Vol 7 - No 2 (2022)
RUSSIAN AND WORLD PROBLEMS OF CRIMINAL SCIENCE
Xenia N. Radchenko
- GENERAL AND SOCIO-LEGAL CHARACTERISTICS OF THE JUVENILE DELINQUENCY PREVENTION SYSTEM
Abstract. The relevance of the study lies in the fact that the current system of punishments for citizens under the age of majority, established by the Criminal Code of the Russian Federation, does not fully reflect the legal and social characteristics of adolescents, and the functioning rules for the prevention of juvenile delinquency do not provide an opportunity to effectively use them without taking into account age characteristics.
The aim of the study is a comprehensive analysis of the general and socio-legal characteristics of the juvenile delinquency prevention system, identifying opportunities for further improvement of this institution.
The main problem is the lack of a sufficient system of preventive measures for juvenile delinquency, which in turn form an ineffective system of prevention activities of subjects.
The article consists of several parts: the main problem arising in the characteristics of the juvenile delinquency prevention system is indicated, the scientific literature on the topic of the study is considered and analyzed; the methods used in the study are disclosed; the main part indicates the results of the study, and conclusions are drawn in the final part.
The methodological basis of the research is a system of philosophical knowledge that defines the principles and prerequisites for the study of socio-legal phenomena in their constant development and interdependence, as well as a set of general scientific and private scientific methods of cognition of reality.
Based on the results of the study, it was concluded that measures to reduce the indicators of juvenile delinquency are completely dependent on the activities of the authorities to provide assistance to a dysfunctional family and a minor, and the principles through which preventive measures of neglect and crime are carried out form the system and determine the ways of the subjects' prevention activities.
Keywords: crime, crime prevention, juvenile delinquent, crime prevention.
Sergei A. Bukalerov, Vadim A. Chukreev
- LEGAL REGULATION OF INCEST IN INDIA
Abstract. A survey in India found out that one in two children had been sexually abused at least once before the age of 18, and 90% in the family or inner circle. There were 24,672 incidents of sexual abuse of minors in 2019. The Protection of Children from Sexual Offenses Act of India 2012, also known as POCSO, was enacted in India to protect children from sexual assault, sexual harassment and stop the use of children in pornography. The article analyzes the provisions of this law and the practice that has developed in Indian society.
The purpose of the article is to analyze the provisions of this law and the practice that has actually developed in Indian society in order to study the features of rule-making and law enforcement in India. There are no laws in India's legal system that specifically mention incest as an offence. Data provided by the National Crime Records Bureau in India shows that sexual crimes against women and children are increasing every year. Given this, it is concluded that despite the attempts of the Indian legislator to fill the existing loopholes, the measures taken are insufficient and India is far from solving the problem of incest.
Keywords: India, incest, child protection, sexual abuse, legal protection.
Ruslan V. Mamedov
- ON THE ISSUE OF THE MAIN VIOLATIONS COMMITTED BY OFFICIALS ENGAGED IN PRELIMINARY INVESTIGATION ACTIVITIES AND ON THE POWERS OF THE PROSECUTOR TO PREVENT AND ELIMINATE THEM
Abstract. The relevance of this study lies primarily in the existence today of a sufficiently large number of violations committed by the preliminary investigation bodies, which has a direct impact on the proper and effective appointment of criminal proceedings. In the Russian Federation, in accordance with the legislation, the leading role in the prevention and elimination of these violations is assigned to the prosecutor.
The main purpose of this study is to analyze the most frequently committed violations by the bodies of inquiry and investigation, as well as the powers of the prosecutor used to prevent and eliminate them.
This paper discusses the problems associated with the violation of the order of various types of jurisdictions, which lead to negative consequences for the consideration of criminal cases.
The article consists of sections related to violations in the field of subject (generic) jurisdiction, alternative and territorial.
Research methods are logical analysis, synthesis, generalization, formal legal and comparative legal.
The conclusions of the article indicate that the violations committed are intentional, since in most cases they have the goal of hiding data that can negatively affect the statistics of the work of the investigation or inquiry bodies. It is also seen that the use of high-tech prosecutorial supervision will have a positive effect aimed at preventing and eliminating these violations.
Keywords: criminal proceedings; prosecutor's office; preliminary investigation; preliminary investigation, inquiry, criminal law, jurisdiction.
