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Publications of Gorokhova Svetlana Sergeevna
Legal Studies, 2023-10
Gorokhova S.S., Khvatova M.A. - On some aspects of the transformation of the general provisions of the legislation of the Russian Federation in the field of Russian citizenship pp. 14-26

DOI:
10.25136/2409-7136.2023.10.68741

Abstract: The subject of the study is the general provisions of Federal Law No. 138-FZ of 28.04.2023 "On Citizenship of the Russian Federation". The author analyzes the content of the first chapter of the law in comparison with similar norms of the previously valid Federal Law of 31.05.2002 N 62-FZ "On Citizenship of the Russian Federation". The author focuses on the changes that have taken place in the sphere of legal regulation of issues of Russian citizenship, identifies similarities with the previously existing regulatory legal act, and also explores the essence of newly introduced legislative innovations in the field of regulation of the general provisions of legislation on citizenship of the Russian Federation. The main conclusions of the study are the following provisions. The relevance of the adoption of the new federal law "On Citizenship of the Russian Federation" is determined by the necessity caused not only by geopolitics, multidirectional migration flows, territorial changes, but also by the difficult demographic situation that the state is experiencing at the moment. At the same time, it is obvious that, despite the certain similarity of the new Law on Citizenship of the Russian Federation with the previously existing one, even its first chapter, devoted to the general provisions regulating issues of Russian citizenship, contains a number of novelties that allow us to talk about a significant change in legal regulations in this area.
Legal Studies, 2023-8
Gorokhova S.S. - About some problems of law enforcement activities in the field of state social assistance and support to poor citizens in Russia pp. 64-83

DOI:
10.25136/2409-7136.2023.8.43853

Abstract: The subject of the study is the most common conflict situations that are resolved, mainly in court, in the field of providing state social assistance and support to the poor citizens. The author analyzes the existing, rather extensive judicial practice in this area, focusing on the most socially significant aspects of law enforcement that need further improvement. The methodological basis of the study was a set of general scientific methods of cognition, based on a dialectical general philosophical basis, and, in turn, determining the use of certain private scientific methods, primarily statistical methods in the law enforcement sphere. The article was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation in 2023. The sphere of assistance to low-income citizens and families is extremely conflictual from the point of view of law enforcement. The most common categories include legal disputes related to: contradictions between federal legislation and regulatory acts of the regions of the Russian Federation; imperfection of federal and regional legislation; improper application of the norms of substantive and procedural law; violation of the terms of the social contract; recovery of funds unreasonably paid to recipients of social assistance; bringing to administrative responsibility for misuse budget funds; challenging the refusal to provide social services, in the form of vouchers for sanatorium treatment.
Legal Studies, 2022-8
Gorokhova S.S. - Using the Trust Management Mechanism as a Way to Prevent Conflicts of Interest in the Public Service: the Experience of Canada, Chile and Albania pp. 41-57

DOI:
10.25136/2409-7136.2022.8.38600

Abstract: The subject of the study is the legislative and law enforcement experience of countries such as Canada, Chile and Albania in the use of different forms of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the civil service. The relevance of this study is confirmed by the fact that, on an equal footing with the United States, these states are among the few using this tool, as is the Russian Federation. However, the domestic legal regulation of this institution is still not perfect enough, therefore, it is important to study the experience of those states where there is such a practice. The scientific novelty of the research is determined by the fact that at present there are practically no works containing an analysis of the institute in question. In the course of the study, the following conclusion was made: What is common to the legislation of all the countries considered is that each of these states strives, by virtue of its capabilities, to free the actions of the trustee as much as possible from the influence of the founder of the trust management on him, that is, to ensure the independence of the former from the latter on the management of the entrusted property. However, as the researchers note, even in the most advanced and strict variants, it is hardly possible to avoid the interaction of stakeholders completely. Nevertheless, at least formally, all regulations concerning this issue establish a rule according to which the trustee should not be affiliated with the principal through any channels. This can be applied quite easily in Russian legislation.
Legal Studies, 2022-7
Gorokhova S.S. - Using the trust management mechanism as a way to prevent conflicts of interest in the public service: the US experience pp. 14-31

