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. Akapiev, Candidate of Pedagogical Sciences Putilin Belgorod Law Institute of the Ministry of the Interior of Russia E-mail: akapevvl@yandex.ru;
A.A. Droga Putilin Belgorod Law Institute of the Ministry of the Interior of Russia E-mail: ABulet@rambler.ru;
S.E. Savotchenko, Doctor of Physical and Mathematical Sciences, assistant-professor Putilin Belgorod Law Institute of the Ministry of the Interior of Russia

    • A functional and structural analysis of modern technologies for regulating information conflicts in computer networks is carried out. The foreign experience of using information and communication technologies for solving problems connected with uneven distribution of information resources is analyzed. Sources of information conflicts in networks and relations in networks regulated by information law are identified. Four main problems of regulation in the information space of emerging information conflicts are formulated. Key words: information conflict, information resources, information law, the Internet, computer crimes, conflict resolution.

State and legal regulation public relations
M.A. Baydarova degree-seeking student of Saratov State Law Academy E-mail: fetisowa.marina2010@yandex.ru

    • The appearance and introduction of exceptions to the legal norm is connected with the impossibility to standardize the whole variety of social relations only on the basis of unified rules. The unique phenomenon that allows to overcome the reference nature of the law, remaining within the framework of the latter, is legal exceptions. Exceptions to the rules are necessarily implemented in the rule of law. Norms are objectified in the real world in officially recognized forms. These include legal custom and precedent. The author considers the problematic issues of fixing exceptions in the customs and acts of the higher judicial authorities, stressing the objective difficulties of their implementation. Key words: exception, legal custom, law-making, precedent, jurisprudence, diversity, form of law, legal norm.

State and legal regulation public relations
R.G. Nurmagambetov, Doctor of Philosophy in Law (Ph.D), Associate Professor Law Institute of the South Ural State University E-mail: orel032@mail.ru

    • Theoretical and legal study of the essence of the limits of constitutional regulation is important for the science of constitutional law, as it allows to eliminate the existing uncertainty in this matter. As a result of retrospective theoretical analysis of this scientific work, the author comes to the conclusion that the limits of constitutional regulation fix the conditions (objective and subjective) that ensure compliance with the principle of sufficiency in constitutional regulation, determine the boundaries of expediency of regulation of relations included in its subject, the boundaries of state-power interference in the sphere of constitutional regulation. The author believes that the limits are closely related to the sphere, i.e. the area of potential constitutional relations that fall under the influence of the norms of the Constitution of the Russian Federation. Key words: limits of the constitutional regulation, sphere of the constitutional regulation, public relations, borders, constitutional relations, norm.

State and legal regulation public relations
O.D. Ovchinnikova, Сandidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: olesya901@mail.ru;
A.M. Shagаnyan, Сandidate of Juridical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: sha-anneta@mail.ru

    • The article is devoted to the consideration of the process of realization of the demographic function in Russia at the present time, identifies the key points that are important for increasing the population (increasing fertility, quality and life expectancy, reducing maternal and infant mortality). Theoretical positions are illustrated by statistical data, and also norms of the domestic legislation. The ways of overcoming the existing problems are formulated. Key words: demographic function, maternal mortality, infant mortality, life expectancy, demographic situation, demographic policy, maternal capital.

Administrative law and administrative process
D.V. Andreev postgraduate student of Omsk Academy of the Ministry of the Interior of Russia Е-mail: adv1986@rambler.ru;
V.V. Tyryshkin, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: witsan333@yandex.ru

    • The issues of bringing to administrative responsibility of persons with special administrative-legal status is currently quite topical in view of the fact that these aspects are not fully disclosed in federal laws governing the legal status of these persons, and the Administrative Offences Code of the Russian Federation includes a reference to the data of federal laws regarding special conditions of application of administrative proceedings and bringing administrative responsibility of the entities. The Administrative Оffences Code of the Russian Federation does not include an exhaustive list of persons with special administrative and legal status, which is also an obstacle for police officers in case of detection of administrative offenses committed by these persons. As part of the improvement of administrative legislation, the authors propose to introduce a separate chapter in the draft of the new code of administrative offences of the Russian Federation devoted to bringing persons with special administrative and legal status to administrative responsibility. It is mandatory to include in the content of this chapter a list of these persons, as well as the procedure for bringing them to administrative responsibility. Key words: administrative responsibility, administrative proceedings, administrative penalties, measures to ensure the administrative proceedings, persons with special administrative and legal status.

