DOI: 10.7256/2454-0692.2016.2.17750

Abstract: The research subject is the range of legal and procedural problems of implementing a short-form pre-trial procedure. The author analyzes a short-form pre-trial procedure. The topicality of this issue is conditioned by the practice of implementing a short-term pre-trial procedure. The author supposes that this process violates the provisions of the Constitution of the Russian Federation and the Criminal Procedural Code. A short-form pre-trial procedure is provided by the regulations of the criminal procedural law prescribing to execute legal proceedings on the base of the principle of equality and competitiveness. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to improve the procedural provision of pre-trial restrictions. The author attempts to analyze the parity of sides in the process of considering the petition for the preventive measure. The analysis is based on the logical, empirical, technical, formal-abstract and other methods of scientific cognition. The author formulates the conclusions which are necessary for the further study of this issue. The author’s suggestions are suitable for amending the provisions of the criminal procedural law regulating this form of relations, thus promoting the formation of confidence in the institution of a short-form pre-trial procedure. 

DOI: 10.7256/2454-0692.2016.2.67481

Abstract: The research subject is the range of legal and procedural problems of implementing a short-form pre-trial procedure. The author analyzes a short-form pre-trial procedure. The topicality of this issue is conditioned by the practice of implementing a short-term pre-trial procedure. The author supposes that this process violates the provisions of the Constitution of the Russian Federation and the Criminal Procedural Code. A short-form pre-trial procedure is provided by the regulations of the criminal procedural law prescribing to execute legal proceedings on the base of the principle of equality and competitiveness. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to improve the procedural provision of pre-trial restrictions. The author attempts to analyze the parity of sides in the process of considering the petition for the preventive measure. The analysis is based on the logical, empirical, technical, formal-abstract and other methods of scientific cognition. The author formulates the conclusions which are necessary for the further study of this issue. The author’s suggestions are suitable for amending the provisions of the criminal procedural law regulating this form of relations, thus promoting the formation of confidence in the institution of a short-form pre-trial procedure. 

Keywords: forma, protsess, dosudebnaya, kolliziya, UPK, zakon, prestuplenie, sud, sudoproizvodstvo, pravo

DOI: 10.7256/2454-0692.2016.2.18042

Abstract: The research object is investigation and detection of crimes committed in the sphere of information and telecommunication technologies. The research subject includes the main features of computer information as an object of forensic processing. The author analyzes the concepts of the nature of computer information and the process of its generating, and enumerates the main forms of its presenting. The author outlines the methods of work with computer information and traces of cybercrimes. Computer information as an object of forensic processing is considered as an object of criminal infringement, an instrument of crime, an evidence, and one of the forms of traces of cybercrimes. The author applies general and specific scientific research methods, including analogy, deduction, comparison, the system analysis, and the methods of formal logic, prognostication, and the interparadigmatic approach. Forensic processing of computer information is provided in the subsection of digital forensic services and the section of criminal investigation technique. At the same time, computer information and technologies are applied in other branches of the science: its fundamentals, tactics, and methodology. Thus the scientific novelty of the research lies in the conclusion about the need for a theoretical explanation and consolidation of application of information technologies in the process of detection and investigation of crimes, in other words, empirical knowledge, as the fundamentals of forensic processing of computer information. The author formulates the concepts of information in the sphere of telecommunication technologies, and the traces of crimes in the sphere of computer information. The author suggests the directions of development of forensic instruments used in the process of investigation and detection of cybercrimes. The research results can be applied for forming the theory of criminalistics, in investigation and detection of crimes and forensic expertise in the sphere of computer information, for teaching students, undergraduates and postgraduates in the criminalistics discipline. 

