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

State and legal regulation public relations
V.L. Akapev, Candidate of Pedagogical Sciences Putilin Belgorod Law Institute of the Ministry of the Interior of Russia E-mail:akapevvl@yandex.ru;
А.А. Droga Putilin Belgorod Law Institute of the Ministry of the Interior of Russia E-mail: ABulet@rambler.ru;
S.E. Savotchenko, Doctor of Physics and Mathematical Sciences, assistant-professor Putilin Belgorod Law Institute of the Ministry of the Interior of Russia E-mail: savotchenkose@mail.ru
  • The analysis of the state of the legal regulation of the digital economy in Russia is derived out. It is shown that there is already a legal basis for the introduction of a digital economy. The main directions of the development of the legal framework are highlighted and specific legislation in force, which needs to be amended, are indicated. Particular attention is paid to the problems of legal regulation of document circulation, turnover of electronic securities and electronic money. Key words: digital economy, information protection, electronic signature, current legislation of Russia.

State and legal regulation public relations
R.V. Nasirov, Candidate of Juridical Sciences, assistant-professor Altai State University E-mail: nasirov.rafail@yandex.ru;
A.V. Ivanov, Candidate of Philosophical Sciences Altai State University E-mail: avialtai@yandex.ru
  • The article raises a question about the possibility of considering the peculiarities of the Russian legal consciousness through the prism of semantics of the Russian language. The necessity of closer attention from the side of legal scholars to the Russian everyday legal consciousness is stated. It is shown that the characteristics of the latter are identified in the analysis of meanings and connotations, which are given to legal terms in the everyday speech of native speakers of the Russian language. On the basis of the analysis of history and etymology, the lexeme «state» and «law» reveal the peculiarity of the domestic legal consciousness, manifested in relation to the state and formal law as social institutions that implement, above all, the protective function. It is noted that the important role of emotional-evaluation words justified by linguists in the Russian language is also peculiar for legal terminology, when there is a desire not only to characterize in the legal term a corresponding legal phenomenon, but also to evaluate it. The question is raised about the correctness of translation and use of foreign words used in Russian legal science and legislation. The conclusion is made about the prospects of research into the Russian legal consciousness based on the use of linguistic science achievements. Key words: legal consciousness, Russian language, language world view, linguistic turn, law, legal term, state, statute, duty.

State and legal regulation public relations
N.K. Tarasov postgraduate student of Saint Petersburg University of the Ministry of the Interior of Russia E-mail: nicrosoft@mail.ru
  • The characteristics of the multidimensional phenomenon of «state coercion» and the classification of state coercion measures cause scientific discussion despite a large number of general theoretical and sectoral studies of problems related to state coercion. The author of the article refers to the theoretical heritage of Russian jurisprudence of the late XIX – early XX century and analyzes the views of Russian scientists on the typology of state coercion measures. It is concluded that domestic lawyers of the late XIX – early XX century attempted to classify state coercion measures, which are reflected in the pluralism of approaches to determining the grounds for differentiating state enforcement measures. Attention is focused on the fact that a serious contribution to the consideration of the problems of the use of state coercion in Russia was made by Russian police scientists. Key words: Russian Empire, coercion, state coercion, coercion measures, classification of state coercion measures, exceptional situation, police-legal theory.

State and legal regulation public relations
T.B. Temrezov Circassian city court of the Karachay-Cherkess Republic E-mail: rustam_bairamkul@mail.ru
  • The article analyses such a phenomenon as a limit from the point of view of the instrumental approach. Using established doctrinal positions, normative legal material, the author hypothesizes that the limit plays a crucial role in the process of legal regulation of public relations. The limit is a legal instrument aimed at resolving its objectives. Using a variety of means and methods of knowledge, the author justifies the characteristic qualities of the limit as a legal means, one of which is its implementation into the norm of law, its embodiment of the main, primary tool-instrument, which performs a stimulating and restrictive function, occupies a unique place in the legal regulatory mechanism. As a conclusion, it is argued that the limits relate, referring to the basic legal means, in the dominant of their own act together with other legal phenomena. Key words: limit, legal remedy, rule of law, legal regulation mechanism, restriction, permission.

