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

State and legal regulation public relations
T.E. Gryaznova, PhD. (Doctor of Juridical Sciences), assistant-professor Omsk Academy of the Ministry of the Interior of Russia E-mail: griaznova-te@yandex.ru;
G.E. Moskalenko Omsk Academy of the Ministry of the Interior of Russia E-mail: glmos55@yandex.ru
  • B.A. Kistyakovsky distinguishes between legal and socio-economic forms of solidarity between the authorities and the people. The doctrine of solidarity underlies the theory of the legal and social state of the author. The criterion for distinguishing between a legal and a social state is the implementation of a social policy aimed at ensuring the right to a dignified human existence. Key words: solidarity, liberalism, B.A. Kistyakovsky, the rule of law, popular representation.

State and legal regulation public relations
T.D. Loginova postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: log0707@mail.ru
  • The article analyses the changes in the legislation of the Russian Federation in the sphere of the right ensuring of the individual to information security. The author considers the Doctrine of informational security of the Russian Federation as a fundamental instrument in the field of information security; the basic directions of the right ensuring of the individual to information security are highlighted. Special attention is paid to the principle enshrined therein a balance between freedom of information exchange and security. The author concludes that this principle is also reflected in other normative legal acts in the sphere of the right ensuring of the individual to information security. While the measures taken by the restrictions on the freedom of exchange of information is not contrary to the realization of civil rights of the individual, but rather, serve as effective measures against information threats. Key words: information society, information and communication technologies, the interests of the individual in the information sphere, the individual’s right to information security, informatization, Doctrine of information security, freedom information exchange.

State and legal regulation public relations
O.D. Ovchinnikova, PhD. (Candidate of Juridical Sciences), assistantprofessor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: olesya901@mail.ru;
А.М. Shaganyan, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: sha-anneta@mail.ru;
П.Д. Фризен, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia
  • The article considers the features of legal obligations as measures of proper behavior in the countries of socialist legal system. The duties enshrined in the constitutions of the existing people’s democratic republics are analyzed in detail. They are compared with each other, as well as with the obligations enshrined in the basic laws of other states. The presentation of the material is accompanied by an illustration of examples from foreign legislation. Key words: legal duty, duty, socialist camp, Vietnam, China, Korea, Cuba.

State and legal regulation public relations
А.G. Repev, PhD. (Candidate of Juridical Sciences) doctoral candidate of Saratov State Legal Academy Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: repev-artem@yandex.ru
  • The author, analyzing the approaches to definition of a concept of legal immunity, allocation of his intrinsic components existing in science, the legislation and jurisprudence, comes to a thesis about his mixture in the course of law-making and law enforcement with categories «privilege», «inviolability» and «not responsibility». The author demonstrates elements of difference of the above-stated phenomena from immunity, with a support on the existing legislation and the legal doctrine. It gives reasons about need of accurate typology of system of legal advantages, with one of elements of which is reasoned, the immunity is. It is proved that the definition of legal immunities as a type of advantage proposed by the author’s research will be the starting point for studying its essential and meaningful components, species division, and distinguishing distinctive qualities from related categories of jurisprudence. The proposals may contribute to the elimination of legislative defects of a technical-legal nature, due to the lack of a terminological support for a system of legal advantages. Key words: legal advantage, immunity, privilege, inviolability, privilege, not responsibility.

State and legal regulation public relations
I.G. Fedin postgraduate student of Altai State University E-mail: fedinig@mail.ru
  • The article from a practical point of view addresses issues related to the lack of sufficient development in the Russian legal science of such universal category as «conscientiousness», whereas the conditions of globalization oblige to resort to such measures. Unlike previous research in this area, the author suggests an original approach to understanding the development of good faith in the Russian jurisprudence, which substantiates the essence and identity of the legal concepts of «conscience» and «сonscientiousness». Exploring the problems associated with these categories, the author concludes that the increase in their concentration in the Russian legislation is directly related to the decline in the morality of the population, and the use of concepts related to the concept of «conscience» is justified by the effectiveness of the educational impact of them. As part of the completion of the work, it is concluded that at present, when the country is faced with the task of forming a developed and self-sufficient state, educating the good faith of the population will strengthen the economic turnover and base it on the principles typical of the civilizational foundations of Russia. Key words: good, conscience, conscientiousness, bona fides, custom, ethical standards, genesis of legal categories, Russian legal culture.

