According to the Data Provided by the Republic of Armenia
The aim of the current study is to identify the seasonal fluctuations in the field of tourism in Armenia based on quarterly data for the last 4 years. The simplest methods for determining seasonal components are the use of the moving average method and the design of an additive or multiplicative model of a time series. The dynamics of people entering and leaving Armenia is determined by seasonality. Throughout all these years the highest indicator was recorded in the third quarter. The analysis showed that if we exclude the seasonal component, the number of visitors would increase by 10,055, and that of travelers would increase by 9,598 in each quarter due to the effect of main development tendency and other factors.   

 

 

Key words: tourism, seasonal fluctuations, additive model, arrivals, departures.

 

 

 

 

Voskanyan Gohar 

Vazgenovna

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Analysis of Food Security in the World and in Armenia
           Abstract  
  Food security is a situation that exists when all people, at all times, have physical, social, and economic access to sufficient, safe, and nutritious food that meets their dietary needs and food preferences for an active and healthy life. The problem of food security is present in almost all countries of the world, and this problem deepens with the growth of the world’s population. Food security is seen as a global problem, and we need a unified approach in order to solve it. That is why the Sustainable Development Goals were designed to improve people’s lives, and states must work together to achieve this goal. The article presents the main legal acts related to food security and self-sufficiency ratio of the basic foodstuffs in the Republic of Armenia, to the poverty level by type of settlement, the level of education etc.
 

 

Key words:food security, challenge, self-sufficiency ratio, poverty, education

 

        Abstract           

 

Gorda Aleksandr 

Sergeyevich

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Global Imperatives of Transformation of the Global Monetary System

The paper covers the current trends in the functioning of the global monetary system and the determinants of its formation. The author characterizes the imperatives of the transformation of the global monetary system, the main of which are: transnationalization; regionalization and clustering of business; diversification of operating activities in the markets for goods, services, and investments; issuance and unprecedented dynamization of cryptocurrency circulation; strengthening the asymmetry of financial markets and monetary policies; a critical increase in mutual debt obligations. The problems and prospects of the transformation of the world monetary system are described taking into account the current dominance of the US dollar, the trends and prospects for the formation of a global currency system based on existing and planned regional currency systems are identified. The characteristics of the institutional interaction of the world monetary system with national systems are described. The strategic goals and conceptual foundations of the development of the global monetary system are outlined.   

 

 

Key words: world monetary system, floating exchange rate, dollarization, cryptocurrency.

 

 

 

 

Gorda Olga

Sergeyevna

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Features of the Formation of the International Labor Market in the Context of Digitalization 
           Absract  
  The article determines the modern specifics of labor activity, shows the objectivity of the emergence of new forms of labor organization in the digitalization of the economy, and analyzes the digitalization trends of the world labor market. The author states that the prerequisites for adapting to new forms of labor using digital technologies that are available in high-income countries can be considered formed in our time. Only in the USA and EU countries has the registration of new forms of employment been introduced, which corresponds to the methodology of the ILO Committee of Experts on non-standard forms of employment. It has been established that the high level of development of the digitalized labor market in these countries is determined by the fact that the population acts as employers and employees in the global market for outsourcing, crowdsourcing, and freelancing services. Freelance self-employment is the fastest growing segment of the digitalized labor market in the US and EU countries.
 

 

Key words: digitalization, digitalized labor market, freelance, outsourcing, crowdsourcing, coworking

 

        Abstract           

 

Lesnykh Olga

Andreyenva,

Yakusheva Yuliya 

Igorevna,

Nikitina Tatyana

Viktorovna

Read the Article:

Valuation of the Impact of Credit Risk on the Institutional Characteristics of the Banking System of the Russian Federation

The article provides a valuation of the impact of credit risk on the institutional characteristic of the banking system of the Russian Federation. Credit risk is important for the banking system. At the same time, the value of credit risk increases every year. It is connected with a slowdown in 2014 after the start of the economic crisis. As a result, the debt level of the Russian economy has begun to grow. The crisis was especially acute in consumer lending. All this contributed to an increase in the level of credit risk, which the Central Bank of the Russian Federation had to respond to. In particular, additional measures were introduced to evaluate the borrower. It is concluded that credit risk has a strong influence on the institutional characteristic of the Russian banking system.   

 

 

Key words: credit risk, institution, Russian banking system, Central Bank of the Russian Federation, banking.

 

 

 

 

Sorokina Anastasiya 

Sergeyevna, 

Yarotskaya Yelena

Vadimovna

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The Use of the Method of Correlation and Regression Analysis to Assess the Impact of Socio-Economic Factors on the Dynamics of the Provision of Land in Federal Property for Private Housing in Krasnodar Krai
           Abstract  
  This article aims at identifying possible macroeconomic factors affecting the amount of demand among the citizens for purchasing an individual residential house, in order to determine the optimal strategy in the field of managing federal land resources in the territory of the city of Krasnodar. During the statistical analysis, a significant correlation was established between the process of territorial involvement in the individual residential development sector and the four indicators characterizing the socio-economic environment of Krasnodar Krai. As a result of consideration of this issue, it was concluded that it is advisable to use the obtained regression model to solve the problems of territorial planning in the framework of the development of individual housing construction. In addition, this approach will contribute to achieving the prospects for sustainable development of Krasnodar City and creating comfortable conditions for the life of the population.
 

 

Key Words: correlation and regression analysis, federal property, private housing, strategic planning, demand factor.

        Abstract           

  Bazulina Anna

Anatolyevna  

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A Complex Problem of the Formation of Legal Awareness

The article considers the issue of legal awareness of the individual, relevant in the light of the development of new approaches to the problem of crime. The author, based on the opinions of criminologists, examines the unlawful motivation of the individual, identifies several types of the motives that guide people with a low level of legal awareness: self-affirmation, self-justification, substitute motives, and game motives. The author considers the structure of justice, which consists of two components: legal ideology and legal psychology. The first structural element is characterized by representations, concepts, judgments about legal reality, and the second is expressed in the form of assessments, moods, emotions regarding legal reality. A distinctive feature of legal ideology is the fact that it does not occur spontaneously, but is assimilated by the purposeful understanding of the right by specialists, then the population can assimilate it with the help of legal education.   

 

 

Key words: legal awareness, legal behavior of an individual, legal education, illegal motivation, antisocial orientation.

 

 

 

 

  

Volchenkov Vladimir 

Vasilyevich,

Kislyy Oleg

Alekseyevich,

Lukashin Mikhail

Vladimirovich

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On the Issue of Operational Search Support for the Investigation of Crimes

         Abstract    
  Taking into account the practical experience and theoretical material obtained in the course of scientific activity of the authors, they analyzed certain aspects of operational search activities, which allow to ensure the first and second stages of crime investigation, taking into account the emerging investigative and operational search situations. The authors developed a comprehensive approach to the issues dealing with the latency of crimes, which hinders their investigation by criminal procedural measures only, as they require not only the skillful use of forces and means, but also the use of many of them. The authors also consider the concept of operational search support as a set of measures based on the system of operational search knowledge, which allows employees of investigative departments to effectively investigate crimes, spending minimal time, as well as forces and funds.
 

 

Key Words: on the system of operational search knowledge, which allows employees of investigative departments to effectively investigate crimes, spending minimal time, as well as forces and funds.

 

        Abstract           

 

Kovalchuk Maksim 

Dmitriyevich,

Tychinin Sergey

Vladimirovich

Read the Article: 

On Imperfections of Legal Regulation of Insolvency (Bankruptcy) of Agricultural Organizations in Russia

 

The article discusses the imperfections of the legal regulation of insolvency (bankruptcy) of agricultural organizations in Russia. The authors examine the notion of agricultural organization in the norms of the Russian legislation and identify the problems in the conceptual framework. They also give their assessment of the role of the trustee in bankruptcy, which helps in finding shortcomings in the legislation regarding the implementation of the financial recovery procedure. The norms of the Federal Law On Insolvency (Bankruptcy) and of the Federal Law On Financial Recovery of Agricultural Commodity Producers are analyzed. According to the authors, there is an urgent need to revise the requirements for the education of a trustee in bankruptcy in order to have a detailed account of the specifics of agricultural production during the implementation of the financial recovery of agricultural organizations.   

 

 

Key words: legislation, insolvency, bankruptcy, agricultural organization, agricultural commodity producer, trustee in bankruptcy, financial recovery, specification, creditor, debts, food security, nature of land use.

 

 

 

 

 

 Malimonova Anastasiya 

Sergeyevna

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Food Security Crimes as an Object of Forensic Researches

   
     Abstract        
  Food security crimes are an object of forensic researches. Although a high level of awareness of the crimes exists globally, there is a lack of academic research into the phenomenon. Forensic literature on selected food security offenses is actively developing, but its complex study has not yet been conducted. The author provides legal definitions of the term of food security contained in international law, as well as in the legislation of the Russian Federation. The article substantiates the need to develop the concept of the food security crimes, due to the lack of such in the criminal law. The article describes and briefly characterizes the specific features of the food security crimes, drafts the concept of food security crimes in the forensic terms.
 

 

Key Words: food security crimes, food security, forensic concept of the food security crimes, crimes system, food products

 

        Abstract           

 

 

Marukhno Vasilisa

Mikhaylovna, 

Rudenko Yevgeniya 

Yuryevna

Read the Article: 

The Ability of Goods to Be Consumed as Their Main Property

 

The concept of goods is one of the key concepts in law and legislation. Goods satisfy the property needs which are constantly arising. Despite the fact that the concept of goods is interdisciplinary, the primary and basic regulation of issues related to goods is and should be implemented in terms of civil law. The authors examine the main, in their opinion, property of goods as a civil legal category. This property is the ability of goods to be consumed. Thus, the authors conclude that this property predetermines the objects that can become goods (these are tangible objects not reduced only to thing); the subjects of sales transactions (entrepreneurs and non-entrepreneurs, as consumption does not depend on the fact if a person is an entrepreneur or not); and, accordingly, its legal regulation, i. e. civil legal   

 

 

Key words:  goods, property, property relations, commodity-money relations, consumption, need

 

 

 

 

 

Pozdnyakov Aleksandr 

Nikolayevich

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International Cooperation in the Fight Against Crime in the Context of Economic Sanctions: the Operational Search Aspect

         Abstract    
  The article discusses the problematic issues related to the implementation of the tasks of operational search activities by the internal affairs bodies in the field of combating economic crimes. Large sums of money obtained by illegal means are “laundered” not only by legalization of the money within the country, but also by its flowing abroad. Thus, international operational search activities aimed at preventing economic crimes are possible if there is effective interaction with law enforcement agencies of other countries. The author analyzes the local and international regulatory acts governing this institution, formulates the problems associated with their application in practice, and suggests ways to solve these problems. Particularly, in order to increase the efficiency of information exchange on stolen and legalized assets, the author proposes to create a common database and an universal domestic information web portal named Tools and Resources for Enhancing Anti-Corruption Knowledg
 

 

Key words: economic security, units of economic security and anti-corruption, information support of operational search activitiespunishment, goals of punishment, minors, criminal law, social justice, education, measure of influence.

 

        Abstract           

 

 

Poryvayeva Polina 

Sergeyevna, 

Prokofyeva

Yelena Vasilyevna

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Issues of Reliability of the Methods of Conducting an Expert Experiment

This article discusses the conditions for conducting an expert experiment and the problems of obtaining reliable information for comparative research, related to the socalled subjective expert opinion. The authors raise the questions about the influence of the conditions of the experiment both on its individual stages and on the final results. The authors also consider the factors affecting the effectiveness of the expert experiment and analyse the characteristic features of the expert’s conclusion within the framework of the trace examination. These features have a significant evidentiary value based on the results of the expert experiment. An assessment of the results of an expert experiment in the framework of a mathematical and statistical approach is presented   

 

 

Key words: expert experiment, trace evidence, particular sign, mathematical and statistical approach, probabilistic and statistical evaluation

 

 

 

 

 

 

Khit Yana

Aleksandrovna,

Tashchiyan Arshak

Andranikovich

 Читать статью:

The Nature of Legal Liability for the Use of Doping in Sport

 

   
     Abstract        
  This article touches upon the criminal liability for the use of the substances and (or) methods prohibited for use in sports. The authors consider the generic, specific, and direct objects of this misdeed, give a detailed description of the subject, considers the acts that are part of the objective side, examines the subjective side and the list of the persons who are part of the subject of crimes provided for in Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation. The authors highlight the existing problems in criminal legislation and suggest the possible ways to improve it in this area. Attention is also paid to international aspects, which indicates the transnational nature of the issues of the use of substances and (or) methods prohibited in sports, including the disciplinary responsibility provided for by the World Anti-Doping Code of 2003.
 

 

Key Words: criminal liability, doping, prohibited substances and (or) methods, antidoping policy, improvement of criminal legislation.

 

        Abstract           

 

Trifonova Kristine

Vasakovna, 

Shumilina Anastasiya 

Borisovna

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Legal Regulation of Advertising Activities Abroad 

The article examines the features of legal regulation of advertising activities in foreign countries. The authors consider the basic categories of modern mechanisms of legal regulation of advertising activities in the European Union. Using the example of French and English law, the authors conclude that the national foundations of modern mechanisms for legal regulation of advertising activities in Europe do not necessarily transpose the EU rules because of the prevailing traditions of successful regulation in a number of European countries, including the advertising field   

 

 

Key words: business, advertising, foreign states, national law, international private law, business law.

 

 

 

 

 

Yakovets Yevgeniy 

Nikolayevich

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Some Topical Theoretical and Practical Problems of Operational Search Activities

         Abstract    
  This article discusses the problems of operational search activities that remain either not investigated at all, or need further study. The need to study these problems is determined by changes in the socio-economic life of society, in the structure and dynamics of crime, in the Russian legislation, as well as by the current state of the theory of this activity and many other factors. Special attention is paid to the following issues: methodological problems of operational search activity (language of theory, methods of cognition); the essence of some of the latter (investigative accounting, service dogs); problems of correlating the operational search measures and investigative activities; the compliance of names of investigative activities and their content; the options open to the assistance of citizens in the implementation of operational search activities; problems of operational search tactics to combat computer crime; organizational measures in the course of ensuring information security of subjects of operational search activities; organization of operational search activities under special conditi
 

 

Key words: operational search activities, methodological problems, operational search measures, public participation of citizens, cybercrime, organizational measures.

 

   
Read the issue:
No. 40, May 2020  

читать выпуск:
№ 40, май 2020

Table of Contests                   
                       

 

  Bakuradze Andrey

Bondovich 

 Read the Article: 

Freedom as the Value of the Cossacks

   
     Abstract        
  The author analyzes the main views on the origin of the Cossacks as a social community and substantiates the claim that the value of freedom is one of the basic values of life of the Cossacks. It is concluded that it was manifested in the"Cossack will "and in the unique system of Cossack self-government, which was focused both on the organization of the life of the Cossack communities, and the satisfaction of various social needs of each Cossack and Cossack woman. It is proved that the transformation of the Cossacks into the service class of the Russian state did not make significant changes in the way of life of Cossack villages and farms, because the Cossacks still recognized the value of freedom. At the same time, it was combined in the Outlook of the Cossacks with the value of society and the state, which became the basis of the Patriotic orientation of the Cossacks.
 

 

Key Words: cCossacks, Cossack, value, freedom,"Cossack will self-government, way of life..

 

        Abstract           

 

Geoffrey Klempner,

Nikitin Grigoriy

Mikhaylovich

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Formation of the Gamer Subculture in the Information Age

 

Gaming is a peculiar phenomenon of the information age, which combines the intrinsic human desire for competition and rivalry with the modern capabilities of information technology. Gamers are not only participants in the game, they become part of virtual reality through identity with their avatars, game images, representing one of the “products” of electronic culture, by which we mean the totality of the results of creativity and communication of people in the context of introducing IT innovations, characterized by creating a single information space, virtual form of expression, distance technology, content liberalization.   

 

 

Key words: subculture, gamer, avatar, game images, information technology, electronic culture, communication, IT innovation, information space, content.

 

 

 

 

 

Geoffrey Klempner,

Eric DeJardin

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Luciano Floridi’s Concept of Philosophy of Information

         Abstract    
  The article explores the concept of philosophy of information, developed in the 1990s by the Italian philosopher Luciano Floridi. L. Floridi’s Philosophy of Information was published by Oxford University Press. In his work, L. Floridi formulated 18 problems of the philosophy of information. The solution of these issues is especially important for the development of a new branch of science called philosophy of information. By L. Floridi, modern society is characterized, on the one hand, by the presence of human beings, and on the other, by any artificial formations and things or objects of this material world. Technologization in developed societies affects more and more different areas that affect the human being: the sphere of communication, production and consumption of goods, life, art, health
 

 

Key words: information, philosophy of information, heuristics, philosophical problems of computer science, reontologization, reengineering

 

        Abstract           

  

 

Yenikeyev Anatoliy 

Anatolyevich

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Hermeneutics and Analytical Philosophy in the Context of the Pragmatics of a Philosophical Text

The paper covers the determining of the role of hermeneutics and analytical philosophy of language in solving the problem of pragmatics of a philosophical text. The pragmatics of the philosophical text is understood as part of modern research trends in the field of humanitarian culture. Hermeneutics and analytical philosophy, along with postmodernism, are the most popular “discursive practices” in the field of text philosophy. The paper considers and analyzes three main perspectives of interaction between these discursive practices: (1) the institutional nature of the modern philosophy of text; (2) communicative strategies for the development of contemporary humanitarian discourse; (3) a shift in the “epistemological paradigm” of modern research in the field of cultural philosophy. A comparative analysis of Western and Russian concepts of pragmatics of the philosophical text is carried out. It is concluded that the pragmatics of the philosophical text, as an actual problem of modern research, is an expression of the “linguistic turningpoint” in the philosophy of the 20th century and meets the requirements of modern postmodern culture.   

 

 

Key words: philosophy of a language, pragmatics of a text, hermeneutics, analytical philosophy, postmodernism.

 

 

 

 

  

Marchenkova Yekaterina 

Yevgenyevna

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The Determinants of Social and Cultural Development of Belarus in the Polish–Lithuanian Period

   
     Abstract        
  The article identifies a complex of basic factors defined as the cultural traditions of the Belarusian society in the context of their influence on the basic parameters of economic dynamics. In this regard, several periods are distinguished in the history of Belarus. The article represents the sociocultural characteristics of the development of the Belarusian society during the periods of the existence of the Grand Duchy of Lithuania and the Polish–Lithuanian Commonwealth. Particular attention is paid to the specifics of cultural and religious life and political characteristics. These factors had a great influence on the formation of the national psychology of Belarusians and determined the patterns of development of its economic institutions. The analysis shows an enclave combination of civilizational characteristics of the West European and East Slavic (Russian) types. The principal features of the Belarusian sociocultural environment are the weakening of religious traditions and the dominance of corporate principles.
 

 

Key Words: social development, sociocultural background, national psychology, social modernization, economic development, cultural tradition.

 

        Abstract           

 

Pavlenko Valeriya

Vladislavovna,

Sverdlenko Vladlen

Sergeyevich,

Sukhoverkhov Anton

Vladimirovich

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Architectural Archetypes: From the Harmony of Number to Deconstruction 

The article touches upon the identification of socio-philosophical foundations of historic and paradigmatic archetypes in the design of buildings and is aimed at the conceptual generalization of various architectural styles. The work shows the development of architecture in accordance with the historically emerging individual and social worldviews, spirit of the times. It also shows the critical influence of philosophical views of different eras on theoretical and aesthetic content of art and architecture. It is stated that the diversity of architectural forms of different eras can fit into three main conceptual styles, which can be described as: (1) architecture of numerical harmony; (2) bionic architecture; and (3) architecture of deconstructionism. It is argued that all other styles can be considered as different conceptual (paradigmatic) variants of these three defining styles   

 

 

Key words: golden ratio, bionic architecture, deconstructivism, architectural styles, philosophy of architecture.