DOI:
10.25136/2409-7136.2022.7.38520

Abstract: The subject of the study is the legislative and law enforcement experience of the United States in the field of using special types of trust management of property of civil servants and officials as a tool to overcome conflicts of interest in the public service. The relevance of this study is confirmed by the fact that the United States, one of the few states that uses this tool, as well as the Russian Federation. However, in our country, the legal regulation of this institution is still not perfect enough, therefore, it is important enough to study the experience of those states where there is such a practice. The work was prepared as part of the state assignment to the Financial University under the Government of the Russian Federation for 2022. The scientific novelty of the research is determined by the fact that currently there are practically no works containing an analysis of the institute in question. In the course of the study, the following conclusions were made.The most developed, from the point of view of the legal regulation of the institution of trust management of the property of civil servants, is the legal regulation in the USA, where, in addition to the legislative consolidation of the very possibility of placing their assets in a trust (as an alternative to sale), there are detailed administrative regulations for the actions of employees, including, among other things, developed forms forms of documents for each stage of the procedure. For Russian legislation, a detailed regulation of the actions of civil servants in the situation with the transfer of property to trust management also seems very reasonable, since the current reference to the norms of civil legislation obviously does not satisfy the necessary regulatory need, which leads to significant difficulties in law enforcement.
Administrative and municipal law, 2022-3
Gorokhova S.S. - On some aspects of the use of the trust management in the Russian Federation as a tool to prevent conflicts of interest pp. 18-33

DOI:
10.7256/2454-0595.2022.3.38519

Abstract: The subject of the study is the norms of Russian administrative law regulating the obligation for state and municipal employees (and some other categories of persons) to transfer securities, participation shares, shares in the authorized (stock) capitals of organizations to trust management, within the framework of the institute for the prevention and control of conflicts of private and public interests in the process of these persons performing their direct responsibilities. In the course of this study, the author intentionally does not address the issues of civil law regulation of the trust management agreement, focusing on the organizational and administrative side of the studied relations, nevertheless, stating that the application of civil law norms to administrative relations is also not free from a number of problems. The main conclusions of the study are the following points. The Federal Law "On Combating Corruption" prescribes certain categories of persons to transfer securities belonging to them, etc., to trust management if possession of them leads or may lead to a conflict of interests. This norm is variably duplicated in a number of laws and by-laws. At the same time, a number of laws establish the obligation for designated persons to transfer their valuables to trust management, due to the occurrence of a conflict of interests, others assume unconditional transfer. Article 12.3 of the Law "On Combating Corruption" contains a reference to civil legislation regulating the trust management of property as a civil contract. This determines additional issues related to the application of civil legislation in the context of administrative and legal relations. Based on judicial practice, the transfer of property to trust management does not limit the right of the founder of the management to dispose of the management object. In this regard, there are reasonable doubts about the effectiveness of the transfer of conflict-prone property by employees and other persons, in simple trust management, as a way to prevent (prevent) conflicts of interest.
Legal Studies, 2021-8
Gorokhova S.S. - On certain organizational-legal aspects on the market of state (municipal) and corporate procurement in the Russian Federation pp. 11-27

DOI:
10.25136/2409-7136.2021.8.36143

Abstract: The subject of this research is the relevant situation on the market of state (municipal) and corporate procurement, including the key indicators in the sphere planning government orders, stages of selecting suppliers (contractor or executive), conclusion and execution of contracts, as well as monitoring all stages of procurement procedures and detection of legislative violations. Attention is given to the specificity of application of certain provisions of the Federal Law “On the Contractual System of Procurement of Goods and Services for Fulfilling the Needs of the Country” and Federal Law No. 223-FZ “On Procurement of Goods and Services by Certain Types of Legal Entities". The conclusion is made that the sector of state and corporate procurements involves the budgetary funds of all levels, which are about 1/3 of the country’s GDP. At the same time, the current of system of state and corporate procurement is characterized by prevalence of noncompetitive procurement; consistent level of competition; low level of confidence of the marker actors in the system of state and corporate procurement. As a result, the contractual system does not fully contribute to ensuring the economic growth of the country. One of the deterrents for enhancing the functionality of the state and corporate procurement system is the concentration of efforts on improving the contractual system of procurement procedures, rather than achieving the effectiveness of procurement and ensuring due quality of goods and services, as well as the complexity and instability of legislation on procurement.
Legal Studies, 2021-5
Gorokhova S.S. - On certain aspects of public legal responsibility in the sphere of using artificial intelligence and autonomous robots pp. 24-41

