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

State and legal regulation public relations
V.V. Agafonov, PhD. (Candidate of Juridical Sciences) Institute of State and Law of University of Tуumen

State and legal regulation public relations
E.S. Anichkin, PhD. (Doctor of Juridical Sciences), assistant-professor Altai State University E-mail: rrd231@rambler.ru;
A.A. Serebryakov Altai State University Е-mail: goodwrong@gmail.com
  • Strengthening international scientifi c and scientifi c-technical cooperation in modern conditions is considered as one of the main factors for the sustainable development of the state and the foundation for the development of the economy of an innovative type. At the same time, the sphere of international scientifi c and scientifi c-technical cooperation is positioned by the authors as an independent branch of international public law. The signifi cant potential of the Shanghai Cooperation Organization in the development of regional international scientifi c and scientifi c-technical partnership is noted. The regulatory legal framework of the Shanghai Cooperation Organization and other international instruments are analyzed in detail in order to determine the principles of the legal regulation of scientifi c and scientifi c-technical cooperation of regional international organizations. The authors propose a system of these principles, including the basic principles of international law (lex generalis), sectoral principles of legal regulation of international scientifi c and scientifi c-technical cooperation (lex specialis), interior principles of legal regulation of international scientifi c and scientifi c-technical cooperation (lex internus). Key words: international scientifi c and scientifi c-technical cooperation, branches of international public law, Shanghai Cooperation Organization.

State and legal regulation public relations
M.V. Kaschaeva, PhD. (Candidate of Historical Sciences) Altai State University E-mail: mirra2407@mail.ru
  • he practice of countering extremist activity has caused the need to revise and expand the legal norms regulating the issues of freedom of conscience and religion. The adoption in 2017 of the Federal Law № 374, better known as the «Ozerov-Yarovaya Package», caused a mixed reactions in Russian society. Human rights organizations made a statement that the adopted legislation violates human rights and certain norms of the Constitution of the Russian Federation. The negative assessment of these norms by members of the Public Chamber of the Russian Federation complicated the practice of perception of new legal norms. This circumstance is caused by a number of prohibitions and new regulations of missionary and creedal activity of religious organizations. On the contrary, law enforcement offi cials, whose sphere of activity includes the duties of preventing extremism, are prone to positive assessments of the additions made to the legislation. The article presents an analysis of the adopted innovations. The author considers innovations in the context of the legislation evolution aimed at preventing extremist and terrorist activities. The article presents an assessment of the positive and negative aspects of the legal norms introduced by the Federal Law № 374. Key words: freedom of religion, missionary activity, anti-terrorism legislation, the «Ozerov-Yarovaya Package», implementation of the «Ozerov-Yarovaya Package» and its consequences.

State and legal regulation public relations
E.V. Loos postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: elev_01@mail.ru
  • The article raises the issue of public control over police activities. The author expresses the view that citizens should not be subject of the control. The author indicates a situation where the citizens under the guise of public control are carried out provocative actions against the police offi cers as one of the reasons. Such actions harm the credibility of law enforcement authorities, interfere with the normal work of police offi cers put in a ridiculous and absurd form in unauthorized circumstances, detract from their dignity. The author notes the lack of police skills to stop provocative actions and the lack of regulations in the Russian legislation, on the basis of which such suppression can be effected. To combat this phenomenon, already widespread in society, the author considers it necessary to enter into legal turnover of the concept of «police provocation», offering provocative actions qualify under Art. 20.1 «petty hooliganism» of the Code of Administrative Offenses of the Russian Federation. Key words: public control, public opinion, police activity, honor, dignity, provocative actions, rights and duties of citizens.

State and legal regulation public relations
V.S. Pletnikov, PhD. (Candidate of Juridical Sciences), assistant-professor Ural State Law University E-mail: pvs80@mail.ru;
M.S. Pletnikova, PhD. (Candidate of Juridical Sciences) Ural Law Institute of the Ministry of Internal Affairs of Russia Е-mail: maka.pletnikova@mail.ru
  • The article attempts to understand what concept «state» is for domestic theoretical studies, the concept is surveyed on the basis of the analysis of dissertations prepared during the period 2000-2018, posted on the website of the RSL. As a result, we come to the conclusion that in modern Russian legal science there are three approaches to interpreting concept «state»: the state is the power, the state is the legal organization, the state is the subject of law (legal relations). Key words: state, concept of «state», juridical science, the state – the power, subject of legal relations, the state – the corporation

