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MAIN PAGE > Journal "Security Issues" > Contents of Issue № 04/2020
Contents of Issue № 04/2020
Legal support of national security
Larina L.Y. - Comparative analysis of criminal legislation of some European countries and Russia in the area of transportation safety pp. 1-16

DOI:
10.25136/2409-7543.2020.4.34100

Abstract: The subject of this research is the current criminal legislation of a number of European countries and Russia in the area of ensuring transportation safety. Analysis is conducted on legislation of the countries with different legal systems (France, Germany, United Kingdom, and Poland). Special attention is given to the norms that determine the elements of specific offenses. The article also analyzes the penalties that can perform a function of ensuring transportation safety. The author draws parallels between foreign and Russian criminal legislation, outlines their strengths and weaknesses. Due to the rapid development of unmanned vehicles, foreign legislation is examined from the perspective of responsibility for harm inflicted by their usage. The author formulates a number of theoretical conclusions along with practical recommendations targeted at improvement of national criminal legislation. It was established that criminal legislation of the countries under consideration contains the norms aimed at ensuring transportation safety, which relate simultaneously to the description of specific offences and penalties thereof. In many countries, the elements of such offences are differentiated in accordance to various legislative acts. In foreign countries, the elements of offences related to damage or demolition of vehicles or other objects of transport infrastructure are formulated as formal, i.e. they do address any consequences as a mandatory element. Stationary platforms, which play an important role in transport infrastructure, serve as the subject of infringement on transport infrastructure objects. It is underlined that the indicated European countries establish stricter responsibility for the alcohol-related transport crimes than the Russian legislation. There are no special criminal legal norms applicable to unmanned vehicles in the considered legislation.
Doctrine
Putintsev A.V. - Law on national security: institution, branch, legal regime? pp. 17-27

DOI:
10.25136/2409-7543.2020.4.33827

Abstract:  The subject of this article is the ontological status of the body of legal norms regulating social relations in the area of national security, set in the international legal acts, acts of strategic planning, federal and regional laws and bylaws of different levels. The author carries out a methodological analysis of scientific publications in the field of the general theory of law, scrutinizes the methodological categories of “legal Institution”, “branch of law”, “legal regime”, uses systematic interpretation, as well as applies formal-legal and logical analysis of the provisions of normative legal acts that regulate social relations in the area of national security. The author determines a vast number of normative legal acts related to national security. The analysis of scientific literature allowed revealing the problematic status of norms contained in the aforementioned acts, along with the idea of scholars that they comprise the institution or branch of law. An opinion is advanced that this discussion is substantiated by seeking grounds for systematization of the body of legal norms that regulate social relations in the area of national security. The conclusion is made on the objective difficulties of such systematization. It is underlined that substantiation of systematicity of legal norms depends on subjective and objective criteria; although currently, the body of norms on national security does not comply with any of them. Two author suggests two solutions to alleviate the urgency of the problem: pluralistic approach, and reference to the category of “legal regime”. Considering the dualistic static-dynamic interpretation, the methodological advantages of the latter are justified. 
Person and citizen within security systems
Sekste Y.A., Markevich A.S. - Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect pp. 28-35

DOI:
10.25136/2409-7543.2020.4.33798

Abstract: The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.
External threats and countermeasures
Simavoryan S.Z., Simonyan A.R., Popov G.A., Ulitina E.I. - Analysis of possible adaptation of the general pattern of immune system within the systems for preventing intrusions pp. 36-46

DOI:
10.25136/2409-7543.2020.4.33736

Abstract: The subject of this research is the analysis of possible implementation of the mechanisms of functionality of human immune system applicable to information security systems in automated data processing systems. The objects of this research are the human immune system, information security systems, and automated data processing systems. The research is conducted on the basis of achievements of systemic-conceptual approach towards information protection in automated data processing systems, developed within the framework of the project sponsored by the Russian Foundation for Basic Research No. 19-01-00383 on creation of intelligent information protection systems based on the neural network intrusion detection systems and  the mechanisms of artificial immune systems. The article reviews similarity and difference between human immune system and information security systems. Special attention is given to identification of peculiarities of functionality of the mechanisms on detection of harmful intrusions into these systems respectively. Methodological research on the topic are carried out using the achievements in the area of creation of neural network intrusion detection system, built on the basis of artificial immune mechanisms that function similar to human immune system. The main result consists in the conclusion that adaptive information security systems containing the means and mechanisms of protection and built by analogy with the human immune system, may provide successful and effective protection of information in automated data processing systems. The specificity and importance of this conclusion is substantiated by the fact that it can be implemented despite the absence of full analogy between human immune system and information security system; moreover, multiple mechanism of protection implemented in human immune system are absent in the information security system, or the other way around.
Strategy of national security
Kuzmenko A.O. - Impact of the activity of federal executive branches on ensuring national security of Russia in the Arctic Region pp. 47-60

DOI:
10.25136/2409-7543.2020.4.34020

Abstract: The subject of this research is national interests of the Russian Federation in the Arctic region. Russia's national interests in the Arctic are versatile and quite complex, representing an intersection of the spheres of national interests of Russia as a whole and such particular vectors as the World Ocean, economic sphere, border zone, etc. They are delineated with different degree of specification in a range of normative legal and other documents. Systematization of national interests, factors and threats in the Arctic zone, as well as understanding of their interrelation is an important step in ensuring national security of Russia in the Arctic Region. The analysis of normative legal acts allows systematizing the factors influencing the activity of federal executive branches in the Arctic, as well as outlining the threats to national security of Russia in the Arctic Region. The author analyzes correlation between the factors and threats to Russia's national interests and the vectors of activity of the federal executive branches on their neutralization. Such approach towards interdependence of factors, interests, and vectors of activity is of comprehensive, which discerns it from other existing approaches. The parallel is drawn between the indicated correlation and the dual layer neural network. The author assesses the feasibility of the proposed original approach for estimating the impact of activity of the federal executive branches on ensuring national interests, and offers relevant recommendations.
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