National Security - rubric Legal support of national security

Abstract: The need for improvement of the Russian legislation, which includes new norms, principles and procedures, aimed on bringing order into the power industry for the purposes of ensuring security, social and economic development of our state, appeared at the same time with the positive changes in competitiveness in the sphere of power industry. The lack of legal order, in the power industry is a prerequisite for social conflicts, growth of crime and violations of constitutional rights of people. In such conditions the Russian state should take measures in order to provide guarantees for the power industry security, based on the norms and principles of the Constitution of the Russian Federation. Keywords: jurisprudence, legislation, guarantees, power industry, security, calculation, mechanism, policy, threats, society

Abstract: Transport is a great source of environment pollution and it has negative influence on the air, water and forest. At the same time the tempo of using of nature’s resources is beyond the natural tempo of their restoration, growth of number of offences, lack of efficiency of use of nature, technical inconsistency between the production infrastructure and the protection of environment are the key problems. Protection of transportation lands is quite important, and the implementation of such norms should be under strict control with due administrative and criminal responsibility. Keywords: jurisprudence, national, protection, ecology, land, transport, negative, influence, harm, pollution

Abstract: Based on specific features of transnational organized crime one can say that the state is not able to fight organized criminal formations if acting alone. Since modern crime is a global problem, its solution should be also searched for in the international realm. Which, in turn, calls for international cooperation in the sphere of transnational organized crime. Keywords: jurisprudence, security, transnational, crime, formation, cooperation, prevention, state, convention, agreement

Abstract: The article studies the terms ‘national security’ and ‘public security’ and the problem of their relation. The authors analyze and summarize the opinions of a number of scientists on this matter. They also suggest their own point of view that public security is one of the most important elements of national security and the system of ensuring public security in the Russian Federation is inseparable from the Russian national system of ensuring national security. The authors also conclude that such basic terms as ‘national security’, ‘public security’ and ‘personal security’ are still need a clearer definition in Russian legislation. In this respect, they make their own suggestions on how to improve the existing legislation regarding this matter

Keywords: studies of law, security, national, public, state, personal, relation, ensuring, threat, danger

Abstract: The article is devoted to the current stage of international legal formation of the state border of the Russian Federation, including the analysis of the most problematic parts of it. Much attention is devoted to the international treaty practice, which is key to implementation of border policy of a state. The author gives positive evaluation to cooperation of the Russian Federation with the bordering states in order to improve international legal formation of state border.

Keywords: jurisprudence, territory, international legal formation, bordering, state border, protection and guarding, threat, national security, border territory, border sphere

Abstract: The article is devoted to some aspects of protection of state border of the Russian Federation. The author shows the conditions for ensuring national security of the Russian Federation.

Keywords: jurisprudence, state security, national security, border security, constitutional order, efficient measures, borderology, international legal, regional threats, ensuring security

Abstract: The article reflects topical issues of legal guarantees of national migration policy of Russia in the sphere of prevention and avoidance of offences of national security and security of society. The author clearly establishes legislative basis within the framework of existing policy, which allows to evaluate the limiting factor, which supports national security and security of the society in a state.

Keywords: political science, migration, prevention, social security, legislative draft, Federal Law, Constitution of the Russian Federation, demography, dynamics of the processes, tolerance

Abstract: Tax crime is one of the key threats to economical security of Russia. When the tax payments do not come to the budget, there’s a threat to efficient implementation of socially important functions by the state, since these payments are aimed to finance these functions. That is why it is so important to fight tax crimes efficiently, to establish and destroy the key determining factors of tax crimes. This is the subject of this article.

Keywords: jurisprudence, crime, taxpayers, security, state, determining, mechanisms, factors, legislation

Abstract: On February 6, 2010 the Government of the Russian Federation accepted a new Instruction on access of officials and citizens of the Russian Federation to state secret. A number of novelties calls for a changed approach for access issues. The author provides comparative analysis of existing and former Instructions.

Keywords: jurisprudence, state, secret, access, order, bases, instruction, secrecy, analysis, changes

Abstract: The article includes analysis of role of system of cadastre of immovable property for protection of positive environmental conditions, based on the presumption of ecological danger. The author provides examples of shortcoming of the system of cadastre of land plots, territorial zones, specialized zones, which may negatively influence the environment. Then she establishes the need for ecological character of norms on land cadastre in order to secure ecological security.

Keywords: jurisprudence, security, presumptions, cadastre, concept, ecology, zones, threat, reserve

Abstract: Pre-trial and judicial protection of human rights and freedoms is an efficient means for the restoration of violated rights by the state, as embodied by its bodies and services – Departments of Federal Service on Control in the Sphere of Consumer Protection and Human Well-Being in the constituent subjects of the Russian Federation.

Keywords: jurisprudence, security, Constitution, law, person, rights, protection, state, social and economic relations, state regulation

Abstract: One of the key goals of the state in the sphere of ensuring economic security is fi ghting tax crime. Such an effi ciency may be achieved fi rst of all by improvement of legislative guarantees of fi ghting tax crime, and this is an object of study in this article.

Keywords: jurisprudence, taxes, levies, security, evasion, suppression, disposition, improvement, crime, norms.

Abstract: The article includes analysis of turnover of packaging and packaging materials in the EU, and the situation with normative and legal guarantees in this sphere in Russia. Then the author expresses the key matters, which have to be taken into account, when forming the law “On Packaging and Packaging Materials”.

Keywords: jurisprudence, waste, packaging, packaging materials, legislation, directive, international law, harmonization, utilization system, separate collection.

DOI: 10.7256/2454-0668.2022.5.38529

Abstract: Currently, the Russian jurisdiction is endowed with such unattractive features for economic entities as excessive criminalization of offenses that do not pose a public danger, accusatory bias and opportunism of domestic justice. These defects of the punitive system make the development of the system of crime prevention relevant. In the punitive system, the role of the repression is dominant, while in the system of crime prevention it occupies a leading place. The relevance of the study is due to the fact that for further economic growth it is necessary not so much to punish "white-collar" crime, as to prevent it by means of limiting the list of criminally punishable acts in the field of intellectual professional activity and the use of preventive measures. According to the authors, the state policy in the field of professional offenses should change from punitive to preventive. In this regard, it is necessary: 1) decriminalize the minor "white-collar" crimes of minor gravity, highlighting these offenses in a separate chapter of the new Administrative Code of the Russian Federation, and in case of repeated commission of these offenses to bring the offender to criminal responsibility; 2) to spread the practice of using preventive measures in the activities of law enforcement units carrying out operational investigative activities; 3) to introduce departmental indicators of the work of the units of the bodies internal affairs carrying out operational and investigative activities for prevented offenses and unfinished crimes. These measures will prevent a personnel shortage in the field of highly intelligent professions in the context of the introduction of Western sanctions against Russia and will strengthen the economic security of the Fatherland.

Keywords: attractiveness of the Russian jurisdiction, the intended offense, white - collar crime, entropic crime, warning, prevention, admonishment, operational and investigative activities, national security, decriminalization

DOI: 10.7256/2454-0668.2023.3.40444

Abstract: The article deals with the study of methodological problems of increasing the effectiveness of legislative regulation of Russian society and the state socio-economic development processes in the face of severe sanctions pressure from Western countries led by the United States. A complex of problems of improving the quality of law-making processes is considered. To assess the effectiveness of legal norms, it is proposed to use criteria and mechanisms for evaluating their efficiency, reflecting the degree of the goals set achievement in the process of their development, taking into account the costs and expended resources of various types. To solve the problems of advanced assessment of the developed legal norms effectiveness, it is proposed to use the scenario analysis methodology, which provides the possibility of information support and assessment of the quality of regulatory and legal decisions development and implementation within the framework of lawmaking processes. The approach proposed for solving the problems under consideration is based on the development and study of simulation models that allow analyzing a wide class of processes and phenomena in the legal, socio-political and socio-economic spheres. The results obtained in the course of the study allow to conclude that it is expedient to introduce the scenario-forecasting expertise procedures into the practice of drafting legislative acts, their analysis and efficiency evaluation (including the assessment of the effectiveness of law enforcement practice), which will complement the set of currently used procedures for the comprehensive examination of draft laws (legal, juridical-technical, criminological, anti-corruption, linguistic, etc.).

Keywords: scenario-forecast expertise, simulation, scenario analysis, uncertainty, lawmaking, law enforcement, efficiency assessment, socio-economic system, legal regulation, monitoring

DOI: 10.7256/2454-0668.2023.6.69139

Abstract: The relevance of the study is due to the unprecedented increase in the flow of forced migrants in Russia, which creates an increased burden on the social and law enforcement systems of the state, requires the mobilization of significant resources to successfully solve the problems and optimize existing public administration schemes, the formation of a qualitatively new system of administrative and legal regulation of forced migration. The methodology of the work is determined by the specifics of the issues under consideration. The work used methods of analysis, synthesis, statistical method, deduction and induction, formal legal analysis. The main conclusions of the study are related to the identification of the insufficient level of functional and organizational readiness of the system of public administration of migration for the emergency mass arrival of forced migrants on the territory of Russia, which is expressed in the absence of ready-made administration schemes in the conditions of emergency mass arrival of forced migrants, situational administration based on by-law regulation, lack of effective mechanisms for social adaptation and integration of forced migrants. These circumstances violate the integrity and consistency of public administration in this area and provoke desynchronization of public administration due to the lack of a coordinating body in the field of forced migration. The novelty of the study lies in the consistent analysis of the processes of administration of forced migration in the regimes of normal administration and in the administration regime in conditions of emergency mass arrival of forced migrants to the territory of Russia. The features of situational subordinate legal regulation have been studied and systemic problems in current administrative and legal approaches in the field of forced migration have been identified.

Keywords: situational administration, migration, administrative procedures, refugee, emergency administration mode, economic adaptation, forced migrant, social adaptation, public administration, illegal migration

DOI: 10.7256/2454-0668.2020.6.34670

Abstract: The object of this research is the public relations with regards to processing of information in the Unified Federal Information Register Containing Data on the Population of the Russian Federation n. Besides the Federal Law “On the Unified Federal Information Register Containing Data on the Population of the Russian Federation”, the subject of this research is legislation in the area of personal data and legislation on the critical information infrastructure. Based on the main formal and substantive aspects, the author defines the indicated register as a variety of register-based information; substantiates the relevance of application of the principles of framework regulation of information law in the context of creating the register; raises the question on the need to recognize the information system that processes data contained in the register as a valuable object of critical information infrastructure. The novelty of this research consists in the fact that this article is one of the first works dedicated to provision of legal security of the Unified Federal Information Register Containing Data on the Population of the Russian Federation. The following conclusions and proposals on improvement of legislation are formulated: 1) The principles of legal regulation established by legislation with regards to information as the object of legal regulation should be applied to the created register; any unauthorized actions with a separate register entry should be viewed as violation of integrity of the entire object. 2) Due to critical importance of the data contained in the register, it is essential to set confidentiality restrictions, and recognize the federal nformation system that processes data contained in the register as a valuable object of critical information infrastructure. 3) In the text of the Law “On the Unified Federal Information Register Containing Data on the Population of the Russian Federation”, it is necessary to specify the responsibilities of operator of the federal information system who maintains the federal register and compliance with the requirements of legislation on the security of critical information infrastructure. It is also necessary to clarify the provisions of the Decree of the Government of the Russian Federation that establishes a list of criteria of importance of the objects of critical information infrastructure of the Russian Federation and their value.

Keywords: information system operator, registry information, register, critical information infrastructure, personal data, state information system, protection of information, information law, information legislation, privacy mode

DOI: 10.7256/2454-0668.2018.3.26461

Abstract: The subject of this research is the legislative regulations of the Russian Federation on education, anti-corruption management, bylaws and departmental normative legal acts, as well as the local normative acts of educational organizations that enshrine the anti-corruption security measures. The article carefully examines the role and place of anti-corruption security measures within the corruption prevention system. The author demarcates the security measures and other preventative measures (social preventative measures, compensation measures, and responsibility measures). Particular attention is given to classification of the anti-corruption security measures in the sphere of education. The conducted research allows determining the characteristic features of security measures in educational sphere, as well as formulate their definition. An important methodological importance for ensuring the systemic approach within the framework of corruption prevention in the sphere of education consists in allocation of the security rules and security sanctions in the content of security measures in the sphere of education. Unlike the responsibility sanctions (punishment), the implementation of security sanctions in educational sphere does not require the determination of all constituent elements of the corruption-related offence (legal infraction). The ground for implementation of anti-corruption security sanctions in the sphere of education is the occurrence of legal fact stated in the security rules. The anti-corruption security rules in the sphere of education encapsulate the anti-corruption responsibilities, prohibitions and limitations established with regards to the employees of educational sphere.

