Altai Law Journal of Barnaul Law Institute of the Ministry of the Interior of Russia
Altai Law Journal

State and legal regulation public relations
Yu.V. Anokhin, Doctor of Juridical Sciences, professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: anohinuv@buimvd.ru;
A.E. Bankovsky, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: arturbank@mail.ru

    • The article deals with the history of the emergence, development and formation of the State Council of the Russian Federation as a coordinating body of state power. Using the methods of historical analysis and comparison, the article reflects the evolution of the legal status of the State Council of the Russian Federation from an advisory body to a body with direct constitutional consolidation. The authors stress that its activities are aimed at fulfilling strategic tasks and integrating all levels of public power by changing the approach to its composition and the order of formation. Additionally, the article studies the new powers of the State Council of the Russian Federation after the adoption of amendments to the Constitution of Russia in 2020. Key words: constitutional reform, modernization, federalism, the system of public authorities, coordination of the activities of state authorities, the State Council of Russia.

State and legal regulation public relations
D.E. Batalov postgraduate student of Omsk Academy of the Ministry of the Interior of Russia E-mail: BaDa4815@yandex.ru

    • The national security as a necessary element of strengthening the Russian statehood is investigating in this article. The author substantiates the necessity of including this phenomenon to the system of objects of constitutional and legal regulation. Based on the analysis of doctrinal approaches, as well as the provisions of domestic and foreign legislation, the constitutional nature of this legal phenomenon is emphasized. The national security as an object of constitutional law has a complex structure, which elements are relatively separate groups of public relations, expressed in its separate types and requiring additional scientific study. Key words: safety, national security, Constitution of the Russian Federation, constitutional legal relations, the objects of the constitutional legal regulation, the constitutional nature of national security, subjects of ensuring national security.

State and legal regulation public relations
V.V. Bedenkov Altai State University E-mail: bedenkov-1989@mail.ru

    • The article is devoted to the peculiarities of the formation of the legal culture of the Russian society. The article analyzes the dependence of the level of legal culture in Russia on the effectiveness of the implementation of the mechanism of legal regulation and the activities of the state as a whole. The subject of this research is: the main approaches to understanding the legal culture, features of the legal culture of Russian society, factors affecting its state, as well as measures to improve the level of legal culture. It is concluded that only with the systematic application of these measures is it possible to overcome legal nihilism, form a high level of legal awareness of society, as well as increase the level of legal culture in Russia. The research result is a set of proposed general and special measures that will contribute to raising the level of legal culture in Russia, taking into account the current Russian legislation and law enforcement practice. Key words: legal culture, legal consciousness, state, society, legal values, legal principles, legal education.

State and legal regulation public relations
L.G. Konovalova, Candidate of Juridical Sciences, assistant-professor The Russian Presidential Academy of National Economy and Public Administration, Altai branch E-mail: vaskova82@yandex.ru

    • The article examines the idea of democracy as a correlation between the will of the majority and the minority of the country’s population when making government decisions. There is a shift in emphasis from the perception of democracy as the rule of the majority to the understanding of democracy as an expression of the will of the majority, taking into account the opinion of the minority and in conditions of guaranteed minority rights. Attention is drawn to the importance of the legal structure of parliamentarism for ensuring the balance of the ratio of the will of the majority and minority of the population in a particular state, since parliamentarism offers legal means of ensuring effective debate in the process of identifying the «common will» of the people, both within parliament and in the interaction of parliament with others state authorities, taking into account the forms of direct expression of the will of citizens. At the same time, it is emphasized that the optimal ratio of the will of the majority and minority of the population differs significantly in different countries, taking into account the national, historical, cultural and other identity of peoples. The paper analyzes the experience of various states (USA, Germany, Denmark, the Netherlands and Russia) and the emerging international practice on the problems of counter-majoritarianism. Key words: democracy, parliamentarism, majoritarianism, counter-majoritarianism, minority rights.

