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

THEORETICAL AND HISTORICAL LAW SCIENCES
Elina V. Gubernatorova Altai State University, Barnaul, Russia gubernatorova@email.asu.ru, https://orcid.org/0000-0001-8562-4450
Aleksey V. Ivanov Altai State University, Barnaul, Russia avialtai@yandex.ru, https://orcid.org/0000-0002-0316-2801
Rafail V. Nasirov Altai State University, Barnaul, Russia nasirov.rafail@yandex.ru, https://orcid.org/0000-0002-3683-0431

    • Abstract. The article raises a complex and still relevant question about the relationship between morality and law. The terms «rectitude», «morality» and «ethics» are used as synonyms. It is stated that the bearers of not only ordinary, but also doctrinal and professional sense of justice use the term «law» both in a near sense (in the sense of a normative legal act of higher legal force), and in the sense of defining the entire system of norms of positive (civil) law. Keywords: morality, law, good, evil, jus, formal law, regulatory legal act, legal consciousness, legislation, legal nihilism, legal idealism For citation: Gubernatorova E. V., Ivanov A. V., Nasirov R. V. The question of the relationship between morality and law. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:5–11 (In Russ.). Funding. The study was supported by the Russian Foundation for Basic Research № 20-511-18002 «Hierarchy and coordination of sources of law in the national legal foundations of Russia and Bulgaria».

THEORETICAL AND HISTORICAL LAW SCIENCES
Evgeniya V. Nefedova Rostov State University of Economics, Rostov-on-Don, Russia, jenyaaanefedova@mail.ru

    • Abstract. The author examines the provisions of the current regulatory legal acts of the Russian Federation, legal doctrine, decisions of law enforcement bodies regarding the essence establishment and definitive foundations of «quota» phenomenon. Referring to scientists’ various points of view on the functional purpose of quotas, their practical implementation in the conditions of modern state-legal laws, the author puts forward a provision on the possibility of perceiving quotas as an independent legal means aimed at regulating public relations. Applying a variety of cognition means and methods, among which a special role was assigned to the dialectical method, as well as using comparative legal, formal legal methods, conclusions are made that concretize the doctrine of the legal regulation means, legal advantages, indorsements and restrictions in law. The author’s final conclusions expand legal knowledge about the legal impact theory, and in addition, predetermine the activation of scientific discussion regarding the independent perception of quotas in the legal regulation mechanism. Keywords: legal regulation, quota, legal advantage, indorsement, restriction For citation: Nefedova E. V. Quota in Russian law: concept and types. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:12–20 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Tatiana V. Poleshenkova The Russian Presidential Academy of National Economy and Public Administration, Altai Branch, Barnaul, Russia poleshchenkova@alt.ranepa.ru
Aleksey A. Chesnokov The Russian Presidential Academy of National Economy and Public Administration, Altai Branch, Barnaul, Russia chesnokovaa@mail.ru, https://orcid.org/0000-0003-4409-9340

    • Abstract. The article explores the applicability of chronodiscrete monogeographical toolkit (CMGT) to analyze the effectiveness of revival of previously interrupted state-legal phenomena. Taking into account special external and internal conditions of our country’s existence, posing the question of survival of the Russian civilization there is a necessity of operative adaptation of available or creation of tools of public relations regulation. A greater prospect has the use of proven domestic institutions. The chronodiscrete institute itself is studied, with a comprehensive analysis of its environment, law enforcement practice of the issues of construction and functioning; chronodiscrete institute is studied with a comparison of its state at the beginning and end of chronopause; the methodology of legal comparativism in comparing the relevant institution and specific conditions of its existence in different periods is used. Keywords: chronodiscrete monogeographical study, state-legal institution, interruption of legal tradition, legal reform, advocacy For citation: Poleshenkova T. V., Chesnokov A. A. On the role of the chronodiscrete monogeographic approach in assessing the prospects for reviving the interrupted institutions of the domestic legal system. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:21–26 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Alfir M. Khuzhin Nizhny Novgorod Academy of the Ministry of the Interior of the Russian Federation, Nizhny Novgorod, Russia, alfirhuzhin@mail.ru , https://orcid.org/0000-0002-8026-2822 National Research Lobachevsky State University of Nizhny Novgorod, Nizhny Novgorod, Russia
Salavat M. Khuzhin Volga Branch of the Russian State University of Justice, Nizhny Novgorod, Russia, salavat888@yandex.ru, https://orcid.org/0009-0000-5261-191X
Mikhail V. Karpychev National Research Lobachevsky State University of Nizhny Novgorod, Nizhny Novgorod, Russia, jurius-nn@yandex.ru, https://orcid.org/0000-0003-3341-734X