State and legal regulation public relations
Z.I. Khisamova, Candidate of Juridical Sciences Krasnodar University of the Ministry of Internal Affairs of Russia E-mail: alise89@inbox.ru;
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
  • A comprehensive analysis of existing definitions of the concept of «artificial intelligence» in the scientific literature is carried out. It is shown that the most convincing and consistent position of those scientists who are inclined to describe the concept in question by designating its essential properties and key characteristics. Such properties and characteristics of artificial intelligence include the ability to reason and control, legal understanding and legal awareness, learning and development, autonomy of activity and decision-making, etc. Based on the results of a comprehensive analysis, an author’s version of the concept of «artificial intelligence» as a legal category was developed, and it was proposed to introduce it into scientific circulation. Key words: history of state and law, theoretical and legal approach, artificial intelligence, legal category, cognition, intelligence, autonomy, adaptability, self-learning, human brain, neuron, neural network, digital information, machine learning, digital technology.

Administrative law and administrative process
A.G. Bachurin, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: vooky22@yandex.ru
  • The article is devoted to the consideration of the administrative and legal foundations of the functioning of the functional subsystem of public order protection of the unified state system for the emergency prevention and response. The analysis and generalization of the existing regulatory framework of the unified state system for emergency prevention and response is carried out. The norms of international law are given, the Russian legislation is studied. Particular attention is paid to departmental orders of the Ministry of Internal Affairs of Russia. It is concluded that a single legal base has been formed for the functional subsystem of public order protection of the unified state system for the emergency prevention and response, which represents a system of various regulatory legal acts. It is noted that normative legal regulation is not without some drawbacks, in connection with which, author’s measures are proposed to improve the functioning of the functional subsystem of public order protection. Key words: emergency situations, emergency response, functional subsystem, public order policing, police.

Administrative law and administrative process
M.A. Buchakova, Doctor of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of Internal Affairs of Russia Е-mail: mbuchakova@mvd.ru;
A.A. Gaidukov, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: gaidukow28@mail.ru
  • The article discusses the development of legislation in the countering domestic violence in the Russian Federation, its compliance with international legal standards, provides a comparative legal description of laws on countering domestic violence in other states. The authors note the need for a comprehensive legal regulation of public relations in the countering domestic violence and the need to develop a balanced and responsive federal law on countering domestic violence in Russia. Proposals are being made to improve the Russian legislation in terms of securing a qualifying attribute in the Code of Administrative Offenses of the Russian Federation, namely beatings committed in relation to persons who are involved in family and domestic relations with the offender. Key words: family protection, family-domestic relations, legislation on administrative offenses, counteraction to domestic violence, personal safety of citizens in the family.

Administrative law and administrative process
E.S. Kozhukhovskiy postgraduate student of Far Eastern Law Institute of the Ministry of Internal Affairs of Russia E-mail: dober0605@gmail.com
  • The article deals with the problem of correlation of the legal categories «prevention» and «warning». The author analyzes the lexical meaning of the words under consideration. Based on the findings, the author concludes that the use of the concepts «prevention» and «warning» in relation to offenses as synonyms creates a false impression of the identity of these activities. As a result, some actions can substitute for others, thereby distorting their meaning. According to the author, these concepts are related as a part and a whole: prevention of offenses includes their prevention. Based on the analysis of current legislation, a definition of crime prevention is proposed. Key words: meaning, concept, prevention, warning, word, meaning, term, etymology.

Administrative law and administrative process
O.V. Mezhenina, Candidate of Historical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: mow77@mail.ru
  • The service in the internal affairs bodies has a number of features compared to other types of professional work. Therefore, the current legislation provides for strict professional selection for people entering the internal affairs bodies. The article analyzes the problem of legal regulation of the occurrence of official legal relations in this field of activity, pays special attention to the characterization of qualification requirements and some restrictions that impede citizens from filling positions in the internal affairs bodies. The author made an attempt, on the basis of legal sources and examples of judicial practice, to identify contradictions that arise in the process of citizens joining the police service, on the basis of which reasonable methods for solving these problems at the legislative level are proposed. It was concluded that in order to reduce the level of conflict in the selection of candidates, it is necessary to specify the procedural rules governing admission to the internal affairs bodies. In order to enhance the openness of the selection procedure for the service, it is proposed to expand the list of persons for whom the process of concluding a contract is preceded by a tender. Key words: internal affairs agencies, qualification requirements, competitive selection, police, public service, contract, judicial practice, employee.