State and legal regulation public relations
A.G. Filimonov, Candidate of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior of Russia E-mail: fag55.55@mail.ru

    • Russia has twice lost its statehood as a result of ongoing reforms over the past century. The loss of statehood was accompanied by huge losses in all spheres of public life, the peoples of Russia had to build their statehood from scratch and solve many complex problems. Why is the state collapsing, and what is the reason for the ineffective reforms carried out by the state’s political elite? These and a number of other issues are analyzed in the article. The author sees one of the main reasons in the mechanical copying of the experience of Western states and the denial of the experience of Russian history. Russian state has its own nature of being, therefore, the reforms should be carried out taking into account the characteristics of the Russian state, and not the Western one. From these positions, the features of the political reform of the Russian state and society are considered. Key words: state, treaty state, Russian state, reform, open access society, democracy, delegative democracy

Administrative law and administrative process
Ya.A. Antonov Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: antonovyan9089@mail.ru

    • The article considers the features of the activities of state bodies in the conditions of special legal regimes. The article also examines the current problems of law enforcement in the counter-terrorism sector, both in theory and in practice of law enforcement agencies. The article aims to systematize the norms of law in the countering terrorism. The article reflects the problems of both theoretical and applied nature related to the effectiveness of the state system of ensuring the fundamental rights and freedoms of citizens during the introduction of special legal regimes in the Russian Federation or its part. The analysis of some fundamental normative acts regulating the activities of both state authorities and local self-government at the level of municipalities, as well as assistance to the authorities of individual citizens in the field of countering the terrorist threat, is carried out. It is pointed out that it is necessary to improve the unified system of countering terrorism and its practical effective functioning in the national interests of ensuring the constitutional rights and fundamental freedoms of the state through clear interaction of all subjects and civil society without exception. Key words: special legal regimes, legal regulation, state authorities, local self-government bodies, civil and political rights, counter-terrorism.

Administrative law and administrative process
A.G. Bachurin, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: vooky22@yandex.ru;
I.P. Petykchov Russian MIA General Administration for the Altai Region E-mail: champion_33@mail.ru

    • The article examines certain aspects of the police activity to ensure road safety as a priority direction of state policy. The content of this policy includes counteracting the causes and conditions of road traffic accidents. Issues of administrative responsibility for leaving the scene of a road traffic accident are being studied. The article considers the activity of the police to identify and prosecute persons who fled from the scene of a road traffic accident. The legal structure of an administrative offense under Part 2 of Art. 12.27 of the Administrative Code of the Russian Federation. Statistical data and judicial practice in cases of administrative offenses under Part 2 of Art. 12.27 of the Administrative Code of the Russian Federation are analyzed. The presence of existing contradictions in court decisions concerning the position of the victim as a participant in proceedings on cases of administrative offenses under Part 2 of Art. 12.27 of the Administrative Code of the Russian Federation. On the basis of this analysis, the shortcomings of law enforcement are highlighted, a motivated author’s conclusion is made about the need to improve administrative and legal norms and develop a unified judicial practice. Key words: road safety, police, road patrol service, road traffic accident, administrative offense, victim

Administrative law and administrative process
M.A. Buchakova, Doctor of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior of Russia Е-mail: mb290163@mail.ru

    • The article examines and analyzes the problem of protecting the personal data of citizens of the Russian Federation in the context of digitalization of modern Russian society. The author points out the need to use new information and communication technologies in the field of public administration, which, according to the author of the article, ensures the transparency of administrative procedures carried out by public authorities under the conditions of reliable protection of personal data of citizens of the Russian Federation. The legal regulation of issues related to the protection of personal data of citizens at the present stage is presented. Reasonable conclusions are made about the need to improve the effectiveness of the mechanism for protecting personal data, the results of the control and supervisory activities of Roskomnadzor are analyzed. It is concluded that the protection of personal data in the context of the digitalization of society is based on a combination of private-public interests of individuals while respecting the rights of the subject of personal data, as well as the consolidation of the rules for interaction between users and data processing companies. Key words: regulations, digitalization of society, legal regulation in the field of personal data circulation, information and communication technologies.

Administrative law and administrative process
A.G. Grishakov, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: grischakov@buimvd.ru

    • The author continues to consider the specifics of the activities of the district police officer during the daily routine inspection of the administrative area. In particular, a detailed analysis of the sequence of actions of an official is carried out when obtaining information about persons who have suffered from crimes or are at risk of becoming such due to their young or elderly age, as well as having mental disorders. At the same time, the competence of the district police officer to provide both legal and psychological support to such persons is justified. Special subjects are identified, which should be paid attention to as part of the preventive detour, namely persons without a specific place of residence and occupation. The facts of antisocial or illegal behavior of residents of apartments and households located within the boundaries of the territory of the residential sector; illegal behavior of residents of apartments and households, manifested in the unauthorized occupation of land plots for parking spaces of personal cars, are analyzed. In some cases, anti-social behavior of citizens is manifested in non-compliance with the conditions and rules for keeping animals. Key words: anti-social or illegal behavior of residents, daily preventive rounds, persons who have suffered from crimes, persons with mental disorders, young and elderly persons, persons without a specific place of residence and occupation, a district police officer, social adaptation, rules for keeping pets.