    • Abstract. The article evaluates the modern law-making process under the prism of the search for a balance between public and private interest. Particular attention is paid to the process of making amendments and additions to the current legislation in the face of sanctions pressure from unfriendly countries. The authors formulate methodological approaches in understanding and correlation of public and private interests in modern law, point at the problems of lawmaking in the context of maintaining a balance of public and private interests, at the level of adoption of both laws and subordinate regulatory legal acts. Conclusions and suggestions are made to improve the mechanism for finding a balance of public and private interest in the law-making activities of modern Russia. Keywords: balance, public interest, private interest, law-making, legal understanding, legislation For citation: Khuzhin A. M., Khuzhin S. M., Karpychev M. V. The balance of public and private interest in modern law-making. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:27–33 (In Russ.).

THEORETICAL AND HISTORICAL LAW SCIENCES
Andrey E. Сhechetin Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia achechetin@mail.ru
Ivan D. Shatokhin Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia sha_to_hin@mail.ru

    • Abstract. The article examines the legal problems of the implementation of the constitutional right to appeal to interstate bodies for the protection of human rights and freedoms that arose in connection with Russia’s withdrawal from the Council of Europe and the Convention on the Protection of Human Rights and Fundamental Freedoms. The authors, based on the analysis of judicial practice in responding to decisions of UN Committees on the recognition of violations of international norms, come to the conclusion that in the absence of direct legislative prescriptions on the need for their execution, the decisions of the Constitutional Court engage certain prerequisites for this. However, the effectiveness of the mechanism for implementing the constitutional guarantee under consideration will largely depend on the Supreme Court’s position in assessing the legal force of decisions of interstate human rights bodies. Keywords: Constitution, Constitutional Court, Supreme Court, judicial protection, Human rights Conventions, European Court of Justice, Council of Europe For citation: Сhechetin A. E., Shatokhin I. D. Problems of judicial protection of human rights associated with the withdrawal of Russia from the Council of Europe. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:34–43 (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, Altai Institute of Labor and rights (branch) OUP VO «ATiSO», Barnaul, Russia, sii2009@yandex.ru

    • Abstract. The article discusses the requirements for managing controllers, examines the difference between private security activities and the activities of managing controllers. The rights and obligations of private security guards and managing controllers are compared. The issues of administrative responsibility for violation of law and order and security at sports events are touched upon. The procedure and content of special training programs for controllers and vocational training of private security guards are disclosed. The work suggests novelties to the current regulatory legal acts. Keywords: managing controller, public security, public order, organizers of sports events, owners (users) of sports facilities, special training, sports, sports competitions, private security guard, private security organization For citation: Bachurin A. G., Самсонов И. И. Of administrative and legal regulation of certain aspects of special training of managing controllers. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:44– 51 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Alexey F. Verbilov Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia verbilov-alex@yandex.ru
V. Kovalev Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia 79095020200@yandex.ru
Ainur А. Daminov Ufa Law Institute of the Ministry of Internal Affairs of Russia, Ufa, Russia, arturakbarov0@gmail.com

    • Abstract. The use of force and weapons by law enforcement officers is strictly regulated by international and local regulatory legal documents. The article considers the legislative basis for the use of firearms by officers of the National Police of the Philippines. An overview of the national regulatory legal framework governing this aspect in the process of fulfilling their functions and powers by members of the National Police of the Philippines is presented. An analysis of the national regulatory framework of the Republic of the Philippines is given in comparison with the relevant Russian legislation. Keywords: legislation, law enforcement, police activities, use of firearms, Philippine National Police For citation: Verbilov A. F., Kovalev V. V., Daminov A. A. Legal regulation of the use of firearms by officers of the Philippine National police. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:52–58 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Vladimir V. Golovko Dostoevsky Omsk State University, Omsk, Russia
Aleksandr I. Sakhno Tyumen State University, Tyumen, Russia
Ivan E. Otchesky Tyumen State University, Tyumen, Russia

    • Abstract. The paper studies the actual problems of legal regulation and the peculiarities of the organization of the public administration system in the event of emergencies of a biological nature in peacetime. Based on the analysis of legislation on civil defense, on biological safety and on the protection of the population and territories from emergencies, new challenges and threats of a biological nature are considered, and a unified classification system for emergencies is proposed. Keywords: legal regulation, public administration, strategic planning, functions of law, civil defense, emergencies, biosecurity, police powers For citation: Golovko V. V., Sakhno A. I., Otchesky I. E. Public administration upon occurrence of biological emergencies (legal and organizational aspects). Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:59–69 (In Russ.). Funding. The study was supported by the Russian Foundation for Basic Research and the Tyumen Region within the framework of the scientific project № 20-411-720006.