Keywords: standards of conduct, security sanction, security rules, security measures, crime prevention, corruption, duties, prohibitions, restrictions, education

DOI: 10.7256/2454-0668.2020.2.32653

Abstract: The subject of this research is the system of legal norms of the Russian Federation that regulates public relations within the process of restriction of the constitutionally recognized information rights and liberties of a human and citizen, as well as establishment of the boundaries of their realization in the current conditions of development of the information society and digitalization. The goal of this work is to develop theoretical foundations for information law through demarcation of boundaries and restrictions of the information rights and liberties, which would also contribute to improvement of information legislation and the practice of its application. The scientific novelty of research is reflected in the acquisition of scientific knowledge required for development of legal regulation of the information sphere in the conditions of digitalization, among which are the original definition of the concepts “boundaries of exercising rights in the information sphere” and “restrictions of information rights and liberties”, obtained based on the conducted analysis of the forming public relations within information sphere and their legal regulation. The following conclusions were made: 1) there is absence of research on the issues of boundaries of rights, including boundaries in information law; 2) there is a need for determination of boundaries of exercising right in the information sphere and restriction of information rights and liberties in implementation of legal regulation, as well as consideration of the legal nature of technical norms in their inclusion into a normative legal act.

Keywords: illegal information, information of limited access, restrictions on rights, limits of legal regulation, limits of the exercise of law, limits of law, information law, information, digital technologies, technical legislation

DOI: 10.7256/2454-0668.2013.3.8394

DOI: 10.7256/2454-0668.2013.3.8348

DOI: 10.7256/2454-0668.2014.1.9709

DOI: 10.7256/2454-0668.2014.1.63891

Abstract: In the current conditions use of various forms and methods of complex planning in the sphere of fighting crime, including crime prevention, is one of the most important spheres in the improvement of activities of prosecution and other law enforcement bodies in the sphere of guarantees of security and legal order, allowing them to have direct influence on the formation and implementation of coordinated social, economic, organizational, legal, etc. measures applied in order to form and regulate positive processes in the society, to prevent crime and facilitate its prevention. It should be noted that this topic is set for the research purposes, while the efficiency analysis of crime prevention system is always topical. It is noted that one of the main directions for the improvement of the legal fundamentals for the functioning of state government bodies in the relevant sphere is dealing with the gaps in the federal legislation. The said activity also allows to improve coordination of actions among ht subjects of preventive activities at various levels, influencing its overall efficiency. The article concerns topical issues of legislative contradictions in this sphere, and proposal are made for terminating contradictions. The article may be of use for the law-enforcement bodies staff, postgraduate students, students, and all those interested in crime prevention in the Russian Federation.

Keywords: legislation analysis, security of citizens, crime prevention, regional legislation, federal legislation, legislation improvement, regional prophylactic systems, special preventive measures, prevention programming, complex planning

DOI: 10.7256/2454-0668.2022.4.37232

Abstract: The article deals with the issues of both criminal and legal assessment of illegal activities related to the phenomenon of "webcam" and individual problems of identifying and documenting crimes in this sphere. The problems of qualification of criminal activity arising in the course of countering offenses related to this phenomenon are revealed. The peculiarities of conducting operational investigative measures aimed at uncovering the illegal activities of webcam studios (production and trafficking of pornographic materials, child pornography), and a special cluster of relations between subjects within the framework of modern Russian legislation are noted. The author pays special attention to the methodological training of law enforcement officers of the Russian Federation, as well as regular and effective interaction with the information systems of the national central bureaus of the International Criminal Police (Interpol). The novelty of the research lies in the fact that crimes arising in the sphere of limited regulation of the global Internet are a new trend in the transformation of the criminal world. The inability of the legislator and the law enforcement officer to predict the appearance and development of individual phenomena allowed the attackers to successfully build a "gray" webcam business industry. The phenomenon of "webcam" is a logical continuation of the development of public relations related to prostitution, the spread of pornography and sexual exploitation. The legalization of the webcam industry will create an ambiguous situation in which offenders will be able to disguise criminal activity as legitimate, which determines the relevance of the theoretical validity and practical implementation of effective regulatory tools for the activity in question. The improvement of the working methods of units engaged in operational investigative activities is a determining factor for solving the task. Based on the actual methods of committing crimes, the scientific work considers the features of documenting and qualifying the facts of illegal activity related to the phenomenon of Webcam.

Keywords: webcam studio, broadcast, Internet, operational and investigative activities, qualification, information technology, criminal law, webcam, crime, pornography

DOI: 10.7256/2454-0668.2023.6.69099

Abstract: The subject of the study is the analysis of the dynamics of social security legislation in modern Russia, the development and reliability of which directly affects the internal stability and national security in the country. The author examines in detail the issue of increasing the role of the subjects of the Russian Federation in the social security of citizens on the example of recent events that have affected social stability within the country, such as the coronavirus infection and the conduct of a special military operation. The choice of subjects to whom social security is directed depends not only on subjective factors (low-income, disability, marital status, many children), but also on the geopolitical, economic situation and other factors. At the same time, the author assesses the trend of regionalization, given that social security is under the joint jurisdiction of the Russian Federation and its regions. The author has identified the tendency of regionalization of social security legislation, which has positive and negative sides, reflecting on the level of social security of citizens. The author concluded that there should not be extremes in the form of passive adaptation of the regions or, on the contrary, their exclusive initiative in the social security of citizens. The initiative and participation of the subjects of the Russia today are key, while we should not forget about subjective factors (the speed of managerial decision-making, the quality of work of the system of authorities of the regions, the presence of necessary structures/organizations in it), taking into account which it is necessary to build a system of productive interaction, where the state assumes the main role. It is this approach to the legal regulation of social security of citizens that can ensure social security and preserve stability and security within the country.

Keywords: social safety, social state, regional legislation, special military operation, coronavirus infection, social stability, ensuring national security, social policy, legal regulation, social security

DOI: 10.7256/2454-0668.2019.2.29342

Abstract: The subject of this research is the analysis of imperfection of the technical legal recognition of requisition institution in legislation of the Russian Federation regarding the questions of martial law and defense overall. The author defines the conflicts of legal regulation of requisition on such question of social life as: determining the size of reimbursement of requisitioned property to the owners; terms for repayment; and terms for evaluation of the requisitioned property. The work reveals the economic inefficiency of requisition for the state, which is burdened with maintenance, exploitation, storage, and utilization of the requisitioned property; need to prepare staff for appropriate use of the requisitioned property. In order to solve these issues, the government should sign a military administrative contract with the owners of the property it need for defense. The authors make following conclusions, which also comprise the scientific novelty of this research: 1) determined conflicts of legal regulation of executing requisition during martial law and defense of the state overall; 2) demonstrated the economic inefficiency of requisition with regards to private property; 3) proposed theoretical legal construct for the military administrative contract as an alternative for requisition, which allows avoiding conflicts of legal regulation, and represents a more economically productive option for the state owners.

Keywords: mixed contract, military-administrative contrac, protection of private property, economic ineffectiveness of requisition, conflicts of legal regulation, martial law, requisition, priority of conclusion, the benefit of individuals, the interest of the state

DOI: 10.7256/2454-0668.2017.5.23707

Abstract: The object of this research is the strategy standards for countering extremism in the Russian Federation. The subject of this research is the problematic for implementing the provisions of state policy in counteracting extremism, gaps of the actors that define the state policy in counteracting extremism. The article underlines the lack of the necessary for the realization of state policy of normative legal support. The author suggests possible directions in the work of actors that bring to life the provisions of the strategy of countering extremism in the Russian Federation, the activity within the framework of which will contribute to the solution of the indicated difficulties. The article analyzes the acting documents of strategic planning of the Russian Federation in accordance with which, are formulated the documents in the area of national security, including the strategy of counteracting extremism. The scientific novelty consists in a comprehensive analysis of the provisions of the strategy of counteracting extremism in the Russian Federation for its implementation and focuses on improving the efforts to combat extremism. The author notes the need for integrated activities of the actors that implement the provisions of the strategy for counteracting extremism, lack of the basic normative legal and organizational support of the work of authorized subjects in the designated area.

Keywords: tsubjects of combating extremism, countering extremism, strategy, forecasting, planning, extremism, public policy, realization, normative legal support, strategic planning

DOI: 10.7256/2454-0668.2019.1.28912

Abstract: This article is dedicated to the examination of political-legal institution of lobbying, as well as social danger of the corrupt lobbying. The object of this research is the social relations established in the area of interaction of the state and municipal authorities with the citizens, interest groups, and other social groups with regards to making or obstructing the lawmaking decisions. The subject of this research is the national doctrine and legislation. The author analyzes the various theoretical approaches towards comprehension of the political-legal phenomenon of lobbying; determines the main types of lobbying; suggests the definition of lobbying and corrupt lobbying. Special attention is given to examination of social danger of the corrupt lobbying, which in the author’s opinion, harms or poses a threat of harming, first and foremost, to social relations with regards to ensuring security and constitutional framework of the Russian Federation. Due to specificity and significance of social relations that are or may be subject to harm, an assumption is made on the need for creating the special composition of a crime for the corrupt lobbying of lawmaking decisions. The scientific novelty lies in the formulation of theoretical definition of the political-legal phenomenon of lobbying and corrupt lobbying of lawmaking decisions; as well as in the analysis of the character and level of social danger of the corrupt lobbying, need for adjustment of criminal legislation pertinent to creating the special composition of a crime against corruption lobbying.

Keywords: criminal liability, criminal policy, criminalization, public danger, corruption lobbying, lobbying, Сorruption, crime prevention, special crime, combating corruption

DOI: 10.7256/2454-0668.2018.4.27591

Abstract: The subject of this research is the criminological literature and legislation of the Russian Federation on counteracting corruption, bylaws, and departmental normative legal acts that contain regulations on corruption prevention. The article examines the approaches to determination of the role and place of corruption prevention within the national criminological doctrine and legislation, as well as studies the correlation of the concepts of “prevention”, “fight” and “counteraction” of corruption. Special attention is given to the general characteristic of the object, classification of subjects, and corruption prevention measures. The conducted research allowed revealing the features of corruption prevention and determining its place within the system of conceptual coordinates of counteracting corruption. Study of the approaches to understanding of prevention, as well as the peculiarities of this type of preventative activities in counteracting corruption, allowed enunciating the concept of corruption prevention. The author provides characteristics to the object, subjects and basic measures aimed at prevention of corruption crimes, as well as suggests their classification.

Keywords: corruption criminality, offense, criminality, combating, prophylaxy, prevention, counteraction, corruption, corruption crime, corruption offense

Abstract: This article includes political and legal peculiarities of the guarantees of national security in the light of implementation of the Art. 1-2 of the Law “On Security”, the author shows considerable legal and technical problems in the sphere of terminology and guarantees of security, the author draws conclusions and provides ideas for the improvement of the existing legislation in this sphere.

Keywords: jurisprudence, law “on security”, legal technique, security of state and law, terms and defi nitions, principles of formation of security, constitutional rights and freedoms, offers on improvement of existing legislation, state policy in the sphere of security guarantees.

DOI: 10.7256/2454-0668.2018.5.27621

Abstract: This article presents the original approach towards understanding the problem of optimization of the mechanism of ensuring national security in the Russian Federation. The authors demonstrate the main trends in optimization of the mechanism of ensuring national security of the Russian Federation that include the improvement of legislation (elimination of collisions, faults, gaps, etc.) and enactment of new laws, as well as increasing performance of the subjects of this mechanism, including through enhancing coordination and interaction between the corresponding authorities and entities. The article carries a theoretical-legal conceptual character and represents a comprehensive research aimed at establishment of common patterns of optimization of the mechanism of ensuring national security in accordance with the main vectors of such. The results of this work, reflected in certain legislative novels, can be applied in settling the issues related to legal support of national security of the Russian Federation at the current stage.

