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Actual Problems of Russian Law

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No 11 (2018)

ТЕМА НОМЕРА: ПРАВО И БИЗНЕС

11-13 428
Abstract
The paper provides for a brief overview of the traditional 7th All-Russian Scientific-Practical Conference "Law and Business" "Legal Environment of Business: Integration of Science, Education, Practice" held on June 1, 2018 under the auspices of the Kutafin Moscow State Law (MSAL). The author dwells on main speakers, draws attention to the issues of reports and the format of the scientific event.
14-18 487
Abstract
The paper provides for a brief overview of the traditional 7th All-Russian Scientific-Practical Conference "Law and Business" "Legal Environment of Business: Integration of Science, Education, Practice" and the Round Table "Major Transactions: Challenges and Prospects." The paper expresses a palette of opinions of leading experts in this field as well as conclusions and recommendations aimed at improving the legal regulation of the institute of major transactions and transactions with interested parties under Russian law.
19-25 1268
Abstract
Family business has traditionally been considered as the most common type of business that quantitively prevails in developed market economies. The paper analyzes family business, its role in the system of small and medium-sized entrepreneurship of the Russian Federation, individual approaches to the concept and essence of family business. The author scrutinizes the legal nature of family business and features of family entrepreneurship in the Russian Federation, determines features of family entrepreneurship and a legal status of a family enterprise. Also, the paper considers the prospects for the development of family entrepreneurship in the Russian Federation and draws a conclusion that family business should be allocated into an independent type of business activity; moreover, family business requires special normative and legal regulation.
26-31 595
Abstract
Tourism development in the RF directly depends on the cost and quality of hotel services. These indicators are reflected in the hotel classification that appears to be ambiguous and unclear, which causes problems for its implementation in practice. The author enumerates the following problems of the legislative classification of hotels: lack of a uniform system of classification of all types of hotels, crudity of hotel classification procedure, and overestimated cost of the hotel classification procedure. The named weaknesses can be overcome provided a relevant normative legal act regulating hotel classification and determining various quality criteria for hotel services classification is passed.
32-38 479
Abstract
The article is devoted to the European information technologies, software and hardware applications aimed at optimizing control over increase in migration flows, crossing the state borders of the European region that is a part of the Schengen area, in the conditions of growing threat of international terrorism, intensification of international relations and expansion of interstate cooperation. The paper scrutinizes historical prerequisites for the creation of the Schengen information system, the main milestones of its architecture and legal regulation.. The priority directions of improvement of the Schengen information system in modern conditions are investigated, the legislative measures designed to ensure the process of formation of the "European space of freedom, security and justice"are defined. It is argued that a positive effect should be expected from the introduction of the European search portal also in terms of the impact on migration and asylum procedures. The measures designed to minimize the risks of fraudulent actions with personal identification data are listed. It is recommended to develop a European strategy for integrated border management that serves both the migration policy and the security policy of the EU. It is noted that the need to study common European information technologies for the formation of the "European space of freedom, security and justice" has emerged due to the tense foreign economic and foreign policy situation, sanctions against the Russian Federation and the urge for cooperation of the member countries of integration associations.
39-44 469
Abstract
The paper considers the features characterizing the aviation equipment (aircraft) developer, and, on this basis, the author defines the concept of aviation equipment (aircraft) developer in the context of his participation in relations regulated under civil law. On this basis, an attempt has been made to determine the limits of his liability for damage caused by design defects of the aircraft. It is in the author's opinion that, under a general legal principle of justice, aircraft developers should be held liable for paying damages. To this end, Para. 4 of Art. 37 of the RF Air Code should be supplemented with determination of the aircraft developer functions that the aircraft developer fulfils after the aircraft design documentation is executed, namely: fixing extended operational life of aircraft equipment, providing technical support and maintenance, aircraft design supervision in the process of its production, operation and repair. The next step should involve the formation of judicial practice with regard to awarding damages in disputes involving aircraft developers. The study of the court practice concerning economic disputes in different categories of cases shows that approaches of the courts to the resolution of such disputes in some cases are radically changed as a result of adoption of directives of supreme judicial authorities.
45-51 477
Abstract
