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

THEORETICAL AND HISTORICAL LAW SCIENCES
Аnton A. Vasiliev Altai State University, Barnaul, Russia, Ombudsman for Human Rights in the Altai Territory, Barnaul, Russia, anton_vasiliev@mail.ru
Vitaliy V. Sorokin Altai State University, Barnaul, Russia sorokin.v.v@yandex.ru
Vladimir V. Bedenkov Altai State University, Barnaul, Russia bedenkov-1989@mail.ru

    • Abstract. The object of the study is the social relations that develop in the process of formation of the ordinary sense of justice in the Russian society. The purpose of the article is to analyze statistical data demonstrating the state of the ordinary sense of justice in the Russian society, as well as to develop measures to strengthen it. The authors used such research methods as dialectical, system-structural, formal-legal, questioning. The study led to the conclusion that the state needs to create a legal complex to overcome the deformations of the ordinary sense of justice in the Russian society. An important role is played by the formation of a stable system of moral and semantic attitudes of the individual, which contribute to its opposition to the ideology of extremism, nationalism, xenophobia, corruption, discrimination on social, religious, racial, national grounds and other negative social phenomena. Keywords: state, society, sense of justice, ordinary sense of justice, legal culture, questioning For citation: Vasiliev А. A., Sorokin V. V., Bedenkov V. V. Empirical methods of researching the ordinary legal consciousness of the Russian society. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:5–12 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Peter N. Kobets All-Russian Scientific Research Institute of the Ministry of Internal Affairs of Russia, Moscow, Russia, pkobets37@rambler.ru, https://orcid.org/0000-0001-6527-3788

    • Abstract. The article analyzes the need to develop a doctrinal framework, various legal concepts, and structures in the era of rapid evolution of artificial intelligence technology. The study focuses on the fact that in the conditions of the new millennium, humanity has come almost close to the latest period of unprecedented scientific and industrial development of society, while actively developing artificial intelligence technologies. In this regard, it is quite obvious that it will be difficult to do without regulatory regulation of technologies using artificial intelligence in the near future, since it is impossible to manage this area of public relations without constantly improving its legal regulation. Keywords: technological development, public relations, artificial intelligence, legal system, robotics, evolution of technology, improvement of legislation, doctrinal foundations, legal concepts and constructions, rule-making activities, liability measures, legal regulation For citation: Kobets P. N. On the importance of the development of legal doctrine, legal concepts and constructions in the process of evolution of artificial intelligence technologies. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:13–19 (In Russ.)

PUBLIC LAW (STATE LAW) SCIENCES
Dina V. Vechernikova Krasnodar University of the Ministry of the Interior of Russia, Krasnodar, Russia, dinvech2@yahoo.com
Evgeniya R. Makoeva North Caucasus Institute of Advanced Training (branch) of Krasnodar University of the Ministry of the Interior of Russia, Nalchik, Russia, ash-batsa@mail.ru
Viktor V. Tyryshkin Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, witsan333@yandex.ru

    • Abstract. The article is devoted to the analysis of the legal provisions of the Russian legislation in the field of prevention and suppression of offenses related to the illegal distribution of narcotic drugs committed by minors. Special attention is paid to one of the most common ways of selling narcotic drugs — via the Internet. In addition, the article examines one of the most problematic ways of exchanging information that contributes to the spread of narcotic drugs — using video game chats, and also suggests a way to counteract this method. Keywords: prevention of juvenile delinquency, illicit drug trafficking, contactless method, formation of legal awareness, national security For citation: Vechernikova D. V., Makoeva E. R., Tyryshkin V. V. Revisiting the ways to commit offenses related to illicit drug trafficking via the Internet and the prevention of involvement of minors in such activities. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:20–25 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Vladimir V. Golovko Dostoevsky Omsk State University, Omsk, Russia, golovkovlad@yandex.ru
Yulia A. Seliverstova The Court of Appeals of Yamalo-Nenets Autonomous Okrug, Salekhard, Russia

