Security Issues - rubric Legal support of national security

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.

DOI: 10.25136/2409-7543.2020.4.34100

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.

DOI: 10.25136/2409-7543.2021.3.36255

Abstract: The object of this research is the legal relations that emerge in the context of implementation of measures for ensuring cybersecurity. Characteristic is given to the provisions of the normative legal acts of Thailand in the sphere of cybersecurity. The article author explores the peculiarities of such policy and regulatory documents as Thai National Cybersecurity Strategy for 2017–2021, Policy and Plan for National Security (2019–2022), Cyber Crime Act of 2007 (revised in 2017), Criminal Code of 1956 (revised in 2019), Personal Data Protection Act of 2017, and Cybersecurity Act of 2019. The author reveals the peculiarities of normative legal mechanism for ensuring cyberspace security in Thailand. In its policy documents, Thailand does not determine the major information threats in domestic and foreign spheres or the priorities in the development of cybersecurity system, but rather outlines the range of national interests and sets the tasks may propel it to the regional leadership. The laws are elaborated with consideration of the latest trends in the sphere of information technologies,, and include in the scope of regulation such questions as the protection of personal data, computer and information systems, and critical information infrastructure. The vertical framework of state administration and monitoring, as well as the range of powers of the competent bodies are established on the legislative level. In the sphere of protection of personal data, Thai legislation extensively duplicates the provisions of the General Data Protection Regulation of the European Union. A distinctive feature of the normative legal acts consists in legal substantiation of restriction of human rights and freedoms in the context of implementation of such provisions.

DOI: 10.7256/2409-7543.2016.2.18849

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”.

DOI: 10.25136/2409-7543.2018.6.28135

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.

DOI: 10.7256/2409-7543.2015.4.16743

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.

DOI: 10.25136/2409-7543.2020.1.31878

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.

DOI: 10.25136/2409-7543.2022.3.37368

Abstract: The article is devoted to theoretical and applied research of law enforcement activities of subjects of crime prevention. The subject of scientific knowledge are the norms of criminological legislation and subordinate normative legal acts; the practice of implementing these norms by relevant subjects, as well as scientific approaches to theoretical understanding of law enforcement, factors and indicators that allow improving efficiency in the field under consideration. The aim of the work is a comprehensive empirical study of the effectiveness of law enforcement in the field of preventive criminological activity and the development of a specific mechanism for its optimization. The methodological basis of the study was made up of general scientific methods of cognition (logical, system-structural, generalization, analysis, synthesis) and a number of private scientific methods, namely statistical, sociological, nomotetic, based on the author's methodology for calculating qualitative and quantitative indicators of the state of crime and law enforcement activities implemented in the field of crime prevention. The novelty of the work lies in the fact that on the basis of the conducted research, new empirical data were obtained regarding the effectiveness of law enforcement activities of prevention subjects. The results obtained made it possible to identify the reasons for the low productivity of this activity, which should include not only certain contradictions and shortcomings of preventive legislation, but also existing defects in legal implementation techniques, distortions towards formal law enforcement and repressive practices. The main forms and methods of work of subjects of criminological prevention, the level of interaction between various bodies and subjects of crime prevention are analyzed, which made it possible to identify gaps and shortcomings of legal regulation of this activity and to form the main directions for its improvement. The scope of application of the results obtained is the practical activity of the subjects of crime prevention, as well as the conclusions and suggestions obtained can be useful for further improvement of the norms of preventive legislation.