Administrative law and administrative process
O.P. Karnaukhov Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: karnauhov.oleg@bk.ru

    • The article deals with the problems of improving the legal protection of police officers during the period of their official duties, with the use of certain measures of direct coercion, firearms. The study of the practice of the norms regulating the legal protection of police officers allows us to assert that at the present time a number of issues in this area remain relevant and unresolved. The article provides statistical data on the insufficient protection of police officers from unlawful encroachments. The reasons for the imperfection of legislative norms and the practice of their application are analyzed. Insufficient legal responsibility (sanctions) for administrative offenses and criminal offenses committed against police officers is noted. The author analyzes not only the legal regulation but also the tactics of using firearms, which affect the level of personal safety of police officers in the performance of their official duties. The ways of improving the efficiency of law enforcement activities of police officers are proposed. Key words: law, police officer, legal protection, special measures of administrative coercion, use of firearms, legal responsibility, guarantees of legal protection.

Administrative law and administrative process
V.V. Tyryshkin, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: witsan333@yandex.ru;
I.A. Gumarov, Candidate of Juridical Sciences, assistant-professor Kazan Law Institute of the Ministry of Internal Affairs of Russia Е-mail: ilnur_gumar@mail.ru;
D.V. Andreev postgraduate student of Omsk Academy of the Ministry of the Interior of Russia Е-mail: adv1986@rambler.ru

    • The issues related to the resolution of applications and reports on administrative offenses have always been and will be particularly relevant for the internal affairs bodies, due to the large number of materials on administrative offenses resolved by the services and divisions of the Department of Internal Affairs in accordance with the Administrative Code of the Russian Federation. The article deals with organizational and administrative-procedural aspects in the field of resolving cases of administrative offenses. The article analyzes the theoretical provisions concerning the consideration of cases of administrative offenses, the problems of implementing the order of the Ministry of Internal Affairs of Russia No. 736 in practice, which lead to a complication of the process of resolving applications and reports of administrative offenses received by internal affairs bodies, and also provides possible ways to eliminate these problems. Key words: administrative offense, the resolution of applications and communications, the decision on the case of an administrative offense, the reception and registration of applications for administrative offenses.

Criminal law, criminology, criminal and executive right
S.N. Devyatov Forestry Department in the Siberian Federal District Е-mail: sergey-devatov-2010@mail.ru

    • The article examines certain aspects of countering illegal timber trade, analyzes the statistical indicators reflecting the current situation in the field of illegal timber harvesting and trafficking. The issue of the need to amend the current criminal legislation to establish the criteria for knowing the illegal origin of wood for the person engaged in its turnover for the purpose of effective qualification of the act on signs of Art. 191.1 of the Criminal Code of the Russian Federation, it also substantiates the need to expand the powers of state authorities exercising federal state forest supervision (forest protection). Key words: illegal logging, illegal timber trafficking, acquisition, storage, transportation, processing, marketing, knowingness, supervision, forest fund, reception and shipment of timber.

Criminal law, criminology, criminal and executive right
O.V. Ermakova, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ermakova_alt@mail.ru

    • The author analyzes the category of the science of criminal law «public danger». The article states the lack of a universal approach to the definition of public danger in the modern legal literature. In particular, the author notes the lack of development of clear criteria for its definition, the failure to establish the relationship of the phenomenon, the public danger of which is established. At the same time, according to the author, it is necessary to talk about the existence of a vertical of public danger, which allows us to divide this institution into such independent types as the public danger of a crime, the public danger of the mechanism of a criminal act, a separate stage of the commission of a crime. In addition, the significance of the category «public danger» in relation to punishment and release from it is demonstrated. The author proposes to distinguish the content of the public danger of real harm, as well as the possibility of potentially possible negative changes. A two-pronged understanding of public danger allowed the author to justify the existence of elements of crimes that are not related to the occurrence of criminal consequences. Separately, the author notes that it is the public danger that serves as the basis for choosing the construction of the corpus delicti and including certain signs among the mandatory ones. Special attention is paid to the influence of public danger on the process of criminalization, as well as the modeling of the corpus delicti. Key words: public danger, crime, corpus delicti, modeling of corpus delicti.

