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Publications of Ostroushko Aleksandr Vladimirovich
Legal Studies, 2022-9
Ostroushko A.V. - On the Need to Improve the Conceptual Apparatus in the Field of Information Infrastructure Regulation pp. 52-61

DOI:
10.25136/2409-7136.2022.9.38806

Abstract: The subject of the study is the existing conceptual apparatus related to the issues of legal regulation of the processes of creation and functioning of a stable and secure information infrastructure in the Russian Federation. It is revealed that there is an insatiable need to analyze the existing legislative innovations in order to improve and develop a comprehensive mechanism for regulating the studied relations. The current normative acts were analyzed for identification of: the presence of a legal interpretation of the terms available in them; consistency of definitions available in different branches of law; correlation of legal definitions with established concepts in the technical sciences; accessibility of understanding of terms for the law enforcer in order to exclude heterogeneous law enforcement. The main conclusions of the study are: improving the mechanism of legislative regulation of activities is an important direction for the creation of a stable and secure information and telecommunications infrastructure; there is no strictly coordinated conceptual apparatus of information and telecommunications infrastructure in Russia; legislative allocation of a single information space of the Russian Federation is overdue, for which criteria have been developed that can be used by the legislator; a proposal has been put forward on the need to adopt a special federal law regulating information and telecommunications infrastructure.
Legal Studies, 2022-5
Ostroushko A.V. - Problems of legal support of the process of introducing a digital profile of a citizen pp. 34-47

DOI:
10.25136/2409-7136.2022.5.38118

Abstract: The purpose of the work is to study the process of conducting an experiment to improve the quality and connectivity of data contained in state information resources within the framework of creating a digital profile of a citizen of the Russian Federation, identifying problems of legal regulation and risks accompanying its creation.To conduct the study, a methodology was used, including an analytical review of the regulatory legal and regulatory-technical base and scientific literature on the subject of the study, a sociological survey of citizens, generalization and systematization of data, the formation of proposals to resolve the identified problems. The novelty of this scientific work is due to the application of an integrated approach to the study of the features and possibilities of developing and using a digital profile of a citizen of the Russian Federation, taking into account current global trends and best practices in this field.   The results of this work can be used in the implementation of initiatives to create and develop a "Digital profile of a citizen of the Russian Federation". In addition, this material may be in demand by the scientific and expert communities for a deeper analysis and research of the prospects for the development and application of the digital profile of a citizen in Russia. The analysis showed that, in general, the legal support of the process of introducing a digital profile of a citizen contributes to the achievement of the national goal "Digital Transformation", in terms of creating an identification platform that includes digital profiles of a citizen and a legal entity. However, the complexity and novelty of the tasks set causes some shortcomings of the legal regulation of private digital issues. Effective and timely activity of the state in the identified areas in the field of administration of the processes of creating and implementing a digital profile of a citizen will ensure significant minimization of most of the existing risks, as well as their consequences.
Legal Studies, 2021-9
Ostroushko A.V. - On the key vectors of legal protection of intellectual rights of the Russian participants of the foreign “megascience” projects pp. 158-173

DOI:
10.25136/2409-7136.2021.9.36404

Abstract: Globalization of scientific research entails a range of complex legal problems substantiated by the organizational aspects of creation and functioning of large research projects, such as the absence of the uniform legal approach towards creating “megascience” project, imbalance between legal force of the norms of international agreements and national norms within the legal system of the accepting country depending on the organizational form of the project. The object of this research is the complex of public relations that influence the building of legal protection mechanism for intellectual rights of the Russians participating in foreign “megascience” projects. Within the framework of this research, the author analyzes the questions of participation of the Russian scholars in “megascience” projects, including the problems of protection of their intellectual rights. The questions are studied in the context of the uniform system of specificity of problem situations that emerge in the course of implementation of “megascience” project. The main conclusion lies in the thesis that indicates the need to provide Russian scientific organizations and individual scholars participating in “megascience” projects with the necessary s methodological recommendations in form of an optimal model of legal protection of their rights and legitimate interests in conducting research within the framework of foreign megascience projects or using “megascience” installations. The activity of Russian scholars engaged in foreign “megascience” projects requires information-legal and organizational-legal support for the effective protection of intellectual rights. The novelty of this work consists in examination of the questions of participation of Russian scholars and scientific organizations in “megascience projects” abroad without reducing it to solely financial and scientific component problem.
Legal Studies, 2021-4
Ostroushko A.V., Timofeeva I.N. - On the need to improve the system of legal regulation of digital assets in the Russian Federation pp. 59-76

