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

State and legal regulation public relations
N.I. Biyushkina, Doctor of Juridical Sciences, professor National Research Lobachevsky State University of Nizhny Novgorod E-mail: asya_biyushkina1@list.ru
  • The article considers theory of police state and law in the context of modern digitalization issues. The author concludes that the digitalization process and the theory of the police state have similar features. However, the informatization of public relations, as well as the activities of law enforcement agencies in a police state, leads to total control over the lives of citizens, which helps to limit their rights and freedoms. Key words: theory of police state and law, digitalization, digital development model, information society,

State and legal regulation public relations
D.R. Zaynutdinov, Candidate of Juridical Sciences, assistant-professor Kazan Innovative University named after V.G. Timiryasov (IEML) Е-mail: knight_1988@mail.ru
  • The article is devoted to the development of the Russian constitutionalism in the framework of liberaldemocratic ideas during the Revolution of 1917 and the Civil War in the years 1918-1920. The author tracked the transformation of constitutional ideas in the East and South of «white» Russia in the process of research. Special attention was paid to the views of lawyers and politicians of the «white» statehood. The basis of this study was the historical-legal method, which allowed examining the stages of formation of constitutionalism in the period under review. In conclusion, the author summarizes the development of constitutionalism in Russia from February 1917 to January 1918 and from September 1918 to November 1920. Key words: liberal democracy, constitutionalism, Revolution of 1917, civil war, dictatorship, «white» mode, «white» statehood.

State and legal regulation public relations
S.V. Moiseev, Candidate of Historical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: moiseev-tpg@rambler.ru
  • People’s Republic of China is currently one of the leading world powers with progressive development in all spheres of society. The embrace of China is associated not only with high-level achievements in the field of economics, but also with the successful implementation of various options for resolving large-scale and acute issues by this state, for example, the demographic problem. The traditional family organization of the Chinese, which became involved in the process of social modernization in the second half of the 20th and the beginning of the 21st centuries, has undergone significant changes and the problem of overpopulation has been largely resolved. Studying the activities of the state in the field of the institution of marriage and family is important for understanding the processes occurring in any state and society, taking into account trends and possible development prospects. Key words: People’s Republic of China, demography, marriage, family, legislation, law, domestic policy, reform, responsibility.

State and legal regulation public relations
O.D. Ovchinnikova, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: olesya901@mail.ru;
А.М. Shaganyan, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: sha-anneta@mail.ru
  • The article relates the categories of ideal, legal and «electronic state». The authors emphasize the lack of a clear theoretical study of the concept and features of «electronic state». The positive aspects of this phenomenon and problematic issues related to the implementation of «electronic state» in the modern Russian reality are analyzed. The process of creating not only «e-government», but also «e-parliament» and «e-justice» is analyzed. The author’s definition of the studied category is formulated. Key words: state, ideal state, legal state, electronic state, law, population, human rights, political rights, e-government, e-parliament, e-justice, public services, informatization.

State and legal regulation public relations
I.D. Yagofarova, Candidate of Judicial Sciences, assistant-professor Ural State University of Economics E-mail: vaina3@yandex.ru
  • The essence of law already written quite a lot, this category is basic in the consideration of law in general. But it is worth noting that researchers mainly focus on various theories of legal understanding or use the usual class and general social approaches to the essence of law, which opens a wide field for the study of the essence of law, because this is only one of the existing positions. The purpose of this research is to analyze the essence of law in terms of what impact it has on the freedom of subjects, because this is the essence and purpose of this social regulator. The analysis identifies two most common approaches to understanding the relationship between law and freedom. During the research, we used philosophical research methods, among which the axiological method is of particular importance from general scientific research methods, we used the method of analysis, hermeneutical, comparative legal and other methods that allow us to analyze the essential characteristics of law in a more substantive and meaningful way. The result of the research is the structural and content characteristics of the designated approaches to the essence of law. In addition, their similarities were identified, which suggests that in science, the right is understood by most researchers as a measure of freedom granted, but the forms of manifestation of this measure may be different, which indicates the ambivalent nature of the right as a whole. The analysis allows us to supplement the idea of the essence of law from the position of its relationship with the category of freedom, which opens up wide opportunities for further research. Key words: essence of law, freedom, measure, human rights and freedoms, restrictions, limits.