 

 

 

 

 

Pesotskaya Yelena 

Nikolayevna 

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A Hermeneutical Analysis of the Phenomenon of Subjectiveness in M. M. Bakhtin’s Cultural Heritage (the Aspects of Technical and Cultural Singularity)

         Abstract    
  The article analyses the instrumental significance of M. M. Bakhtin’s legacy for philosophical thought and modern culture in general. For this purpose, the relevance of identifying the basis of knowledge and the hermeneutic potential itself through philosophical methodology as a universal one is shown. The latter opens the horizons of deep reading of a person whose stay in the world has come as close as possible to the state of technical and cultural singularity, symbolizing a special moment in the accelerating development, in which the maximum complexity of the technical sphere, anthropological challenges, and anthropological, social, and technological crises are predicted. In this situation, the meta-design of a man, through which the possibilities of human being in modern technical culture are revealed and explored, is introduced. The sphere of human subjectivity is defined as the field of simultaneous expression of meanings, values, and articulation of the objective in both their value and procedural aspects.
 

 

Key words: man, culture, technical culture, technical sphere, being, existence, cognition, hermeneutics, text, meaning, methodology, subjectiveness, tradition, language, sign.

 

        Abstract           

 

Vardanyan Gohar 

Vazgenovna,

Poghosyan Diana 

Arturovna

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Assessment of Seasonal Fluctuations in the Tourism Sector According to the Data Provided by the Republic of Armenia
The aim of the current study is to identify the seasonal fluctuations in the field of tourism in Armenia based on quarterly data for the last 4 years. The simplest methods for determining seasonal components are the use of the moving average method and the design of an additive or multiplicative model of a time series. The dynamics of people entering and leaving Armenia is determined by seasonality. Throughout all these years the highest indicator was recorded in the third quarter. The analysis showed that if we exclude the seasonal component, the number of visitors would increase by 10,055, and that of travelers would increase by 9,598 in each quarter due to the effect of main development tendency and other factors.   

 

 

Key words: tourism, seasonal fluctuations, additive model, arrivals, departures.

 

 

 

 

Voskanyan Gohar 

Vazgenovna

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Analysis of Food Security in the World and in Armenia
           Abstract  
  Food security is a situation that exists when all people, at all times, have physical, social, and economic access to sufficient, safe, and nutritious food that meets their dietary needs and food preferences for an active and healthy life. The problem of food security is present in almost all countries of the world, and this problem deepens with the growth of the world’s population. Food security is seen as a global problem, and we need a unified approach in order to solve it. That is why the Sustainable Development Goals were designed to improve people’s lives, and states must work together to achieve this goal. The article presents the main legal acts related to food security and self-sufficiency ratio of the basic foodstuffs in the Republic of Armenia, to the poverty level by type of settlement, the level of education etc.
 

 

Key words:food security, challenge, self-sufficiency ratio, poverty, education

 

        Abstract           

 

Gorda Aleksandr 

Sergeyevich

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Global Imperatives of Transformation of the Global Monetary System

The paper covers the current trends in the functioning of the global monetary system and the determinants of its formation. The author characterizes the imperatives of the transformation of the global monetary system, the main of which are: transnationalization; regionalization and clustering of business; diversification of operating activities in the markets for goods, services, and investments; issuance and unprecedented dynamization of cryptocurrency circulation; strengthening the asymmetry of financial markets and monetary policies; a critical increase in mutual debt obligations. The problems and prospects of the transformation of the world monetary system are described taking into account the current dominance of the US dollar, the trends and prospects for the formation of a global currency system based on existing and planned regional currency systems are identified. The characteristics of the institutional interaction of the world monetary system with national systems are described. The strategic goals and conceptual foundations of the development of the global monetary system are outlined.   

 

 

Key words: world monetary system, floating exchange rate, dollarization, cryptocurrency.

 

 

 

 

Gorda Olga

Sergeyevna

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Features of the Formation of the International Labor Market in the Context of Digitalization 
           Absract  
  The article determines the modern specifics of labor activity, shows the objectivity of the emergence of new forms of labor organization in the digitalization of the economy, and analyzes the digitalization trends of the world labor market. The author states that the prerequisites for adapting to new forms of labor using digital technologies that are available in high-income countries can be considered formed in our time. Only in the USA and EU countries has the registration of new forms of employment been introduced, which corresponds to the methodology of the ILO Committee of Experts on non-standard forms of employment. It has been established that the high level of development of the digitalized labor market in these countries is determined by the fact that the population acts as employers and employees in the global market for outsourcing, crowdsourcing, and freelancing services. Freelance self-employment is the fastest growing segment of the digitalized labor market in the US and EU countries.
 

 

Key words: digitalization, digitalized labor market, freelance, outsourcing, crowdsourcing, coworking

 

        Abstract           

 

Lesnykh Olga

Andreyenva,

Yakusheva Yuliya 

Igorevna,

Nikitina Tatyana

Viktorovna

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Valuation of the Impact of Credit Risk on the Institutional Characteristics of the Banking System of the Russian Federation

The article provides a valuation of the impact of credit risk on the institutional characteristic of the banking system of the Russian Federation. Credit risk is important for the banking system. At the same time, the value of credit risk increases every year. It is connected with a slowdown in 2014 after the start of the economic crisis. As a result, the debt level of the Russian economy has begun to grow. The crisis was especially acute in consumer lending. All this contributed to an increase in the level of credit risk, which the Central Bank of the Russian Federation had to respond to. In particular, additional measures were introduced to evaluate the borrower. It is concluded that credit risk has a strong influence on the institutional characteristic of the Russian banking system.   

 

 

Key words: credit risk, institution, Russian banking system, Central Bank of the Russian Federation, banking.

 

 

 

 

Sorokina Anastasiya 

Sergeyevna, 

Yarotskaya Yelena

Vadimovna

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The Use of the Method of Correlation and Regression Analysis to Assess the Impact of Socio-Economic Factors on the Dynamics of the Provision of Land in Federal Property for Private Housing in Krasnodar Krai
           Abstract  
  This article aims at identifying possible macroeconomic factors affecting the amount of demand among the citizens for purchasing an individual residential house, in order to determine the optimal strategy in the field of managing federal land resources in the territory of the city of Krasnodar. During the statistical analysis, a significant correlation was established between the process of territorial involvement in the individual residential development sector and the four indicators characterizing the socio-economic environment of Krasnodar Krai. As a result of consideration of this issue, it was concluded that it is advisable to use the obtained regression model to solve the problems of territorial planning in the framework of the development of individual housing construction. In addition, this approach will contribute to achieving the prospects for sustainable development of Krasnodar City and creating comfortable conditions for the life of the population.
 

 

Key Words: correlation and regression analysis, federal property, private housing, strategic planning, demand factor.

        Abstract           

  Bazulina Anna

Anatolyevna  

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A Complex Problem of the Formation of Legal Awareness

The article considers the issue of legal awareness of the individual, relevant in the light of the development of new approaches to the problem of crime. The author, based on the opinions of criminologists, examines the unlawful motivation of the individual, identifies several types of the motives that guide people with a low level of legal awareness: self-affirmation, self-justification, substitute motives, and game motives. The author considers the structure of justice, which consists of two components: legal ideology and legal psychology. The first structural element is characterized by representations, concepts, judgments about legal reality, and the second is expressed in the form of assessments, moods, emotions regarding legal reality. A distinctive feature of legal ideology is the fact that it does not occur spontaneously, but is assimilated by the purposeful understanding of the right by specialists, then the population can assimilate it with the help of legal education.   

 

 

Key words: legal awareness, legal behavior of an individual, legal education, illegal motivation, antisocial orientation.

 

 

 

 

  

Volchenkov Vladimir 

Vasilyevich,

Kislyy Oleg

Alekseyevich,

Lukashin Mikhail

Vladimirovich

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On the Issue of Operational Search Support for the Investigation of Crimes

         Abstract    
  Taking into account the practical experience and theoretical material obtained in the course of scientific activity of the authors, they analyzed certain aspects of operational search activities, which allow to ensure the first and second stages of crime investigation, taking into account the emerging investigative and operational search situations. The authors developed a comprehensive approach to the issues dealing with the latency of crimes, which hinders their investigation by criminal procedural measures only, as they require not only the skillful use of forces and means, but also the use of many of them. The authors also consider the concept of operational search support as a set of measures based on the system of operational search knowledge, which allows employees of investigative departments to effectively investigate crimes, spending minimal time, as well as forces and funds.
 

 

Key Words: on the system of operational search knowledge, which allows employees of investigative departments to effectively investigate crimes, spending minimal time, as well as forces and funds.

 

        Abstract           

 

Kovalchuk Maksim 

Dmitriyevich,

Tychinin Sergey

Vladimirovich

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On Imperfections of Legal Regulation of Insolvency (Bankruptcy) of Agricultural Organizations in Russia

 

The article discusses the imperfections of the legal regulation of insolvency (bankruptcy) of agricultural organizations in Russia. The authors examine the notion of agricultural organization in the norms of the Russian legislation and identify the problems in the conceptual framework. They also give their assessment of the role of the trustee in bankruptcy, which helps in finding shortcomings in the legislation regarding the implementation of the financial recovery procedure. The norms of the Federal Law On Insolvency (Bankruptcy) and of the Federal Law On Financial Recovery of Agricultural Commodity Producers are analyzed. According to the authors, there is an urgent need to revise the requirements for the education of a trustee in bankruptcy in order to have a detailed account of the specifics of agricultural production during the implementation of the financial recovery of agricultural organizations.   

 

 

Key words: legislation, insolvency, bankruptcy, agricultural organization, agricultural commodity producer, trustee in bankruptcy, financial recovery, specification, creditor, debts, food security, nature of land use.

 

 

 

 

 

 Malimonova Anastasiya 

Sergeyevna

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Food Security Crimes as an Object of Forensic Researches

   
     Abstract        
  Food security crimes are an object of forensic researches. Although a high level of awareness of the crimes exists globally, there is a lack of academic research into the phenomenon. Forensic literature on selected food security offenses is actively developing, but its complex study has not yet been conducted. The author provides legal definitions of the term of food security contained in international law, as well as in the legislation of the Russian Federation. The article substantiates the need to develop the concept of the food security crimes, due to the lack of such in the criminal law. The article describes and briefly characterizes the specific features of the food security crimes, drafts the concept of food security crimes in the forensic terms.
 

 

Key Words: food security crimes, food security, forensic concept of the food security crimes, crimes system, food products

 

        Abstract           

 

 

Marukhno Vasilisa

Mikhaylovna, 

Rudenko Yevgeniya 

Yuryevna

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The Ability of Goods to Be Consumed as Their Main Property

 

The concept of goods is one of the key concepts in law and legislation. Goods satisfy the property needs which are constantly arising. Despite the fact that the concept of goods is interdisciplinary, the primary and basic regulation of issues related to goods is and should be implemented in terms of civil law. The authors examine the main, in their opinion, property of goods as a civil legal category. This property is the ability of goods to be consumed. Thus, the authors conclude that this property predetermines the objects that can become goods (these are tangible objects not reduced only to thing); the subjects of sales transactions (entrepreneurs and non-entrepreneurs, as consumption does not depend on the fact if a person is an entrepreneur or not); and, accordingly, its legal regulation, i. e. civil legal   

 

 

Key words:  goods, property, property relations, commodity-money relations, consumption, need

 

 

 

 

 

Pozdnyakov Aleksandr 

Nikolayevich

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International Cooperation in the Fight Against Crime in the Context of Economic Sanctions: the Operational Search Aspect

         Abstract    
  The article discusses the problematic issues related to the implementation of the tasks of operational search activities by the internal affairs bodies in the field of combating economic crimes. Large sums of money obtained by illegal means are “laundered” not only by legalization of the money within the country, but also by its flowing abroad. Thus, international operational search activities aimed at preventing economic crimes are possible if there is effective interaction with law enforcement agencies of other countries. The author analyzes the local and international regulatory acts governing this institution, formulates the problems associated with their application in practice, and suggests ways to solve these problems. Particularly, in order to increase the efficiency of information exchange on stolen and legalized assets, the author proposes to create a common database and an universal domestic information web portal named Tools and Resources for Enhancing Anti-Corruption Knowledg
 

 

Key words: economic security, units of economic security and anti-corruption, information support of operational search activitiespunishment, goals of punishment, minors, criminal law, social justice, education, measure of influence.

 

        Abstract           

 

 

Poryvayeva Polina 

Sergeyevna, 

Prokofyeva

Yelena Vasilyevna

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Issues of Reliability of the Methods of Conducting an Expert Experiment

This article discusses the conditions for conducting an expert experiment and the problems of obtaining reliable information for comparative research, related to the socalled subjective expert opinion. The authors raise the questions about the influence of the conditions of the experiment both on its individual stages and on the final results. The authors also consider the factors affecting the effectiveness of the expert experiment and analyse the characteristic features of the expert’s conclusion within the framework of the trace examination. These features have a significant evidentiary value based on the results of the expert experiment. An assessment of the results of an expert experiment in the framework of a mathematical and statistical approach is presented   

 

 

Key words: expert experiment, trace evidence, particular sign, mathematical and statistical approach, probabilistic and statistical evaluation

 

 

 

 

 

 

Khit Yana

Aleksandrovna,

Tashchiyan Arshak

Andranikovich

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The Nature of Legal Liability for the Use of Doping in Sport

 

   
     Abstract        
  This article touches upon the criminal liability for the use of the substances and (or) methods prohibited for use in sports. The authors consider the generic, specific, and direct objects of this misdeed, give a detailed description of the subject, considers the acts that are part of the objective side, examines the subjective side and the list of the persons who are part of the subject of crimes provided for in Articles 230.1 and 230.2 of the Criminal Code of the Russian Federation. The authors highlight the existing problems in criminal legislation and suggest the possible ways to improve it in this area. Attention is also paid to international aspects, which indicates the transnational nature of the issues of the use of substances and (or) methods prohibited in sports, including the disciplinary responsibility provided for by the World Anti-Doping Code of 2003.
 

 

Key Words: criminal liability, doping, prohibited substances and (or) methods, antidoping policy, improvement of criminal legislation.

 

        Abstract           

 

Trifonova Kristine

Vasakovna, 

Shumilina Anastasiya 

Borisovna

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Legal Regulation of Advertising Activities Abroad 

The article examines the features of legal regulation of advertising activities in foreign countries. The authors consider the basic categories of modern mechanisms of legal regulation of advertising activities in the European Union. Using the example of French and English law, the authors conclude that the national foundations of modern mechanisms for legal regulation of advertising activities in Europe do not necessarily transpose the EU rules because of the prevailing traditions of successful regulation in a number of European countries, including the advertising field   

 

 

Key words: business, advertising, foreign states, national law, international private law, business law.

 

 

 

 

 

Yakovets Yevgeniy 

Nikolayevich

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Some Topical Theoretical and Practical Problems of Operational Search Activities

         Abstract    
  This article discusses the problems of operational search activities that remain either not investigated at all, or need further study. The need to study these problems is determined by changes in the socio-economic life of society, in the structure and dynamics of crime, in the Russian legislation, as well as by the current state of the theory of this activity and many other factors. Special attention is paid to the following issues: methodological problems of operational search activity (language of theory, methods of cognition); the essence of some of the latter (investigative accounting, service dogs); problems of correlating the operational search measures and investigative activities; the compliance of names of investigative activities and their content; the options open to the assistance of citizens in the implementation of operational search activities; problems of operational search tactics to combat computer crime; organizational measures in the course of ensuring information security of subjects of operational search activities; organization of operational search activities under special conditi
 

 

Key words: operational search activities, methodological problems, operational search measures, public participation of citizens, cybercrime, organizational measures.

 

   
Read the issue:
No. 39, May 2020  

читать выпуск:
№ 39, май 2020

Table of Contests                   
                       

 

  Panova Elena

Igorevna, 

Alekhin Vitaliy

Petrovich 

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Criminal-legal problems of theft qualification

   
     Abstract        
  The article deals with the problems of qualifying a crime under article 158 of the Criminal code of the Russian Federation, namely: the problems of determining the subject of theft, distinguishing theft and petty theft, theft with illegal entry into residential premises, theft from Bank accounts or in relation to electronic money. The problems of qualification of theft as a secret theft of someone else’s property are not only theoretical, but also practical, since the correct qualification of the crime depends on the fair sentencing of the guilty. These problems arise due to the fact that practitioners do not correctly apply the theoretical foundations and explanations of the Supreme Court of the Russian Federation. The ways of solving these problems of criminal and legal qualification of theft, by improving the level of qualification of law enforcement agencies and the judiciary, are proposed.
 

 

Key Words: crime, theft, crime qualification, law enforcement agencies, problems of qualification, crimes against property, economic crimes, secret theft of other people’s property, law enforcement practice.

 

        Abstract           

 

Alekhin Vitaliy

Petrovich, 

Petrov Alexander

Dmitrievich

Read the Article: 

Petrov Alexander Dmitrievich

 

The presented scientific work touches upon the current topic of the onset of criminal liability for such a criminal offense as abuse of power, as well as its characteristic aspects. This article describes the most characteristic features of the onset of criminal liability, as well as the appointment of an appropriate sanction that meets the signs of justice, legality and proportionality. In the framework of this study, the author pays special attention to such a structural element of the offense as the subject, as well as the subjective side of the offense provided art. 285 of the Criminal Code, with its inherent specific features used by law enforcement officials in the process of qualifying a criminal offense. In addition, the article considers the problem of the ratio of abuse of power with other elements of the crime, provided for in chapter 30 of the Criminal Code of the Russian Federation. And also the author draws his attention to possible types of qualification of criminal acts of the accused person   

 

 

Key words: criminal liability, abuse of power, civil servant, sanction, public safety

 

 

 

 

 

Victoria Babachenko 

Alekseevna,

Pshidatok Saida

Kazbekovna 

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Dynamics of changes in the land fund of the Republic of Adygea by ownership forms

         Abstract    
  Land is the main resource on which the economic component of the country depends. The land Fund of both the Russian Federation and its subjects is important – it is the main spatial and territorial basis and object of management. It can be subdivided into land categories, ownership forms, and lands. Forms of ownership form the basis and Foundation of the system of social relations, have historical development, and, accordingly, have an impact on the economic component of the country or region. The article analyzes the distribution of the land Fund of the Republic of Adygea by ownership forms based on data taken from the State (national) report on the state and use of land in the Russian Federation for the period from 2005 to 2018. The dynamics of changes in land areas by ownership forms has been studied. The reasons that led to such changes were determined.
 

 

Key words: : land, land Fund, form of ownership, dynamics.

 

        Abstract           

  

 

Bagadenko Mariya 

Olegovna

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License requirements for the management of apartment buildings

This article analyzes the issue of licensing requirements for managing apartment buildings. The problem of the lack of consolidation at the legislative level of the concept of “managing organizations. It is noted that the managing organization is the subject of entrepreneurial activity carried out on the basis of a license for the management of an apartment building, which was chosen by the owners of the premises in the apartment building at a general meeting in order to conclude an agreement for the management of an apartment building. It is proposed to amend Art. 193 of the Housing Code of the Russian Federation, namely, to expand the list of licensing requirements. The introduction of the concept of “managing organization” in the Housing Code of the Russian Federation and the expansion of the list of licensing requirements 193 of the Housing Code of the Russian Federation, will help optimize the process of obtaining and issuing licenses in practice, as well as reduce administrative and legal costs   

 

 

Key words: activity licensing, management organizations, apartment buildings, housing legislation.

 

 

 

 

  

Gavrikov Sergey 

Dmitrievich,

Stelmakh Maxim 

Dmitrievich

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Problems of recognition of land ownership

   
     Abstract        
  This article examined only some of the problems of recognizing land ownership. During the writing of the scientific work, an analysis was made of various legal acts regulating the relevant relations under consideration. Collisions of norms of modern civil law are considered. For a more detailed consideration of all aspects and a detailed disclosure of the topic of our article, we decided to dwell only on problems that are associated with individual problems of recognition of property for certain types of legal relations such as acquisitive prescription. A legal classification is given that characterizes the norms of civil legislation of Russia at the present stage of legislation in the field of land use. Private legislative initiatives have been introduced, which, in our opinion, can significantly improve the legislative framework and simplify the life of law enforcement.
 

