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

THEORETICAL AND HISTORICAL LAW SCIENCES
Tatjana A. Gavrilova Peter the Great St. Petersburg Polytechnic University, St. Petersburg, Russia, lucky21girl@yandex.ru

    • Abstract. On the world stage, jury trial is far from a new phenomenon. It has a long and complicated history. The presence of the institution of jurors in the judicial system of a country acts as an indicator of the level of democratization of the state and the degree of openness of the government to the people. This is due to the fact that in the jury trial format, criminal cases are considered with the involvement of independent people. Each country has followed its own path of development of this legal institution. The study of the development of the jury trial in the international arena allows us to formulate the general and specific features inherent in this legal institution. Thanks to the extensive theoretical base, it will be possible to solve many problems of both a doctrinal and applied nature. Currently, many developed countries have the institution of juries in their judicial system. However, it is one of the most controversial legal phenomena in any country. The peculiarities of the formation and development of the jury trial in a particular country are reflected in this study. Key words: jury trial, jurors, jury panel, Ancient Greece, Ancient Rome, England, criminal procedure, criminal proceedings For citation: Gavrilova T. A. History of the establishment of the jure trial in foreign countries. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:5–10 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Sergej V. Moiseev Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia moiseev-tpg@rambler.ru
Evgenij V. Suverov Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia suverov69@mail.ru
Petr D. Frizen Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia frizenpd@mail.ru

    • Abstract. The article examines the state of personnel provision of the Soviet militia bodies of Western Siberia during the period from 1919 to 1945. The article describes the problems associated with the low level of professional training of the militia employees, especially at the initial stage of its existence, insufficient funding and underdeveloped material base, excessive politicization of the police service, frequent organizational and staffing changes. The regulatory acts and measures taken to overcome these problems and improve the activities of the Soviet militia units are analyzed. It is concluded that the measures taken to overcome problematic issues in the activities of the internal affairs bodies were comprehensive and had a positive impact on increasing the effectiveness of the militia. Key words: Soviet militia, Western Siberia, staffing, departmental education, «purges», logistics For citation: Moiseev S. V., Suverov E. V., Frizen P. D. Evolution of the process of staffing police units in Western Siberia in 1919–1945: historical and legal context. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:11–19 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Sergey E. Savotchenko Sergo Ordzhonikidze Russian State University for Geological Prospecting, Moscow, Russia, savotchenkose@mgri.ru
Viktor L. Akapev Putilin Belgorod Law Institute of Ministry of the Interior of Russia, Belgorod, Russia, akapevvl@yandex.ru

    • Abstract. The article deals with the problem of regulating relations that arise when using cryptocurrency. The concept and essence of cryptocurrency is analyzed from a legal point of view. The experience of legal regulation of cryptocurrency circulation in foreign countries is considered. Problems have been identified that hinder the improvement and creation of a state platform for regulating cryptocurrency circulation. Key words: cryptocurrency, digital currency, legal regulation, blockchain, digital financial assets For citation: Savotchenko S. E., Akapev V. L. Historical, theoretical and legal aspects of cryptocurrency regulation. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:20–27 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Elena G. Telegina Novorossiysk branch of Kuban State University, Novorossiysk, Russia, lady.lena-telegina@yandex.ru

    • Abstract. The article considers the development of the concept of interaction between culture and law as a model of countering criminal subculture. The idealization of the rule of law shows its inconsistency. Negative indicators of crime, manifestations of extremism, terrorism, and corruption indicate the negative impact of the criminal subculture. The interrelation of culture and law is described as the basis for the formation of legal culture. A constructive model of interaction is proposed, where culture, acting as an outpost of legal culture, is able to effectively counteract the criminal subculture. The legal culture of society acts as an intermediary between culture and law, which is able to minimize the influence of the criminal subculture and form a law-abiding society. The research is based on the application of general scientific methods: analysis, synthesis, induction, deduction, analogy; qualitative sociological and criminological analysis of the content of academic texts is used, as well as comparative legal analysis of normative legal acts. Key words: legal nihilism, criminal subculture, culture, legal culture, statehood For citation: Telegina E. G. Legal culture as a factor of confronting criminal subculture. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:28–32 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Oksana N. Khuzhina Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, Nizhny Novgorod, Russia, oksana_17.92@mail.ru