DOI: 10.7256/2454-0692.2016.2.67482

Abstract: The research object is investigation and detection of crimes committed in the sphere of information and telecommunication technologies. The research subject includes the main features of computer information as an object of forensic processing. The author analyzes the concepts of the nature of computer information and the process of its generating, and enumerates the main forms of its presenting. The author outlines the methods of work with computer information and traces of cybercrimes. Computer information as an object of forensic processing is considered as an object of criminal infringement, an instrument of crime, an evidence, and one of the forms of traces of cybercrimes. The author applies general and specific scientific research methods, including analogy, deduction, comparison, the system analysis, and the methods of formal logic, prognostication, and the interparadigmatic approach. Forensic processing of computer information is provided in the subsection of digital forensic services and the section of criminal investigation technique. At the same time, computer information and technologies are applied in other branches of the science: its fundamentals, tactics, and methodology. Thus the scientific novelty of the research lies in the conclusion about the need for a theoretical explanation and consolidation of application of information technologies in the process of detection and investigation of crimes, in other words, empirical knowledge, as the fundamentals of forensic processing of computer information. The author formulates the concepts of information in the sphere of telecommunication technologies, and the traces of crimes in the sphere of computer information. The author suggests the directions of development of forensic instruments used in the process of investigation and detection of cybercrimes. The research results can be applied for forming the theory of criminalistics, in investigation and detection of crimes and forensic expertise in the sphere of computer information, for teaching students, undergraduates and postgraduates in the criminalistics discipline. 

Keywords: informatsionnye telekommunikatsionnye tekhnologii, tekhniko-kriminalisticheskie sredstva, sledy kiberprestuplenii, rassledovanie, kiberneticheskii metod, forma predstavleniya informatsii, kriminalisticheskoe issledovanie

DOI: 10.7256/2454-0692.2016.2.17636

Abstract: The author of the research pays attention to the prevention of crime as one of the most effective forms of fight against crimes. The author notes that the state regularly proclaims crimes prevention as the top priority of political, economic and social development. But due to particular objective and subjective reasons, this process hasn’t been finished yet, and is still permanently improving. One of the objective reasons is the onrush of technologies, information and telecommunication networks, including the Internet, the mass usage of computing facilities, mobile devices, and the involvement of the society in the network services, including on-line financial operations, and others. The author emphasizes that scientific researches in the sphere of prevention of crimes are important in the theoretical studies of criminal law experts, but are not timely applied in practice. The author recommends using the results of achievements of the IT-industry and other special forensic instruments, including the internet, in preventive activities.

DOI: 10.7256/2454-0692.2016.2.67483

Abstract: The author of the research pays attention to the prevention of crime as one of the most effective forms of fight against crimes. The author notes that the state regularly proclaims crimes prevention as the top priority of political, economic and social development. But due to particular objective and subjective reasons, this process hasn’t been finished yet, and is still permanently improving. One of the objective reasons is the onrush of technologies, information and telecommunication networks, including the Internet, the mass usage of computing facilities, mobile devices, and the involvement of the society in the network services, including on-line financial operations, and others. The author emphasizes that scientific researches in the sphere of prevention of crimes are important in the theoretical studies of criminal law experts, but are not timely applied in practice. The author recommends using the results of achievements of the IT-industry and other special forensic instruments, including the internet, in preventive activities.

Keywords: kriminalistika, preduprezhdenie, profilaktika, Internet, informatsionnye tekhnologii, obshchestvo, gosudarstvo, ugrozy

DOI: 10.7256/2454-0692.2016.2.16716

Abstract: The article focuses on legal and organizational problems of administrative regulation of priming of the economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative regulation of priming of the economy. The article demonstrates the author’s positions on the concept of legal regulation of the economy. The author analyzes the concepts of development of law and economics in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of administrative regulation of priming of the economy. The author’s contribution is the conclusion about the necessity to develop administrative regulation of priming of the economy. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and the creation of legal and organizational guarantees of legality in the Russian economy. 

DOI: 10.7256/2454-0692.2016.2.67484

Abstract: The article focuses on legal and organizational problems of administrative regulation of priming of the economy. The author analyzes the concepts of legal regulation of economic relations from the position of administrative regulation of priming of the economy. The article demonstrates the author’s positions on the concept of legal regulation of the economy. The author analyzes the concepts of development of law and economics in the modern conditions. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The research methodology comprises the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the economic sphere, it is necessary to improve forms and methods of administrative regulation of priming of the economy. The author’s contribution is the conclusion about the necessity to develop administrative regulation of priming of the economy. The novelty of the study lies in the proposals about the development of forms and methods of state regulation of the economy, and the creation of legal and organizational guarantees of legality in the Russian economy. 