Criminal law, criminology, criminal and executive right
S.S. Zhukova Volgograd Academy of the Ministry of the Interior of Russia E-mail: Sofija-zhukova@rambler.ru

    • The given article deals with examination of the regulation of liability for encroachments committed by the criminal community (criminal organization). The author of the article pays attention to the fact that the sanction to be contained in each norm of the Special Part of the Criminal Code of the Russian Federation is the most important means for implementing the state’s criminal policy as well as is said to be an assessment of social danger of a crime. It is the establishment of the type of a criminal law sanction and the correctness of its forming that ensure the implementation of the principle of justice of the criminal law and the differentiation of punishment. However, the mentioned criminal formation is the only form of complicity that is not used as a qualifying feature. The presence of estimative judgments about the criteria for criminal responsibility for crimes committed with complicity determines the unsystematic nature of the criminal legislation and disorientation of law enforcement activity. Key words: organized group, criminal community, criminal organization, sanction, complicity, principles, qualification, liability.

Criminal law, criminology, criminal and executive right
I.N. Zavarykin, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: criminal-man@mail.ru

    • The article analyzes patterns of thefts committed by means of information and telecommunication technologies application, along with consideration of problems-solving ways related to victimological preventive measures of this negative social phenomenon. The author comes to the conclusion that in our country objective factors exist which cause significant increase of number of thefts committed with the usage of information and telecommunication technologies. He also mentions that Internet constitutes attractive media for delinquents, including those committing thefts. Insufficient financial and computer literacy, people credulity and criminals impunity determine formation of suitable media for the increase of the negative social phenomenon under consideration. For more efficient counteraction against the considered phenomenon the author has defined recommendations for citizens concerning victimological preventive measures. Key words: thefts, criminal patterns, Internet, victimological crime preventive measures.

Criminal law, criminology, criminal and executive right
P.N. Kobets, Doctor of Juridical Sciences, professor All-Russian Scientific Research Institute of the Ministry of Internal Affairs of Russia Е-mail: pkobets37@rambler.ru

    • The article discusses the features of Japanese criminal policy, its mechanism is of great interest to scientists and practitioners, since it perfectly combines relative softness and high efficiency. As the methodological basis of the research, the author used the dialectical method of cognition, comparative, formal-logical, methods of structural analysis, and historical. The use of this research technology provided the necessary level of reliability and validity of the obtained scientific data. In the course of the study, it was found that in Japan, they adhere to the principle that the best criminal policy is one that is inextricably linked with social policy. Japan has managed to accumulate not only unique experience, but also to create a successful mechanism to combat criminal evil. The author comes to the conclusion that the positive Japanese experience of forms and methods of preventive action, as well as strategies, methods, and concepts of combating crime, is a necessary foundation for its development in modern Russian criminal policy. The scientific novelty of the study is a comprehensive analysis of the features of the Japanese criminal policy in the conditions of the third millennium. The practical significance of the work is expressed in the possibility of its use in management activities, in the decision-making process to improve the criminal policy of the Russian Federation. Key words: criminal policy, social policy, public associations, crime prevention, law enforcement agencies, criminal motivation, civil society, criminogenic situation, public trust.

Criminal law, criminology, criminal and executive right
V.V. Litovchenko postgraduate student of Far Eastern Law Institute of the Ministry of Internal Affairs of Russia E-mail: nigaz-969@mail.ru

    • Modern sports victories are made on the verge of the possible and make you wonder at the potentials of the body. However, not all opportunities are developed exclusively by training. Throughout the sport’s existence, some athletes and their coaches have turned to additional ways to become «faster, taller, stronger». Today’s methods used in high-performance sports are dangerous, and therefore, first the world community sounded the alarm, and later this trend was picked up consistently by all countries, including Russia. The study focuses on the analysis of the elements of the offense under art. 230.1 and 230.2 of the Criminal Code of the Russian Federation provides for criminal liability coaches, medical professionals, and other experts, for the use of prohibited substances and (or) methods called doping. The author in his research highlights the problem of practical application of the current norms. It consists in the absence of a wide range of subjects liable to responsibility for crimes related to the use of substances and (or) methods prohibited in sports against an athlete, as well as the object of criminal legal protection. The methodological basis of the study was made up of general scientific and private methods, such as historical, comparative legal, dialectical. Key words: doping sanction, prohibited drug, substance, method, object, objective side, subject, subjective side, criminal act, athlete.

