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

State and legal regulation public relations
Yu.V. Anokhin, Doctor of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: anohinuv@buimvd.ru

    • The problem of countering corruption remains acute in the modern world, and the scientific study of countering is important and relevant. One of the directions of anti-corruption measures is to prevent conflicts of interest. Today, on the basis of international regulations, the Russian Federation has created a system of normative legal regulation aimed at combating corruption. A legally fixed conceptual framework for conflicts of interest has been developed. The problem is acute, debatable and requires a balanced, well-thought-out approach to its resolution. It is evident that punishing corruption offenses alone is not enough to eliminate it. We need an understanding and active position of the entire society in countering this social phenomenon. Key words: conflict of interest, corruption, anti-corruption legislation, anti-corruption.

State and legal regulation public relations
N.A. Kandrina, Candidate of Juridical Sciences, assistant-professor Altai State University E-mail: nadezhda.candrina @ yandex.ru

    • The article considers the issues of ensuring the subjective public right of an individual to public services on the basis of fundamental constitutional principles for recognizing a person, his or her rights and freedoms as the highest value, a democratic, legal, republican, federal and social state. Due to the fact that the concept of the right to public services is not yet legally enshrined in the legislation, and indeed quite widespread in the literature, its authors definition is given; the place and significance in the system of fundamental rights and freedoms of a man and a citizen are designated as a special guarantee of their implementation. Revealing the content of fundamental constitutional principles which are inherently norms - principles and norms – goals, and laying the main goal of a modern state – ensuring the fundamental rights and freedoms of an individual, the conditionality of the activities and responsibilities of public authorities are shown to ensure the individual’s right to public services and further their development in industry legislation. Key words: constitutional principles, the right to public services, ensuring the right of an individual, public services, the provision of public services, public authorities.

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

    • The article discusses the substantive component of the rule of law principle, which suggests that the law should be legal, that is, fair, correct, objectively necessary. In this regard, the difficulties of understanding the validity of the law due to historical development, national perceptions and belonging to a particular legal family are analyzed. The features of the perception of the rule of law in the Anglo-Saxon, Romano-Germanic and East European traditions, as well as in the international legal understanding, are examined. It raises the question of using the German «G. Radbruch formula» as a criterion of justice. The article pays attention to the problem of the effectiveness of legal regulation, including using the experience of representatives of a new foreign direction of research in this area - legal investigation. It is concluded that the implementation of human rights, the separation of powers, the effectiveness of law and its stability, and the creation of mechanisms to prevent the abuse of power act as guidelines in assessing the fairness of the law. However, the relativity of the concept of «justice of the law» is emphasized. Key words: rule of law, law, effectiveness of legal regulation, legal system.

State and legal regulation public relations
E.V. Krasilova postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: krasilova1357@mail.ru

    • Currently, there is a problem of distinction between the concepts of «protection» and «defense». In order to eliminate contradictions, the article analyzes the correlation of these categories. Taking into consideration the chosen topic, there are many points of view, in each of which there is a rational solution to the problem. The author identified four areas that reveal the interaction of the categories of «protection» and «defense». The conclusion is drawn on the distinction between protection and defense as independent categories. Such a solution of the problem in the realities of modern society predetermines the developed activity of the state in all areas of the implementation of the rights and freedoms of the individual, their comprehensive provision. The author highlights the differences between «protection» and «defense». To establish a unified approach to their understanding, author proposes her own interpretations of the definitions of these concepts. Keywords: protection, defense, provision, human rights, human rights function of the state, law enforcement function of the state, personality, rule of law state.