DOI: 10.25136/2409-7543.2021.3.36378

Abstract: In the light of the ongoing state administration reform, it is relevant to examine the state legal mechanism for ensuring environmental and technogenic security as the types of national security. The subject of this research is the definition of the concept and structure of such mechanism, which is an essential condition for ensuring the protection of favorable environment; observance of the interests of citizens and legal entities, society and the state; prevention of threats of natural and technogenic emergency situations; and minimization of the consequences of such situations. On the institutional level, the state legal mechanism for ensuring environmental safety represents the system of governing institutions assigned with the implementation of the key directions and mechanisms for ensuring environmental and technogenic safety; as well as private and legal entities, whose legal status includes the rights and responsibilities in the sphere of ensuring environmental and technogenic safety. On the technological level, the state legal mechanism is characterized by the types of legal activity. On the instrumental level, it represent a set of means and methods at the disposal of the entities. The scientific novelty of this research lies in examination of the essential aspects of the state legal mechanism for ensuring certain types of national security, as well as in formulation of the concept of the state legal mechanism applicable to ensuring environmental and technogenic safety, the absence of which impedes the assessment of the effectiveness of such mechanism in relation to protection of identity, society, and the state from environmental and technogenic hazards, threats and conflicts. The conclusion is made that a range of problems arises in the context of formation of the state legal mechanism for ensuring environmental safety: the existing model of state regulation of greenhouse gas emissions, which is based on voluntary inventory, obstructs the acquisition of information on the volume of greenhouse gas emissions by the administrative authorities; the created information systems in the sphere of environmental security are not an effective mechanism for achieving the goals of the Strategy of Environmental Security; there is certain inconsistency in environmental surveillance regulation.

DOI: 10.25136/2409-7543.2017.4.23446

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.

DOI: 10.7256/2409-7543.2015.3.15941

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.

DOI: 10.7256/2409-7543.2016.4.19860

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.

DOI: 10.25136/2409-7543.2019.3.30104

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.

DOI: 10.7256/2409-7543.2016.5.20368

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.

DOI: 10.25136/2409-7543.2023.3.43748

Abstract: This article is based on the results of the historical and legal analysis of sources and documentation, which investigated the concept and structural features of the legal regulation of national security. The article identifies concepts and approaches to the formulation of the concept of "national security". The historical cross-section of the formation of the legal regulation of Russia's national security programs has also been studied. Method, methodology of the study. In the process of working on the article, relevant research tools and techniques of the general scientific type were used, as well as such methods of scientific cognition as analysis (including historical and legal, synthesis, method of abstraction and modeling, system-structural approach, functional and formal-logical methods). Thanks to the use of a system-legal approach, it became possible to build a hierarchy of existing regulatory legal acts that perform the role of regulators in matters of national security of the Russian Federation. The issues of protecting the security of the state and strengthening it serve as the foundation for protecting the vital values of the country and its interests. Due to the increase in the level of military threat and tension since 2014, as well as the intensification of this threat since the beginning of a special military operation in February 2022 by Russia in Ukraine, there is an objective need for an operational, strategic response of the state system to new military challenges and threats to the national security system of the country. The threat is the strengthening of destructive tendencies in the activities of Western states, the formation of foreign military-power infrastructure formations near the Russian borders, which can be considered as a source of risk and a possible springboard for future military operations. There is also such a type of threat as a sharp decrease in the pace of international cooperation, cooperation in various areas. Against this background, the author of this article proposes the development and adoption of a new federal law "On national Security" for the Russian Constitution.

DOI: 10.25136/2409-7543.2020.3.33530

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.

DOI: 10.7256/2409-7543.2016.5.20396

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.

DOI: 10.25136/2409-7543.2022.4.39109

Abstract: The subject of the study is the legal support of the anti-corruption activities of the Ministry of Internal Affairs of Russia. In conjunction with the provisions of the National Anti-Corruption Plan for 2021-2024 and the general rules of strategic planning, the authors consider management decisions of an anti-corruption nature, the main priorities of the anti-corruption strategy and the specifics of its implementation. On the basis of a combination of general scientific and private scientific methods, the authors investigated the ratio of the general and special level of managerial anti-corruption decisions, revealed the features of the participation of the Ministry of Internal Affairs of Russia in combating corruption. A number of areas where these solutions are in maximum demand are identified, organizational, personnel and methodological solutions are differentiated. The novelty of the study lies in the fact that the authors considered the preventive potential of law enforcement and control activities of the Ministry of Internal Affairs of Russia, proposed indicators for the development and implementation of anti-corruption management decisions, revealed the features of their structure. Combating corruption, identifying and eliminating the causes of its occurrence is included in the list of the main directions of crime prevention. The authors focus on the features of assessing and predicting criminogenic factors related to corruption manifestations. the application of special measures for the prevention of offenses in accordance with the norms of current legislation. The stages of adoption, execution and publication of the results of anti-corruption management decisions of the Ministry of Internal Affairs of Russia are highlighted.

