Security Issues - rubric Legal support of national security
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MAIN PAGE > Journal "Security Issues" > Rubric "Legal support of national security"
Legal support of national security
Morgun O.V. - Financial security as an object of special (criminal legal) protection pp. 1-9


Abstract: The subject of this research is the norms of the previous and current legislation of the Russian Federation, as well as the works of national experts in the area of criminology and criminal law. The article explores the approaches towards understanding and correlation of the categories “an object of special protection” and “an object of criminal legal protection”; analyzes the legislative and doctrinal provisions on security overall and financial security in particular. An original definition of the concept of “financial security” from the perspective of an object of special (criminal legal) protection is formulated. The conclusion is made that financial security represents the degree of protection of financial system from sources of danger  threatening its integration, as well as orderliness and sustainability of its branches and structural elements, ensured by the activity of subjects on prevention and suppression of such dangers, for the purpose of preservation of the essential characteristics of the system and its sustainable development. The author believes that at the current stage of development of socioeconomic and political relations, there are sufficient prerequisites for the criminal-legal or special protection of financial security as an independent object.
Larina L.Y. - Comparative analysis of criminal legislation of some European countries and Russia in the area of transportation safety pp. 1-16


Abstract: The subject of this research is the current criminal legislation of a number of European countries and Russia in the area of ensuring transportation safety. Analysis is conducted on legislation of the countries with different legal systems (France, Germany, United Kingdom, and Poland). Special attention is given to the norms that determine the elements of specific offenses. The article also analyzes the penalties that can perform a function of ensuring transportation safety. The author draws parallels between foreign and Russian criminal legislation, outlines their strengths and weaknesses. Due to the rapid development of unmanned vehicles, foreign legislation is examined from the perspective of responsibility for harm inflicted by their usage. The author formulates a number of theoretical conclusions along with practical recommendations targeted at improvement of national criminal legislation. It was established that criminal legislation of the countries under consideration contains the norms aimed at ensuring transportation safety, which relate simultaneously to the description of specific offences and penalties thereof. In many countries, the elements of such offences are differentiated in accordance to various legislative acts. In foreign countries, the elements of offences related to damage or demolition of vehicles or other objects of transport infrastructure are formulated as formal, i.e. they do address any consequences as a mandatory element. Stationary platforms, which play an important role in transport infrastructure, serve as the subject of infringement on transport infrastructure objects. It is underlined that the indicated European countries establish stricter responsibility for the alcohol-related transport crimes than the Russian legislation. There are no special criminal legal norms applicable to unmanned vehicles in the considered legislation.
Cheprasov K.V. - National Guard creation as a response to hybrid threats to Russias security pp. 8-19


Abstract: The author analyzes the legal and political aspects of creation of the Federal service of National Guard Troops of the Russian Federation as a factor of counteraction to hybrid threats to Russia’s security. Special attention is paid to the non-classical methods and ways of influence on Russia’s national security. The author analyzes the genesis of G. Sharp’s concept of non-violent political struggle and its role in the contemporary political crises – “color revolutions”. The author studies the structure of “color revolutions”, the peculiarities of using “soft power” in the attempts to destabilize the competitive political regimes. The paper studies the Russian conceptual methods of hybrid wars prevention. The research methodology is based on the multidisciplinary approach combining the analysis of legal and political aspects of the research subject. The author applies general scientific and specific research methods. The novelty of the study consists in the multidisciplinary approach combining the legal and political analysis of the topic in question helping to avoid the cognitive scantiness of a narrow specialization. The proposed analysis is one of the first attempts at understanding the creation of National Guard in Russia. The author concludes that the main purpose of its creation is the state’s will to counteract hybrid attacks on the political system of Russia, including the so-called “color revolutions”. 
Bimbinov A.A., Voronin V.N. - Problems that May Arise in the Process of Qualifying Violent Actions Against Sexual Freedom pp. 9-16