Artem V. Karpushkin
- ON THE ISSUE OF FOREIGN EXPERIENCE IN ASSESSING HARM CAUSED BY THE DETENTION OF A PERSON WHO COMMITTED A CRIME BY LAW ENFORCEMENT OFFICERS
Abstract. Currently, Russian judicial practice has not developed a unified approach regarding the issues of assessing the legality of causing harm during the arrest of a person who has committed a crime. There is no uniform application of criminal law for exceeding the measures necessary to detain a person who has committed a crime. The purpose of the study is to study foreign experience on the rules for assessing harm caused when detaining a person who committed a crime, as well as on responsibility for exceeding the measures necessary for detention in order to possibly borrow individual examples for the commission of Russian criminal law. In the course of the study, the legislation of the states representing the Anglo-Saxon and Romano-Germanic legal systems, foreign judicial practice are analyzed, and the points of view of foreign experts are given. Based on the results of the study, the author concludes that the domestic legislation is progressive, notes that individual fragments and normative decisions can be taken into account when improving the Russian criminal law.
Keywords: causing harm during detention, comparative analysis, foreign experience, assessment, legality, police officer.
STATE LEGAL REGULATION OF PUBLIC RELATIONS
Oxana N. Vasilyeva, Tukhman S. Keshishian
- FEATURES OF BRINGING SMALL AND MEDIUM-SIZED BUSINESSES TO ADMINISTRATIVE RESPONSIBILITY
Abstract. The relevance of the chosen research topic is expressed in the active development of small and medium-sized businesses and, in this regard, the increase in the number of administrative offenses. The purpose of the study is to identify the main criteria, compliance with which is necessary to replace an administrative fine with a warning, as well as to analyze the practical application of such a legal mechanism. This article discusses the specifics of the application of the norms of Article 4.1.1 of the Code of Administrative Offences of the Russian Federation, as well as the interaction of this norm with Article 3.4. of the Code of Administrative Offences of the Russian Federation. To achieve this goal, general scientific methods were used, as well as methods of legal hermeneutics, comparative legal and formal legal methods. The study identifies the main problematic aspects of law enforcement of replacing administrative punishment in the form of an administrative fine with a warning, such as the ambiguity of judicial practice, the ambiguity of interpretation of legislative norms, etc. The main conclusion of the study is the need to expand the practice of replacing an administrative fine with a warning as a mitigation of punishment.
Keywords: Code of the Russian Federation on administrative legal relations, subjects of small and average business, administrative offence, administrative responsibility, administrative penalties, administrative penalty, warning.
Irina V. Shcherbinina, Ilya A. Butyaykin
- ADMINISTRATIVE-LEGAL AND OTHER METHODS TO POSSIBLY IMPROVE THE SAFE USE OF CYCLING IN THE RUSSIAN FEDERATION
Abstract. The relevance of the study lies in the fact that today in our country there is an objective need to carry out comprehensive measures to develop draft regulations, the result of which should be a multi-level system of legal regulation of relations with the participation of a cyclist as a special road user, as well as to adapt existing legal rules governing relations in the field of road safety, in relation to cyclists, in order to significantly minimize the risks of harm to them.
The purpose of the study is a comprehensive analysis of the most important problematic issues in the field of legal regulation of relations with the participation of cyclists in the Russian Federation, and also presents solutions related to the area under study.
The main problem is the lack of an adequate legal mechanism for regulating social relations, in which a special category of subjects, cyclists, is a participant.
The article consists of several parts: the main problem that arises when characterizing legal relations with the participation of cyclists is indicated, the scientific literature on the research topic is considered and analyzed; the methods used in the study are disclosed; in the main part, the results of the study are indicated, and in the final part, conclusions are drawn.
The methodological basis of the study is a system of philosophical knowledge that determines the principles and prerequisites for the study of social and legal phenomena in their constant development and interdependence, as well as a set of general scientific and particular scientific methods of cognition of reality.
The paper analyzes the most important problematic issues in the area under study, and also presents solutions regarding the legal regulation of relations with the participation of cyclists in the Russian Federation.
Keywords: traffic safety, rights and obligations of cyclists, rights and obligations of motorists, safe conditions for bicycle operation.
Kirill V. Grishishishen
- LEGAL REGULATION OF ACTIVITIES OF ELECTRONIC PAYMENT SYSTEMS: EXPERIENCE OF FOREIGN JURISDICTIONS
Abstract. The relevance of the topic of the article is due to the ongoing processes of digitalization accompanying the development of many spheres of life. It is becoming easier for most companies and ordinary citizens to interact with each other online. The formation of this trend could have been observed before the pandemic, but the spread of coronavirus infection (COVID-19) seriously increased the speed of digital transformation of the economy, including the financial sector. Electronic means of payment are gradually gaining their niche in the settlement system. Some experts predict a complete displacement of cash payments from the financial market in the future, since electronic money has a number of advantages: accessibility, efficiency, lower cost of maintenance.
Electronic means of payment provided by the operation of electronic payment systems, as they spread, generate numerous problems of law enforcement, therefore, they increasingly attract the attention of legal scholars, which is reflected in numerous works on this topic. Within the framework of this article, the author has set himself the goal of conducting a comparative legal analysis of foreign practice of legal regulation of electronic payment systems.