 

Key Words: land, recognition problems, property right, current gaps in legislation, conflict of norms.

 

        Abstract           

 

Gerja Danil

Alekseevich, 

Medvedev Sergey 

Sergeevich

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Actual issues of exceeding the limits of necessary defense

 

Crime is always contrary to the security interests of the individual. Personal security is ensured by the provisions of the criminal law. The institution of necessary defense is of great importance in the process of implementing criminal liability. Its application ensures the implementation of the principles of justice and proportionality of the assigned criminal punishment. To date, the application of the legal construction of necessary defense is associated with valuation concepts, which are often the causes of legal conflicts and difficulties in the process of law enforcement. The relevance of this topic is due to the fact that the right to protect one’s rights and interests is an inalienable and inalienable right arising from the right to inviolability of an individual. The right to self-defense is directly related to a person’s rights and freedoms. In this regard, the institution of necessary defense belongs not only to criminal law, but is also included in the provisions of the Constitution of the Russian Federation.   

 

 

Key words: necessary defense, criminal assault, protection of interests, exemption from criminal liability, permissible harm.

 

 

 

 

 

Gnativ Lev

Dmitrievich, 

Kononeko Kirill

Sergeyevich 

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On the need for legislative regulation of ”neighborly law”

         Abstract    
  This article examines the effect of civil law in the field of relations between owners of land, residential buildings and premises adjacent to each other, as well as their users. In 2012, a bill was introduced in the State Duma providing for amendments to the Civil Code. These changes should apply specifically to those subjects of civil relations whose rights and obligations may be changed and terminated due to significant violations by owners of neighboring real estate
 

 

Key words: neighboring law, law, neighbors, legislative changes.

 

        Abstract           

 

Gololobov Yaroslav 

Vladimirovich,

Koftun Nikolay

Pavlovich

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On the issue of interaction between state authorities and local self-government
The article analyzes the content of the concepts of "government bodies "government bodies "local governments". The main features of the interaction between government bodies and local governments are highlighted. The experience of such foreign countries as the USA and Germany in the implementation of such interaction is given. According to the results of the study, the main features of the interaction between state authorities and local self-government in the Russian Federation are highlighted. It is noted that the interaction of state authorities and local self-government is carried out not only at the formal level, following from the content of the rules of law, but also with the situational regulation of emerging legal relations that have not yet found regulatory fixation in the rule of law   

 

 

Key words: public authority, government agency, local government body, interaction.

 

 

 

 

Gololobov Yaroslav 

Vladimirovich,

Koftun Nikolay

Pavlovich

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Constitutional and legal status of the Federal Assembly of the Russian Federation
           Abstract  
  This article analyzes the legal status of the Federal Assembly of the Russian Federation as the highest representative and legislative body of the Russian Federation. The necessity of developing and adopting at the legislative level the federal constitutional law “On the Federal Assembly of the Russian Federation”, the content of which should reflect the legal status of structural units of the Federal Assembly of the Russian Federation, is noted. According to the author, the initiative proposed in the draft Law “On the amendment of the Constitution of the Russian Federation” to the amendment of part 2 of article 95 of the Constitution of the Russian Federation regarding the provisions of paragraph “a” is incorrect. In Art. 95 of the Constitution of the Russian Federation, a reference norm should be established for the federal constitutional law, which will allow regulating the legal status of the Council of the Russian Federation of the Russian Federation depending on socio-economic and political factors and will strengthen the foundations of the constitutional system of the Russian Federation.
 

 

Key words:Federal Assembly of the Russian Federation, Council of the Federation of the Russian Federation, State Duma of the Russian Federation, supreme legislative (representative) body of the Russian Federation.

 

        Abstract           

 

Dobrodomov Nikita

Yurevich,

Zhukov Victor

Dmitrievich

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The need for carrying out integrated cadastral works in municipal education in Anapa

The relevance of this topic is due to the importance of conducting comprehensive cadastral works and coordinating their results, the purpose of which is to streamline information on the state of cadastral registration in certain regions of the Russian Federation.Integrated cadastral works represent the correction of technical and cadastral errors of the past decades.The objectives of the state real estate cadastre are: creating conditions for ensuring state guarantees of property rights and other property rights to real estate; improving the system of taxation of real estate; providing information support to subjects of land and property relations and increasing the efficiency of state and municipal management through the use of legally relevant, relevant information about real estate objects as objects of cadastral registration, their legal status and modes of use   

 

 

Key words: cadastre, integrated work, accounting, object, owner, state, real estate, construction and construction works

 

 

 

 

Druzhinina Dana

Igorevna, 

Kartavchenko Victoria

Vladimirovna

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Hooliganism and vandalism in modern criminal law
           Absract  
  Currently, in view of the progressive development of human society in many countries there is a tendency to toughen punishment for crimes that violate human rights, property and security. Hooliganism and vandalism are types of crimes that may affect all of the three rights we listed. Therefore, there is a need to control so that no individual is subjected to restriction of his legal rights and interests by damage of property, gross insult to the person, as well as violation of public order and moral principles. This article analyzes such crimes as hooliganism and vandalism. It also contains a research about the types of hooliganism and vandalism. Proper identification of circumstances of the case allows you to properly distinguish these and similar crimes apart and also to qualify the act. The most frequent subject of these acts is the young generation, which requires timely educational impact, as well as social and enforcement responses that will help to stop vandalism and hooliganism in the early stages of their commission by young people. Among adult criminals it is necessary to improve the legal culture, as well as to ensure the accessibility of secondary and higher education.
 

 

Key words: hooliganism, vandalism, corpus delicti, crime, qualification of a crime, disrespect for society, desecration of buildings.

 

        Abstract           

 

Ivanova Victoria 

Alexandrovna,

Sennikova Alina 

Evgenievna

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Index analysis of the implementation of crops in Krylovskoye LLC

Analysis of the implementation of crops of Krylovskoye LLC. The article presents a two-factor model. In the course of research, the degree of change in volume and price was revealed. Thus Krylovskoye LLC, in order to increase revenue, needs to focus more on increasing sales of products than increasing prices, since it is the quantity of grain sold that plays a paramount role in increasing the company’s revenue. Such an approach will allow Krylovskoye LLC to increase the amount of cash that can be used to cover costs, grow and sell crops, as well as expand its activities, improve the use of machinery, and use better fertilizers and seeds.   

 

 

Key words: agriculture, index method, revenue, grain crop, statistical-economic model.

 

 

 

 

Ogannisjan Aram 

Colakovich, 

Kazarjan Jeduard

Sergeevich

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Some issues to be addressed the basic problems of industrialization in the agriculture of the Republic of Armenia
           Abstract  
  The article discusses the problems of industrialization in the field of agriculture of the Republic of Armenia and some approaches to their solution using international best practices. It is noted that in view of objective and subjective factors, in agriculture the level of industrialization is low. In particular, the level of mechanization of agricultural production processes is low, as a result of which the proportion of manual labor is high. At an extremely slow pace, such modern (relevant) technologies are being introduced that are prerequisites for increasing agricultural productivity and agricultural industrialization. Industrialization of agriculture, due to the characteristics of agriculture and industrialization itself, is a complex, comprehensive and relatively large investment requiring process. And business entities in agriculture do not have the necessary knowledge and ability to organize this process. Here, first of all, a focused state policy and consulting is needed. The international experience in the industrialization of agriculture is considered in the context of the application of innovations in agriculture, methods aimed at increasing the level of labor productivity, intensification, and application of the possibilities of “smart” agriculture.
 

 

Key Words: industrialization, agriculture, technology, labor productivity, irrigation systems, subsidies, state support.

        Abstract           

   

 Karmanova Anna

Valentinovna,

Karmanova Nadezhda 

Dmitrievna,

Sennikova Alina

Evgenievna  

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Correlation and regression analysis of the cost of production of winter wheat

Currently, modern economic science has changed course from economic growth to the concept of sustainable development. Agricultural producers are facing new tasks and problems that require ensuring food security in Russia, which is reflected in state programs for the development of agriculture for the coming decades. Recently, in Russia, mathematical models are increasingly being used to assess the economic efficiency of using various resources involved in the production process. In the proposed work, the influence of one of the factors, already selected according to the degree of its significance, on the effective sign is studied. Using analysis methods, an assessment is made of the current state of winter wheat grain production using the example of indicators of 30 agricultural enterprises in the central agro-economic zone of the Krasnodar Territory. To do this, we used the method of correlation and regression analysis, which allows us to evaluate the relationship between processes and phenomena. The study was carried out using a linear function, which makes it possible to more clearly interpret the results.   

 

 

Key words: economy, correlation and regression analysis, productivity, grain cost price, winter wheat

 

 

 

 

  

Kondratenko Yuliya

Nikolayevna

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International Trade Fair Activity of Enterprises in Digital Economy

         Abstract    
  Taking part in international exhibitions is one of the main ways for B2B enterprises to find new partners, present their products, and expand export activity. Earlier, enterprises had to possess a combination of sales competence and intercultural competence for effective participation in international trade fairs. But now the efficiency of an international exhibition depends on the ability of both organizers and exhibitors to use modern digital technologies. The purpose of the article is to evaluate the results of using digital innovations in addition to live communication in relation to the previous experience of classic exhibition communication. The article analyzes the exhibition experience of one of the leading industrial enterprises of Sverdlovsk Oblast, Yalamov Ural Optical and Mechanical Plant, from 2007 to 2019 and provides a comparison of international exhibition activity of the plant before and after digitalization.
 

 

Key Words: trade fair, international exhibition, digital economy, intercultural communication.

 

        Abstract           

 

Levchenko Nikolay 

Anatolievich

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Judicial control: controversial issues the application of 125 Code of Criminal Procedure in practice

 

Today, the establishment of the subject and limits of judicial control is gaining practical importance. The application of Article 125 of the Code of Criminal Procedure of the Russian Federation, which regulates the judicial procedure for examining complaints against decisions, actions, and inaction of investigators and interrogators, continues to cause problems in the practice of the courts of the Russian Federation, complaints from citizens about violation of the rights of participants in criminal proceedings by this norm, which requires identification relevant issues of the judicial procedure for handling complaints and determining solutions. It is noted that the resolution of the issue of the complaint should be carried out in accordance with the formal conditions for the dismissal of the case, as well as on the basis of ensuring fairness and effectiveness of justice   

 

 

Key words: court, legality, preliminary investigation, complaint, rights, judicial control.

 

 

 

 

 

 Lyubaykina Mariya 

Vladimirovna

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Realization of intellectual property rights in the aspect of the penitentiary system of the Russian Federation

   
     Abstract        
  The article highlights and analyzes the organizational and legal issues, the implementation of intellectual property rights in the aspect of the penitentiary system of the Russian Federation. The scientific novelty of the existing work is determined by the factor of little research, which is determined in particular by the existence of general ideas about the most common intellectual relations that arise on the territory of various types of correctional institutions, as well as the lack of a conceptual apparatus for the implementation of legal requirements regarding the exclusive rights of persons serving sentences. The actual problematic situation of persons sentenced to imprisonment in terms of legal regulation, the results of intellectual activity created by them in an appropriate environment, is considered. The content of the work includes the conclusions and a number of proposed initiatives to eradicate the problem, aimed in the aggregate at the effectiveness of the implementation of intellectual property rights in the aspect of the domestic penitentiary system
 

 

Key Words: intellectual property, exclusive right, copyright, convicts, correctional institutions, the penitentiary system, corrective measures.

 

        Abstract           

 

 

Mankaeva Svetlana 

Zakharovna,

Zhukov Victor

Dmitrievich

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Dynamics of change of lands of the Krasnodar territory by category of lands

 

Land resources are the main source of effective development of the territory of the Krasnodar Territory. The availability of quality soil resources contributes to the economic development of the region. The composition and structure of the land fund, the division of land by ownership, identifying trends in soil types and determining their quality affect the current state of land use. The total land area of the Russian Federation is 1709.8 million hectares. The country’s agricultural land covers an area of about 210 million hectares, of which about 125 million hectares are allotted for arable land. Krasnodar Territory is a constituent entity of the Russian Federation, which is part of the Southern Federal District. The article presents an analysis of land changes in the Kuban by land categories from 2006 to 2018. The main reasons for the transfer of land from one category to another are also indicated   

 

 

Key words:  land category, land, settlements, industry, transport, water bodies, forests, reserve lands, accounting, dynamics, agricultural.

 

 

 

 

 

Maslak Ilya

Nikolaevich

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About the purposes of application of criminal punishment against minors

         Abstract    
  This article discusses issues related to the problem of determining the purpose of criminal punishment of minors in modern Russian criminal law. Analysis of existing features allows us to trace further research prospects of this problem. The article pays some attention to the features of the application of punishment to minors, including the specification of the purposes of punishment applicable to persons who have committed a crime under the age of 18 years. There is also a study of the opinions of various scholars who have devoted their works to this topic.The author draws attention to the fact that the introduction of coercive educational measures against minors can bring great benefit to the criminal punishment of minors. In Russia, there has been an increase in recorded crimes committed by persons under the age of eighteen
 

 

Key words: punishment, goals of punishment, minors, criminal law, social justice, education, measure of influence.

 

        Abstract           

 

 

Maslak Ilya

Nikolaevich

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Pension provision of state civil servants 

The article discusses some issues of the pension provision of civil servants, as well as the problems associated with it. The author explores legal and social issues related to the regulation of pensions for public servants. Based on the analysis of the current legislation in this area. The author draws attention to the provision of guarantees to state civil servants, which are determined by the specifics of their service, as well as to the presence of two levels in the legal regulation of the service, which, according to the author, is a manifestation of differentiation and leads to differences in pension provision. According to the author, it is necessary to regulate in more detail the financing of the pension provision of state civil servants, the basis for which should be such criteria as length of service and salary (cash maintenance).   

 

 

Key words: pension system, pension, length of service, public servant, public service, insurance pension, pension provision.

 

 

 

 

 

 

Nuridinov Kirill 

Yevgenyevich

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Revenge and the role of non-state pension funds in the Russian pension system

 

   
     Abstract        
  This article discusses and analyzes aspects of establishing the legal status of nonstate pension funds in the legal system of the Russian Federation, as well as determining their place and role in the socio-economic sphere of the country. These funds are the fundamental subject of their activities denote non-state pension provision for participants of such non-profit organizations. Through the implementation of the functions assigned to non-state pension funds, fundamental tasks and goals for the development of the pension policy of the Russian state are achieved. The article highlights the advantages of this pension institution, in connection with which many authors, whose opinions are given below, criticize the organizational activities of these organizations. Modernization and improvement of private pension funds gives impetus to the development and economic and financial arena of the country, as all of civil society are complementary and interrelated, which suggests the importance of active and close cooperation of all state and non-state apparatus.
 

 

Key Words: non-state pension funds, pension system, pension provision.

 

        Abstract           

 

Otyasova Julia

Vyacheslavna,

Melnichenko Olga

Alexandrovna

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Comparative legal analysis of title security of obligations and pledge in Russian law

 

The Title security is an alternative method of real security whereas the lender guarantees the performance of the borrower’s repayment obligation by means of ownership. A pledge is a similar mechanism under Russian law, but instead of the right of ownership, the creditor acquires a special limited real right. The nowadays lending system in the Russian Federation does not perform all of the needs of the civil turnover that is why the main goal of this study was to conduct a comprehensive comparative analysis of the institution of title security and pledge in Russian law, as well as to identify the need for legislative regulation of the institution of title security which could be a solution to this problem. The methodological basis consists of fundamental research methods, such as the method of comparisons, system analysis, synthesis generalization, deduction and induction. Private scientific methods were also used, in particular comparative legal, formal legal methods, etc. As a result of the research the strengths and weaknesses of each institution were identified and the possibility of implementing the Title security into the Russian Civil Law was proven. Due to the fact that in spite of the Title security is different to the pledge in the way of risk allocation, the Civil law allows the establishment of different constructions in terms of risks.   

 

 

Key words: the title security of obligations, security transfer of title, retention of title, methods of securing the obligations, pledge.

 

 

 

 

 

Ryzhkova Ekaterina 

Sergeevna

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Features of the criminal legal qualification of complicity in crimes of a terrorist nature

         Abstract    
  In the framework of the work we have presented, we have examined the current topic of considering the features of qualification of complicity in crimes of a terrorist nature. In this scientific work, special attention is paid to such a criminal legal institution as complicity in the commission of a crime, as well as the definition of the concept of a terrorist act and its main features. The author also analyzes the meaning of qualified features that directly affect the degree of criminal punishment for the commission of any crime.All possible qualification features are listed and the commission of a terrorist act as part of an organized group or a group by preliminary conspiracy is analyzed in more detail. In this article, the author comes to certain conclusions and touches on some legal gaps present in this topic. However, along with this, the article presents copyright proposals to overcome these problems.
 

 

Key words: act of terrorism, complicity, qualification attribute, sanction, crime.

 

        Abstract           

   

Svetacheva Ekaterina 

Evgenievna

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Features of the development of the institution of criminal prosecution in the Soviet period

The article studies the features of the development of the institution of criminal prosecution in the practice and science of the criminal process of the Soviet period. The author has studied in detail the features of the development of the institution of criminal prosecution in the period after the February and October socialist revolutions of the nineteen seventeen, as well as during the initial development of the Soviet state and law in the nineteen twenties. The article reflects the main features and stages of the historical development of the institution of criminal prosecution at the subsequent stages of the existence of the Soviet state and law in the period from the formation of the Soviet state until its collapse. Particular attention is paid to the development of the institution of criminal prosecution in connection with the adoption of the criminal procedure code at each stage of development of Soviet law.   

 

 

Key words: criminal prosecution, criminal justice, code of criminal procedure.

 

 

 

 

  

Tonkonog Evgeny

Evgenyevich,

Shishchenko Elena 

Andreevna

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To the question of the concept and signs of negligence as a form of guilt

   
     Abstract        
  The issue of combating crime has a leading role in the Russian Federation, along with strengthening the security of the State as a whole. At the present stage, measures are being developed in the field of criminal law policy to improve the conditions for the unimpeded development of the individual as well as to improve the quality of life. As a rule, State policy takes into account the solution of outstanding problems. Today, the improvement of criminal legislation and the creation of a holistic system of criminal-legal norms and institutions deserve special relevance. Ensuring human, transport, environmental and other forms of security is a pressing problem of criminallegal regulation. Scientific and technological progress has made it necessary to update the legislative definition of negligence, the perspective of taking into account the content of guilt in the systematization of rules on careless crimes. At present, the problems of classification of crimes committed by negligence are receiving increasing attention. This article is devoted to certain issues of qualification of careless crimes, as well as definition of concept, signs and types of negligence as a form of guilt.
 

 

Key Words criminal law, corpus delicti, form of guilt, negligence.

 

        Abstract           

 

Shcherbakov Alexandr 

Valer’evich

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Persons entitled to challenge the debtor ’s transactions in insolvency (bankruptcy) proceedings of legal entities

The article deals with the question of determining the number of persons authorized to challenge the debtor ’s transactions in insolvency (bankruptcy) proceedings of legal entities. A comparative legal study has been carried out both of the general subjects of contesting transactions and of the special entities entitled to challenge the debtor’s transactions in insolvency (bankruptcy) proceedings of legal entities. The terms of reference of these persons concerning the process of challenging the debtor ’s transaction in insolvency (bankruptcy) proceedings of legal entities have been highlighted. Also, on the basis of the normative and doctrinal classification of invalid transactions, topical problems of judicial arbitration practice in bankruptcy cases, as well as innovations and trends in the development of domestic civilistics were analyzed.   

 

 

Key words: insolvency, bankruptcy, contesting the transaction, invalidity of the transaction, legal entity, subjects of contesting the transaction

 

 

 

 

   
Read the issue:
No. 38, April 2020  

читать выпуск:
№ 38, апрель 2020

Table of Contests                   
                       

Abadzhyan Manushak

Araratovna,

Sennikova Alina

Evgenievna 

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Analysis of the cost of production of the organization «L&K COMPANY»

   
     Abstract        
  The article presents an analysis of the cost of production of children’s clothing of the organization "L&K company". The main elements of production costs and its structure are considered in the form of a table that includes various indicators of the company studied from 2016-2018. In this regard, a General analysis of the data and the main factors affecting the cost structure are given. The article also analyzes the efficiency of the use of fixed assets, which takes into account such important indicators as the cost of fixed assets, output, capital return and depreciation. Reserves for reducing production costs are determined, which is the most important factor in the development of the economy of an economic entity and the basis for measuring income and expenses.
 