Abstract: The object of the research is the social relations arising in the process of ensuring sexual safety. In Russia sexual safety is ensured by the criminal law in the first place. This includes the Criminal Code provisions that set forth responsibility for crime against sexual health, sexual freedom, sexual integrity, privacy and morality. The biggest threats are violent actions against sexual freedom (articles 131 - 132 of the Criminal Code of the Russian Federation). Thus, the subject matter of this research is the provisions that set forth responsibility for aforesaid crime. The research involves both general and special research methods. These provisions are being analyzed in terms of their correspondence to fundamental categories of the criminal law, requirements of the legal protection and international standards. The main result of the research is the development of a new version of Article 131 of the Criminal Code of the Russian Federation. Based on doctrinal views and results of court and investigative practice, the authors discover that concurrent existence of Article 131 and Article 132 of the Criminal Code of the Russian Federation violates the principle of justice and qualification criteria set forth in these articles should be reviewed. 
Nesterov A. - The virtual sphere vs cyberspace pp. 13-27


Abstract: The object of the research is cyber-security. The subject of the research is the legal nature of the virtual sphere, influencing cyber-security. The author specifies the legal framework of the term “cyberspace”. The article considers the terminological base, related to the category of the virtual “Internet-field”, and its limits, helping with the formation of the terminological basis for the definition of the virtual national jurisdiction. The author raises the issues of security of cyberspace and particularly the problem of the national sovereignty protection. The author considers the role of international law in the definition of legal mechanisms of regulation of actors in cyberspace.  The author applies the historical, comparative and systems methods and the categorical approach. The author claims that legal regulation of the legally significant situations on the sovereign territory of the Russian Federation, and legal maintenance of prevention of attempts or facts and/or consequences of crimes, acts of social chaos and/or infringement of national security with the help of the Internet, committed by foreign elements of the virtual space, requires the creation of a categorial and terminological legal mechanism in the sphere of Internet law. 
Iroshnikov D.V. - Theoretical problems of legal definition of transport safety and adjacent categories pp. 17-29


Abstract:  This article carries out an in-depth scientific analysis of such legal concepts as “transport safety” and “safety of the transport system”, as well as sectoral concepts by type of transport “road-traffic safety”, “navigational safety” and “aviation safety”. The indicated types of safety are viewed based on such criteria and an object of protection, source of threat, as well as cross-system ties with other types of safety. The research demonstrates the vast differences between the objects of protection and sources of threats in these concepts. The methodology of this work consists in the method of formal logics, which allowed determining logical contradictions in the conceptual-categorical apparatus of transport safety, as well as systemic method for conducting systemic analysis of these types of safeties. The author makes a conclusion that the Federal Law “On Transport Safety” underlies anti-terrorism legislation, and is aimed only at combating acts of illegal intrusion into functionality of the transport system. Therefore, the legal definition of transport safety is also severely narrowed and includes one aspect from the multifaceted transport safety.
Belyaeva G.S., Belyaev V.P. - Formation and development of legal regulation of national security in pre-revolutionary Russia pp. 23-35


Abstract: Using historical and legal analysis, the authors analyze sources and documents to study formation and development of legal regulation of Russia’s national security before revolution. The authors determine the key periods of formation and development of legal regulation of national security, demonstrate distinctive features and peculiarities of each of them. While studying the development of legal regulation of national security, the authors detect correlation between the result of formalization of the elements of national security provision and the recognition and systematization of national security threats by the state at a certain stage of its development. The authors use the set of genera scientific methods and techniques of logical cognition: analysis (including the historical-legal) and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. This study has both theoretical-conceptual and historical-legal nature. It is a complex interdisciplinary study aimed at establishing common approaches to the understanding of evolution of legal regulation of national security in general and the mechanisms of its provision in the Russian state during the pre-revolutionary period. The results of this study can be used for the solution of issues of legal coverage of national security in contemporary Russia. 
Lipinsky D.A., Musatkina A.A. - Social danger of an offence in scientific and legislative definitions in Russia and in foreign countries pp. 24-44


Abstract: The article examines social danger and its characteristics based on legislative definitions of an offence in different countries. It offers a comparative and legislative analysis of the concept of "offence" based on regulatory legal acts of different countries. The authors assert that all offences but not only crimes can be characterized as socially dangerous. A conclusion is made that a punishment which exceeds a criminal punishment can not be imposed if an offence does not involve social danger. To a certain extent we can judge about the nature and degree of social danger by the type of sanctions and the amount of adverse abridgment of rights that shall be imposed on the entity that has violated the legal norm.The purpose of this article is to corroborate the presence of the social danger characteristic not only in one type of offences – a crime, but also in different types of offences by using legislation of Russia and other countries. Methods of research. A dialectical approach was applied in the process of the research, based on which the phenomena and notions were defined in their integration and interconnection with social relations. The historical legal, formal legal, comparative legal methods were used.
Andreev A.F. - Topical issues of the methodology of the security objects category study in anti-terrorist legislation of the Russian Federation pp. 26-40