Administrative law and administrative process
D.V. Andreev postgraduate student of Omsk Academy of the Ministry of the Interior of Russia E-mail: adv1986@rambler.ru
  • The article is devoted to the problems of remote sale of alcoholic and alcohol-containing products per Internet. Currently, the issues of legalizing of remote sale of alcoholic beverages are very topical and debatable. The author of the article identifies two points of view on this problem, leads some conclusions based on the analysis of statistical data, committed crimes and administrative offenses while intoxicated and results of other studies of this problem. The actual object of the research is the issue of public relations that develop during the turnover of alcohol products per Internet, as well as administrative responsibility for minor torts in the global information network. Key words: legalization of remote sale of alcohol and alcohol-containing products, law enforcement, alcohol products, alcohol-containing products, responsibility for sale of alcohol products per Internet.

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;
E.V. Elfimova, Candidate of Juridical Sciences, assistant-professor Ural State University of Economics E-mail: elfimovaav@mail.ru
A.V. Korkin, Candidate of Juridical Sciences, assistant-professor Ural State University of Economics E-mail: andreikorkin@mail.ru
  • The scientific importance of the article lies in the fact that the specificity of administrative-legal mechanism for ensuring economic security in the Russian Federation examined from the viewpoint of the general theory of the mechanism of legal regulation, analyzed the characteristics of administrative legal relations in this sphere are defined and classified the main entities that support the economic security of the state. The authors conclude that the largest volume of legal norms regulating economic security is contained in subordinate administrative legal acts. Key words: administrative and legal regime of economic security, administrative and legal norms, administrative and legal relations, mechanism of administrative and legal regulation, economic security doctrine, subjects of economic security, economic security strategy.

Administrative law and administrative process
I.A. Gumarov, Candidate of Juridical Sciences Kazan Law Institute of the Ministry of Internal Affairs of Russia Е-mail: ilnur_gumar@mail.ru;
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
  • Issues of bringing persons to responsibility for illegal traffic of alcoholic and alcohol-containing products have always been and remain quite relevant for the internal affairs bodies of the Russian Federation. Certain legal and organizational gaps discussed in this article make it difficult to bring perpetrators to criminal or administrative responsibility for illegal traffic of alcoholic and alcohol-containing products. As a result, the probability of poisoning citizens with low-quality alcoholic products increases. The authors of the article suggest the ways to improve the activities of internal affairs bodies to bring perpetrators to responsibility for committing illegal acts in the field of illegal traffic of alcoholic products, including both amendments to regulatory legal acts and optimization of the activities of officials of internal affairs bodies who exercise their official powers in this area. Key words: administrative liability, criminal liability, alcoholic and alcohol-containing products, operational search measures, turnover of counterfeit alcoholic products, initiation of an administrative offense.

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;
I.V. Medvedev, Candidate of Pedagogical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: medwedew514641@mail.ru
  • The article deals with the legal and organizational issues of the use of external inspection as a measure of administrative coercion. The problematic issues of normative legal regulation of external inspection of a detained person, the main purpose of which is the safety of police officers and other persons are considered. The analysis of the current regulatory legal acts affecting the production of external inspection, as a result of which it was noted that there are no legal norms in the legislation of the Russian Federation, on the right of police officers to conduct external inspection. Based on the analysis of regulatory legal acts, the conclusion is drawn that there is insufficient guarantee of the safety of police officers in the performance of their official duties. A solution to this problem is proposed by introducing changes in the legislation, as well as in the departmental order of the Ministry of Internal Affairs of Russia to optimize the technique of conducting external inspection. Key words: police, the problem of normative legal regulation, external inspection, detainee, personal safety of police officers.