Keywords: stimul, razreshenie, pooshchrenie, isklyuchenie, pravilo, ekonomika, ekonomicheskii, regulirovanie, vozdeistvie

DOI: 10.7256/2454-0692.2016.2.17952

Abstract: The research subject is the range of legal and organizational problems of fight against corruption in police. The author analyzes fight against corruption by means of administrative-legal instruments. The article studies Russian anti-corruption legislation and the problems of anti-corruption policy implementation in the sphere of domestic affairs. The main attention is paid to the development of methods of legal regulation of fight against corruption in Russian police service, and anti-corruption prohibitions and limitations. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the sphere of domestic affairs, it is necessary to improve forms and methods of legal regulation of fight against corruption. The author claims that it is necessary to develop legal regulation of fight against corruption in police service. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of fight against corruption. 

DOI: 10.7256/2454-0692.2016.2.67485

Abstract: The research subject is the range of legal and organizational problems of fight against corruption in police. The author analyzes fight against corruption by means of administrative-legal instruments. The article studies Russian anti-corruption legislation and the problems of anti-corruption policy implementation in the sphere of domestic affairs. The main attention is paid to the development of methods of legal regulation of fight against corruption in Russian police service, and anti-corruption prohibitions and limitations. The research methodology is based on the modern achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis synthesis, analogy, deduction, observation, and modeling), traditional legal methods (formal-logical), and the methods of specific sociological studies (statistical, expert assessments, etc.). The author concludes that at present, in order to ensure law and order in the sphere of domestic affairs, it is necessary to improve forms and methods of legal regulation of fight against corruption. The author claims that it is necessary to develop legal regulation of fight against corruption in police service. The novelty of the study lies in the proposals about the development of forms and methods of legal regulation of fight against corruption. 

Keywords: korruptsiya, politsiya, sotrudnik, sluzhba, prokhozhdenie, zapret, ogranichenie, vzyatka, vzyatochnichestvo

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. 

DOI: 10.7256/2454-0692.2016.2.67486

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. 

Keywords: vredonosnyi kontenet, protivodeistvie, ugolovnoe pravo, administrativnoe pravo, informatsionnye pravonarusheniya, usilenie otvetstvennosti

DOI: 10.7256/2454-0692.2016.2.17893

Abstract: The research subject is education of bachelors with regard to liberal arts education requirements. The author considers such aspects of the issue as the perspectives of liberal arts education in preparing bachelors and the structure of liberal arts in the conditions of the educational system reform. Special attention is paid to the education of bachelors in the Social and Legal Institute of Economic Security. The SLIES’s strategy in the sphere of liberal arts education presupposes the use of modern technologies for the students’ permanent self-education. Therefore, attention is paid to the use of information technologies which increase the students’ interest in social sciences and promotes their motivation to interim self-testing. To form the base of reference and testing sources, the SLIES develops electronic courseware. The research methodology comprises the conceptual provisions of the theory of liberal arts education in the system of higher education. The method of system analysis helps reveal the conflict within the structure of educational process which is conditioned by the division of scientific and normative knowledge. It is determined by the fact that scientific and humanities knowledge helps theoretically understand any scientific facts since they depend on the patterns of development of nature, the society and thinking. This circumstance explains that such knowledge helps understand the essence of social processes, explain them and make sure forecasts. On the other hand, normative knowledge can’t form the principle of explanation, and the patterns of development of socio-economic processes can’t serve as a principle of evaluation. The author claims that the modernization of educational process and scientific and research activities provides access to the information from any region of the Russian Federation, thus making it possible to improve the quality of distance learning , particularly, the control over the knowledge of extramural students, and that there is a possibility to comply with the students’ information requests with the help of the new technology which combines the advantages of the press, television and the Internet. 

