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MAIN PAGE > Journal "National Security" > Contents of Issue ¹ 04/2020
Contents of Issue ¹ 04/2020
Question at hand
Kinsburskaya V.A. - FATF requirements on regulation of cryptocurrencies: problems of implementation into national legislation pp. 1-19

DOI:
10.7256/2454-0668.2020.4.33856

Abstract: The object of this research is the international standards AML/CFT (Anti-Money Laundering/Combating the Financing of Terrorism) for the sphere of virtual assets (cryptocurrencies) developed by FATF (Financial Action Task Force), and possibilities of their effective implementation into the national legislation. The author examines new revision of the Recommendation 15 and Glossary (of October 2018), explanatory note to new revision of the Recommendation 15, and implementation guidance of the risk-oriented approach towards virtual assets and service providers in the sphere of virtual assets (of June 2019); considers provisions of the Federal Law of July 31, 2020 No.259-FZ “On Digital Financial Assets, Digital Currency, and Amendments to Certain Legislative Acts of the Russian Federation” becoming effective in January 2021. Based on the analysis of most recent international and Russian acts on the questions of legal regulation of cryptocurrencies turnover, the need is underlined for introducing amendments to the Russian legislation with regards to exercising financial monitoring of transactions with cryptocurrencies in Russia. The author indicates certain fundamental aspects related to collection and validation of personally identifying information on the holders of cryptocurrency and tracing of their transactions.
Dubovik O.L. - Criminal offences against public security: a comparative analysis of Russian and Polish criminal codes pp. 20-27

DOI:
10.7256/2454-0668.2020.4.29079

Abstract: The problem of ensuring public security is recognized by society and the state as an increasingly important, which is discussed by not only politicians and lawyers, but also political scientists, philosophers, and religious figures. Terrorism, taking of hostages, piracy, mass disturbances, extremism, racism and religious persecution have turned into a bitter daily occurrence. Russian and foreign criminal legislation establishes responsibility for such criminal offences. Despite the adopted conventions, the development of common positions on the prevention of crimes against public security, as well as criminal law regulations substantially differ from country to country. In pursuance of unification of criminal legislation on combating terrorism, extremism and other assaults on public security, as well as efforts taken in this regard, the author observes both, shared goals and aspirations, as well as substantial differences thereof. From this perspective, the differences and similarities of criminal law institution (community), which establishes responsibility for offences against public security in the criminal codes of Russia and Poland, are evident. Such comparative analysis would be applicable in comprising Russian and foreign experience overall, but taking into account the historical, cultural, political, geographical and other indicators, it seems reasonable to use the regulation of the corresponding criminal law prohibitions in the two indicated countries.
Economical support of national security
Samoilova L.K. - Borderline states of economy of the territory: “fine edge” or “void” in between security and danger pp. 28-42

DOI:
10.7256/2454-0668.2020.4.34004

Abstract: Based on the analysis of provisions of economic science, this article characterizes the state of national economy from the perspective of protectability from negative activities of various origin. In most works the emphasis is placed on its diametrically opposite states – secure and dangerous; but there are also borderline states of conditionally secure and pseudo-secure, which do not receive due attention in the scientific publications. In this regard, the goal is to eliminate the terminological gap that exists in economic science, substantiated by the absence of approaches towards demarcation of these states, by decomposing the definition of “economic pseudo-security”. The result of the conducted research consists in explication of the term “economic pseudo-security” based on specification of attributive features as pseudo-dynamism, pseudo-sustainability, and pseudo-protectability. The inner content of each of the aforementioned criteria is described through their distinctive features. These acquired results are aimed at broadening of theoretical provisions of economic science and systematization of knowledge on the economic security. Usage of separate parameters of pseudo-security would allow the subject of protection, i. e. the state, promptly responding to alternation of the course of socioeconomic processes on macro- and micro-levels in order to prevent the development of borderline states of national economy and their possible later transition into the dangerous.  
Strategy of national security
Siiukhova A., Ovsyannikova T.A. - Mass deprivation of freedom in the conditions of new global crises of a sanitary-epidemiological nature and sociocultural factors for its effective counteraction pp. 43-55

