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

State and legal regulation public relations
A.A. Vasiliev, PhD. (Doctor of Juridical Sciences), assistant-professor Altai State University E-mail: anton_vasiliev@mail.ru;
D. Shopper, PhD. (Doctor of Juridical Sciences) Akademia Pomorska (Poland)

    • The article is devoted to the analysis of technological reality challenges relative to the state and law: system problems of the Internet, virtualization of social life, robotics and artificial intelligence. The authors note the need for a proper legal and doctrinal basis for relations normalization in conditions of modern digital reality. At the same time, the paper notes that the traditional model of the state and law cannot be adequate to the network architecture of the Internet space, which leads to the emergence of an electronic state and law concept. The relationship of power and subordination is transformed into the relationship of equality between electronic interaction participants and public authorities. The state acquires the features of a service institute. Key words: law, power, state, digital economy, Internet, digital intelligence, network law, electronic state.

State and legal regulation public relations
S.N. Groshev, PhD. (Candidate of Juridical Sciences) East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: Groshev_sergej@mail.ru;
A.A. Shmatkov, PhD. (Candidate of Juridical Sciences) Federal Penitentiary Service of Russia of the Sakhalin region E-mail: alshmatlov@yandex.ru

    • The article deals with the statehood, law, international division of labor of countries and peoples at historical stages of their development. The article substantiates that the principle of the institute of the international division of labor is the legal provision of a favorable situation for the leading economic direction of the region. The paper presents examples of the statehood of various nations, which were directly influenced by the chosen economic specialization of society. Key words: statehood, law, international division of labor, autarchy, conflicts, neolitization, economic specialization, trade, Russkaya Pravda, the Great Yasa, the profiteering approach.

State and legal regulation public relations
N.S. Grudinin, PhD. (Candidate of Juridical Sciences) Moscow State Linguistic University E-mail: nekit-07@mail.ru

    • The article examines some problems that impede the effective functioning of the Ombudsman institution. It is noted that such problems include the facts that the Commissioner for Human Rights of the Russian Federation has no right of the legislative initiative, there is no legislative basis for receiving complaints from citizens about the actions (inaction) of non-state structures that provide social services to citizens, as well as the fact that the Commissioner for Human Rights lacks the right to conduct legal examination of draft laws submitted for consideration by the State Duma of the Russian Federation. The paper emphasizes that the general problem of the Ombudsman institution in Russia and foreign countries is the inability of ombudsmen to exert real influence on officials who avoid providing information upon their request. It is pointed out that the absence of a special federal law on the basis of the Commissioner for Human Rights in the constituent entities of the Russian Federation is a rather important problem obstructing the effective functioning of the Ombudsman institution in the Russian Federation. Key words: human rights, Ombudsman, human rights activities, protection of convicts’ rights, civilians’ complaints, abuse by officials, legislative initiative, expert examination of draft laws.

State and legal regulation public relations
O.L. Kazantseva, PhD. (Candidate of Juridical Sciences) Altai State University E-mail: vеrwaltung@mail.ru;
V.I. Mankovskaya, PhD. (Candidate of Juridical Sciences) Altai State University E-mail: mvi147@yandex.ru

    • The article analyzes the self-organization of sitizens in the form territorial public self-government (CBT). The legal status of CBT as a form of participiation of the population in the implementation of local selfgovernment needs a clear legislative regulation. Based on the study of the current federal legislation in the field of local self-government, theoretical studies, legal positions of the Constitutional Court of the Russian Federation and the practice of organization and activity of TОS, an attempt was made to identify the most key characteristics of the CBT, to determine the status of the CBT as an institution of local self-government at the present stage of development, to identify significant problems arising today in the organization and functioning of the CBT, to identify measures to eliminate them, to offer some promising directions for the further development of the CBT in the Russian Federation. Key words: normative legal acts, territorial public self-government, problems of activity, development prospects.

State and legal regulation public relations
L.G. Konovalova, PhD. (Candidate of Juridical Sciences), assistantprofessor Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation E-mail: vaskova82@yandex.ru

    • The article analyzes the views of domestic thinkers of the period of the first parliament in Russia on the legal nature, elements and significance of parliamentarism. The main ideas about the representative board of various law schools are consistently described, including legal positivism, natural-legal and sociorevolutionary trends, anarchism, religious philosophy and psychological jurisprudence. The importance of the intellectual heritage of this period for modern jurisprudence is noted, since the views presented were multifaceted, based on European and domestic experience of functioning of representative institutions and not losing their relevance to date. It is proposed that all representatives of the political and legal thought of the considered stage be divided into supporters of the constitutional monarchy, limited by the power of the parliament, and adherents of building socialism with the liquidation of the institution of parliamentarism in the bourgeois sense. Key words: parliamentarism, deputy, people’s representation, elections, State Duma.