DOI:
10.25136/2409-7136.2021.4.35130

Abstract: The relevance of the work is substantiated by heightened interest to digitalization of all sectors of the economy in Russia and the world. This is explained by the fact that the states see an opportunity to earn a competitive advantage and ensure economic stability namely in the new technologies and their rapid implementation in life of the country. This resulted in the development of a range of draft laws aimed at regulating legal relations in the area of digital assets, part of which came into force by 2021. The authors examine the system of legislative regulation of transactions with digital assets, determine its merits and flaws, and carry out comparative analysis with the leading foreign practices. The authors’ special contribution to this research lies in the attempt to develop a unified approach towards understanding the legal nature of digital assets in the Russian Federation, disclosure of the concept and essence of digital assets were revealed, as well as analysis of the promising directions in legislative regulation of digital assets in Russia. The article outlines the problems of regulation of digital assets in Russia, and offers the ways for their solutions. The main conclusions consists in the development of  uniform approach towards the legal nature of digital currencies, description of the specific characteristics of information system the digital assets exist within, as well as substantiation of the need for their legislative consolidation.
Legal Studies, 2019-8
Ostroushko A.V. - Implementation of International and Foreign Experience in Legal Regulation of Financial Technologies in Russian Legislation pp. 8-24

DOI:
10.25136/2409-7136.2019.8.30604

Abstract: At the present time there is a global understanding that long-term sustainable and safe development of financial technologies requires a proper mechanism of their regulation. In the Russian Federation, creation of such a mechanism is still in process. The object of this research is social relations that arise in the course of creation and use of financial technologies. The subject of the research is the acts adopted at the international level (by The UN and EU)as well as legal acts and provisions of a number of technologically developed foreign states in order to analyze their positive experience that may be used in Russian legal regulation of financial technologies creation and use. Based on the dialectical method, the author has used the comparative analysis of national peculiarities of policy implementation in the sphere of social relations resulting from creation and use of financial technologies. The researcher underlines that even though the government understands the need to create a mechanism of legal regulation of financial tehnologies, there is still a need to develop a single policy in this sphere. Based on the analysis of experience of the foreign states, the author gives recommendations on how to improve Russian institutions of legal regulation of financial technologies. 
Legal Studies, 2019-5
Gasanov A.K., Ostroushko A.V. - The USA Experience in Countering an Insurance Fraud pp. 29-35

DOI:
10.25136/2409-7136.2019.5.29679

Abstract: The subject of the study is the regulations of the criminal law of the USA in countering the insurance fraud. A notable feature of the US criminal law is that it consists of the federal legislation and the state legislation, but only 47 states consider an insurance fraud as a crime. The authors have analyzed the dispositions of the criminal law regulations under the study and emphasized the fact that the liability is imposed for the insurance fraud committed by both policyholder and the insurer. The article highlights a certain casuistry of the dispositions peculiar to the US legislation. The authors apply the following methodological methods: a complex of general scientific and special methods of cognition of socio-legal reality. The methodological basis of the research includes the dialectical method with inherent requirements of objectivity, comprehensiveness, historicism, and the specificity of truth. Among the general scientific research methods, the authors apply the methods of analysis, synthesis, comparison, and measurement. The authors apply a rather-legal method as a special scientific method. The authors analyzed the law enforcement practice of the USA in countering the insurance fraud and suggested that special attention should be drawn to the set of its features:there is a detailed description of the features of acts in the criminal law of the USA regarding the insurance fraud; an American lawmaker takes a broad view of an insurance fraud concept and includes the broad list  of acts committed by both policyholder and the insurer; insurance fraud also includes acts of other states and in most cases are liable for exercise of criminal justice; an American lawmaker divides all the acts into crimes and offenses. 
Police activity, 2016-2
Ostroushko A.V., Bukalerov A.A. - On the necessity to improve the legal framework of information security of minors

DOI:
10.7256/2454-0692.2016.2.18077

Abstract: At present, people can’t operate outside the information space. In a huge amount of information, not all the content is secure for users; it is especially topical for the information available to minors. The problem of protecting minors and youth from the negative and, to some extent, immoral impact of information is one of the urgent problems of the current Russian legislation. The article demonstrates the analysis the conceptual documents which form the national policy in the sphere of protection of children from negative information. The authors apply the methods of analysis, synthesis, modeling, prognostication, statistical and sociological methods, the principle of unity of the research subject and the research method, the principle of scientific correctness. The authors conclude that at present it is possible to develop the uniform state policy in the sphere of toughening the liability for the infringement of information security of children. The main directions of this policy should be legislated in the conceptual documents, such as the Concept of Information Security of Minors and the 2016 Doctrine of Information Security of the Russian Federation. The contradictions in the terminology of the existing documents should be eliminated. 
Police activity, 2016-1
Ostroushko A.V., Nikolaev V.V. - On the issue of information and legal regulation of provision of credit services for the population via the Internet