Administrative law and administrative process
A.A. Bezhentsev, Сandidate of Juridical Sciences, assistant-professor Saint Petersburg University of the Ministry of the Interior of Russia E-mail: adovd@mail.ru

    • The article reveals the notion of interaction, considers the interaction functioning models as a social category, analyzes the elements of coordinating the activities of the subjects of the juvenile delinquency prevention system, which include a joint assessment of the operational environment, the sharing of information about incidents, mutual briefings, collective preparation of documents, conducting periodic preventive events, raids and special operations, proposed provisions for optimizing the considered areas of activity. The author has made conclusions about the need for the prevalence of juvenile humanistic activities in the law-enforcement activity of the subjects of the system of the prevention of administrative tort. Key words: prevention of juvenile delinquency, prevention of juvenile crimes, interaction, police, juvenile affairs inspector, media, preventive operation, crime prevention planning.

Administrative law and administrative process
D.V. Gribanov, Doctor of Juridical Sciences, professor Ural State Law University E-mail: dvgribanov@mail.ru;
K.E. Kovalenko, Candidate of Juridical Sciences, assistant-professor Altai State University E-mail: kovalenko1288@mail.ru;
N.E. Kovalenko Altai State University E-mail: barnaulforum@gmail.com

    • Increased attention to the problem of road safety has the most serious reasons: Russian mortality rates in road traffic accidents have been in recent years and continue to be at a very high level. The sphere of the road is the social relations that each of us encounters every day. The experience of estimating dangerous driving in foreign countries makes it possible to analyze the consequences of both the psychological qualities of the driver and the operation of legal norms, thus making it possible to significantly reduce costs. This article contains an analysis of the concept of «dangerous (aggressive) driving» developed in Chinese law. The reasons influencing the formation of such behavior among drivers of vehicles are determined, and possible ways of solving this problem are considered. A comparison is made with the related concept of «aggressive driving». Conducting comparative legal research in the field of assessing hazardous driving will improve not only the quality of law-making activities, but also the legal culture of drivers. Key words: dangerous driving, aggressive driving, legal culture, legislation, state.

Administrative law and administrative process
V.V. Mal’chenkova, Candidate of Pedagogical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia;
E.V. Mal’chenkov, Candidate of Pedagogical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: malchenkovev@mail.ru

    • Currently, the issue of unauthorized high-speed street racing is not sufficiently regulated by law. In this regard, the society has matured a request for the introduction of punishment for street racers and road hogs whose actions violate not only the traffic rules, but also public order, which, consequently, is inextricably linked to socially dangerous consequences. The lack of regulations restricting street racing is a problem that needs to be adjudicated. The article deals with the administrative-legal and criminal aspects of illegal street racing on the territory of the Russian Federation. The authors describe its essential details, as well as the main features. The authors propose to legislate the process of street competitions of drivers and participation in them. Also, taking in consideration the analysis of foreign legislation, the authors justify the need of the introduction of liability for violation of the established requirements for legal street racing on the territory of the Russian Federation. Key words: street racing, high-speed street racing, administrative prejudice, criminal liability, administrative liability, grave consequences.

