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Publications of Ostroushko Alexander Vladimirovich
Legal Studies, 2019-10
Karpukhin D.V., Ostroushko A.V. - Concerning the Legal Nature of Notifications About the Use of Budgetary Enforcement Measures pp. 49-58

DOI:
10.25136/2409-7136.2019.10.30928

Abstract: The object of the research is codification of budgetary relations arising in the process of implementation of budgetary enforcement measures. In 2013 the Budgetary Code of the Russian Federation offered a completely new two-level administrative procedure construction that implied fixation of the grounds for implementation of budgetary enforcement measures in notifications about the use of budgetary enforcement measures and decisions that such measures shall be applied. Analysis of the law enforcement practice of using the aforesaid budgetary enforcement measures has demonstrated that there is a problem defining the legal nature of notifications about the use of budgetary enforcement measures. The research is based on the combination of general and special research methods used in social and legal studies. The methodological basis of the research includes the dialectical method with typical requirements of objectivity, versatility, historicism and specificity of truth. General research methods used by the researcher include analysis, synthesis, comparison and measurement. The special research method is the comparative law analysis. As a result of the research, the author discovers that the problem of defining the legal nature of notifications about the use of budgetary enforcement measures is caused by the two-level law enforcement construction of budgetary enforcement measures that implies both notifications and decisions about application of budgetary enfrocement measures. The researcher also underlines the dual nature of notifications that, besides fixation of the grounds for implementation of budgetary enforcement measures and stating the amount of funds that have been used violating the limits of interbudgetary transfers, budget credict or have been used not for intended purpose, also contains instructions about making relevant decisions. 
Legal Studies, 2019-5
Gasanov A.K., Ostroushko A.V. - The USA Experience in Countering an Insurance Fraud pp. 29-35

DOI:
10.25136/2409-7136.2019.5.29679

Abstract: The subject of the study is the regulations of the criminal law of the USA in countering the insurance fraud. A notable feature of the US criminal law is that it consists of the federal legislation and the state legislation, but only 47 states consider an insurance fraud as a crime. The authors have analyzed the dispositions of the criminal law regulations under the study and emphasized the fact that the liability is imposed for the insurance fraud committed by both policyholder and the insurer. The article highlights a certain casuistry of the dispositions peculiar to the US legislation. The authors apply the following methodological methods: a complex of general scientific and special methods of cognition of socio-legal reality. The methodological basis of the research includes the dialectical method with inherent requirements of objectivity, comprehensiveness, historicism, and the specificity of truth. Among the general scientific research methods, the authors apply the methods of analysis, synthesis, comparison, and measurement. The authors apply a rather-legal method as a special scientific method. The authors analyzed the law enforcement practice of the USA in countering the insurance fraud and suggested that special attention should be drawn to the set of its features:there is a detailed description of the features of acts in the criminal law of the USA regarding the insurance fraud; an American lawmaker takes a broad view of an insurance fraud concept and includes the broad list  of acts committed by both policyholder and the insurer; insurance fraud also includes acts of other states and in most cases are liable for exercise of criminal justice; an American lawmaker divides all the acts into crimes and offenses. 
Police activity, 2016-2
Ostroushko A.V., Bukalerov A.A. - On the necessity to improve the legal framework of information security of minors

DOI:
10.7256/2454-0692.2016.2.18077

Abstract: At present, people can’t operate outside the information space. In a huge amount of information, not all the content is secure for users; it is especially topical for the information available to minors. The problem of protecting minors and youth from the negative and, to some extent, immoral impact of information is one of the urgent problems of the current Russian legislation. The article demonstrates the analysis the conceptual documents which form the national policy in the sphere of protection of children from negative information. The authors apply the methods of analysis, synthesis, modeling, prognostication, statistical and sociological methods, the principle of unity of the research subject and the research method, the principle of scientific correctness. The authors conclude that at present it is possible to develop the uniform state policy in the sphere of toughening the liability for the infringement of information security of children. The main directions of this policy should be legislated in the conceptual documents, such as the Concept of Information Security of Minors and the 2016 Doctrine of Information Security of the Russian Federation. The contradictions in the terminology of the existing documents should be eliminated. 
Police activity, 2016-1
Ostroushko A.V., Nikolaev V.V. - On the issue of information and legal regulation of provision of credit services for the population via the Internet