Abstract: The article studies the objects of legal protection of the Federal Law “On Combating Terrorism” in the context of the “security objects” category with account for the specificity and the nature of the subject of administrative, civil and criminal law and forensic psychology. In order to ensure the internal consistency of the law and the correlation of its provisions with the Combating Terrorism Concept, the National Security Strategy and the federal law “On Security”, the author substantiates suggestions and recommendations aimed at the improvement of articles 3, 11, 17 of the federal law “On Combating Terrorism”. The research methods include modeling, analysis, synthesis, the system-structural, formal-logical, theoretical and prognostic and special method of jurisprudence and interpretation of law. The scientific novelty of the study consists in the specification of conceptual and category framework, improvement of legal constructions of the law and harmonization of the elements of legislation in the sphere of combating terrorism. The results of the study can be used by the authorized subjects responsible for legislation enforcement. 
Adylova N.A. - Combating extremism within penitentiary system of the Kyrgyz Republic pp. 27-32


Abstract: This article examines the questions of counteraction within penitentiary system of the Kyrgyz Republic. Extremism, as a negative and dangerous occurrence, requires application special countermeasures. Determination, neutralization and prevention of dissemination of extremist in penitentiary facilities increases its relevance. First and foremost, it is associated with the specificity of correctional facilities. The number of persons sentenced for crimes of extremist nature increases in Kyrgyzstan with each year. This is evident in the reports provided by the State Penitentiary Service of the Kyrgyz Republic to the National Statistical Committee. It is a know fact that the penitentiary environment is a “fruitful” soil for distribution of extremism. The following steps need to be taken for its prevention: address the issue of overcrowdness in the facilities; bring to order conditions of inmate housing; train qualified personnel in the area of theology; rout out corruption in the penitentiary system. Presence of all these things currently impede the efficiency of implementation of the policy on prevention of extremism.
Agamagomedova S. - The effectiveness of customs control as a factor of safety provision pp. 34-42


Abstract: The research object is the correlation of concepts “customs control” and “safety”. Despite the fact that customs agencies are traditionally considered as government agencies, ensuring public and state security, the issues of correlation between customs control and safety provision haven’t been studied sufficiently enough. The author presents her own position on the definition of the correlation of security and effectiveness of customs control. The author pays attention to the fact that at present, the issues of personal safety, the safety of the society and the state in customs regulation are especially important, since they appeal to the constitutional rights and personal freedoms. The author applies general scientific (analysis, synthesis, systematization) and special (formal-legal and comparative-legal) research methods. The author comes to the conclusions about the correlation of customs control, its effectiveness and safety. Firstly, the author states that safety provision is the fundamental principle and the aim of customs control. Secondly, the effectiveness of customs control is considered by the author as a factor of safety provision. Consequently, the provision of the necessary level of safety is the most important criterion of the effectiveness of customs control. 
Sidorkin A.I. - White Sea Canal: the experience of ensuring transportation safety under the conditions of the first confessional agreements of the Moscovian State of the XVI-XVII centuries pp. 40-52


Abstract: The subject of this article is the problems associated with ensuring transportation safety n the Moscovian State of the XVI-XVII centuries. The author examines the conditions and causal links that influenced the choice of certain measures for ensuring transportation safety. Analysis is conducted on the new to the Moscovian State practice of granting administrative monopoly on ensuring transportation safety to meet the interests of the representatives of certain foreign countries and corporations. The factors substantiating the implementation of administrative monopoly are explained. The algorithm for resolving the cases associated with infringement on the security of English transports in the Moscovian State is described. The scientific novelty of this research consists in determination of noncompliance of the goals of ensuring transportation safety that were claimed in the normative documents (Charters of the Russian tsars of the XVI-XVII centuries) with the actual capabilities and practice for its provision. The conclusion is made that the guarantees of the English sea transportation indicated in the charters of Moscovian tsars should be viewed merely as the declaration of good intentions, rather than factual help. The comparative legal analysis of archival documents allows establishing the fact the English kings interpreted charters of the Moscovian tsars on their own behalf, granting the English nationals the rights and privileges in the area of transportation safety.
Deryugin R.A. - Criminalistic and procedural issues of investigating activities, specified in the article 186.1 of the Criminal Procedure Code of the Russian Federation pp. 43-48