Criminal law, criminology, criminal and executive right
O.B. Dronova, Candidate of Juridical Sciences, assistant-professor Volgograd Academy of the Ministry of the Interior of Russia Е-mail: dronovao1@rambler.ru;
B.P. Smagorinskiy, Doctor of Juridical Sciences, professor, Honored Scientist of the Russian Federation Volgograd Academy of the Ministry of the Interior of Russia Е-mail: nio-va@rambler.ru

Criminal law, criminology, criminal and executive right
A.V. Kursaev, Candidate of Juridical Sciences The Department of state service and personnel of the Ministry of Internal Affairs of Russia E-mail: kursaev@list.ru

    • The article examines the validity of the criminal law prohibition for non-payment of wages and other social payments and proves that there was a partial depenalization of responsibility for this act. The problems of qualification of crime under article 1451 of the Criminal Code of the Russian Federation. Attention is drawn to the criminal-legal assessment of the time of Commission of the crime and the circumstances associated with it (full and partial non-payment of wages, the end of the crime, calculation of limitations period). Proposals are formulated for further differentiation of liability for partial non-payment of wages by criminalizing not only its payment in the amount of less than half of the amount due, but also in the amount of less than the subsistence minimum. The necessity of specification of serious consequences in part 3 of article 1451 of the Criminal Code of the Russian Federation is proved. Key words: non-payment of wages, depenalization, time of the crime, limitations period, serious consequences.

Criminal law, criminology, criminal and executive right
A.A. Likholetov, Candidate of Juridical Sciences Volgograd Academy of the Ministry of the Interior of Russia Е-mail: A.Likholeotov@mail.ru;
M.A. Bugera, Candidate of Juridical Sciences, assistant-professor Volgograd Academy of the Ministry of the Interior of Russia Е-mail: ma.bugera@mail.ru

    • Countering counterfeiting is still one of the most current areas of law enforcement. The article considers proposals for amendments to the current version of article 186 of the Criminal Code of the Russian Federation in part of the expansion of the list of alternative actions due to the addition of a criminal offense in the form of acquisition, the inclusion of a qualifying sign «committing a crime by a group of persons by prior agreement». In addition, the issues of qualifying acts related to the sale of counterfeit money to a person who is aware of their fake are analyzed. In order to minimize errors in qualifying a crime under article 186 of the Criminal Code of the Russian Federation and the formation of a uniform judicial practice, it is proposed to amend the current decree of the highest judicial instance regarding the distinction between counterfeiting and fraud on the object and subject of encroachment. Key words: manufacturing, qualification, fraud, acquisition, counterfeit money, group of persons, sale, storage, counterfeiting, continued crime.

Criminal law, criminology, criminal and executive right
A.P. Peretolchin postgraduate student of East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: peretart@gmail.com

    • The article raises problems of electronic payment facilities fraud qualification. Currently, more and more transactions are paid by deposit or credit plastic cards, or by a contactless payment method, as well as through mobile devices with pre-installed software. An actual trend is the improvement of forms and types of theft, the subject of which are electronic payment facilities. In this area, fraud is becoming more diverse forms and types. The analysis of law enforcement practice allows us to conclude that despite the changes made by the legislator in the criminal law in the area of prevention crimes against property, there are significant different approaches and positions of the qualification of criminal offenses committed using electronic payment facilities. Key words: fraud, crime prevention, electronic payment facilities, criminal liability, deception, qualification, crimes against property, judicial practice.

Criminal law, criminology, criminal and executive right
D.V. Puchkov, Candidate of Juridical Sciences Ural State Law University Е-mail: d.puchkov@loys.law

    • The author considers the main criminological problems affecting the prevention of crime in the implementation of cyber technologies in this article. It is determined that the main directions of such counteraction should be the formalization of the principles and advanced forms and methods of strategic counteraction of cybercrime in order to ensure an appropriate response to such manifestations. The main elements of such counteraction raised to the rank of programs or strategies should include special preventive measures, legislative requirements, the existence of specialized law enforcement units, the system of interdepartmental cooperation, etc. It is indicated that in addition to other measures, a high level of professional training in the field of cybersecurity and the introduction of a holistic strategy for training law enforcement officers acquires the character of one of the strategic priorities of combating cybercrime. Key words: criminal law, criminology, crime prevention, crime, cybercrime, cyber technologies, legislation.