 

Key Words: cost price, organization, costs, expenses, production.

 

        Abstract           

Alekhin Vitaliy 

Petrovich, 

Melnik Natalya

Aleksandrovna

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Features of the criminal law regulation of drug trafficking carried out using the Internet

 

The presented scientific work presents a fairly relevant topic today in the turnover of narcotic drugs and other psychotropic substances through the use of the information and telecommunication network Internet. The authors analyze foreign and domestic regulatory acts that define the concept of drug trafficking, as well as related concepts. It is noted that drug trafficking carried out through the use of the Internet poses a threat of cumulative damage to public relations, as well as an increase in the criminality of the information space of the Internet. The authors come to the conclusion that modern criminal law needs some refinement and suggest making the necessary amendments to the text of the criminal law   

 

 

Key words: Illicit trafficking in narcotic drugs, psychotropic substances, information and telecommunications network Internet.

 

 

 

 

Bogdasarova Alina

Artemovna 

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Some legal aspects of parental responsibility for the upbringing and development of their childrenl

         Abstract    
  One of the most problematic and incompletely resolved issues of family law is the achievement of subjective equality of participants in family relations, including the exercise of the right of parents to raise and communicate with a child. The article discusses some legal aspects of parental responsibility for the upbringing and development of their children. It is noted that the methods of raising a minor must exclude neglect, cruel, rude, degrading treatment, insulting or exploitation of children. To protect the rights of minors, the legislator defines the basic concepts and norms on which the regulatory framework is based, both at the federal and regional levels. The paper indicates the main types of liability applicable in the Russian Federation
 

 

Key words: : parenting, responsibility, improper implementation, minors, child, abuse.

 

        Abstract           

Budnikova Anastasia 

Borisovna 

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Proof of the state of insanity in cases of administrative offensesmicrolend agreement in the Russian Federation: questions of theory and practice in the conditions of modern time

The article explores ways of proving insanity in the conduct of proceedings on administrative offenses. Based on the analysis of judicial practice, a systematization of the methods of proof is made. When considering certain methods of proof, taking into account the current legislation, a conclusion is drawn on the validity of their use in administrative cases.   

 

 

Key words: insanity, proving, evidence, administrative proceedings.

 

 

 

 

Vasilevskaya Irina

Dmitrievna

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Features of state forest pathological monitoring in forests located on the lands of the forest fund of the Russian Federation, and its necessity

   
     Abstract        
  This article discusses the features of state forest pathological monitoring in forests located on the lands of the forest fund. Since land relations have always been the focus of public attention, state forest pathological monitoring continues to be an urgent measure for the conservation and reproduction of forests, both for the ecology and for the country’s economy. It is noted that state forest pathological monitoring is characterized by an integrated system of observations of the sanitary and forest pathological state of forests and the processes and phenomena occurring in them, as well as analysis, assessment and forecast of changes in the sanitary and forest pathological state of forests. Its necessity is explained by the fact that the further use and purpose of the forest fund lands depends on the quality of state forest pathological monitoring. According to the author, the provisions of forest legislation on state forest pathological monitoring should be supplemented with a condition on the planning of sanitary and recreational measures and on the localization and elimination of foci of harmful organisms, as well as a norm on informing participants of forest relations about dangerous events that contribute to the negative impact on forest life
 

 

Key Words: forest pathological monitoring, forest pathological threat, sanitary measures, forest relations.

 

        Abstract           

Vasilevskaya Irina

Dmitrievna

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The main problems and prospects for the development of legislation regarding the establishment of easements in relation to land in the Russian Federation

 

This article discusses the main problems and prospects for the development of land legislation in terms of establishing easement in relation to land in the Russian Federation. With the adoption of the Constitution of the Russian Federation, various forms of ownership were legalized, including land. This caused various changes in land legislation that predetermined the emergence of new land relations in the Russian Federation. These legal relationships are diverse, various land users interact in their framework, which were not in Soviet times. This interaction must be properly regulated to avoid collisions. Largescale changes in land legislation, which entered into force on March 1, 2015, contributed to the spread of the practice of applying easements. Despite the fact that easements, including land, appeared in Roman law, this issue is relevant in modern society. It is the issues of establishing easement that are an integral part of land relations, which, in turn, are in the focus of public attention.   

 

 

Key words: : land legislation, land relations, land code, powers of the constituent entities of the Russian Federation, land easement.

 

 

 

 

Vasilevskaya Irina

Dmitrievna

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Features of legal regulation of specially protected natural territories in the Russian Federation

         Abstract    
  This article discusses the features of regulation of the development of specially protected natural territories in the Russian Federation. In view of the increase in anthropogenic impact on the environment, specially protected natural territories belonging to objects of the national heritage and contributing to the development and conservation of natural landscapes and green areas, flora and fauna, as well as the development of ecological and educational work, are becoming relevant. The socioeconomic development of the country depends on the quality legal regulation of the lands of specially protected territories. It is noted that the legal regulation of specially protected natural territories is carried out not only at the federal, but also at the regional level. At the same time, regional legislation, unlike federal one, is subject to constant changes, and its content forms certain legal conflicts and gaps, thereby creating a number of litigations and complicating the application of law. According to the author, for the most effective development of environmental legislation, it is necessary to develop a regulatory act regulating the regime of special protection of land plots included in the borders of national parks without withdrawal from economic operation
 

 

Key words: land legislation, land relations, land code, specially protected natural territories.

 

        Abstract           

 

Gavrik Anastasiya 

Yevgenyevna

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Legal analysis of the status of information intermediaries
In this article, the author examines and analyzes the position of the information intermediary in Russia. Modern problems of legal regulation of relations with their participation are defined. Because in the conditions of rapid development of information technologies, there is an objective need to regulate the legal status of the information intermediary. After all, with the emergence of a new subject of law, there was a need to develop effective and relevant legal instruments designed to protect exclusive rights, as well as to detail the legislation governing legal relations in the intellectual sphere. Civil law has yet to determine the legal nature of this phenomenon, but its legal status is already of paramount importance for law enforcement practice.   

 

 

Key words: information intermediary, internet, service, information

 

 

 

 

 Gromova Maria 

Fedorovna

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The rights of minor citizens to their parents’ living quarters after their divorce
           Abstract  
  This article analyzes the provisions of the current legislation, analyzes the provisions of civil, housing and family law. The concept of housing rights of minors as a separate category of persons under the age of majority who have specific regulation of their housing rights, in particular, their parents, is given. The problem of regulating the housing rights of children left with one of the parents by a court decision or an agreement between spouses due to divorce between parents is considered. Also, the issue of what type of living space a minor child and a former member of the owner’s family with whom the child is left can be considered. Is the owner of the dwelling obligated to provide them with his own or other suitable dwelling
 

 

Key words:minor, housing rights, landlord.t.

 

        Abstract           

 

Dolgova Anna

Alexandrovna

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Comparative analysis of economic indicators of the largest manufacturers of smartphones Apple and Samsung

The article provides a comparative economic analysis of the largest manufacturers of smartphones Apple and Samsung. A general description of these corporations is given, their market segments and smartphone market shares are determined. A comparative analysis of the most important results of the company’s activities: revenue from sales, net profit and sales of smartphones, a net profitability of company sales. It was revealed that Apple is more profitable, although Samsung is the leader in sales in the smartphone market. Apple’s net sales margin is also higher than that of Samsung. Possible reasons for this are identified. Recommendations are offered to increase the efficiency of commercial activities for both companies and expand their sales markets.   

 

 

Key words: smartphone, multinational corporation, profit, competition, market share

 

 

 

 

Donskova Lyudmila 

Aleksandrovna,

Fedorova Tamara

Dmitrievna

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Agricultural terminology: some ways of forming terms and their polysemy
           Absract  
  The article is devoted to the problem of agricultural terminology and its application in professional activities. Such concepts as the "term"and replenishment of the terminological structure of the language are considered. There were described the processes by which the terminological replenishment of agronomic terms occurs and examples are given. The problem of multiple meanings of words, their dependence on the context and the complexity of translation are touched upon. There are conflicting opinions of scientists who share the concepts of "polysemy"and expressing the opinion on the equivalence of terms. Examples of multiple meanings of lexical units that have distinctive features in their functioning are given. In addition to the methods of word formation analyzed in the article, there are many other methods, so researches on the polysemy of agricultural terminology and its translation remains relevant.
 

 

Key words: term, formation of terms, agriculture, replenishment of terms, word polysemy.

 

        Abstract           

 

Zamureyev Anatoliy 

Sergeyevich

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Actual problems in the field of state control of foreign investment in strategic sectors of the economy

It is difficult to imagine modern market relations without such an important component as investment activity. Investment activity is inherently associated with investing capital in various sectors of the economy. The most common way of investing is the acquisition of shares in the authorized capital of the managing company. Acquired shares allow you to receive dividends, as well as manage, having the right to vote at a general meeting of shareholders. In many states, including the Russian Federation, for investors with citizenship of a foreign state, investment legislation provides for special regimes, as well as additional, enhanced control measures. Such measures are caused by the need to prevent and prevent negative consequences if a foreign investor conducts his business in bad faith, to the detriment of particularly sensitive sectors of the economy of a foreign state. Thus, the issues of monitoring foreign investors for a long time have been the subject of research not only by scientists of the Russian Federation, but also by scientists of foreign countries.   

 

 

Key words: investor, investment, control, transaction approval, strategic importance, business company, antitrust authority

 

 

 

 

Zamureyev Anatoliy 

Sergeyevich

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Civil regulation of investment activity in socially significant sectors of the economy
           Abstract  
  The implementation of investment activity is a relatively new form of participation of entities engaged in economic activity in the economic turnover. Previously, the administrative-planned economy operating in the Soviet Union implied the presence of the sole owner of all means of production - the state, so the entire production cycle was closed to the state. The state itself was the sole investor and beneficiary. This determined the state of the current situation in the sphere of investing in socially significant sectors of the economy, as well as the content of the legal regulation of this activity in the Russian Federation. Currently, the state of socially significant sectors of the economy is the main criterion that expresses the level of well-being of society. Improving the situation in socially significant sectors of the economy depends on the possibility of investing in these areas of the economy, as well as the creation of certain conditions for assistance and support at the legislative level. Within the framework of this article, the main problems and pressing issues of investing in socially significant sectors of the economy will be considered.
 

 

Key Words: investment, state, legal regulation, protection of rights, investment climate

        Abstract           

   

 Ivanenko Igor

Nikolayevich, 

Fedorenko Praskov’ya

Mihajlovna  

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Administrative and legal regulation of illegal migration in the Russian Federation

In this article, the authors consider the features of administrative regulation of illegal migration in Russia. Illegal migration is presented in the form of a dangerous socioeconomic phenomenon that negatively affects the demographic situation, the criminal situation and social life in the state, as well as contributes to the violation or infringement of human rights. State measures aimed at combating illegal migration are considered. The special role of administrative responsibility measures in the regulation of public relations related to illegal migration is noted. According to the authors, at the legislative level, it is necessary to consolidate the mechanism for implementing the Concept of State Migration Policy of the Russian Federation, develop an appropriate federal target program, determine funding and secure the responsibility of the relevant ministries and departments, federal subjects and municipalities   

 

 

Key words: migration, customs border, foreign citizen, illegal migration

 

 

 

 

  

Ilyashenko Ekaterina 

Alekseevna, 

Mustafin Rafael

Fayilievich, 

Mustafina Svetlana

Anatolyevna

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Admissibility of electronic documents as evidence in administrative proceedings

         Abstract    
  The article analyzes the norms of administrative - procedural legislation devoted to an electronic document. The issues of the admissibility of electronic evidence based on judicial practice are examined in detail. The analysis of various approaches to determining the place of electronic documents in the system of evidence in administrative cases
 

 

Key Words: administrative proceedings, evidence, written evidence, electronic document, electronic evidence, electronic signature.

 

        Abstract           

 

 Maryin Evgeny 

Vladimirovich

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On the issue of privileges when collecting land tax from religious organizations

 

In this article, the author analyzes in detail certain economic and managerial aspects of establishing benefits in the administration of land tax, shows negative trends in regulation. land tax is a significant means of replenishing the local budget and contributes to the development of municipal territories, ensuring the financial stability of both environmental and social local systems. However, the establishment of land tax benefits for certain categories of legal entities is not always justified. Tax exemption usually refers to a statutory exception to the general rule. So, in the Tax Code of the Russian Federation, privileges are established for non-profit religious organizations. As a result of the study, it was concluded that in the legislation of the Russian Federation it is necessary to more clearly define the parameters of their own religious activities and charity.   

 

 

Key words: land tax, non-profit organizations, tax benefits valuation methods, cadastral value of land.

 

 

 

 

Kupriyanova Anna 

Sergeevna

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Foreign economic component in the development strategy of the Russian passenger car industry

   
     Abstract        
  The development of Russian car production in modern conditions is a strategically important area of domestic industry. This industry is an important item of state budget revenues and provides jobs for workers in the automotive industry and related industries. At present, the domestic automobile industry is undergoing a crisis period, which was caused by various circumstances, including a significant economic downturn throughout the world. The problems of the automobile industry in Russia are associated with the low competitiveness of domestic cars in comparison with Asian and European ones. Nevertheless, the Russian automotive market is far from saturated and has significant potential. It is necessary to develop a strategy for domestic cars to enter the foreign market and attract foreign investors in the Russian automotive industry.
 

 

Key Words: economy, automotive industry, automobiles, sales, export, investments.

 

        Abstract           

 

 

Leonova Ekaterina 

Nikolaevna

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Administrative liability for tax offenses: current issues

 

In the framework of this work, contemporary problems that exist in the system of administrative responsibility for tax offenses are considered. It is noted that modern administrative and tax legislation does not contain a legal definition of “qualification of tax offenses”, which is an omission on the part of the legislator. The work focuses on the study of the opinions of other authors, on the basis of which the authors form their own vision of the state of the legal institution under consideration. It is concluded that the qualification of a tax offense should be understood as the activity of establishing the identity between the signs of the actually committed act and the signs of the offense carried out by the authorized bodies in order to legalize the legal assessment of the committed act in the procedural document.   

 

 

Key words:  administrative liability, administrative offense, administrative misconduct, tax legislation.

 

 

 

 

 

Palansky Anton 

Vladimirovich

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To the question of legal value and relationship of the terms and conditions of the power supply agreement

         Abstract    
  In the article, the author studies the legal value and the ratio of the terms of the energy supply agreement. An energy supply agreement is a civil law relationship between an organization and a subscriber arising in the field of energy supply through a connected network. The value of this agreement should not be underestimated, since energy transfer to the subscriber should be implemented in accordance with safety procedures. Moreover, the efficient use of energy resources and the potential of the energy sector is the main goal of the energy policy of the Russian Federation. At the same time, there is a problem of legal perception and classification of the energy supply agreement. It is noted that a legal gap in the structure of contractual relations for the supply of energy to legal entities has gained significant practical and theoretical significance. According to the author, it is necessary to consolidate the subscriber’s obligation to transfer energy to sub-subscribers in the new rules for the use of electric and thermal energy
 

 

Key words: energy supply agreement, content of the energy supply agreement, conditions of the energy supply agreement, essential condition of the energy supply agreement, the usual condition of the energy supply agreement, the random condition of the energy supply agreement.

 

        Abstract           

 

 

Silka Naira

Omarovna 

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The Russian establishing and operational practice of special economic zones 

Currently, special (free) economic zones are a promising tool for introducing national economies into the world economic space. Due to the wide opportunities for attracting investment, enhancing international trade and attractive preferential policies for residents, these zones have become widely distributed around the world, including Russia. In Russia, such territories are one of the large-scale Federal projects aimed at developing the economy of the country’s regions by attracting investment in priority economic activities. The paper considers the preferential treatment of business activities in the territory of special economic zones in key areas for business, analyzes the results of the functioning of residents of the zones, and also identifies the problems of development of special economic zones in Russia.   

 

 

Key words: special economic zone, investment, investment climate, special business regime.

 

 

 

 

 

 

Simonyan Kristina 

Aleksandrovna

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Some problems of legal regulation of types of public service in the Russian Federation

 

   
     Abstract        
  This article discusses the main problems of legal regulation of public service in the Russian Federation. It is noted that the main goal of improving the civil service institution is to increase public confidence in the state apparatus of power, which is caused by the improvement of anti-corruption methods, the development of spiritual and moral qualities and the stimulation of the professional activities of civil servants, as well as the increase of their competence and professionalism. According to the author, the public service in Russia needs constant improvement. In this regard, the urgent task is to develop theoretical provisions and prepare practical recommendations for their implementation at the level of proposals in legislative and other regulatory legal acts of the Russian Federation in the field of public service. In addition, due to the incompleteness of the process of formation of a single federal governing body for public service, there is a need to create independent bodies for managing types of public service in Russia.
 

 

Key Words: public service, public servant, problems of the public service institute

 

        Abstract           

 

Fisyun Andrey 

Viktorovich

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Punishment and its objectives in criminal law

 

This work is devoted to punishment and its purposes in criminal law. In the article, the author identifies, first of all, punishment as a criminal - legal category, as well as signs of punishment. The article discusses in detail the goals of punishment, their nature, legal nature, effectiveness or inefficiency of application. Considerable attention is devoted to the problems of the practical implementation of certain goals of punishment. Indeed, it is from the full implementation of the goals of punishment that the number of recurring criminals is reduced and, as a result, the safety of citizens from criminal attacks is ensured. The author concludes that punishment is a truly unique component of criminal law, because punishment can be simultaneously considered as a measure of state coercion and as a guarantee of public safety for citizens of a particular state.   

 

 

Key words: punishment, justice, correction

 

 

 

 

 

Shevchenko Alexander 

Andreevich

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Employee review from holiday

         Abstract    
  The article discusses issues related to the problem of employee recall from vacation arising in practice. The author analyzes the judicial practice on the application of Art. 125 of the Labor Code of the Russian Federation and concludes that it is necessary to improve the existing labor legislation. In particular, the author draws attention to the absence of an indication of the form in which the employee must express his consent to the withdrawal from vacation. Also, the issue of payment of compensation for the employee’s travel to the place of work when recalling it from vacation has not been legally regulated.
 

 

Key words:  labor, vacation, recall from vacation, employee, employer, vacation, court, compensation.

 

        Abstract           

   

Usenko Anatoliy 

Sergeyevich

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Forensic characteristics of the identity of the offender committing illegal participation in entrepreneurial activity

To build a private methodology for investigating illegal participation in entrepreneurial activity, it is necessary to study the identity of the official who is illegally involved in entrepreneurial activity and the agent who contributes to the commission of this crime. In this article, the author examines the service and functional properties of an official and a proxy that contribute to the commission of a crime. It is noted that when collecting data characterizing an official, one should determine the nature of his official activities, his business qualities, the violations he has committed, his incentives and penalties. This information can be obtained from the materials of the personal file, official documents, as well as the testimony of his colleagues, including the bosses. The motives for the illegal participation of an official and a trustee in entrepreneurial activity are characterized by a selfish or other personal interest, the desire through certain illegal actions to obtain certain benefits for themselves.   

 

 

Key words: official, trustee, entrepreneurial activity, controlled organization, corruption

 

 

 

 

  

Usenko Anatoliy 

Sergeyevich

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Some forensic aspects of the appointment of a phonoscopic examination in the disclosure and investigation of illegal participation in business

   
     Abstract        
  The complexity of the investigation of illegal participation in entrepreneurial activity is caused by the lack of evidence at the initial stage of the investigation. The main reason for initiating a criminal case under art. 289 of the Criminal Code of the Russian Federation are the results of operational investigative measures. As part of the operational-search measures, operational-technical measures are carried out and forensic information is recorded on audio recording files (phonogram). In order to give evidence to the contents of the file, it is necessary to attach it to the materials of the criminal case as evidence. It is noted that when assigning a multivariate examination where it is necessary to identify two or more persons (an official and a controlled person, an official and an employee of a controlled organization), the investigator must make a separate decision for each person. The recommendations presented by the author in the disclosure and investigation of illegal participation in entrepreneurial activity will avoid possible errors in the appointment of a phonoscopic examination.
 