DOI: 10.25136/2409-7543.2022.1.36744

Abstract: The object of the study is public relations in the field of the use of genetic technologies and their impact on human and civil rights and freedoms, ensuring the security of society and the state. The subject of the study is the provisions of international law, the legislation of the Russian Federation in the field under consideration, the norms of Russian and international law in the field of criminal law protection of relations that may be jeopardized by the use of genomic technologies. The authors draw attention to the fact that the existing legal system does not fully solve the tasks of ensuring the security of human and civil rights and freedoms, society, the state, environmental protection from dangerous encroachments using advances in the field of genetics. The results of the study are based on formal logical and general scientific methods of scientific cognition, a systematic approach. In addition, private scientific methods: formal legal, comparative legal method of legal interpretation. The main conclusions of the study are the following provisions. Potential threats that pose a danger to human life and health, ensuring the safety of society and the environment have been identified. Potential risks may arise in the field of human genetic research, genome editing technologies of various organisms, illegal collection and use of genetic information about a person, the threat of the development and use of genetic weapons as a type of biological weapon, in the field of regulating the activities of DNA laboratories, the use of genetic material for cloning and the use of human embryonic material. As a solution, it is proposed to use the positive foreign experience indicated in the work, the ideas of domestic authors and also the author's proposals for improving the legal regulation of the sphere in question. The novelty of the study lies in the fact that actual and potential risks are identified that pose a serious danger not only to individuals, but also to society as a whole. Legal solutions for their elimination are proposed.

DOI: 10.25136/2409-7543.2023.3.44085

Abstract: The subject of the study is the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation (Rehabilitation of Nazism), and the judicial practice of its application. The purpose of the study was: substantiation of the need to consolidate this article in the Criminal Code of the Russian Federation; identification of problems of qualification of this crime by courts based on judicial practice; proposals for their resolution and delineation from related crimes, development of recommendations for optimizing the legal norm. When writing the article, general, general scientific, private scientific and special research methods were used. Turning to the debatable issue of the need to criminalize this act, the authors cite various points of view regarding the appearance of this article in the Criminal Code of the Russian Federation, note the inherent shortcomings of the legal norm itself. Particular attention is paid to the categorical apparatus of the article, terminology, and delineation of the crime in question from other crimes. The problem of the location of this article in a special part of the Criminal Code of the Russian Federation is considered separately. The main conclusion that the authors came to as a result of the study is the need for this memorial law in the criminal law of the Russian Federation, as one of the factors of ensuring the security of the state. The shortcomings of the legal technique of the article under consideration are revealed, ways of solving them are proposed, the position on the inclusion of Article 354.1 of the Criminal Code of the Russian Federation in Chapter 29 of the Criminal Code of the Russian Federation (Crimes against the foundations of the constitutional system and state security) is substantiated. Practical measures aimed at optimizing the effectiveness of this criminal law norm are proposed.

DOI: 10.25136/2409-7543.2020.3.32970

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.

DOI: 10.25136/2409-7543.2018.1.25181

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.

DOI: 10.25136/2409-7543.2023.4.69008

Abstract: The authors analyze the main determinants of the spread of the ideology of Nazism among young people. The authors consider general social and special criminological measures for the prevention of criminally punishable manifestations of the ideology of Nazism. In the modern period, the spread of the ideology of Nazism is characterized by a high social danger, therefore, the development of a set of measures aimed at preventing it is of exceptional importance. To date, there are a number of legal instruments designed to punish persons who share Nazi views and implement them in concrete actions. However, the legal provision for the prevention of manifestations of socially dangerous behavior is not characterized by completeness and does not have a full-fledged basis. The general structure of criminological prevention of the spread of the ideology of Nazism has not been developed either. The authors substantiate the modern concept of its implementation. In the course of the study, standard general scientific and private scientific methods were used: formal-logical, system-structural, comparative-legal. Scientifically based recommendations aimed at clarifying the boundaries of preventive activities are formulated. It is proposed to use general social, special criminological and individual preventive measures to prevent manifestations of the ideology of Nazism. Special emphasis is placed on the information and propaganda and counter-propaganda vectors of prevention. The authors draw attention to the fact that the need to improve the criminological prevention of manifestations of the ideology of Nazism among young people is due to the lack of legal certainty in the provisions of the law regulating the conditions for criminal prosecution, the lack of an organized system of preventive impact, general unfavorable trends in the spread of the ideology of Nazism among young people. At the same time, it is quite important to distinguish between imitation of preventive activity and its actual implementation. In this regard, the authors substantiate the important role of patriotic education of young people.