Keywords: system character, complex character, purpose, legal basis, legal tools, mechanism, legal mechanism, safety, main directions, safety control

DOI: 10.7256/2454-0668.2017.2.20336

Abstract: This article is dedicated to the search of possible criteria of the assessment of legislative acts projects for determination of factors, which application can conduce the formation and realization of threats to security of the Russian Federation. The work underlines that despite the scientific knowledge on the topic of expertise of the legislative acts projects, quality of the issued laws, and assessment of the regulatory effect, neither the scientific literature nor Russian legislation had formulated a question about the expertise of legislative acts on identification and prevention of the potential threats and other negative consequences of the regulatory impact of any legislative act upon the sphere of national security of the Russian Federation. Based on the analysis of strategic priorities and the corresponding risks and threats to security of the Russian Federation, the author determines the possible features and signs of the positions of legislative acts, as well as fundamental criteria of assessment of positions of the legislative acts projects the implementation of which can conduce the formation and realization of threats to security of the Russian Federation.

Keywords: National Security Strategy, national priorities, regulatory effect, bills expertise, draft legal acts, security threats, national security, political stability, sovereignty, national economy

Abstract: The article attempts to establish the role of interview in the system of the investigative operations of the customs offi ces of the Russian Federation. The author also studies investigative operations as a type of activity, and attempts to defi ne it. The author views such operation as a type of activity taking into account specifi c features of the customs bodies of the Russian Federation.

Keywords: jurisprudence, law-enforcement, investigative operations, customs, operative investigation events, interview, role and place of interview, Law on Operative Investigation Activities, the Customs Code of the Customs Union.

Abstract: The mass spread and introduction of information and communication technologies in all the spheres of social life, which has happened in XXI century brought both the positive effects of information society and the new threats, which made the problem of ensuring information security by legal means more topical. The need to develop the legislation on information in order to neutralize the threats of information sphere of social life requires a new complex legal institution – the institution of legal guarantees of information security, which shall be a part of information law.

Keywords: jurisprudence, information, security, institution, system, society, complex, inter-branch, sub-branch, law.

DOI: 10.7256/2454-0668.2023.6.69405

Abstract: The object of the study of this article is the Federal Law "On Combating Corruption" dated December 25, 2008, as well as the Decree of the President of the Russian Federation "On the State information system in the field of anti-corruption "Poseidon" dated April 25, 2022. The subject of this study is information technology as a means of combating corruption in the Russian Federation. The author in the article examines in detail the issues of state policy in the field of combating corruption, analyzes the regulatory framework on the use of information technologies in the field of combating corruption, as well as the work of various information systems for the provision of public services to the population. Pays attention to the issues of the structure, operation and implementation of the state information system in the field of anti-corruption "Poseidon" in the activities of public authorities. The research methodology was primarily based on the normative legal acts of the Russian Federation, as well as the works of Russian scientists. The article used both general scientific and special research methods. The novelty of the research lies in the insufficient number of studies on the problems of the article. As a result of the research, the author comes to the following conclusions: information technologies have a great impact on all spheres of government activity and public life. The state's anti-corruption policy is also influenced by new trends. Moreover, the introduction of information technologies, the so-called "digitalization", remains one of the most relevant areas in the field of combating corruption today; the information and technical component of the fight against corruption will constantly develop and improve, the state needs to take into account these trends and promptly turn them into the legal field; the creation and implementation of GIS Poseidon is a very timely and modern step that meets the current stage of society's development; it is necessary to develop the anti-corruption potential of successfully operating digital products for the provision of public services and develop new information systems, gradually synchronizing them with existing ones.

Keywords: GIS Poseidon, government employee, information systems, digitalization, Information technology, public authorities, State anti-corruption policy, Government policy, anti-corruption, corruption

Abstract: The article is devoted to the analysis of the preventive character of the police law in the light of theoretical developments and legislative practice of Russia and Germany in the past and at the current stage. The author views various approaches to the term “public safety”. Then the author points out the tendency for subjectivating the modern police law.

Keywords: prevention, police law, general clause, code of police punishments, public safety, lawfullness, jural state.

Abstract: This article reveals some aspects of state and municipal food policy at the present stage of development of the Russian state. Are considered separate legal doctrines of food security, approved by Presidential Decree of 30.01.2010 №120. The author has attempted to explore the terms “state food policy” and “municipal food policy.”

Keywords: policy, food policy, public food policy, the municipal food policy, food situation, food safety, the criteria of food security, doctrine.

DOI: 10.7256/2454-0668.2013.6.10032

DOI: 10.7256/2454-0668.2013.6.63872

Abstract: The ar ticle includes analysis of development of the legal regulation in the sphere of secret intelligence operation in the USA. From the very first years of its existence as an independent state, the intelligence service of the USA traditionally held secret operations. However, the issue of legal regulation of secret operations was raised only after the 2nd World war. Based upon the historic analysis the author reveals the patterns of development of the legal regulation of secret intelligence operations of the USA from the very first bylaws by the President and the National Security Council of the USA, which were mostly secret, to the current legislation in this sphere. The article contains detailed analysis of the term “secret operation “ from the position of the American legislation, as well as the modern legislative standards, regulating the procedure for secret operation. The article shows the role of the President and Congress in implementing control over organization and implementation of secret operations. Special attention is paid to the legislative limitations regarding secret operations, and, more specifically, to the fact that the American legislation does not limit the range of actions, which may be taken by the intelligence service as secret operations. The legislative limitations mostly concern the prohibition to hold secret operations in the US territory or for the purpose of influencing the political processes in the USA.

Keywords: secret operation, the US intelligence service, legal regulation, Congressional control, the NSC Directive, legislative limitations, the Central Intelligence Agency, intelligence committees of the Congress, executive order of the President, National Intelligence Director.

DOI: 10.7256/2454-0668.2017.2.21208

Abstract: Relevance of the selected topic of this scientific article is justified by the necessity of ensuring the proper legal protection of such object as the state border of the Russian Federation. Majority of researchers pay attention to the questions of illegal crossing of the state border and other cases of its violation. At the same time, the questions of realization of the allowed by law activity within the zone of the state border usually remain undiscussed, despite the fact that in certain situations they are also associated with the administrative offenses. The author analyzes the peculiarities of administrative legal qualification of the offences stipulated by the Articles 18.1 and 18.2 Code of the Russian Federation on Administrative Offenses, as well as concludes that such norms are distinguished by the object of legal support, circle of security incidents, and extent administrative liability. The general signs of the indicated compositions of administrative violations are also underlined. The work examines the problem of regulation of various types of activity within the zone of state border. Based on the analysis of the notions “state border regime” and “border zone regime”, the article identifies the flaws of legal regulation in the Basic Law on State Border Protection. As a result, the author suggests amending the Law on State Border Protection alongside the Code of the Russian Federation on Administrative Offenses for elimination of the determined flaws.

Keywords: National security, Legal protection, Implementation of Code on Administrative Offenses, Legal violation, Penalty, Decree, Border authorities, Administrative liability, Russian Federation, State border

Abstract: This article is devoted to some practical problems, which arise in the sphere of implementation of the Federal Law “On Special Economic Zones in the Russian Federation” which brought the on the new stage of development of the legal status of territories with the special economic statuses, namely centralization of the legal regulation of this category of social relations. As the author points out, the key problems of their legal regime include prohibition on formation of filial offices and representative offices of resident firms outside the territory of such zones, as well as liquidation of the zones with special economic regimes, which were formed based on the legislation of the constituent subjects of the Russian Federation. Additionally, the author studies the legal issues related to the innovation potential of such zones in order to provide possible amendements into the existing legislation, which, in turn, would stimulate the scientific technical development of such zones. Finally, the author offers some measures to improve the legal regime of special economic zones.

Keywords: jurispudence, special economic zones, legal regulation, investment, foreign investment, filial office, representative office, standalone divisions, cluster, sphere of competence of constituent subjects of the Russian Federation.

DOI: 10.7256/2454-0668.2015.1.12379

Abstract: Abstract: One of the goals of the “Concept of Long-term Socio-Economic Development of the Russian Federation for the Period up to the year 2020” is the security of citizens and society by support of a high level of national security and defense capability of the country, including economic and commodity security. Under the conditions of forming an innovational economy, where the leading role belongs to the human creative potential and intellect, the significant portion of the GDP is shifted towards the products that are a result of intellectual activity. The analysis of the volume and range of counterfeit products demonstrates its massive scale on the Russian market. One of the paramount national tasks becomes the complex and system-wide policy aimed at a fight against counterfeit products. As a result, the subject of this article defines provision of economic security of a nation as a key component of provision national security. The problem with counterfeit products on the Russian market is being reviewed from the positions of a systemic approach, which allows determining the scale and range of counterfeit products, types of threats, and the impact of counterfeit products upon the state of economic security of the country. The authors propose the implementation of product standardization as one of the effective instruments in a fight against counterfeit products on the Russian market. The article proves that the counterfeit products represent a direct threat to the economic security of the country.

Keywords: counterfeit, intellectual property, counterfeit sector of the economy, fake, anti-counterfeit policy, customs authorities, economic security, Customs Union, intellectual piracy, standardization

DOI: 10.7256/2454-0668.2022.2.32038

Abstract: The subject of this article is the normative legal acts of the Russian Federation in the field of information security, as well as the theoretical positions of modern researchers on the legal provision of information security in the Russian Federation. The modern legislation of the Russian Federation on information security issues is analyzed in detail, while special attention is paid to the consideration of regulatory legal acts that ensure Internet governance, which is one of the most important areas of development of legislation in this area. The most important aspects of information security that attract research interest, approaches to solving existing problems in this area are identified. The analysis of the norms of information legislation and the systematization of the material is based on the formal-logical method. The comparative legal method allowed us to identify current trends in the development of legislation in this area, and the prognostic method allowed us to determine the prospects for the development of legislation aimed at creating a system of effective legal provision of information security in the Russian Federation. The article presents the author's reasoned position on the problems of legal provision of information security and the prospects for their solution in the current international situation. The conclusions obtained as a result of the study allow us to speak about the prematurity of codification of legislation in the field of information security, at the same time, the need for systematic movement in a given direction. Conclusions are drawn that today the Russian Federation continues to pursue a policy in the field of information security, which defends the sovereign information space, and also initiates the activity of the world community aimed at creating effective mechanisms for ensuring international information security through the activities of international organizations and expanding the coverage of international law.

Keywords: information legislation, information technology, The Internet, electronic interaction, legislation, information protection, security threats, information security, information, information space

DOI: 10.7256/2454-0668.2015.1.66136

DOI: 10.7256/2454-0668.2023.6.44206

Abstract: The article deals with problematic issues arising in the activities of the preliminary investigation bodies related to the implementation and completion of criminal investigations in the absence of a suspect, accused at the place of investigation and the impossibility of conducting investigative and procedural actions during his absence. Difficulties arise when declaring a wanted person and organizing the establishment of his location. Often, persons hiding from the preliminary investigation, especially those undergoing criminal cases related to the commission of economic crimes, have financial opportunities and change their place of residence in order to avoid criminal liability and the application of penalties. When these persons are put on the wanted list, the problem of choosing a preventive measure in the form of detention also arises in the activities of the investigative bodies. Despite the fact that some of the wanted persons are accused of committing serious and especially serious crimes, a preventive measure has been chosen against them that is not related to detention. The problems considered in this article and the proposed solutions to them are a recommendation for persons whose official duties include searching for persons who have disappeared from the bodies of inquiry, investigation and court. Depending on the current operational or investigative situation, the algorithms of actions of law enforcement officers may change and be optimized.

Keywords: temporary suspension from office, international cooperation, nvestigator, accused, detention of a suspect, coercive measures, body of inquiry, consequence, criminal proceedings, search for persons

DOI: 10.7256/2454-0668.2016.1.15250

Abstract: The subject of this research is public relations in the area of food safety and the codified rights that are the foundation for food safety. The object is the combinations of legal norms that regulate food safety as a sub-institution of safety. The contradictions of the conceptual apparatus and the absence of the strict system of formal codification of the safety norms are being analyzed in this work. The author explores the notion of food safety with consideration of the international norms, as well as the possibility of implementation on the national level of the developed within the international law approaches towards food safety. Practical approaches towards establishment of the norms on food safety are being proposed. Author’s main contribution is formulation of the definition of food safety. The main conclusion consists in the need for codification of the right for healthy nutrition as a constitutional right. The author formulates the necessity to make improvements in the separate institutions of social, labor, civil, administrative, and agrarian legislation for the purpose of establishing the regime of food safety as a systemic phenomenon.