    • Abstract. The article highlights the historical background of the study of traditional values in the Russian law during the formation and development of the legal system of the Russian Empire. The author concludes that during the period of the Russian Empire, such traditional values as patriotism, citizenship, service to the Fatherland and responsibility for its fate, historical memory and the continuity of generations were born, the value of life, a strong family, and the unity of the peoples of Russia were especially strengthened. Key words: traditional values, spiritual and moral values, evolution of the Russian law, law, morality, sources of the Russian law For citation: Khuzhina O. N. Traditional spiritual and moral values in the context of the legal heritage of the Russian Empire. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:33–38 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Alexander G. Bachurin Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, vooky22@yandex.ru
Ivan I. Samsonov Sports training center for national teams of the Altai Territory, Barnaul, Russia, sii2009@yandex.ru

    • Abstract. The authors analyzed the current regulatory legal acts regulating measures to protect public order and public safety at official sporting events. The concepts of the main subject of security at sports events — the controller-manager are given. The main elements of its administrative and legal status are listed. Their special training is highlighted as one of the elements of this status. The norms concerning the special training of supervisors are being investigated, including using the method of analogy of law, and their gaps are indicated. The author's definition of "special training of supervisors" is given, with a proposal to legalize it in a departmental order of the Ministry of Sports of the Russian Federation. Key words: administrative and legal regulation, controller-manager, organizer of competitions, official sports events, owner (user) of a sports facility, special training, sports federations For citation: Bachurin A. G., Samsonov I. I. Certain aspects of the administrative and legal status of managing supervisors. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:39–44 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Alexander A. Bezhentsev Northwestern Institute of Management of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, St. Petersburg, Russia adovd@mail.ru, https://orcid.org/0000-0002-9909-9869

    • Abstract. One of the priority directions for completing administrative reform in Russia is the introduction of a qualitatively new type of relationship between citizens and executive authorities, which is based on the understanding that the activities of the executive branch should be aimed not so much at organizing the management of public affairs by the state, but at carrying out certain functions to ensure the rights and freedoms of people. In the scientific article, the author examined legal presumptions. A conclusion has been formulated about the advisability of supplementing Art. 49 of the Constitution of the Russian Federation with the disposition that the provisions of the presumption of innocence should extend to cases of bringing to administrative, civil and disciplinary liability, taking into account the characteristics of each of them, which will significantly contribute to overcoming manifestations of legal nihilism, educating citizens in the spirit of respect laws, their conviction in the need to comply with them. Key words: administrative law, administrative process, rights of citizens, freedoms of citizens, ensuring the rights and freedoms of citizens, legal presumption For citation: Bezhentsev A. A. Legal presumptions: guarantees of ensuring the rights and freedoms of citizens in the administrative process. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:45–54 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Aleksej G. Grishakov Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, grishakovag@buimvd.ru

    • Abstract. The article examines the role of digital information technologies and elements of artificial intelligence in the law enforcement activities of district police officers. It examines in detail the competence of a district police officer when working in the application services of the unified system of information and analytical support for the activities of internal affairs agencies. To clarify the immediate prospects for using artificial intelligence in the activities of district police officers, an analysis of the existing experience of law enforcement agencies of foreign countries was conducted. It is assumed that the creation of a digital police station with the introduction of hardware and software systems, video surveillance systems with biometric identification of faces and artificial intelligence technologies will significantly improve the material and technical equipment and reduce the costs of the service time of district police officers. Key words: unmanned aerial vehicles, 5G wireless networks, criminal identification, software and hardware systems, robotic systems, public order protection service, district police officer, digital district police station, digital technologies For citation: Grishakov A. G. Artificial intelligence as a tool for law enforcement activities of a district police officer. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:55–63 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Vladimir I. Evtushenko Department for Archives of the Belgorod region, Belgorod, Russia, 77712@live.ru Putilin Belgorod Law Institute of Ministry of the Interior of Russia, Belgorod, Russia
Olga A. Dizer Omsk Academy of the Ministry of the Interior of Russia, Omsk, Russia, oadizer-24@mail.ru