The article is devoted to the issues of ensuring the balance between private and public interests of the parties to implementing agreements on business activity (contracts on conditions of activity) within the borders of territories with a special economic regime. The author comes to the conclusion that the current legislation does not secure the interests of contractors parties to the agreements in question to the full extent, and offers solutions to the named problems. As one of the problems the author considers the absence of a clear indication in the legislation of to which branch of law implementing agreements on business activity in special economic zones should be assigned. Consistently substantiating the civil law nature of such agreements, the author considers it necessary, in order to eliminate possible disputes concerning the branch of law to which agreements in question belong, to supplement the legislation with provisions that would determine the civil nature of such agreements. Also, the article underscores that ensuring the balance of the parties' interests is prevented by the fact that in the legislation with regard to implementing agreements on business activity (business terms agreements) the rules concerning the liability of their parties are either absent or not sufficiently stipulated. In this regard, it is advisable to point out that each of the counterparties to the business agreement (business terms agreements) should be held liable in accordance with the current legislation of the Russian Federation.
52-59 677
Abstract
The issues of civil liability are among the oldest and, at the same time, the most complex problems of the civilistic theory. The main approaches to understanding liability were formed in the Soviet period when the law-maker ultimately refused to recognize traditional institutions of private law (and first of all, corporate law). Today, in the context of corporate law revival in the system of Russian legislation, the issue arises concerning the need to revise and modernize approaches to understanding liability. In this regard, the article provides for the author's view on civil liability that takes into account the peculiarities of corporate relations themselves as well as fault as one of the most important grounds for imposing civil liability. Well-founded conclusions are based on the provisions of domestic and foreign doctrines, and they are consistent with the established jurisprudence. Although the author assumes that liability in corporate relations is sui generis in nature, i.e. involves a combination of private and public law principles, he denies the possibility of recognizing corporate law as a "complex" branch of law due to the prevailing importance of civil law principles. In conclusion, the author gives his own understanding of the two bodies of the corporation concept and explains the importance of this concept for imposing civil liability.
60-67 1118
Abstract
The paper considers general provisions with regard to civil liability as a type of legal responsibility, types of civil liability. The paper scrutinizes the specificity of civil liability of participants of corporate relations. Also, the paper examines the current legislation and jurisprudence of application of provisions concerning civil liability, determination of criteria of actual possibility and legal characteristics of connectedness relations in the field of corporate relations in insolvency (bankruptcy) cases. Based on the results of the study, the author comes to the conclusion that in order to solve the problems of law enforcement, in order to ensure effectiveness of the application of the existing regulations concerning liability in corporate relations, and taking into account their civil legal nature, it is necessary to specify in normative legal acts the conditions and grounds for civil liability imposed for corporate offenses and to specify the criteria for imposing civil liability or exempting from it on the basis of objective characteristics of "normal conditions of civil law relations or entrepreneurial risk" (Art. 53.1 of the RF Civil Code).
68-73 1550
Abstract
The paper analyzes the content of the category "digital economy," defines its main features, draws conclusions about how the science of business law and the legislation on entrepreneurial activity should react to the processes of digitalization in Russia. Two main strategies of digitalization of the economy are being scrutinized: market and planned economies. The author determines the tendencies of the Russian legislation of recent years. The analysis of certain types of digital technologies is carried out and their impact on the development of legislation is examined. Also, the author examines the impact of digital technologies on interaction of business entities. The problem of determining the legal regime of artificial intelligence is also highlighted.
74-80 924
Abstract
The article is devoted to the study of the social value of business activity and the possibility of its consolidation in the legislation. The author notes the positive and negative social consequences of entrepreneurs' activities; the factors influencing the way entrepreneurs cooperate with the society are determined. The importance of social responsibility of an entrepreneur for the economy, society and the state is examined as an internal factor. The author notes that social responsibility is manifested, in particular, in business entities making decisions to sell their goods to pensioners with discounts during certain working hours, service businesses providing services to pensioners and students at lower tariffs than they would otherwise provide to other individuals in similar cases. Legal implementation of social responsibility of the entrepreneur is enshrined in local normative acts, namely, orders, ordinances, regulations, and should be treated as one of the grounds for attributing entrepreneurs to the participants of social entrepreneurship.
81-86 483
Abstract
The article scrutinizes the role of the operator in organizing passenger transportation in direct multimodal (combined) passenger transportation, civil law instruments of transportation management as well as responsibility for improper performance of obligations to transport passengers and provide such services. Laws in Russian do not take into account a global trend aimed at assigning responsibilities for organization of direct mixed traffic transportation to the operator that assumes responsibility for performance of the whole complex of services for passengers and baggage transportation in direct multimodal (combined) traffic, which is criticized by the author. In addition, the author insists that the powers of a passangers and baggage multimodal (combined) transportation operator should include, in addition to organization of transport services, planning, accounting and control, analysis and regulation, i.e. operator services for the transportation management.