DOI: 10.7256/2454-0692.2016.2.67487

Abstract: The research subject is education of bachelors with regard to liberal arts education requirements. The author considers such aspects of the issue as the perspectives of liberal arts education in preparing bachelors and the structure of liberal arts in the conditions of the educational system reform. Special attention is paid to the education of bachelors in the Social and Legal Institute of Economic Security. The SLIES’s strategy in the sphere of liberal arts education presupposes the use of modern technologies for the students’ permanent self-education. Therefore, attention is paid to the use of information technologies which increase the students’ interest in social sciences and promotes their motivation to interim self-testing. To form the base of reference and testing sources, the SLIES develops electronic courseware. The research methodology comprises the conceptual provisions of the theory of liberal arts education in the system of higher education. The method of system analysis helps reveal the conflict within the structure of educational process which is conditioned by the division of scientific and normative knowledge. It is determined by the fact that scientific and humanities knowledge helps theoretically understand any scientific facts since they depend on the patterns of development of nature, the society and thinking. This circumstance explains that such knowledge helps understand the essence of social processes, explain them and make sure forecasts. On the other hand, normative knowledge can’t form the principle of explanation, and the patterns of development of socio-economic processes can’t serve as a principle of evaluation. The author claims that the modernization of educational process and scientific and research activities provides access to the information from any region of the Russian Federation, thus making it possible to improve the quality of distance learning , particularly, the control over the knowledge of extramural students, and that there is a possibility to comply with the students’ information requests with the help of the new technology which combines the advantages of the press, television and the Internet. 

Keywords: Gumanitarnoe obrazovanie, Gumanitarnoge mirovozzrenie, Podgotovka pedagogicheskikh kadrov, Gumanitarnye tekhnologii, Printsipy nauchnosti, Printsipy gumannosti, Modernizatsiya obrazovaniya, Normativnye znaniya

DOI: 10.7256/2454-0692.2016.2.17927

Abstract: The topicality of the issue is determined by the necessity to improve the efficiency of professional training of the potential and the current police officers, immediate treatment of citizens, and the increase of the police officers competence in immediate treatment. The author analyzes the current statutory instruments regulating police officers’ actions in the cases of immediate treatment. The results of the research should be used for reading the discipline “First Aid” to the students of educational institutions of the Ministry of Internal Affairs and the current police officers. The author applies bibliographical and analytical methods. With the help of the computer programme “Consultant Plus”, using the keywords “police”, “first aid”, “medical assistance”, the author analyzes statutory documents reflecting the regulation of cooperation of police officers and persons requiring immediate treatment and persons with diseases. These documents include federal laws, regulations of the Government of the Russian Federation, decrees of the Ministry of Internal Affairs. The author outlines the problems, arising during the actions of the police officers, which are not sufficiently regulated: the absence of the departmental legal document regulating immediate treatment; the unconformity of the requirement to resuscitation procedure implementing by the police officer to his professional competence and medical knowledge; the lack of regulation of the personal protection from bacterial and virus contamination of the police officer in the process of immediate treatment; the lack of legal regulation of the issue in the rules for the Patrol-Guard Service. 

DOI: 10.7256/2454-0692.2016.2.67488

Abstract: The topicality of the issue is determined by the necessity to improve the efficiency of professional training of the potential and the current police officers, immediate treatment of citizens, and the increase of the police officers competence in immediate treatment. The author analyzes the current statutory instruments regulating police officers’ actions in the cases of immediate treatment. The results of the research should be used for reading the discipline “First Aid” to the students of educational institutions of the Ministry of Internal Affairs and the current police officers. The author applies bibliographical and analytical methods. With the help of the computer programme “Consultant Plus”, using the keywords “police”, “first aid”, “medical assistance”, the author analyzes statutory documents reflecting the regulation of cooperation of police officers and persons requiring immediate treatment and persons with diseases. These documents include federal laws, regulations of the Government of the Russian Federation, decrees of the Ministry of Internal Affairs. The author outlines the problems, arising during the actions of the police officers, which are not sufficiently regulated: the absence of the departmental legal document regulating immediate treatment; the unconformity of the requirement to resuscitation procedure implementing by the police officer to his professional competence and medical knowledge; the lack of regulation of the personal protection from bacterial and virus contamination of the police officer in the process of immediate treatment; the lack of legal regulation of the issue in the rules for the Patrol-Guard Service. 