Keywords: ADMINISTRATIVE LAW, PUBLIC ADMINISTRATION, NATIONAL SECURITY, FOOD SECURITY, STRATEGY, PROBLEMS OF REALIZATION, ANALYSIS OF LAW, Regulatory requirements, The right of citizens, PUBLIC RELATIONS, ADMINISTRATIVE LAW, PUBLIC ADMINISTRATION, NATIONAL SECURITY, FOOD SECURITY, STRATEGY, PROBLEMS OF IMPLEMENTATION, ANALYSIS OF THE LEGISLATION, REGULATORY REQUIREMENTS, RIGHTS OF CITIZENS, PUBLIC RELATIONS

DOI: 10.7256/2454-0668.2016.1.67533

DOI: 10.7256/2454-0668.2013.6.8104

DOI: 10.7256/2454-0668.2017.2.21880

Abstract: The subject of this research is the definitions of “food” and “food legal relations” as the legal categories for the more constitutive development of the sub-institution of food security. The author meticulously reviews such aspects of the topic as the difficulty of development of sub-institution of food security due to theoretical underdevelopment of categories as security in general, and security of food relations. Special attention is given to the legal characteristic of food, examination of it as an object of legal relations, food system, determination of the nature of food legal relations, its peculiarities and classification. The main conclusion consists in author’s proposition to consider food as a public legal category. The author’s contribution into the research lies in the formulated definitions of food as a legal category, food system, food legal relations, as well as suggestions on their classification. The scientific novelty consists in shifting accent of the research from security towards food.

Keywords: complex legal relationship, administrative law, food relations, food, public relationship, public administration, analysis of legislation, security, food security, classification

DOI: 10.7256/2454-0668.2018.6.28118

Abstract: The goal of this research is to formulate the definition of the mechanism of Criminal Law counteraction of extremism. To solve this task, the author analyzed the current doctrinal approaches towards the question of definition of such key concepts as “Criminal Law mechanism”, Criminal Law regulatory mechanism”, “crime counteraction”, as well as sequential revelation of their content. As any other mechanism, the mechanism of criminal law counteraction of extremism has a certain task of its functionality and correspondingly carries out specific tasks to achieve it. To solve the question of what should be understood as the goal of this mechanism, the author referred to the goals of crime counteraction as a whole. A conclusion is made that the content and list of tasks and functions of the mechanism of criminal law counteraction of extremist activity is substantially defined by the tasks and functions of criminal law. Moreover, the author highlights the structural elements of the mechanism of criminal law counteraction of extremist activity.

Keywords: functions of Criminal Law, enforcement, lawmaking, extremist activity, Criminal Law, anti-crime mechanism, extremism, tasks of Criminal Law, legal mechanism, crime

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.

Keywords: anti-corruption standards, anti-corruption security sanctions, anti-corruption safety regulations, anti-corruption security measures, security measures, prevention, corruption crime, corruption, state procurements, municipal procurements

DOI: 10.7256/2454-0668.2013.6.63873

Abstract: The article concerns the role of the Constitutional Court of the Russian Federation and the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation in the guarantees of national security. The author analyzes the legal fundamentals for the national security guarantees, and, first of all, the provisions of the Constitution of the Russian Federation, enshrining the modern complex perception of security as a complicated multibranch term. The author also provides examples of decisions of the constitutional justice bodies, reflecting the issues of security of the Russian state and society.

Keywords: jur ispr udence, constit utional justice, justice, national security, constitutional provisions, security doc trine, final decision, legal position, doctrine, justice.

DOI: 10.7256/2454-0668.2017.2.22239

Abstract: The object of this article is the social relations in the area of ensuring the constitutional legal unity and territorial integrity of the Russian Federation as the fundamental constitutional values. The subject of this research is the concept of the constitutional legal guarantees of such values, as well as their scientific classification. The author reviews the aforementioned guarantees as the variety of constitutional legal constructs that execute a number of provisional functions: increase of efficiency of realization of the constitutional values, consolidation of their priority position within the constitutional legal hierarchy, their constitutional security from the threat of violation. The scientific novelty of the article lies in the author’s attempt to formulate the original definition of the constitutional legal guarantees of the unity and territorial integrity of the Russian Federation, and provide the scientific classification. The notion of the guarantees is examined from the perspective of their content, complex of provisional functions, peculiarities of the objects and subjects of security. The classification of the guarantees is being realized based on the five classification aspects: depending on the objects of security, subject of security, legal force, validity area, and duration.

Keywords: constitutional legal constructs, state territory, constitutional values, constitutional axiological hierarchy, territorial integrity, state unity, provisional functions, constitutional legal guarantees, constitutional legal support, state sovereignty

DOI: 10.7256/2454-0668.2022.2.37186

Abstract: Among the factors that pose a systemic threat to public security in modern realities, one of the most important is the spread of corruption. At the same time, many of the foreign countries have faced manifestations of this threat much earlier than the Russian Federation, and therefore have accumulated more substantial experience in countering them. In this context, the article examines the specifics of the implementation of various anti-corruption models that take place in world practice (Singapore, the United States of America, Ireland, etc.). It also substantiates the most important role of the public control system in the system of leveling threats to public security generated by corruption factors. In the context of the topic under consideration, it seems necessary to legislatively regulate the order of interaction of public control institutions with state and municipal bodies, as well as the responsibility of the latter for non-assistance or opposition to structures empowered to carry out public anti-corruption control.Summing up the analysis, I would like to note that the use of foreign experience of administrative and legal regulation both in the field of formation of mechanisms of public (public) anti-corruption control and improvement of anti-corruption mechanisms in general is one of the most important areas of ensuring public safety due to the extremely high danger posed by modern trends in the development of corruption processes for the formation of the environment, characteristic of a healthy society.

Keywords: national security, public anti-corruption control, public service, administrative and legal regulation, foreign experience, anti-corruption, public safety, asian model, singapore model, public control

Abstract: The article is devoted to the international legal cooperation of Russia and the NIC states in the sphere of naturalization problems, as well as to some pages of military history of the former USSR states. The complications in the sphere of implementation of international agreements among the NIC states include the issue of legal status of persons, who serve in the military forces of foreign states, and they are due to political situation. However, the protection of political interests of each of the NIC states calls for the inter-state coordination of activities in this sphere, as well as implementation of norms of international agreements in the national legislation.

Keywords: jurisprudence, Russia, Commonwealth, state, security, defense, agreement, armed forces, citizens, obligations, strategy.

DOI: 10.7256/2454-0668.2017.3.22800

Abstract: This article provides a criminal legal characteristic of the objective side of financing extremist activity (Article 282.3 of the Criminal Code of the Russian Federation). The author reveals the content of such notions as “means”, “provision”, “collection”, “providing financial assistance” in the context of disposition of the Article 282.3 of CCRF. In addition, the article conducts a comparative legal analysis of the objective side of indicated offence with the objective side of crime stipulated by the Article 258 of the Criminal Code of the Republic of Kazakhstan, which regulates the responsibility for corresponding action. Conclusion is mane that in regulating responsibility for such type of criminal offence, the approach of legislators of the Russian Federation and the Republic of Kazakhstan have both, similar and distinct features. Methodological foundation of this work consists in the basic provisions of dialectic method of cognizing the phenomena and processes of the objective reality. Separate issues emerging in qualification of the actions are being determines. The author claims that the legislator, attempting to increase responsibility for the extremist activity through introducing the Article regulating responsibility for its financing, for inexplicable reasons, mitigated the responsibility for financing the more dangerous forms of its manifestation. Taking into account the positive foreign experience, the propositions are made on improving the legislative description of the objective side of criminal offence stipulated by the Article 282.3 of the Criminal Code of the Russian Federation.

Keywords: charitable help, property, Supreme Court, accessory, terrorism, financing, extremist activity, extremism, sponsorship, criminal responsibility

DOI: 10.7256/2454-0668.2017.1.21731

Abstract: The subject of this research is the possibility of application of the generally accepted legal principles in the conditions of martial law. The legislation of the Russian Federation on the questions of state defense, military service, mobilization, and realization of the regime of martial law, universally consolidates alongside the corresponding legislation, such legal regulator as the generally accepted legal principles. It remains unstudied to which extent their content meets the goals and tasks of realization of the aforementioned regime. The international practice in general, demonstrated the ambiguity of interpretation and application of the generally accepted principles of law by the international community. The Russian judicial practice shows that they face certain difficulties in implementation of the generally accepted principles and norms of the international law, indicating just their possible sources. The scientific novelty of this research consists in the necessity of improvement of the theory of generally accepted principles of law, caused by their incompleteness and ambiguity. Due to this fact, the author suggests to amend the Article 2 of the Federal Constitutional Law “On Martial Law” in the parts: “generally accepted principles of law” and “fundamental principles of law”.

Keywords: law, defense, fundamental principles of law, generally accepted principles of law, martial law regime, freedom, restriction, violation of principles, UN principles, regulator

DOI: 10.7256/2454-0668.2020.3.33371

Abstract: The subject of this research is the provision on criminal liability for training for the purpose of carrying out terrorist activities. In the course of this research, the author determines the content of the elements of a crime stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, defines boundaries of this criminal violation, as well as makes recommendations on the improvement of its legal regulation. The article is based on the component legal analysis of the body of crime, stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, with application of such methods of legal hermeneutics as grammatical and systemic interpretation. It was revealed that de facto, a direct object of crime envisaged by the Article 205.3 of the Criminal Code of the Russian Federation differs depending on the type of crime for which the subject is undergoing training; while the objective side of crime consists in training, including self-training of the subject. The article criticizes the legislator’s decision to establishing a minimum age threshold (14 y.o.) for the subject of crime, as well as the method to describe the purpose in disposition of the Article 205.3 of the Criminal Code of the Russian Federation. The author describes the cases when introduction of the Article 205.3 of the Criminal Code of the Russian Federation allows double prosecution for the same offence, as well as regulation of a stiffer penalty for preparation, in comparison with the completed substantive crime, which in both cases violates the principle of justice (Article 6 of the Criminal Code of the Russian Federation). A proposal is made to exclude the Article 205.3 from the Criminal Code of the Russian Federation, as well as introduce a special rule on the boundaries of punishment for preparation of terrorist acts.

Keywords: preparation for a crime, terrorism, principle of justice, terrorist crimes, crimes of a terrorist characteristics, crimes of a terrorist nature, terrorist activity, passing training, unfinished crime, countering terrorism

Abstract: The lack of certain terms in the Federal Law of August 12, 1995, n. 144-FZ “On operative investigation activity” allows the practice to vary in the interpretation of the same term. The article includes analysis of a number of scientifi c legal writings in the sphere of operative investigation activity, in order to defi ne the term of the subject of operative investigation activity: polling. The author offers a defi nition of a subject of polling.

Keywords: jurisprudence, operative investigation activity, operative investigation bodies, customs bodies, polling, subject of polling, operative staff, participants of the polling, Law on the Operative Investigation Activity.

Abstract: The article includes analysis of one of the factors of the guarantees of national security of the Russian Federation by the ecological and power security when using the nuclear energy. The term “security” may be understood as “negation of danger”. In the scholarly and legislative sources on nuclear energy оne may find references to various types of security, such as power security, ecological security, etc. The reason for such a variety is the difference in the criteria, which serve as the basis for the security classification. In Russia the guarantees of national security were for the long time centered on the protection of state security. It is therefore quite topical to have a Law on National Security, which would complement the existing legislative basis in this sphere. And one should take into account the concept of supremacy of environmental security, as an important factor for the harmonious economic and social development of the Russian state and society, as well as the guarantees of energy security for the sake of stability of income to the federal budget and sustainable development as a whole.

Keywords: jurisprudence, nuclear energy, national security, energy security, environmental security, law, politics, history, environment, IAEA.