Administrative law and administrative process
V.V. Malchenkova, Candidate of Pedagogical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: malchenkovev@mail.ru;
E.V. Malchenkov, Candidate of Pedagogies Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: malchenkovev@mail.ru;
А.А. Likhova Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: alenalichova@mail.ru
  • This article explores a certain range of problems devoted to the legal regulation of the treatment of people with animals, and also suggests possible solutions to existing and requiring the elimination of gaps and shortcomings in this area. The specificity of the problem of cruelty to animals is determined by the diverse nature of information about existing facts of illegal behavior, as well as a high level of latency. The relevance of the topic under discussion is very high, because almost every day we encounter cases of bullying of animals by people, it is alarming that most of these acts in relation to animals are committed by children and adolescents. Such behavior cannot be perceived as «harmless childish pranks», because all this affects the psyche and the formation of personality, contributes to a stronger manifestation of aggression and cruelty, which, with impunity for such behavior, leads to the commission of violent crimes against people. Key words: animals, animal cruelty, criminal liability, administrative responsibility, public morality, problems, ways of improvement.

Administrative law and administrative process
O.O. Popova Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: olga250793@mail.ru
  • The prevention of recidivism is one of the priority tasks of internal affairs bodies of the Russian Federation. Administrative supervision, which has proven its historical significance, is a key mechanism for combating recidivism. The effectiveness of the implementation of the provisions of regulatory legal acts governing the procedure for administrative supervision of persons released from detention facilities directly depends on the qualified actions of employees of internal affairs bodies. This paper is devoted to the problems of implementing legislation on administrative supervision of persons released from detention facilities. Reasons for law enforcement officers violating the requirements for legislation on administrative supervision of persons released from detention facilities have been identified. The ways of solving certain problems arising in the practical activities of the local district police chief during administrative supervision of the category of persons stated above are indicated. The paper provides relevant statistics on the number of persons under supervision and on the number of persons formally subject to administrative supervision. Key words: internal affairs bodies, local district police chief, recidivism, administrative supervision, supervised persons, persons formally subject to administrative supervision, released from detention facilities, preventive work with individuals.

Administrative law and administrative process
A.E. Сhechetin, Doctor of Juridical Sciences, professor, Honored Lawyer of the Russian Federation Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: achechetin@mail.ru;
I.D. Shatokhin, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: sha_to_hin@mail.ru
  • The article examines the question of the legality of the use of administrative and legal procedures in operational-search activities when conducting operational-search activities aimed at red-handed detention of persons who commit crimes. The analysis of the materials of complaints to the constitutional Court of the Russian Federation revealed the prevalence of administrative and legal procedures in operational-search activities when detaining red-handed persons who commit a crime and typical methods of applying these coercive measures, and gave specific examples of violations of individual rights. The article also provides the legal position of the Supreme Court of the Russian Federation on the legality of the use of administrative detention and search of the accused. Based on the legal positions of the constitutional Court of the Russian Federation, it is concluded that administrative detention and search are inadmissible in the course of operational-search activities and that it is necessary to use exclusively criminal procedure mechanisms for detaining persons suspected of committing crimes. Key words: Constitutional Court of the Russian Federation, operational-search activities, administrative detention, personal search, ensuring the rights of citizens.

Criminal law, criminology, criminal and executive right
I.R. Begishev, Candidate of Juridical Sciences, Honored Lawyer of the Republic of Tatarstan Kazan Innovative University named after V.G. Timiryasov (IEML) E-mail: begishev@mail.ru
  • The study examines the conceptual and categorical apparatus of robotics, its criminal and legal significance, criminological risks associated with robotics, as well as issues of the general theory of qualification of crimes that can be committed using robotics. The paper highlights promising areas of legal research related to robotics and related legal regulation. The definition of robotics is justified and proposed. It is proposed to recognize socially dangerous acts committed with the use of robotics as crimes committed in a generally dangerous way, if there are grounds for this. It is concluded that the Commission of acts using robotics can in certain cases create a multiplicity of crimes in the form of a real aggregate. The author substantiates the expansion of the powers of state protection bodies, which can perform the functions of developing. Key words: robotics, digital technologies, legal regulation, criminal liability, criminology, criminological risks, robot, artificial intelligence, source of increased danger, digital economy, unmanned vehicles.