State and legal regulation public relations
L.G. Konovalova, PhD. (Candidate of Juridical Sciences), assistantprofessor Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation E-mail: vaskova82@yandex.ru

    • The article analyzes the views of domestic thinkers of the period of the first parliament in Russia on the legal nature, elements and significance of parliamentarism. The main ideas about the representative board of various law schools are consistently described, including legal positivism, natural-legal and sociorevolutionary trends, anarchism, religious philosophy and psychological jurisprudence. The importance of the intellectual heritage of this period for modern jurisprudence is noted, since the views presented were multifaceted, based on European and domestic experience of functioning of representative institutions and not losing their relevance to date. It is proposed that all representatives of the political and legal thought of the considered stage be divided into supporters of the constitutional monarchy, limited by the power of the parliament, and adherents of building socialism with the liquidation of the institution of parliamentarism in the bourgeois sense. Key words: parliamentarism, deputy, people’s representation, elections, State Duma.

State and legal regulation public relations
S.Yu. Sumenkov, PhD. (Doctor of Juridical Sciences), assistant-professor Penza State University E-mail: sumenkov@bk.ru;
A.N. Lovtsov рostgraduate student of Penza State University E-mail: alovcov@bk.ru

    • The article deals with issues related to the lack of sufficient development in Russian legal science of such a universal category as «legal limits». The author, in particular, analyzes the main features and characteristics of the limits in law. The presentation of the material is accompanied by an illustration of examples from Russian legislation. In conclusion, the author’s interpretation of the concept of «legal limits» is proposed. Key words: limit, limit in law, legal limit, concept, features, features.

State and legal regulation public relations
V.V. Kozhevnikov, PhD. (Doctor of Juridical Sciences), professor Dostoevsky Omsk State University E-mail: kta 6973@rambler.ru

    • This article for the most part concerns the criticism of the relevant provisions of the monograph by A.V. Seregin «Spiritual and moral doctrine of legal culture», and on the basis of the first the author considers some pressing problems of the general theory of state and law. Just to name a few, focusing on the significance of the scientific research methodology, the author points out the classification of its components, such as methods that should be classified into general philosophical, general scientific, special, and specific scientific. Moreover, the latter should be differentiated, but not united in one group. The attention is also drawn to the need to distinguish between the legitimacy and the legality of state power, bearing in mind that legitimacy is a power that corresponds to the ideas of the people and society about its justice, correctness, validity, and legality means the legal justification of power, compliance of actions of state bodies with the legislation existing in the country. The article clarifies the signs of the state sovereignty, as well as professional and legal culture and its bearers. Key words: monograph, theory of state and law, actual problems, research methodology, Constitution of the Russian Federation, legality and legitimacy of the state power.

Administrative law and administrative process
O.V. Bunova postrgraduate student of Krasnodar University of the Ministry of the Interior of Russia E-mail: bunova_oksana@mail.ru;
A.N. Kuchmezov Rostov Law Institute of the Ministry of Internal Affairs of Russia E-mail: rustam.kuchmezov.90@mail.ru

    • Questions of ensuring public order and safety in places of public concourse acquire special relevance in the conditions of continuous development of the Russian society. In this regard, scientists and practicians do not cease to be interested in problem aspects of powers exercise by district police officer in the conditions of natural or technogenic emergency situations in resort territories of our country. Social life of resort regions has their specificity that causes features of the committed crimes and offenses. It, in turn, demands additional scientific research and development of reasonable offers. Now activity of district police officers is a powerful resource in crime counteraction, therefore increase in efficiency level of their activity is one of the priority directions, especially in emergency situation of natural or technogenic character. Key words: district police officer, emergency situations, administrative district, resort region, emergency response, protection of citizens, public associations and organizations.