DOI: 10.7256/2454-0668.2021.6.37260

Abstract: This article analyzes the modern concepts of data sovereignty, as well as the corresponding issues of their practical application. Based on the example of China as the country with the largest in the world number of Internet users and developed economy, description and critical assessment is given to the existing approaches towards data sovereignty, taking into account the international law experience. The conclusions acquired in the course of theoretical analysis are proven on the case of the company “DiDi Taxi”, the share allotment of which on the New York Stock Exchange has been terminated due to posing risks to the information sovereignty of the People's Republic of China. It is established that the modern concepts of “data sovereignty” are based on application of the methodology of previously existing branches of legal science on the storage, processing and transmission of data; therefore, the explanations developed on their basis cannot be acknowledged as universal and fully meeting the specificity of the object of regulation. Based on the case of “DiDi Taxi”, the author formulates the objective criteria that may underlie the restriction of the right of the company to freely use the following data: number of users, scope of data, and possibility of their preliminary verification). Special attention is given to the problems associated with the attempts of the United States to revise the principle of determination of the state jurisdiction of data, which has established in the international practice, based on the principle of data localization. It is noted that the establishment of such regulation is unacceptable and may lead to political and economic conflicts in the future. The obtained results give an adequate perspective on the current concept of data sovereignty and the related issues, thereby drawing the interest of law enforcement agencies and scholars dealing with the national security issues.

Keywords: cartographic data, personal data, transborder data flows, data localization, sovereignty of cyberspace, data sovereignty, national security, big data, U.S. CLOUD Act., DiDi Taxi

DOI: 10.7256/2454-0668.2022.5.39099

Abstract: In this article, in order to comprehensively counteract crime, a systematic method of studying state-legal and criminal reality through the prism of the system of legal responsibility is analyzed. It is indicated that in modern conditions, the system of measures of legal responsibility should be improved, aimed at establishing the causes and conditions that contribute to crime. Attention is drawn to the conflicts of the sectoral legislation of the Russian Federation that prevent the application of legal liability measures. The author's vision of the structural and substantive components of the systems under consideration is proposed. The sociological, political and cultural components of the problem are taken into account. The spheres of interaction between the system of legal responsibility and the system of combating crime are revealed. Using the appropriate methodological arsenal and regulatory framework, the instrumental characteristics of the system of legal responsibility and the system of combating crime are determined. In each of the systems, normative, procedural and organizational subsystems are identified and considered, the interaction between them is shown. The quality of the legal regulation of activities for the prevention of crimes and other offenses is assessed, the existing intra-system contradictions and their causes are identified, conceptual solutions for existing problems are proposed. The vagueness of legal norms and the lack of effective procedural mechanisms actually negates the law enforcement effect of fixing in the laws an extensive list of prohibitions aimed at countering crime. The current directions of criminal policy in the field of combating crime in the context of the development of legislation are determined. The comparison of the system of legal responsibility and the system of combating crime is made from the position of a methodological level approach, which allows them to be correlated at the substantive, structural and proper-system levels. Outside of the "points of contact" of the compared systems, the conditions for their convergence in various spheres of society were considered. The conclusion is made about the need to coordinate the system of legal responsibility with the realities of the reality surrounding the subjects of law. The connection between the effectiveness of the crime prevention system, the effectiveness of the system of legal responsibility, indicators of law-making, law enforcement and law interpretation activities is revealed.

Keywords: legal instrument, legal regulation, crime control system, counteraction to crime, criminality, crime prevention, system of legal responsibility, legal responsibility, law enforcement, legal practice

Abstract: The XX century was rich in military political events. Two World Wars and the real threat of the beginning the new nuclear war showed the importance of having the effective models of the collective security which would be based on the international law. The models of the collective security guarantees in the XX century were mostly based on «block models», through the opposition of the military-political unions like Triple Entente and the Triple Alliance, the North Atlantic Treaty Organization (NATO) and the like. The dissolution of the Warsaw Treaty Organization in 1991 generated the hopes that «block» opposition in Europe will leave in the past. Differently, many hoped that after dissolution of the Warsaw Treaty Organization also will be followed the dissolution of the NATO. However, it did not happen. Moreover, the West expanded the sphere of the military-political block NATO operation by including the new members. Russia was forced to accept this situation as a harsh reality. In such conditions Russia initiated the development of the relations with this military and political alliance on the basis of the Founding Act and formation of the Russia - NATO Council (RNC). Thereby the Russian Federation came to the new level of interaction with the West in Europe. This article is devoted to the current relations between the Russian Federation and the NATO.

Keywords: the Founding Act between NATO and the Russian Federation; the NATO – Russia Council; Organization on

DOI: 10.7256/2454-0668.2013.5.9072

DOI: 10.7256/2454-0668.2013.5.63361

Abstract: This article concerns several aspects of fighting corruption. First of all, it concerns a historic aspect of fighting corruption starting with the uprooting the “fief-office” system, which was popular in XVI–XVII centuries, and in fact was a lawful form for personal enrichment of persons holding offices. The author analyzes the legal measures taken by Tsar Peter the Great and Catherine the Great in fighting corruption. Characterizing the modern scale of corruption in Russia, the author pays attention to the spheres, which are new to corruption, such as unlawful privatization (impropriation) of state property; lobbying of oligarch interests, support and financing of political structure in exchange for the support of corrupt officials permeating government structures, etc. The author notes insufficiency and imperfections of anti-corruption legislation in these spheres, as well as failure to involve the general public in the expertise of legal acts. Secondly, the author studies the modern federal, regional and municipal legal acts against corruption, as well as acts on anti-corruption expertise of normative legal acts and their drafts. Based upon the analysis of the long-term municipal specialpurpose programs against corruption the author makes a conclusion that such programs should be adopted and their implementation should be controlled by the representative bodies. Thirdly, the author studies legal certainty as one of the key factors of corruption prevention. The author considers that the lack of clarity and gaps in the legislation serve as a “nutritive medium” for the corruption. She analyzes the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights regarding violations of human and civil rights due to lack of legislative clarity. The lack of clarity in a legal norm allows for the unlimited discretion in its application and it inevitably leads to abuse of discretion.

Keywords: corruption, fighting, certainty, court, rights, expertise, power, legislation, positions, European.

DOI: 10.7256/2454-0668.2013.1.62350

Abstract: The article is devoted to the legal aspects of prevention of crimes against the political system of Russia. The author analyzed the Criminal Code of the Russian Federation, the legislation of the Russian Federation on anti-criminal measures, including measures against extremism and terrorism, as well as some legislative norms of the Republic of Tatarstan on prevention of crimes against the political system of the Russian Federation. The author also analyzed the legislation of the Russian Federation on national security, she developed the draft of legal norm and made some suggestions on the improvement of legislation in order to protect the political system of the Russian Federation against criminal encroachments, taking into consideration that it requires the improvement of the norms of other branches of law, as well as criminal law.

Keywords: jurisprudence, crimes, extremism, politics, law, prevention, security, power, terrorism, Internet.

DOI: 10.7256/2454-0668.2013.1.62351

Abstract: The article is devoted to the interaction between international and national law in the legal system of the Russian Federation via the reference to the international treaties in various normative legal acts. Much attention is paid to the border security. The author offers to improve this sphere by changing reference to transformation. The novelty of this article is that it provides for the directions for the improvement of the legislation of the Russian Federation in the sphere of borderline security with due respect to the national legal implementation. The goal is to offer proposals on improvement of the legal norms, which refer to international treaties.

Keywords: jurisprudence, legislation, implementation, border security, border activity, international treaties, national security, principles of law, norms of law, law.

DOI: 10.7256/2454-0668.2022.5.38811

Abstract: From the content of Federal Law No. 68-FZ "On the protection of the population and territories from natural and man-made emergencies", it is difficult to draw an unambiguous conclusion about which organizations are concerned with article 14 of this law, which establishes the responsibilities of organizations: all or only those whose categories are considered in it. The powers of organizations in the field of protecting the population from emergencies should differ and depend on whether they function in an emergency, whether they are part of a unified state system for preventing and eliminating emergencies, whether they pose a danger to the environment, whether it is about protecting the organization of the population or only its employees. It is proposed to supplement the law under consideration with Article 14.1 "Obligations of organizations to protect employees from emergencies", which establishes obligations for organizations not classified in the categories considered by the federal law: training of employees; notifying them of the threat of an emergency or the occurrence of an emergency; conducting emergency.

Keywords: material resources, financing, reserve, workers, population, protection, civil defense, emergency situation, safety, responsibilities of the organization

DOI: 10.7256/2454-0668.2022.6.38176

Abstract: The object of the study is the reasons for the existence of confiscation of property in criminal legislation. The socio-legal conditionality of the named institute is designed to reveal the functional purpose of the criminal instrument, its social role and place in the system of combating crime. Special attention is paid to the method of analysis, with the help of which the necessary data are investigated to confirm the hypothesis of the social necessity of the existence of the institution of confiscation of property. The institution of criminal law confiscation of property is an effective tool of the state's anti-criminal policy, the content and purpose of which have been dynamically transformed throughout the history of Russian society. The basis of the research is a synthesis of domestic as well as foreign legislative and doctrinal provisions using the formal legal method. The main conclusions of the study are that the socio-legal conditionality of the criminal law institution of confiscation of property is expressed in compensation for the negative consequences of the crime committed by asymmetric compensation for damage to legally protected public relations. Confiscation of property acts as a means of criminal law repression, designed to impose on the convicted person the obligation to suffer the negative consequences of the crime committed by him. Through the institution of confiscation, the criminal legislator focuses on law-abiding behavior related to economic and financial activities. The novelty of the study is represented by a system of key factors (reasons) justifying the need for the existence of the institution of confiscation of property in domestic criminal legislation.

Keywords: punishment, socio-cultural reasons, economic reasons, political and legal reasons, criminal law norms, history of development, social conditioning, confiscation of property, criminal code, criminal law measure

Abstract: The article is devoted to the possibility of formation of an ecological paradigm in science based on the synergetic concept of general ecology. Ecological development is viewed as an integral one, which is aimed to change the inner situation within an eco-system, which may include co-evolution of a central member and an ecological environment. The author offers to use eco-systemic approach, which would allow to create a more secure social and natural environment, as a basis for the guarantees of the security of the future model. The author shows that it is possible to single out the key and principally different types of environmentalization of economic activities, which are closely related to the two forms of material production: agriculture and industry.

Keywords: social studies, security, security via stable development, environmentalization, ecological security, ecological paradigm, eco-development, eco-system.

DOI: 10.7256/2454-0668.2016.2.16877

Abstract: This article explores the general and distinctive features of the legal regulation of the state classified information and the official secret. The goal of the comparative analysis is the differentiation of their legal regulation based on the specificity of the regime elements. The author thoroughly analyzes the legal regulation of the state classified information and the official secret with regards to their targeted designation, object of regulation and its actors, as well as mechanism of security control. Special attention is given to the differenced on the reviewed special legal regulations of information. The conclusion is made that both, the state classified information and the official secret have the mutual historical roots, the importance in the area of state administration, public-legal methods of regulation of social relations pertaining to information security, etc. The specificity of such regulations is defined by the various goals of restricting the access, extent of damage in case of violation, content and composition of secret information.

Keywords: Comparative characteristic, Comparative legal analysis, Official secret, State classified information, State secrets, Confidentiality, Restricted access information, Information security, Legal regulation of information, Information law

DOI: 10.7256/2454-0668.2016.2.67747

DOI: 10.7256/2454-0668.2016.2.18328

Abstract: This article examines the provisions of the 1926 RSFSR Criminal Code that establish responsibility for actions, which in accordance with the currently existing legislation, qualify under the notion of extremism (extremist activity). Actions that fall within the legal definition of extremism are included into the various chapters and sections of the Criminal Code of Russian Federation. At the same time, the majority of them are referred to as crimes against the foundations of constitutional structure and state security, as well as public security and public order. The author conducts a comprehensive analysis of the norms of the 1926 RSFSR Criminal Code, which regulate the responsibility for state crimes. The conclusion is made that in the Criminal Code of RSFSR of 1926 the main changes pertaining to the counteraction against actions containing the signs of extremism in its modern understanding, were made due to the enactment of the “Position on propaganda or agitation involving a call for the overthrow, subversion, or weakening of Soviet authority or for the carrying out of other counterrevolutionary crimes” by the 25th Central Executive Committee of the Soviet Union in February of 1927. The author claims that were no major differences with regards to crimes of extremism character during the comparison of the Criminal Codes of 1922 and 1926. The Criminal Code of 1926 maintained continuation of the Criminal Code of 1922, which is particularly expressed in equalization of responsibility for participation and organization of the counterrevolutionary crimes. In addition to that, in the Criminal Code of 1926 the propaganda and agitation aimed at instigation of national or religious animosity, which testifies about the gradual reflection in the criminal law of the formulated in the 1925 RSFSR Constitution ideas of racial and national equality.