Criminal law, criminology, criminal and executive right
E.G. Telegina, Candidate of Juridical Sciences Kuban State University E-mail: lady.lena-telegina@yandex.ru
M.A. Lukieva Kuban State University

    • The article considers the role of legal awareness and legal culture in the system of crime prevention measures. Aspects of the influence of legal culture on overcoming crime in contemporary Russian society are revealed. The results of the socio-legal and socio-psychological studies of citizens’ awareness of the norms of law and legislation of the Russian Federation are described; determining the level of requirements by society for the legal regulation of public relations and for the dissemination of legally relevant information; as well as attitudes to the legislative, executive and judicial branches of Russia. As a tool to combat crime, a number of measures are proposed that contribute to the formation of legal awareness and legal culture. Key words: legal consciousness, legal culture, legal nihilism, legal infantilism, rebirth of legal consciousness, legal education, deformation of justice, crime prevention.

Criminal law, criminology, criminal and executive right
O.М. Shaganova, Сandidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: olga.shaganova@yandex.ru

    • The article is devoted to a comparative analysis of the norms of Russian and foreign legislation on cruelty to animals. It deals with objective and subjective aspects of the relevant offenses. Regarding the criminal action, that is a part of the objective aspect of these crimes, in terms of criminal responsibility for cruelty to animals foreign legal acts are divided into three groups. The author analyzes criminal law standards establishing liability for cruelty to animals under applicable laws of Sweden, Georgia, Austria, Belgium, Spain, France, Ukraine, Lithuania, Latvia, Estonia, the Republics of Kyrgyzstan, Belarus and Kazakhstan. According to the results of the study, the author highlights the specifics of presentation of foreign norms providing for criminal liability for such crimes, and underlines the possibility of borrowing certain features of their development for Russian criminal legislation. Key words: cruelty to animals, criminal liability, animal, law of crimes.

Criminal trial, criminalistics, forensics, operatively-search activity
O.I. Belokobylskaya, Candidate of Juridical Sciences Volgograd Academy of the Ministry of the Interior of Russia E-mail: belokob-olga @yandex.ru;
S.V. Katkov, Candidate of Juridical Sciences Volgograd Academy of the Ministry of the Interior of Russia E-mail: sv.katkov @yandex.ru

Criminal trial, criminalistics, forensics, operatively-search activity
Yu.P. Garmaev, Doctor of Juridical Sciences, professor East Siberian branch of the Russian State University of Justice E-mail: garmaeff1@mail.ru

    • The article is devoted to theoretical and methodological problems of selecting of grounds form a private (or other) forensic investigation techniques and group crimes by developer. Typical mistakes of individual scientists-criminalists are considered, some rules of a choice by the researcher of a type or group of the crimes allocated on the criminal-legal or criminalistically significant basis are offered. Key words: criminalistic methodology, bases of formation, theory and methodology of criminalistics, fraud, type or group of crimes, problems of investigation.

Criminal trial, criminalistics, forensics, operatively-search activity
D.Yu. Kashirsky, Candidate of Technical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia;
S.A. Ulrich, Candidate of Technical Sciences, assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia;
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

Criminal trial, criminalistics, forensics, operatively-search activity
A.E. Kriger, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: alex.kriger@mail.ru

    • In this article the author considered a number of definitions of crime detection activity. The article deals with the «subjects» and «participants» of crime detection activity. The author analyzes the opinions of various scholars of both the theory of crime detection activity and the criminal process. The results of the analysis allow the author to come to the conclusion that many scientists do not make significant differences between the studied categories. Based on the research the author reveals that the subject and the participant are similar in content but different in the meaning. At the same time, insufficient legislative regulation of the above concepts can lead to considerable violations of the rights and legitimate interests of an individual immediately after his involvement in the sphere of operational and investigative legal relations. Key words: crime detection activity, a subject, a participant.