Keywords: mery bezopasnosti, reanimatsiya, zakony o politsii, politsiya, prava cheloveka, meditsinskaya podgotovka politsii

DOI: 10.7256/2454-0692.2016.2.16758

Abstract: The article considers the issues of public prosecutor’s supervision over observation of laws in advertising activities. The author considers the issues of observation of advertising legislation, of public prosecutor’s participation in observation of laws in the sphere of outdoor advertising and road safety. The research subject is public prosecutor’s supervision over observation of laws in advertising activities. The research object includes social relations in the sphere of public prosecutor’s supervision over observation of laws in advertising activities. The central research method is the analysis of statutory instruments. The author applies the method of systematization of legal regulation of public prosecutor’s supervision over observation of laws in advertising activities. The author comes to the conclusion about the necessity to extend the authorities of the public prosecutor’s office and to legislate them in the law “On Public Prosecutor’s Office”, in order to ensure the rule of law, to promote the legality and protection of human and civil rights and freedoms, the interests of the society and the state, in the cases of prosecutor’s investigation regardless of a request, complaint, or other reports about the violation of human and civil rights and freedoms. 

DOI: 10.7256/2454-0692.2016.2.67489

Abstract: The article considers the issues of public prosecutor’s supervision over observation of laws in advertising activities. The author considers the issues of observation of advertising legislation, of public prosecutor’s participation in observation of laws in the sphere of outdoor advertising and road safety. The research subject is public prosecutor’s supervision over observation of laws in advertising activities. The research object includes social relations in the sphere of public prosecutor’s supervision over observation of laws in advertising activities. The central research method is the analysis of statutory instruments. The author applies the method of systematization of legal regulation of public prosecutor’s supervision over observation of laws in advertising activities. The author comes to the conclusion about the necessity to extend the authorities of the public prosecutor’s office and to legislate them in the law “On Public Prosecutor’s Office”, in order to ensure the rule of law, to promote the legality and protection of human and civil rights and freedoms, the interests of the society and the state, in the cases of prosecutor’s investigation regardless of a request, complaint, or other reports about the violation of human and civil rights and freedoms. 

Keywords: organ mestnogo samoupravleniya, Reklama, prokuror, Organ prokuratura, munitsipalitet, naruzhnaya reklama, sud

DOI: 10.7256/2454-0692.2016.2.18109

Abstract: The long dispute over the protection of business owners’ rights in the cases of illegal takeovers of business has been solved by amending the current criminal law with several articles, which provide punishment for such criminal actions. Most legal novels of this kind are contained in the chapter 22 of the Criminal Code of the Russian Federation, and are officially recognized as crimes in the economic sphere. The analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions. The research methodology is based on the historical analysis, comparative analysis, the method of division of notions, the system and statistical methods. The author concludes that: 1. the analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions; 2. the commentaries of the Plenum of the Supreme Court of the Russian Federation on the peculiarities of application of these provisions are necessary.

DOI: 10.7256/2454-0692.2016.2.67490

Abstract: The long dispute over the protection of business owners’ rights in the cases of illegal takeovers of business has been solved by amending the current criminal law with several articles, which provide punishment for such criminal actions. Most legal novels of this kind are contained in the chapter 22 of the Criminal Code of the Russian Federation, and are officially recognized as crimes in the economic sphere. The analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions. The research methodology is based on the historical analysis, comparative analysis, the method of division of notions, the system and statistical methods. The author concludes that: 1. the analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions; 2. the commentaries of the Plenum of the Supreme Court of the Russian Federation on the peculiarities of application of these provisions are necessary.

Keywords: ekonomicheskie prestupleniya, ob'ekt ugolovno-pravovoi okhrany, interesy gosudarstvennoi vlasti, reiderskie zakhvaty, reglamentatsiya reiderskikh deistvii, reiderstvo, mezhdunarodnoe finansirovanie, khozyaistvuyushchii sub'ekt