Criminal law, criminology, criminal and executive right
N.N. Bugera, Candidate of Juridical Sciences, assistant-professor Volgograd Academy of the Ministry of Internal Affairs of Russia Е-mail: knn.76@mail.ru
  • llegal entry into a home or into a room or other storage facility is often a qualifying sign of theft. The analysis of judicial practice shows that courts still face the problem of evaluating this feature. The paper studies the influence of deception of the victim in the case of illegal entry into the home on the criminal-legal characteristics of the socially dangerous act under consideration. In order to minimize the number of errors in the classification of crimes and the formation of uniform judicial practice, it is proposed to amend the current decision of the highest court on the issue of illegal entry. Key words: deception, illegal entry, intrusion, theft, premises, housing.

Criminal law, criminology, criminal and executive right
V.R. Bulgakova postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: vikaimamova@mail.ru
  • The article presents a retrospective analysis of the formation, development and change of norms that provide for liability for forging documents, seals, stamps, blanks. Historical and legal research shows that the origins of this criminal prohibition go back to the moment of the development of the Old Russian state (IX century). There are five periods of the formation of the institution in question. The relationship between the stages of the formation of criminal liability for forgery of documents and the changes in the state structure and office work has been established. Each of them is characterized by an expansion of the list of subjects of crime, new methods of commission, types of criminal acts and punishments, up to the death penalty. Within the framework of the current Criminal Code of the Russian Federation, drawbacks are noted in the application of the article 327. The study of the history of the formation of legislation in the field of criminal liability for forgery of documents, stamps, blanks, seals is aimed at eliminating contradictions in its modern interpretation and use. Key words: forgery, official document, seal, blank, stamp, private document, requisites, criminal liability, paperwork

Criminal law, criminology, criminal and executive right
O.V. Ermakova, Candidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ermakova_alt@mail.ru
  • The article deals with the features of the legislative structure of the structure of violation of the inviolability of housing. In particular, the author analyzes the objective and subjective elements of offences, identifies the problems of qualification of the specified act, related to the interpretation of its characteristics. The author pays special attention to the concepts of «illegal entry» and «housing». Based on the analysis of law enforcement practice, the author suggests possible ways to commit an act involving any form of violent or non-violent intrusion into the premises. As a result of comparative consideration of the norms of the Criminal code and the Housing code of the Russian Federation, the paper presents a conclusion about the contradiction of these legislative acts. In particular, the author points to the excessive expansion of the boundaries of the concept of «housing» in the norms of the Criminal code of the Russian Federation. In this regard, it is proposed to bring regulatory legal requirements in line with each other. Key words: violation of the inviolability of the home, constitutional rights and freedoms, construction of the corpus delicti, problems of crime qualification.

Criminal law, criminology, criminal and executive right
E.V. Loos Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: elev_01@mail.ru
  • The article discusses the question of the responsibility of police officers for committing a crime under paragraph «a» of part 3 of article 286 of the Criminal Code. The author believes that the sanction of this legal norm does not allow to differentiate the punishment in accordance with the nature and degree of public danger of the crime, the circumstances of its commission and the identity of the perpetrator, which contradicts the principle of justice enshrined in article 6 of the Criminal Code of the Russian Federation. Examples are given from judicial practice illustrating the disproportion of punishment to a committed act in cases of the category under consideration The article analyzes the situation when abuse of power by police officers is the result of illegal actions of citizens. There is a clear dissonance between the responsibility of police officers for such actions and the responsibility of citizens who provoked employees to violence. The author expresses the point of view that abuse of authority by violence by a police officer, if the act was caused by unlawful violence by the victim against a police officer, should be punished more leniently than other forms of abuse of authority by violence. The author proposes to introduce part 3 of Art. 286 of the Criminal Code of the qualifying sign of violence – danger to life and health. Key words: abuse, authority, criminal liability, police officers, violence, provocation, justice.