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

    • The relevance of this article lies in the fact that in modern conditions, people’s vigilantes are attracted by district police commissioners, as a rule, only when patrolling and raiding. The author suggests possible areas of interaction in the field of public order protection. In particular, the district police Commissioner may, together with vigilantes, carry out preventive rounds of the administrative area, visit the place of residence of persons in respect of whom the court has established administrative supervision, conduct individual preventive work with citizens who are on preventive registration in the internal Affairs bodies. Along with this, it is advisable to involve vigilantes in the prevention of neglect and juvenile delinquency, as well as in countering illegal trafficking of narcotic drugs, psychotropic substances or their analogues on the territory of the administrative area. Key words: administrative district, people’s guards, district police officer, member of people’s guards, students, prevention, public policy, the scene, preventive activities, residential sector, the emergency, the administrative offences and crimes.

Administrative law and administrative process
D.O. Zarechnev, Candidate of Pedagogical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia;
A.A. Levchenko Barnaul Law Institute of the Ministry of Internal Affairs of Russia;
B.A. Fedulov, Doctor of Pedagogical Sciences, professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: fedulovb@mail.ru

    • The article discusses the features of legal support for the personal safety of police officers when performing combat missions in modern conditions. The problematic issues that arise in various situations and affect the degree of legality and effectiveness of police officers are highlighted. The analysis of ensuring personal security in the implementation of the provisions of the necessary defense and emergency, which are inherent in the conditions for the performance of military-combat missions, is given, as well as foreign experience in solving the identified problem. The directions of improving the legal framework and organizational measures to regulate activities in the performance of military-combat missions are proposed. Key words: personal security, police officer, combat missions, necessary defense, emergency conditions, legal regulation.

Administrative law and administrative process
A.N. Prokopenko, Candidate of Technical Sciences, assistant-professor Putilin Belgorod Law Institute of Ministry of the Interior of Russia E-mail: aprokopenko11@mvd.ru

    • The article deals with the issues of transformation and optimization of migration legislation. The article analyzes the requirements of migration legislation and legislation on citizenship of the Russian Federation on the need for foreign citizens to confirm their knowledge of the Russian language. The article considers such categories of foreign citizens as labor migrants, persons applying for temporary residence permits and residence permits, participants in the program of resettlement of compatriots, native speakers of the Russian language, and persons applying for Russian citizenship. The conclusion is made that it is necessary to unify the rules for confirming the Russian language skills by foreign citizens, as well as to extend these requirements to all persons applying for Russian citizenship. It is proposed to make changes to the normative legal acts implementing the proposed unification. Key words: migration, labor migration, program of resettlement of compatriots, migration policy, confirmation the Russian language skills

Administrative law and administrative process
S.N. Shaklein postgraduate student of Far Eastern Law Institute of the Ministry of Internal Affairs of the Russia E-mail: shaklein83@mail.ru

    • The article is devoted to the problematic aspects of bringing to justice persons who have committed administrative offenses in of road traffic. The author studies the opinion of administrative scientists and foreign experience in the field of effective administrative punishment for traffic violations in order to prevent the commission of new offenses. A comparative analysis of the current criminal and administrative legislation is carried out. Judicial practice in cases of administrative offenses in the field of traffic and problems of law enforcement are studied. Based on the results of theoretical and empirical research, the author came to the conclusion that it is necessary to develop criteria for choosing the type and size (term) of administrative punishment and fixing these criteria in the General part of the Administrative Offences Code of the Russian Federation. Key words: administrative punishment, administrative responsibility, offences in the field of road traffic, the type and amount (period) of administrative punishments, the prevention of crime.

Criminal law, criminology, criminal and executive right
I.A. Efimov, Candidate of Juridical Sciences Ural Institute of State Firefighting Service of Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters E-mail: e3efimov@yandex.ru
D.S. Tokarev, Candidate of Juridical Sciences, assictant-professor Ural Law Institute of the Ministry of the Interior of Russia E-mail: tokarev@uralweb.ru;
E.V. Vyguzova, Candidate of Pedagogical Sciences Ural Institute of State Firefighting Service of Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters Е-mail: E.wigusova@mail.ru

    • The article 168 of the Criminal Code of Russian Federation establishes the criminality of the act committed by careless handling of fire or other sources of increased danger. The notion «source of increased danger» is not disclosed in the Criminal Code of the Russian Federation. This causes difficulties in law enforcement of the above-mentioned norm of the Criminal Code of the Russian Federation by the inquiry bodies. The authors of the article made an attempt to determine the sign «source of increased danger» for the art. 168 of the Criminal Code of the Russian Federation using legal doctrinal sources and examples of the court practice. Key words: source of increased danger, crime instrument, careless handling of fire, mechanism, vehicle, high voltage electric energy, explosives, strong poisons.

