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

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 is devoted to the study and evaluation of the doctrine of Eurasianism about the state and the political elite («ruling stratum») in the context of the current state of Russia and its development prospects. The relevance of the article is determined by the crisis situation of the modern state, what manifests in the etatization of public life and in the decline in the quality of political elites. Interest in the Eurasian doctrine is caused by the fact that overcoming the crisis of the state requires a return to the traditional principles and standards for the formation and evaluation of political elites. The interrelation of the main categories of Eurasianism is determined: symphonic personality, demotia, ideocracy, ruling stratum, leading selection. Evaluation of Eurasianism as a doctrine that raises questions about the ideocratic state, but does not provide answers about the forms and means of its construction, is considered correct by the authors of the article. The conclusion is made about the importance of studying the theoretical heritage of Eurasianism, the need for an objective and correct assessment of both true and erroneous provisions of this doctrine. Key words: Eurasianism, state, political elite, symphonic personality, demоtia, ideocracy, ruling stratum, leading selection.

State and legal regulation public relations
A.S. Prudnikov, Doctor of Juridical Sciences, professor, Honored Lawyer of the Russian Federation Kikot Moscow University of the Ministry of Internal Affairs of Russia E-mail: prudi1@rambler.ru

    • This article reveals the right of citizens to freedom of movement, choice of place of stay and residence, which is one of the main elements in the system of personal rights and freedoms of a person, an element of the constitutional and legal status of a person and a citizen in the Russian Federation. The author points out the problems of legal regulation due to the lack of a conceptual apparatus – such definitions as labor, temporary, short-term, long-term, educational (training), illegal, labor are not documented, there is no definition of organized attraction of foreign labor, quotas for attracting foreign labor. Concluding the consideration of these issues, the author concludes that the elimination of contradictions at the legislative level in the field of the implementation of the right of citizens to freedom of movement, the choice of place of stay should be determined by the legal status of foreign citizens and stateless persons in the Russian Federation. Key words: Constitution of the Russian Federation, law, movement, stay, citizen, choice, freedom, migration, problems.

State and legal regulation public relations
N.S. Rybolovleva postgraduate student of Management Academy of the Ministry of the Interior of Russia E-mail: n-rybolovleva@mail.ru

    • The author of the article examines the normative legal acts that contribute to the formation and development of public control over the activities of internal affairs bodies, as well as currently regulating the implementation of public control over the activities of the police. An important area of the state’s activity is the interaction of all state authorities with civil society institutions. A proper organization and implementation of control subjects over the activities of internal affairs bodies will contribute to the improvement of police work, transparency and openness of its activities, reducing corruption, and improving citizens’ trust in the police. Key words: internal affairs bodies, police, social control, social council, public chamber, citizen, state.

State and legal regulation public relations
M.E. Slabukho Russian MIA General Administration for the Novosibirsk Region E-mail: mslabukho2@mvd.ru

    • This article examines the role of legal liability in domestic law. The current problems of the modern theory of legal responsibility are identified, namely: the lack of a single concept of legal responsibility, the exact separation from the institution of punishment and the insufficient specification of the general provisions of the institution of responsibility in normative legal acts. The article presents an analysis of the emergence and formation of the concept of «responsibility» in pre-revolutionary law and reference scientific literature. The phenomenon of responsibility in various historical periods together with the concept of «punishment» is investigated. The author’s approach to improving the institution of legal responsibility in modern jurisprudence is presented. It is concluded that since the beginning of its formation at the turn of the XIVXV centuries, the concept of «responsibility» was used in law enforcement relations primarily in a negative aspect and was used to denote the state reaction to offenses without specifying the adverse consequences, which, in turn, were implemented through the use of various types of punishment. Key words: legal liability, concept of responsibility in law, evolution of responsibility, pre-revolutionary law, offense, punishment, old Russian law, history of law.