Criminal law, criminology, criminal and executive right
V.N. Borkov, Doctor of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior of Russia E-mail: borkovv@mail.ru;
I.I. Algazin, Candidate of Juridical Sciences Siberian Law University Е-mail: Igor_algazin@mail.ru
  • According to the legal position of the Constitutional Court of the Russian Federation, criminal liability is established for offenses that are inherent in a special, criminal social danger, by means of an accurate and consistent indication of their constituent elements, which make it possible to distinguish crimes from other unlawful, and even more so legal acts. Meanwhile, in the practice of applying the criminal law, there are cases when, for the correct qualification of an act, along with the establishment of signs of corpus delicti, it is necessary to take into account its public danger. An appeal to the clarifications of the Constitutional and Supreme Courts of the Russian Federation allowed the authors of the article to develop and formulate recommendations for taking into account the nature and degree of public danger of the assault during its qualification. Key words: qualification of crimes, corpus delicti, criminal public danger, nature of public danger, degree of public danger, the insignificance of the act.

Criminal law, criminology, criminal and executive right
I.V. Botvin, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: botviniv@mail.ru
  • This article examines the current trends in the criminal policy of the Russian Federation in the field of combating raider attacks, examines the gaps in the current criminal legislation that allow such a phenomenon as raiding to exist. Special attention is paid to the study of scientists ‘ proposals for improving criminal legislation in the field of countering crimes directly or indirectly related to raider attacks, and the author’s position on this issue is developed. The author comes to the conclusion that one of its priority areas of criminal policy in the field of countering raiding in Russia should be further reform of legislation in this area by developing a conceptual legal apparatus that characterizes acts related to raiding. Key words: criminal policy, raider attacks, counteraction, improvement of legislation, criminalization, reform.

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;
A.A. Koshevarov postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: koshevarov.aa@mail.ru
  • The article analyzes the actual problems of ensuring the victimological safety of internal affairs officers. The authors come to the conclusion that frequently police officers do not have sufficient knowledge of the current legislation about applying of physical force, special measures and firearms, moreover they lack in basic skills of self-defense techniques. In the author’s opinion for more efficient victimological safety, the heads of the internal affairs departments should arrange that more time within the scope of employees professional training is devoted to improving the competencies, knowledge and skills related to applying of physical force, special measures and firearms. It is also required to perform systematic checks of these employees competencies throughout professional development training programmes implementation. Key words: internal affairs officers, victimological safety, physical force, special measures and firearms applying.

Criminal law, criminology, criminal and executive right
R.A. Semeniuk, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ruslanbarnaul@mail.ru
  • The article analyzes the current problems of the spread and fight against destructive totalitarian sects that mislead people and allow violence against them. The social danger of destructive religious organizations lies not only in misleading their adherents and causing harm to them, but also in the organization by their leaders to commit grave and especially grave crimes. Leaders of destructive religious organizations, cults and associations seek to exercise control over the consciousness of their followers for their own selfish and other illegal purposes, which generates a great public outcry and causes general concern. The author comes to the conclusion that the main meaning of the work of a destructive sect is to make a profit, which is achieved by fraudulently taking money from citizens who have become adherents of a destructive cult and have suffered from their false belief in a person who has megalomania and calls himself God. The organization and development of destructive sectarianism on the territory of Russia is also a weapon against our state, which threatens or may threaten the foundations of the constitutional system of the Russian Federation, public security, the rights and freedoms of Russian citizens. An effective fight against such pseudo-religious groups will contribute to the prevention of crimes committed by their followers. Key words: destructive sects, new religious movements, the fight against sectarianism

Criminal law, criminology, criminal and executive right
S.E. Suverov postgraduate student of Omsk Academy of the Ministry of the Interior of Russia E-mail: s.suverovse95@mail.ru
  • The article analyzes the process of the appearance in the domestic legislation of a regulation providing for settlement with the injured party as a ground for exemption from criminal liability. The development of the institution of exemption from criminal liability in criminal law, as well as the principles associated with its implementation, is noted. The features of the implementation of certain provisions on reconciliation in the criminal process of the RSFSR are highlighted. The way of the adoption of the current Criminal Code of the Russian Federation is traced in terms of the appearance of a rule on reconciliation with the victim in it. The foreign experience of settlement procedures in criminal cases is considered. The author’s opinion is proposed on the influence of the legal provisions of the institution of reconciliation with the victim, established in foreign legislative systems on the criminal law of Russia. Key words: criminal liability, exemption from criminal liability, settlement with the injured party, mediation, transaction, models of settlement procedures, alternative projects.