Criminal law, criminology, criminal and executive right
Ju.A. Zapadnova, Candidate of Juridical Sciences Ural Law Institute of the Ministry of the Interior of Russia E-mail: Kap-zapad@yandex.ru;
S.A. Voropaev, Candidate of Juridical Sciences Ural Law Institute of the Ministry of the Interior of Russia

    • The method of committing a crime under art. 156 of the Criminal Code of the Russian Federation («child abuse») has different approaches to interpretation by law enforcers (investigators, juvenile affairs officers, district police officers), scientists in the field of criminal law and criminology, and also has no precise legislative regulation, which creates significant problems in protecting the legal rights and interests of minors from criminal encroachments. Numerous legislative initiatives to amend the design of the considered elements of a crime are confirmation of the need to develop reasoned proposals to improve legislation in this area. The authors analyzed a significant empirical base, the doctrinal approach of other authors, the editors of draft laws № 14296-7 «On Amendments to Article 156 of the Criminal Code of the Russian Federation» (in terms of introducing the legal concept of «child abuse»), on the basis of which reasonable solutions this problem at the legislative level were proposed. Key words: juvenile, neglected, dereliction of duty on the education of the minor, improper performance of duties on education minor, improvement of prevention measures, article 156 of the Criminal Code of the Russian Federation, child abuse.

Criminal law, criminology, criminal and executive right
S.A. Korneev postgraduate student of the Academy of the FPS of Russia Е-mail: kornei_lam@mail.ru

    • The article is devoted to criminal responsibility as an intersectoral legal institution implemented within the framework of criminal procedure, criminal and enforcement legislation and aims to identify a new category for the doctrine of criminal law. In view of the fact that the definition of criminal responsibility was not provided for in any of the sources of domestic criminal legislation, including the current criminal law, the author provides a number of doctrinal attempts to define the concept of the phenomenon in question. For a long time, the traditional types of criminal responsibility were negative and positive. Within the framework of this study, a new criminal-legal category that arises directly in the process of implementing negative criminal responsibility is presented – «intensification of criminal responsibility». The latter should be understood as the process of increasing the severity of criminal liability measures against suspects, accused and convicted persons. For a more in-depth study of the stated issue, the article presents practical materials (personal files of suspects, accused, and convicted persons registered in the criminal еxecutive inspections of the Federal penitentiary service of Russia), as well as the results of a survey of convicts serving a sentence of imprisonment in correctional institutions, on strengthening measures of criminal legal influence at various stages of criminal prosecution. Key words: criminal responsibility, negative criminal responsibility, positive criminal liability, intensification of criminal responsibility.

Criminal law, criminology, criminal and executive right
M.A. Maletina postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: mamaletina85@mail.ru

    • Despite the widespread use of the concept «helpless state of the victim» in the Special Part of the Criminal Code of the Russian Federation, it is evaluative and not legislatively stated. It is interpreted differently with regard to various elements of crimes. Based on the current judicial clarifications, the author analyzes this concept and discusses its various characteristics. In the result it is concluded that with reference to paragraph «a» of part 3 of article 110 of the Criminal Code of the Russian Federation victims are considered helpless when they are able to realize the nature of the acts committed to them, but are unable to resist the guilty party due to their physical condition, infancy or an old age. The mental state of the victim, as well as the state of alcoholic, narcotic or toxic intoxication, do not form the concept of helplessness in relation to the elements of the incitement to suicide. Key words: incitement to suicide, mental and physical condition of the victim, young and old age, state of intoxication.