87-95 840
Abstract
The paper deals with the provisions of the draft Federal Law "On amendments to the Federal Law "On Insolvency (Bankruptcy)" and certain legislative acts of the Russian Federation in terms of improving the procedure for selling property in bankruptcy," and, in particular, with such proposals as: changing the bidding mechanism by abolishing the tender, bidding by means of public offering, and bidding on the principle of "Dutch auction" (mixed bidding procedure) according to which the bidding shall be carried out by means of a gradual sequential change (increase and decrease) of the initial price by one step of bidding; expanding the list of entities capable of acting as an organizer of the tender and establishing responsibility of the receiver for providing compliance with the tender procedure including involvement of the organizer in tendering; introduction of the obligation of the bidder to purchase the property at the price specified in the bid request; establishment of the minimum amount of the deposit for participation in the tender as well as consolidation of the possibility of its transfer by a third party; determination of the initial sale price of the property on the basis of its liquidation value; limitation of the range of electronic platforms on which the tender can be held in electronic form in bankruptcy proceedings. The author draws a conclusion concerning the level of elaboration of these amendments, the possibility of practical implementation of the legislative initiative, the ways available to improve the existing order of tender procedures.
96-102 658
Abstract
There are several approaches (concepts) available to determine the legal nature of technical regulations: the documentary concept, the concept of a normative legal act, the concept of a technical barrier. The author proceeds from the fact that a technical regulation is a source (form) of law that acts as a lawful restriction of entrepreneurs' freedom, while an entrepreneur produces and sells products (goods) within the legal framework of contractual relations. Thus, technical and legal rules and regulations become a supporting instrument for the regulations directly aimed at ensuring the safety of goods. The article shows that technical regulations can have both positive and negative effects on the activities of entrepreneurs. One of the manifestations of the positive impact of technical regulations on the economy and business is expressed in the possibility for the State to apply technical regulations in order to establish uniform coherent obligations for all market participants (manufacturers, performers, sellers) in terms of ensuring entry to the market for goods of sound quality. As a result, an economically stronger group of entrepreneurs is deprived of the opportunity to abuse their rights not only against consumers of goods, but also against economically weaker market participants (manufacturers, performers, sellers). However, under certain circumstances, technical regulations can be used as tools for lobbying the interests of individual groups of entrepreneurs (e.g. representatives of large businesses).
103-109 492
Abstract
The paper deals with the problems of efficiency of the mechanism of antimonopoly restrictions imposed on the share of retail networks that sell food products on the market. Based on the analysis of judicial and law enforcement practice of antimonopoly authorities, the author concludes that, despite restrictions established by the anticompetitive legislation on the 25% market share, retail networks in the market often occupy a much larger share due to both the imperfection of the legislation and application by trading networks of various ways to circumvent the law. In order to improve the efficiency of antimonopoly regulation in the retail food market, the author proposes to move from a prohibitive mechanism to a preventive mechanism of regulation, to remove restrictions on the maximum share of the retail network in the market but, at the same time, to oblige retail networks that occupy a dominant position in the market or exercise collective dominance, not to create discriminatory conditions for suppliers representing small and medium-sized businesses, including local producers.
110-115 455
Abstract
The paper examines the issue of non-compliance of the current legislative requirements applied to the micro-enterprise address with the realities of the digital economy. The paper analyzes the problems of law enforcement and legislative initiatives in this field, provides for the proposals to improve the legal regulation. The author favors approach according to which the actual address is not required to register a business enterprise. A fundamental change in the approaches applied to control creation and activities of legal entities will require not only the political will to stop exerting undue pressure on business, but also to resolve a great deal of emerging legal problems (for example, location of the documents of the legal entity), since this approach allows the state registration of legal entities to perform its function of collecting and providing information.
116-123 835
Abstract
In the paper the author examines regulatory legal acts both at the level of laws and at the level of by-laws regulating scientific and innovative activity of medical organizations in order to determine a legal regulation of such activities that corresponds to the existing realities. On the basis of the study the author comes to the conclusion that the existing legal framework in this area is imperfect. This conclusion is justified by the fact that, first, the fundamental law in the field of scientific activity - the Federal law of 23.08.1996 № 127-FZ "On Science and State-Technical Policy" - is outdated and its provisions cannot properly regulate modern science in the field of medicine, since it was adopted more than 20 years ago and, during this period, there have been significant changes in the field, e.g. high-tech medical equipment has been created, medical organizations are using innovative developments in their work. Second, the fundamental law regulating innovation activity as a whole has not been adopted until now, which, of course, causes problems for the legal regulation of innovative activities of medical organizations.