Criminal law, criminology, criminal and executive right
P.V. Teplyashin, Doctor of Juridical Sciences, assistant-professor Siberian Law Institute of the Ministry of Internal Affairs of Russia E-mail: pavlushat@mail.ru;
V.V. Molokov, Candidate of Technical Sciences, assistant-professor Siberian Law Institute of the Ministry of Internal Affairs of Russia E-mail: vvmolokov@mail.ru
  • The article examines the relationship between structural indicators of crime and statistical results of law enforcement activities. Based on the construction of the correlation matrices of dependencies crime rates in the Russian regions and calculate the average of the correlation coefficients in the matrices, the ranking of territorial units according to the median estimate of when. It is shown that the higher the average value of correlation estimates, the stronger the relationship between the observed crime rates. A number of regularities were found. In the regions of the Russian Federation with the lowest population density, there is usually the least connectivity of crime indicators. The level of socio-economic well-being and investment attractiveness is usually higher in the subjects with the least connected crime indicators. The subjects with the least connected indicators are characterized, first, by a uniform mass and prevalence of crime, the absence of systemic and long-term criminogenic factors, and, second, by a significant rate of decline in the number of registered crimes, and the absence of obvious “spikes” or “collapses” in its dynamics. It is also found that the correlation of indicators of the effectiveness of law enforcement agencies is in a fairly strong relationship with the gradation of criminal harmfulness of attacks, showing the priority of law enforcement to suppress serious and especially serious crimes. The conclusion is made about the feasibility of using the results of the study in establishing the relationship between structural indicators of crime and the degree of criminal involvement of the population, the socio-economic situation, and the effectiveness of law enforcement agencies. Key words: crime category, criminological rating, Pearson linear correlation coefficient, legal statistics portal, crime detection, crime regression model, trend of criminal manifestations.

Criminal law, criminology, criminal and executive right
S.A. Timko, Candidate of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior of Russia E-mail: satimko@list.ru;
A.P. Podshivalov, Candidate of Juridical Sciences Omsk Academy of the Ministry of the Interior of Russia E-mail: podshivalov5555@inbox.ru
  • The work of police officers in countering theft and theft of vehicles is a certain complexity, due to the variety of causes and conditions that contribute to the Commission of these crimes. The research allowed us to identify and study the determinants that influence the structure and dynamics of theft and theft of vehicles. The authors describe the factors that determine victim behavior. Special attention is paid to the shortcomings of the police in General and individual prevention, suppression and prevention of these crimes, and the organization of interaction among themselves. The problem of very liberal judicial practice is raised. The information may be of interest for improving the preventive work of the police (with deviants and potential victims of theft and theft of vehicles) and developing problems to optimize it. Key words: vehicles, vehicle theft, theft of transport, illegal possession of a vehicle, car thieves, determinants, victimization of car owners, warning, shortcomings of the police.

Criminal law, criminology, criminal and executive right
A.Yu. Chernigova postgraduate student of the East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: nasty_cherny@mail.ru
  • This article examines the object of the crime under article 245 of the Сriminal Сode of the Russian Federation. To establish the essence of the object of cruelty to animals, a scientifically based classification was used on two grounds: first, the degree of generalization, and secondly, depending on the role that the object plays in determining the socio-legal nature of a particular crime. When studying various points of view, the author came to the conclusion that the generic object is public safety and public order, as well as the specific object of animal cruelty is public morality, and the direct object is public morality in the sphere of human relations to animals. In turn, the optional object of animal cruelty is relations in the field of property protection, and it should also be noted that there is no additional object of animal cruelty. Key word: crime object, generic object, specific object, direct object, additional object, optional object, animal cruelty, crime.

Criminal law, criminology, criminal and executive right
S.N. Shatilovich, Candidate of Juridical Sciences, assistant-professor Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation E-mail: shatisergei@yandex.ru
  • The article is devoted to the study of certain issues of criminal liability for the negligence of employees of internal affairs bodies who perform the duties of maintaining, protecting and escorting suspects (accused) of committing crimes. Taking into account the doctrine of criminal law and established judicial practice the author defines the criteria for determining the nature and degree of public danger of negligence: 1) the behavior of the perpetrator and his internal attitude to the committed act; 2) the overall result of criminal inaction or action; 3) conditions that prevent the guilty person from performing their duties. In addition, lists typical situations of committing this crime in the activities of employees of internal affairs bodies who are responsible for maintaining, protecting and escorting suspects (accused) of committing crimes, and also formulated a proposal to improve parts 1 and 1.1 of article 293 of the Criminal Code of the Russian Federation. The author also draws attention to the importance of the need to activate preventive measures in the framework of countering negligence as an official crime committed by employees of internal affairs bodies of this category. Key words: criminal liability, negligence, official crime, duties for maintenance, protection and escort, suspects and accused of committing crimes.