Criminal law, criminology, criminal and executive right
T.A. Plaksina, Doctor of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: plaksinata@yandex.ru

    • The description of the objective side of the crime under аrticle 294 of the Criminal Code of the Russian Federation is non-concretized. It contributes to the emergence of a wide range of interpretations of its signs in the theory of criminal law and law enforcement and generates controversial jurisprudence, even at the level of the Supreme Court of the Russian Federation. On the one hand, the Supreme Court of the Russian Federation seeks to limit the range of acts falling under аrticle 294 of the Criminal Code by indicating in judicial acts that the forms of the objective side of this crime must necessarily be expressed in direct unlawful influence on the court, prosecutor, investigator, interrogating officer and be able to influence their decision on the case. On the other hand, in a number of cases other acts committed for the purposes specified in the law (theft, destruction of criminal case materials, material evidence; creation of various obstacles to the collection of evidence, etc.) are recognized as obstruction of justice or preliminary investigation. Key words: the objective side of the crime, interpretation of criminal law, Supreme Court of the Russian Federation, obstruction of justice and preliminary investigation, interference in the activities of the court, the prosecutor, the investigator, the person making the inquiry.

Criminal law, criminology, criminal and executive right
M.A. Slobodenyuk Surgut State University E-mail: 150592@mail.ru

    • Statistical data on level and dynamics of violent crimes committed by minors and youth on national hatred grounds are provided in the article. When analyzing violent crimes of the minors and youth committed on national hatred grounds statistical data on murders, intended bodily harm, a beating and hooliganism combined with use of violence harmless for life and health, tortures and murder threats are used from the forms of federal statistical observation. The author pays attention to regional features of violent crimes committed on national hatred grounds. Domination of such crimes as hooliganism with use of violence, beating and murder threats or causing heavy harm to health in the structure of violent crimes committed by minors and youth on national hatred grounds is noted. Key words: indicators of violent crimes, minors, youth, national hatred.

Criminal law, criminology, criminal and executive right
N.V. Tydykova, Candidate of Juridical Sciences, assistant-professor Altai State University Е-mail: academnauka@rambler.ru

    • The article is devoted to the interpretation of the qualifying sign of violent sexual crimes «other grave consequences». It is noted that the recommendations of the decision of the Plenum of the Supreme Court of the Russian Federation do not solve all the issues that arise. A proposal to expand the proposed interpretation is formulated. It proves the necessity of pointing out that not only suicide or attempted suicide of the victims, but also the same actions on the part of close people should be qualified according to the grounds. With additional arguments, a positive assessment was given of the recognition of pregnancy as a victim of other grave consequences of violent sexual crimes. In order to unify law enforcement practice, it was proposed to indicate in the relevant decree that the attitude of the perpetrator to other grave consequences can be not only negligence, but also intentional. The issue of assessing changes in sexual orientation as a result of a violent sexual offense is raised. Key words: rape, sexual assault, qualified composition, grave consequences, suicide, mental illness, sexual orientation, evaluative signs, guilt form.

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

    • The purpose of this article is to analyze an urgent problem regarding the actual situation of the applicant in the criminal process and his right to familiarize himself with the materials of the verification of the crime he has reported. This issue is very relevant from the standpoint of ensuring the protection of the rights and freedoms of man and citizen. The study has practical value, aimed at developing a uniform approach of practitioners to this issue. The article touches upon the problems of law enforcement practice, analyzes the position of scientists and practitioners, considers further prospects in the criminal process of the applicant’s right to familiarize himself with the materials of the audit. Based on the analysis, conclusions are drawn about the need to amend the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Code of the Russian Federation. Key words: applicant, familiarization, material of the preliminary investigation, the rights and freedoms of the applicant.