 

Key Words phonoscopic examination, complex examination, multi-object examination, official, benefits, advantages, patronage, audio recording, phonogram

 

        Abstract           

 

Fruslov Danil

Gennadyevich

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Comparative analysis of family law and civil law regulation of spouses’ property relations in the course of corporate activities

In this article, the author conducts a comparative analysis of the family and civil law regulation of property relations of spouses in the course of the activities of a corporate organization. It is noted that the correct definition of the content of the family legal relationship will allow to determine the range of norms contained in civil and family law. According to the author, special attention should be paid to the share as a variety of jointly acquired property and the valuation category of an asset and liability of a legal entity. Possession of a share in a legal entity gives its owner the right to corporate participation and management, receive dividends (income), part of the property after the liquidation of the legal entity.   

 

 

Key words: property relations, marriage, corporate organization

 

 

 

 

   
Read the issue:
No. 37, March 2020  

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№ 37, март 2020

Table of Contests                   
                       

 

  Abadzhyan Manushak

Araratovna

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Overview of the demographic situation in Russia. Population and statistical data analysis

   
     Abstract        
  The article gives a General analysis of the demographic situation in the Russian Federation for several years, indicates the number of population of the country, including urban and rural. Also, the calculation of the formulas for finding the total fertility rate and mortality from the data of the table for these criteria. The influence of migration components on demographic dynamics is described, the General result of population migration for 2012 – 2018 is given, where the number of arrivals to the territory of the Russian Federation and departures from it is indicated. For the most vivid representation of the migration situation in the country, a circular diagram of the structure of migration inflow is shown.The forecast on the development of the demographic situation in the low, medium and high variants until 2035 is given, and the possibilities of reducing the negative demographic trend are considered.
 

 

Key Words: population, migration growth, birth rate, mortality, natural population growth.

 

        Abstract           

 

Arzhakova Elena

Aleksandrovna,

Karamysheva Svetlana

Gennad’evna

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The structure and specific features of middle class in Russia

 

The problem of identification of the "middle class"designation criteria in modern Russian conditionsseems to be very relevant. In this article, the authors consider the problem of stratification of Russian society, determining the boundaries of the middle class. The authors of the article describe the main approaches, primary and secondary designation criteria and specific characteristics of classifying citizens as middle class. The article also mentions the main risks of losing your middle-class lifestyle. The stratification of Russian society has undergone significant changes due to the structural market transformations carried out in the country in recent decades. The current middle class plays a stabilizing role, leads to modernization transformations and expresses the interests of representatives of the majority of Russian citizens. Particularly, special attention is drawn to various recommendations and measures to achieve the level of developed European countries and solve the problem of middle class formation.   

 

 

Key words: social stratification, middle class, self-identification, financial health, professional qualification, social status.

 

 

 

 

 

Batalov Dmitrij

Aleksandrovich  

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Means of legal protection in case of violation of the agreement of international purchase of goods

         Abstract    
  In the international trade practice, the contract of international purchase and sales of goods plays an important role. International acts contain progressive approaches to regulating the legal protection of the parties in violation of the contract of the international purchase and sales of goods. Freedom of choice of legal protection remedies provided to the parties is a characteristic feature of the considered international legal acts in relation to non-performance or improper performance of contracts of the international purchase and sale of goods. The Russian Federation participation in the World Trade Organization involves stiffening the requirements for the quality of national legal regulation on this issue.It should be noted the inconsequently of Russian judicial practice, due to the lack of experience in the application of domestic courts of international law, as well as the lack of clear marks from the higher courts. In this regard, issues of contractual obligations violation and legal protection of the injured party in the case of such a violation become extremely relevant.
 

 

Key words: international contract, contract of the international purchase and sale of goods, legal protection remedies, losses, interests, forfeit.

        Abstract           

  

 

Vashchenko Maxim 

Konstantinovich,

Shulga Andrey

Vladimirovich  

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Exceeding the limits of necessary defense: to the problem statement

In this article the institute of necessary defense in criminal law of the Russian Federation is considered. Desire of the persons which were attacked to protect the legitimate rights and freedoms by own efforts is the reason of introduction of this institute. Legislatively the right for necessary defense is affirmed in Article 37 of the Criminal code Russian Federations, however for more concrete use of standards of this article the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27. 09. 2012 N 19 was accepted. At the same time some situations remain disputable and unresolved that causes need of addition and change of this institute. In turn, a number of scientists already put forward the ideas on completion of the right for necessary defense both in the Criminal Code of the Russian Federation, and in the Resolution of the Plenum of the Supreme Court of the Russian Federation.   

 

 

Key words: necessary defense, law enforcement, criminal liability

 

 

 

 

  

Hordiyenko Alina 

Aleksandrovna

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Interstate regulation of obligations from ungrounded enrichment in international private law

   
     Abstract        
  In the case when relations from ungrounded enrichment do not fit into the framework of one state, they acquire a cross-border character. As a result, a problem arises with the choice of the applicable law.Federal Law dated 30.09.2013 No. 260-FL introduced changes to Section VI International Private Law of the Civil Code of the Russian Federation that also affected the interstate regulation of non-contractual obligations, including obligations arising from ungrounded enrichment.The legislator, making changes to the Civil Code of the Russian Federation, used international standards reflected in the Directives of the European Union, as well as in national modern codifications of private international law. Particularly, section VI was included provision provided an autonomy of the will of the parties to the obligation arising from ungrounded enrichment.However, a number of issues related to the interstate regulation of obligations from ungrounded enrichment in the Civil Code of the Russian Federation have not been resolved.For example, in the Civil Code of the Russian Federation the concept of statute of obligations from ungrounded enrichment is not disclosed, its application area is not defined.The doctrine does not pay attention to such an important issue as the problem of qualifying interstate relations from ungrounded enrichment.
 

 

Key Words:international contract, interstate regulation, ungrounded enrichment, statute of obligations from ungrounded enrichment, law of closest connection, qualification, autonomy of the parties’ will.

 

        Abstract           

 

Kolesnikov Vadim 

Vasilievich

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Comparative analysis of contract clauses in Roman-German and Anglo-Saxon legal families

 

Due to historical features, the contract law of the Anglo-Saxon legal family was not based on codification, in contrast to the legal systems of the Roman-German legal family. Accordingly, the legal nature of the contract will be revealed in different ways. In conclusion, it is concluded that the contract in the Roman-German legal family is considered as a document of a regulatory nature, which is concluded through contractual freedom between two or more parties (private law entities), pursuing a specific goal that forms the subject and content of the contract. In contract law of the Anglo-Saxon legal family, a treaty is understood as a source of law. The contract is more specific in terms of the precedent that has formed in practice.   

 

 

Key words: contract, romance-Germanic legal family, Anglo-Saxon legal family

 

 

 

 

 

Nasibulina Аnastasia 

Sergeevna

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The development strategy of the Baikal region: environmental efficiency as the main criterion

         Abstract    
  The key point in the development of modern society is still consumer values, the essence of which is the maximum possible satisfaction of material needs, which leads to unlimited production growth and, accordingly, an increase in the anthropogenic load on the natural environment. Strategic planning for sustainable development involves a reorientation of value priorities in socio-economic relations. Regional sustainable development strategies act as focal points for integrating environmental issues into decision-making. The article considers the concept of "environmental efficiency"as the main criterion in developing a development strategy for the Baikal region. Environmental efficiency is a management philosophy that encourages the search for economic solutions that contribute to improving the environmental situation. The concept of environmental efficiency allows states and businesses to become more environmentally responsible, which contributes to the transition to sustainable development
 

 

Key words: sustainable development, environmental crisis, Baikal region, sustainable development strategy, environmental efficiency

 

        Abstract           

  

Pen’kov Maxim 

Vladimirovich

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On the issue of food Russian security
At present, ensuring food security is one of the most important program goals of each country and each state. In the context of constantly emerging new world crises, against the backdrop of an unstable political and economic situation on the world stage, each state, and each country, is obliged to provide its population not only with food resources, but also with a quality of life. Russia is a country that is constantly attacked by Western states, and it must adhere to the policy of import substitution and fully provide its producers with all the necessary resources and quality working conditions to ensure their independence and national security. This article will determine not only the relevance of the urgent issue, but also analyze the doctrine of food security in Russia until 2020, which determines the food security of Russia at the present stage of development, will also propose measures that rehabilitate the most lagging components that determine food security   

 

 

Key words: food security, national security, independence, import substitution, state, doctrine, domestic producers.

 

 

 

 

 Usenko Anatoliy 

Sergeyevich

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Generalized data on the situation of illegal participation in entrepreneurial activity
           Abstract  
  Knowing the specifics of the activities of state and municipal bodies, having the necessary powers and knowledge, an official, contrary to the prohibition of entrepreneurial activity established by law, provides protection in relation to a controlled legal entity. In view of which, the necessary element of the criminalistic characteristics of illegal participation in entrepreneurial activity is the situation of the crime. The most significant elements of the situation for the investigation are the place, time of the commission, and also the official environment. Since this crime can be committed by an official both personally and with the involvement of a proxy, it is necessary to subdivide the scene of the crime, taking into account the stages of preparation, commission and concealment of the crime. According to the author, the official environment and the vesting of an official with state-power authority contributes to the commission of illegal participation in entrepreneurial activity
 

 

Key words: crime situation, forensic characteristics, official, entrepreneurial activity, patronage.

 

        Abstract           

 

Shevchenko Anna 

Aleksandrovna

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Increase energy efficiency of apartment buildings

increasing the energy efficiency of apartment buildings contributes to the reduction of the energy intensity of the domestic economy, as well as the human impact on the environment. Despite the development of legal regulation in the field of energy efficiency, the number of litigations is increasing. The most common type of dispute is a disagreement in connection with accounting for energy resources, installation, malfunctioning of common house metering devices and arrears arising from them for payment of a bill for energy resources, as well as their theft. It is noted that the measures on state stimulation fixed at the federal and regional levels are insufficient and need further regulation. According to the author, in order to resolve the problems in the energy sector regarding the accounting and consumption of energy resources, it seems necessary to form a coherent automation system for managing energy resources   

 

 

Key words: energy efficiency, apartment building, resource, meter, energy consumption.

 

 

 

 

Shevchenko Anna 

Aleksandrovna

 

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Some aspects of civil regulation of an energy supply agreement
           Absract  
  The electricity supply contract regulates the production, transmission and consumption of energy resources, as well as energy. This agreement is central to the system of agreements concluded in the field of energy. It is noted that the subject of the energy supply agreement is not a thing, but transmitted energy, which does not have a material effect. A distinctive feature of the energy supply agreement from the sales contract is the specificity of its subject, as well as performance. The activity of the energy supply organization is the result of the performance of its public function. The energy supply agreement differs from the purchase and sale agreement in its structure and is of a continuing nature, which is why it must be interpreted not only on the basis of an intra-contractual system, but also of an external contractual nature
 

 

Key words:energy, power supply, subscriber power supply contract, power supply organization.

 

        Abstract           

 

Usenko Anatoliy 

Sergeyevich

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Methods of preparation for committing illegal participation in entrepreneurial activity

Having a negative impact on public legal consciousness, the participation of an official in entrepreneurial activity undermines the trust of the majority of citizens of the Russian Federation in government and administration, damages state power, the interests of public service and service in local government. Illegal participation in entrepreneurial activity is latent, lasting, in order to identify, prevent, suppress, and also build a private investigation technique, you need to know how to prepare this crime. The author analyzes the actions performed by an official and a proxy to establish a controlled organization in the form of creation and reorganization. Knowing the ways of preparing illegal participation in entrepreneurial activity provides the opportunity to put forward general and private versions, contribute to the proper planning of the investigation, the conduct of a targeted search for the material consequences of the crime, the identification of the offender, the correct qualification of the criminal act, the investigation of all circumstances to be proved   

 

 

Key words: forensic characteristics, official, entrepreneurial activity, controlled organization.

 

 

 

 

   
Read the issue:
No. 36, February 2020  

читать выпуск:
№ 36, февраль 2020

Table of Contests                   
                       

 

  Andreasyan Angelina

Vrezhevna,

Gonchar Ksenia

Aleksandrovna,

Isakova Natalya

Vladimirovna

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The value of ecological education of preschoolers in the cognitive process

   
     Abstract        
  This article raises issues related to the need and importance of introducing environmental education into the system of preschool education, raising the general environmental culture of society, and developing a nature-oriented perception of the world around us. It also discusses the main points regarding the characteristics of the mental and intellectual development of preschoolers and indicates the paths that are most successful in terms of the development of children’s ethical perception of nature. The article shows how dangerous the attitudes that “knowledge is power”, “nature is a storeroom”, “nature is a workshop”, etc. can turn out to be dangerous. for fragile childhood consciousness. In addition, the connection between the low level of ecological culture of present-day society and the emergence of modern problems such as: climate warming, destruction of the ozone layer, depletion of natural resources, and a decrease in biodiversity is revealed, which once again emphasizes the importance of environmental education, the initial stage of which is environmental upbringing. The development of environmental education in different parts of the world is considered. The advantages of environmental education in the framework of preschool educational activities.
 

 

Key Words: environmental upbringing, early childhood education, environmental values, environmental culture

 

        Abstract           

 

Arkhireeva Anastasia 

Sergeevna,

Edidzhi Farida

Azamatovna

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Problems of development of financial control

 

In this scientific work, an analysis of financial control. The most relevant theoretical and practical aspects are noted that require legal regulation in the field of financial control and an author’s proposal is made to create a unified system. The author analyzes the problems of the lack of a unified regulatory legal act and an ordered system of sources in the field of financial control, a unified, clear and stable system of financial control, emphasizes the need to create a single concept of financial control. According to the author, the absence of a legislative framework for financial control indicates the need to streamline all sources of financial legal relations in order to systematize all regulatory legal acts, which will allow for the efficient settlement of financial control legal relations   

 

 

Key words: budgetary legal relations; on the financial control; financial control.

 

 

 

 

 

Ligidova Sanita 

Aslanovna,

Mustafin Rafael

Fayilievich,

Mustafina Svetlana 

Anatolyevna  

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Problems and prospects for the development of the world trade organization as a subject of private international law in the light of the trade war between China and the United States

         Abstract    
  This article provides a substantive analysis of the current state of the WTO in the light of the trade and economic conflict between the People’s Republic of China and the United States of America, highlights the main problems and conflict points, provides possible options for resolving the crisis and the development prospects of this institution.
 

 

Key words: World Trade Organization, People’s Republic of China (PRC), private shock law, Arbitration court, trade war.

 

        Abstract           

 

Makhosh Yuri 

Bayzetovich

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Legal liability for violation of land cadastre legislation 

According to Russian law, individuals and legal entities are liable for violations of land laws. Abuse in this area occurs quite often, given the increasing cost of land. The legislation provides for liability for illegal actions directed against the person, as well as affecting the interests of the state itself. There is such a thing as the right to use land. This implies an exact distinction: ownership, disposal, use. Identify the rules of responsibility for these offenses, the punishment depends on the severity of the offense, but occurs only in the presence of certain elements. The article discusses legal liability for violation of the law on land cadastral registration, as well as the norms of responsibility for these offenses.   

 

 

Key words: land, responsibility, legislation, cadastre, offense, illegal actions. ryptography, philosophical text, hermeneutics, topology, reading philosophy.

 

 

 

 

  

Mindiyarova Victoria

Olegovna 

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Тhe phenomenon of power in Baudrillard’s teaching

   
     Abstract        
  The article considers the problem of the manifestation and essence of power in modern society in the works of J. Baudrillard. Power in its essence has not changed, but it carried metamorphoses in its phenomenological manifestation. Power does not appear in all its forms of direct command and violence, but appears in the form of control and manipulation, carried out by creating specific goals and objectives for a person. The latter form and form in hyperreality, which is not the primary reality, plunging a person into the world of illusion and meaninglessness. Power in its essence is always reversible, that is, the dominant and subordinate can change places. The task of power, according to Baudrillard, is to project reality into society.
 

 

Key Words:Power, simulacrum, structure,manipulation, the control.

 

        Abstract           

 

Mityaev Dmitry 

Mikhailovich

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Qualification of the conflict of laws rule

 

This article deals with the current topic, which is the study of the qualification of the conflict of laws rule. The author raises such questions as the history of the development of the doctrine related to the qualification of norms, and touches on the main ways in which modern jurists solve the problem of qualification. At present, it can be argued that the correct regulation of relations that constitute the subject of private international law is impossible without the application of conflict-of-laws rules. Therefore, the question raised in this paper is quite relevant. The analysis of the main doctrinal concepts on the issue of legal qualification leads the author to the conclusion that the approach based on the law of the country of the court (lexfori) is more convenient for application and, accordingly, more effective.   

 

 

Key words: conflict of laws rule, legal qualification, international agreement, Autonomous qualification

 

 

 

 

 

Serednikova Violetta

Olegovna,

Fen Elvira

Alekseevna,

Isakova Natalya

Vladimirovna

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The value of scientific knowledge to solve environmental issues

         Abstract    
  This paper presents the main aspects that reflect the importance of science as a whole, as well as determine its role in solving environmental problems. In particular, the authors analyze the structure of scientific knowledge and scientific activity. Various aspects of the impact of science on human society and nature are examined. The negative processes of the development of scientific progress are described, which had a negative impact on nature and formed a consumer society. At the same time, the importance of scientific technologies and knowledge for solving global problems of mankind is shown. The necessity of ecologization of thinking as an integral component of the worldview of modern man is substantiated. The importance of the environmental function of science and the implementation of ethical principles in scientific activity are emphasized. The authors note the need for the development of science in order to ensure sustainable development.
 

 

Key words: science, scientific knowledge, man, anthropocentrism, ecological worldview, greening of science

 

        Abstract           

Tantsereva Irina

Igorevna

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Modern possibilities of using the identikit in the detection and investigation of crimes
This scientific work discusses the main ways of applying modern information technology in the disclosure and investigation of crimes. The purpose of the article is to analyze the provisions of normative acts, as well as the practice of using the method of verbal portraiture and the sketch. It is worth saying that in the age of information technology in the context of the development of scientific and technological progress, modern technology is an integral part of our life and greatly simplifies it. Consequently, in the field of investigation of various crimes can not do without the use of technology. The relevance of the work lies in the fact that every year various programs and other technical and forensic tools are issued and improved, with the help of which the investigation and other bodies investigating crimes reveal even the most complex and multi-episode crimes.   

 

 

Key words:information technology, verbal portrait method, image capture, crime detection, crime investigation.

 

 

 

 

 

Usenko Anatoliy 

Sergeyevich

Problems of appointing a phonoscopic examination in the disclosure and investigation of illegal participation in entrepreneurial activity

           Abstract  
  The author analyzes the appropriateness of the appointment of a phonoscopic examination in the disclosure and investigation of illegal participation in entrepreneurial activity. The need for the appointment of this examination in the absence of other evidence indicating the official’s involvement in the management of the organization under control, as well as in the presence of doubts about the authenticity, reliability and relevance of the submitted phonogram is indicated. When conducting a phonoscopic examination, it is necessary to resolve the identification problem - to establish the identities of persons, speech and voice recorded on the media and the diagnostic task - to establish the content of the phonogram. It is noted that when assigning a multivariate examination where it is necessary to identify two or more persons (an official and a controlled person; an official and an employee of a controlled organization), the investigator must issue a separate resolution for each person. The recommendations presented by the author in the disclosure and investigation of illegal participation in entrepreneurial activity will avoid possible errors in the appointment of a phonoscopic examination.
 

 

Key words: phonoscopic examination, complex examination, multi-object examination, official, benefits, advantages, patronage, audio recording, phonogram.