Criminal law, criminology, criminal and executive right
V.V. Malchenkova, Candidate of Pedagogical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: malchenkovavv@mail.ru;
E.V. Malchenkov, Candidate of Pedagogical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: malchenkovev@mail.ru;
A.Yu. Sologubov Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: solo123q@yandex.ru

    • The article examines a certain range of problems dedicated to the legal regulation of fraudulent crimes against property, and also suggests possible solutions to existing and requiring elimination of gaps and shortcomings in this area. The specificity of the fraud problem is determined by the diverse nature of information about the existing facts of illegal behavior, as well as the high level of latency of this type of crime. The relevance of the topic under consideration is very high, since almost every day we are faced with cases of fraud, every day there are cases in the newswire texts when property was stolen from citizens by deception. Key words: theft of property or the acquisition of the right to someone else’s property, fraud, deception, abuse of trust, criminal liability, problems, ways to improve.

Criminal law, criminology, criminal and executive right
V.R. Nabiullina postgraduate student of Tyumen State University Е-mail: vitatoriya@mail.ru

    • The relevance of criminal law protection of information security of the population is currently due to the large-scale spread of false information during the coronavirus pandemic, which causes harm not only to the health of citizens, but also to public safety. Legislative enforcement of the prohibition on the dissemination of deliberately false information was an inevitable solution in the new circumstances. The article deals with Art. 207.1 and 207.2 of the Criminal Code of the Russian Federation that came into force on April 1 2020. In particular, the article examines the conceptual apparatus of crimes, subjective and objective signs of crimes. Based on the analysis of normative legal acts, literature and explanations of the Supreme Court of the Russian Federation the author comes to the conclusion about the terminological inconsistency of the concepts «false information» and «unreliable information» used in the criminal law; the necessity of amending the Criminal Code of the Russian Federation in terms of instructions in the articles in question of the single subject of crime; the complexity of proving a causal connection between the crime, provided in Art. 207.2 of the Criminal Code of the Russian Federation and its consequences. Key words: deliberately false information, unreliable information, objective and subjective signs of crimes, Art. 207.1 and 207.2 of the Criminal Code of the Russian Federation.

Criminal trial, criminalistics, forensics, operatively-search activity
V.Yu. Belitsky, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: vlad_belitskiy@mail.ru

    • The author examines the problems of legal regulation of the activities of employees of the preliminary investigation bodies to establish the location of the suspect (accused). Based on the study of legislative and bylaws, scientific literature, empirical data, publications in the mass media, the author identifies the main groups of investigative actions of the investigator: investigative actions that have a search orientation; other procedural actions performed for the purpose of search, and non-procedural, including organizational search actions. The author reveals the content and gives examples of each group of actions, and gives recommendations for some of them. Key words: search, search activity, search measures, types of search measures, suspension of preliminary investigation.

Criminal trial, criminalistics, forensics, operatively-search activity
N.N. Gaas Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: nina.gaas@inbox.ru

    • The article examines the legal nature of the right of the investigator (interrogator) to terminate the criminal case on the grounds provided for by Art. 25 of the Criminal Procedure Code of the Russian Federation. Based on the correlation between the qualitative indicators of the activities of the preliminary investigation bodies and statistical data on the activities of the courts of first instance, the author comes to the conclusion that the criteria for assessing the main indicators of the internal affairs bodies for the investigation of crimes are imperfect. This fact leads to an increase in the burden on the courts and, as a consequence, the expenditure of budgetary funds. The comparative legal analysis of the criminal procedural regulation of the termination of a criminal case in connection with the reconciliation of the parties in the Russian Federation, the Republic of Kazakhstan, the Republic of Belarus, the Republic of Uzbekistan and the Kyrgyz Republic made it possible to assess the originality of the model of the institution in question through the prism of the national legislation of the countries. The information obtained as a result of the study made it possible to formulate conclusions about the need to amend the norms of the Criminal Procedure Code of the Russian Federation. Key words: right, duty, reconciliation, termination of a criminal case, investigator, interrogator, statistics.