Criminal trial, criminalistics, forensics, operatively-search activity
S.I. Davidov, Doctor of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: davidov_ord@mail.ru;
E.A. Moliarov postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail:kaa91@bk.ru

    • The authors of the article consider the main directions of using the results of the operational-search measure «the identification of persons» in criminal proceedings: for making procedural decisions; when planning an investigation, nomination and verification investigative versions; for the preparation and conduct of investigative activities; in the process of evidence in criminal cases. The results of a study of investigative and judicial practice, in particular, the facts of using the results of the operational-search measure «the identification of persons» as evidence in criminal cases and cases of administrative offenses, are presented. The proposal for a legislative amendment regarding the use of the results of operational-search measures as evidence in criminal cases is justified. Key words: identification of a person, non-procedural identification, use of the results of operationalsearch activities.

Criminal trial, criminalistics, forensics, operatively-search activity
N.N. Ilyin, Candidate of Juridical Sciences Moscow Academy of the Investigative Committee of the Russian Federation E-mail: nick703@yandex.ru

    • The author considers issues related to the definition of situational tasks of transport and technical forensic examinations. It seems that the issue under consideration is relevant, since the above-mentioned class of forensic examinations has not been fully studied. Forensic tasks are an integral and fundamental sign of the birth and species identity of the expert study. There is currently no consensus on the classification of expert tasks. On the basis of the forensic and expert practice studied by the author, the special literature proposed a theoretical and practical justification for the allocation of situational tasks to an independent group. In addition, the content of situational tasks has been revealed in relation to the class of transport and technical forensic examinations. In this case, the tasks of transport and technical forensic examinations are divided into the tasks of the scientific knowledge industry and the tasks of expert research. It is separately noted that the establishment of a causal link in the framework of the production of transport and technical forensic examinations will help the investigator to distinguish from each other similar crimes. The article is intended, to some extent, to fill the identified gaps in the theory and practice of the forensic examinations under consideration. Key words: diagnostics, forensic tasks, situational tasks, forensic examination, transport incident, transport and technical forensic examinations.

Criminal trial, criminalistics, forensics, operatively-search activity
R.A. Mangasarov postgraduate student of Management Academy of the Ministry of the Interior of Russia E-mail: ubep-ak@mail.ru

    • The article deals with measures to combat theft of public funds, the implantation of state programs from criminal attacks by the internal affairs bodies. The wide spread of corruption crimes in the public sector has a negative impact on the development of the economy of the Russian Federation, as well as hinders the development of education, health care process, related social distribution of security, the provision of property, trade relations, system and other system areas, linked to this trade is due to the internal need to search and distinctive stage of effective investigative measures to combat embezzlement of budget funds. The author comes to the conclusion about the need of rational application of positive experience of economic security and anti-corruption departments of territorial bodies of the Ministry of Internal Affairs of Russia, and also experience of law enforcement bodies of other states at the same time to develop effective operational investigative antitheft measures. Key words: protection of public funds, economic and corruption crimes, operational investigative measures, implementation of targeted programs, combating embezzlement of budget funds, enforcement authorities.

Criminal trial, criminalistics, forensics, operatively-search activity
S.V. Mosina, Candidate of Juridical Sciences Ural Law Institute of the Ministry of the Interior of Russia E-mail: Svetlana-p-v@mail.ru;
D.L. Kokorin, Candidate of Juridical Sciences, assistant-professor Ural Law Institute of the Ministry of the Interior of Russia

    • The article is devoted to the consideration of issues related to the tactical features of investigative actions carried out with sports fans for crimes committed in the preparation and conduct of sports competitions. Based on the analysis of theoretical materials and materials of law enforcement practice, the classification of crimes committed by sports fans is given. The factors that form the motive of the crimes under investigation are investigated. A number of recommendations are formulated when planning and conducting separate investigative actions with sports fans in the investigation of crimes committed in the preparation and running sports competitions. Key words: investigative actions, tactics, sports competition, fan.