PAGES OF HISTORY

124-130 719
Abstract
This paper discusses the main stage of the adversary procedure, taking into account reforms and amendments occurring at the end of the 17th - beginning of the 18th centuries. This stage - the "trial", and after the decree of 21 February 1697 the "interrogation" - was an exchange of statements between the claimant and the respondent (claim, claims response, objections of the claimant and the respondent) followed by the judicial inquiry of the claim and evidence of the parties. The abolition of the "trial" and "confrontments" by Peter I did not mean that the adversary procedure ("court and investigation" in the terminology of the 17th century) turned into an investigative process. In fact, there was only an increase in the role of the judge, a reduction in the ability of the parties to exchange mutual accusations. Court procedure of the "Moscow" period, despite careful study including the minor details of the judicial process, turned out to be ineffective. Peter I's decisive measures to fundamentally break the old forms did not lead to the abolition of the adversarial form of legal procedure and its main element, the "trial". Unification of the court procedure under the Decree of 1723 "On the Form of the Trial" did not take place, and the "form" itself was pushed aside to the periphery of judicial practice.

STATE POWER AND LOCAL SELF-GOVERNMENT

131-147 3178
Abstract
This paper discusses the problems of identifying constitutional law as a meta-discipline, the scope of the subject and method in intersiciplinary harmonization. The relationship between constitutional law and teleology as a science exploring the purpose and expediency is revealed. The author formulates theoretical foundations of constitutional teleology that forms a request for hierarchy and coordination of constitutional and other legal disciplinary values and interests. Taking into account the existing positions in science, the complex nature of the subject of constitutional law, the expansion of the subject of constitutional and legal regulation under the influence of integration processes and the constitutionalization of the rule of law and branches of Russian law are substantiated. In methodological terms, doctrinal legal constructivism is used to build up the subject of constitutional law. The paper considers scientific approaches to the dialectics of the development of the subject of constitutional law and the reflection of the principles of constitutional universalism and constitutional identity in it. The author proposes to identify traditional and universal, innovative and original social relations in the framework of the subject of constitutional law. Special attention is given to constitutional identity as a necessary element of the meta-discipline, the development of the substantive sphere of constitutional law due to the effect of constitutionalization of the rule of law and branches of Russian law. Traditionalism and narrow approach to the scope of the subject of constitutional law are critically evaluated, new vectors in the development of constitutional law are noted, as well as the most important areas of constitutionalization as new subject areas of constitutional and disciplinary regulation. Within the discussion on the universality of the constitution and constitutional law, the existence of implicit or explicit constitutional issue in every branch of Russian law is stated. These issues are: 1) Classification of the subject matter of the branch as a specific type of subject matter (which can either be directly enshrined in the text of the Constitution of the Russian Federation or derived from the interpretation of its norms). 2) The constitutional powers of public authorities in the field of industry lawmaking, law enforcement and interpretation of industry norms.
148-158 541
Abstract