Criminal trial, criminalistics, forensics, operatively-search activity
V.E. Baumtrog, Candidate of Physical and Mathematical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: barnaul@list.ru;
D.Yu. Kashirsky, Candidate of Technical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: dimka_kash@mail.ru
  • The article deals with the problem of formulating the concept of «special equipment of internal affairs bodies» and studies the system of its features. The author analyzed a number of definitions and proposed the definition, which, according to the authors, can be used in further scientific research, legislative activities and educational process of educational institutions of Ministry of internal Affairs of Russia. Key words: special equipment of internal affairs bodies, definition, report card, equipment, special technical means for secret obtaining of information.

Criminal trial, criminalistics, forensics, operatively-search activity
N.M. Bukaev, Doctor of Juridical Sciences, professor Orenburg Institute (branch) Kutafin University (MGUA) E-mail: bukaev_nm@mail.ru;
A.R. Sirakanyan postgraduate student of Surgut State University E-mail: Sirakanyan1995@gmail.com
  • As part of the research the authors consider the possibility of using a polygraph in the investigation of criminal violations of labor protection and safety regulations. Based on the analysis of legislative acts, law enforcement practice, the authors substantiate that the expert’s conclusion on the results of using a polygraph cannot be used as admissible evidence in a criminal case. Attention is focused on the possible errors of polygraph, indicating the psychological state of the interrogated by means of the device, which indicates the inaccuracy of the result of using the polygraph. At the same time, there is a discussion be-tween the statements of prominent scholars – forensic scientists of Russia and the author’s judgment is given. It is concluded that the results of using a polygraph can only be considered indicative; they are not evidence and are not considered as such. Key words: polygraph, violation of labor protection rules, violation of safety equipment, psychophysiological research, ideal traces, psychophysiological examination, forensic science, evidence, criminal court proceedings, criminal procedure, forensic science activities, operational search activities.

Criminal trial, criminalistics, forensics, operatively-search activity
V.S. Gorshkova Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: vera-gorshkova-86@mail.ru
  • Currently, the results of the achievements of criminalistics are being actively implemented in fight against crime, a special place in which is occupied by the criminal «car business». Detection and investigation of crimes related to the legalization of stolen cars (one of which is the forgery or destruction of the vehicle identification number) is impossible without a quality inspection of the scene of the accident. The author of the article touches on problematic issues related to the peculiarities of the formation of a «trace» picture of a crime in a room specially designed for changing the license plate numbers of the car as a whole and its individual parts (security point, administrator’s room, rest room for «workers», car storage room, implementation of changes in license plates, a warehouse for storing parts and parts of vehicles, as well as the surrounding area), and also considers some features of the use of technical and forensic and tactical and forensic tools, methods and recommendations in the production of this investigative action. Key words: examination of the accident scene, specialist, car, change of license plates.

Criminal trial, criminalistics, forensics, operatively-search activity
R.R. Kardanov, Candidate of Juridical Sciences North-Caucasian Institute (branch) of the Krasnodar University of the Ministry of the Interior of Russia E-mail: ruslan-nalchik@yandex.ru
  • The versions that form the basis of a crime investigation play a very important role when planning a crime investigation. The version itself means an assumption that is subject to verification during the investigation. The proof process is not possible without putting forward versions. Versions are a means of establishing objective truth in a criminal case containing a particular set of evidence. The practical value of forensic versions is the ability to plan an investigation, and checking versions ensures the completeness and comprehensiveness of the investigation. The article discusses the features of building investigative versions, reveals the concept, content, and value of investigative versions in the organization of crime investigation. Key words: forensics, investigator, version, crime, incident, investigation, criminal, evidence.

