DOI: 10.7256/2409-7543.2016.4.19703

Abstract: The article studies the problem of influence of criminal legislation on one of the fundamental factors of Russia’s economy – private sector. The authors consider the economic system as a matrix of the state and the society. Its safety is the basic premise of national and social security, regardless of its traditional form. The authors study the impact of criminal law enforcement practice on the economic system and reveal its destabilizing aspects. The article contains the results of the study of the Business Ombudsman Office and analyzes the topical issues of criminal legislation humanization in relation to economic agents. The authors apply the method of jurisprudence, statistical, sociological, historical, system and comparative methods to study the influence of criminal legislation and law enforcement practice on the economic system of the Russian Federation. The authors conclude about the overabundance of state interference in market relations, about the frequent cases of criminal prosecution of economic agents in the context of disputes under civil law, about the necessity of a further decriminalization of some economic crimes and the widening of the sphere of application of the civil and administrative law in business. 

DOI: 10.7256/2409-7543.2016.4.19288

Abstract: The research subject of the study is formation, development and legal regulation of intelligence community in France. The chronological framework of the study covers the historical period from 1994 to the present time. The first independent counterintelligence service in France was established in the last year of World War II, thus laying the foundation of the future intelligence community. During the period under consideration, various changes had happened to the internal policy of France and the international situation. Internal and external factors influenced the organization and activities of France’s intelligence community and the condition of national security. The research methodology of the study is based on the dialectical method, concrete historical approach, system analysis, formal legal and comparative legal methods. The scientific novelty of the study consists in the consideration of the transformations of the national security system of France from 1944 to the present day. The transition from the Fourth to the Fifth Republic had significantly changed the role of public authorities in the sphere of security provision. The reforms of the national security system of France which had taken place during 2007-2009, were based on the experience of American intelligence community. France’s counterintelligence agencies and political investigation service reforming was accompanied by the reduction of human, financial and technical resources. The author of the study concludes that these reforms, coupled with unfavorable external factors, had led to internal security weakening and serious drawbacks in combating terrorism. 

DOI: 10.7256/2409-7543.2016.4.19860

Abstract: The article studies the objects of legal protection of the Federal Law “On Combating Terrorism” in the context of the “security objects” category with account for the specificity and the nature of the subject of administrative, civil and criminal law and forensic psychology. In order to ensure the internal consistency of the law and the correlation of its provisions with the Combating Terrorism Concept, the National Security Strategy and the federal law “On Security”, the author substantiates suggestions and recommendations aimed at the improvement of articles 3, 11, 17 of the federal law “On Combating Terrorism”. The research methods include modeling, analysis, synthesis, the system-structural, formal-logical, theoretical and prognostic and special method of jurisprudence and interpretation of law. The scientific novelty of the study consists in the specification of conceptual and category framework, improvement of legal constructions of the law and harmonization of the elements of legislation in the sphere of combating terrorism. The results of the study can be used by the authorized subjects responsible for legislation enforcement. 

DOI: 10.7256/2409-7543.2016.4.19958

Abstract: The research subject is the US and NATO strategy of increase of military pressure on Russia using the containment based on the combination of nuclear-missile, anti-missile and conventional weapons. The most important component of the containment strategy is the use of subversive measures of color revolutions and hybrid warfare. The author emphasizes that, in the context of the adaptive use of force, the escalation from nonviolent to military forms of struggle becomes possible due to the indistinctness of borderlines between hybrid and conventional warfare and the absence of clear criteria of definition of fundamental characteristics of these conflicts during transformation. The research methodology is based on the system, structural-functional, comparative political and military approaches, the methods of analysis, synthesis, induction and deduction. The author demonstrates the logic of formation of interrelated strategies in the form of a linkage including color revolution – hybrid warfare – conventional warfare. The author warns that military and political developments of a hybrid war can spin out of control, accidently or out of malice, thus leading to the transformation of a local conflict into a large scale military conflict with a prospect of growing into a global one. The author notes a high degree of inconsistency of the evaluations of hybrid warfare as a possible catalyst of modern large scale conflicts by scholars, military experts and politicians. It promotes the atmosphere of uncertainty in relation to the issues, crucial for the national and international security; it can lead to the misunderstanding and the wrong interpretation of the purposes of the sides of the conflict and the loss of control over the events. The author suggests to unite the specialists’ efforts aimed at the development of theoretical grounds of the new type wars, including terminology, classification, criteria of conflicts, definition of the role of military and nonviolent measures, etc. The efforts should be concentrated, probably, by means of the creation of the Centre for Modern Conflicts Research under UN auspices. 

DOI: 10.7256/2409-7543.2016.4.20199

Abstract: The author considers the approach which helps allocate the possible influences to the information and telecommunication network protocols. The author takes into account the severity of influence and the vulnerability of each information and telecommunication network protocol. The study is based on the data, obtained during experts questioning, which help acquire expert estimates of influences allocation. The procedure is aimed at forecasting the allocation of influences on the information and telecommunication network protocols with account for their role in the information exchange within the information and telecommunication network and the sequence of influence on them. Consequently, it’ll help acquire the initial data to protect the information and telecommunication network and its elements. The basic research method is the hierarchy analysis method. The procedure is based on the definition of the protocol influences danger level for the information and telecommunication network protocols. This definition is based on the physical grounds of certain influences, their peculiarities and mode according to the levels and protocols of the information and telecommunication network. The method can result in the form of protocol influences distribution between the levels and protocols of the information and telecommunication network and the sequence of influence on them.  

DOI: 10.7256/2409-7543.2016.4.19510

Abstract: The notion of “hybrid war / threat” is used quite frequently nowadays, but different authors use it in different senses and meanings. We consider this concept as unstable and not amenable to detailed classification, but it is theoretically attractive because it can contain a large number of meanings. In the context of a significant degree of regulation of the military science in the USA, such an abstract concept is some kind of a “lifeline” for authors wishing to avoid detailed classification. We should say that the concept of “hybrid war / threat” is yet another “intellectual virus” (term of Gadi Eizenkot, Chief of General Staff of the Israel Defense Forces), elaborated on the basis of the military experience of the Second Lebanon war (Israel – Hezbollah war of 2006). This statement can also be confirmed by the curious use of this concept by some authors, who are far from a military theoretical thought. We think it is necessary to draw our attention to the authors who don't not use the misleading terms like the notorious “hybrid war”. We also think that all possible combinations of all modern methods of warfare and confrontation could be described without such a new-fashioned and vague term.