State and legal regulation public relations
N.I. Sukhova, Candidate of Juridical Sciences, assistant-professor Saratov State Law Academy Е-mail: sukhova777@yandex.ru

    • The author of the presented article considers the problem of the operation of the law, which has a multidimensional character. One of the sides of this problem is the phenomenon inherent in the process of legal regulation of neutralizing the regulatory properties of the law and bringing them to zero. To consider the process of reducing the effectiveness of the law and establishing the legality of using the concept of «neutralization», the author analyzes the semantic meaning of the latter, the features of its use in various fields of scientific knowledge, especially in jurisprudence, where this concept is resorted to as a general social means of expressing phenomena related to the circumstances of complete or partial inaction of legal norms. The available scientific literature developments on this issue, their critical assessment and elimination of positions that need additional argumentation became the basis of the proposed construction of the neutralization of the law. Key words: counteraction to the implementation of the law, neutralization of the law, forms of neutralization of the law, law-making, legal regulation, mechanism of neutralization of the law, legal implementation, legal force of the law.

State and legal regulation public relations
L.K. Fazlieva, Candidate of Chemical Sciences, assistant-professor Kazan Law Institute of the Ministry of Internal Affairs of Russia E-mail: LKFaz@mail.ru

    • The reservation of land plots for municipal needs leads to the restriction of the rights of the title holders of land rights. The law enforcement act for the reservation of land plots are the decisions of local government bodies, containing the criterion of municipal needs, including the aspect of a natural object. The author conducted a critical analysis of Russian legislation and the law enforcement practice regarding, to the powers of local self-government bodies to reserve land plots, which does not allow identifying the needs of municipalities. The absence of criteria definitions as «state or municipal needs» in the sphere of reserving in the legislation leads to a violation of the rights and legitimate interests of the owners of land plots. The legal position of the judiciary and the argumentation of researchers on the designated theme were examined in the article. The main aspect in resolving the issue of local importance on the reservation of land plots is to maintain a balance of private and public interests. Key words: powers of local self-governments, reservation of land plots, restriction of rights, state and municipal needs, reasons for reserving of lands for state and municipal needs, procedure of land reservation, balance of public and private interests.

Administrative law and administrative process
T.O. Atanova Far Eastern Law Institute of the Ministry of Internal Affairs of Russia (Vladivostok branch) E-mail: ATO13-85@ yandex.ru

    • The author of the article investigates the measure of administrative coercion in the form of driving license suspension for committing systematic administrative offenses in the area of road traffic, proposed by the draft new Code of the Russian Federation on administrative offenses. The article analyzes the concept of systematic offenses and their list. It presents the reasons for tougher liability for committing these offenses, which increase the list of circumstances for deprivation of the right to drive a vehicle. A number of problems that will lead to certain difficulties in applying the provisions on systematic violations in practice are highlighted, including directly during the execution of a sentence. This study allows us to determine the main disadvantages of the introduction of administrative punishment in the form of deprivation of the right to drive a vehicle for the systematic Commission of administrative offenses. The article provides recommendations for improving legislation in the field of road traffic regarding administrative offenses, the Commission of which leads to a significant increase in road traffic violations, as well as alternative measures for their prevention. Key words: the right to drive vehicles, administrative responsibility, deprivation systematic violations, road accidents, administrative offence.

Administrative law and administrative process
M.A. Buchakova, Doctor of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior 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 examines the international legal mechanism for combating domestic violence, its legal development in terms of the adoption by states of convention agreements aimed at protecting women and children as subjects of legal relations from physical, mental and other violence manifested in the family and domestic sphere. The importance of the activities of international organizations, including the European Court of Human Rights, aimed at protecting victims of domestic violence, the manifestation of which was crimes and administrative offenses of a violent nature, infringing upon an individual, his rights and freedoms, life and health, is noted. The protection of the personal rights and freedoms of man and citizen, the maintenance of family values are becoming the priority directions of the state policy of different countries. The authors conclude that there is a well-coordinated international legal mechanism for counteracting domestic violence in the modern world. The effectiveness of this mechanism is determined by the relationship and interaction with the national institutions of states to counter violence in the family and everyday life. Key words: family protection, combating domestic violence, conventions, European Court of Human Rights, international law.