Criminal trial, criminalistics, forensics, operatively-search activity
A.V. Kondakov, Candidate of Juridical Sciences, assistant-professor Saint Petersburg Academy of the Investigative Committee of the Russian Federation E-mail: akondakov@rambler.ru;
D.A. Evstropov, Candidate of Technical Sciences Volgograd Academy of the Ministry of Interior of Russia Е-mail: Dmitry.Evstropov@gmail.com
  • The material presented in the article is based on an experimental study of the effectiveness of powders of BVD International BV (green) and FoshanXiucal Chemical Co., Ltd (white), which have «cold glow» properties, depending on the range of the visible part of the spectrum and wavelength of exciting radiation. The use of luminescent powders in expert practice has its own characteristics, which are not mentioned in their recommendations by manufacturers, in particular, there is no information about the possibility of improving the imaging parameters of the trace, brightness, contrast, color saturation, by changing the lighting parameters on specific laboratory devices, by the use of modern graphic editors, with the exception of distortions introduced by the constituent structural elements of the trace-perceiving surface. In addition, many experts simply do not have experience with such powders. Taking into account the need of expert departments for information support of the effectiveness of such powders, the authors conducted a number of experiments to identify handprints on the glass surface and fix them on the laboratory installation DOCUBOX ProjectinaDocumentExamination», aimed at analysis, and the subsequent development of recommendations for their use. Key words: fingerprinting, fluorescence of fingerprints of hands, luminophore powders in fingerprinting, physical methods for detecting handprints, papillary patterns.

Criminal trial, criminalistics, forensics, operatively-search activity
E.A. Moliarov postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail:LekS603@mail.ru
  • The author of the study subjects the operational-search measure «the identification of persons» to a structural analysis based on the paradigm of activity. The measure under study is considered by the author as a system consisting of a combination of the following interconnected structural elements (subsystems): 1) an operational-tactical task; 2) a subject; 3) an object; 4) a functional (active) side; 5) organizational methods; 6) the result. Based on the available theoretical developments and generalization of the results of empirical studies, a number of conclusions have been made relating to the content of the presented structural elements of personality identification. In particular, several types of operational-tactical tasks are defined that are solved in the course of personal identification (cognitive, search, identification); the conclusion about the relevance to the subject of the event not only officials empowered to conduct an operational-search measure, but of persons involved in its implementation and focused by the event organizer (official) on the extraction of important information quickly about identifiable individuals-argued position is of relevance to the object of the event as an identifiable and identified persons. Key words: identification of the person, non-procedural identification of the person, operational search measure, structural analysis.

Civil relations
A.A. Velekzhanina Law Institute of the National Research Tomsk State University E-mail: Nast3a@mail.ru
  • The article is devoted to the analysis of a legal nature of an option to conclude a contract. The author argues that a paid option agreement breeds such obligations as an organizational one (granting the acceptor a secondary choice right) and the one of property character (obligation to pay the option premium). Such an agreement is a complex (heterogeneous) organizational agreement. If the option agreement is gratuitous, the obligation is exclusively organizational and it is characterized by a condition of connectivity, which makes it possible to qualify the agreement as a simple (homogeneous) organizational agreement. In both cases, the option obligation is a special type of obligation aimed at achieving a legal result in the form of granting the lender (the eventual acceptor), as a general rule, a secondary choice right for an option premium. Thus, option-type obligations do not fall under the traditional classification of obligations and occupy a separate place in the system of civil obligations. Key words: option to conclude contract, preliminary contract, secondary right, option premium, consideration, irrevocable offer, organizational contract, organizational legal relations.

Civil relations
V.V. Zaborovskiy, Doctor of Juridical Sciences, professor Uzhhorod National University Е-mail: zaborovskyviktor@gmail.com
  • The article analysis the legal nature legal nature of guarantees of advocacy, which indicate the presence of immunity of a lawyer to bring him to justice in connection with the implementation of professional activities (indemnity of a lawyer). To achieve this goal, methods typical of legal science were used. The study was conducted using a dialectical method of knowledge of legal reality, which provided an opportunity to analyze both the regulations and the position of scholars on the feasibility of the existence of these professional guarantees of a lawyer. The method of systematic analysis, which is one of the main methods of this work, provided an opportunity to achieve the goals and objectives of the study, and the method of synthesis – to identify shortcomings in legal regulation associated with the practice of a lawyer’s immunity to prosecute. It is argued that the shortcomings of legal regulation and the lack of proper safeguards procedures, which indicate the presence of a lawyer’s immunity to prosecute, in some way offset the possibility of a reliable mechanism for advocacy, and, consequently, a mechanism to protect human rights and freedoms, citizen. Key words: lawyer, guarantees of professional activity of the lawyer, lawyer’s immunity, lawyer’s responsibility, indemnity lawyer.