State and legal regulation public relations
E.A. Titova, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: leo_bir@mail.ru
  • The аrticle is devoted to studying of a condition of legal and regulatory framework of activities on implementation of legal propaganda by internal affairs agencies. Based on the analysis of current legislation acts, the author concludes that the content and wording of the norms, in terms of legal propaganda, lead to terminological confusion and complicate their implementation in the activities of the internal affairs agencies. Taking into consideration the specifi cs of the implementation of legal propaganda by various departments of the internal affairs agencies, the normative regulation of this activity at the departmental level should cover it with both general and special regulations, refl ect the goals, principles and technology of legal propaganda. As a result, the identifi cation of problems of legal propaganda regulation in the internal affairs agencies of both a substantive and technical-legal nature, proposals are made for their solution. Key words: legal propaganda, legal and regulatory framework, the internal affairs agencies.

State and legal regulation public relations
M.P. Tishakov, PhD. (Candidate of Juridical Sciences) Donetsk National University E-mail: TMAXIM7@yandex.ru
  • The present article includes the analysis the key directions of interaction of local authorities in Donbass on counteraction to accidents on motor transport in the middle of XX century, which is based on archive materials and documents. The main focus is on the activities of the State Road Safety Units, party and Soviet bodies to combat traffi c accidents. The state of road traffi c safety in the territory of Donbas and the dynamics of road traffi c accidents are analyzed. The main directions of road traffi c accident prevention, their effi ciency and legal basis are considered in detail. The author analyses the main trends and directions of preventive and administrative-legal activities in the outlined chronological and territorial framework for the effective functioning of the system of road safety at the regional level, on the example of Donbas. The means and methods of counteraction to road traffi c accidents, which are also relevant for the present, are reported. Key words: the State automobile inspection, local authorities, a safety of traffi c, road-accident, accident rate.

State and legal regulation public relations
B.A. Fedulov, PhD. (Doctor of Pedagogical Sciences), professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: fedulovb@mail.ru
S.V. Kalinin Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: info@buimvd.ru;
A.A. Levchenko Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: info@buimvd.ru
  • The article clarifi es the nature and content of the state of emergency in modern conditions. It reveals the tasks and activities that affect the degree of legality and effectiveness of entities that provide the support in terms of emergency in various emergency situations. The author suggests directions for improving the legal framework and organizational measures for regulating the activities of internal affairs agencies while providing support in terms of emergency. Key words: emergency, state of emergency, legal regulation, public security, protection of public order, freedom and rights of citizens.

Administrative law and administrative process
R.Yu. Avrutin, PhD. (Candidate of Juridical Sciences) Saint Petersburg University of the Ministry of the Interior of Russia E-mail: roman-967@mail.ru
  • This article outlines the main elements of the control system in the Internal Affairs Agencies, its tasks and functions. The legal status of an emergency control centre of the Internal Affairs Agencies and its place in the control system of the Internal Affairs Agencies are disclosed. New information solutions are considered that are being introduced into the activities of units of the Internal Affairs Agencies – united data system of the Ministry of the Interior of Russia. Recommendations are made on improving the technical equipment of emergency control centres, taking into account the deployment of elements of the united data the Ministry of the Interior of Russia in the territorial bodies of internal affairs and emergency control units; on the need for professional training and retraining of emergency control centres staff in educational organizations of the system of the Ministry of the Interior of Russia with their subsequent training in the territorial bodies of the Internal Affairs Agencies and result evaluation; on the creation in educational organizations classrooms (polygons) equipped with computers to use in practical training united data system of the Ministry of the Interior of Russia. Key words: Emergency Control Centre, police, control system, competence, functions, information technology, united data system, service of Emergency Control Centre support activities.

Administrative law and administrative process
M.A. Buchakova, PhD. (Doctor of Juridical Sciences), assistant-professor Omsk Academy of the Ministry of Internal Affairs of Russia E-mail: mbuchakova@mvd.ru;
A.A. Gaidukov, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: gaidukow28@mail.ru
  • The article presents the features of the police use of administrative and legal measures necessary to prevent offenses in the family law matters. The application by the police of administrative and legal measures of restraint is due to the presence of an established event of an offense, their execution occurs through direct intervention of the subject of administrative authority in the actions of the offender. The authors of the article point out that enforcement action must be commensurate with the danger degree of the unlawful act being committed and are a response measure to counter it. According to the authors, the integrated use of administrative measures, including measures of enforcement and persuasion, will create the necessary legal conditions to eliminate the threat to personal safety of citizens and improve organizational and tactical actions of police offi cers to prevent and combat offenses in the family law matters. Key words: threat to personal security, domestic confl ict, measures of mental, physical, material coercion, forms of preventive action.