Administrative law and administrative process
V.V. Golovko, PhD. (Doctor of Juridical Sciences), professor Omsk Academy of the Ministry of the Interior of Russia E-mail: golovkovlad@yandex.ru;
M.V. Sergeev postgraduate student of Omsk Academy of the Ministry of the Interior of Russia Е-mail: schokscha1@mail.ru
  • The current stage of the activities of internal affairs bodies of the Russian Federation is characterized by qualitative changes in the organizational structure and legal regulation. The results of the analysis of the modern system of divisions of public authorities engaged in the protection of public order and public safety gave the authors reason to criticize the existing organization of the protection of public order with respect to separate divisions. The authors of the article analyze the foreign experience of public order protection, make proposals on administrative reform of internal affairs bodies, in particular, the units of the patrol and patrol service of the police, the road patrol service, the private security of the Federal National Guard Troops Service, district police officers with the transfer of their functions to the General Directorate for the Protection of Public Order Ministry of Internal Affairs of the Russian Federation. Key words: police, patrol service, Highway patrol service, service organization, patrol service.

Administrative law and administrative process
A.G. Grischakov, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: grischakow@buimvd.ru
  • The article details the role of the district police officers in the prevention of administrative offenses, the exposition, suppression and detection of crimes committed in the territory of the administrative district, using video surveillance systems. There are various options for law enforcement, through which they can increase the number of video surveillance cameras in the residential sector, which, in turn, will have a positive impact on the law and order. According to the author’s idea, it is expedient to activate citizens in this direction when conducting annual reports to the population, as well as preventive pound a beat. Key words: administrative area, exposition, suppression and detection of crimes, witnesses of the incident, detention, district police officer, residential sector, staircase, house territory, parking spaces of vehicles, house entrance, elevator, apartment building, video surveillance systems, annual report, preventive pound a beat.

Administrative law and administrative process
Yu.A. Kriger, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: y.aleks@list.ru;
E.A. Fedyaev Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: fea55@mail.ru
  • The article analyzes the legislation governing the procedure for filing a complaint against a decision on an administrative offense case. The authors study the problems arising in the exercise of the constitutional right to appeal in the course of the proceedings of an administrative offense. The legal background for the possibility of filing a complaint in a case in electronic format is considered. The existing judicial practice on the studied problem is analyzed, a number of contradictions existing in the current legislation are indicated, the presence of which prevents the appeal of cases of administrative offenses in electronic format. The authors concluded that legislative regulation of the procedure for filing a complaint against a decision on an administrative offense in the form of an electronic document is required. The introduction of this form meets the needs of society, it is technically possible and will be in demand by citizens. Key words: appeal, complaint, administrative proceedings, forms of filing a complaint, electronic appeal, electronic document.

Criminal law, criminology, criminal and executive right
I.V. Botvin, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: botviniv@mail.ru
  • The issues related to the specifics of operational-investiganive prevention in the regions of the Russian Federation are investigated. In particular, it examines the concept, nature, objectives and main directions of operational-investigative prevention. The author proposes measures to improve the efficiency of operational units in the designated area. Key words: crime, prevention, regional criminology, operational units, operational-investigative information.

Criminal law, criminology, criminal and executive right
N.A. Kamenskiy postgraduate student of Institute of Law and National Security of the Tambov State University named after G.R. Derzhavin E-mail: kotbaun7777@mail.ru
  • The article discusses the issues of the place of the crime under article 201.1 in the Special part of the Criminal Code of the Russian Federation and the validity of completeness of its legislative structure. Analysis of legislation is performed, judicial practice examples are given. Trends in the development of legislation are considered, the identification of modern corruption manifestations’ features in the sphere of commercial and other organizations that need scientific understanding and represent an increased public danger to the defense of the state are focused on. The conclusion is that the considered norm is reasonably included in Chapter 23 of the Criminal Code of the Russian Federation; abuses in the mobilization training field and at the facilities of the military-industrial complex cause comparable and great harm to the state’s defense capability in comparison with the damage caused by the abuse of authority in the field of state defense order. Key words: abuse of authority in commercial and other organizations, the state defense order field, mobilization training, objects of the military-industrial complex.