Keywords: act of terrorism, propaganda, agitation, Criminal Code of 1926, Soviet Authority, incitement hostility, state crimes, extremism, criminal responsibility, counterrevolutionary crime

DOI: 10.7256/2454-0668.2016.2.67748

Keywords: act of terrorism, propaganda, agitation, Criminal Code of 1926, Soviet Authority, incitement hostility, state crimes, extremism, criminal responsibility, counterrevolutionary crime

DOI: 10.7256/2454-0668.2014.2.10792

DOI: 10.7256/2454-0668.2014.2.64063

Abstract: In the modern world, which is ruled by the finances, the issues of national security guarantees cannot be evaluated separately from the solution of the problems appearing in the process of financial turnover. The basis for the achievement of the goals includes mechanisms, allowing to support the current vector of the financial and monetary policy of a state, and at the same time serving as a mechanism for fighting unlawful and criminal threats. That is why, this article is devoted to a topical issue of security in financial sphere. Based upon the financial security studies and the prerequisites in the sphere of general theory of security measures, the author reveals the definition and main specificities for the financial security measures. A number of legal limitation measures, possessing both administrative and preventive qualities regarding the possibilities to repeal the internal and external threats to the financial system, may serve as an efficient method for achieving economic and financial security. The legal means presented in this article are classified on various bases and illustrated with numerous examples from the Russian legislation regulating the relations regarding the turnover of financial resources.

Keywords: financial security, security measures, protective measures, preventive measures, protection measures, security rules, security sanctions, legal limitations, financial offence, financial crime.

DOI: 10.7256/2454-0668.2014.2.64064

Abstract: The article concerns theoretical substantiation for the object, immediate object and goals of legal guarantees of national security. The legal guarantees of national security require clear definition of the object of legal regulation, its immediate object and the goals, which need to be achieved within the framework of this object. In the opinion of the author the object of legal guarantees of national security is the national security sphere, while its immediate object includes relations and activities in this sphere, requiring legal guarantees. Based upon the provided attitudes towards object and immediate objects of legal guarantees, the author singles out the topical area of the said legal guarantees. The author uses general theoretical scientific analysis methods, which are needed for exploring the topic of this article. Based upon the studies of the current condition and theoretical evaluation of legal guarantees of national security the author makes conclusions on the object, immediate object and goals of this type of guarantees. It is pointed out that the problem of object, immediate object and goals of the legal guarantees has both theoretical and practical dimensions. Defining the object of legal guarantees of national security allows for clearer formulation of purpose and main goals of such guarantees. The author makes a conclusion that one may state that currently there is a relative basis for legal regulation of national security in Russia. At the same time, the current situation of legislative basis for the national security guarantees may be defined as a system at the stage of formation, that is why it has the qualities typical of transitional periods.

Keywords: national security, legal security guarantees, legal regulation of security, object of legal regulation, immediate object of legal regulation, goals of legal guarantees, national security relations, security of a social system, national security system, legislative basis for security.

DOI: 10.7256/2454-0668.2014.2.64065

Abstract: The article concerns legal aspects of the foreign security guarantees of the medieval city-states in the North Western Russia, which were often object of foreign aggression due to their situation in the bordering regions of Russia. It is noted that legal means played an important role within the system of guarantees of foreign security. This is proven by the provisions of the Pskov Judicial Charter, which was one of the most important legislative acts in the Russian law of XIV — XV centuries. The article studies the norms of the Charter regarding responsibility for the assistance to enemies treason(perevet), and special documents given to the residents, when they were going abroad. The author analyzes the text of the Pskov Judicial Charter and provides comparative analysis of the norms in the Ancient Russian, Byzantine and Roman law. The provisions of the Pskov Judicial Charger are studied in the relation with the provisions of the Book of the Helmsman ( Kormchaya Kniga) and the Books of Law. The author analyzes the chronicles, which contain references on punishment of traitors (perevetnik). The author makes a conclusion that the legal means of foreign security guarantees in the North-Western Russia in XIV — XV centures were measures of personal and proprietary responsibility for assisting enemies (perevet), as well as the regime measures defining the procedures for travelling abroad. The capital punishment for the traitors was provided by the “Laws of the Greek Kings” adapted to the conditions of the Ancient Russia. The same law provided for the right to kill traitors when intercepting their attempts to run to the enemy. The Pskov Judicial Charter defined the proprietary consequences of treason (perevet). It required confiscation of the property of traitors in favor of the city community. In order to prevent reason the residents planning to go abroad had to inform the government on their intentions and to get a certain document (charter).

Keywords: foreign security, legal means, legal responsibility, legal regime, treason (perevet), Perduellio, capital punishment, confiscation of property, permission to go abroad, the Pskov Judicial Charter.

DOI: 10.7256/2454-0668.2015.2.14646

Abstract: The article examines the changes to the Russian legislation on the counterterrorism made in 2013 and 2014. The author sequentially and in chronological order highlights the most significant novelties of the Russian law on countermeasures against terrorist threats. First and foremost, analysis is conducted on the changes to the Criminal Code of the Russian Federation, revealing the systemic interconnection of such changes with the norms of international law, Federal Law “On the Fight Against Terrorism” and Federal Law “On Countering Extremist Activity”. A significant portion of the article is dedicated to the analysis of the norms of the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offenses in the area of countering financing of terrorism. These issues directly affect the national security and stability of the Russian Federation, and require constant systemic research. The modern Russian legislation in the field of counterterrorism corresponds with the norms of international law and international obligations of the Russian Federation.

Keywords: property, administrative responsibility, criminal liability, counterterrorism, financing of terrorism, extremism, terrorism, close friends, legislation, confiscation

DOI: 10.7256/2454-0668.2015.2.66403

Keywords: property, administrative responsibility, criminal liability, counterterrorism, financing of terrorism, extremism, terrorism, close friends, legislation, confiscation

DOI: 10.7256/2454-0668.2013.2.62618

Abstract: This article is devoted to the analysis of disputes regarding the provisions of international bilateral treaties. The norms of bilateral international treaties are viewed by the Arbitration Courts of the Russian Federation and most of specialist as being lex specialis in relation to the norms of multilateral international treaties, and therefore having superior legal force. Since 70% of foreign investments in the territory of Russia are situated within the sphere of oil and gas industry, the disputes in this sphere deserve special attention.

Keywords: jurisprudence, investments, innovations, arbitration, immunity, most favored nation treatment, international law, international treaties, bilateral investment treaties, foreign investments.

DOI: 10.7256/2454-0668.2013.2.62619

Abstract: The article concerns the historical aspect of Russian reality at the turn of XIX and XX century within the context of topical problems in the sphere of foodstuffs subsistence support of the state. The analysis of archive documents and normative legal acts of the Russian Empire of 1881 to 1913 allowed the author to uncover the specific features of the Russian mechanism for legal regulation of the bread trade, which was aimed to achieve the goals of the state and guarantee foodstuff subsistence, as well as to show the degree of interference of the state into the private relations in the sphere of bread trade and market.

Keywords: jurisprudence, Decree, trade, foodstuffs, cost, bread, crop failure, prohibition, export, wheat, grain, rye.

DOI: 10.7256/2454-0668.2014.3.11894

DOI: 10.7256/2454-0668.2014.3.65061

Abstract: The object of studies includes formation and development of military law of Russia and the possible formation of its civil law element. The immediate object of studies includes social relations, which are formed due to implementation of activities by the military personnel and organizations in order to guarantee military security during various historic development periods of Russia. As a result based upon the studies of the normative legal acts regulating the issues of military and civil law at various stages of historic development of Russia the author defines the interrelation of the said legal branches, and establishes the fact of participation of subjects of military security guaranteeing activities (military personnel and military organizations) in the civil turnover, substantiating the need for civil law guarantees of their activities. The methods of studies involve general scientific methods (analysis, synthesis, generalization), as well as logical and formal legal methods of scientific studies of norms of law and legal constructions, as applied in the sphere of military security guarantees in the history of the Russian state. The practical value of the studies is due to reflection of provisions and conclusions as formulated in the article, and they form a certain impact on the development of legal system of Russia, its civil and military law, as well as the science of military law. It especially concerns the issues of security of military officers and military organizations.

Keywords: military law, civil law, periodization, military officials, military organizations, participants of civil law relations, sources of law of Russia, development of military law, legislation, private law relations.

DOI: 10.7256/2454-0668.2013.3.62816

Abstract: Fight against tax crime is one of the most nettlesome issues in modern law enforcement. One of such problems is the relation between economically unjustified expenses and ways to commit tax crime. This is the issue the present article is devoted to.

Keywords: law studies, crime, taxes, levies, development, experience, expenses, feasibility, indicators, freedom.

DOI: 10.7256/2454-0668.2013.3.62817

Abstract: The author of the article studies the objective aspect of a terrorist attack, analyzes and summarizes relevant opinions expressed by a number of scientists and conducts a comparative criminal law research of this issue in the Criminal Codes of the CIS member states. The author evidently shows that it is necessary to improve the legislative construction of the objective aspect of a terrorist attack in Article 205 of the Criminal Code of the Russian Federation. Based on examples from law enforcement practice, the author of the article concludes that the objective aspect plays an important role in qualifying a terrorist attack and delimitating it from other relevant crimes.

Keywords: law studies, security, terrorism, terrorist, objective, interpretation, qualification, improvement, delimitation, threat.

DOI: 10.7256/2454-0668.2016.4.17720

Abstract: The subject of this research is the problems of providing legal countermeasures to terrorism in the Russian Federation, which the author defines as internal contradiction, gaps and inefficiency of current system of norms of anti-terrorism legislation, which determines the regulatory influence upon the public regard of this sphere. They include discorrespondence of goals with the final result, forms and contents of the spatial and time boundaries of the action of legal regime of the counterterrorism operations, as well as number of others. The goal of this work consists in substantiation of the proposals and recommendations aimed at improving the mechanism of legal regulation of public relations on counterterrorism. The scientific novelty lies in specification of the goals, concretization of the order of introduction, and agreement of the space and time boundaries of the action of the legal regime of anti-terrorism operation, ensuring its elasticity and correlation of the content of the regime measures with the norms of the Criminal Procedural Code of the Russian Federation, as well as harmonization of the elements of the legislative system in the sphere of counterterrorism.

Keywords: Countermeasures to terrorism, Counterterrorism operation, Terrorist act, Legal regime of counterterrorism operation, Disruption of terrorist attack, Legally protected interests, Folding terrorism plans, Legal infliction of harm, Harmonization of legislation, Terrorism

DOI: 10.7256/2454-0668.2016.4.68009

DOI: 10.7256/2454-0668.2016.4.68010

Abstract: The subject of this research is the combination of legislative norms that regulate public relations with regards to protection of the complex legal regime of classified information. The author carefully examines such aspects of this topic as the peculiarities of establishment of the object of legal regime of state secret through the procedure of classification and declassification of information, the illegitimate distribution of which can inflict harm on national security. Special attention is given to the types of the used restrictive and regime-setting lists and their importance in the process of establishment of the legal regime of classified information. The author notes that the cases of inappropriate designation of the lists used in preservation of state secret are common in the current legislation and law enforcement practice; as well as there has not been established legal regime for the information, referred as state secret in accordance with the applicable procedure, after being declassified. The author expresses an opinion the declassification of information should not violate the rights of private parties and corporations, as well as preserve the legal regime established before declassification of information. Other issues of establishment of the legal regime of state secret are being determined during the course of this research.

Keywords: list of classification, list, state secret, legal regime of information, secrecy, confidentiality, secret, information of limited access, information law, list of declassification

DOI: 10.7256/2454-0668.2016.4.68011

Abstract: The subject of this research is the Constitution, laws, and delegated legislation of PRC that reflect the aspects of legal regime of the classified information of China. The object of this research is the regularities and trends of development of public relations being established in China in the process of ensuring legal regime of state secret. The author carefully examines such aspects of the topic as the peculiarities of the current legal regime, which affects the efficiency of ensuring national security of the country. A special attention is given to the possibilities of using a number of its institutions for improving Russia’s legislation. The scientific novelty consists in the fact that this is one of the first works in Russian science of administrative law, which is dedicated to the study of legal foundations of the regulation of the institution of state secrecy by modern legislation of China. The main conclusion of this work is expressed in the multifacetedness of this issue; the possibility of its solution is necessary for effective insurance of national security, and confirms the need for continuation of active research in this area of national security and active use of comparative method.