    • Abstract. The article examines the process of evolution of the legal status of «forced migrant» in the Russian Federation since the adoption of the corresponding normative act in 1993. The emphasis is placed on the analysis of changes in the legislative definition of the concept of «forced migrant» depending on the challenges facing the state in the field of internal forced migration and the search for their solutions. This kind of historical and legal approach allows us to take a more thorough approach to the consideration of problems in the field of forced internal migration that the Russian Federation faces after the start of the special military operation, and, accordingly, to propose options for resolving them. This applies to both purely legislative initiatives and proposals in the field of improving the administrative regulation of the legal status of this category of forced migrants and their financial support. Key words: forced migrant, internally displaced person, refugee, state border, legal status, citizenship of the Russian Federation, special military operation For citation: Evtushenko V. I., Dizer O. A. Improving the public legal regulation of the status of an internally displaced person in the Russian Federation. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:64–70 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Sergey L. Nechay Bryansk branch of Lukyanov Orel Law Institute of the Ministry of the Interior of Russia, Bryansk, Russia, s.l.nechay@gmail.com, https://orcid.org/0009-0009-1915-6703

    • Abstract. The article analyzes the mechanisms of changing the constitutions of American states in the ninth participation of legislative bodies (legislature). The genesis of this legal process from the moment of the foundation of the supreme state is considered. The classification of the main energy states of the USA is designated depending on the number of legislative sessions and the number of votes necessary to approve amendments. The analysis of variable mechanical changes in the constitutional documents of a number of states is carried out. Current trends in some transformations of Royal constitutionalism in the states are determined. A comparative characteristic of this process with analogues at the federal level is given. Key words: American state constitutions, constitutional amendments, state legislative body, American constitutionalism, fundamental law of the US state, legislature For citation: Nechay S. L. Legislative bodies as a key subject in improving US State Constitutions. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:71–75 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Olga S. Cherepanova Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, olga41778@mail.ru

    • Abstract. The article examines the legal positions of the Constitutional Court of the Russian Federation on the limits of executive immunity in relation to single housing. Their impact on legislation and judicial practice is assessed. The problems of establishing the signs of a dwelling, the presence of which makes it possible to recognize it as exceeding a reasonable and sufficient level of ensuring a constitutionally recognized need for housing and to foreclose on it, are analyzed. The conclusion is formulated about the need to eliminate an obvious legislative gap in the regulation of this issue in order to ensure the principle of legal certainty, uniformity in the resolution of similar disputes, and a balance of interests between the creditor and the debtor. Key words: constitutional rights, Constitutional Court of the Russian Federation, executive immunity, luxury housing, sole housing, seizure of residential premises, creditor, debtor For citation: Cherepanova O. S. Development of the legal positions of the Constitutional Court of the Russian Federation on the issue of foreclosure on a single dwelling and their impact on legislation and judicial practice. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:76–81 (In Russ.).

CRIMINAL LAW SCIENCES
Nikolai A. Aralkin Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, Nizhny Novgorod, Russia, aralkinnik09@mail.ru

    • Abstract. The article provides a rationale for the need to conduct a comprehensive study of fraud committed during the implementation of government programs for the development of the agro-industrial complex, the result of which will be the formation of a methodology for investigating fraud of this type. Fraud committed during the implementation of government programs in the agro-industrial complex accounts for approximately 54 % of the totality of crimes in the area under consideration. The paper highlights the determinants that determine the unsatisfactory state of the fight against fraud committed in the implementation of state programs for the development of agriculture, identifies the tasks and methods of the planned research. Key words: agriculture, agro-industrial complex, fraud, state programs for the development of agriculture, crime For citation: Aralkin N. A. Methodology for investigating fraud committed during the implementation of state programs for the development of the agricultural industrial complex: statement of the problem. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:82–89 (In Russ.).