Administrative law and administrative process
A.G. Grishakov, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: grischakov@buimvd.ru

    • The article is devoted to the issues of administrative enforcement in the activity of the district police officer. The definition of administrative coercion, the main distinguishing features and classification are given. Taking into account the specifics of the administrative activities of district authorized police officers, the legal grounds and the procedure for conducting a personal search of citizens and their belongings are examined. The situations in which screening events can be carried out without witnesses using video recording are analyzed. In addition, the sequence of actions of the authorized police during the examination of the vehicle is considered. In the conclusion, author’s initiatives are proposed, aimed at improving administrative legislation, allowing to quickly carry out the procedural consolidation of evidence, and to ensure the safety of witnesses. Key words: administrative and legal enforcement, measures for administrative warning, groups, classification, district police officer, administrative area, personal inspection of citizens and their belongings, inspection of vehicles, witnesses, just cause, personal safety.

Administrative law and administrative process
A.N. Prokopenko, PhD. (Candidate of Technical Sciences), assistant-professor Putilin Belgorod Law Institute of Ministry of the Interior of Russia E-mail: aprokopenko11@mvd.ru

    • The article considers questions of legal regulation of migration policy of the Russian Federation at the present stage, briefly analyzes changes of the migration legislation and a trend of migration policy for 2000th and 2010th. The author points out main directions of the migration legislation improvement which include: ensuring reliable accounting of migration flows, complication of procedures of migrants’ registration, enhancing criminal liability for migration legislation violation, both for migrants, and for their employers. The work refers problems which have no solution within the pursued migration policy. Also the author analyzes provisions of the Concept of the state migration policy of the Russian Federation for 2019-2025 accepted on October 31, 2018. The author expects cardinal change of migration policy in the nearest future and suggests ways which the migration legislation should take to solve the problem of involvement of the Russian-speaking population from abroad to go to Russia for domicile. Key words: migration, labor migration, program of compatriots’ resettlement, migration policy.

Administrative law and administrative process
A.G. Repev, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia, doctoral candidate of Saratov State Law Academy E-mail: repev-artem@yandex.ru;
K.A. Vasilkov Investigation department of the Ministry of Internal Affairs of Russia on the Pervomaisky district of the Altai territory E-mail: konstantin.vasilkov.95@mail.ru

    • The authors propose the thesis about prospects of administrative collateral estoppel consideration, not only from technical and legal positions, but as of the complete legal phenomenon, based on the analysis of administrative collateral estoppel and consideration of its implementation in the conditions of the modern society. The article formulates specific proposals of pointed reforming of the administrative legislation for greater impact of a preventive component on offenders and delictual administrative law improvement in general. The authors use complex of general scientific and special research methodology, including dialectic, rather legal and technical methods. The suggestions made by the authors, on the one hand, can favorably influence realization of the administrative legislation’s task of offenses prevention, and, on the other hand, will serve as continuation of a scientific discussion concerning perception of category “collateral estoppel” in the low. Key words: administrative collateral estoppel, administrative responsibility, legal writing, prevention, judicial prevention.

Administrative law and administrative process
Е.P. Shliakhtin Kazan Law Institute of the Ministry of Internal Affairs of Russia E-mail: kentavr.kaz@mail.ru;
R.F. Stepanenko, PhD. (Doctor of Juridical Sciences), professor Kazan (Volga region) Federal University E-mail: stepanenkorf@yandex.ru

    • This article explores the mechanisms and specific forms of the crime prevention system. One of the elements of it in the activities of the internal affairs bodies of the Soviet era was an official warning. The historical experience of the preventive activities of the internal affairs bodies shows its effectiveness from the standpoint of studying and analyzing existing scientific and other opinions on the preventive strategies implementation by the territorial bodies of the Russian Interior Ministry at various levels. The modern development of Russian statehood is aimed at improving the prevention effectiveness as one of the important elements of combating crime, the fulfillment of which allows reducing material and other costs directly related to combating crime and minimizing and (or) eliminating the illegal acts consequences. To achieve the result it is necessary to give police officials the right to make a formal warning. Currently, the procedure for its application is determined only by individual prevention subjects, which significantly complicates law enforcement. Key words: legal policy, crime prevention, legal monitoring, official warning

Criminal law, criminology, criminal and executive right
N.N. Bugera, PhD. (Candidate of Juridical Sciences), assistant-professor Volgograd Academy of the Ministry of the Interior of Russia Е-mail: knn.76@mail.ru;
O.N. Shtab, PhD. (Candidate of Pedagogic Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: shtabon@mail.ru