Administrative law and administrative process
A.V. Verenich postgraduate student of Omsk Academy of the Ministry of the Interior of Russia E-mail: platon0906@mail.ru

    • The article deals with some problems of administrative and legal protection of minors in case of violation by parents or legal representatives of their rights and legitimate interests, entailing the occurrence of circumstances that pose a direct threat to the life and health of children. The specifics, forms and mechanisms of protection of children’s rights are analyzed, attention is focused on the jurisdiction of the bodies of the prevention system in solving issues about the life of minors, when they are in conditions that threaten their life and health. The article analyzes the criteria for the application of administrative and legal measures to guarantee the rights of minors, and addresses the problems of the effectiveness of legal protection of children. It is noted that it is necessary to regulate activities for the life of children in case of an immediate threat to their life and health. It is proposed to streamline the activities of subjects of prevention to protect the rights of children. It is concluded that it is necessary to specify and supplement the current legislation in the field of administrative law, taking into account the current problems in law enforcement. Key words: withdrawal, protection, child, parents, family, threat to life.

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 article analyzes the main directions of administrative activities of local police officer during the daily preventive inspection of the serviced administrative area. A certain algorithm of actions of a police officer in the process of personal acquaintance with the population of the residential sector and establishing mutual trust with citizens is proposed. The author considers the procedure for studying and analyzing the operationally relevant information received during the preventive inspection of the territory, obtained through the visual observation of the local police officer, provided in the process of personal communication with citizens, including those established when sending official requests. It also notes the specifics of conducting checks on information about foreign citizens and stateless persons who are in an administrative area in violation of the rules of entry or the regime of stay or residence. The issues of individual preventive work with persons living in the residential sector of the administrative district, prone to committing domestic crimes and offenses, suffering from drug addiction and alcoholism are discussed. Key words: administrative district, administrative offenses, local police officer, preventive work, registration at the place of residence or stay, illegal labor activity of migrants, domestic offenses, family and domestic conflicts

Administrative law and administrative process
I.V. Slyshalov, Candidate of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior of Russia Е-mail: 8913967@gmail.com;
S.I. Koryts Omsk Academy of the Ministry of the Interior of Russia Е-mail: kail1@list.ru;
D.S. Rudman, Candidate of Juridical Sciences, assistant-professor Omsk Academy of the Ministry of the Interior of Russia Е-mail: denis-rudman@yandex.ru

    • The article discusses the legal and organizational basis for testing the theoretical knowledge of candidates for drivers of vehicles in the Russian Federation. A comparative analysis is carried out with similar procedures in other countries. The possibility of withdrawing exam tickets from the free sale in our country is considered, and the conclusion is made that such an action is redundant and that there are no sufficient legal instruments for its implementation. The necessity of embedding interactive material in exam tasks and developing an alternative set of exam ticket tasks that would not be intended for free circulation is argued. Key words: safety, traffic, driving licence, examination tickets, vehicle

Administrative law and administrative process
S.V. Yarkovoy, Candidate of Juridical Sciences Arbitration Court of the Omsk Region E-mail: om.as@yandex.ru

    • The article examines the essence and main characteristics of the law enforcement activities of executive authorities and other public administration bodies to bring individuals and legal entities to administrative responsibility (administrative punishment). This activity is aimed at ensuring the protection of public relations protected by law from administrative offenses through their prevention, suppression and bringing persons, who have committed such offenses, to administrative responsibility. The author identifies three groups of requirements for the legality of administrative-punitive activity: 1) requirements for the exact, complete and correct application of the substantive norms of administrative law that determine the principles and general rules for bringing to administrative responsibility; 2) the requirements for the exact, complete and correct application of substantive norms of administrative law that determine the legal structures of the compositions of specific administrative offenses; 3) the requirements for accurate, complete and correct application of administrative procedural norms that establish the rules for carrying out proceedings in cases of administrative offenses, and gives relevant examples of their violation in practice. Key words: administrative responsibility, administrative offense, administrative-punitive activity, administrative-public bodies, proceedings on cases of administrative offenses, legality, legality requirements, substantive norms of administrative law, administrative procedural norms.