Criminal law, criminology, criminal and executive right
A.A. Korennaya, PhD. (Candidate of Juridical Sciences) Altai State University E-mail: Lawer_ann@mail.ru
  • The article deals with the legal status of cryptocurrency in criminal law, the qualification of crimes using digital coins. The use of cryptocurrency is the objective reality of today. Thousands of transactions are made daily using bitcoins and other virtual currencies. Until now, the legal status of a cryptocurrency has not been determined in positive law. For the adoption of the relevant law, it is necessary to use the existing criminal law mechanisms for the protection of relations. The article describes the author’s approach to the definition of the legal content of crypto as a special subject of crime, outlines the main approaches to the qualification of crimes committed with cryptocurrency in the context of legal uncertainty. The explanations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 48 of November 30, 2017 «On judicial practice in cases of fraud, misappropriation and embezzlement» are taken as a basis. Key words: cryptocurrency, bitcoin, virtual currency, incorporeal thing, digital asset, criminal liability.

Criminal law, criminology, criminal and executive right
T.A. Plaksina, PhD. (Doctor of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: plaksinata@yandex.ru
  • The article is devoted to the analysis of the practice of application of the new type of release from criminal liability introduced in 2016 – release with the appointment of a judicial fine (article 762 of the Criminal Code of the Russian Federation), as well as the identification of problems arising from the ambiguous interpretation of criminal law or gaps in criminal law regulation. In particular, questions about the peculiarities of this type of release from criminal liability in the cumulation of crimes and about the possibility of release from criminal liability on the basis of article 762 of the Criminal Code in the case of crimes that harm only the public interest interests are considered. Key words: release from criminal liability, judicial fine, other measures of a criminal-law nature, compensation for damage caused by crime, cumulation of crimes.

Criminal law, criminology, criminal and executive right
A.S. Popova degree-seeking student of Tyumen State University Е-mail: nastyapopova@inbox.ru
  • The article is devoted to the problem of frequent cases of attacks on medical workers, in most cases, paramedics of mobile emergency medical teams by persons who receive medical care. The author analyzes the statistical data of law enforcement agencies on crimes committed against medical workers in the performance of their duties, as well as bills that have not been confirmed in the legislative environment, however, could be of practical importance in solving the problem under consideration. The legal validity of the proposed changes to the current legislation will solve the problem of legal gaps, as well as increase the level of criminal and legal protection of health workers. Key words: life and health protection of medical workers, criminal attacks of patients, the state of crime, gaps in criminal and administrative legislation, bills of federal laws.

Criminal law, criminology, criminal and executive right
A.I. Smirnov, PhD. (Candidate of Economic Sciences), assistant-professor Regional Office of the Ministry of Internal Affairs of Russia of the Murmansk region;
S.V. Orlov Regional Office of the Ministry of Internal Affairs of Russia of the Murmansk region E-mail: omvp51@mail.ru;
D.V. Bushlyakova Regional Office of the Ministry of Internal Affairs of Russia of the Murmansk region E-mail: darya.bushlyakova@gmail.com