 

        Abstract           

 

 

Khokhlova Diana 

Ruslanovna

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Interdependent persons: problems of legal identification

The Trend of the modern Russian economy is manifested in the creation of cooperation between economic entities, which can act as legal entities and individuals. The positive side of this Association is the creation of favorable conditions for the conduct of economic activities of interdependent persons. But as for the state, there is a risk of abuse in evading tax obligations. Therefore, Russian legislation provides for a number of institutions regulating the economic activities of interdependent persons. The tax Code discloses the definition of interdependent persons as economic legal relations of legal entities or individuals, the characteristics of which is to influence the conditions or result of transactions made by these persons. At the same time, special attention is focused on the composition of this agreement and on the fact of participation of one person in the capital of another. This scientific article discusses the theoretical aspects of the content of interdependent entities and the criteria for their determination according to the tax legislation. It also presents the relationship of civil and tax law through the definition of dependence of persons. the Conclusion is the definition of measures to regulate these relationships and enforcement of liability for offenses.   

 

 

Key words: : legal entities, interdependent entities, tax law, tax relations

 

 

 

    

   
Read the issue:
No. 35, January 2020 

читать выпуск:
№ 35, январь 2020

Table of Contests                   
                       

 

  Albul Ekaterina

Aleksandrovna,

Chernov Yuri

Ivanovich 

 Read the Article: 

Tax and legal incentives for agricultural enterprises

   
     Abstract        
  In 2010, by the Decree of the President of the Russian Federation, the doctrine of food security was approved, which stated that special attention should be paid to creating conditions for ensuring financial stability and solvency of agricultural producers. In addition, the provisions of the doctrine provided for an increase in the effectiveness of agricultural market regulation mechanisms. The implementation of the provisions of the food security doctrine provides for the provision of food products produced by Russian producers. However, to date, this problem remains relevant, since the values provided for in the Doctrine remain unattained. Tax incentives apply to individuals who meet the criteria outlined in the federal law On the Development of Agriculture. In the agricultural sector, a system of privileges and preferences is operating, which can conditionally be divided into subsidizing the costs of producers, stimulating rational land use, simplifying the reporting process, and investing
 

 

Key Words: Taxes, tax policy, preferences, tax system, special treatment, benefits.

 

        Abstract           

 

Arkhireeva Anastasiya 

Sergeevna, 

Makhosh Murat

Bayzetovich

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Financial control of local governments

 

The aim of the study is to analyze the existing practice of financial control in order to improve it at the local level. The subject of the study is the theoretical and methodological principles of financial control at the local level. The methodological basis of the research consists of research approaches, General theoretical principles of scientific knowledge, a system of methods and techniques. The article clarifies the nature of financial control of local governments, identifies the main bodies exercising budgetary control, in addition, some of them are considered in more detail, in particular their powers. And also outlines the main problems of local government. In addition, it is considered what is included in the list of powers of state financial control institutions, and what their activities are focused on. Also in this paper, the topic of the essence of unscheduled inspections, by whom and for what they are carried out.   

 

 

Key words: financial control, local budgets, violations of financial control, financial control bodies, municipal control.

 

 

 

 

 

Arkhireeva Anastasia 

Sergeevna, 

Podolyan Alexey

Pavlovich 

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The problem of legal regulation of cryptocurrency in Russian Federation

         Abstract    
  The article considers the problem of legal regulation of cryptocurrency in the Russian Federation, identifies problems to which object of civil legal relations cryptocurrency belongs. In modern scientific research, virtual currency is considered mainly in the framework of the study of civil rights. However, despite the diversity and breadth of the proposed positions, neither scientists nor practitioners managed to reach a common understanding of which cryptocurrency belongs to the subject of civil legal relations, and is it permissible to consider it as the subject of civil legal relations at all. As a result of the analysis of judicial practice, a certain set of gaps in the field of legal regulation of cryptocurrency was revealed. Such a legal situation can lead to a destabilization of the economic situation in the country and an increase in disputed legal relations in the sphere of the implementation of monetary operations
 

 

Key words:  cryptocurrency, legal status of cryptocurrency, currency control, monetary unit, financial regulation.

 

        Abstract           

  

 

Arkhireeva Anastasiya 

Sergeyevna,

Seropol Diana

Igorevna  

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Procedure of implementation of the municipal order

This article is devoted to such right of municipal formation as implementation of purchases for realization of needs of the population of municipal formation. The article describes the relations that are the scope of the Federal Law "on the contract system in the procurement of goods, works, services for state and municipal needs because not all relations related to the procurement of the municipality are regulated by this regulatory act. The procedure of implementation of the municipal order is analyzed. The definition of the concept of "municipal order"is given, the stages of the process of forming a municipal order are analyzed: planning, rationing, justification of procurement, execution, as well as control in the field of procurement. Two aspects of control in the sphere of procurement of the municipality are analyzed. The article also touches upon topical issues and problems of municipal procurement for municipal needs at the present stage of development   

 

 

Key words: municipal order, municipal procurement, municipal needs, municipal formation, municipal contract, control.

 

 

 

 

  

Berdius Mark

Aleksandrovich,

Chernov Yuri

Ivanovich

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Questions of legal responsibility of tax agents

   
     Abstract        
  This article reflects the specifics of the legal responsibility of such an economic entity as a tax agent, with the allocation of administrative and tax responsibilities characteristic of its activities. Analyzes the novel in the last edition of the tax law providing responsibility for failure to fulfill the tax agent obligations, as well as peculiarities of criminal liability under the criminal composition contained in the criminal law. We also gave an example of a court decision, revealing the peculiarities of bringing a tax agent to administrative responsibility for the failure of a taxpayer to fulfill the obligation to pay mandatory payments within the prescribed period. Based on the analysis, we decided to identify the tax agent as a specific subject of criminal and illegal structures due to his official position, and at the same time, we emphasize that the sanctions applied to the tax agent for the acts belong to economic categories.
 

 

Key Words: legal liability, types of legal liability, tax agent, tax liability, administrative liability, criminal liability.

 

        Abstract           

 

Bischler Alina 

Olegovna

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Backlink in private international law

 

The article investigates the problem of practical application of the reverse reference (renvoi) in the judicial practice of different States. The cases when this Institute of private international law can be applied and when its application in judicial practice is inexpedient are considered. In this regard, this paper analyzes the approaches in the legislation of different States on the application of the reverse reference. A systematic analysis of the provisions of the Russian legislation in terms of the application of the Institute of rereference in comparison with the legislation of foreign countries is carried out. The most characteristic ideological reasons for the use of backward reference in judicial practice are considered. Various points of view of domestic scientists advocating the adoption of the reverse reference are studied. The author highlights the advantages of using this Institute of private international law.   

 

 

Key words: conflict-of-laws rule, back-reference, international Treaty.

 

 

 

 

 

Bredov Dmitry 

Alexandrovich

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Legal regulation of the resort fee in the subjects of the Russian Federation

         Abstract    
  The article is devoted to the problem of establishing and levying a resort fee. The concept and essence of the spa cathedral is revealed. Its historical component and experience of previous years are considered. Based on a study of Russian legislation, the author identified features of the legal status of the resort tax. It is considered to what kind in the system of taxes and fees this fee applies. It is argued that the resort fee is directly a fee or is it still a tax. The main goals of the introduction of the spa cathedral are determined. The problems of responsibility of the operator of the collection and control of the payment of the resort fee are listed and characterized. The possible negative consequences of levying this fee are given. Also suggested are ways to address the negative effects. The mechanisms of collecting resort fees in Russia and abroad are investigated. The practice of collecting resort fees in foreign countries is given for comparison. Based on the above materials, the author draws general conclusions about the feasibility and prospects of levying a resort fee in the Russian Federation.
 

 

Key words: resort tax, tax, local taxes, regional taxes, tax experiment, resort infrastructure.

 

        Abstract           

  

  

Anna Vasilyeva, 

Tyaptina Alexandra 

Vyacheslavovna

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Development of determinism and indeterminism in philosophy
The article is devoted to the problems of determinism and indeterminism relevant to modern science and philosophy. Two basic tendencies in understanding of determinism are given in the work; it is shown in what areas of modern research the resolution of this problem is of great importance: quantum mechanics, temporology, etc. Born in ancient philosophy, the questions about the presence of cause-and-effect relationships in nature, as well as the action of chance, gave rise to an actively developed discussion in New Age on the action of these forces of being. Р. Descartes developed questions about determinism and index, laying the foundation for the subsequent interpretation of scientific, ethical, social phenomena. The philosopher has distinguished the areas of necessity. In modern times, the difference between causality and necessity was identified, which also influenced modern, primarily scientific theories. Setting the problem of the correlation between necessity and chance in the material and spiritual spheres strengthened the role of the subject in knowledge and activity.   

 

 

Key words: determinism, regularity, cause, occasionalism, indexism, necessity, rationalism, causality.

 

 

 

 

 

Gadzgikerimova Rasiat

Mallakerimovna,

Shumanskaya Ekaterina 

Vadimovna 

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Features of use of the trademark
           Abstract  
  despite the fact that the exclusive right to the results of intellectual activity and means of individualization is sometimes called a monopoly, it, nevertheless, can not be called unlimited. To date, registered trademarks are an effective tool for protecting the interests of legal entities and individual entrepreneurs. At the same time, in practice, there are cases of use by third parties of these marks without the appropriate permission of the rights holders for their own purposes. This article is devoted to the use of a trademark, in particular with the change of its individual elements, in order to make it similar to someone else’s trademark and, as a consequence, more attractive to the consumer. This problem is considered in the aspect of limiting the rights of the right holder in order to comply with the legitimate interests of other participants of civil turnover.
 

 

Key words: right Holder, trademark, exclusive right to trademark, verbal name.

 

        Abstract           

 

Gladkova Marina

Sergeevna,

Mosnaya Elizaveta 

Igorevna,

Shulga Antonina

Konstantinovna 

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Bankruptcy (insolvency) of peasant (farmer) farms without a legal entit

In this scientific work some questions connected with implementation of procedure of bankruptcy concerning the country (farm) economy as the subject of business which is carrying out the activity without formation of the legal entity are considered. Such subject carries out the activity on the basis of the norms provided by the legislation. With respect for all its rights and obligations, as well as the interests of third parties, the peasant economy is able to exist and compete with other entities of various organizational and legal forms. In case of non-compliance with the requirements of the legislation, in particular, when there is a certain debt to creditors with the inability to meet their requirements in a timely manner, the farm is often subjected to bankruptcy proceedings. Features of recognition of the peasant (farmer) economy bankrupt associated with the ambiguity of its status, as in this article was analyzed. All the problem questions on the topic of the work were also assessed.   

 

 

Key words: bankruptcy (insolvency); the head of the peasant (farm) economy; individual entrepreneur; peasant (farm) economy without the formation of a legal entity.

 

 

 

 

Gurnovich Tatyana 

Genrikhovna,

Sviridov Oleg

Olegovich

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Problems of ensuring food security of Russia in the sphere of agricultural complex
           Absract  
  Article discusses the problem of food security and its solutions. Since 2010, the Ministry of health has reached or exceeded the per capita consumption recommended by the Ministry of health for the main products. Further steps to improve food security are proposed, including the development of programs to support agriculture and the development of the agricultural complex. The problem of land withdrawal from agricultural turnover and administrative measures for their return, reclamation and reclamation are considered.. Volumes of export of agricultural production, directions and countries of delivery, national features of consumption in different countries are defined. Programs of support of rural business and the reasons of inefficient functioning of a number of farms are considered. A number of measures to minimize and eliminate them are defined
 

 

Key words: food security, agriculture, agriculture, food problem

 

        Abstract           

 

Edidzhi Farida 

Azamatovna,

Chernov Yuriy

Ivanovich

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Administrative and judicial procedure for the protection of rights and legal interests of taxpayers)

In the article discusses the administrative and judicial procedure for the protection of rights and legitimate interests of taxpayers. The work studied positive sides of changes in the area of the procedure for appealing against of the tax agency and their officials. The impact of the change on implementation of the right to protect the interests of taxpayers. The problem of violations of constitutional right to direct judicial review of any illegal decisions taken by the authority is raised, which is a gap in the law. Thus, the supremacy of constitutional norms over other normative legal acts is emphasized. The article also touches upon the importance of the institution of tax secrecy, the safety of which falls on the shoulders of the state represented by tax authorities. The types of liability are listed, as well as the amount of liability for the disclosure of tax secrets.   

 

 

Key words: administrative appeal procedure, judicial procedure of appeal, taxpayer, protection taxpayers rights.

 

 

 

 

Zdanovskaya Lidiya

Borisovna, 

Nepshekuyeva Tamara

Sagidovna

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Olfactoremes and their potential for conflict
           Abstract  
  The olfactory system is an important part of nonverbal communication based on the sense of smell. Olfactory components implement a person’s expressive behavior – they create his image, influence his perception by the participants of communication, and their relationships. Odors are one of the nonverbal indicators of personality, and form additional image characteristics. Odors are a special means of social stratification and a source of interpersonal contacts, a way of identifying and determining belonging to a particular social group. The study of the linguistic implementation of olfactorics in the communication process is an urgent and insufficiently studied problem. This article examines olfactoremes from the point of view of implementing them in a conflict situation
 

 

Key Words:olfactory, olfactory, cognitive approach, Sinton, contentious, ambivalence.

        Abstract           

   

 Ivanenko Igor

Nikolayevich, 

Chernoshtanova

Julia Igorevna 

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Features of the tax deduction for children

The relevance of the topic is due to the lack of systematic theoretical and legal research and the practical significance of the legal regulation of the application of the tax deduction for children. It is noted that the tax deduction for children is of great importance not only in the tax, but also in the family sphere of public relations, since after the effective implementation of the norms of tax law one can observe an increase in the social well-being of citizens and their children, which largely depends not only on their moral component, but also material. According to the author, for more effective and progressive regulation of the relevant sphere of public relations, as well as for improving the standard of living and material well-being of citizens, it is worth making changes, in particular, it is proposed to supplement the tax legislation with norms establishing a decrease in the amount of income at which the right to a tax deduction is lost .   

 

 

Key words: standard child tax deduction, tax, parents, taxpayers, state

 

 

 

 

  

Ivanova Victoria 

Alexandrovna

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To the question of responsibility of officers of tax authorities

   
         Abstract    
  The article is devoted to the problems arising in practice of holding tax officials accountable on the basis of the norms of current legislation. That is why in this scientific article the issue and features of holding a tax authority official accountable are considered, namely, the types of responsibility are considered, which include disciplinary, material, criminal and administrative, to which a tax authority official can be involved, the procedure and the reasons for attracting to which are strictly regulated by the current legislation, as well as the responsibility when it is the tax authority that is involved, and not the official ILCs directly for illegal actions (inaction) of the designated officials. Accordingly, within the framework of this article and the designated topic, special attention will be paid to the problems existing in practice when bringing an official to the indicated types of responsibility, and the problem of competition of disciplinary and administrative responsibility has been studied.
 

 

Key Words: tax authority, official, liability, disciplinary liability, material liability, criminal liability, damages.

 

        Abstract           

 

Ivanova Sophia 

Michailovna

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Features of labor relations between employees and employers in private international law

 

The article analyzes the provisions governing the procedure for concluding labor contracts between workers and employers of foreign countries, as well as the regulatory legal regulation of labor relations. An analysis of the peculiarities of regulation of international labor relations in the Soviet and post-Soviet periods is also carried out. As part of the research, an analysis is made of the extensive regulatory framework governing the relations under consideration, namely, existing international conventions and recommendations. A comparative analysis of international and national labor law. Among other things, the author considers a particularly urgent issue today on the procedure for resolving labor disputes with migrants in case of disagreement in this category of legal relations. The article also presents the most pressing problems and difficulties arising in the process of globalization and the development of international labor law.   

 

 

Key words: labor contract, migration, private law, international law, law.

 

 

 

 

 

  Ishmaev Yevgeny 

Konstantinovich,

Chernov Yuri

Ivanovich

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Interrelation of administrative and criminal responsibility for Commission of road accidents

   
     Abstract        
  In this article the aspects of interrelation of administrative and criminal responsibility for Commission of offenses in the sphere of road transport legal relations are proved. In view of the active development of this sphere, in Russia, more and more frequent cases of illegal acts, and along with this, there are questions about a clear distinction between the coming legal responsibility. The article considers the composition of both an administrative offense and a criminal offense, as well as the criteria for distinguishing misdemeanors and crimes. Administrative offenses, as well as criminal offenses have the identical composition of the illegal act, which includes the object, the subject, the objective side and the subjective side. This suggests that there are similarities between the types of legal liability under consideration, but the article provides an analysis of such compositions, taking into account the specifics of the administrative and criminal legal branches.
 

 

Key Words:administrative liability, criminal liability, vehicle, traffic accident, road safety.

 

        Abstract           

 

 

Kononenko Kirill

Sergeevich, 

Marchenko Victoria

Sergeevna

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Problems of regulation of labor relations of Russian citizens abroad

 

The article deals with the problems related to the legal regulation of labor relations of Russian citizens outside the territory of the Russian Federation. First of all, these problems are related to globalization, which has influenced the formation of labor relations. Also important is the fact that the Labor code of the Russian Federation doesn’t contain conflict of laws, which indicates the imperfection of legal regulation of this issue, since in this case, the regulation of relations will be carried out exclusively under the legislation of the place of employment. The work shows the latest ILO statistics, which reflect the data of labor migration. The article contains sources of legal regulation of both domestic legislation and legal sources of international level. The authors propose to solve the problems by modernizing legislation and improving the socio-economic situation.   

 

 

Key words:  p: Russian employee, foreign state, law of the place of work, conflict of laws regulations, international labour organization

 

 

 

 

 

Krenz Stanislav 

Vadimovich

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Administrative liability of illegal migrants

         Abstract    
  This article details some types of administrative responsibility for violation of migration laws by foreign persons and stateless persons, since maintaining a balance of the legitimate interests of the state, the rights and freedoms of migrants, and the controllability of migration processes is real only if the proper legal order is maintained in society. His defense is one of the tasks of administrative law. An effective fight against offenses is possible provided that there is an educational mechanism, which consists in establishing the obligation to undergo the negative consequences of lawful behavior, that is, if there is responsibility. For this, it is necessary to observe the trend of stable improvement of the legislative framework for regulating migration relations in view of the active development of Russia’s security and legal interaction with other countries on the issues of settling migration in the international arena. The work also considered the point of view of the inappropriateness of using two independent concepts - «administrative expulsion» and «deportation» - to designate a single procedure - the forced expulsion of a foreign citizen from the Russian Federation.
 

 

Key words: administrative responsibility, migration, expulsion, deportation, readmission

 

        Abstract           

 

Kukisheva Darya 

Vladimirovna,

Makhosh Murat

Bayzetovich

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Banking transactions as an object of taxation

 

Today, banking transactions as an object of taxation are of particular importance, since taxation is part of the country’s economy, which primarily has a great impact on the situation in the country. Taxation of commercial banks is an extremely complex problem, since commercial banks are not only large taxpayers, but also economic entities whose solvency is of great public importance. It is banks that contribute to the development of the country’s economy as a whole. The article will consider the concept of banking transactions, as well as banking transactions as an object of taxation. The positions of banks ’ relations with tax authorities were reviewed, as well as the Bank’s expenses for tax purposes were considered.   

 

 

Key words: banking transactions, taxation, object, competitiveness, banks, authorized capital.

 

 

 

 

 

 

Kulikov Yuri

Georgievich

 Читать статью:

Financial-legal promote development small business agro industrial complex

 

   
     Abstract        
  This article discusses the prospects of program-targeted development of agricultural entrepreneurship in modern Russia. Agriculture is one of the most important sectors of the economy of any country. At the same time, this area often faces various problems, such as crop failure, mass extinction of farm animals for any reason, etc. the article explores new directions of support and development of small business, since small business is the mainstay of the development of the agro-industrial complex and the country as a whole. The state annually allocates huge sums to help entrepreneurs. To support small businesses, there are a number of government programs aimed at assisting businesses. Many of them have been working for several years, but still not all businessmen know how to use them. Thanks to state programs to support small and medium-sized businesses in Russia, even an unemployed citizen gets the opportunity to start his own business.
 