Criminal law, criminology, criminal and executive right
P.D. Frizen, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: frizenpd@mail.ru
  • This article examines issues related to the determination the modern encroachment on the cars and other vehicles. In particular, economic, political, social, victimological, organizational and other factors contributing to the commission of these crimes are considered. Special attention is paid to the mass media, which often contribute to the formation of a criminogenic worldview among the population, which leads to the commission of various crimes by this person, including theft of a vehicle. In the course of studying the problem, the author comes to the conclusion that only on the basis of an integrated approach to the analysis of the determinants of autotheft and joyriding, it is necessary to build a program for the prevention of this type of crime. Key words: modern crime, prevention, autotheft and joyriding, factors, crime prevention.

Criminal trial, criminalistics, forensics, operatively-search activity
L.Yu. Aksenova, Candidate of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior of Russia E-mail: aksenova.leila@mail.ru
  • The article considers certain circumstances to be established for fraud in the field of lending. Judicial and investigative practice on fraud in the field of credit and theoretical developments on the establishment and proof of certain circumstances that are of key importance when making a decision to initiate a criminal case and in the course of further investigation do not always coincide. Among the most controversial issues in this segment are the problems of determining and proving the subject of the loan, the content of false and unreliable information, the content of the concepts «borrower» and «lender», the establishment of the original intent to steal credit funds. Key words: investigation of fraud in the field of credit, circumstances to be established, credit, loan agreement, borrower.

Criminal trial, criminalistics, forensics, operatively-search activity
N.V. Arsenova, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: androsenkon@mail.ru;
E.Kh. Pashayeva, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: P_elmira@mail.ru
  • The article examines certain problems that arise in pre-trial proceedings when a foreign citizen acts as a participant in criminal proceedings. The problems of an organizational and procedural nature raised by the authors are due to certain factors, which, in particular, include the language barrier, personal characteristics of a foreigner (ethnically-national, social and psychological). In this regard, there is a need to improve the criminal procedural legislation in order to ensure the full realization of the rights and legitimate interests of foreign citizens involved in the sphere of criminal proceedings, taking into account the provisions of international legislation, the Constitution of the Russian Federation. The authors propose to amend the Criminal Procedure Code of the Russian Federation in order to resolve the identified problems of law enforcement, and provides recommendations on organizing the investigation of criminal cases with the participation of foreign citizens. Key words: language of the criminal proceedings, foreign citizen, pre-trial proceedings, interpreter, request for legal assistance.

Criminal trial, criminalistics, forensics, operatively-search activity
Yu.V. Derishev, Doctor of Juridical Sciences, professor, Honored Lawyer of the Russian Federation Siberian Law University Е-mail: derishev.omsk@mail.ru;
V.S. Moklyak postgraduate student of Siberian Law University Е-mail: moklyak_vadim@mail.ru
  • This article is concerned with one of the problems of legal status of the person in relation to whom proceedings on the application of compulsory medical measures are being conducted. In 2007 the Constitutional Court of the Russian Federation adjudged such subject as a plenipotentiary participant is criminal case, who should be guaranteed with procedural rights without any restrictions. Therefore, relevant changes were implemented to the Russian Federation Code of Criminal Procedure, according to which, person under procedure as provided for in Clause 51 of the Russian Federation Code of Criminal Procedure, should be provided with the right to exercise procedural rights provided for in Clause 46 and 47 of the Russian Federation Code of Criminal Procedure, if his mental health lets him to exercise such rights. At the same time, these legislative innovations have further aggravated the law-enforcement problem of the access (denial of access) of this person to active participation in the criminal process. The questions about the subject and the grounds for making a decision on the possibility or impossibility of a person to participate in the production of investigative and other procedural actions remain essential. Key words: special proceedings in criminal proceedings, a person in relation to whom proceedings on the application of compulsory medical measures are being conducted, investigative actions, procedural guarantees, judicial control.