Criminal law, criminology, criminal and executive right
A.V. Sumachev, PhD. (Doctor of Juridical Sciences), professor Academy of the Federal Penitentiary Service of Russia Е-mail: alekssumachev@mail.ru;
O.A. Shuranova, PhD. (Candidate of Juridical Sciences) Academy of the Federal Penitentiary Service of Russia Е-mail: shuranova.olga@yandex.ru;
R.V. Puzyrevsky, PhD. (Candidate of Pedagogical Sciences), assistant-professor Academy of the Federal Penitentiary Service of Russia Е-mail: roman.val68@mail.ru
  • The article raises the question of the effectiveness of the existing system of criminal penalties in Russia and the practice of their appointment in terms of achieving the goal of crime prevention. More specifically, it is stated that, from the point of view of the effectiveness of achieving the goal of crime prevention, it is necessary to speak not about the system of punishment in general, but about the imperfection of the sanctions of criminal law: in the discrepancy of the sanctions of certain legal norms of the gravity of the crime committed; in the sometimes excessive alternativism of the punishments provided for the commission of a specific crime. Key words: crime, punishment, sanctions, alternative sanctions, purposes of punishment, crime prevention, efficiency.

Criminal law, criminology, criminal and executive right
P.V. Teplyashin, PhD. (Candidate of Juridical Sciences), assistant-professor Siberian Law Institute of the Ministry of Internal Affairs of Russia E-mail: pavlushat@mail.ru;
E.A. Fedorova, PhD. (Candidate of Juridical Sciences) Siberian Law Institute of the Ministry of Internal Affairs of Russia E-mail: lenapv@inbox.ru
  • The authors analyze the features of regional crime in the Siberian Federal District, taking into account geographical, socio-demographic and economic conditions, and identify the main trends in regional crime. It is noted that the unique natural and resource potential of the region causes characteristic criminal manifestations in the environmental sphere, including criminal violations of the rules of occupational safety at work with simultaneous growth of its latent component. It is pointed out that crime in the district is characterized by a higher level, complex quantitative and qualitative tendencies, the predominance of crimes of selfish violence, the growth of crimes committed in the state of alcoholic or narcotic intoxication. Shortterm optimistic and pessimistic variants of forecasting the development of crime in the Siberian Federal District are proposed. Key words: crime geography, particularly serious crimes, programs for social and economic development, Siberia, trends, economic conditions, expert assessments.

Criminal trial, criminalistics, forensics, operatively-search activity
E.V. Buryakov, PhD. (Candidate of Juridical Sciences), professor Omsk Academy of the Ministry of the Interior of Russia E-mail: bur.e2010@yandex.ru
  • The article deals with organizational issues related to crimes disclosure of disguised as unknown disappearances, the peculiarities of their detection, including those associated with establishing the place and time of a person’s disappearance, the discovery of a corpse and the place of a crime; federal legislation is being analyzed regarding the possibility of carrying out operatively-investigative process to search for missing persons; the conclusion is formulated about the necessity of geolocation of cell phones of missing persons already at the stage of conducting verification activities on the facts of their disappearance. Key words: missing persons, geolocation, search operations, search, murder.

Criminal trial, criminalistics, forensics, operatively-search activity
S.V. Ermakov, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ermaksv_alt22@mail.ru
  • The article raises and reveals the problem of the absence of clearly regulated criteria of provocation in the operatively-investigative activity in normative legal acts. The criteria of provocation in operativelyinvestigative activity are allocated and disclosed on the basis of the analysis of judicial practice of the European Court of Human Rights. The article gives the author’s interpretation of the «psychological pressure» forbidden by departmental regulations when carrying out operatively-investigative action «test purchase» on the seller for the purpose of inducement to sale subjects, substances, including drugs and products, the free sale of which is prohibited or restricted turnover, as well as the provision of services. The approach of the Supreme Court of the Russian Federation concerning fundamental legal positions of the European Court of Human Rights on provocation of a crime in operatively-investigative activity is investigated and presented. The necessity of normative-legal consolidation of the concept and criteria of provocation in the implementation of operatively-investigative activity, as well as additions to departmental regulations in terms of adjusting the concepts of operatively-investigative activity measures, during which it is possible (primarily operational experiment and verification procurement), their organization and tactics, as well as the rules governing the agency work. Key words: operatively-investigative provocation of the crime, the criteria for an investigative provocation of a crime.