Abstract: The article considers certain tactical, criminalistic and procedural aspects of acquisition of information about the connections between subscribers or subscribers’ units, and presents the researchers’ opinions about the concept of “integrity” in relation to such investigating activities. The author analyzes the structure of stages of this investigating action and offers the recommendations for the improvement of its effectiveness. The author notes the importance of the results of this investigating action, since the information about subscribers and their connections is of a particular importance for criminal cases investigation. The author applies the set of general scientific and special research methods, including the normative-logical method, the system method, analysis, synthesis, deduction, induction and other research methods. The scientific novelty of the study consists in the fact that this research is devoted to the peculiarities of acquisition of information about the connections between subscribers and (or) subscribers’ units. In the context of the development of the information society, in which the means of communication can be used not only be law-abiding citizens, but also by criminals, the investigating action, specified in the article 186.1 of the Criminal Procedure Code, helps law-enforcement agencies effectively realize the priority areas of activity, such as the investigation and the solution of corruption crimes, organized crimes and other grave and especially grave crimes. 
Sidorkin A.I. - Formation of legal framework for transportation safety in Ancient Rus pp. 53-67


Abstract: The subject of this research is the problems of ensuring transportation safety at the initial stage of establishment of Ancient Rus’. The author explores the origins of formation of the national legal framework for ensuring transportation safety; as well as describes the transition from extralegal means of ensuring transportation safety (physical armed defense of the subjects of transport relations) towards legal regulation of this issue. The platform of transportation safety of that time was based on the variety of transportation services, first and foremost, international. Emphasis is made on the natural-climatic conditions, due to which the East Slavs put the problem of ensuring safety of water transportation to the forefront. Application of the narrative method of research allowed structuring a logically consistent image of the formation of legal framework for ensuring transportation safety in its historical development. The comparative legal method allowed analyzing the processes of formation of legal framework for ensuring transportation safety in the countries that dealt with Ancient Rus’ in this field. The author supports an opinion on infeasibility of juridification of relations in the area of transportation safety in the pre-state period; only with the emergence of state institutions in the territory of East Slavs, they take on the functions of legal protection of the subjects of transport relations. The first international agreements of the Kiev State and the Novgorod Feudal Republic confirm this conclusion.
Savchenko D.A. - Political and Legal Nature and Customs of War in Ancient Rus pp. 60-70


Abstract: The subject of the research is the judicial description of the war as a social phenomenon that has been widely spread since the medieval Rus of the 9th - 13th centuries. The aim of the research is to define ideas of the Ancient Rus' society on the political and legal nature of the war, factual and formal grounds thereof, rules for starting and stopping a war. Savchenko analyzes traditional treatment of the conquered and captives, safety measures undertaken during negotiations or conclusion of peace treaties. The author pays special attention to the regulation of relations in military teams and attitude to treachery. The methodology of the research is based on a combined use of dialectical, functional and historical research methods. The source of information is the Ancient Rus annals as well as medieval chronicles. As a result of the research, the author concludes that in the Ancient Rus the war (rat') was thought to be a common forced means of legal defense of political actors' interests. The war was considered to be 'fair' when it was started as a response to the violation committed by the other party and certain rituals of starting and stopping a war were observed. The novelty of the research is caused by the fact that the author considers this matter for the first time in the academic literature on history, law and national security. 
Litvinov I.M. - Legal Regulation of Using Technical Intelligence Equipment in France pp. 71-78