The science of constitutional law needs to more resolutely address the non-classical methodology, conditioned by three global scientific turns of the postmodernity: linguistic, anthropological, practical. The anthropological approach assumes that a person is the center of social reality, legal reality being a part of it. This is consistent with the constitutional principles of the highest value of a person and his rights, formal equality, dignity of the person. In the context of legal anthropology, the subject of constitutional legal regulation are those social relations that form a person who can fulfill himself as a personality in the context of the national legal system. It becomes important to regulate those social relations in which the civic activity of an individual is manifested, primarily his legislative and legislative initiatives. This requires a change in attitude towards the nature of law. Considering the meaning of arts. 2 and 3 of the Constitution of the Russian Federation, the system of human (interpersonal) interactions can generate new things in public life, entailing a change in power relations. At the same time, law in general, including sectoral constitutional law, should develop as a positive result of human activity, an important element of the progressive evolution of society, contributing to the development of the personality, its self-knowledge and self-realization, the achievement of such legal quality as legal identity. Identity is one of the elements of anthropological discourse. From the author's position, the legal theory of identity includes three aspects: philosopho-legal, theoretical legal and disciplinary. The categories of "legal identity" and "constitutional identity", on the one hand, act as a qualitative legal characteristic of a social subject; on the other hand, they make it possible to analize a person's place in law and legal reality in general.
159-168 956
Abstract
The constitutional-legal interpretation of the concept of "individual" is analyzed. The influence of the process of social and political transformations, changing attitudes to the role of the Russian Constitution in the life of an individual, society, state, as well as the change of knowledge paradigms in constitutional legal science on the transformation of the subject matter of constitutional law are noted. It is proposed to use the methodological resources of the philosophy of law, philosophy of the constitution and legal anthropology in constitutional and legal research. The concept of "individual" is considered as a basic constitutional legal concept, embodying the complex dialectical nature of the integration of the content and positive forms of legal freedom (natural and positive rights). It is concluded that the modern knowledge of the law-governed individual in the science of constitutional law is positioned in two levels: ideological and praxeological. The foundations of the constitutional and legal status of a person and a citizen legitimize the basic scope, frameworks and forms of the legal behavior of individuals in society and the state, personify the interests of the social strata of society and are an identifier of the legitimacy of the Constitution itself. The ratio of real and legal status of an individual can act as a determinant for the adoption of a new constitution or reform of the current one. The praxeological significance of the constitutional-legal status of a person and a citizen consists in bringing theoretical studies closer to the understanding of the vector of practical realization of constitutional ideas and acts as a means of dialogue between an individual and the State.
169-175 821
Abstract
This paper presents an analysis of the scope of political rights of citizens in the context of constitutional and legal regulation, analyzes the specificity of this category, issues of the legality of their restriction, and suggests a classification of the relevant restrictive measures. Public relations are developing dynamically, constantly receiving new content, so the list of political rights of citizens, which are one of the key elements of the subject of constitutional legal regulation, cannot be exhaustive. At the present stage, legal relations related to the development of network information and communication technologies are actively being formed, requiring clarity and unambiguity in their regulatory consolidation. Among researchers there is no consensus on the limits of state regulation of the rights and freedoms of a citizen. Therefore, it is required to analyze the legal acts in which their scope is legislatively fixed, which makes it possible to highlight various methods used in the formulation of legal restrictions on the political rights of citizens. The analysis of the issues of the legality of such restrictions shows that it is necessary to remember about a possibility of their broad interpretation by the legislator and law enforcer, which can lead to excessive restrictions on human rights and freedoms. It is also important to note that there is the need to exclude the possibility of a two-digit interpretation of the rules of law governing this area.