DOI: 10.25136/2409-7543.2023.3.38481

Abstract: Based on scientific sources and practical experience, the article examines problematic issues of criminalistic support for the disclosure and investigation of crimes related to the occupation of a person of the highest position in the criminal hierarchy. The subject of the study is some features of the identification, disclosure and investigation of the crime provided for in Article 210.1 of the Criminal Code of the Russian Federation. The object of the study is public relations arising in the process of countering organized crime, in particular criminal authorities having the statute "thief in law", "polozhenets", "looker". The author examines in detail such aspects of the topic as the peculiarities of identifying persons occupying the highest position in the criminal hierarchy, establishing the circumstances of "crowning" or obtaining the appropriate status. Within the framework of forensic support, the issues of technical-forensic and tactical-forensic support for the detection of signs of a crime, material and ideal traces, as well as the specifics of their fixation and use in proving criminal cases are considered. The main conclusions of the study: effective forensic support for the disclosure and investigation of a crime under Article 210.1 of the Criminal Code of the Russian Federation "Occupying the highest position in the criminal hierarchy" is not possible without a clear legislative definition of the concept of a person occupying the highest position in the criminal hierarchy. To increase the effectiveness of the fight against organized crime, it is necessary to develop methodological recommendations and algorithms for identifying and bringing to criminal responsibility persons occupying the highest position in the criminal hierarchy.

DOI: 10.25136/2409-7543.2018.1.25276

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.

DOI: 10.7256/2409-7543.2014.5.13649

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.

DOI: 10.25136/2409-7543.2023.4.68936

Abstract: The article deals with issues related to the analysis of juvenile delinquency in the Republic of Tyva (Russia). In particular, a study of the criminological characteristics of juvenile delinquency in the Republic of Tyva was conducted, information and analytical statistics of internal affairs bodies were studied, where data on types of crimes for 12 months of 2022 were examined in more detail in comparison with the same period of 2021 in the Russian Federation, as well as crimes committed in the region under consideration. In the course of the conducted scientific research, general scientific, private scientific and special legal methods of cognition were used. An empirical study was conducted, within the framework of which students of Tuva State University were surveyed in order to obtain information about possible causes of juvenile delinquency according to the respondents. The analysis made it possible to assess the criminological state and establish the characteristics of the offender's personality. The authors present their own point of view of the need to put into practice a number of measures to prevent juvenile delinquency in the Republic of Tyva. The scientific novelty of the research consist in the establishment of the features of juvenile delinquency in the Republic of Tyva, in particular its quantitative and qualitative changes occurring in the overall structure of crime. An attempt to predict the trend of juvenile delinquency in the Republic of Tyva and identify the main factors influencing juvenile delinquency, as well as in the development of preventive measures of delinquent behavior of adolescents in order to help stabilize this category of crime, keep its level at a socially tolerant level, contribute to a positive change in the qualitative characteristics of crime, namely the structure of crime, its nature. In particular, when carrying out individual preventive work with minors, state bodies need to put into practice a unified document management system for the timely exchange of information that will allow them to adequately respond to all challenges and threats in activities to protect the life, health, rights and freedoms of minors.