DOI:
10.7256/2454-0692.2016.1.16622

Abstract: At present, microfinancing and credit organizations have become widespread on the lending market. Using the advantages of the Internet, these actors of the financial market overcome territorial borders and try to attract the potential borrowers. With the help of websites, creditors inform the public about the conditions of a cash loan or a micro loan. The research reveals the existing drawbacks of the legislation, connected with the borrowers informing via the Internet. The absence of the list of official websites of microfinancing institutions also causes concern, since it infringes the information security of the person. The author applies the hermeneutical method, the methods of analysis and synthesis, the systems method, the comparative-legal method, and other methods of legal research. The author finds out that the level of information transparency of microfinancing institutions doesn’t conform to the requirements of information security of the person in lending operations. The author formulates the list of general problems of borrowers informing, including the Internet sources usage; their solution can improve the security of microfinancing. Due to the absence of a complex study of information and legal regulation of provision of credit services via the Internet in administrative law, the authors conclude that the development of the institution of legal regulation of borrowers informing is necessary. 
Administrative and municipal law, 2015-11
Ostroushko A.V., Bukalerov A.A. - On the necessity to impose administrative or criminal liability for Internet defamation

DOI:
10.7256/2454-0595.2015.11.16896

Abstract: The authors discuss the provision of appropriate counteractions to the proliferation of the data prohibited by the law, including defamation, on the Internet. This phenomenon has become a serious problem and an information safety threat for almost everyone. Information safety often presupposes certain limits which the state imposes on the information exchange. The existing legal measures for preventing Internet defamation are not enough, since the structure and the ideology of social networks make the existing legal procedures ineffective. The authors apply the methods of analysis, synthesis, modeling, forecasting, the statistical and sociological methods, and the principles of integrity of a subject and scientific correctness. The main conclusion of the research is the thesis about the necessity to develop the system of measures of administrative and criminal liability for Internet defamation. Such measures shouldn’t threaten information rights and freedoms of other subjects of activity in the Russian segment of the Internet, and should be only used for the increase of efficiency of prevention of any amoral or illegal actions. 
Police activity, 2015-6
Lapin A.A. - On the problems of victimological prevention of crimes and the measures of its improvement

DOI:
10.7256/2454-0692.2015.6.17062

Abstract: The recent events demonstrate that criminality is still on the level, threatening the safety of the population. On the base of the analysis, the author concludes that criminality is still dangerous for the safety of the population. The author notes that within the crime prevention system, the work with the victims of crimes (victimological prevention) plays an important role. It is noted that anti-criminogenic potential of victimological prevention is used insufficiently due to several reasons. The research is based on the set of general scientific and special methods of cognition. The methodological basis of the study comprises the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods of research the author applies the methods of analysis, synthesis, comparison, measurement. The comparative-legal method is used as a special research method. The analysis of the work of law machinery and the theoretical scientific works demonstrates that the issue of the use of the potential of victimological prevention is still the problem of today. Its solution is an urgent necessity, since the absence of victimological prevention of its insufficient use reduces the efficiency of prevention of crimes in general. 
Police and Investigative Activity, 2015-4
Golovin Y.A. - About the Possibility of Implementing the Classifier of Functions and Competences of State Authorities in the Activity of the Ministry of Internal Affairs pp. 31-41

DOI:
10.7256/2409-7810.2015.4.16902

Abstract: The object of the present research is the social relations arising in the sphere of information and administrative law in the process of systematization of activities of state administrative authorities based on the science developed classification as well as the social relations arising in the process of implementation of such classification by state authorities, in particular, the Ministry of Internal Affairs. This approach to systematization of functions and competences is quite popular in European countries. Thus, the subject of the present article is the analysis of the classifier of functions of state administrative authorities. According to the author, implementation of such classification will allow to differentiate between competences of law enforcement authorities as well as to conduct an in-depth analysis of performance targets and their accomplishment. A set of general scientific and specific research methods of social and legal nature have been used by the author in the process of preparation of this article. The methodological basis of the research involves the dialectical method including principles of objectivity, comprehensiveness, historicism and specific truth. General research methods used by the author include analysis, synthesis, comparison and measurement. Specific research method used by the author is the comparative law method. The main conclusion of the research is that it is possible to create an overall Russian classifier of functions and competences of state administrative authorities based on the structure and experience of COFOG. The author also emphasizes the need to implement a standard classifier of fucntions and competences by law enforcement agencies. The article has been written as part of the research 'Improvement of legal regulation of  information relations in the system of executive authority (R&D No. 115070810135)' under the guidance of PhD in Law, Associate Professor A. Ostroushko. 
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