FINANCIAL LAW

176-185 469
Abstract
This paper deals with the term of tax audit through the category of "legal interest of a taxpayer", the protection of which is guaranteed by federal law (Article 22 of the Tax Code of the Russian Federation). It is with the legitimate interest in the smooth conduct of the taxpayer's economic activities that the legislator has been bound by the time constraints of the tax audit. The author comes to the conclusion that unreasonable duration of a tax audit violates the taxpayer's legitimate expectations and undermines confidence in the law and the actions of public authority. Unlimited time control is not only redundant, but, as shown in the article, is carried out beyond the competence of tax authority officials. The paper justifies zero tolerance for violations of the deadlines established by law, since vicious practice is incompatible with respecting the dignity of a taxpayer's person (Article 21 of the Constitution of the Russian Federation) and the requirements of the Tax Code of the Russian Federation to treat taxpayers reasonably and carefully (paragraph 3 of Article 33).

CIVIL AND FAMILY LAW

186-191 455
Abstract
This paper deals with the problems relating to the limits of the validity of court decisions taken in debtor-creditor disputes prior to the commencement of a bankruptcy process. The author explores the mechanism of non-competitive and competitive protection of creditors' rights from unreasonable, imaginary claims.

PUBLIC ADMINISTRATION AND ADMINISTRATIVE PROCESS

192-199 541
Abstract
The organizational and legal aspects of the creation and prospects for effective functioning of municipal bodies for the protection of public order in the Russian Federation are considered. It is noted that in recent years, Russia has done some work on the development of the system of these bodies. The scholars' points of view on this issue are given. It is concluded that the very idea of the need to create a municipal police (police) has both supporters and opponents. The main development models of the institute of municipal militia in our country are considered. The draft federal laws "On the Municipal Police in the Russian Federation", involving the empowerment of municipal bodies of public order policing, submitted to the State Duma of the Federal Assembly of the Russian Federation in 2014 and 2016 was subjected to a critical analysis. The conclusion is made about the need to expand the powers of municipal bodies in the field of public order, as well as the establishment of limits for the implementation of these powers with the procedure for interaction between municipal authorities and the Ministry of Internal Affairs of Russia enshrined in the federal law on municipal police. Optimal directions for the activities of municipal bodies of public order are proposed.

LABOR RELATIONS AND SOCIAL SECURITY

200-206 1361
Abstract
The main problem is determined by the inconsistency of the constitutional legal and administrative legal elements of the legal status of foreign workers. Its essence lies in the fact that the constitutional legal aspect of the status of a foreign citizen allows them to be considered as general subjects of labor relations. The legislation is based on the application of the principle of national treatment in the field of labor relations, which is based on the fact that foreign citizens enjoy rights and bear obligations on a par with Russian citizens, they are subject to all general provisions of labor legislation. At the same time, the administrative-legal aspect of the legal status of a foreign citizen establishes their special legal personality within the framework of labor legal relations, limiting legal capacity. This is due to the imperfection of legal norms and the presence of legal gaps in the regulation of the labor activities of foreign workers in Russia, with the result that the legal category "foreign worker" used by Law No. 115-FZ of 25 February 2007 does not fully correspond to the category "worker" determined by labor law. The negative consequences of such a discrepancy can be partially offset by targeted lawmaking.

CRIMINAL LAW

207-215 742
Abstract
This paper attempts to revise the traditional definition of the harmfulness of a computer program based on its ability to create such consequences as unauthorized destruction, blocking, modification or copying of information protected by law. The author points out that the prevailing interpretation of the harmfulness of a computer program does not make it possible to classify as spyware programs (Spyware), the purpose of which is not to harm information assets or infrastructure, but to gather information about the user's activity on the Internet, the program "Bad Jokes", virus constructors, as well as programs that are objectively adapted to commit crimes, but executed on the basis of legal software. The author justifies the conclusion that in the light of today's threats of a rapidly "virtualizing" society, the concept of a malicious program should be expanded by using a more general criterion - the purpose of the program for carrying out illegal activities in general.