Criminal trial, criminalistics, forensics, operatively-search activity
G.K. Lobacheva, PhD. (Doctor of Chemistry), professor Volgograd Academy of the Ministry of the Interior of Russia
  • This article describes new samples of forensic techniques for detection, fixation, seizure and investigation of substances, materials and products for forensic experts: mask-glasses, portable small-sized multifunctional illuminator, device for detection and identification of polymeric materials and coatings, paint and P, personal bracelets for employees of law enforcement agencies, devices for identifying vehicles, a useful model for establishing the group affiliation of LMC and P, in terms of color tone, saturation and brightness color in digital equivalent, and also describes the device for establishing the contents of documents damaged by mechanical means. The considered scientific and technical means do not exhaust the whole variety of search technology. New devices, chemical compounds for the investigation of fingerprints are being created, they will be introduced into the practical activities of law enforcement agencies after passing through an experimental check,. Key words: forensic technique, mask-glasses, illuminator, bracelets, means of transport, paint and varnish materials, device, search technology.

Criminal trial, criminalistics, forensics, operatively-search activity
A.N. Оkhlupina postgraduate student of Kikot Moscow University of the Ministry of Internal Affairs of Russia E-mail: stasya.zharova@inbox.ru
  • The article raises the problem of the lack of a formalized language for the description of signature signs, reveals the influence of this phenomenon on the process of automation of expert research. Attention is paid to the influence of subjective factors in the allocation of handwriting signs, focusing on the tendency to simplify the modern signature. The author describes the course and results of the experiment to highlight the signs in the same handwriting object (signature) by ten handwriting experts of various forensic departments with experience in conducting forensic handwriting examinations from 4 to 14 years. There is an analysis of the results of the experiment, which confirms the presence of subjectivity in the selection of signs in handwriting objects. A description of the signatures signs are the most problematic in terms of the uniqueness of their definition is proposed. Key words: аutomation, intellectual systems, signature, signs of signatures, modern signature, formalization, expert.

Criminal trial, criminalistics, forensics, operatively-search activity
E.I. Popova, PhD. (Candidate of Juridical Sciences), assistant-professor East Siberia State University of Technology and Management Е-mail: рopovaelena03@yandex.ru;
K.S. Latypova Buryat State University Е-mail: krista.100@mail.ru

Criminal trial, criminalistics, forensics, operatively-search activity
L.V. Cherepanova, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: cherepanovalv@mail.ru
  • The article raises the question of expanding the capacity of public prosecution in the application of cognitive techniques in criminal proceedings, with the unconditional preservation of procedural guarantees. The disproportionate restriction of human and civil rights and freedoms in a specific law enforcement situation may be prevented by the strict formal certainty of the legal norm. Analyzing the additions and changes made recently in the code of criminal procedure, in terms of regulation of investigative actions, the author is looking for a level of balance between a clear detail in the law of the procedural order of their production, the ability to cover the regulation of all the variety of investigative situations that arise in this case, and the possibility of the relevant subject of proof to exercise the right to collect evidence or perform procedural duty related to the establishment of the truth in the case. The author sees the possibility of achieving harmony in the development of a normative model of investigative action (model investigative action). Key words: investigative actions, cognitive techniques, model investigative actions, procedural guarantees, pre-trial proceedings, interrogation.

Civil relations
I.D. Gainov, PhD. (Candidate of Juridical Sciences) Kazan Law Institute (branch) of the University of the Prosecutor General’s Office of Russia E-mail: gainov@yandex.ru
  • The article deals with the legal framework and general provisions of the control institute over the expenses of public officials. The author defines the trends that characterize the development of the mechanism of forfeiture the property to the Russian Federation, to relation of which evidence of its acquisition on legal income in accordance with the legislation of the Russian Federation on combating corruption are not presented; some decisions of district courts in civil cases of the relevant category are investigated; legal positions of the constitutional court of the Russian Federation and the Supreme court of the Russian Federation are considered; there are problems arising in law enforcement practice at the forfeiture the property to the state to relation of which evidence of its acquisition on legal income in accordance with the legislation of the Russian Federation on combating corruption are not presented. The ways of their decision are offered in the article. Key words: control of expenses of separate officials, public Prosecutor’s supervision, anti-corruption, the appeal to the income of the Russian Federation of property, data on the income, data on expenses, judicial practice, proofs and proof.