Criminal trial, criminalistics, forensics, operatively-search activity
E.V. Kuznetsov, Candidate of Juridical Sciences, assistant-professor East Siberian Institute of the Ministry of Internal Affairs of Russia Е-mail: kev300579@yandex.ru;
D.V. Kupin Linear Department of the Ministry of Internal Affairs of Russia at IrkutskPassenger Station Е-mail: denis.kupin@gmail.com

    • The article presents typical law enforcement situations that arise when a report of attempted murder for hire is received. Examples of solved criminal cases, analyzes the causes and conditions that prevented the perpetrators of the assassination to finish the crime. The criminological characteristic of the personality of the customer and the executor of murder for hire is given. The directions of activity of employees of operational investigative bodies on disclosure of similar crimes are described. The regularities which knowledge can help field workers and investigators to establish the customer of murder for hire are specified. Key words: attempted crime, murder for hire, accomplices in murder for hire, criminological characteristics of murders for hire, bodies engaged in operational investigative activities, stages of disclosure and investigation of the crime, the message about the crime, the victim of a crime, murder for hire.

Criminal trial, criminalistics, forensics, operatively-search activity
A.A. Lukyanova Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: lok_doc@mail.ru

    • The article is devoted to theoretical and legal and applied problems of the institute of criminal procedure detention. The primary procedural problem of detention, according to the author, is that the moment of actual restriction of the physical freedom of the individual may be outside the criminal procedure. In addition, the substitution at the legislative level of the content of the purpose of criminal procedure detention is also the root cause of a number of methodological consequences, one of which is the identification of the legal status of the detained person and the suspect. The author argues the need to develop the concept of the legal status of «a person whose physical freedom is subject to restriction». The conclusion is formulated about the need to create a balanced mechanism of legal regulation combining both coercion and guarantees of personal protection from unreasonable restrictions on rights and freedoms. Key words: detention, coercion, person, physical freedom, criminal procedure, criminal justice.

Criminal trial, criminalistics, forensics, operatively-search activity
E.H. Pashaeva, Candidate of Juridical Sciences Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: P_elmira@mail.ru

    • In a scientific article through the prism of the category of local fact in proof, the actual problem of using the results of operational search activity to be dealt with according to law in the form of detention is considered. Subjecting the analysis of part 1 of article 108 of the Code of Сriminal Procedure of the Russian Federation and practice of its application, the author finds that this legal order is uncertain, generating inconsistency in investigative and judicial practice in the absence of a single differentiated approach to the use of results of operational search activity since the substantiation of petitions for election (or extend) a preventive measure in accordance with article 108 of the Code of Сriminal Procedure of the Russian Federation before the court decision. On this basis, depending on investigative situations, the author formulates approaches of admissible limits of justification by results of operational search activity of the decision on detention that will allow to provide its legality and validity and at the same time guarantees of finding of the accused (suspect) in the conditions of procedural availability. Key words: procedural decision, evidence, proof, local subject of proof, substantiation, results of operational search activity, operational information, preventive measure.

Criminal trial, criminalistics, forensics, operatively-search activity
I.M. Proskurin postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: zato-2124@mail.ru

    • The article is devoted to examining the prerequisites for the emergence of the world’s first bitcoin cryptocurrency associated with an attempt to decentralize the financial system. The question of the work of a peer-to-peer computer network using «P2P» technology and the blockchain technology built on its principle, which lies at the heart of bitcoin, is being considered. The approaches to the definition of the concepts of bitcoin, cryptocurrency and virtual currency, as well as the scientific and legal controversy regarding their classification as one of the types of property are noted. Possible solutions to the problem of identifying Internet users who use bitcoin for illegal purposes are proposed. These decisions are based on the use of knowledge of the essence of the blockchain, namely the mandatory recording of information from several independent users of a computer network and the impossibility of modifying or deleting it, principles of organization and operation of computer networks, as well as the Internet, through the prism of analytical search in operational search activities. Two directions of analytical search have been proposed, the use of which in aggregate significantly increases the effectiveness of identification, using the cryptocurrency in question for illegal purposes. Key words: Bitcoin, cryptocurrency, blockchain, «P2P» technology, Internet user.