DOI:
10.25136/2409-7136.2021.5.35557

Abstract: The subject of this research is certain theoretical aspects of public legal responsibility that may emerge in the spheres and situations of the use of artificial intelligence and robotic autonomous systems takes place. Special attention is given to interpretation of public legal responsibility as a legal category, and its role within the system of legal regulation of public relations in the country. The article explores the basic aspects of public responsibility in the sphere of potential use of the systems equipped with technological solutions based on artificial intelligence. The author describes the possible risks determined by the development and implementation of such technologies in accordance with trends of scientific and technological progress. The conclusion is made that currently in the Russian Federation does not have a liability system applicable particularly to damage or losses resulting from the use of new technologies, such as artificial intelligence. However, the existing liability regime at least ensures the basic protection for the victims suffered from the use of artificial intelligence technologies. However, the peculiar characteristics of these technologies and complexity of their application may hinder payment of compensations for inflicted harm in all cases when it seems justified, and not ensure fair and effective allocation of responsibility in a number of cases, including the violation of non-property rights of citizens.
Law and Politics, 2020-9
Gorokhova S.S. - On amendments to the Third Chapter of the Constitution of the Russian Federation: what is new? pp. 1-14

DOI:
10.7256/2454-0706.2020.9.33400

Abstract: The subject of this research is the novelties in constitutional legislation of the Russian Federation, namely legal provisions that supplemented the main law of the country in 2020. Alongside the renewed constitutional norms, the author analyzed the related articles of the current Russian legislation, as well as separate regulatory provisions of constitutional nature of the foreign countries. The scientific novelty of this work is substantiated by the objective factors associated with recent amendments to legal matter of the Constitution of the Russian Federation of 1993, and thus, practically full absence of scientific legal research on this topic. The author also notes the primary importance of studying the renewed basic constitutional provisions for academic community, as well as the entire Russian society.  In conclusion, it is noted that the Third Chapter of the Constitution of the Russian Federation dedicated to federative structure undergone significant changes. Despite the fact that there are certain questions to revision and location of some newly accepted constitutional norms, the results of the Russian Constitutional Referendum of July 1, 2020 give an overall positive assessment of the new version of the Constitution of the Russian Federation.
Law and Politics, 2020-9
Gorokhova S.S. - On amendments to the Third Chapter of the Constitution of the Russian Federation: what is new? pp. 1-14

DOI:
10.7256/2454-0706.2020.9.43360

Abstract: The subject of this research is the novelties in constitutional legislation of the Russian Federation, namely legal provisions that supplemented the main law of the country in 2020. Alongside the renewed constitutional norms, the author analyzed the related articles of the current Russian legislation, as well as separate regulatory provisions of constitutional nature of the foreign countries. The scientific novelty of this work is substantiated by the objective factors associated with recent amendments to legal matter of the Constitution of the Russian Federation of 1993, and thus, practically full absence of scientific legal research on this topic. The author also notes the primary importance of studying the renewed basic constitutional provisions for academic community, as well as the entire Russian society.  In conclusion, it is noted that the Third Chapter of the Constitution of the Russian Federation dedicated to federative structure undergone significant changes. Despite the fact that there are certain questions to revision and location of some newly accepted constitutional norms, the results of the Russian Constitutional Referendum of July 1, 2020 give an overall positive assessment of the new version of the Constitution of the Russian Federation.
Legal Studies, 2020-6
Gorokhova S.S. - Identification of artificial intelligence systems in legal field: the fundamentals of cyber law pp. 1-11

DOI:
10.25136/2409-7136.2020.6.33419

Abstract: The subject of this article is the social relations established in the process of scientific and technological development in IT sphere that support the work of artificial intelligence systems and relate to scientific discussion on the role of artificial intelligence, robots and objects of robotics in the legal field. The author examines the relevant questions of identification of artificial intelligence systems as a subject, object or other legal phenomenon within the structure of legal relations. The research problem consists in the fact outstripping that the scientific-technological progress outstripped legal regulation of interaction between an individual, society and artificial intelligence, which justifies the need for creation a cyber-law theory. The opinions on the matter in foreign and national literature are analyzed. The article outlines the trends and prospects of implementation of artificial intelligence in various social and economic spheres; determines the contrast of opinions regarding the problems of identification of artificial intelligence systems, as well as incorporation of artificial intelligence into the established legal reality. The author presents and substantiates an original conceptual version of inclusion of artificial intelligence into the legal field, based on the principle of assignment of partial legal capacity to strong and super strong artificial intelligence. The positions on legal responsibility in relations complicated by the presence of artificial intelligence are defined.
National Security, 2020-3
Gorokhova S.S. - Artificial intelligence in the context of ensuring national security pp. 15-31