Criminal trial, criminalistics, forensics, operatively-search activity
P.G. Novichikhin Volgograd Academy of the Ministry of the Interior of Russia Е-mail: p_chih@mail.ru;
N.G. Kornaukhova Volgograd Academy of the Ministry of the Interior of Russia Е-mail: pongo_07@mail.ru

Criminal trial, criminalistics, forensics, operatively-search activity
B.P. Smagorinsky, Doctor of Juridical Sciences, professor, honored scientist of the Russian Federation Volgograd Academy of the Ministry of the Interior of Russia Е-mail: smagvolg@rambler.ru;
Ye.V. Batyshcheva postgraduate student of Volgograd Academy of the Ministry of the Interior of Russia Е-mail: adioop-vamvd@mail.ru

    • The article is devoted to the examination of the current state of the operational-search activity of the criminal investigation department to combat juvenile crime. This study is an analysis and description of the areas of operational-search activity in order to prevent illegal behavior of minors and disclose already committed crimes. The peculiarities of these criminal acts and the high level of their activity give grounds to speak of the need to improve the forms and methods of implementation of the operational-search activities of the criminal investigation department in order to combat crime juvenile crime. Key words: operational-search activity, operational-search activity, criminal environment, crime prevention, prevention of neglect, underage, criminal investigation, internal affairs bodies, juvenile affairs units.

Criminal trial, criminalistics, forensics, operatively-search activity
N.E. Sorokoletova postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: sorokoletova.natalia.1993@mail.ru

    • The author of the article examines various points of view on the definition of the concept of an operationalsearch measure «research of objects and document». Namely, the definitions proposed by Russian scientists, as well as those enshrined in the laws «On operational-search activities» of various countries, are being studied. A comparative analysis of the operational-search activity «research of objects and documents» with a forensic examination is carried out. The logical rules are indicated, in accordance with which the solution of the problem is carried out, aimed at building the concept of an operational-search measure «research of objects and documents», since the structure of the concept is one of the main factors affecting the correct reflection of its content. A number of essential features have been identified, which, in the author’s opinion, should reflect the definition of the concept. On the basis of the study of the existing concepts of the operational-search measure «research of objects and documents», its definition was clarified. Key words: concept, research of objects and documents, operational-search activity.

Criminal trial, criminalistics, forensics, operatively-search activity
E.I. Tretyakova, Candidate of Juridical Sciences, assistant-professor East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: eit20@mail.ru;
V.S. Krapivin Forensic Center of the Ministry of Internal Affairs of Russia in the Irkutsk Region E-mail: krapivin1989@bk.ru

    • In view of the significant spread of the facts of motor vehicle fires and the need to establish the causes, the tactics of conducting an inspection of a burnt-out vehicle becomes particularly relevant. The process of collecting traces of a crime involves complex and interrelated stages of their search, fixation, packaging and removal. Omissions when working at the fire site, disordered and unsystematic actions during the inspection of the fire object lead to irreversible consequences in the form of loss of trace information. In this regard, the question of the need to improve the quality of the inspection of the fire object is particularly acute. In the article, based on the analysis of practice (investigative and forensic units of the Ministry of Internal Affairs of Russia), recommendations are given for the inspection of such a fire object as a vehicle. Key words: vehicle, the investigative inspection of the vehicle, the object of the fire, the fire, the traces of the crime, specialist.

Criminal trial, criminalistics, forensics, operatively-search activity
V.S. Udovichenko Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: viktorudovichenko@yandex.ru;
S.A. Sorokina Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: 2000ssa07@mail.ru

    • The article is devoted to one of the debatable problems of criminal procedural law from the theoretical and practical sides, namely, it analyzes the features and problems of withdrawal and inspection of electronic media and information in pre-trial proceedings. Particular attention is paid to the definition of the concept of «electronic medium». The authors proposed legislative changes of a recommendatory nature, aimed at improving the activities of investigators and interrogators when working with electronic information carriers, as well as the observance, protection and implementation of constitutional rights and freedoms of participants in criminal proceedings. Key words: electronic storage medium, withdrawal, specialist, material evidence.