Administrative law and administrative process
N.E. Egorova postgraduate student of Management Academy of the Ministry of the Interior of Russia Е-mail: egorova_nata@mail.ru
  • The constituent entities of the Russian Federation have the right to independently carry out legal regulation of public relations, including the fi eld of public order protection. Regional laws, being the legal basis for the police activities, create additional guarantees for the protection of the participants’ interests in legal relations. Analysis of law enforcement practice of the internal affairs agencies (police) in the process of execution of administrative delictual legislation in this area revealed a number of problems related to the implementation of administrative jurisdictional powers and the implementation of preventive activities. The author formulates a number of recommendations: creation of a model law establishing administrative responsibility in the fi eld of public order protection at the level of the constituent entity of the Russian Federation; addition of the legal basis for the administrative supervision establishment, extension of the period and (or) establishment of additional administrative restrictions to supervised persons by including in it the administrative corpus delicti, responsibility for which is established by regional laws in the fi eld of public order protection. Key words: laws of subjects of the Russian Federation in the fi eld of protection of public order, administrative activity of police. prevention of offenses.

Administrative law and administrative process
A.G. Nikolaev, PhD. (Candidate of Juridical Sciences), assistant-professor Management Academy of the Ministry of the Interior of Russia E-mail: alnikpravo@rambler.ru;
N.N. Grekov Management Academy of the Ministry of the Interior of Russia E-mail: n.grekov@list.ru
  • The article deals with the peculiarities of administrative supervision by the police. Administrative supervision of the police is now of particular relevance, as it is one of the ways to ensure the security of the state, an effective mechanism for protecting the rights of citizens and the legitimate interests of legal entities in the face of signifi cant political and economic changes caused by global trends. Key words: public security, public order, administrative supervision, types of administrative supervision, internal Affairs agencies, police.

Criminal law, criminology, criminal and executive right
R.M. Bayramov postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: rusa.bairamov.1979@gmail.com
  • The article deals with issues of criminal legal status of employees of internal affairs agencies in relation to situations when they act as special subjects of crimes committed by offi cials. The author substantiates the derivativeness of criminal law status of an internal affairs agencies employee from its general legal (administrative) status, shows the complex nature of the general legal status and its transformation into the criminal legal status of a government offi cial. A solution is proposed to the issue of the criminal law status of cadets and students of educational organizations of the system of the Ministry of the Interior of Russia; it is concluded that, due to the fact that they have the status of a police offi cer, cadets are also representatives of the authorities and special subjects of offi cial crimes at the level of the criminal law. In addition, the necessity of exclusion from Criminal Rule 63 of the Criminal Code of the Russian Federation of aggravating circumstances «the commission of an intentional crime by an employee of the Internal Affairs Agencies». Key words: special subject of crime, offi cial, representative of the authorities, employee of internal affairs agencies, police offi cer, law enforcement authorities, aggravating circumstance.

Criminal law, criminology, criminal and executive right
O.V. Ermakova, PhD. (Candidate of Juridical Sciences) assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ermakova_alt@mail.ru
  • The article presents the concept of the mechanism of a criminal act, which has become widespread in the criminological science framework. This concept has not been covered in criminal law science, however, as it appears in the work, it has an unquestionable value. Studying the development of criminology, the author identifi es the most essential features of the commission of crime mechanism. On the basis of the data obtained, the author constructs the concept of a mechanism for the purposes of the criminal law science. The author shows diversity between the concepts «crime» and «committing a crime mechanism». Developing the concept of the criminal act mechanism, the author presents an analysis of several aspects: objective and legal. Special attention in the work is paid to the infl uence of the criminal act mechanism on the process of creating the structure of the corpus delicti. In addition, in the fi nal part of the study, the author highlights the importance of the criminal act mechanism for the criminal law science and the criminal legislation improvement. Key words: criminal act mechanism, completed crime, criminal law science, creating the structure of corpus delicti.

