DOI: 10.7256/2454-0706.2022.5.34415

Abstract: The author of the article considers the problem of the correlation of such areas of legal science as criminal sociology, criminology and sociology of criminal law. There is still no consensus in the modern doctrine regarding the place in the system of legal science and the subject of these areas. Thus, some scientists identify criminal sociology with criminology, and others - with the sociology of criminal law. With the help of the historical and legal method, the author demonstrates the development of the sociological trend in Western and domestic legal thought, which took shape at the end of the XIX century in criminal sociology (in Western science - criminal sociology), or criminology.   Using logical and comparative methods, the author comes to the conclusion that the term "criminal sociology" is synonymous with criminology, which was used in Russian science at the end of the XIX century. The sociology of criminal law became the subject of scientific discussions already in the Soviet legal science in the 1970s and 1980s. The author joins the position of scientists that the sociology of criminal law serves as a section of criminal law, but states the absorption of criminology research issues included in the field of sociology of criminal law. The expediency of distinguishing the subject areas of criminology and sociology of criminal law is noted, leaving behind the latter the social conditionality and effectiveness of criminal norms, the improvement of criminal law and the practice of its application.

DOI: 10.7256/2454-0706.2022.5.37501

Abstract: The subject of the study is criminological, historical, legal and international legal aspects of regulating the turnover of seeds of the oilseed food poppy Papaver somniferum Linnaeus and the problems of qualifying the facts of the presence of an admixture of poppy straw in their composition. The global indicators of the public danger of illicit trafficking in opioids and domestic indicators of the state of drug crime during the period of the ban on the cultivation of oilseed poppy are analyzed. The materials of judicial practice were studied in order to establish the formalized grounds for the legal assessment of the presence of a weed impurity in the form of poppy straw in specific legal relations in the composition of the food poppy product. The provisions of state standards on the quality of food poppy in the context of competition resolution of technical regulations and criminal procedure legislation are considered.    The absence of uniform law enforcement decisions has been established when, under comparable circumstances, an admixture of poppy straw in the composition of a food poppy is recognized as a commodity as the subject of an administrative offense, a narcotic as the subject of a crime or as a set of objects of crimes – narcotic drugs in the form of natural alkaloids of the narcotic drug itself. On the basis of the UN Convention of 1961 and the resolutions of the Supreme and Constitutional Courts of the Russian Federation, proposals were made to exclude the provisions of legal fiction from the legislation in the field of drug trafficking regulation and to improve criminal legislation in terms of clarifying the content of the concepts of mixture and drug.

DOI: 10.7256/2454-0706.2022.5.27178

Abstract: In the context of the constant complication of civil turnover and the changing legislative regulation in this regard, the problem of guarantees of the inviolability of property is of serious importance. This situation is further complicated by the fact that a certain imbalance in the formed structure of the civil turnover of property rights is being introduced by large-scale socio-political projects, which include, in particular, the Program of Renovation of the housing stock in Moscow, initiated in 2017. This article reveals the prerequisites for the start of the housing renovation program in Moscow, analyzes the provisions of the first edition of Bill No. 120505-7, which introduces large-scale changes to the current regulation of civil, land, housing and urban development relations in connection with the renovation program. The scientific novelty of the article is determined by the specifics of the problem under study, which has not yet received proper understanding in the Russian legal science. The author attempts to systematically present a critical analysis of the first version of the renovation bill, highlight the main amendments and evaluate them from the point of view of eliminating gaps and contradictions. The key aspects of criticism of this draft law are noted, as well as the amendments made to the current version of the Law are evaluated for their sufficiency to eliminate gaps and contradictions identified in the first version of the bill. Conclusions are also drawn regarding potential areas for improving legislation on the renovation of housing stock in Moscow.

DOI: 10.7256/2454-0706.2022.5.32024

Abstract: This article is devoted to the analysis of the content of state organizations' social networks with the example of the CEC of Russia and an attempt to conduct a scientific study of the current tools offered by social networks for building a communicative connection ("power-citizen") and the formation of the image of a state organization. The subject of the study was the CEC of Russia’s communication strategy and presence on selected social networks. An analysis of the actors influencing its creation and implementation was carried out, as well as a study of the audience (target and real) for which information is produced and the formats of interaction with it. When writing the work, the author used the method of content analysis and Integrum monitoring systems to collect statistical information about the reactions of Russian Internet users to the activities of the CEC of Russia. Due to the development of social media algorithms and the increase in their users, there is a request for research describing current processes and changes in society. The specificity of modern society is that there is a formal erasure of borders and simplification of interaction between the state and the citizen, while it is implied that this process is mutually beneficial. The authorities are gaining new tools to influence citizens and new opportunities to form a positive image. Citizens have received a channel to express opinions and direct dialogue with the authorities, especially with regard to expressing dissatisfaction with the government's response to society’s social and political demands.

DOI: 10.7256/2454-0706.2022.5.38162

Abstract: The subject of research of this article is the norms of substantive and procedural law governing the activities of the arbitration manager in the framework of bankruptcy procedures, as well as law enforcement practice for the organization of such activities. The object of the research is the legal relations arising in the bankruptcy proceedings in order to improve the debtor's financial health, achieve a balance of interests of all participants by endowing the arbitration manager with a special professional competence established by the bankruptcy legislation. The author reveals the contradictions that arise between theoretically fixed normative provisions and their practical implementation. The features and problems in the activities of the arbitration manager associated with the lack of legal regulation of the fundamental aspects of the activities of such a professional entity are identified. To conduct the research, the author used a methodology that includes an analytical review of regulatory legal and scientific literature on the subject of research, generalization of data, and the formation of proposals to resolve the identified problems. The main conclusions of this study concerned the importance of the institute of arbitration management, the legal status of the arbitration manager, the criteria of his interest in the legal relations under consideration for a balanced assessment of existing legislation, its problems and prospects for development in order to overcome the legal vacuum in the area under study. The result of the work is the original author's suggestions and recommendations. In particular, the definition of arbitration management is formulated; it is proposed at the legislative level to adopt a single Federal Law on the legal status and activities of arbitration managers, to create a state system of professional training of arbitration managers.