Criminal law, criminology, criminal and executive right
E.P. Vesnina Altai State University Е-mail: ektsukhanova@mail.ru

    • The article substantiates the necessity of differentiating criminal liability for committing depraved acts against persons under the age of 12. An assessment of the sign «use of the Internet» was carried out taking into account the criteria for differentiation of criminal liability proposed in the legal literature (significant impact on the degree of public danger: typicality and relative prevalence; connection with the deed). Comparison with sanctions of other crimes in relation to minors showed the disproportionate and disproportionality of the punishment established for committing depraved acts in relation to persons who have not reached the age of 12 of punishment. It is concluded that it is necessary to allocate a privileged corpus delicti for committing depraved acts against persons under the age of 12 using the Internet in order to implement the principle of justice. Key words: use of the Internet, differentiation of criminal liability, sexual depravity, public danger, principle of justice.

Criminal law, criminology, criminal and executive right
I.V. Osipov Management Academy of the Ministry of the Interior of Russia E-mail: iosifosipov782@gmail.com

    • The article examines the legal categories «size» and «loss avoidance», which express the size of criminal activity in the structures of crimes in the sphere of economic activity, and determines the content of this feature. The size of the criminal activity as a formal element of the crimes in the sphere of economic activity is an objective physical criterion, which characterizes the scale of its distribution and, depending on the specific crime in the sphere of economic activity, is expressed in the object of the crime through the concept of «value» with the evaluation characteristics and determining the subject of crime with their property assessment, and also in the objective side is through the concept of «amount» and «loss avoidance», establishing the scale of the criminal acts in terms of his expression. Key words: the size of criminal activity, formal element of the crimes, amount, cost, loss avoidance.

Criminal law, criminology, criminal and executive right
T.A. Plaksina, Doctor of Juridical Sciences, assistant-professor National Research Tomsk State University Е-mail: plaksinata@yandex.ru

    • The article is devoted to the analysis of the sanctions of Article 318 of the Criminal Code of the Russian Federation and statistical data of 2013-2019 for the Russian Federation on the penalties imposed for the use of violence against a representative of the power. The sanctions of Article 318 do not need to be corrected without changing the signs of the elements of crimes fixed in it. In judicial practice the public danger of using violence against a representative of the power is generally not regarded as high. The penalties are concentrated in the lower segments of the sanctions, very rarely going beyond their median. However, due to the lack of differentiation of criminal responsibility, there is a risk of unfair (excessively severe) punishment. Key words: punishment, sanction, imposition of punishment, use of violence, threat of violence, representative of the power.

Criminal law, criminology, criminal and executive right
E.G. Telegina, Candidate of Juridical Sciences Kuban State University (Novorossiysk branch) E-mail: lady.lena-telegina@yandex.ru;
P.Yu. Razmetov Kuban State University (Novorossiysk branch)

    • Terrorism has become a real global problem around the world and is an irrational mix of religious, national, ambitious and nihilistic projects with emotions, but it always carries a political burden. His goal is to intimidate the population. This problem requires an effective solution, which can be found only by finding out the causes of terrorism, studying the moral and psychological characteristics of the terrorist’s personality, as well as understanding the purposes pursued by modern international terrorism. Key words: international terrorism, causes of terrorism, psychological portrait, means of fighting terrorism.

Criminal law, criminology, criminal and executive right
R.R. Umatkulova postgraduate student of Ufa Law Institute of the Ministry of Internal Affairs of Russia E-mail: rumatkulova@mvd.ru

    • The article discusses the reasons for the presence of discretion in the activities of institutions of the penal system. Negative manifestations of discretion on the part of state authorities, as well as possible ways to solve them, are also considered. The main principles of the penal system that should be used at discretion are revealed. The article provides examples of synonyms of the concept of discretion, as well as regulates the freedom of choice of these synonyms by institutions of the penal system. The concept of discretion is considered as a freedom limited by certain legal norms, and also becomes an additional tool for the implementation of legal norms, i.e. it is a legal discretion, since the law is a fundamental regulator of public life. The article proposes to introduce some legislative changes for the use of discretion in the activities of institutions of the penal system. Key words: discretion, public authorities, powers, abuse of power, freedom of choice, expediency, effectiveness, penal legislation.