Criminal law, criminology, criminal and executive right
T.A. Plaksina, PhD. (Doctor of Juridical Sciences), assistant-professor The Russian Presidential Academy of National Economy and Public Administration, Altai branch
M.Kh. Mataeva, PhD. (Doctor of Juridical Sciences) The Kazakh Humanitarian Law Innovative University
  • The article is devoted to the analysis of the conditions for the occurrence of criminal law consequences of non-payment of a judicial fi ne, appointed as a criminal law measure. Such consequences include a judicial fi ne abolition and the suspension of the criminal prosecution limitations. The condition of the occurrence of the fi rst of these consequences is formulated in the legislation unlawfully. As a result, there is no clarity on the question what exactly the cancellation of a judicial fi ne creates: only non-payment in the absence of valid reasons (court fi ne non-payment) or non-payment regardless of the reasons. The condition for the ensuing of the second criminal law consequences (suspension of the criminal prosecution limitations) is clearly defi ned in the Criminal Code of the Russian Federation – court fi ne non-payment. However, the implementation of this effect is not regulated in the law. Key words: liberation from criminal responsibility, court fi ne, court fi ne non-payment, delinquency in court fi ne payment, reversal of court fi ne.

Criminal law, criminology, criminal and executive right
S.V. Rozenko, PhD. (Candidate of Juridical Sciences), assistant-professor Yugra State University E-mail: rozenko_sv@mail.ru
  • The article analyzes the conceptual aspects of the development of the criminal punishment institute established by the «Criminal Law Guidelines of the RSFSR», issued in 1919, as the fi rst criminal act of the Soviet state, created under conditions of civil war, based on the law principles of Marxist-Leninist ideology. Guiding principles were instructive, explanatory. The institute of punishment was consolidated as a criminal repression due to the class approach. For the fi rst time, the defi nition of punishment was formulated by law; its tasks and distinctive characteristics were indicated; an approximate list of types of criminal penalties was provided; the method of uncertainty of criminal law sanction was introduced; grounds for relief from criminal responsibility and punishment were established. The systematization of criminal repression measures applied by the Soviet state was carried out in the form of a statement of the punishments types from the mildest to the most severe ones, some of which were borrowed from other law branches. Key words: criminal sanction, system of punishments, «Criminal Law Guidelines of the RSFSR», issued in 1919.

Criminal law, criminology, criminal and executive right
E.Z. Sidorova, PhD. (Candidate of Juridical Sciences) East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: ketrik6@mail.ru
  • The article reveals the theoretical issue of criminological security of educational organizations. The defi nition of this concept is given; three key features are indicated: criminological security of educational organizations is included into the public security category; criminological security of educational organizations is criminological security aimed to protect against threats of a criminal and criminogenic nature; this type of criminological security affects various educational organizations and their elements. Articulating the concept, the author denotes fi ve blocks of questions that are included in the subject of criminological security of educational organizations. The article introduces the concept of a subject of educational organizations’ criminological security, provides examples. The author draws attention to the fact that there are a large number of such subjects. Special attention is paid to the teacher, their duties in the fi eld of students’ safety. The subjects’ problems while performing protective functions are analyzed. Key words: criminological safety, safety of educational organizations, subject of criminological safety, students’ protection, public safety.

Criminal law, criminology, criminal and executive right
A.M. Shchukin, PhD. (Candidate of Juridical Sciences), assistant-professor Moscow University of Finance and Law MFUA E-mail: sh.am@bk.ru;
G.A. Shchukina NRI of the Ministry of Interior of the Russian Е-mail: ga_shukina@mail.ru
  • The article refl ects the criminological analysis of the drug situation in the Russian Federation, on the basis of which the priorities of the internal Affairs agencies to combat crime related to drug traffi cking. Key words: criminological analysis, crime in the fi eld of drug traffi cking, counteraction to crime.

Criminal trial, criminalistics, forensics, operatively-search activity
I.V. Bandorina Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia E-mail: i.bandorina@yandex.ru
  • The article deals with the issues of effectiveness of the economic security units’ functioning and anticorruption. The author suggests organizing analytical work aimed at collecting and processing information related to the activities of economic units – participants of federal (regional) dedicated programs. Carrying out this work may be assigned to the expert auditors of economic security and anti-corruption units. Information support of these specialists is based on the principle of independent analysis of the Internet data store. Of particular interest are data-retrieval systems specially developed for the purpose of identifying signs of illegal activity. Key words: crime in construction industry, analytical work of the Internal Affairs Agencies, documentary research units, methods of economic and criminalistical analysis, integrated data-retrieval systems.