Criminal trial, criminalistics, forensics, operatively-search activity
N.N. Tsukanov, Doctor of Juridical Sciences, assistant-professor Siberian Law Institute of the Ministry of the Interior of Russia;
A.L. Karlov Siberian Law Institute of the Ministry of the Interior of Russia

    • The article considers the results of new provisions of the Russian Federation Code of Criminal Procedure regulating the seizure of electronic storage devices in the course of investigative actions. On the basis of provisions of the law, leading scientists’ approaches, judicial practice the authors come to the conclusion that the prohibition on the seizure of electronic storage devices in the course of investigating economic crimes isn’t unconditional one; that the expert’s participation isn’t determined by technical difficulty of the procedure, but by the necessity of permission of application to copy presented by the owner of the storage device or the owner of the information contained in this storage. Key words: electronic storage device, investigative actions, an expert, reasons for refusal to copy.

Civil relations
D.E. Zakharov, Candidate of Juridical Sciences Ural State Law University E-mail: zakhaROVZDE@mail.ru

    • The article attempts to determine the nature of liability for breach of contractual obligations in accordance with the theoretical concepts of the German civilists and German civil law. The author analyzes the main positions of legal scholars on the essence of civil liability and draws the appropriate conclusions. In the course of the study, the issues of differentiation of liability for breach of the contract and causing harm were touched upon. Key words: liability, German civil Code, breach of contract, tort, breach of duty, damages.

Civil relations
R.V. Ilyasov East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: rvi77@mail.ru;
V.V. Sinichenko, Doctor of Historical Sciences, professor East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: v.v.sinichenko@bk.ru

    • The article examines the legal measures to combat corruption and prevent conflicts of interest when an employee of the internal affairs bodies holds securities (stakes, shares in the authorized (joint-stock) capital of organizations). An analysis of the current legislation shows that in the case of ownership of securities and the possibility of a conflict of interest, an employee is required to transfer these securities to trust in accordance with civil law. The study of the problem shows that the current legal structure does not fully meet the tasks of countering the conflict of interests, transferring to trust management does not solve the problem of corruption risks. It is proposed to use other restrictions, prohibitions and obligations, namely, a change in official position, removal, removal of an employee. Key words: conflict of interests, restrictions, obligations and prohibitions, securities, trust management.

Civil relations
A.S. Selivanov Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: selivanovas@buimvd.ru

    • The article is devoted to the analysis of simplified procedures for the consideration and resolution of cases in civil proceedings. The author attempted to relate the new rules to theoretical reasoning on the prospects and consequences of simplifying civil proceedings. Speaking on the topic of unification and simplification of procedural rules, it is noted that achieving a balance between respect for private and public interests is a difficult task, which can be solved only in a practical way. By examining the data of judicial statistics, conclusions are drawn on the effectiveness of innovations and their demand by the courts. The work clearly confirmed the achievement of the legislator ‘s goals to optimize the consideration and resolution of civil cases, by increasing the proportion of cases resolved under the rules of simplified procedures. Key words: judgment, simplified court proceedings, simplified proceedings on appeal, law-enforcement acts, juridical technology, judicial statistics.

Civil relations
Yu.V. Kholodenko, Candidate of Juridical Sciences, assistant-professor Altai State University E-mail: holodenko@de-kons.ru;
M.E. Khvorova postgraduate student of Altai State University E-mail: margaritamargolf@yandex.ru

    • In the scientific community the position is generally accepted, according to which the right to such an intangible benefit as the business reputation of legal entities has a property character. The special nature of the law necessitates the formation of special methods of protection. The integration of the practice of the European Court of Human Rights into the Russian legal space has led to the emergence of a new method of protection of business reputation, which is not peculiar to the domestic legislation – compensation for intangible damage. The contents of this method went through several stages of doctrinal and law development. However, at present, the formation of the theoretical foundations of this method of protection of civil rights becomes particularly relevant. The consideration of for intangible damage in isolation from the classical understanding of tort and loss provisions leads to false conclusions and incorrect enforcement. A comprehensive study of compensation for intangible damage will not only find a fair place in the theory of civil law, but also to identify the provisions that require legislative consolidation. Key words: harm, loss, goodwill, protection the business reputation of legal entities, compensation, conditions for recovery of losses, conditions for compensation of intangible damage.
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