DOI:
10.7256/2454-0668.2020.3.33465

Abstract: The subject of this research is the most promising technological solutions with application of artificial intelligence and global trends of their implementation by the armed forces of technologically advanced countries. The author determines the key vectors in application of artificial intelligence technologies by a number of countries, including the Russian Federation. The problem of research consist in the lack of balance in the approach towards application of technological solutions based on artificial intelligence, d on the one hand substantiated by the increased risk of application of artificial intelligence systems for ensuring security and defense of the countries, while on the other – impossibility of rejecting them due to current international trends. The scientific novelty consists in the attempt of comprehensive analysis of the current global situation with regards to outlining the prospects and risks of application of artificial intelligence technologies in the armed forces and in the sphere of ensuring national security of modern countries. The following conclusions were made: artificial intelligence technologies are the most promising direction for re-equipment of armed forces of the leading military powers of modern world; explorations are conducted in multiple directions, varying from unmanned vehicles to deadly autonomous weapon. The experts note the evident positive prospects of application of artificial intelligence in the sphere of ensuring national security, as well as potential negative consequences of its implementation.  
Law and Politics, 2019-3
Gorokhova S.S. - The development of human potential as one of the tasks of Russian State Policy with regards to ensuring economic security pp. 62-74

DOI:
10.7256/2454-0706.2019.3.29054

Abstract: The object of this research is the social relations established in the process of realization of the government strategic goals, aimed at the development of human potential and ensuring economic security of the Russian Federation. The subject of this research is the separate provisions of the Strategy of Economic Security of the Russian Federation until 2030, approved by the Presidential Decree No. 208 of May 13, 2017, with regards to determination of objectives of state policy aimed at the development of human potential for the purpose of ensuring economic security. The author covers a wide range of regulatory legal acts concerning the implementation of the aforementioned strategic goals. The novelty is defined by insufficiency within the modern scientific literature of the works dedicated to comprehensive analysis of the state policy objectives aimed at the development of human potential, established by the Strategy of Economic Security of the Russian Federation until 2030, as well as the absence of studies on the process of their implementation. Based on the conducted research, the author concludes on the strong results achieved in realization of the addressed objectives. At the same time, the author notes certain difficulties related to reduction of poverty and income inequality of population. Emphasis is made on the insufficient attention paid to healthcare and cultural environment as the factors influencing the development of human potential.
Law and Politics, 2019-3
Gorokhova S.S. - The development of human potential as one of the tasks of Russian State Policy with regards to ensuring economic security pp. 62-74

DOI:
10.7256/2454-0706.2019.3.43219

Abstract: The object of this research is the social relations established in the process of realization of the government strategic goals, aimed at the development of human potential and ensuring economic security of the Russian Federation. The subject of this research is the separate provisions of the Strategy of Economic Security of the Russian Federation until 2030, approved by the Presidential Decree No. 208 of May 13, 2017, with regards to determination of objectives of state policy aimed at the development of human potential for the purpose of ensuring economic security. The author covers a wide range of regulatory legal acts concerning the implementation of the aforementioned strategic goals. The novelty is defined by insufficiency within the modern scientific literature of the works dedicated to comprehensive analysis of the state policy objectives aimed at the development of human potential, established by the Strategy of Economic Security of the Russian Federation until 2030, as well as the absence of studies on the process of their implementation. Based on the conducted research, the author concludes on the strong results achieved in realization of the addressed objectives. At the same time, the author notes certain difficulties related to reduction of poverty and income inequality of population. Emphasis is made on the insufficient attention paid to healthcare and cultural environment as the factors influencing the development of human potential.
Law and Politics, 2018-10
Gorokhova S.S. - Main tasks of state policy of the Russian Federation on ensuring sustainable growth of the real economic sector pp. 16-24