Criminal trial, criminalistics, forensics, operatively-search activity
A.P. Borovikov Moscow Academy of the Investigative Committee of the Russian Federation E-mail: yodax1987@mail.ru
  • The established stereotype «no corpse – no case» has now lost its relevance. Inspectors of the Investigative Committee of the Russian Federation successfully go to court with criminal cases in the absence of the victim’s corpse, however, this does not deprive the investigator of one of his primary tasks – the search for the victim’s corpse. The key to successful search activities is the proper interaction of the investigator with other units and organizations. In our research organizations are established with which investigators interact regularly during the investigation of «no-corpse» killings, as well as the results of such an interaction. Based on the analysis of criminal cases and questionnaires of the staff of the Investigative Committee of the Russian Federation, the author develops a procedure and algorithm for the investigator’s interaction with other organizations. Key words: unknown disappearance, corpse, destruction, search, measures, interaction, victim.

Criminal trial, criminalistics, forensics, operatively-search activity
E.A. Vasiljev, PhD. (Doctor of Juridical Sciences), assistant-professor NRI of the Ministry of Interior of the Russian E-mail: vea62@rambler.ru;
N.N. Dyachenko, PhD. (Candidate of Juridical Sciences) NRI of the Ministry of Interior of the Russian Е-mail: pilokarpos@gmail.com
  • The article consideres the work carried out in the system of the Ministry of Internal Affairs of Russia to prevent the discreditation of personnel, taking into account the positions of scientists dealing with the problems of operational investigative prevention, regulatory legal framework, as well as existing practice. The subjects, carrying it out, are considered and author’s classifi cation of the measures taken by them is offered. A fi nal conclusion is made on the formation within the framework of the institute of operationalpreventive activities of the internal affairs agencies of a direction aimed at preventing the discrediting of personnel, which is to be implemented by the operational units of the internal affairs agencies. Key words: counteraction, law-enforcement bodies, discredit, divisions of own safety, prevention, prevention.

Criminal trial, criminalistics, forensics, operatively-search activity
A.G. Zadorov, PhD. (Candidate of Juridical Sciences) Volgograd Academy of the Ministry of the Interior of Russia E-mail: zadorexpert37@mail.ru
  • The article is devoted to a problem of theoretical and applied importance – the differentiation of material traces of crimes of the manufacture of false documents as carriers of forensically signifi cant information about the circumstances of the commission of such acts. The author regards the material traces of crimes related to the manufacture of false documents as changes in the material environment, expressed primarily in the form of forgery signs contained in the seized documents, as well as devices and materials used in the manufacture of these objects. The article notes that these traces carry information about an unregulated method of manufacturing doubtful documents, instruments, devices, objects and materials used in the process of production, and, indirectly, about professional skills of the manufacturer of the false document. The importance of methodologically grounded differentiation of material traces in the development of the optimal tactics of investigative actions is noted. Key words: traces of crimes, differentiation of traces, forged documents, forensic information.

Criminal trial, criminalistics, forensics, operatively-search activity
A.M. Kosenko postgraduate student of Moscow Academy of the Investigative Committee of the Russian Federation E-mail: Kosenko_am@mail.ru
  • Legal regulation of the authority to appoint a forensic examination at the stage of initiating a criminal case has no signifi cant shortcomings that prevent or complicate its implementation. However, the rule, stated in part 1 of 144 of the Code of Criminal Procedure, on satisfaction of petition for the appointment of a repeated or additional expert examination is devoid of scientifi c justifi cation, contradicts the principle of freedom of evidence, negatively affects law enforcement, and therefore, according to the author, is subject to exclusion from the criminal procedure law. From the practice analysis and theoretical views, it follows that the appointment and performance of forensic examination at the stage of initiating a criminal case is aimed at establishing signs of a crime, is not accompanied by government coercion, does not limit the personal rights of citizens, and therefore the grounds for involving participants at the stage of initiating a criminal case in the relationship for the appointment and performance of examination are absent. Key words: initiation of a criminal case, judicial examination, authority, coercion, status, petition.