PUBLIC LAW (STATE LAW) SCIENCES
Oleg N. Dyadkin Vladimir State University named after A. G. and N. G. Stoletovs, Vladimir, Russia, krimvggu@mail.ru

    • Abstract. The article, based on the analysis of statistical data on administrative offenses in the field of traffic committed over the past five years in the Russian Federation and their comparing with the number of discontinued proceedings in these cases, suggests the conclusion that it is not necessary for a delinquent to resort to legal assistance when «traffic» torts are detected using technical means operating in automatic mode and equipped with means of fixation. The author touches upon the problems of providing legal assistance in proceedings on cases of administrative offenses and in order to eliminate them proposes to change and supplement certain articles of the Code of the Russian Federation on Administrative Offenses. Particular attention is paid to the proposed grounds for the mandatory participation of a defense counsel in these proceedings, including cases where legal assistance must be paid from the state budget. Keywords: offense in the field of traffic, special proceedings in cases of administrative offenses, obligation and appointment of a defense counsel in a case of an administrative offense For citation: Dyadkin O. N. On delivering legal services in process of administrative violation cases. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:70–75 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Sergey V. Moiseev Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, moiseev-tpg@rambler.ru

    • Abstract. The author analyzes the features of the constitution of the socialist type using the example of the Constitution of the USSR of 1977, taking into account the points of view of Soviet social scientists, contemporaries of the process of preparation, adoption and implementation of the provisions of the Basic Law of the Soviet state. Keywords: constitution, state, laws, regulations, socialism, constitutional provisions For citation: Moiseev S. V. Constitution of the socialist type (The Constitution of the USSR of 1977). Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:76–81 (In Russ.).

PUBLIC LAW (STATE LAW) SCIENCES
Nikolaj V. Rumjancev Московский университет МВД России им. В. Я. Кикотя, Москва, Россия Научно-исследовательский институт Федеральной службы исполнения наказаний, Москва, Россия, rumyantsevn.v@yandex.ru
Vladimir V. Zhuravlev Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V. Y. Kikot, Moscow, Russia, vz15111982@gmail.com

    • Abstract. The article deals with topical issues of public service and the implementation of disciplinary measures in ministries and departments implementing certain law enforcement functions. In order to build an effective administrative and legal model of public administration, the authors analyzed the types of disciplinary responsibility and the procedure for their implementation, vested in the official legislation regulating the official activities of the Ministry of Internal Affairs of Russia, the Federal Penitentiary Service of Russia, the Investigative Committee, the Prosecutor’s Office and customs authorities, and also suggested ways to overcome existing problems. Keywords: civil service, managerial activity, institute of disciplinary responsibility, administrative responsibility, administrative discretion For citation: Disciplinary responsibility in the public service system. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:82–86 (In Russ.).

CRIMINAL LAW SCIENCES
Natalia N. Bugera Volgograd Academy of the Ministry of the Interior of Russia, Volgograd, Russia, knn.76@mail.ru
Maria A. Maletina Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, mamaletina85@mail.ru

    • Abstract. Within the framework of the article, the concept of a crime is analyzed from the point of view of three approaches to understanding its essence in the doctrine of criminal law: formal, material and formalmaterial. As a result of a substantive analysis of the constitutive signs of a crime (an act, its public danger, criminal wrongfulness, guilt and punishability), the authors concluded that the concept of a crime in criminal law is one of the central, basic, penetrating the entire industry. It is the signs of a crime in their totality that determine the grounds for the criminalization of socially dangerous behavior and the formation by the legislator of specific offenses. Keywords: crime, public danger, criminal wrongfulness, guilt, punishability For citation: Bugera N. N., Maletina M. A. The concept and signs of a crime under the current criminal legislation of Russia. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:87–92 (In Russ.).

CRIMINAL LAW SCIENCES
Natalja V. Vishnjakova Omsk Academy of the Ministry of the Interior of Russia, Omsk, Russia, vishniakova77@mail.ru

    • Abstract. The article defines the concept of mental duress, its essence and content, taking into account the provisions of Article 39 of the Criminal Code of the Russian Federation, the conditions of the legality of causing harm under mental duress are revealed (the general danger of duress, its existence and validity, the unavoidability of duress by other means, causing harm to third parties, the harm caused should be less than prevented). The author illustrates these conditions with examples from judicial practice, emphasizing that in order to recognize the harm as lawful, it is necessary to meet all of these conditions. Special attention is paid to the problem of the permissibility of considering hypnosis as a form of mental duress. The possibility of supplementing Part 1 of Article 40 of the Criminal Code of the Russian Federation with mental duress (hypnosis) as a valid defence is substantiated. Keywords: mental duress, valid defence, the legality of causing harm, extreme necessity, hypnosis For citation: Vishnjakova N. V. Mental duress as a valid defence. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:93–98 (In Russ.).