DOI: 10.25136/2409-7543.2023.4.69252

Abstract: The subject of the study is the main approaches to determining the system of dynamic and temporal relationships of road traffic crimes included in the mechanism of road traffic crimes, its content and structure, as well as the law enforcement practice of investigating this category of criminal cases. The purpose of the study is to clarify and substantiate the substantive elements of the mechanism of traffic crimes and to define its concept. The author substantiates the idea that knowledge and understanding of the system of dynamic and temporal relationships of road traffic crimes helps law enforcement officers at the initial stage of the investigation to find out which objects interacted with each other during the commission of criminal acts, to form versions as to the condition and properties of these objects carried out contact interaction. The methodological basis of the study is: the method of critical analysis (the analysis of various points of view of the authors on the concept of "mechanism of road traffic crimes" was carried out and elements of the mechanism of road traffic crimes were identified), the method of legal modeling (a variant of the structural construction of the mechanism of road traffic crimes was proposed, the formulation of the concept of "mechanism of road traffic crimes" was carried out). The author summarizes new material on the topic under study: official statistics data for 2022 and six months of 2023, research by domestic authors from 1999 to 2023, and also uses the author's experience in investigating traffic crimes as an investigator of internal affairs bodies. The author analyzes the available points of view in the forensic literature and proposes a definition of the mechanism of traffic crimes, as well as its possible content and structure. The author comes to the conclusion that the mechanism of traffic crimes is a system of dynamic and temporal relationships, the main elements of which are: 1) the driver; 2) the vehicle; 3) various types of road situations, including information about road conditions and the environment in each form – from the initial to the culmination.

DOI: 10.25136/2409-7543.2022.3.38391

Abstract: The study of the place of aviation security in the structure of transport security is conditioned by theoretical and practical needs in determining the need to preserve or exclude the existing dual legal regulation of legal relations by the norms of Russian air legislation and legislation in the field of transport security. Currently, the legal norms regulating: the definition of organizations authorized to protect air transport; the definition of requirements for the protection of air transport, including inspection measures; certification and training of specialists (personnel) directly performing functions in the field of aviation security are duplicated. Based on the comparison of concepts, content and principles of transport and aviation security, the general and special features in their legal regulation as a whole and private are revealed. The purpose of the study was an attempt to define the concept of development of Russian legislation in the field of aviation security from acts of unlawful interference, taking into account the draft law "On Amendments to the Federal Law "On Transport Security" and Certain Legislative Acts of the Russian Federation" developed by the Ministry of Transport of the Russian Federation. The analysis made it possible to draw conclusions that the draft law proposed by the Ministry of Transport of Russia radically changes the state approach to regulating legal relations in the field of aviation security. It seems necessary to conduct additional discussions and assess the regulatory impact of the proposed draft law on the possibility of developing the Russian aviation business in the conditions of abandonment of the federal aviation security system. Based on the analysis, the author's concepts of "aviation security" and "act of unlawful interference" are proposed, the necessity of making appropriate amendments to Article 83 of the Air Code of the Russian Federation is substantiated. The scientific novelty of the study lies in the fact that an industry approach is proposed in the public administration of the legal relations under consideration, taking into account the specifics of air transport and a significant amount of international law on the protection of aviation.

DOI: 10.25136/2409-7543.2022.4.38952

Abstract: History teaches that any territorial changes pose a threat to national security, even if these territorial changes occur within the borders of one state. At the same time, a change in state borders may lead not only to a complication of international relations, but also to an increase in socio-political tension within the country. Therefore, it is extremely important that this process has a pre-established legal framework that would minimize the risks associated with changing the territory of the state. Thus, the subject of this publication is the legal order and experience of changing the territory of the Russian Federation, including the accession of new subjects of the federation to Russia in 2014 and 2022. The publication notes that the gap established by the constitutional legislator in terms of changing territorial borders has not been filled in full. Currently, only the procedure for joining new subjects of the Russian Federation has been established and there is no procedure for separating subjects or territories from the Russian Federation. The absence of a procedure for the withdrawal of the territory from Russia, in fact, deprives the latter of such an opportunity, which ensures the stability of the country's territory and its security. At the same time, the procedure for joining new subjects of the Russian Federation is regulated in detail and includes almost all the highest state authorities in the process of making the appropriate decision. The publication proves compliance with international legal norms in the implementation of the process of the entry of new subjects of the federation into Russia, including relying on the declarative theory of the emergence of states. The author proves the admissibility and legality of national procedures for the accession of new subjects to the Russian Federation. The authors propose to expand the use of direct democracy when new subjects join the Russian Federation.

DOI: 10.7256/2306-0417.2013.6.4569

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.

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.

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.