    • Abstract. The article examines current problems of the Russian legislation in the field of activities of district and magistrate courts. Based on an analysis of the practice of applying their decisions, proposals are formulated to improve the enforcement of administrative justice, to increase the efficiency of the application of procedural and substantive norms of administrative, civil and arbitration law. Keywords: strategic development and systematization of legislation, proceedings in cases of administrative offenses, appeal to the court of appeal of decisions made by officials of executive authorities and judges For citation: Golovko V. V., Seliverstova Yu. A. Judicial proceedings in cases of administrative offenses: problems and future. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:26–30 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Anatoly В. Dudaev Putilin Belgorod Law Institute of Ministry of the Interior of Russia, Belgorod, Russia, dudaev.anatol@yandex.ru
Yuri V. Lukichev Saint Petersburg University of the Ministry of the Interior of Russia, Saint Petersburg, Russia molmolmol7777788@gmail.com
Stanislav A. Moskalenko Saint Petersburg University of the Ministry of the Interior of Russia, Saint Petersburg, Russia qwerty22dj8@yandex.ru

    • Abstract. The authors investigate the features of carrying out activities by district police commissioners for the prevention of family and domestic conflicts. Taking into account the specifics of family and household relations and their versatility, it is necessary to improve the activities of internal affairs bodies aimed at its prevention and prevention of deviant behavior within families. The prevention of family and domestic conflicts is an important part of the preventive activities of the district police commissioners. Based on the analysis carried out by the authors, a number of measures are proposed to enhance the effectiveness of prevention of family and domestic conflicts by authorized police officers, which will reduce the number of violent acts in the family. Keywords: district police commissioner, family and domestic conflicts, socio-psychological factors, prevention, alcoholism, family relationships, minors For citation: Dudaev A. В., Lukichev Yu. V., Moskalenko S. A. Problematic aspects in the organization of preventive work of the district police commissioner in the field of family and household relations and ways to solve them. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:31–37 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Liudmila G. Konovalova Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Barnaul, Russia, vaskova82@yandex.ru

    • Abstract. The article analyzes the peculiarities of the perception and implementation of the principle of separation of powers in the UK in the absence of a written constitution and official recognition of the doctrine of parliamentary sovereignty. The author uses the analysis of regulations in the area under consideration, the established law enforcement practice, as well as the opinions of various scientists regarding the improvement of the institutions in question. As a specific feature of the implementation of the principle of separation of powers in Great Britain, attention is drawn to the formal involvement of the monarch in all branches of government, the combination of ministers and deputies, the recognition of Parliament as the highest state body in relation to other state institutions, and the restraining role of the House of Lords in relation to executive authorities. The legal ways of dominance of executive authorities in the system of separation of powers are considered, including its ability to determine which chamber to submit its bill to, rely on the support of the ruling party in parliament. Keywords: separation of powers, parliament, monarch, parliamentary democracy For citation: Konovalova L. G. Sovereignty of parliament and the principle of separation of powers in the UK. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:38–45 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Alena A. Likhova Kikot Moscow University of the Ministry of Internal Affairs of Russia, Moscow, Russia, alenalichova@mail.ru

    • Abstract. The protection of the rights and legitimate interests of the child is impossible without established systematic and effective interaction between various bodies and organizations in the state. Issues of interaction always occupy one of the primary places in the system of public authority, both at the federal level and at the level of the constituent entities of the Russian Federation. Speaking directly about the protection of the rights and legitimate interests of the child, this article pays attention to the current aspects of the interaction between local government bodies (as closer and more capable of effectively resolving issues of local importance, including those related to the protection of the rights and legitimate interests of the child), and internal authorities cases (one of the goals of which is the protection of human rights). Keywords: child, children, rights, protection of rights, interaction, local government bodies, internal affairs bodies For citation: Likhova A. A. Current issues of interaction between local government bodies and internal affairs bodies of the Russian Federation in protecting the rights and legitimate interests of the child. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:46–51 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Alexey V. Ravnushkin Crimean Branch of Krasnodar University of the Ministry of Internal Affairs of Russia, Simferopol, Russia, rav.kin@mail.ru, https://orcid.org/0000-0002-7711-2962