Criminal trial, criminalistics, forensics, operatively-search activity
L.V. Cherepanova, Candidate of Juridical Sciences, Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: cherepanovalv@mail.ru

    • The article is devoted to the consideration of the circumstances that contributed to the crime, the definition of this concept, its content. The establishment of the circumstances that contributed to the commission of the crime is the procedural duty of the persons carrying out the evidence in the criminal case. At the same time, these same participants in the criminal process are subjects of the general system of crime prevention in the Russian Federation. Normative legal acts, which form the legal and organizational basis of this system, provide for a set of measures of social, legal, organizational, informational and other properties aimed at identifying the causes and conditions that contribute to the commission of crimes and the adoption of special measures of criminal procedure to eliminate them. Analysis of the practice of criminal proceedings reveals that the implementation of functions for the prevention of crimes and other violations of the law by criminal procedural subjects of prevention due to inconsistency of laws is difficult. The study of the circumstances that contributed to the commission of the crime as the subject of criminal procedural relations from the standpoint of a systematic approach, taking into account the mechanism established, including criminologists, allowed to eliminate the contradiction. Key words: the causes and conditions of the crime, the circumstances that contributed to the commission of the crime, crime prevention, representation.

Civil relations
O.N. Eremich postgraduate student of Nizhniy Novgorod Аcademy of the Ministry of the Interior of Russia E-mail: ion_olesya@mail.ru

    • The article deals with the phenomenon of legal notice in the context of the mechanism of private law regulation. The article reveals the crucial importance of the division of legal notice for the practice of law in the private sphere by the nature of the coming legal consequences. The author formulates that legal notification can generate, change and terminate rights and mutual obligations, on the other hand, it can act as a mediating link in this process, being an auxiliary tool in the chain of legal facts that ensure the movement of legal relations. The article analyzes the consequences that establish the absence of proper notification, when such a duty is directly enshrined in normative legal acts, entailing the invalidity of the legal act. The cases of legislative consolidation of legal notice in the sphere of private law regulation are considered. It is concluded that a legal notice is a type of legally significant message. Key words: legal notice, civil law, legally significant message, mechanism of private law regulation, legal facts.

Civil relations
L.G. Efimova, Doctor of Juridical Sciences, professor Kutafin Moscow State Law University E-mail: elg007@mail.ru;
O.B. Sizemova, Doctor of Juridical Sciences, professor Lobachevsky State University of Nizhny Novgorod Е-mail: kchpr_nki@mail.ru

    • Based on a comparative analysis of the legislation of developed foreign countries and Russia, the authors of the article suggest approaches to building an effective concept of protecting the rights of consumers of digital financial services. A number of problems of the legislation and law enforcement practice in this sphere are diagnosed, ways of their decision are offered. The article considers a system of measures aimed at overcoming the actual inequality of consumers of financial services and operators of exchange of digital financial assets in order to build an effective model of protection of the rights and interests of consumers of financial services in the digital environment. Key words: smart contract, digital financial assets, the Central Bank of the Russian Federation, consumer supervision in the field of digital technologies

Civil relations
postgraduate student of Altai State University Е-mail: zhes867@mail.ru

    • The article is devoted to the study of the issues of individualization of the future thing as a subject of a civil contract. The author considers the essential conditions under which a civil contract is recognized as concluded. The problem of agreeing on a condition on the subject matter of the treaty on the future thing is discussed. The legal positions of the higher courts are analyzed. An analysis of the jurisprudence developed in the settlement by the courts of disputes arising from treaties over a future thing is provided. Scientific approaches to understanding the subject matter of a civil contract have been studied. The author analyzes the identifying signs of the future thing, allowing it to be individualized. The author addresses the problem of determining the consistency of the condition about the subject. The results of theoretical studies on the use of a future thing as a subject of a civil contract are given. Using an analysis of the theoretical basis of the study, as well as examples from law enforcement practice, the author concludes on permissible options for individualization of the future thing. Key words: future thing, the subject of the contract, civil contract, agreement conclusion, terms of contract, the essential terms, sale agreement, real estate.
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