DOI:
10.7256/2454-0692.2016.1.16622

Abstract: At present, microfinancing and credit organizations have become widespread on the lending market. Using the advantages of the Internet, these actors of the financial market overcome territorial borders and try to attract the potential borrowers. With the help of websites, creditors inform the public about the conditions of a cash loan or a micro loan. The research reveals the existing drawbacks of the legislation, connected with the borrowers informing via the Internet. The absence of the list of official websites of microfinancing institutions also causes concern, since it infringes the information security of the person. The author applies the hermeneutical method, the methods of analysis and synthesis, the systems method, the comparative-legal method, and other methods of legal research. The author finds out that the level of information transparency of microfinancing institutions doesn’t conform to the requirements of information security of the person in lending operations. The author formulates the list of general problems of borrowers informing, including the Internet sources usage; their solution can improve the security of microfinancing. Due to the absence of a complex study of information and legal regulation of provision of credit services via the Internet in administrative law, the authors conclude that the development of the institution of legal regulation of borrowers informing is necessary. 
Administrative and municipal law, 2015-11
Ostroushko A.V., Bukalerov A.A. - On the necessity to impose administrative or criminal liability for Internet defamation

DOI:
10.7256/2454-0595.2015.11.16896

Abstract: The authors discuss the provision of appropriate counteractions to the proliferation of the data prohibited by the law, including defamation, on the Internet. This phenomenon has become a serious problem and an information safety threat for almost everyone. Information safety often presupposes certain limits which the state imposes on the information exchange. The existing legal measures for preventing Internet defamation are not enough, since the structure and the ideology of social networks make the existing legal procedures ineffective. The authors apply the methods of analysis, synthesis, modeling, forecasting, the statistical and sociological methods, and the principles of integrity of a subject and scientific correctness. The main conclusion of the research is the thesis about the necessity to develop the system of measures of administrative and criminal liability for Internet defamation. Such measures shouldn’t threaten information rights and freedoms of other subjects of activity in the Russian segment of the Internet, and should be only used for the increase of efficiency of prevention of any amoral or illegal actions. 
Police activity, 2015-6
Lapin A.A. - On the problems of victimological prevention of crimes and the measures of its improvement

DOI:
10.7256/2454-0692.2015.6.17062

Abstract: The recent events demonstrate that criminality is still on the level, threatening the safety of the population. On the base of the analysis, the author concludes that criminality is still dangerous for the safety of the population. The author notes that within the crime prevention system, the work with the victims of crimes (victimological prevention) plays an important role. It is noted that anti-criminogenic potential of victimological prevention is used insufficiently due to several reasons. The research is based on the set of general scientific and special methods of cognition. The methodological basis of the study comprises the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods of research the author applies the methods of analysis, synthesis, comparison, measurement. The comparative-legal method is used as a special research method. The analysis of the work of law machinery and the theoretical scientific works demonstrates that the issue of the use of the potential of victimological prevention is still the problem of today. Its solution is an urgent necessity, since the absence of victimological prevention of its insufficient use reduces the efficiency of prevention of crimes in general. 
Police and Investigative Activity, 2015-4
Golovin Y.A. - About the Possibility of Implementing the Classifier of Functions and Competences of State Authorities in the Activity of the Ministry of Internal Affairs pp. 31-41

DOI:
10.7256/2409-7810.2015.4.16902

Abstract: The object of the present research is the social relations arising in the sphere of information and administrative law in the process of systematization of activities of state administrative authorities based on the science developed classification as well as the social relations arising in the process of implementation of such classification by state authorities, in particular, the Ministry of Internal Affairs. This approach to systematization of functions and competences is quite popular in European countries. Thus, the subject of the present article is the analysis of the classifier of functions of state administrative authorities. According to the author, implementation of such classification will allow to differentiate between competences of law enforcement authorities as well as to conduct an in-depth analysis of performance targets and their accomplishment. A set of general scientific and specific research methods of social and legal nature have been used by the author in the process of preparation of this article. The methodological basis of the research involves the dialectical method including principles of objectivity, comprehensiveness, historicism and specific truth. General research methods used by the author include analysis, synthesis, comparison and measurement. Specific research method used by the author is the comparative law method. The main conclusion of the research is that it is possible to create an overall Russian classifier of functions and competences of state administrative authorities based on the structure and experience of COFOG. The author also emphasizes the need to implement a standard classifier of fucntions and competences by law enforcement agencies. The article has been written as part of the research 'Improvement of legal regulation of  information relations in the system of executive authority (R&D No. 115070810135)' under the guidance of PhD in Law, Associate Professor A. Ostroushko. 
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