Criminal trial, criminalistics, forensics, operatively-search activity
D.V. Kurakov, Candidate of Juridical Sciences Lukyanov Orel Law Institute of the Ministry of the Interior of Russia E-mail: denis.kurakoff@yandex.ru

    • The issues of obtaining evidence and its use are quite specific and strict, which does not allow the preliminary investigation bodies to carry out a large number of actions that formally go beyond the scope of criminal proceedings, but in practice turn out to be more effective. In such cases, the capabilities of precisely the operational-search activity, which, unlike the criminal procedure, have a wider range of powers, as well as greater variability in terms of planning and conducting individual events, are actualized. Key words: operational-search activity, results of operational-search activity, operational-search measures, investigative actions, institution of criminal proceedings, preliminary investigation, crime, investigative units.

Criminal trial, criminalistics, forensics, operatively-search activity
A.G. Monin AO «EIC "STRAZH"» Е-mail: monin@strazh.ru;
A.V. Kondakov, Candidate of Juridical Sciences, assistant-professor Saint Petersburg Academy of the Investigative Committee of the Russian Federation Е-mail: akondakov77@mail.ru;
D.Yu. Dontsov, Candidate of Technical Sciences Volgograd Academy of the Ministry of the Interior of Russia Е-mail: don3108@mail.ru

    • The present article considers topical issues of forensic investigation of mechanical key locks with a cylinder and lever tumbler block of secret, which are unlocked by means of criminal influence. Among them, the bump and self-formation method is widely used. At the same time, there is no description of the characteristics of locks characterizing this method in modern forensic literature. This does not allow to differentiate the traces of the formed during the process of regular opening and criminal influence on the mechanism of the lock. Key words: forensic investigation of mechanical locks, manipulation method, unlocking by foreign object, tracological examination of locks.

Criminal trial, criminalistics, forensics, operatively-search activity
V.V. Ovsyannikov postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: vvovsyannikov22@mail.ru

    • The article deals with the historical aspects of the development of the doctrine of the external appearance of man. The features of the external appearance proposed by forensic scientists at various stages of the development of this teaching are analyzed. The terminology of the authors who stand at the origins of the formation and development of the considered doctrine is presented. Based on the current development of various fields of science and technology, due to the process of global digitalization, a number of trends in the further conceptualization of the main provisions of this doctrine are identified. In conclusion, the author, taking into account the study of the provisions on the external appearance of a person and information processes in criminology, proposes to consider the definition of the essence of the external appearance of a person involved in the commission of a crime, as a forensic information system. Key words: habitoscopy, the appearance of the face, signs of appearance, crime, forensic information system.

Criminal trial, criminalistics, forensics, operatively-search activity
V.V. Pushkarev, Candidate of Juridical Sciences, assistant-professor Kikot Moscow University of the Ministry of Internal Affairs of Russia;
A.Yu. Tereкhov, Candidate of Juridical Sciences, assistant-professor Ufa Law Institute of the Ministry of Internal Affairs of Russia

    • Cryptocurrency is a subject or a means of committing crimes, but the practice of investigating criminal cases about crimes committed using cryptocurrency is insignificant. This is due to the novelty of complex economic relations, the gap in their legal regulation, the anonymity of the transactions performed and the difficulties in identifying them in the information and telecommunications space. However, due to the increasing interest in cryptocurrency, it is becoming more widespread, the ways of committing crimes with it are improving. The article describes the existing situation related to the investigation of crimes using cryptocurrency committed on the territory of the Russian Federation, which made it possible to typologize the methods of committing such acts, form a scientific understanding of the phenomenon under study, analyze and classify the identified problems of pre-trial proceedings and criminal prosecution of persons, suggest ways of their permissions. Key words: pre-trial proceedings, investigator, cryptocurrency, digital rights, digital economy criminal prosecution.