Abstract: In 2015 - 2017 the French Republic was shaken by a series of terrorist attacks and hundreds of deaths. Of course, those crimes happened for many reasons including imperfection of the national security system. One of the steps towards improving the national security system was the expansion of competences of the French police and internal intelligence agencies to restrict a constitutional right to personal privacy in France. The methodological basis of the research implies the dialectical research method, systems analysis, formal law and comparative law methods, etc. The novelty of the research is caused by the fact that the author describes a French model of restriction of rights to negotiation secrecy as well as particularities of control over activity performed by special services and law-enforcement agencies in this sphere. The author concludes that presently France practices two mechanisms of restriction of the right to personal privacy, administrative mechanism (interceptions administratives, interceptions de sécurité) and criminal procedure (interceptions judiciaires). Noteworthy that the procedure of administrative seizure and the mechanism of control over using technical intelligence equipment for administrative purposes create grounds for abuse of the law by French law-enforcement agencies and special services because they could interefere with negotiations or talks of any individual disregarding the fact whether there is a proof of his or her implication in a crime. 
Chirkov D.K., Korchagin O.N. - Crimes in the sphere of illegal drugs trafficking: the modern criminological view pp. 75-114


Abstract: The article considers the criminological characteristic of the modern tendencies in the sphere of narcotic drugs and psychotropic agents trafficking. The research object is illegal trafficking of drugs as a negative social phenomenon, and the state and society activities directed at an effective struggle against narcotization of population and combating drugs trafficking. The research is aimed at studying and defining of the main characteristics of crimes in the sphere of drugs trafficking.The research subject includes the cultural heritage, the existing penal legislation, statistical data and scientific and educational literature on the issue of the study.  Alongside with the general scientific methods the author uses the logical, historical, comparative-legal, system-structural, statistical, sociological (questioning, interview) and other methods.The methodology of the research is based on fundamental categories of dialectical materialism – the negation of the negation, the transition of quantitative into qualitative changes, and the philosophical categories of the general, the peculiar and the singular, the cause and the consequence, and some others.The scientific originality of the research consists of the fact that the work considers the peculiarities of crimes in the sphere of illegal drugs trafficking, their heaviness and consequences. Moreover, the article describes these crimes specificity and dynamics. The research reveals the new data about the criminological determinants of the crimes considered. On the base of the results of the experts interviewing the author makes the conclusions about the efficiency of preventive activities. 
Todorov A.A. - Criminal law characteristics of the elements of the crime of piracy in the Criminal Code of the Russian Federation. pp. 133-154


Abstract: The article contains evaluation of the definition of piracy and the attempt to analyze the current wording of the article of the Criminal Code of the Russian Federation, establishing responsibility for piracy. The author provides analysis of objective and subjective elements of the crime of piracy, providing an evaluation of the norm of criminal law on piracy in the Russian legislation, pointing out its defects, and making propositions on its possible improvement, offering a new wording of the Art. 227 of the Criminal Code of the Russian Federation.
Pivanova A.V. - Improvement of Russian legislation in sphere of oil and gas mining in the continental shelf. pp. 141-152
Abstract: Article is devoted to the improvement of Russian legislation in the oil and gas mining in the continental shelf, as well as to comparison of legal regulation of oil and gas mining in the continental shelf in Brazil and Russia. This issue is topical due to the strategic value of oil and gas industry for both Brazil and Russia, and therefore this industry should be legally regulated in accordance with the modern tendencies in the oil and gas sphere. 
Stepanenko V.S. - Concerning the Need in Laws Regulating Treatment of Packaging and Packaging Materials pp. 160-181
Abstract: Packing industry in Russia has been practically formed as a branch but its legal status is still needed to be fixed legally. It would guarantee a necessary state support, provide a methodological support which is missing now and overcome the notable disbalance between possibilities of the packing industry and its scientific basis, equipment and raw material provision. In this regard, the author f the article analyzes the worldwide trends in the sphere of treatment of packaging waste from the point of view of environment, economics and law as well as the laws and standards regulating the treatment of packaging waste in Russia including the Moscow Region. Based on teh analysis of foreign and Russian experience, the author proves that it is certainly necessary to make an individual law regulating the treatment of packaging waste. Implementation of the above mentioned legal system in Russia would allow to solve nettlesome issues of the packaging industry which has started to form as a branch of industry back in mid 90's of XX century. Taking into account that this is quite a new approach for Russia, the author suggests to develop the draft law for Moscow on Packaging and Packaging Materials. It would allow to evaluate mechanisms of the federal draft law at the level of the Russian Federation constituents and local goverment and develop necessary additional acts as well as to get enough experience to further introduce this law in another regions of Russia. 
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