THE BAR AND NOTARY PUBLIC SERVICE

216-221 605
Abstract
The analysis of the provisions of the Federal Law of May 31, 2002 No. 63-FZ "On Advocate Activities and Advocacy in the Russian Federation" is presented. To eliminate internal contradictions and bring this Federal Law in compliance with other federal laws, it is proposed to make the following changes to it: to exclude paras. 3 and 4 of art. 1; to exclude the words "and also to occupy public posts of the Russian Federation, public posts of the constituent entities of the Russian Federation, posts of civil service and municipal posts" in para. 1 art. 2; to add the word "appointment" after the word "election" in pp 1 para. 1 art. 16. According to the author, the terms "government posts of the Russian Federation", "government posts of the constituent entities of the Russian Federation", "civil service posts" in the considered Federal Law do not fully comply with the federal legislation and the legislation of the constituent entities of the Russian Federation, as provided for by the federal civil service and government service in state power of the subjects of the Russian Federation. The statement "election to a state authority" does not take into account that, in addition to the legislative body of a subject of the Russian Federation, the bodies of state power of a subject of the Russian Federation are executive bodies. Citizens are appointed to these bodies.

CRIMINALISTICS AND CRIMINOLOGY. FORENSIC SCIENCE

222-229 1048
Abstract
This paper discusses the features of a tactical operation "arrest in possession" in cases of criminal violations of privacy. It has been established that among the motives of committing a given group of crimes that are often encountered in investigative and judicial practice, one can identify mercenary, aimed at making profit for providing information that constitutes a personal or family secret or for refusing to disseminate such information. Taking into account the fact that the disclosure of criminal violations of privacy is fraught with difficulties, it is recommended to use the capabilities of the bodies authorized to carry out operational investigative activities in the framework of the tactical operation "arrest in possession" to solve the problems of their investigation. A number of general recommendations on its planning and content are given. Depending on the model of criminal activity, the investigative activities "test purchase" or "sting operation" are defined as the basis for the implementation of the considered tactical operation. The author considers peculiarities of their conduct studying the cases of intelligence and investigative practice. The author also considers other intelligence and investigative activities that can be carried out as part of a tactical operation and are aimed at obtaining intelligence information about the identity of criminals, the nature of their relationship, the method of committing a crime, conspiracy methods, as well as investigative actions that should be taken after the physical detention of the suspect.
230-240 918
Abstract
The subject matter of this research is regional crime and its prevention. This paper analyzes the modern approaches of criminological scientists to the problem under study. According to most scholars, crime in the territory of a region is characterized by qualitative and quantitative indicators, level and a certain dynamics; features of the causal complex, as well as the conditions for the commission of crimes; the specific composition of perpetrators; the need to apply selective and effective measures for its prevention specifically for a given area. In preparing and writing this paper, methods of analysis and synthesis, as well as a dialectical method of scientific knowledge, were applied. Based on the analysis of statistical data, the authors developed a classification (typology) of the subjects of the Russian Federation according to the crime rate. The authors propose effective measures to improve the efficiency and intensity of measures of preventive impact on crime in the regions of Russia that are in the so-called risk group with a crime rate exceeding the figure of two and a half thousand. The authors concluded that the development of integrated programs is of great importance in the field of regional crime prevention. A draft of a comprehensive regional program for the prevention of crime, taking into account the shortcomings of existing programs, has been developed. The requirements that must be considered when developing them are listed.

FOREIGN EXPERIENCE

241-247 451
Abstract
Modern Czech textbooks on constitutional law contain diverse approaches to understanding the branch of constitutional law and its subject matter. Without directly mentioning constitutional law as a "political branch," their attributes are prominently placed in its subject matter by relations connected with the exercise of state sovereignty and the activities of the state both within the country and abroad. At the same time, the value of such principles as democracy, representative government, and the mediation of political parties between the state and society is emphasized. The restoration of scientific exchange with Eastern European countries can enrich the Russian science of constitutional law.


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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)