    • The article is devoted to one of the forms of fellowship in crime, called «collusive group of persons», and aims to show the specifics of this form and its reflection when qualifying crimes. The paper describes the characteristic of a collusive group of persons, shows the impact on the qualification of crimes, expresses opinions on the issues arisen. This feature is analyzed in modern judicial practice and the current explanations of the Plenum of the Supreme Court of the Russian Federation. For a long time, there have been discussions among scholars and practitioners about the correct interpretation of Part 2 Art. 35 of the Criminal Code of the Russian Federation. Based on the analysis of the current criminal law and the positions present in science, the authors express their own opinions on the problem under consideration. Key words: two or more performers, group of persons, collusive, qualification, «participated persons», co-performance, group feature.

Criminal law, criminology, criminal and executive right
A.O. Zhakupzhanov, Master of Juridical Sciences The Kostanai Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan after Shrakbek Kabylbayev, postgraduate student of Chelyabinsk State University Е-mail: ama_zv@mail.ru

    • Scientific investigations of cybercrime grow in intensity in various fields of scientific knowledge and in first turn in criminological one. Great scales of bad consequences of crimes committed by means of information and communicative technologies demand separate calculation of such factor as corresponding resources user behavior capable of their victimization. The process of victimization of potential victims in the context of cybercrime has both general (objective and subjective) organization features and individual ones concerning specific features of personal qualities, service, business processes etc. For successful counteraction to growth of cyber encroachments even highly-qualified staff of specialists is not enough, that’s why developed in information term countries often become the victims of cyber-attacks. Moreover, namely the high level of information and communicative interactions development in the country is as a rule directly proportional to the quantity of disclosed and assumed cyber encroachments. However taking into account the number of cybercrimes delinquency of ordinary citizens, one should confess, that victimological aspect of the given encroachments also must have priority in modern researches. The given article systematizes separate aspects of cybercrime victimology, and points out some theoretical and practical moments, not having sufficient elucidation to preset time. Key words: cybercrime, cyber fraud, victimhood, victimology, latency, victimization, information and communicative technologies.

Criminal law, criminology, criminal and executive right
.N. Zavarykin, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: criminal-man@mail.ru

    • The article analyses juvenile crime patterns in the Siberian Federal Okrug along with consideration of the ways to solve the problems related to the measures against this negative social phenomenon. The author draws the conclusion that in 2018 the level of juvenile crime in the Siberian Federal Okrug was almost twice higher than the mentioned characteristics generally in the Russian Federation. To the author’s opinion for efficient enhancement of considered phenomenon counteraction it is necessary to improve preventive activities of police authorities in places of mass juvenile gathering (trade and entertainment centers, etc.) by means of increasing of cadre list of the juvenile crime departments and other responsible authorities, providing additional police patrols, collaborating with the trade organizations and entertainment centers management. Furthermore, it is required to improve activities in creation of police assistance squads among students of educational institutions. Key words: juvenile, crime patterns, Siberian Federal Okrug, crime preventive measures.

Criminal law, criminology, criminal and executive right
A.M. Karimov Kazan Law Institute of the Ministry of Internal Affairs of Russia E-mail: karimov485@mail.ru

    • The features of the assessment of compensation for damage and mitigation of harm caused by committing a crime in another way, as a basis for applying exemption from criminal responsibility, with the appointment of a judicial fine, are investigated in the article. It is based on the analysis of the norms of the Russian legislation, the RSFSR Criminal Code, law enforcement practice. The author came to the conclusion that it is necessary to legislatively establish the priority of choosing the provision of article 76 of the Criminal Code of the Russian Federation (exemption from criminal liability due to reconciliation with the victim) in circumstances when, in addition to the above-mentioned institution, there is an actual composition for the application of the alternative basis provided for in Article 76.2. Criminal Code of the Russian Federation (exemption from criminal liability with the appointment of a judicial fine). In addition, the conclusions are substantiated on the admission of deferment of fulfillment of obligations to compensate for damage and to mitigate harm caused by a crime in another way and to pay a court fine, as well as the need to take into account the interests of the victim when applying the institution of exemption from criminal responsibility with the appointment of a court fine. Key words: Judicial fine, compensation for damage, victim, compensation for harm, pecuniary punishment.