    • Abstract. The article deals with problematic issues of qualification and law enforcement of part 2 of article 5.26 of the Administrative Code of the Russian Federation, committed, inter alia, on the grounds of political, ideological, racial, national or religious hatred or enmity, or on the grounds of hatred or enmity against any social group. As a result of the analysis of statistics and judicial practice, it was revealed that the very construction of the norm needs to be finalized, since the current version does not allow it to be unambiguously distinguished from similar administrative offenses and even crimes. The author considers the ways of committing this offense, states that a significant part of them is committed for the specified «extremist» motives, and proposes a new version of it, taking into account the administrative prejudice of article 148 of the Criminal Code of the Russian Federation. Keywords: extremism, desecration, religious literature, objects of religious veneration, signs, emblems, ideological symbols and attributes, motives, hatred, enmity For citation: Ravnushkin A. V. Responsibility for offenses provided for part 2 of article 5.26 of the Administrative Code of the Russian Federation committed for extremist motives. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:52–57 (In Russ.).

CRIMINAL LAW SCIENCES
Аnastasiya A. Bondareva Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, anastasiya.bondareva2906@gmail.com

    • Abstract. The significance of the situational case in the investigation of indicators in the scientific works of most scientists. The author conducted a scientific analysis of the views of forensic scientists on the content and essence of the concept of «investigative situation», studied by the scientific works of researchers devoted to the classification of typical investigative events moving at the initial stages of the investigation of the specified category of consequences. Having analyzed the position of scientists on the consideration of the issue, the author formulates the author’s classification of typical investigative situations that arise at the initial stages of investigations in the field of violation of migration legislation, and proposes an algorithm for the actions of the investigator (interrogator) to resolve them. Keywords: investigative situation, initial stage of investigation, criminal case, investigative actions, operational search activities, organization of illegal migration, foreign citizen For citation: Bondareva A. A. Typical investigative situations that develop at the initial stage of the investigation of crimes in the field of violation of migration legislation. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:58–64 (In Russ.).

CRIMINAL LAW SCIENCES
Sergei I. Davidov Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia , davidov_ord@mail.ru, https://orcid.org/0000-0001-6245-0726
Alexander A. Schmidt Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, alexshm79@mail.ru
Evgeny O. Nalivaiko Shilova Far Eastern Law Institute of the Ministry of Internal Affairs of the Russia, Khabarovsk, Russia, nalivayko.ev@yandex.ru

    • Abstract. The general provisions of the forensic theory of trace formation and its significance in the study of the problems of searching and obtaining information about a crime by operational units are considered. The characteristics of the information and communication environment as a sphere of occurrence of information about the traces of remote fraud are given. A list of electronic media of information about remote fraud is presented; classification of traces formed during the commission of these crimes, typical evidence formed in this category of criminal cases. The role of operational units in obtaining information of evidentiary value is emphasized. Keywords: information, trace formation, remote fraud, operational units, evidence For citation: Davidov S. I., Schmidt A. A., Nalivaiko E. O. Operationally significant data on the mechanism of trace formation as an element of operational and search characteristics of remote fraud. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:65–71 (In Russ.).

CRIMINAL LAW SCIENCES
Bella A. Kashezheva Saint Petersburg University of the Ministry of the Interior of Russia, Saint Petersburg, Russia, balik07@yandex.ru

    • Abstract. The study of foreign experience in the functioning and application of criminal legislation has important scientific and practical significance for improving legal systems and methods of combating crime. This method makes it possible to adapt legislation to modern challenges and international standards, and in some cases, in advance, based on foreign experience, to prevent or minimize damage from new types or methods of committing socially dangerous acts. As part of this approach, an analysis of foreign legislation in the field of criminal law protection of officials carrying out preliminary investigations was carried out. The text of this article proposes to consider the theoretical aspects of criminal liability for criminal attacks on the life and health of law enforcement officers, in particular those conducting preliminary investigations, and judicial investigative practice using the example of the People’s Republic of China and the Republic of Turkey. Keywords: preliminary investigation, protection, foreign experience, assault, threat, life and health, China, Turkey, security, investigator, interrogator For citation: Kashezheva B. A. Foreign experience in criminal legal protection of officials carrying out preliminary investigations using the example of the People’s Republic of China and the Republic of Turkey. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:72–78 (In Russ.).