 

Key Words: state, support, subsidy, grant, small business, agro-industrial complex

 

        Abstract           

 

Kulikov Yuri 

Georgievich

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Legal basis of the institute of public service

 

In the presented article the characteristic of definition "public service"is given, the system of public service provided by the legislation is considered. In addition, the article presents the analysis of legal documents regulating the functioning of the Institute of public service; the most important legislative acts determining the order of passing of such types of public service as the state civil service, the state military service and the state law enforcement service are revealed. The article determines that there is no single normative act defining the procedure for passing all types of public service, except for its system, which leads to the presence of a huge amount of legal documentation of both Federal and departmental nature. It is concluded that there is no need to codify the legal framework for the regulation of all types of public service.   

 

 

Key words:  civil service, civil servant, civil service system, civil service, military service, law enforcement service

 

 

 

 

 

Lyubitskaya Yelena 

Vasilyevna,

Yarotskaya Yelena

Vadimovna

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The main aspects and disadvantages of price zoning

         Abstract    
  The authors in this article examined the main aspects of price zoning of the territory in the Russian Federation. The relevance of studying this issue at the present stage of development of the land market and real estate market is substantiated. The definitions of the cadastral and market value of an immovable property are given, and the relationship of these concepts is described. The basic concept of price zoning of the territory of a settlement is presented. The goals and main stages of the implementation of measures to implement the price zoning of the territory and the subsequent formation of price zones are formulated. Five zonal levels of the process of territorial price zoning are described. Based on the regulatory framework, the content of the results of price zoning of the territory is formulated. Based on the analysis, the authors identified the main disadvantages of price zoning in the regions and presented solutions to the problems identified..
 

 

Key words:  price zoning, real estate, market value, cadastral value.

 

        Abstract           

   

Lyashenko Daniil

Alekseevich,

Magalyasova Valentina 

Anatolevna

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Registration of a trademark as a well-known

This scientific article discusses the criteria for recognizing a trademark as well known. The practical role of a sociological survey as the fundamental evidence in disputes about the recognition of a mark as well-known is substantiated. The recommendations of Rospatent on the rules of a sociological survey are studied. The characteristic of the geographical scope of the survey is disclosed. Examples from judicial practice are given, in particular, decisions of the Intellectual Property Rights Court are examined. The problem of the ambiguity of judicial practice is revealed, which manifests itself in resolving questions about the visual discrepancy of a trademark registered as a well-known mark with the previously declared one, about identification of the copyright holder and the manufacturer, etc. There are cases of incorrect interpretation of the well-known criteria by law enforcers. Ways of solving the identified problems are presented, in particular, the need for a more detailed interpretation of the criteria for the well-known trademark by the courts, as well as improving the legal knowledge of applicants.   

 

 

Key words: designation, common knowledge, well-known trademark, sociological survey, trademark.

 

 

 

 

  

Malchenko Vladislav 

Evgenievich

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Separate directions of migration and legal regulation

   
     Abstract        
  The problem of determining the place of the rules governing migration and legal relations in the system of modern Russian law is not new. Scientific discussion on this issue has been going on for more than twenty years. Meanwhile, until now, a doctrinal approach to determining the place of migration law in the system of Russian law has not been formed. The need for solving this issue seems to us to be the urgent need to prevent those threats to public order and public safety that are caused by uncontrolled and illegal migration of the population. The processes of population migration in the current period have already become an objective reality and are of a large-scale nature. Hence the need arises for improving the legal regulation of migration processes and eliminating contradictions between various sources of legislation
 

 

Key Words:migration, migrants, legal status, control, foreign citizen, decision.

 

        Abstract           

 

Martynenko Liliya

Vladislavovna,

Novikov Nikolaj

Nikolaevich,

Prihod’ko Elina

Olegovna

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Penalty as a way to ensure the fulfillment of obligations to pay taxes, fees and insurance premiums

This article will reflect the relevance of the topic raised; various spheres of life will be affected, in particular, social, economic and political, affecting problems and indicators of taxation. Consider measures to ensure the fulfillment of obligations to pay taxes, fees and insurance premiums. The central link in the study of work is the penalty as a way of ensuring tax obligations.Turning to the legislation of the Russian Federation and educational literature, we give the concept of interest, including the current rates of Center Bank; we define the circle of subjects that fall under this sanction. Also, various approaches to determining penalties based on the points of view of civilists will be provided for consideration..   

 

 

Key words: penalty, economy, Tax Code of the Russian Federation, taxes, state

 

 

 

 

 

Matveeva Irina

Aleksandrovna,

Terekhin Aleksej 

Andreevich

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Features Of Property Tax Deduction

         Abstract    
  In the theory and practice of tax law, there is currently a concept of property tax deduction, methods and features of its receipt. Tax deductions are an important element of the tax system for individuals. They serve as a tool for the implementation of tax functions, ensure the implementation of the principle of equality in taxation. It is noted that it is necessary to change the procedure for providing tax deductions for voluntary pension insurance contributions by establishing additional deductible contributions at progressive interest rates, which will reduce the poverty level of this category of the population. According to the author, to ensure the social principle of equality and universality of taxation and the protection of the taxpayer, the exercise of his rights, it is necessary to make an addition to Art. 220 tax code of the Russian Federation.
 

 

Key words: property tax deduction, personal income tax, tax.

 

        Abstract           

  

 

Megik Аnna

Sergeyevna

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To the question of improving the institution of evidence in civil proceedings
This article is devoted to the issues of proof in civil proceedings. The stages of proof in civil proceedings are revealed. The classification of judicial evidence in civil proceedings is given. The use of testimony, written evidence, expert opinions, video and audio recordings as evidence in civil proceedings is investigated. The problems of using electronic documentation and correspondence as evidence are identified. Recommendations on optimization of legal regulation of proof in civil proceedings are offered. The problems of procedural evidence and the subsequent enforcement in the general legal perspective are acquiring enormous significance at the present time, since it is precisely these concepts that provide a real opportunity to defend law in a civilized way in a democratic state. According to industry-specific evidence and procedural law enforcement, a rather large number of monographic works and scientific articles have been published, and very significant democratic changes to the law of evidence of Russia are introduced by the legislator.   

 

 

Key words: : proof, substantiation, civil process, civil case, court, court proceeding, factual background.

 

 

 

 

 

Mironov Alexey

Olegovich, 

Semenov Artemy 

Vasilievich

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Taxes legal procedure collection of insurance contributions
           Abstract  
  The article examined the procedure for collecting insurance and tax contributions, as well as what legislative acts it is regulated by. A comparative analysis of insurance premiums and taxes seems appropriate, first of all, by comparing their normative definition. It is noted that the concept of “tariff payment” accumulates various types of mandatory payments, such as tariffs and taxes. According to the authors, the procedure for collecting tax and insurance contributions is not fully regulated at the legislative level. In addition, the legislator has not detailed the process of charging a fine. Thus, due to the insufficient disclosure of the procedure for collecting contributions in the current legislation, it is necessary to revise the above concepts at the legislative level, thereby regulating this type of activity
 

 

Key words:taxes, insurance premiums, procedure, payments, collection, replenishment, budget, insurance.

 

        Abstract           

 

Moroz Elena 

Sergeevna  

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About professional arbitration process

The features of the arbitration process that allow it to be distinguished from the civil one have long become a separate topic for research: many scholars are constantly looking for legal institutions of the arbitration process that allows it to be distinguished from the civil one. The 2014 reforms allowed researchers to delve deeper into their quest. The main issue after legislative amendments was the question of which amendments institutions would be applicable in courts of general jurisdiction, and which would only be valid in arbitration. One of the main differences that scientists pay attention to is the professionalism of the arbitration process - many of the responsibilities that are vested in the participants in the arbitration process will be difficult for participants in the civil process. Thus, the question arises of what a professional litigation is, whether the modern arbitration process belongs to it.   

 

 

Key words: arbitration process, professionalization, interaction, participants, method of defense, practice

 

 

 

 

Nezhenets Olga 

Valeryevna,

Petrenko Elena 

Gennadevna

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The UN as a mediator in the settlement of international conflicts
           Absract  
  The article discusses the importance of the UN in resolving any form of international conflicts. The author presents statistical data, various points of view of prominent scientists and international practice on the topic of research. In the conditions of modern time, the possibility of giving the UN the status of a guarantor of the termination of any international conflicts directly related to the activities of the terrorist organization ISIL is analyzed. Traditional peacekeeping is carried out only with the consent of the conflicting parties to end the military phase of the conflict. This is the physical separation of the parties through the introduction of international observers into the conflict zone, the creation of infrastructure for conflict resolution (meeting place, transport, communications, technical support). Peacekeeping involves the provision of assistance to the conflicting parties with personnel, financial resources, food and medicine supplies, training of personnel, assistance in holding elections and referendums, ensuring control over the implementation of agreements
 

 

Key words:UN, international conflict, criminal responsibility, war crimes

 

        Abstract           

 

Nezhenets Olga 

Valerievna

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On the status of the Central Bank of the Russian Federation and its powers

This article explores the problems that arise when studying the legal nature and legal status of the Central Bank of the Russian Federation, its main functions and tasks, the development of the economic policy of the Russian Federation depends on its orderliness. Determining the areas of activity of the Central Bank, establishing a clear limit of acceptable activity, identifying the boundaries of power, in order to prevent the Central Bank from exceeding its authority. The opinions of scientists and the law enforcement practice of the last five years on the topic of research are analyzed. The author comes to the conclusion that the Russian legislation governing the activities of the Central Bank of the Russian Federation is imperfect and puts forward new proposals for its improvement in order to increase the efficiency of the entire banking system of the Russian Federation. For example, it is necessary to fix the concept of the Central Bank of the Russian Federation as a “legal entity of public law” in the Civil Code of the Russian Federation and the Federal Law “On the Central Bank of the Russian Federation”   

 

 

Key words: Central Bank, financial market stability, banking system, legal status, state power, stability of the ruble

 

 

 

 

Oblogin Denis

Dmitrievich,

Skladchikov

Sergej Vital’evich,

Yashkina Zemfira

Ilgarovna

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To the issue about the budget system
           Abstract  
  In modern society, the Federal budget is the most important component of state policy. There are funds in the Federal budget that are spent on the implementation of the plan for national tasks, there are also funds that are not related to this plan and that they go to the subjects of the Russian Federation. The sphere of distribution of the state budget to the regions is the most complex and controversial. This situation is connected with the fact that official data on the real situation with financial movements between the Federal Center and the subjects are not included in the publication. In the process of formation and formation of reports on budget performance-the information received is not always reliable in full. This article will focus on the problems and measures to eliminate them in the field of budget distribution by region.
 

 

Key Words: budget system; budget; budget distribution; economy. 

        Abstract           

   

 Oparin Vitaliy

Nikolaevich, 

Schakumidova Julietta 

Anzaurovna

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International legal recognition

According to the provisions of international law, international legal recognition is a unilateral act by which states recognize newly formed states and governments or other subjects of international law to establish formal or informal relations with them. Within the framework of this article, approaches to international legal recognition, its forms and features will be considered. International legal recognition is a unilateral voluntary act of a state, which contains a statement recognizing another state as a subject of international law and the intention to maintain diplomatic relations with it. International legal recognition may also be associated with the recognition of the effective power that has been established unconstitutionally. At the same time, the obligation of recognition is not provided for in international law. Recognition is the right of the state. Obviously, cases when a foreign state does not recognize another state for a long time are connected with political considerations and can complicate the international situation.   

 

 

Key words: international legal recognition, approaches to recognition, forms of recognition, governments, states, subjects of international law.

 

 

 

 

  

Pavlenko Elizaveta 

Dmitrievna

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Coalitional property rights in international private law

   
         Abstract    
  This scientific article discusses the sources of legal regulation of property rights issues in legal relations with the participation of a foreign element. The Russian legislation providing for the regulation of these situations, in particular, the Civil Code of the Russian Federation, is examined. The general binding is defined - the law of the location of the thing, and also various types of alternative bindings are considered, in particular, the law of the testator’s citizenship. The features of the legal regulation of property rights in Russia are examined: the lack of ownership by foreigners of a certain category of land, the possibility for the parties to choose the applicable law themselves, with the exception of disputes about property located on the territory of the Russian Federation. The scope of this article also addresses the issue of risk transition. Discrepancy is revealed: in most countries the risk passes at the time of the transaction, and in the Russian Federation at the time of transfer of the thing. Ways of solving the problems identified in the article are presented.
 

 

Key Words:  : foreign law, conflict, private international law, national law, property right, transfer of risk.

 

        Abstract           

 

 Polishchuk Aleksandra 

Igorevna, 

Chernov Yuri

Ivanovich

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Tax monitoring as a new form of tax control

 

In the context of technological progress there is a rapid development of all spheres of life, and in this regard, sometimes not enough of the old methods and methods of control. Therefore, it is necessary to develop new forms that would allow the functions to be fully implemented. There are several forms of tax control in Russia, and tax monitoring is a new area of interaction between tax authorities and taxpayers. This article discusses the concept of tax monitoring, its main objectives, also provides a list of requirements that must meet the taxpayers themselves, joined the tax monitoring. It is noted that the main principles of tax monitoring are: transparency of taxpayer reporting and internal control system, exemption from Desk and field inspections, as well as the ability to promptly resolve disputes on individual tax positions through a new tool - reasoned opinion   

 

 

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

 

 

 

 

 

  Ponomarenko Yuliya 

Vyacheslavovna, 

Chernov Yuriy

Ivanovich

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Questions of administrative responsibility for tax offenses

     Abstract        
  Violation of tax legislation leads to an imbalance in the financial system, therefore, these violations must be eliminated in an administrative order. To ensure the prevention and suppression of the commission of tax crimes, restoration measures and administrative coercion measures are provided for restoring the status violated by the offense. Restorative measures of administrative coercion are used to establish the imbalance of the financial system. Such violations can be committed by both public authorities and individuals and legal entities. Recovery measures include the recovery of arrears and interest. In case of violation of tax legislation, we are talking about the application of the provisions of the Tax Code and the Code of Administrative Offenses. Both sources provide for the application of tax sanctions in the form of a fine, which is assigned in a fixed amount or percentage. In addition to the fine stipulated by tax legislation, a warning, an administrative fine, and disqualification may be imposed.
 

 

Key Words:administrative coercive measures, tax violation, restoration measures, punitive measures, law enforcement

 

        Abstract           

  

Porozhnyak Maya 

Vladimirovna,

Shulga Antonina

Konstantinovna

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Law problems of hotel classification

 

The pace of development of the tourism industry of the Russian Federation today is quite high, which favorably affects the economic development of the country. One of the development factors is sporting events taking place on the territory of the Russian Federation, as well as the expansion and development of the hotel services market. Hotel services are one of the emerging destinations in the tourism industry. This development is due to the presence of state regulation methods, as well as the effectiveness of legal norms that create a favorable basis for the development of the hotel business. For a long time, the problem of legal regulation of collective forms of accommodation remained relevant in view of the lack of a detailed legislative framework. The legal regulation of the provision of hotel services needed the attention of the legislator, it was necessary to develop a classification of hotels, thanks to which consumers could receive information about the quality of services and services. To consider this issue in the most complete way, it is necessary to trace the development of legal regulation   

 

 

Key words:  mtourist services, hotel services, legal regulation, classification of hotel establishments, certification, accreditation.

 

 

 

 

 

Rud Ksenia

Alexandrovna, 

Timasheva Eseniya

Vladimirovna

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Features of the disposal of the exclusive right to a trademark

         Abstract    
  In this scientific work the analysis of the current civil legislation of the Russian Federation regarding the rights to means of individualization is carried out. Specifically, some features of the disposal of the exclusive right to a trademark in our state are considered. The civil code of the Russian Federation distinguishes two ways of disposal: an agreement on the alienation of an exclusive right and a license agreement. The trademark acts as a special means of individualization, since its use allows to protect the goods or services of the rightholder from unscrupulous competitors, therefore, the current legislation provides for specific requirements for the design and content of documents confirming the transfer of the exclusive right to the purchasers, in order to prevent the latter from abusing such a right. Although intellectual property law is a fairly new category, the current civil legislation regulates this area at a fairly high level.
 

 

Key words: exclusive right to a trademark; owner of the exclusive right to a trademark; acquirer of the exclusive right to a trademark; means of individualization; trademark.

 

        Abstract           

 

Rushanyan Diana 

Arsenovna

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Some problems of the realization of the right to raise children by a separate parent

 

The current trend of reducing the number of family disputes and resolving them out of court is aimed at implementing the principle of mutual consent and expanding contractual principles. However, one of the most problematic and incompletely resolved issues of family law is the achievement of subjective equality of participants in family relations, including the exercise of the right of parents to raise and communicate with a child. In turn, raising a child is an obligation, not a right of parents, which is not always possible to fulfill by a separately living parent for objective reasons. To protect the rights of a minor child and to regulate at the legal level the possibility of raising and communicating with a parent living separately from the child, the author proposes to establish the obligation to conclude in writing an agreement on the procedure for exercising parental rights by a parent living separately from the child. In addition, according to the author, the Family Code of the Russian Federation should be supplemented with the right of the parent with whom the minor child lives to determine the place of stay or residence of the latter. In turn, the other parent should be empowered to express his opinion on this issue.   

 

 

Key words: parenting, agreement, family disputes, protecting the interests of children.

 

 

 

 

 

  Sahakyan Maria 

Aramovna

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Limits of application of the Vienna Convention on Contracts for the International Sale of Goods, 1980

   
     Abstract        
  The scientific article explores the problems of applying the Vienna Convention on Contracts for the International Sale of Goods of 1980. The scope of this Convention has certain limitations. In order for the 1980 Vienna Convention to be applied, it is necessary that regulated relations fall within its scope. For this reason, the study of the problems associated with determining the application of the Vienna Convention of 1980 is of undoubted relevance. The purpose of the creation of this Convention is to unify the rules in the field of regulation of the contract for the international sale of goods, delimiting it from related contracts. According to Art. 10 of the 1980 Vienna Convention, the limits of its applicability to the contracts for the international sale of goods are determined by close connection. In this case, the arbitration tribunal is given the opportunity to choose in its determination. Thus, the principle of uniform application of the Vienna Convention of 1980 is violated. However, despite the gaps, the Vienna Convention of 1980 created a system of unified norms, as a result of a compromise between the various legal systems of states that regulate the contract for the international sale of goods.
 

 

Key Words: : international agreement, autonomy of the will of the parties, agreement on the international sale of goods, conflict of laws rule, principle of reasonableness, principle of good faith, international commercial arbitration.

 

        Abstract           

 

Schakumidova Julietta

Anzaurovna 

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About some matters rotation of state civil servants

 

The concept of “rotation” in the framework of legal science is considered as updating the composition of government bodies, replacing workers through various official movements. In the framework of public service, the rotation institution is a set of legal rules governing the legal relations associated with the appointment of a public servant to a position that is rotational. Thus, the institution of rotation in the public service is relatively new, since it was introduced into the legislation on public civil service by adopting a federal law on amendments in 2011, the amendments entered into force in 2013, and were supplemented in 2018. Within the framework of this article, issues of legal regulation, as well as structural elements of the civil service rotation institute of the Russian Federation will be considered..   

 

 

Key words:  rotation, public service, legal regulation, displacementdirect application norm, super-imperative norm, international private law, legal conflict.

 

 

 

 

 

Sokol Alexey

Valeryevich

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Resort fee as a novelty of tax legislation

         Abstract    
  In this scientific work the analysis of the current legislation on taxes and fees, fixing the introduction of a new type of collection. Resort fee was introduced not everywhere, but only on the territory of four subjects of the Russian Federation. This is due to the special situation of such regions as territories with developed resort infrastructure. It should be noted that the legal regulation of the resort fee is established not only at the Federal but also at the regional level. The article analyzes the reasons why the resort fee was introduced in the Krasnodar territory, or rather in the territory of municipalities of the region. Also indicated are the shortcomings that prevent the stable collection of the resort fee. The reasons of refusal of the Republic of Crimea from collection of this type of collecting are considered.
 