Criminal law, criminology, criminal and executive right
S.L. Nudel, PhD. (Doctor of Juridical Sciences), assistant-professor Institute of Legislation and Comparative Law under the Government of the Russian Federation E-mail: slnudel@gmail.com

    • The author considers the issues of criminalization of unauthorized connection to oil pipelines, oil product pipelines and gas pipelines, committed by a person subjected to administrative punishment for a similar act (part 1 of art. 215.3 of the Criminal Code) and gives a comprehensive criminal-legal characteristic of this crime. In the work taking into account provisions of branch regulatory legal acts, positions of the Constitutional Court of the Russian Federation the direct object, the objective party, the subject, the subjective party of the considered structure of crime is defined, the con-tent of its signs, including estimated and blanket (the oil pipeline, the oil product pipeline, the gas pipeline, unauthorized connection) is opened. Also, on the basis of explanations of the Plenum of the Supreme Court of the Russian Federation the main problems of its separation from related crimes (part 3 of art. 158 of the Criminal Code) and administrative offences (art. 7.19 of the Administrative Code) are analyzed. Particular attention is paid to the peculiarities of the definition of damage caused by the commission of a crime under part 1 of art. 215.3 of the Criminal Code. Key words: crime, qualification, unauthorized connection, oil pipeline, oil product, gas pipeline, administrative prejudice.

Criminal law, criminology, criminal and executive right
R.A. Semeniuk, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ruslanbarnaul@mail.ru

    • The article deals with the state, proportion, dynamics of both the crimes committed in a state of intoxication and the identified persons who committed them. The problem of stable growth of specific weight of the persons who have committed a crime in a state of intoxication is noted. The paper reveals statistical data for the period 2014-2018 on persons who committed certain crimes in a state of intoxication. The analysis of the most common crimes against life and health, against property, against public safety and public order, committed in a state of alcohol, drugs and toxic intoxication. Subjects of the Russian Federation where similar crimes are most often committed are reflected. The most problematic issues are the prevention of crimes committed in a state of intoxication on the streets and in public places, as well as in the family and household sphere. The present study concluded that the increase or decrease in crimes committed while intoxicated corresponds to the dynamics of crime in general. Key words: state, proportion, dynamics of crimes, perpetrators, intoxication.

Criminal trial, criminalistics, forensics, operatively-search activity
V.B. Batoev, PhD. (Candidate of Juridical Sciences), assistant-professor East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: vbatoev@mail.ru;
S.V. Timofeev East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: s_v_timofeev@mail.ru

    • The article discusses the problematic issues of countering non-contacting drug dealing carried out using information and telecommunication technologies, problematic issues related to the legal regulation in this area of the internal affairs agencies, proposes measures to improve this activity. Key words: law enforcement operations, active search measures, counteraction, non-contacting sale, narcotic drugs, psychotropic substances, information and telecommunication technologies, bank secrecy, changes, legislation.

Criminal trial, criminalistics, forensics, operatively-search activity
V.Yu. Belitskiy, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: vlad_belitskiy@mail.ru

    • Based on an analysis of the scientific literature and materials of judicial investigative practice, the author analyzes the situation of financial frauds (using fraud schemes committed on the principle of financial pyramids) as an integrative system of conditions and circumstances in which fraudsters acted at the stages of preparation, commission and suppression of the crime. It is concluded that under the conditions of fraud committed on the principle of financial pyramids, we should understand the integrative dynamic system of interacting objective (social, financial, economic, regulatory, etc.) and subjective (psychological and other features and characteristics of the personality of criminals and victims) factors, as well as other conditions specially created both by the guilty and by other persons conducting on their instructions (indirect participants in the unlawful act) at the stages of preparation, commission and suppression of the crime. Key words: criminalistical characteristics, fraud, crime scene.

Criminal trial, criminalistics, forensics, operatively-search activity
S.A. Еvseeva Ufa Law Institute of the Ministry of Internal Affairs of Russia, postgraduate student of Rostov Law Institute of the Ministry of Internal Affairs of Russia E-mail: svet-lana82@bk.ru

    • The article deals with the theory and practice of criminalistic prevention of juvenile crimes. The relevance of the research carried out is confirmed by the general characteristic of crime, a large proportion of which is constituted by crimes committed by minors, as well as current legislation, which is aimed at reducing the responsibility of minors. The argument is given in support of the actualization of criminalistics prevention as a priority in the activities of judicial-investigative agencies in countering crimes committed by minors, which helps to identify and minimize the causal complex of this type of criminal behavior. Key words: juvenile crime, criminalistic prevention, minor, investigative actions, criminalistic technique.