DOI:
10.7256/2454-0668.2020.4.33548

Abstract:   The subject of this research is the deprivation of freedom as a phenomenon on the current context of global and regional communities. The relevance is substantiated by the new challenges faced by humanity as a result of pandemic of a new life-threatening disease. The article provides a brief overview of the socio-philosophical concepts of the concept of freedom, as well as reveals historical peculiarities of interrelation between a person and freedom. Based on the analysis of existing concepts, the authors formulate an understanding of the essence of freedom as quality of a person or a larger structural element of the society associated with capability of the social subject to fulfill their willed intentions in different spheres of life. Deprivation of this quality limits a person or community in their actions and relations, which implies deprivation of freedom. The scientific novelty consists in the statement that conceptualization of the phenomenon of deprivation of freedom expands its boundaries, falls beyond the scope of the theory of social exclusion for particular population categories (criminals, prisoners of war, etc.), and may impact the entire society as a result of new bacteriological and sanitary-epidemiological threats. Leaning on the institutional approach, the author concludes that the state should have excessive resources to counter mass threats. The officially recognized institutions of national security (army, police, ministry of emergency situations) should be complemented with such institutional structures as medicine, science and education, which should also have excessive resources, regardless of the direct economic profit.  
System and interaction
Mammadov T. - Attraction of foreign direct investment into the economy of CIS countries in the conditions of regional integration pp. 56-65

DOI:
10.7256/2454-0668.2020.4.33980

Abstract: The goal of this article consists in the analysis of investment relations between CIS countries at the current stage, and as well as in development of proposals aimed at attraction of direct foreign investment into economy of the union in the conditions of regional integration. The article examines the peculiarities of investment process in CIS. The author outlines the common factors that delimit the expansion of economic integration within the union. The research is based on the scientific articles, databases of international organizations, analytical materials of CIS partner countries. Methodology includes such approaches as scientific abstraction, logical generalization, economic-statistical and factor analysis, clustering method, and circumstantiation. The essence of direct investment is revealed. The author suggests the original classification of foreign direct investment from the perspective of their role in the modern global economy. The role of direct investment in the development of CIS partner countries is described. The conclusion is made on the key development trends of investment relations in CIS countries. The article substantiates the need to develop agencies for attracting foreign direct investment, establish shared centers in the area of public-private partnership, as well as create joint sovereign funds and enterprises in high-tech sectors of the national economy. It is proposed to form a single specialized center for coordinating monetary policy of CIS member-states.
Legal support of national security
Volkova M.A. - Anti-corruption remedies within the system of corruption prevention in the sphere of state (municipal) procurement pp. 66-80

DOI:
10.7256/2454-0668.2020.4.33833

Abstract:   The subject of this research is the norms of international and Russian legislation on the state (municipal) procurement, countering corruption, as well as scientific works dedicated to corruption prevention and anti-corruption remedies. The goal consists on examination of fundamentals of application of anti-corruption measures in the sphere of state (municipal) procurement. Analysis is conducted on the existing within scientific literature approaches towards development of anti-corruption remedies, as well as on theoretical grounds of criminological theory of security measures. Characteristics is given to anti-corruption measures in the sphere of state (municipal) procurement. The scientific novelty consists in examination of the characteristics of anti-corruption measures in the sphere of state (municipal) procurement, which have not previously been the subject of research. The author analyzes the theoretical framework for application of security measures overall and anti-corruption measures in particular; as well as the goals, content, subjects and classifications of anti-corruption measures in the sphere of state (municipal) procurement. Examples of such measures established in current anti-corruption legislation with regards to state (municipal) procurement are provided. The conclusion is formulates that anti-corruption measures within the system of corruption prevention in the indicated sphere require further research. Therefore, it seems reasonable to advance criminological theory of security measures and anti-corruption remedies. Moreover, systematization of knowledge on such measures is essential for future improvement of lawmaking and law enforcement activities in the sphere of state (municipal) procurement.  
Humanitarian support of national security
Rabkin S.V. - New institutional challenges to the educational space: security as a criterion for development in the conditions of digitalization pp. 81-93

DOI:
10.7256/2454-0668.2020.4.33750

Abstract: The subject of this research is the institutional transformations of educational space associated with the global processes of digitalization of social relations, as well as internal factors in cooperation between society and the state with regards to determination of the criteria of security for their development. Using the general methodology of institutional analysis, methods of analogy and summary, as well as interdisciplinary approach towards studying the educational space, the author considers the questions of implementation of digital education technologies under the conditions of current sociocultural transformations. Special attention is turned to the balance between rational and immaterial factors that affect the formation of modern educational space, and thereby, specification of the new institutional challenges to the security of social development. The conducted analysis of the problems of implementation of such technologies in the system of higher education leads to the conclusion on the need for assessing the effectiveness of implementation of digital technologies in accordance with the institutional criteria that imply not only the impact of both, rational and immaterial factors of social development. The institutional nature of these factors is insufficiently studied, however determines the possibility of application of cognitive models in solution of the tasks aimed at ensuring national security in the conditions of digitalization of sociocultural processes. Therefore, the crucial institutional criterion that defines the effectiveness of implementation of digital technologies in the educational space consists in its security in all regards. The proposed institutional-criteria approach allows the state and society to focus on ensuring security of the educational space in the context of solution of relevant tasks of ensuring national security of the Russian Federation.
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