CRIMINAL LAW SCIENCES
Natalja V. Vishnyakova Omsk Academy of the Ministry of the Interior of Russia, Omsk, Russia, vishniakova77@mail.ru, https://orcid.org/0000-0002-0062-7458
Ljudmila Ya. Tarasova Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, Lmila09@mail.ru, https://orcid.org/0000-0002-8819-9741

    • Abstract. The article presents and analyzes main mistakes made by a law enforcement officer when assessing the legality of causing harm in a state of necessary defense. In particular, mistakes related to an incorrect assessment of the encroaching behavior as the basis for necessary defense; unjustified exclusion of the right to necessary defense in connection with the possibility of avoiding encroachment; unjustified establishment of the sign of exceeding the limits of necessary defense. As a result, the authors formulate recommendations to avoid the problems considered. Key words: necessary defense, exceeding the limits of necessary defense, law enforcement errors, qualification rules For citation: Vishnyakova N. V., Tarasova L. Ya. Basic mistakes in the assessment of legality causing harm in a state of necessary defense. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:90–96 (In Russ.).

CRIMINAL LAW SCIENCES
Maxim V. Kukasov Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, maxim.kukasov@yandex.ru

    • Abstract. The article is devoted to the analysis of special crimes in the history of the Russian criminal law. The author examines the evolution of criminal law norms containing special elements of crimes during various periods: from the ancient Russian state to the USSR. The work is aimed at identifying various problems of constructing the elements of crimes for further improvement of the institution of differentiation of criminal responsibility. Key words: special types of offenses, history of criminal law, elements of crime For citation: Kukasov M. V. Retrospective analysis of special crimes in the criminal legislation. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:97–102 (In Russ.).

CRIMINAL LAW SCIENCES
Yulia V. Lebedeva Siberian Institute of Management, Branch of the Russian Presidential Academy of National Economy and Public Administration (Novosibirsk), Novosibirsk, Russia, lebedeva28031973@rambler.ru

    • Annotation. The article actualizes forensic knowledge about the age characteristics of juvenile victims and witnesses of adolescent age, which are fundamental for the investigator (interrogator) and allow him to determine the choice of tactical techniques that allow him to reproduce the picture of the criminal event, the details of the mechanism of the crime, the behavior and actions of the suspect, the features of his appearance, as well as to identify new circumstances in the criminal case, which is possible to be carried out only when checking the testimony on the spot. The "boundaries" of adolescence presented in the article will allow the investigator (interrogator) to purposefully, possessing knowledge of age characteristics, to achieve the goals determined by the legislator for conducting verification of testimony on the spot. Key words: verification of testimony on the spot, age characteristics, criminal proceedings For citation: Lebedeva Yu. V. Actualization criminal procedural and criminalistic knowledge about the age characteristics of juvenile victims and witnesses of adolescent age when choosing tactical methods during the verification of testimony on the spot. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:103–111 (In Russ.).

CRIMINAL LAW SCIENCES
Nina N. Pshenichkina Altai branch of the Russian Presidential Academy of National Economy and Public Administration, Barnaul, Russia, nina.gaas@inbox.ru

    • Abstract. The author analyzes the heterogeneity of the emerging practice of recognizing credit institutions (banks) and individuals as victims in criminal cases, in cases where the subject of theft was credit funds received by the criminal on behalf of and without the knowledge of the bank client. The norms of criminal, criminal procedure and civil legislation are correlated in matters of determining the victim and the party obliged to compensate for the damage. The author comes to the conclusion about the need to form a unified approach to the investigation of criminal cases, expressed in recognizing the creditor as the injured party, but not the individual (borrower). This position will not only put an end to the numerous complexities of the investigation and qualification of crimes, but also eliminate cases of "altercation" in court hearings between the bank (creditor) and the individual (borrower) about who is actually the injured party. Recognizing the bank as a victim will contribute to a more active formation of measures to counter one of the most common forms of theft. Key words: bank, creditor, victim, borrower, theft of funds, personal account, non-cash funds, credit, credit institution For citation: Pshenichkina N. N. Recognition of a person as a victim in criminal cases concerning theft of credit funds: problems of law enforcement. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:112–118 (In Russ.).