Keywords: State secret, Ministry of State Defense, State Council of PRC, Counterintelligence, Legal regime, Information, Responsibility, Russian Federation, Foreign experience, National security

DOI: 10.7256/2454-0668.2014.4.10672

DOI: 10.7256/2454-0668.2014.4.65407

Abstract: The article contains a study of a constitutional legal mechanism for guaranteeing protected status of an individual, society and state from internal and external threats. The author provides analysis of the contents of the system of national security guarantees: subjects of security guarantees, objects and immediate object of security; methods and directions for guaranteeing national security. Comparison of the legal regulation of their interaction is implemented based upon the need to take into account the interests of individuals and citizens, preservation of the priority of his basic rights and freedoms, improvement and development of civil activity of persons and their associations, as well as sovereign unity of the nation. Characteristics of singled-out elements are provided from the standpoint of their correlation with the constitutional legal principles of formation of a rule of law democratic state and supreme value of human being, his rights and freedoms. The author draws a conclusion that the functioning of the mechanism for guaranteeing national security in the Russian Federation should be based upon the constitutional values. Its legal enshrinement should necessarily correspond to special value of a person, his rights, freedoms, civil peace and concord, integrity of a state and balance among the interests of person, society and state.

Keywords: national security, balance of interests, mechanism, subject of security guarantees, subject of security, object of security, method of security guarantees, person, society, state.

DOI: 10.7256/2454-0668.2014.4.65408

Abstract: Based upon the analysis of normative legal acts of the Russian Federation the author uncovers a non-uniform approach towards provisions for and the list of the crimes of terrorist character. The number of crimes of this category varies from 8 to 18. The category of crimes of terrorist character includes extremism-directed crimes and other categories of crimes, allowing for “double entry accounting” of crimes. The said position of the legislators has a negative impact upon the recognition of terrorist threats and efficient law-enforcement activities. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). When qualifying an act as being a crime of terrorist character first of all it is necessary to take into account the presence of terrorist goal. The author substantiates the need to provide for a definition of a crime of terrorist character and a closed list of such crimes at a legislative level. Implementation of this provision allows to form objective statistical reporting, based upon which it becomes possible to develop efficient measures against terrorism in the territory of the Russian Federation.

Keywords: terroism, anti-terrorism, crime, criminality, extremism, criminal legislation, crimes of terrorist character, statist ics, terrorist goal, list of crimes.

DOI: 10.7256/2454-0668.2015.4.12605

Abstract: The subject of this research is the legal safety of a subject of active and passive electoral right and the problems of their protection from the threat of corruption in modern Russia. The author gives original definitions to the notions of safety of the subjects of active and passive electoral right; electoral corruption; legal interests and values of a subject of electoral right; threat of corruption; coordination of activities aimed at prevention of corruption in the area of electoral process. One of the main directions of government policy in the area of provision of public safety for the long-term prospects in the Strategy for National Security of the Russian Federation until 2020 is the strengthening of the role of the government as a guarantor of personal safety, as well as improvement of normative legal regulation of prevention and fight against crime, corruption, terrorism, and extremism. The conducted research allows making the following conclusion: the cluster of issues, requiring development in the conceptual model of anticorruption direction of safety of the subjects of active and passive electoral right, must include goals and tasks, objects and subjects, methods (means) of executive preventative influence upon the internal and external threats to security.

Keywords: Corruption crimes, Corruption threat, Criminological safety of the voters, Criminological safety of the candidates, Criminological safety of the electorate, Anticorruption, Electoral corruption crimes, Bribing of voters, Determinants of corruption threat, Model for ensuring security

DOI: 10.7256/2454-0668.2015.4.66734

DOI: 10.7256/2454-0668.2014.4.65409

Abstract: The European Union just recently has developed the possibilities for the participation in the global arena as an independent security guaranteeing subjects. The Petersberg tasks were adopted in 1992, and they formed the basis for the joint defense and security policy (the former European policy on defense and security, providing for the possibility to use the armed forces for both the humanitarian operations and active peace-making operations, which may involve active participation in the military actions together with the armies of other states or insurgent formations. At the same time, the European Union did not bypass one of the main global trends in the sphere of defense and security, namely, privatization and contractual delegation of some functions, which were previously traditionally recognized as belonging to armed forces. One of the characteristic features of this trend is use of private military and security companies. In this article the author studies application of international law of the armed conflicts and human rights law to the activities and formations of the EU. The article provides analysis of a number of acts of the EU in the sphere of defense and security. The author draws a conclusion that while the European Union is not a state or a purely international organization, it has to comply with the generally recognized norms of international humanitarian law. The internal acts of the EU establish a higher standard for compliance with the international law. At the same time it should be noted that in spite of the fact that the activities of the private military and security companies in the EU missions falls within the scope of the general legal regulation, the internal acts of the EU are construed in the way that maximally lowers the possible responsibility of the EU for their unlawful acts.

Keywords: private military companies, international law, international humanitarian law, human rights law, the European Union, hazardous industrial facility; joint military operations, joint military missions, legal regulation, responsibility.

DOI: 10.7256/2454-0668.2015.4.15887

Abstract: This article is dedicated to the relevant issues of civil law pertaining to certain aspects of use of intellectual property of the Russian Federation, as well as protection of interests of the Russian Federation in the area of use of the results of intellectual activity during electronic auctions within the framework of fulfillment of government procurement. The author presents the analysis of the existing legal regulation on this process, and concludes that there is a need to improve the legislation in order to protect intellectual property belonging to the Russian Federation. The theoretical and practical interest is substantiated by the proposal to introduce changes into the current legislation in this area that would increase the level of protection of the intellectual property of the Russian Federation.

Keywords: government procurement, electronic auction, rights holder, results of intellectual activity, intellectual property, Russian Federation, contract, Ministry of defence, legislation, civil law

DOI: 10.7256/2454-0668.2015.4.66735

Keywords: government procurement, electronic auction, rights holder, results of intellectual activity, intellectual property, Russian Federation, contract, Ministry of defence, legislation, civil law

DOI: 10.7256/2454-0668.2013.4.9170

DOI: 10.7256/2454-0668.2013.4.63055

Abstract: The article is devoted to the legal means of protection of the bases of political order in the Russian centralized poly-ethnical state in the middle of XVII century. The author analyzes the text of the pledge of alliance of the people to the tsar and the Code of 1649. Special attention is paid to the provisions on the protection of personality and status of the king as the key element of the political system. It is compared with the legislation of one of the main foreign political rival of the Moscow kingdom – the Grand Duchy of Lithuania. It is noted that at the turn of the XVI – XVII centuries the legal norms aimed to guarantee the political order of the Russian state become more complicated and were improved within the framework of general strengthening of the centralized states under the influence of political crises and conflicts which often ended up on military clashes, which threatened the very existence of an independent Moscow kingdom. As a result of the abovementioned matters by the XVII century the legal guarantees of political security were established by a rather well-developed system of regulative and law-enforcement norms. The religious pledge of alliance to the king served as preventive means in order to guarantee the political security of the Moscow state. The Council Code of 1649 contained protective provisions, aimed to guarantee the implementation of obligations provided for in the text of the pledge. The author comes to a conclusion that when the Council Code of 1649 appeared the original system of legal protection of political security was finally formed in the Moscow state. It was a complex system which was characterized by the combination of preventive and punitive measures. The system included state law, criminal law, and procedural provisions, which mutually complemented each other. The main objects of political security were personality and status of the tsar. At the same time legal (secular) rules for the protection of political order were much supported by the religious institutions.

Keywords: political order, political security, Moscow state, tsar, religious pledge, the Council Code, system of norm, honor of a king, capital punishment.

DOI: 10.7256/2454-0668.2013.4.8976

DOI: 10.7256/2454-0668.2013.4.63056

Abstract: The article is devoted to the intelligence activities of the USA as one of the types of activity of the American state. The article evaluates the issue of whether foreign intelligence activity, counterintelligence activity, political investigation, internal security guarantees, secret operations activity may be regarded as intelligence activities. The article is based upon the analysis of the American legislation and first of all on such legislative acts a the National Security Act of 1947, Intelligence Reorganization Act of 1992, Intelligence Reform and Terrorism Prevention Act of 2004. The article also discusses the evolution of views on the “domestic security” from the 1950s when it stood for fighting global communist threat to the current time, when the domestic security refers to protection of the US territory from terrorism and other threats.

Keywords: intelligence activities, foreign intelligence, national intelligence, secret service, domestic security, political investigation, secret operation, intelligence information, intelligence community.

DOI: 10.7256/2454-0668.2013.4.8961

DOI: 10.7256/2454-0668.2013.4.63057

Abstract: Social and state security as objects of criminal law protection in the Ancient Russia become legislatively supported much later than such objects as personality and property. It is due to the fact that the priority of provisions for the protection of certain objects follows from certain stages in social development. The ancient Russian people did not clearly distinguish security of state and society. The interests of the state are regarded as interests of a certain collective entity and their violation results in harsh punishment up to capital punishment. However, the interests of both social and state security are legislatively provided for in the very first acts of the ancient Russian state – the treaties between Russia and Byzantium, treaties between Russian and German cities, the Russian Truth, Pskov and Novgorod Judicial Charters, church Charters of the Great Princes. The criminal legal protection includes social security and order (both secular and religious), environmental security, foreign security of the state.

Keywords: perevet, treason, fistfight, cause a fight, security, incendiary, blasphemy, discipline, disorderly conduct, Pskov Judicial Charter.

DOI: 10.7256/2454-0668.2016.5.18280

Abstract: The subject of this research is the normative-legal content of the notion of “crime of terrorist nature”. The analysis of the current legislation demonstrated that it is difficult to precisely assert which crimes are referred to as the “crimes of terrorist nature”. The aforementioned concept is revealed in the Federal Law “On Counteraction of Terrorism”, in which the normative-legal content of the terms “terrorist”, “terrorist activity”, and “terrorist act” carry a descriptive character without reference to precise compositions of crimes provided by the Criminal Code. The author underlines that in fact “terrorist activity” in the presented by a legislator formulation can contain crimes of extremist nature, as well as administrative offences. The author concludes that in the Criminal Code in the articles of special part that stipulate the responsibility for terrorist activity, the legislator provides the lists of crimes; however, these lists of crime in the criminal-legal regard carry an open character, and can be amended depending on their various interpretation. At the same time, for determination of a circle of crimes that requires the anti-terrorist counteractions by the law enforcement authorities, as well as formation of statistical reports, the Decree of The Prosecutor General's Office of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation N 65/11/1 from January 2, 2016 is applied; however, this order is considered as the bylaw normative legal act. For the target counteraction to terrorism, it is required to codify the list of the compositions of crimes that excludes their various interpretation.

Keywords: facilitating terrorist activity, hostage-taking, the concept of counter-terrorism, terrorist crimes, terrorist acts, terrorist activities, terrorism, countering extremist activity, money laundering, terrorism financing

DOI: 10.7256/2454-0668.2016.5.68296

DOI: 10.7256/2454-0668.2016.5.19858

Abstract: The subject of this research is the combination of legislative norms of the Russian Federation and some foreign countries that regulate the legal status of subjects of the state secret legal regime. The goal of this work consists in examination of peculiarities of the legal status of the state classified information regime within the system of special legal regimes of the limited access information based on the comprehensive analysis of legislation, including the types of subjects, their rights and responsibilities. Special attention is given to the collision aspects of legislation regarding the state secret in the aspect of subjects of the state secret legal regime. The main conclusions of the conducted research lie in the following: the established discrepancies of the titles of a number of Articles of the Russian Law “On State Secret” and their content’’; presence of the allowed in special order subjects, which are not reflected in the norms of the aforementioned law; existence of the number of unsolved issues regarding the limitation of rights of a civilian with clearance to the state classified information.