Criminal trial, criminalistics, forensics, operatively-search activity
P.V. Elfimov, PhD. (Doctor of Medicine), honored doctor of the Russian Federation Ural Law Institute of the Ministry of the Interior of Russia Е-mail: elfimovpv@mail.ru
O.P. Vinogradova, PhD. (Candidate of Juridical Sciences) Ural Law Institute of the Ministry of the Interior of Russia Е-mail: olga10vin@mail.ru

    • Child protection should be one of the dominant tasks of any civilized and self-respecting state. Over the past few years, science has advanced rapidly: advanced technologies and opportunities, as well as qualified specialists can give answers to almost all the questions posed to them, with the advancement and development of the genetics science, it is not difficult to conduct a genetic study today, which in the investigation of criminal cases against sexual integrity in most cases has an important evidence-based character, the results of which often determine the outcome of a case. Despite the fact that the examination production is quite a financially costly undertaking, today it is impossible to run into a criminal case instituted on the fact of committing sexual violence against a child, where the full range of necessary studies is not carried out. In cases of crimes against the sexual integrity of minors, as a rule, medical, biological, and criminalistic examinations, forensic molecular-genetic examinations, as well as comprehensive psychological, psychiatric, and sexo-psychiatric examinations are assigned and performed. Key words: sexual violence, individual psychological characteristics, victim, comprehensive forensic psychological and psychiatric examination, forensic psychiatric examination, sex crimes, traumatic factor.

Criminal trial, criminalistics, forensics, operatively-search activity
R.R. Kardanov, PhD. (Candidate of Juridical Sciences) Krasnodar University of the Ministry of the Interior of Russia Е-mail: ruslan-nalchik@yandex.ru;
A.A. Kurin, PhD. (Candidate of Technical Sciences), assistant-professor Volgograd Academy of the Ministry of the Interior of Russia

    • The article briefly outlines the problematic issues of information resources integration for the joint use of registration by the internal affairs bodies, other law enforcement agencies and international police organizations, whose work is possible under the condition of consistency of the logical, hardware and organizational basis of the forensic registration system functioning by means of the use of the telecommunications system capabilities and the apparatus of information and analytical processing of accounting and registration data. The paper also considers main opportunities and trends in the development of information and analytical systems used in the activities of law enforcement agencies. The authors suggest creating a unified information and telecommunication system of forensic registration as a structural element of the unified telecommunication system of law enforcement agencies. The article describes the features and principles of the forensic registration system improvement. Key words: crime, solution, criminalistics, information, optimization, resource, forensic registration, telecommunications, array.

Criminal trial, criminalistics, forensics, operatively-search activity
I.V. Misnik, PhD. (Candidate of Juridical Sciences), assistant-professor East Siberian Institute of the Ministry of Internal Affairs of Russia Е-mail: iramis@yandex.ru

    • The article analyzes the issues of improving the procedural status of the victim at various stages of the criminal process, notes that despite the changes made to the criminal procedure legislation, the victim is still the most vulnerable participant in criminal procedural relations. The work suggests reasonable proposals to change the current criminal procedure legislation. The procedural status of the victim at the stage of initiation of criminal proceedings, in the production of inquiry in the reduced form is considered. The author moves various motions to improve the procedural status of the victim, in particular, supplement to the code of criminal procedure with article 42.1 «Victim» is suggested. The article analyses topical issues related to the procedural situation of the victim in case of the public prosecutor’s refusal from the charge, reflects some aspects of victims’ participation in the jury trial. The motion is moved to establish a specialized fund for victims’ indemnification. Key words: criminal procedure, victim, protection of the victims’ rights, indemnification, participants in the criminal process, victim’s representative.

Civil relations
S.А. Bondarenko, PhD. (Candidate of Pedagogic Sciences), assistantprofessor Altai branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation Е-mail: bondarenko0952@yandex.ru

    • This article discusses the topical and relevant to the practice of the civil-law measures use to counter corruption in the system of public and private law regulation of administrative law and socio-economic relations in the state. The author defines the main directions of civil-law measures application, fighting corruption, considers the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation; identifies insufficient legal certainty forms of unjust enrichment, proposes changes in several rules of civil law with corrupt component. Key words: fighting corruption, gift ban, invalid transactions, public procurement, inviolability of property, forfeiture to the the Russian Federation, business relations, unjust enrichment.