Criminal trial, criminalistics, forensics, operatively-search activity
A.V. Spirin, Candidate of Juridical Sciences, assistant-professor Ural Law Institute of the Ministry of the Interior of Russia Е-mail: a_v_spirin@bk.ru

    • The article deals with the concept of «special activities of the prosecutor». The author considers that the diversity of the prosecutor‘s criminal procedure is not exhausted by the prosecution and supervision. On the basis of the legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the publication of scientists, the author concludes that the special activity of the prosecutor in criminal proceedings should be considered one that cannot be fully attributed either to indictment activities (criminal prosecution activities) or to supervisory activities. The author identifies and refers to several such special activities in the article. According to the author, an in-depth study of the concept of special activities makes it possible to identify among the powers of the prosecutor in criminal proceedings those that currently remain on the periphery of scientific attention and reflection, as well as to allow for a deeper and more comprehensive construction of the concept of criminal procedure activities of the prosecutor. Key words: prosecutor, pre-trial proceedings, procedural decisions, special activities of the prosecutor, public interest, criminal trial, legal means, criminal procedure activity.

Criminal trial, criminalistics, forensics, operatively-search activity
S.A. Stepanov, Candidate of Juridical Sciences Novosibirsk State University of Economics and Management Е-mail: stepanovsa041178@yandex.ru

    • The article discusses some aspects of the introduction of electronic document management in criminal proceedings of the Russian Federation in the investigation of crimes, based on the use of blockchain technology. The article provides an analysis of foreign experience in using the electronic format of investigation and registration of its results in criminal proceedings. The advantages of introducing an «electronic criminal case» in criminal proceedings are substantiated. The concept of operation of the «electronic criminal case» software and its use by the subject of investigation is also proposed. Key word: investigative bodies, legal proceedings, forensic research, digital tools, digital shell, digital criminal case, subject of investigation.

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

    • The article deals with the procedural procedure for placing a criminally persecuted person in the status of an accused. Attention is drawn to the tendency to blur the difference in the legal significance of suspicion and accusation in criminal proceedings. A comparison of the grounds and order of presentation of the charges and acquaintance with the indictment and the indictments decree finds that the rights of parties to criminal proceedings, depending on the procedure are provided in varying degrees of completeness and formality of differentiation of procedural documents containing the charges and placed in pre-trial proceedings. Arguments are given for the high cost and excessive formalization of the institution of involvement as a defendant. The proposal to abandon the Institute of indictment in the form, in which it is provided Chapter 23 of the Code of Criminal Procedure of the Russian Federation, based on the analysis of current criminal procedural relations, legal and doctrinal sources. The main directions of optimization of the institution of involvement as an accused are defined. Key words: suspect, accused, suspicion, accusation, presentation of charges, familiarization with the charge, notification of suspicion, decision to bring as an accused, indictment

Criminal trial, criminalistics, forensics, operatively-search activity
A.E. Сhechetin, Doctor of Juridical Sciences, professor, Honored Lawyer of the Russian Federation Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: achechetin@mail.ru;
Yu.V. Anokhin, Doctor of Juridical Sciences, professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia
I.D. Shatokhin, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: sha_to_hin@mail.ru

    • The article examines the problems of ensuring the rule of law and the rights of citizens when conducting public surveys of residential and other premises in the operational-search activities of the internal affairs bodies. The authors show specific shortcomings and gaps in the departmental legal regulation of this operational-search activity, which require their elimination. Based on the analysis of the materials of complaints to the Constitutional Court of the Russian Federation, typical violations of individual rights during public surveys are revealed and it is concluded that the modern operational and investigative practice of using public surveys, primarily residential premises, does not fully comply with the constitutional principle of respect for and observance of human and civil rights and freedoms. Key words: Constitutional Court of the Russian Federation, operational-search activities, operationalsearch measures, public survey, ensuring the rights of citizens.