CRIMINAL LAW SCIENCES
Maria S. Kochkina Voronezh Institute of the Ministry of Internal Affairs of Russia, Voronezh, Russia, mari.koshkina.98@bk.ru

    • Abstract. The article discusses a new type of sex service — webcam, which is a new interactive form of pornography. The social danger of this phenomenon is emphasized. The reasons for the impossibility of bringing criminal liability for engaging in webcam activities in Russia are indicated, which suggests the need to introduce a new norm into the criminal code establishing responsibility for the organization and financing of webcam agencies. It is proposed to legally consolidate such concepts as «webcam services» and «streaming service». Keywords: webcam, pornographic content, erotic content, stream, online broadcast, criminal liability For citation: Kochkina M. S. Revisiting the criminalization of organizations or financing of agencies providing webcam services. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:79–84 (In Russ.).

CRIMINAL LAW SCIENCES
Nikolay Yu. Lebedev Novosibirsk Military Order of Zhukov Institute of the National Guard Troops, Novosibirsk, Russia KI the FPS of Russia, Novokuznetsk, Russia, lebedevnu@rambler.ru

    • Abstract. The author raises the problematic aspects of the ineffectiveness of public prosecution in criminal proceedings. The author’s definition is presented – «support of public prosecution». Three groups of factors influencing the difficulty of high-quality implementation of the function of supporting public prosecution by the prosecutor are put forward: organizational factors, tactical factors and legal factors. It is concluded that the local regulatory legal acts of the bodies of the Prosecutor General’s Office of the Russian Federation are contradictory. Keywords: prosecutor, public prosecutor, prosecution, support of public prosecution, inefficiency For citation: Lebedev N. Yu. Organizational, tactical and legal factors complicating the quality implementation of the function of supporting the public prosecution by the prosecutor in the context of committing crimes with the use of high technologies. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:85–91 (In Russ.).

CRIMINAL LAW SCIENCES
Vladislav S. Solovev Krasnodar University of the Ministry of the Interior of Russia, Krasnodar, Russia, vladsolovyev@mail.ru, https://orcid.org/0009-0002-4887-8982

    • Abstract. The article systematizes the general shortcomings inherent in criminological studies of juvenile delinquency carried out in recent years. Attention is drawn to the fact that a number of works actually ignore the influence of information processes on juvenile delinquency. Comments are given on the shortcomings in the empirical basis of dissertation research, the reliability and verifiability of the results obtained. The author notes that a significant number of scientific works contain extremely vague and unrealizable proposals with a clear bias towards imposing additional responsibilities on law enforcement officers. Recommendations are given for the formulation of proposals aimed at improving the system for preventing juvenile delinquency. Keywords: minors, digitalization, Internet, empirical basis, juvenile delinquency, crime prevention, quality of research For citation: Solovev V. S. Criminological research of juvenile crime under digitalization of society: expectations and reality. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:92–99 (In Russ.).