Civil relations
I.G. Bublik, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul law Institute of the Ministry of Internal Affairs of Russia Е-mail: bublik.ivan@mail.ru

    • The article attempts to determine the creative nature of literary works involving literary and biographical material. Based on the synthesis of civil law and philological sources, such attributes of a literary work as «novelty», «originality» and a number of others are determined. The creative nature of a literary work is considered, inter alia, through the prism of expressive means used by the author, his unique language, which makes recognizable both the writer himself and his work. As one of the applied problems, the article outlines the problem of examinations carried out in the field under study, when the circle of questions addressed to the expert is mainly in the field of philology, and the lawyer does not have the qualifications to answer them. Key words: works of literature, creative nature of the work, novelty, originality.

Civil relations
E.V. Vaimer, PhD. (Candidate of Juridical Sciences) Polzunov Altai State Technical University E-mail: vaimer-evgeniya79@yandex.ru

    • The article examines the content of the principle of justness in taxation on the basis of the legal positions of the Constitutional Court of the Russian Federation and the rules on personal property tax in Novosibirsk and Barnaul cities. The article analyzes the Resolution of the Constitutional Court of the Russian Federation dated February 15, 2019 No. 10-P which is devoted to the implementation of property tax norms in the territories of the constituent entities of the Russian Federation where the inventory value of the object is used to calculate property tax for individuals. The author concludes that when establishing and collecting property taxes, the principle of equity is of particular importance, since the taxpayer’s ability to pay tax is assumed. Key words: principle of justness, personal property tax, legal positions of the Constitutional Court of the Russian Federation.

Civil relations
G.R. Igbaeva, PhD. (Candidate of Juridical Sciences), assistant-professor Ufa Law Institute of the Ministry of Internal Affairs of Russia E-mail: ya.fromufa@yandex.ru;
E.V. Emelyanova, PhD. (Doctor of Juridical Sciences, Сandidate of Economic Sciences), assistant-professor Saint Petersburg Academy of the Investigative Committee of the Russian Federation;
Z.R. Shakirova, PhD. (Candidate of Juridical Sciences) Ufa Law Institute of the Ministry of Internal Affairs of Russia

    • Based on the summarizing of law enforcement experience the difficulties of the citizen’s bankruptcy procedure are defined in the article. The trend of increasing the number of applications indicates that the institution of the citizen’s bankruptcy has settled down. Despite the explanations given by the Supreme court of the Russian Federation and the amendments to the bankruptcy law, the bankruptcy procedure for the debtor is still complicated, according to the authors’ opinion, they are due to a number of factors, among which financial and legal ones are of paramount importance. Legal factors are the most complex and are associated with the need to take into account the actual circumstances of a particular bankruptcy case, in particular: the presence of transactions with property shortly before bankruptcy, the validity of the creditor’s claims, the absence of imaginary transactions, the absence of unfair actions of the debtor, etc. The author summarizes conditions on the recognition of transactions as invalid during the implementation of bankruptcy procedures, exemplifies the most typical disputes considered by courts. Key words: bankruptcy of citizens, financial insolvency, debt, bankruptcy procedures, creditor, court, debtor, transaction, invalidity, financial manager, property.

Civil relations
E.N. Krotova postgraduate student of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia E-mail: ms.tyunina96@mail.ru

    • The author of the article examines different meanings of «misuse of justice», its essence, forms and forms of manifestations. The phenomenon of misuse of justice is interpreted as a form of legal behavior, along with lawful behavior and violation of the law. Different opinions of scientists about this point of view are included in this article. The bases of classification of legal abuse are considered, opinions of scientists about forms of misuse of justice are analyzed. The author puts forward examples of fixation of rule related to misuse of justice in different branches of law, considers the nature of misuse of justice. The objective is to delineate misuse of justice and lawful behavior. The author offers to highlight this concept as a independent institution. To achieve it the author highlights independent sings of misuse of justice. Special attention is paid to the consequences of legal abuse and to the necessity of establishment of responsibility for legal abuse in the legislation. Key words: legal abuse, lawful behavior, violation, rightful behavior, consequences, subjective right, essence, classification.
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