Civil relations
S.V. Melnik, Candidate of Juridical Sciences, assistant-professor Lukyanov Orel Law Institute of the Ministry of the Interior of Russia E-mail: m809sv@yandex.ru;
Yu.S. Spiridonova Lukyanov Orel Law Institute of the Ministry of the Interior of Russia E-mail: rudakovayulya@mail.ru
  • The main goal of the study is to identify existing problems in the field of protecting intellectual property rights to audiovisual works on the Internet, as well as to develop proposals for the development and improvement of the intellectual property protection system in the global network. The authors consider the main features and problems of domestic legislation in the field of intellectual property. A contradiction has been identified in determining the results of intellectual activity, which are presented in the Civil Code of the Russian Federation. Also features related to copyright protection on the Internet are presented. Key words: audiovisual works, intellectual property rights, the Internet, copyright, results of intellectual activity, intellectual property objects.

Civil 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
  • Modern China is a rapidly developing state in all spheres of activity. The effective government of the Communist Party in the conditions of the development of a market economy has led to high and quality results. The People’s Republic of China has become more open for contacts, international partnerships have developed, including the Russian Federation. In this regard, knowledge of the characteristics of a legal entity in China, its organizational and legal forms, is an important element in the system of progressive economic relations both at the global and local levels. Understanding the legal differences in the interpretation of the definition of a legal entity, the availability of analyzed information about its forms, types, powers and areas of activity, provides an opportunity to establish a new format of partnerships in the field of entrepreneurship with the business community of a neighboring friendly state. Key words: the People’s Republic of China, China, legal entity, state control, law, entrepreneur, business license, legal representative, foreign capital.

Civil relations
P.D. Portyanova postgraduate student of the South Ural State University E-mail: ivapola@mail.ru
  • The article is devoted to the analysis of one of the new ways of protecting the right for the Russian legislation: the «right to be forgotten» (stopping the display of links to Internet content containing certain information about the applicant). There is a comparative analysis of the content and implementation of the «right to be forgotten» in domestic and European law. The requirements of the legislation on information to which the «right to be forgotten» can be applied are analyzed, as well as the grounds for recognizing information as irrelevant. The categories «irrelevant information» and «information that has lost importance for the applicant» are compared. The competition of signs of public importance of information and the presence of public interest in information with the «right to be forgotten» is considered. Cases of refusal to satisfy requests for the application of the «right to be forgotten» by search engines, the grounds and legitimacy of such behavior are considered. It is concluded that there are signs of discreteness of Russian legislation in this area in the form of legal uncertainty and the presence of an invalid norm. Key words: discreteness of the legislation, «right to be forgotten».

Civil relations
M.G. Cheltsova, Candidate of Pedagogical Sciences Siberian University of Consumer Cooperatives E-mail: miki7575@mail.ru;
M.V. Cheltsov, Candidate of Pedagogical Sciences Siberian University of Consumer Cooperatives E-mail: marn99@mail.ru
  • The article defines the concept of «social risk». The relationship and mutual influence of this concept and social security law are considered. Legal phenomena are also identified. The analysis of characteristics of social risks is carried out. The signs and dynamics of classic and modern (modernized) social risks are considered. The main signs of social risks in modern society are determined. Their manifestation in legal grounds of the human right to social security is considered. Determine the impact of social risk on the social security law system. Based on the work done, it is argued that the situation, which is defined as social risk, may not coincide with the basis of social security defined by law. It is concluded that the concept of «social risk», in the system of law, is continuously transforming. The concept is not fully compensated in the practice of social activity. It requires further research on how to exercise the direct rights of citizens in the social security system. Key words: law, social security law, social risk, social risk situation, risk accounting, society, social protection, social security legal relations, society
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