Criminal trial, criminalistics, forensics, operatively-search activity
A.L. Khan, PhD. (Candidate of Juridical Sciences), assistant-professor the Karaganda Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan named after Barimbek Beysenov;
T.S. Bindyukova the Karaganda Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan named after Barimbek Beysenov
  • The article is devoted to the novels of the criminal proceedings of the Republic of Kazakhstan in relation to the new procedures of pre-trial investigation, limited by the Code of Criminal Procedure of the Republic of Kazakhstan, issued in 2014, to the framework of suspicion proof. The authors consider the correlation between the defi nitions of “suspicion” and “accusation” and analyze the procedural status of the main participant of the institutions considered – the accused. An attempt is made to provide a theoretical justifi cation for the possibility of the appearance of the accused at the investigation pretrial stages, provided that their status is established at the stage of its completion by the indictment affi rmance by the prosecutor. Proposals of a theoretical and applicable nature are made that are associated with different interpretations of the law norms. Key words: criminal procedure, pre-trial investigation, criminal prosecution, investigator, prosecutor, suspect, accused.

Civil relations
V.V. Gritsenko, PhD. (Doctor of Juridical Sciences), professor Voronezh State University E-mail: vvgritsenko@mail.ru;
V.V. Mazurin, PhD. (Candidate of Juridical Sciences), assistant-professor Bryansk State University of the Academician I.G. Petrovsky E-mail: mazur2v2v2@mail.ru
  • The article considers the relationship between the digital economy and private fi nance, its role for the state and the country’s population. The article studies both the already accomplished infl uence of digital technologies on the legislative basis in the sphere of fi nance, and the possible infl uence in the future. It is proposed to equalize citizens throughout the Russian Federation in the possibility of legalizing the income received from professional activities and the use of appropriate digital technologies. Key words: private fi nance, public fi nance, digital economy, monetary funds, digitization, legalization, tax, professional activity.

Civil relations
A.A. Kochneva postgraduate student of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia E-mail: nasyash18@gmail.com
  • The author of the article analyzes the nature and various characteristics of the protection of absolute legal relations with plurality of persons. The study of such a sign of protection as absolutism, its ambiguity and duality is undertaken, objective relationship of this feature with the nature of the absolute legal relations is emphasized. The article also names other essential features and qualities by which it is possible to identify the considered protection as an independent legal unit. Consideration of individual examples of legal relations with plurality of persons reveals the psychological orientation of protection, as well as its subjectivity and relationship with the personality. The author highlights the main disadvantages of protection on the example of specifi c types of absolute legal relations with plurality of persons, in particular, on the example of the implementation of absolute rights in the global Internet. The article also emphasizes the ambiguity of the internal content of the phenomenon under study and the need for its in-depth study. Key words: legal protection, absolute legal relations, absolute rights, absolutism, plurality of persons, psychological orientation of protection, subjectivism.

Civil relations
N.I. Minkina, PhD. (Candidate of Juridical Sciences), assistant-professor The Russian Presidential Academy of National Economy and Public Administration, Altai branch Е-mail: natim1@mail.ru
  • The article is devoted to the study of legal regulation of workers’ certifi cation. The author considers as legislative defi ciencies the fragmentation and partly gaps in the standards for workers’ certifi cation in certain categories, as well as the absence of general requirements directly to the procedure for its implementation. The current local practice of regulating the workers’ attestation is highly ambiguous and controversial from the point of view of their judicial interpretation. This leads to the need for clear legislative regulation of the issues under consideration, in particular, the article gives reasons for the importance of establishing in law a general minimum state guarantees when conducting workers’ certifi cation. It is proposed to make a number of changes in the Labor Code of the Russian Federation: the new edition of paragraph 3 of Part 1 of Article 81, the organic consolidation in Article 195.1 of the concept of workers’ certifi cation and the designation in the provisions of the new Article 195.4 of the basic and general requirements on the procedure for certifi cation of all categories of workers. Key words: employee certifi cation, qualifi cation, professional standards, employer, internal policies and procedures.

Civil relations
E.N. Sabyna, PhD. (Candidate of Economic Sciences) Altai State University;
S.V. Melkozerova Social Services Offi ce on the Zheleznodorozhnyj district of Barnaul

Civil relations
G.B. Fedorenko Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: galgofe@mail.ru
  • The study analyzes some stipulations of the draft law No. 134447-7, submitted for consideration by the State Duma of the Russian Federation in December 2018, from the point of view of protecting or violating the workers’ labor rights, as well as the possibilities of abuse of rights by both workers and the employer. Trends in the legal regulation of hired labor by foreign states are considered in relation to the refusal to use a non-standard working day as a type of special working time schedule. Key words: draft law, work out of whack, special working regime, violation of labor rights, abuse of rights, necessity, episodic.
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