DOI:
10.7256/2454-0706.2018.10.27164

Abstract: The subject of this research is the social relations affected in the process of state strategic planning in the area of ensuing economic security of the Russian Federation. The author particularly analyzes the separate tasks set by the Russian Federation Economic Security Strategy until 2030, in terms of implementation of one of the vectors of state policy with regards to ensuring economic security, namely, creating the circumstances for achieving sustainable growth of the real economic sector. Special attention is given to the current situation in the indicated sphere, as well as to the analysis of implementation of the previously adopted framework documents. The scientific novelty lies in the detailed substantive analysis of the tasks defined by the Russian Federation Economic Security Strategy until 2030, aimed at implementation of one of the vectors of state policy in the area of ensuring economic security – the creation of circumstances for achieving sustainable growth of the real economic sector, as well as the prospects of their realization.
Law and Politics, 2018-10
Gorokhova S.S. - Main tasks of state policy of the Russian Federation on ensuring sustainable growth of the real economic sector pp. 16-24

DOI:
10.7256/2454-0706.2018.10.43173

Abstract: The subject of this research is the social relations affected in the process of state strategic planning in the area of ensuing economic security of the Russian Federation. The author particularly analyzes the separate tasks set by the Russian Federation Economic Security Strategy until 2030, in terms of implementation of one of the vectors of state policy with regards to ensuring economic security, namely, creating the circumstances for achieving sustainable growth of the real economic sector. Special attention is given to the current situation in the indicated sphere, as well as to the analysis of implementation of the previously adopted framework documents. The scientific novelty lies in the detailed substantive analysis of the tasks defined by the Russian Federation Economic Security Strategy until 2030, aimed at implementation of one of the vectors of state policy in the area of ensuring economic security – the creation of circumstances for achieving sustainable growth of the real economic sector, as well as the prospects of their realization.
Law and Politics, 2018-6
Gorokhova S.S. - On certain aspects of ensuring security of critical information infrastructure of the Russian Federation pp. 27-36

DOI:
10.7256/2454-0706.2018.6.26519

Abstract: The object of this research is the social relations established in the process of creation of the normative legal framework for formation and ensuring security of the critical information infrastructure of the Russian Federation, realized with the aim of achieving its sustainable functioning in terms of conducting computer attacks with regards to the critical information infrastructure of the Russian Federation. The subject of this research is the current statutory and delegated legislation that regulate social relations in the indicated area. Special attention is given to the analysis of certain regulations of the Federal Law of 07.26.2017 No. 187-FZ “On the security of Critical Information Infrastructure of the Russian Federation”, as well as the Decree of the Government of the Russian Federation of 02.08.2018 No. 127 “About Approval of Rules of Classification of the Objects of Critical Information Infrastructure of the Russian Federation, as well as the List of Criteria of Importance of the Objects of Critical Information Structure of the Russian Federation and their Meanings”. The scientific novelty consists in the legal-technical analysis of certain positions in legislation of the Russian Federation in the area of consolidation of approaches towards determining legal meaning  of the category “critical information infrastructure”, as well as classification of the objects of critical information infrastructure of the Russian Federation. The author provides recommendations on improving the normative legal base in the examined area.
Law and Politics, 2018-6
Gorokhova S.S. - On certain aspects of ensuring security of critical information infrastructure of the Russian Federation pp. 27-36

DOI:
10.7256/2454-0706.2018.6.43158

Abstract: The object of this research is the social relations established in the process of creation of the normative legal framework for formation and ensuring security of the critical information infrastructure of the Russian Federation, realized with the aim of achieving its sustainable functioning in terms of conducting computer attacks with regards to the critical information infrastructure of the Russian Federation. The subject of this research is the current statutory and delegated legislation that regulate social relations in the indicated area. Special attention is given to the analysis of certain regulations of the Federal Law of 07.26.2017 No. 187-FZ “On the security of Critical Information Infrastructure of the Russian Federation”, as well as the Decree of the Government of the Russian Federation of 02.08.2018 No. 127 “About Approval of Rules of Classification of the Objects of Critical Information Infrastructure of the Russian Federation, as well as the List of Criteria of Importance of the Objects of Critical Information Structure of the Russian Federation and their Meanings”. The scientific novelty consists in the legal-technical analysis of certain positions in legislation of the Russian Federation in the area of consolidation of approaches towards determining legal meaning  of the category “critical information infrastructure”, as well as classification of the objects of critical information infrastructure of the Russian Federation. The author provides recommendations on improving the normative legal base in the examined area.
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