CRIMINAL LAW SCIENCES
Kseniya V. Sadovykh Siberian Law Institute of the Ministry of Internal Affairs of Russia, Krasnoyarsk, Russia, Sadovyh.kseniya@mail.ru

    • Annotation. The article analyzes the relevance of the subject of the crime provided for in Article 171.3 of the Criminal Code of the Russian Federation to the general or special. The author proposes the division of the subject of the considered corpus delicti into two subgroups, taking into account the presence of specific form-specifying socio-legal qualities established in the study of judicial and investigative practice for the period from January 2018 to September 2024. Key words: alcoholic products, illicit trafficking, special entity, business entity, form-specifying qualities For citation: Sadovykh K. V. Criminal law analysis of the signs of the subject of a crime involving responsibility for the illegal production and (or) trafficking of ethyl alcohol, alcoholic and alcoholcontaining products. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:119–123 (In Russ.).

CRIMINAL LAW SCIENCES
Sofia A. Solodina Voronezh Institute of the Ministry of Internal Affairs of Russia, Voronezh, Russia, olgasonia1999@gmail.com

    • Annotation.The article discusses the issues of qualification of certain elements of the corpus delicti provided for in Article 171.2 of the Criminal Code of the Russian Federation. The author analyzes the concept and types of gambling, explores various approaches to determining the object of criminal encroachment. Considerable attention is paid to the characterization of the objective side of the crime, the concepts of illegal «organization» of gambling and «gaming» are distinguished, and the characterization of the moment of the end of the crime is given. The problematic issues of qualification of the activities of employees of an illegal gambling establishment are investigated. Based on the study of statistical data, materials of judicial practice, as well as legal doctrine, proposals for improving criminal legislation are formulated. Key words: gambling, gambling establishment, illegal gambling activity, gaming equipment, illegal organization or conduct of gambling For citation: Solodina S. A. Characteristics of individual signs of the illegal organization and conduct of gambling. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:124–134 (In Russ.).

CRIMINAL LAW SCIENCES
Alexandr A. Topchiev Academy of Management of the MIA of Russia, Moskow, Russia, totopus@mail.ru

    • Abstract. The author conducts a study of such a legal phenomenon as a challenge in criminal proceedings. In order to establish the essence of this phenomenon, the author analyzes various approaches of scientists, on the basis of which he comes to the conclusion about the existence of additional proceedings to resolve challenges in the criminal case, since the procedure for resolving the claimed challenge has key elements that form an independent proceeding. In addition, the author identifies the existing problems of the institution of challenge and suggests ways to improve the criminal procedural legislation in terms of regulating the procedure of proceedings on the claimed challenges in order to increase the effectiveness of the use of the institution of challenge in criminal proceedings. Key words: challange, proceedings, additional proceedings, principles of criminal proceedings, recusal procedure For citation: Topchiev А. А. Consideration and resolution of challenge as an additional proceeding in criminal proceedings // Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:135–142 (In Russ.).

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

    • Abstract. The appeal to the theoretical aspects of criminal procedural activity at the stage of execution of a sentence is due to the "malfunction" of the legal mechanism for regulating the procedure for preparing and conducting a court hearing to replace a punichment with imprisonment, in case of malicious evasion from serving it. The study of individual applied problems of a peculiar, kind of unique stage of the criminal process clearly demonstrates the urgent need for comprehensive doctrinal elaboration of the essence of the activities carried out during the execution of the sentence. From the standpoint of the criminal procedural activity of the considered stage (stage), a number of elements are argued and proposed that complement the procedural institution and are aimed at ensuring equality of all before the court, at realizing the convict's right to judicial protection during the execution of a sentence and at strengthening the authority of the judiciary. Key words: execution of a sentence, detention, substitution of imprisonment, malicious evasion from serving a sentence For citation: Cherepanova L. V. On the mechanism of legal regulation of the procedure for preparing and conducting a court hearing to replace a punishment with imprisonment in case of malicious evasion from serving it. Altajskij juridicheskij vestnik = Altai Law Journal. 2025;1:143–149 (In Russ.).
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