Criminal trial, criminalistics, forensics, operatively-search activity
S.V. Ekimcev Lukyanov Orel Law Institute of the Ministry of the Interior of Russia E-mail: oruinst-ordowd@yandex.ru
  • This article examines one of the most common and most problematic for the disclosure of the composition of property crimes today, which is fraud. In addition, qualified types of fraud have a high level of latency. The characteristics of the subjects of crimes are given, most often they are individuals who have reached the age of criminal responsibility, who have high mental abilities and developed oratorical skills. The characteristics of the most common schemes of fraudulent actions with the disclosure of the actions of persons committing crimes are given. The operational-search characteristics of fraud, the methods of its commission, which are: the seizure of the property of the owner or the acquisition of the right to someone else’s property, based on deceiving the owner of the property in various ways or on the abuse of trust, is considered. The characteristics of the victims are also given. Attention is drawn to such an element of the corpus delicti as time, which affects the tactics of the activities of employees of the internal affairs bodies to document fraud. Key words: operational search characteristics, fraud, criminal scheme, subject of crime, method of fraud.

Criminal trial, criminalistics, forensics, operatively-search activity
E.S. Kudryashova Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia E-mail: uvd95@yandex.ru
  • The article is devoted to one of the significant problems of modern pre-trial production – improving the quality and efficiency of preliminary investigation bodies, in particular, the inquiry. By the example of the analysis of changes in departmental regulatory legal acts, concerning the system of assessment of operative and service activity of bodies of inquiry, the author has drawn conclusions about the direct influence of adopted legislative acts on the reform of criteria and indicators of this assessment. At present, there is a need to change priorities from quantitative to qualitative indicators. According to the author, an important step in solving this problem will be the prompt resolution of the case by the body of inquiry, with the decision to terminate the case on nonrehabilitative grounds at the stage of preliminary investigation. To this end, it is proposed to give additional authority to the head of the body of inquiry and to change the intra-departmental criteria for evaluating the activity of the inquiry. Key words: activity evaluation, bodies of inquiry, termination of criminal case, non-rehabilitative grounds, head of the body of inquiry.

Criminal trial, criminalistics, forensics, operatively-search activity
A.A. Lukyanova Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: lok_doc@mail.ru
  • The article is devoted to the problems of the realization of the right to liberty and security of person in criminal proceedings, taking into account the legal positions of the European Court of Human Rights. The author analyzed the existing practice of the implementation of decisions of the European Court of Human Rights in the national legal system, as well as the content of certain designated law enforcement acts related to the essence of the guaranteed by Art. 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of Law. It is concluded that it is necessary to bring in accordance with Art. 1 of the Criminal Procedure Code of the Russian Federation and Art. 15, 79 of the Constitution of the Russian Federation, as well as the need for regulatory regulation of the requirement and procedure for fixing any actions to limit the right to liberty and security of person in the course of criminal proceedings, regardless of the stage and procedural position of the person. Key words: European Convention of Human Rights, European Court of Human Rights, right to liberty and security, criminal proceedings.

Criminal trial, criminalistics, forensics, operatively-search activity
R.A. Makarov postgraduate student of Omsk Academy of the Ministry of the Interior of Russia E-mail: rmakaroff84@mail.ru;
A.A. Kuznetsov, Candidate of Juridical Sciences, professor, Honored Lawyer of the Russian Federation Omsk Academy of the Ministry of the Interior of Russia E-mail: omakrim55@mail.ru
  • The methods of theft from bank cards, committed remotely using cellular means, are constantly transformed, leading to an increase of crimes. The investigator’s preventive activities are often limited to making representations that don’t meet the requirements of the preventive measures effectiveness in modern realities. Investigators, who are the initiators and coordinators of preventive work, have a key role to play in the organization of preventive work. The timely identification of the causes and conditions that contributed to the commission of crimes determines the effectiveness of prevention activities. The investigator’s response measures to clarify and subsequently eliminate the circumstances conducive to the commission of crimes are offered in the article. Key words: investigator, prevention, crime prevention, theft using cellular means, fraud.