Civil relations
T.V. Aleksanova National Research Lobachevsky State University of Nizhny Novgorod E-mail: Aleksanova@yandex.ru;
Yu.L. Mareev, Candidate of Juridical Sciences National Research Lobachevsky State University of Nizhny Novgorod E-mail: mareyew@mail.ru;
O.N. Yurgel National Research Lobachevsky State University of Nizhny Novgorod E-mail: yurgelorsana@yandex.ru

    • The article is devoted to the existing and potential opportunities for the participation of a prosecutor in modern civil proceedings in the light of the latest changes introduced to the Code of Civil Procedure of the Russian Federation by Federal Law No. 451-FZ of November 23, 2018. The authors try to determine the reasons that objectively push to expand the grounds for the participation of the prosecutor in civil proceedings, to identify their connection both with the unification of the civil process as a whole, and with a radical modernization of the civil procedure, including a deep revision of its traditional principles. The issue of the possibility of the participation of a prosecutor in civil proceedings in defense of the rights and legitimate interests of a group of persons is being discussed. Key words: prosecutor, unification of the process, accessibility of justice, grounds and forms of participation of the prosecutor, protection of the rights of a group of persons.

Civil relations
V.Yu. Karpychev, Doctor of Technical Sciences, professor the FTS of Russia Training Institute E-mail: kavlyr@yandex.ru;
M.V. Karpychev, Candidate of Juridical Sciences, assistant-professor National Research Lobachevsky State University of Nizhny Novgorod E-mail: jurius-nn@yandex.ru

    • The article examines the compliance of the novelties of the Federal Law № 34-FZ of March 18, 2019 amended Part One, Two and Article 1124 of Part Three of the Civil Code of the Russian Federation with doctrinal ideas about the technical appearance and legal regime of modern digital technology-smart contract. It is concluded that the legatimized requirements differ significantly from the capabilities of existing smart technologies. Variants of elimination of the revealed discrepancies are offered. Key words: smart contract, self-executing contract, digital rights, legal regulation.

Civil relations
A.V. Panchuk postgraduate student of Altai State University E-mail: panchukanton1836@yandex.ru

    • The concept of real estate has long been the subject of various discussions, as it is a significant social object, and it has high economic value. There is not single position on what real estate is and how to determine it in the array of other things involved in civil circulation in the scientific community. At present, the question of an unformed clear definition of real estate in civil law science has been posed for a long time and is periodically reproduced in the works of various scientists. And although the courts and other law enforcement agencies are trying to answer this question by developing various methods and recommendations, these positions of state bodies are based on prevailing judicial practice, which made mistakes in identifying the property as an immovable. Thus, it is impossible to talk about the further improvement of civil legislation and the correct resolution of disputes about the relevance of certain things to real estate and the extension of the corresponding legal regime to it without a clear regulatory reinforcement. We believe that today there is a need to determine both the essential features of an immovable and the concept of understanding real estate, in line with which it is necessary to develop this institution of civil law. Key words: real estate, civil circulation, state registration, land plot, close connection with land, independent appointment, cadastral registration, unified state register of real estate.

Civil relations
D.A. Shaportov Kutafin Moscow State Law University (MSAL) E-mail: dima_shaportov@mail.ru

    • The issue of employees’ rights protection has always been and remains actual for the law enforcement bodies of the Russian Federation. This article is devoted to the analysis of employer’s right to dismiss his/her employee for unexcused absence, if the latter has not visit doctor on time. Despite the fact that the institution of disciplinary responsibility was created to provide the employer with a mechanism of influence on his/her unscrupulous employees, the legality of dismissal of an employee at the initiative of an employer in case of his/her failure to visit a doctor is really controversial now. The author of the article shows various points of view on this issue and presents his own conclusion based on the analysis of views of administrative and judicial authorities acting in different Russian regions. In the Russian legislation there is not a presumption of the fact, that an employee is not ill, if his/her sick leave is expired. However, the analysis of judicial precedents shows that such legal rule acts and that an employer is entitled to dismiss his/her employee in this case. Key words: employment law, expired sick leave, legality of dismissal, unexcused absence.
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