Civil relations
N.A. Ozmanov postgraduate student of Nizhny Novgorod Institute of Management, branch of the Russian Presidential Academy of National Economy and Public Administration E-mail: ozmanovnnov@mail.ru
  • The article is devoted to Contra proferentem as a means of resolving the defectiveness of the terms of the contract. As part of the analysis, the possibility of using Contra proferentem and the limits of its implementation are considered. The author presents the conditions under which contractual defects and the possibility of applying the interpretative rule of the contract Contra proferentem arise. The interpretative rule of the contract Contra proferentem is presented not only as a legal means of resolving the defectiveness of the contract, but also as an opportunity to preserve the strength of the contract in the event of a dispute about the non-conclusion of the contract. At the same time this principle of the contract is not considered as an opportunity for a court to restrict the freedom of contract. In this connection, the article presents the conditions under which the court has an opportunity to apply the principle of interpretation of the contract under study. Key words: contract, defectiveness of the contract, the terms of the contract, contra proferentem as interpretative rule of the contract.

Civil relations
A.V. Radonova, PhD. (Candidate of Historical Sciences) Altai State Institute of Culture E-mail: radonova@barnaul.muh.ru
  • The article reveals the procedure of granting benefits to socially vulnerable communities of the Russian Federation. The main goals, priorities are characterized, the mechanism of the established compensation payments and prospects of the consequences of their implementation are revealed. Key words: benefits, pensions, allowances, disabled persons, veterans, large families, benefits, free security, social policy, state compensation, poverty, forced migration.

Civil relations
S.I. Suslova, PhD. (Doctor of Juridical Sciences), assistant-professor Irkutsk Institute (branch) of All-Russian State University of Justice;
V.V. Belozertseva, PhD. (Candidate of Juridical Sciences) East Siberian Institute of the Ministry of Internal Affairs of Russia Е-mail: sarrav@mail.ru
  • The article is devoted to the concept and elements of the bargaining capacity of minors. On the basis of the conducted research, the main conclusion was drawn that the bargaining capacity consists of the ability to acquire rights and obligations, exercise rights and fulfill duties, as well as the ability to be responsible for their failure. Thus, the bargaining capacity covers not only the ability to make transactions, but also the ability to be responsible for these transactions. Consequently, the legislator cannot be blamed for inconsistency, when he is in paragraph 3 of Art. 26 of the Civil Code of the Russian Federation differentiated the responsibility of a minor in a transaction and for causing harm, fixing the rule that minors are responsible for transactions independently (regardless of whether a transaction was concluded with parental consent or not), and they are generally responsible for harm caused (i.e. in some cases, parents are subsidiarily liable). Key words: bargaining capacity, delictual capacity, minor, entrepreneurial activity, small household transaction, subjective right, subjective duty, responsibility

Names, events, dates
S.I. Davidov, PhD. (Doctor of Juridical Sciences), assistant-professor Altai State University Е-mail: davidov_ord@mail.ru;
N.A. Dudko, PhD. (Candidate of Juridical Sciences), assistant-professor Altai State University Е-mail: dudkona@yandex.ru;
M.A. Neymark, PhD. (Candidate of Juridical Sciences), assistant-professor Altai State University Е-mail: neymark.m@mail.ru;
  • The article is devoted to the 80 anniversary of the birth of the famous Soviet and Russian scientistcriminalist, honored lawyer of the RSFSR, Doctor of Law, Professor Evgeny Nikolaevich Tikhonov. The article deals with professor Tikhonov’s in the field of the general theory of criminalistics, criminalistic equipment, criminalistic tactics, the general theory of judicial expertise and defines the influence of theoretical results of his research on steel arms and firearms, and explosions on the on further development of knowledge in criminalistics and forensic examination. Key words: Tikhonov E.N., anniversary, criminalistics, general theory of criminalistics, criminalistics methodology, criminalistic equipment, criminalistic tactics, forensic examination.
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