Civil relations
I.I. Algazin, Candidate of Juridical Sciences Siberian Law University E-mail: Igor_algazin@mail.ru;
Yu.B. Lavrov, Candidate of Juridical Sciences Siberian Law University Е-mail: y.b.lavrov@gmail.com

    • The authors of the article raise the question of the possibility of expanding the list of circumstances that exempt from liability in connection with causing harm as a result of activities that pose an increased danger to others. Within the framework of this work, the positions that have developed in law enforcement practice on the issue under study, including examples from judicial practice, are analyzed, the opinions of scientists in the field of civil law on the issues under study are analyzed. The study concludes with proposals for resolving emerging problems in connection with the possibility or impossibility of attributing certain circumstances to the grounds for exemption from liability in connection with harm as a result of activities that pose an increased danger to others. Key words: grounds for exemption from liability, force majeure, source of increased danger, intention of the victim, gross negligence of the victim, obligations due to harm, tort obligations.

Civil relations
V.N. Gavrilov, Candidate of Juridical Sciences, assistant-professor Saratov State Law Academy Е-mail: vladimirrgavrilov@rambler.ru;
M.D. Bazhenova Saratov State Law Academy Е-mail: mari.bazh3nova@yandex.ru;
A.I. Selyutina Saratov State Law Academy Е-mail: nassel2627@gmail.com

    • The formation and development of leasing relations in the Russian Federation are analyzed in the research. The leasing definitions, the classification of its forms, the concepts of subjects, their rights and obligations are given. The analysis of leasing relations at the international level is carried out, the pros and cons of leasing both in Russia and in number of foreign countries (Germany, the USA, Japan) are revealed. The purpose of the work is to analyze leasing and develop proposals for improving legislation for the successful development of the leasing business with minimization of risks for the subjects of the agreement or their complete absence in the future. As a result of the research work, the necessity of leasing licensing returning is proved, as the procedure caт enable to minimize a lawlessness of leasing deals. Moreover, not only the subject but the term of the contract and its price as the essential conditions of the lease agreement are considered. The regulation of the refusal of a leaseback is suggested as there is a mechanism of abuse of rights in the sphere of financial operations (what is a basis to invalidate contracts) in its structure. The position of leasing as a bilateral deal is endorsed by the authors. Key words: property, leasing, lease payments, lessor, lessee, business entities, lease agreement, property rights.

Civil relations
E.P. Glebova postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: glebovaep@mail.ru

    • The author considers the alleged ways of protecting property rights and interests of victims as a result of fraudulent actions committed by concluding loan agreements on their behalf from the point of view of legal justification and feasibility. It is concluded that the proper way to protect the rights of these persons is to make a demand for the recognition of such an agreement as not concluded. The above conclusion is justified by the fact that, in accordance with the provisions of the current legislation, an agreement is an agreement between two or more persons who have expressed in the proper form their will to establish, change or terminate civil rights and obligations. When the person named by the party to the transaction, in fact, in any form, did not express his will for the emergence of the loan agreement, did not want the onset of legal consequences in the form of characteristic rights and obligations, respectively, there was no intellectual and volitional element of the transaction on the part of the borrower, then the agreement cannot be considered prisoners. Satisfaction of the requirement to recognize the faulty credit agreement as not concluded will release the victim from the obligation to pay funds in favor of the credit institution (bank). Key words: property rights, fraud, the proper way to protect rights, termination of the contract, invalidation of the transaction, recognition of the contract as not concluded.

Civil relations
P.M. Filippov, Doctor of Juridical Sciences, professor Volgograd Academy of the Ministry of the Interior of Russia E-mail: civillaw34@yandex.ru;
A.N. Sadkov, Candidate of Juridical Sciences, assistant-professor Volgograd State University E-mail: sadkov@volsu.ru;
N.V. Kotelnikov, Candidate of Juridical Sciences, assistant-professor Volgograd Academy of the Ministry of the Interior of Russia E-mail: kotelnikov2612@yandex.ru

    • Based on the results of the study of normative legal acts regulating cadastral activities in Russia, based on the analysis of works by Russian and foreign scientists devoted to the specifics of providing cadastral services to the population, the authors defend the thesis about the need for further development of digital technologies in the field of cadastral activities, which will ensure greater accessibility of cadastral services to the population by reducing the cost of their provision, simplify access to legally relevant information, ensure «transparency» of mechanisms for providing cadastral services and, as a result, reduce the corruption component in the activities of persons providing cadastral services. Key words: cadastral service, cadastral works, registration of rights to immovable property.
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