 

Key words:  resort fee; tax legislation; regional legislation on taxes and fees; regional taxes and fees.

 

        Abstract           

 

Fedorov Aleksandr 

Sergeyevich

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On Civil Liability of Auditors and Audit Organizations for a Knowingly False Audit Report

The professional responsibility an auditor is to be responsible for a failure or an improper performance of the functions of an audit firm under a contract concluded with an economic entity. The forms and types of responsibility are determined by the Civil and Criminal Codes of the Russian Federation, legislative acts regulating auditing activities, and agreement of the parties. This work touches upon the civil liability of individual auditors and audit organizations, in accordance with the current civil legislation of the Russian Federation, for making a deliberately false audit report. The author considers the other types of legal liability in relation to both individual auditors and auditing organizations for the offenses committed by them, namely the criminal liability of auditors for a deliberately false audit report. The author also analyses the judicial practice on the issue of bringing auditors and audit organizations to civil liability. The scientific works of the authors, who considered the issue of judicial practice related to attempts to recognize the conclusion as deliberately false, are given. The author comes to the conclusion that the legislator every year more and more often attracts individual auditors to legal responsibility for a deliberately false audit report.   

 

 

Key words: auditor, audit organization, false conclusion, civil liability

 

 

 

 

  

Schakumidova Julietta

Anzaurovna,

Chernov Yuriy

Ivanovich

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Legal positions of the constitutional court of the Russian Federation as a source of tax law

   
     Abstract        
  The starting points for the formation of the principles of tax law were the ideas of the Scottish economist Adam Smith, who in his work "Study on the nature and causes of the wealth of peoples"developed four rules for levying taxes. Legislation on taxes and fees is always inextricably linked with the economic policy of the state, which determines the tax policy. The principles of tax law were formed on the basis of the principles of financial law, but they also have their own specifics. Conscientious taxpayers, in turn, paying taxes and fees in a timely manner, receive state protection in case of illegal taxation or retroactive application of tax law. Retroactive force is given to the tax law only when the taxpayer’s position regarding tax liability is mitigated, and when additional protection guarantees are established. 
 

 

Key Words: Constitutional court, taxes and fees, principles, practice, legal acts, competence, compliance.

 

        Abstract           

 

Usova Valeriya 

Vladimirovna,

Shcherban Ilya 

Sergeevich

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Liability for tax offenses

 

Legal responsibility occupies one of the Central places in the theory of law, remaining and today a subject of scientific disputes as uniform and generally recognized concept of legal responsibility, its types on these or those criteria of classification in the legal doctrine is not formed. The meaning of legal responsibility is that it reflects the specifics of any legal phenomena and their formal certainty. In the course of development of the tax legislation and practice of its application in the Russian legal system the new Institute — responsibility for Commission of tax offenses was formed. This article discusses the definition of the concept of "tax offense"reflected in the tax legislation of the Russian Federation, the types of tax offenses for which liability is established by the Tax Code of the Russian Federation, types of liability, discussions about the legal nature of liability for tax offenses.   

 

 

Key words:  tax legislation, tax offense, liability, fines, taxpayer, Tax Code

 

 

 

 

 

Sheykova Ekaterina 

Nikolaevna

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SAnalysis of the history of the development of the cassation appeal in the civil process and its comparison with foreign legislation

         Abstract    
  Within the framework of this article, an analysis will be made of the history of the development of the cassation appeal in the civil process, a comparison of the legislative provisions with the legislation of foreign countries, the factors that have influenced the development and change of the cassation appeal are analyzed. To date, assessments of judicial reform carried out in the Russian Federation over the past year are mixed. Researchers note both positive and negative aspects. Obviously, one can speak reasonably about shortcomings and positive aspects only after a certain period of functioning of the new courts and the action of the new cassation appeal procedure. However, within the framework of this article, we will cover this issue now, and the current provisions regarding the cassation appeal of the Russian civil procedural law and the procedure for the operation of the courts of cassation in foreign countries have correlated.
 

 

Key words: cassation appeal, courts of cassation, preliminary control, reform, civil procedure legislation.

 

 

   
Read the issue:
No. 34, December 2019  

читать выпуск:
№ 34, декабрь 2019

Table of Contests                   
                       

 

  Abramov Nikolay

Viktorovich

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The concept and features of benefits on taxes and fees

   
     Abstract        
  This article provides a study of the benefits of taxes and fees. The legal concept of tax benefits, different approaches to the concept of tax benefits developed by the legal doctrine are considered. A more preferable approach to the provision of benefits for taxes and fees is highlighted. It is pointed out that there is a distinction between the benefits of taxes and duties on the formal legal and economic benefits. The analysis of signs of privileges on taxes and fees is made. The problems connected with insufficient legal regulation of tax privileges are considered, ways of their decision are offered. Signs of legal privileges are considered and their interrelation with privileges on taxes and fees is revealed, necessity of application of these signs to tax privileges is noted. Differentiation of privileges on taxes and fees and the investment tax credit is made.
 

 

Key Words:Benefits on taxes and fees, signs of tax benefits, legal benefits, signs of legal benefits, investment tax credit..

 

        Abstract           

 

Alekhine Vitaliy 

Petrovich,

Bulavka Dmitrij 

Mihajlovich

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On some problems of qualification theft

 

In the era of information technology, under the influence of which almost all spheres of our lives undergo changes, cash, non-cash, is an integral economic component. In the framework of this article, the main issues related to the theft of material and electronic money are analyzed. The development of the scientific and technological process, the digitalization of the economy, the emergence of new civil-law instruments for transactions, including financial transactions without personal presence, have increased the role of cashless funds. At the same time, mechanisms for committing crimes are developing, including the theft of electronic money. So, there has been an increase in the number of thefts of money from bank cards and personal accounts of Internet banks, through various manipulations with electronic money. In view of this, it is necessary to improve the legal basis for the qualification of this crime.   

 

 

Key words: fraud, non-cash funds, theft, withdrawal of money, electronic payments.

 

 

 

 

 

Arkhireeva Anastasia 

Sergeevna, 

Kostenko Bogdan

Yurievich 

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Financial security and its security main directions

         Abstract    
  Having overcome the consequences of the socio-economic crisis, the Russian Federation has solved the priority tasks of the economy, creating a national system attractive for investment. The strategic objectives of the economic development of the Russian Federation are to become one of the leaders in terms of gross domestic product, as well as ensuring economic security. Indicators of the economic development of the Russian Federation indicate that the achievement of economic stability depended on the reforms and transformations. The pace of the Russian economy is growing and exceeding world average indicators, the decline in consumption is behind, privileges have been created for industries working on consumer demand. Such optimistic indicators include the need to ensure economic security, the creation of a system of protection of vital interests, the prevention of internal and external threats. Protective measures should be applied to the state budget, national currency, stock market and other major institutions of the economy. It is at the stage of economic growth that the state should provide the most fertile ground for the entire economy as a whole. All this directly depends on the country’s potential, on the creation of an effective security system. In this scientific work, the very concept of “financial security”, its causes and further development were investigate.
 

 

Key words: : economic security, threat, factors, state of security, economy

 

        Abstract           

  

 

Arkhireeva Anastasia 

Sergeevna,

Morozova Regina

Igorevna  

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Problems of efficient use of budget funds

In a difficult economic environment, the state is forced to increase the effectiveness of the financial, monetary and credit conditions, adapting them to new conditions and challenges. The formation and execution of the budget also occurs in an economic downturn. Cases of applying to the reserve fund and welfare background have become more frequent. However, the budget deficit cannot be constantly covered by reserve funds. It is necessary to increase the efficiency of the use of available budgetary funds, since the sources of budget revenues are limited. Improving the efficient use of budgetary funds of the Russian Federation should ensure financial stability of the state. The low level of efficiency in the use of budget funds was repeatedly emphasized by the President of the Russian Federation. The principle of targeted spending provides that the funds are communicated to a specific recipient with an indication of the purpose of spending. The principle of efficiency implies that in the preparation and execution of the budget, participants in budgetary relations, within their authority, must achieve their goals using the smallest amount of money.   

 

 

Key words: budget, budget funds, use, spending, efficiency, purpose, responsibility

 

 

 

 

  

Archireeva Anastasiya 

Sergeevna,

Shepeleva Oksana

Dmitrievna

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Problems of public service regulation in financial control bodies

   
     Abstract        
  The Institute of Financial Control in the Russian Federation is an integral part and one of the elements of state control, which, in turn, coordinates the Russian economy as a whole, as well as its individual components. However, the legal regulation of this sphere is not ideal and has a number of inaccuracies, shortcomings and legislative gaps that require immediate and correct resolution by amending the current legislation. Since the institute of state financial control in the Russian Federation today does not contain legally established norms that would fully reflect the main areas of activity and the powers of financial control bodies and their officials, as well as the norms that provide legal regulation of all its elements.
 

 

Key Words: financial control, activities of financial control bodies, legal regulation of public service, institute of state financial control, legal regulation

 

        Abstract           

 

Astrakhankin Aleksandr

Andreyevich,

Brova Sergey

Pavlovich,

Nekrasov Maksim

Sergeyevich

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Features of the legal regulation of the adoption of children by foreign families in the Russian Federation

 

The article discusses the legal problems of adoption of children by foreign families in the Russian Federation. The relevance of the topic under study is due to the need to form a legal environment that protects the rights and interests of children. A retrospective and legal analysis of international treaties, judicial practice in the field of regulation of adoption of children by foreign families in the Russian Federation is carried out. The author comes to the conclusion that in the interests of protecting the rights of Russian children adopted by foreign citizens, it might make sense to revise this principle to determine the applicable law to those relations complicated by a foreign element. Suggestions are made to improve legislation governing the adoption of children by foreign families in the Russian Federation or example, the issue of adoption should be transferred to Russian legislation at least before the child acquires the citizenship of the adoptive country   

 

 

Key words: doption, children, international family legal relations, the Family Code of the Russian Federation, international treaties.

 

 

 

 

 

Ahidzhak Diana

Baricheva,

Khachaturian Arevik

Arturovna,

Chernov Yuri

Ivanovich

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Tax secret as an object of legal protection

         Abstract    
  This topic is especially relevant today, since with the development of tax legislation there is no clearly defined list of information that would be prohibited for distribution to third parties. This topic directly affects every citizen of the Russian Federation, and, accordingly, the more attention will be paid to taxt he secrecy and confidential information of a citizen, the more rights and freedoms of a taxpayer will be respected. This article discusses the theoretical basis and principles of tax secrecy as an object of legal protection. The concepts of public and confidential information, as well as their constituent elements, are distinguished according to the legal norms of the legislation. The article reveals the relevance of this topic at the present stage of development of the tax and economic system. The issue of access of third parties to confidential information, and availability of necessary regulations for legal permission of tax authorities to provide information on the taxpayer is considered. Further, in contrast to the legal provision of information, the situations of illegal seizure and disclosure of tax secrets in the field of criminal liability are considered.
 

 

Key words: tax secrecy, tax significant information, tax authorities, taxpayer, protection of confidential information.

 

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Belokon Ekaterina 

Sergeevna,

Shulga Antonina

Konstantinovna

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On the issue of bankruptcy proceedings in case of recognition of the debtor bankrupt
In this article the author considers issues that are closely linked to Institute bankruptcy proceedings under the bankruptcy and matters connected with its procedure. Such concepts as "bankruptcy proceedings "bankruptcy estate "creditors ’ claims"are considered. Mentioned are the forms of bidding, property that may be included in the bankruptcy estate, as well as exceptions to this rule. In addition, attention is drawn to the procedure and conditions for the implementation of bankruptcy proceedings, the timing of its conduct, the possibility of their extension, including its regulatory framework. In addition to all the above, attention is drawn to the problems and obstacles that arise in the implementation of this institution, as well as the ways and means of solving them.   

 

 

Key words: nsolvency, bankruptcy, property, bankruptcy proceedings, bankruptcy estate, bidding, auction, creditors, bankruptcy Trustee, obligations, creditors ’ claims.

 

 

 

 

 

Belchik Anastasia 

Maksimovna

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Small Business Taxation
           Abstract  
  This article discusses the powers of the Central Bank of the Russian Federation. On the basis of studies of Russian legislation, the author identified the features of the legal status of the Bank of Russia such as independence and duality. The main goals and objectives of the Central Bank in order to implement the unified monetary policy of the country are listed and characterized. The variant of internal division into subgroups of legislative powers of the Central Bank is offered. The methods by which the Central Bank exercises its powers are defined. The Supervisory powers of the Central Bank are considered as it is an independent, Supreme and main body in the field of banking regulation of credit institutions. The main objectives of Bank control and supervision are defined-protection of interests of depositors and creditors, maintenance of stability in banking system. The normative legal acts regulating the control activity of the Bank of Russia are analyzed. The main body of the Bank, which has Supervisory functions, is named and characterized. On the basis of the studied factors actual problems of implementation of control activity of the Central Bank of the Russian Federation were revealed. The author provides various justifications for leveling the problems and offers various ways to solve them since the proper functioning of the banking system of the Russian Federation can be achieved with the help of a high professional level of management and system control of the state banks
 

 

Key words: Central Bank of the Russian Federation, Bank of Russia, supervision, control, credit system, banking system.

 

        Abstract           

 

Bondarenko Vladislav 

Grigorievich,

Chernov Yuri

Ivanovich 

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Small Business Taxation

This article discusses and analyzes the taxation of small businesses based on modern requirements for the payment of taxes enshrined in the Tax code. Analytical statistics of activity of small enterprises is given, and also, a number of advantages and disadvantages of the applied systems of taxation of subjects of tax legal relations is allocated. The state support of small business at the present stage of functioning of the financial and economic sphere provides promotion and stimulation of such business, in turn, the tax legislation, together with its component, allows subjects of small business to provide effective and successful business activity. The types of tax systems enshrined in the tax law are designed to provide assistance to small entrepreneurs for an easy "start"in the implementation of their activities by reducing the list of tax contributions required for the subjects of the General tax regime. There are also a number of conditions for the transition to a simplified and patent system of taxation, and some features of the single imputed income tax and the single agricultural tax.   

 

 

Key words: small business, small business, taxes, simplified tax system, patent system of taxation, single agricultural tax, single tax on imputed income, general taxation system

 

 

 

 

Borisova Victoria 

Borisovna,

Chernov Yuri

Ivanovich

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Features of the legal regime of tax secrecy
           Absract  
  The current tax legislation regulates the legal regime of tax secrecy, which, in turn, implies certain information and information about the taxpayer, payer of insurance premiums, which also contain personal data of these taxable entities. At present, tax secrecy is constituted by any taxpayer information received by the tax authority, internal affairs bodies, the state extra-budgetary fund body and the customs authority, secured by tax legislation. However, there are some exceptions in this area. The Tax Code of the Russian Federation establishes a list of information that is not tax-related in view of the fact that this list is closed and exhaustive. However, currently in this area there are a number of gaps, shortcomings and legally unclear formulations that are not regulated at the legislative level and require serious revision. In this regard, this article discusses in detail the institute of tax secrecy and its terminology, as well as the main problems that arise during the collection and processing of information about the taxpayer and suggests solutions that are relevant at the present stage.
 

 

Key words: tax secrecy, taxpayer, legal regime, tax information, personal data.

 

        Abstract           

 

Glinshchikova Tatyana

Vadimovna,

Kovalev Dmitrij

Mikhailovich

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To the question of the recognition and execution of foreign judicial decisions

A foreign court decision does not have an effect similar to a domestic court decision. The state of location of the debtor may exclude the effect of foreign court decisions or recognize them subject to certain conditions enshrined in domestic law. The recognition and enforcement of a foreign judgment in Russian law depends on the existence of an international treaty or federal law. However, recently the postulate on the admissibility of recognition and enforcement of foreign judgments in the presence of these acts by scholars and courts has often been called into question. Increasingly, reciprocity and international politeness are cited as grounds for the recognition and enforcement of foreign judgments in the Russian Federation, which requires a determination of the content of these concepts, as well as their relationship with the provisions of the Russian procedural legislation. In this regard, the study of problems associated with the recognition and enforcement of foreign court decisions is of undoubted relevance.   

 

 

Key words: international treaty, judicial decision, international courtesy, reciprocity, recognition of a foreign judicial decision, debtor.

 

 

 

 

Duchevа Ruzanа

Rashidovna,

Chalova Anastasia 

Sergeevna

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Development of legal regulation of corporate names of legal entities
           Abstract  
  The Civil Code of the Russian Federation provides for the legal protection of various types of intellectual property. Each of these species plays a role in the development of the country’s economy. The importance of a brand name is determined by two factors. Firstly, in the Russian Federation over ten million legal entities that are commercial organizations have state registration. Moreover, any commercial organization has a company name related to the number of protected objects. Secondly, a company name often merges with a commercial designation and performs its functions. In the sense, the company name should individualize goods, works, services. Within the framework of this article, aspects of the establishment of legal regulation of the company name of a legal entity will be touched upon, the issue of the relationship between the company name and the commercial designation will be considered.
 

 

Key Words: company name, legal regulation, legal protection, company, legal entity

        Abstract           

   

 Devyatkina Tatyana 

Valerevna  

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Effective use of production potential of agricultural enterprises

This article discusses the main components of the resource potential of agricultural enterprises, as well as their impact on the efficiency of agricultural enterprises. Their joint and effective functioning allows to obtain the desired results in the process of carrying out economic activities. The structural model of production potential is analyzed, including six production factors that function as a single system. The factors influencing the formation of resource potential are presented. They have various classifications, but most often they are divided into external and internal, while the external ones are factors of direct and indirect impact on the formation of the potential of agricultural enterprises. The problems and disadvantages of the material and technical base of agrarian forms of management, which are expressed in the deterioration of the machine and tractor fleet of enterprises in the agricultural sector, are highlighted   

 

 

Key words: resource potential, production potential, material and technical base, agricultural enterprises, producers

 

 

 

 

  

Denisov Alexander 

Alexandrovich,

Chernov Yuri

Ivanovich

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Questions about the relationship of tax and land law

   
         Abstract    
  This article discusses and analyzes the legal regulation, as well as the ratio of land and tax law as complementary branches of the legal system of the Russian Federation in terms of taxation of land as a natural resource object and immovable property. In the framework of the research topic reflected topical issues of development of the tax mechanism of regulation of land relations, the principles of legal regulation of relevant legal relationships and defined proposals to improve the legislative framework concerning land taxation. In our opinion, the land tax acts as a qualitative tool in the mechanism of the tax system for the settlement of legal relations in order to increase the revenue of the state Treasury and legitimize the activities carried out in the process of using land as property owned by the owner. It is considered necessary to introduce innovations in the legislative norms regulating the distribution of powers between tax authorities and land inspection bodies. 
 

 

Key Words: land tax, land, land plot, tax base, tax rate, land payments, land law, tax law.

 

        Abstract           

 

 Diordiy Sofia 

Yureivna

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Russian legislation on guarantees of foreign investment

 

This scientific article discusses the sources of legal regulation of investment relations with the participation of a foreign element, in particular the Federal Law “On Foreign Investments in the Russian Federation”. The analysis of this regulatory legal act, which allows to highlight the main problems in the investment sphere. The basic guarantees of a foreign investor provided by Russian law are examined. A systematization of these guarantees was made, as well as some of them were studied in detail. The article also examined the responsibility of state bodies and officials for damage caused to a foreign investor. The main problems of legal regulation of investment guarantees have been identified, namely: their uncertainty, declarative nature, lack of a procedural mechanism for their regulation, etc. The conclusion is drawn about the rather unsuccessful experience of the Russian Federation in reforming the national investment legislation   

 

 

Key words: guarantees, investments, investment guarantees, investor, foreign investor, nationalization, requisition.

 

 

 

 

 

  Dronova Mariya 

Arkadyevna

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Some issues of legal regulation of surrogate motherhood in private international law

   
     Abstract        
  This scientific article raises the issue of legal regulation and implementation of reproductive human rights through the institution of surrogate motherhood in private international law. This article examines the recognition or non-recognition at the