CRIMINAL LAW SCIENCES
Sergey A. Stepanov Novosibirsk Military Order of Zhukov Institute of the National Guard Troops, Novosibirsk, Russia stepanovsa041178@yandex.ru
Sergey A. Nider Novosibirsk Military Order of Zhukov Institute of the National Guard Troops, Novosibirsk, Russia nider81@gmail.com

    • Abstract. The article considers the issues of the application by the courts of the first instance of the legal mechanism in the form of a judicial fine as a measure of a criminal nature. The use of this mechanism allows the courts to decide on the release of persons who have committed crimes of minor and moderate severity for the first time from criminal liability in the presence of certain circumstances. The scientific positions on the definition of the concept “for the first time” are considered, and the author’s definition of this concept is also proposed. The article considers and analyzes the law enforcement practice of applying a court fine when resolving issues by courts on the release of persons from criminal liability for the above-mentioned category of crimes. The correlation of a court fine as a measure of a criminal-legal nature and a fine as a type of basic punishment is analyzed. Keywords: judicial fine, criminal law measure, criminal liability, criminal prosecution, legal proceedings, legal mechanism, compensation for damage, compensation for harm, preventive legal orientation, criminal procedural guarantees, legitimate interests, the state For citation: Stepanov S. A., Nider S. A. Judicial fine as a legal mechanism for exemption from criminal liability. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:100–107 (In Russ.).

CRIMINAL LAW SCIENCES
Nadezhda V. Tydykova Altai State University, Barnaul, Russia, academnauka@rambler.ru

    • Abstract. The article analyzes the role of decisions of the Plenum of the Supreme Court of the Russian Federation in law enforcement practice. Their status has not been officially defined, but the positions of law enforcement practice are largely formed within the framework of the positions broadcast by the Plenum of the Supreme Court of the Russian Federation. Several applied aspects of the meaning of the acts under study are named. The consolidation of provisions that fill the gaps allowed by the legislator can be considered an exclusively forced measure. Eliminating such practices, which cannot be considered acceptable, is possible by improving the current criminal law. The text of the criminal law must ensure law enforcement without resorting to other sources to understand it. The meaning of the decisions of the Plenum of the Supreme Court of the Russian Federation in this case will be the first and second of the indicated aspects. Keywords: interpretation of the law, decisions of the Plenum of the Supreme Court of the Russian Federation, law enforcement interpretation, improvement of the criminal law For citation: Tydykova N. V. Acts of official interpretation of elements of crimes and their competence limits. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:108–113 (In Russ.).

CRIMINAL LAW SCIENCES
Lilia V. Cherepanova Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, cherepanovalv@mail.ru

    • Abstract. The article summarizes the experience of practical solutions to problems related to the seizure of objects, documents and electronic information before the initiation of criminal proceedings. Attention is drawn to the fact that, despite the changes introduced in article 144 of the Code of Criminal Procedure of the Russian Federation, the problems of pre-trial proceedings in this part remain. The conclusion is substantiated that the solution to the problems lies in the revision of the existing doctrine of evidence collection. Keywords: verification of a crime report, seizure, reclamation, receipt, seizure, collection of evidence For citation: Cherepanova L. V. Reclamation, seizure, receipt of documents, objects, information when checking a crime report: problems and solutions. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:114–120 (In Russ.).

CRIMINAL LAW SCIENCES
Olga M. Shaganova Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, olga.shaganova@yandex.ru

    • Abstract. The article discusses the features of qualifying violations of the secrecy of correspondence, telephone conversations, postal, telegraph or other messages based on the signs of the objective side, which were identified by the author on the basis of a generalization of investigative and judicial practice. In the disposition of art. 138 of the Criminal Code of the Russian Federation presents a wide list of types of secrets that are infringed upon, however, in fact, examples of bringing to criminal liability only for the secrecy of correspondence, the secrecy of telephone conversations or the secrecy of other messages. Rules are proposed for qualifying the repeated commission of a crime, the category under study, in relation to one or two or more victims, as well as in the presence of a combination with other crimes. Keywords: qualification of crimes, crimes against the constitutional rights and freedoms of man and citizen, violation of the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages For citation: Shaganova O. M. Features of qualification of violation of the secret of correspondence, telephone conversations, postal, telegraph or other messages: analysis of law enforcement practice. Altajskij juridicheskij vestnik = Altai Law Journal. 2024;1:121–126 (In Russ.).
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