Keywords: state classified information, legal regime of the information, secret, privacy, information of limited access, information law, legal status of the subject, admission, access, limitation of rights

DOI: 10.7256/2454-0668.2016.5.68297

DOI: 10.7256/2454-0668.2016.5.20260

Abstract: The subject of this research is the positions of norms of the Russian criminal legislation that stipulate responsibility for the illegal arms trafficking, as well as the materials of judicial practice associated with implementation of these norms. The object of this research is the public relations, which emerge in committing crimes in the area of illegal arms trafficking. The author carefully examines the efficiency of implementation of the Articles 222,223, and 226 of the Criminal Code of the Russian Federation. Special attention is given to the difficulties of qualification, which face the law enforcement authorities in realization of the aforementioned articles. The author notes that one of the problems of qualification of actions of an individual in accordance with the Article 222 of the CCRF consists in the various interpretation of the content of the objective aspect of the illegal storage and bearing of weapon. The Decree of Plenum of the Supreme Court of the Russian Federation signifies the rules for qualification of actions of an individual in the long-term bearing of arms. It is also highlighted that the controversial moment in qualification of crimes committed using weapon or object used as a weapon lies also pertains to gas pistols. The author concludes that significant gap of the current legislation consists in the absence of criminal responsibility for the theft of weapons, as well as quantitative criteria regarding bearing of weapons, which comprises the subject of crimes in accordance with the Articles 222, 223, and 226 of the CCRF.

Keywords: Subject of crime, Objective side, Criminal responsibility, Qualification, Public safety, Counteraction, Illegal trafficking, Weapons, Crime, Criminal law

DOI: 10.7256/2454-0668.2016.5.68298

Keywords: Subject of crime, Objective side, Criminal responsibility, Qualification, Public safety, Counteraction, Illegal trafficking, Weapons, Crime, Criminal law

DOI: 10.7256/2454-0668.2016.5.20721

Abstract: This article gives the criminal-legal characteristics to the inducement, recruitment, and other involvement of an individual as the alternative actions of the objective side of organization of the extremist community (Part 1.1, Article 282.1 of the Criminal Code of the Russian Federation). Neither the criminal law nor the normative acts of other branches of law reveal the content of the notions of “inducement”, “recruitment”, and “involvement”. Therefore, the aforementioned notions are rather evaluative; their content is not defined by the law or a normative act, but rather specified by the legal practitioner based on the practical circumstances of the criminal case. The author suggests that based on the correlation between extremism and terrorism, the legislator planned the disposition of the Part 1.1 of the Article 282.1 of the Criminal Code of the Russian Federation as the “mirror” disposition of the corresponding Part of the Article 205.1 of the Criminal Code of the Russian Federation. However, despite the similarities of their textual interpretation, the perusal of dispositions of the corresponding articles of the CCRF allows making a conclusion that their conceptual content is diverse. The author notes that the Part 1.1 of the Article 282.1 of the CCRF criminalized the action of an individual aimed at the increase in the number of members of the already existing extremist community, and realization of the first stage of committing a crime that consists in preparation for the crime. The author makes specific propositions regarding the improvement of the current version of disposition of the Part 1.1 of the Article 282.1 of the CCRF.

Keywords: crimes of extremist nature, Supreme Court, instigator, recruitment, involvement, inducement, extremist community, extremism, drugs, psychotropic drugs

DOI: 10.7256/2454-0668.2016.5.68299

Keywords: crimes of extremist nature, Supreme Court, instigator, recruitment, involvement, inducement, extremist community, extremism, drugs, psychotropic drugs

DOI: 10.7256/2454-0668.2014.5.12122

DOI: 10.7256/2454-0668.2014.5.65578

Abstract: This article is dedicated to the analysis of judicial standards, which regulate the policy of classified information pertaining to matters of national security of the United States. The article reveals the policy of assigning different levels of secrecy, as well as the process and conditions under which the term of secrecy can be extended for a documents requiring various levels of clearance. The article also goes over the process established by US legislation of declassifying documents and disclosure of historical materials to the general population, which could not previously be accessed; it demonstrates the role of special commissions created in the United States in order to monitor the protection of secret documents and disclosure of information that has already been declassified. Article is based on the method of historical analysis and the method of analyzing documents. The documents being analyzed in this process are those of US Federal Laws and US Presidential Orders. The scientific novelty of this article is in the fact that the author is first to sum up the experience of the United States over the last decades, pertaining to the area of legislative regulations on protection of information on matters of national security. He also explains the role of Federal Laws and delegated legislation issued by the President of the United States in regulating the process of classifying document of the Federal US Government. The author reveals the role of the Freedom of Information Act ensuring the proper legal protection of information concerning the matters of national security.

Keywords: National security, protection of information, classified information, declassification of documents, executive order, delegated legislation, Federal Law, freedom of information, government official, intelligence service.

DOI: 10.7256/2454-0668.2016.6.19897

Abstract: The subject of this article is the normative legal acts that regulate the work of institutions and organizations that ensure protection to population and territories from the negative impact of natural and technogenic factors. The authors thoroughly examine the peculiarities of registration of the indicated institutions and organizations, which is the primary foundation necessary for the rescue organizations for realization of actions pertaining to the rescue of citizens and property. Special attention is given to the implementation of registration procedures on the regional and local levels. The work explores the existing gaps in legislation, which according to the authors’ opinion, hinder the full realization of registration procedure for the separate types of emergency and rescue organizations. The scientific novelty is defined by the characteristics of peculiarities of the administrative and legal status of institutions and organizations that ensure protection to population and territories from the negative impact of natural and technogenic factors, as well as posing and resolution of the issues of sufficiency of the legal regulation of their work. The main conclusion lies in the fact that for the improvement of organization and work of the objects in question, it is necessary to eliminate the gaps in legislation based on the graded approach towards determination of their legal competence, depending on the presence of certain functions within them.

Keywords: technogenic factors, protection of the population, activities, rescue, regulatory legal acts, security, emergency and rescue units, organization, legislation gaps, order

DOI: 10.7256/2454-0668.2016.6.68551

Keywords: technogenic factors, protection of the population, activities, rescue, regulatory legal acts, security, emergency and rescue units, organization, legislation gaps, order

DOI: 10.7256/2454-0668.2014.5.13148

DOI: 10.7256/2454-0668.2014.5.65579

Abstract: The authors and trademark owners are concerned about the manufacturing and sales of counterfeit products, the scale of which poses a serious threat to the economic security of Russian Federation. The fakes market spans from shoes and clothes, to audio and video devices. The most significant cause for concern is the problem of counterfeit medications. However, there is an opinion among scholars working on this issue that the legal ramifications (stated in section 180 of the Criminal Code of Russia) for the illegal use of registered trademarks do not correspond to the actual public demand for criminal accountability. Within the theory of criminal law, this matter still remains quite controversial; and unfortunately, the consensus is yet to be reached on this issue. In this work, the author attempts to demonstrate the reasons that justify the criminalization of these actions. This research was conducted based on the accumulation of general scientific and socio-legal methods. In solving specific tasks in this research, the following methods were used: statistical, analytical, comparative legal and others. As a result of the conducted research, the author comes to following conclusions: the actions, which violate the legal use of a registered trademark, service mark, the place of origin of a product, or similar marking on a product of same type, give grounds to their criminalization due to their high public risk and their relative commonness. At the same time, the illegal use of a registered trademark symbol with regards to means of individualization that were not registered within Russian Federation, does not provide grounds (conditions) for the criminalization of these actions: section 1225 of the Civil Code of Russia does not define it as a result of intellectual activity, thus it is unclear exactly whose rights are being violated.

Keywords: Public risk, criminalization, copyright holder, rights of a copyright holder, trademark, service mark, product’s place of origin, registered trademark symbol, conspiracy to commit crime, organized crime.

DOI: 10.7256/2454-0668.2015.6.17064

Abstract: This article is dedicated to the retrospective analysis of the legislation of the Russian Empire for actions that would today fall under the category of extremism. The subject of this research is the key positions of the 1845 1845 Code of Criminal and Correctional Punishment and Criminal Code of 1903, representing the prototype of crimes of extremist nature. The author states that actions that fall under the legal definition of extremism are included into the various chapters and sections of the Criminal Code of the Russian Federation. At the same time, majority of them pertain to crimes against the foundations of the constitutional structure and security of the state; against public safety and public order. Advancements in the legislation on responsibility for extremism is directly connected to certain historical eras of development of Russian statehood and establishment of the national legal culture. The author analyzes the norms that set the responsibility for political crimes and crimes against religious beliefs. The article presents the continuity of certain legislative decisions on responsibility for crimes of extremist nature by the legislation of Russian Empire and by modern Russian criminal legislation.

DOI: 10.7256/2454-0668.2015.6.67236

Keywords: Russian Empire, extremism, political crimes, crimes against religion, Criminal Code, pre-revolutionary legislation, criminal association, social order, incitement of hate, riot

DOI: 10.7256/2454-0668.2015.6.17067

Abstract: The subject of this research is the concept and attributes of vehicular crime, which are considered debatable within the theory of criminal law. A special attention is given to the fact that the literature is yet to present a generally accepted definition of these acts. In many ways it is explained by the approach towards the definition of the object of crime – broad and narrow. In the first case, vehicular crime is any crime that involves a vehicle; in the second – when the vehicle is the object of a crime. The author thoroughly examines the aspect of the topic such as the change in the criminal legislation beginning with the enactment of the Criminal Code of RSFSR of 1926. The scientific novelty consists in the fact that the attributes of vehicular crime are determined based on the mechanism of its commission. The author comes to a conclusion that a vehicular crime is a punishable offence, committed in the area of interaction between human and the vehicle that violates traffic safety or use of a vehicle as a complex system, or violation of the conditions of ensuring passive safety of a vehicle during its manufacturing, which carries criminal consequences as provided by law.

DOI: 10.7256/2454-0668.2015.6.67237

Keywords: Transportation, Transportation system, Vehicle, Traffic violation, Traffic safety, Car safety, Object of vehicular crime, Traffic, Vehicular crimes, Classification of vehicular crimes

DOI: 10.7256/2454-0668.2014.6.13504

DOI: 10.7256/2454-0668.2014.6.65739

Abstract: This article reviews the issues of countermeasures against extremism in the Russian Federation and overseas, analyzes foreign legislation, characterizes the authorities who exercise preventive measures in this field. The research was conducted based on the example of USA, UK, France, Germany, Italy, and Japan. The analysis of the foreign experience in fighting extremism demonstrates that many countries have already developed skills of countermeasures against such dangerous socio-political phenomenon. The authors attempt to combine this experience with the purpose of using it for further improvements to Russia’s legislation in the area of counteracting extremist activity. The scientific novelty is expressed in the complex approach towards examining the international law in this regard, as well as the opportunities for implementing the constitutional legal norms of foreign countries into the Russian legislation that would be aimed at countering extremist activity. The authors made the following conclusions: a special attention should be paid to the forming of legislation base, which provides main rights of the citizens in a case of intergovernmental crises; special organizations, which acquire information and devise preventative measures should be established.

Keywords: extremism, legal regulations, legislation, preventative measures, foreign experience, countermeasures, law enforcement agencies, cooperation.

DOI: 10.7256/2454-0668.2014.6.13565

DOI: 10.7256/2454-0668.2014.6.65740

Abstract: This article addresses certain issues pertaining to legal regulation and enforcement with regards to the use of land in the interests of defense and national security. As experience shows, this area has a fairly large number of legal problems and conflicts related to the execution of civil and land legislation, which regulates the use of this type of land. Examination of these key problems in the area of legal relations promotes a search for ways to resolve them and as a result, develop and improve the legislation regarding the use of land in the interests of defense and national security. The author comes to the following conclusions: it is necessary to have a government strategy on the further optimal management of defense and security land that is no longer being used as intended; in resolving specific practical tasks within the frame of military reform, it is essential to preserve the proper status of the defense and security land, as well as undertake the steps towards improving the legal regulation of the use of such land.

Keywords: defense land, security land, legal regime, regulation, state registration of rights, military real estate, law enforcement.

DOI: 10.7256/2454-0668.2014.2.11295

DOI: 10.7256/2454-0668.2016.4.19144

Keywords: list of classification, list, state secret, legal regime of information, secrecy, confidentiality, secret, information of limited access, information law, list of declassification

DOI: 10.7256/2454-0668.2014.4.12634

DOI: 10.7256/2454-0668.2014.2.10975

DOI: 10.7256/2454-0668.2016.4.16894