CRIMINAL LAW SCIENCES
Anastasija V. Gamzina Рolice Department № 7 of Intermunicipal Department of the MIA of Russia «Krasnoyarsk», Krasnoyarsk, Russia, gamzina_anastasia@bk.ru

    • Abstract. The article examines some problematic aspects related to the activities of the mass media, which can contribute to the propaganda of mass murders in educational institutions of the Columbine type. Based on the analysis of works by foreign and domestic researchers devoted to this problem, as well as independent studies conducted by the author, the necessity of legislative restriction of information published by the mass media concerning the identity of the schoolshooter and the tactics of the attack committed by him is justified as a preventive step against the repetition of crimes of this kind in the future. Keywords: «Columbine», schoolshooting, attacks on educational institutions, mass media, «Werther effect», legislative restriction of information coverage For citation: Gamzina A. V. The need for legislative restrictions on information published by the mass media about terrorist acts of the columbine type. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:99–106 (In Russ.).

CRIMINAL LAW SCIENCES
Pavel V. Elfimov Ural Law Institute of the Ministry of the Interior of Russia, Yekaterinburg, Russia pvelfimov@mail.ru
Olga P. Vinogradova Ural Law Institute of the Ministry of the Interior of Russia, Yekaterinburg, Russia olga10vin@mail.ru

    • Abstract. In the presented article, the authors sound the thesis that the social conditionality of criminalization of iatrogenic crimes should be considered from different positions. So, in general, medical activity is a professional activity for providing qualified medical care, conducting medical examinations, medical examinations, sanitary and anti-epidemic, preventive measures and others. It seems problematic that there are a number of prohibitions at the legislative level that have the character of imperative. In order to develop effective measures to counteract crimes committed by medical professionals, it is necessary to analyze the essence of this category of crimes and their system definition. Keywords: iatrogenic crimes, medical care, health, crimes committed by medical workers For citation: Elfimov P. V., Vinogradova O. P. On social conditionality of criminalization of iatrogenic crimes. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:107–114 (In Russ.).

CRIMINAL LAW SCIENCES
Olga V. Ermakova Barnaul Law Institute of the Ministry of Internal Affairs of Russia, Barnaul, Russia, ermakova_alt@mail.ru, https://orcid.org/0000-0003-3427-7318

    • Abstract. This article deals with the problem of classification of completed crimes. Currently, in the science of criminal law there is no uniform understanding of not only the types of such compositions, but also the classification basis for division. Based on the analysis of the positions existing in the doctrine of criminal law, the author develops a system of types of components of completed crimes, distinguished on various classification grounds. The classification of the compositions of completed crimes is a necessary tool for constructing the compositions of completed crimes, which allows streamlining the interpretation of the moment of completion of crimes enshrined in the Special Part of the Criminal Code of the Russian Federation. The development of the types of compositions of completed crimes is not only of theoretical importance, which consists in the development of the science of criminal law in terms of the doctrine of the elements of a crime, but also of practical importance, which involves the use of these developments to build a criminal law and interpret its prescriptions. Keywords: corpus delicti, construction of corpus delicti, classification of corpus delicti, moment of end of crime, completed crime For citation: Ermakova O. V. Classification of elements of completed crimes: theoretical research and its applied value. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:115–119 (In Russ.).

УГОЛОВНО-ПРАВОВЫЕ НАУКИ
Evgeniya E. Melyukhanova Ural State Law University, Yekaterinburg, Russia, melyukhanova@list.ru

    • Abstract. The article discusses approaches to criminal punishment through its composition, analyzes the composition of punishment and the composition of sentencing. The elements of the composition of punishment include, by analogy with the elements of the corpus delicti: the object of criminal punishment, the objective side of criminal punishment, the subject of criminal punishment and the subjective side of criminal punishment. Similarly, the elements of the composition of sentencing are represented by the object of sentencing, the objective side of sentencing, the subject of sentencing and the subjective side of sentencing. The analysis of the characteristics of all elements of the composition of punishment and the composition of sentencing reveals some problems in the implementation of the approach to criminal punishment through its composition. Keywords: criminal law, criminal punishment, the composition of punishment, the composition of sentencing For citation: Melyukhanova E. E. The composition of punishment and the composition of sentencing: a critical analysis. Altajskij juridicheskij vestnik = Altai Law Journal. 2023;2:120–126 (In Russ.).
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