Civil relations
Yu.V. Anokhin, Doctor of Juridical Sciences, professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: anohinuv@buimvd.ru;
A.S. Selivanov Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: selivanov@buimvd.ru
  • The article is devoted to the analysis of certain changes in civil procedural legislation governing the right of the court to leave a complaint without action. The article notes the significant place of relations, the purpose of which is to begin the process of civil proceedings. The new rules studied indicate the relevance of strict and consistent regulation of relations as a basis for initiating civil proceedings. Analysis of the results of the law enforcement practice of the courts of general jurisdiction in civil cases, complements and confirms the theoretical reasoning of the authors of the study. The authors set out controversial aspects of the regulation of these relations, formulated concrete proposals for amending the existing legislation, which are in systematic relationship with the additions already made, procedural relations in subsequent instances of civil proceedings and general provisions establishing a state legal mechanism for ensuring the protection of rights. Key words: claim, civil process, stage of civil procedure, civil procedure code.

Civil relations
E.V. Babylkina postgraduate student of Voronezh State University E-mail: ekaterina.babylkina@mail.ru
  • The article discusses the legal nature of the contract system in the field of procurement of works, goods and services for provisioning governmental and municipal needs (hereinafter referred to as the contract system). Based on the results of the analysis of the main scientific approaches, the author comes to the conclusion that it is necessary to classify legal relations, the functioning of which is carried out in order to meet the state and municipal needs for work, services and goods on a sectoral basis for: civil contract, administrative contract and financial contract legal relationship. In this case, the administrative law regulates the legal relations associated with: implementation planning and monitoring, procurement, auditing, procurement; implementation of control over observance of the legislation on the contract system; application of administrative coercive measures by the authorized bodies and officials to entities that violate the legislation on the contract system; the consideration and resolution of administrative cases on contesting normative legal acts and of acts containing provisions and have regulatory properties in the courts of general jurisdiction in administrative proceedings to administrative-contractual legal relations. Key words: contract system in the field of procurement, a comprehensive institute of the Russian law, complex legal relations, public legal relations, private legal relations, administrative legal proceedings.

Civil relations
V.I. Blagoev, professor Varna University of Management (Varna, Bulgaria) Е-mail: blagoev@iuc.bg;
E.P. Shustova, Candidate of Economic Sciences, assistant-professor Kazakh Humanitarian Law Innovative University (Semey, Kazakhstan) Е-mail: shustova_yelena@mail.ru;
I.V. Mischenko, Candidate of Economic Sciences, assistant-professor Altai State University Е-mail: mis.iv@mail.ru
  • The article is devoted to the analysis of regulatory and legal bases of organic products market formation in Russia and Kazakhstan. The development of organic products is an important task of the public administration in modern conditions, the solution of which will allow preserving the biological reproduction of agricultural land, to strengthen the health of the population. The creation of an elaborate regulatory and legal framework for the production and sale of organic products is also necessary for the formation of a single economic space and a single market within the EAEU. The article also provides an analysis of the legal basis for the formation of the organic market in one of the European Union countries – Bulgaria. This made it possible to identify a number of weaknesses in the regulatory and legal framework for the formation of the organic products market of the EAEU countries and to develop proposals for its improvement on this basis. Key words: organic products, Eurasian Economic Union, market, certification, enterprise law.

Civil relations
N.I. Minkina, Candidate of Judicial Sciences, assistant-professor The Russian Presidential Academy of National Economy and Public Administration (Altai branch) Е-mail: natim1@mail.ru
  • In essence, the work contains the author’s judgments about the «precedent revolution» in Russia. Using the methods of description, comparison and system analysis, it presents the controversy of scientific opinions on determining the place of legal precedent, judicial practice and acts of higher courts in the system of sources of law. The basic conceptual apparatus in the discussion is investigated. Some foreign experience is given. By studying the views of scientists, the author creates a holistic view of the legal nature and the actual role of the decisions of the Constitutional and Supreme courts of the Russian Federation. The relevance of the problem of consideration of decisions issued by these courts in the system of sources of law is demonstrated on the basis of labor law examples. The main features of these resolutions are their normativity and the importance of the provisions enshrined in them from the position of eliminating legal uncertainties. According to the results of the study, the conclusion is made about the modern source value of the considered acts of the Supreme judicial authorities both in General in the domestic legal system and in labor law in particular. Conceptually, it is proposed to designate this in the draft Federal law «On normative legal acts in the Russian Federation». At the end of the work the positive character of the proposed innovation is argued. Key words: source of law, Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, rulings.
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