There are many jurisdictions in the world where the advantages of electronic payment systems have already been appreciated, which is reflected in their design by special laws that are periodically adjusted as new payment technologies become available. Today it is permissible to talk about having significant experience in legalizing electronic payment systems, as well as electronic money. In this regard, it is appropriate to refer to the relevant experience of individual States in which various legislative initiatives and normative decisions are being implemented that create legal conditions for the effective functioning of electronic payment systems.
The article deals with the problems of legal regulation of electronic payment systems in Hong Kong, Singapore and the European Union. Special attention is paid to the disclosure of the conceptual apparatus, including the terms «electronic payment system», «electronic means of payment», «electronic money», «payment services», «licensing», etc. In addition, the positions of researchers in the field of financial law on the stated topic were studied.
To fully disclose the topic, the following structure of the article was chosen: Introduction; Materials and methods of research; 1) The concept of electronic payment systems, their advantages; 2) Features of regulation of electronic payment systems in Hong Kong; 3) Development of legislation on the activities of electronic payment systems in Singapore; 4) The legal status of electronic payment systems in the European Union; Conclusion. The comparative legal research method was chosen as the main one, since it is with its help that the most acceptable and promising directions for improving national legislation can be developed. Dialectical approach, logical and analytical methods, expert assessments, system-structural analysis, are also used to obtain the most reliable conclusions and formulate recommendations when writing an article.
As a result of the analysis, the author concluded that in Hong Kong, Singapore and the EU, close attention is paid to the development of electronic payment systems. Legislation is also being modernized in this direction. Legal norms ensure transparency of transactions, protection of system users from possible violations, and smooth functioning of the national payment market. The legal regulation of electronic payment systems has common and distinctive features, the latter are due to differences in the level of economic and political development of states, pursued by interests in the development and adoption of relevant legislation.
Key words: licensing, national financial regulator, electronic money, electronic payment system, jurisdiction.
LEGAL REGULATION OF ECONOMIC ACTIVITIES
Zamira A. Akhmetyanova, Gelyusa K. Garaeva, Olga N. Nizamieva, Elena G. Opihtina
- EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW)
Abstract. The relevance of the issues raised in the article is predetermined by the wide use of the latest scientific achievements in the reproductive sphere and the lack of adequate legal regulation of relations to determine the legal fate of embryos in vitro.
Accordingly, the main goal of the study is to reveal the optimal legal model of the indicated relations.
The paper highlights the problems of determining the legal nature of the embryo and applying the relevant legal norms to it and identifies the gaps in domestic legislation regarding the legal fate of embryos not used in the provision of medical care, as well as embryos that have undergone cryopreservation. This problem is the most acute in the event of divorce of the persons on whose initiative the embryos were created, or in the event of the death of one or both of them, as well as in the event of refusal of one of them to participate in the continuation of the reproductive assistance program.
The article provides a critical analysis of legal decisions on the legal status of the embryo in vitro from the standpoint of: 1) the doctrine of law (as a subject of law, an object of law and a special legal phenomenon (sui generis)), 2) Russian legislation, 3) law enforcement practice Russian courts and 4) legal positions of the ECHR. The models of legal regulation of relations on determining the legal fate of cryopreserved embryos, available in certain foreign legal orders and legal doctrine, are also systematized. In the course of the study, comparative legal and right sociological methods, methods of legal modeling and forecasting, and the method of legal interpretation were used.
Based on the results of the analysis, a legislative solution to the problem under study was proposed, based on a combination of existing models of legal regulation, as well as ensuring a balance of private and public interests. If there is no dispute between the spouses (partners) about the future fate of the embryo, then priority should be given to their will that is reflected in the agreement, within the limits allowed by law (further use, donation or destruction). However, in the event of a dispute, priority should be given to the person whose position is associated with the gift of life to the embryo, with a one-time release from the status of a potential parent of a party that no longer wants to participate in reproductive technology and assume parental rights and obligations.
Keywords: assisted reproductive technologies, embryo in vitro, right to life, subject of human rights, object of legal relations, sui generis.
Elena V. Khabieva
- PROSPECTS FOR TESTING A NEW SECTORAL PAY SYSTEM OF REMUNERATION FOR TEACHERS IN SECONDARY VOCATIONAL EDUCATION
Abstract. The article highlights the current situation around the pilot project to introduce a new sectoral remuneration system in educational state (municipal) institutions of secondary vocational education. The relevance of the chosen topic is related to the long-standing problem of differentiation in the remuneration of teachers in colleges and technical colleges. The purpose of the study is to identify existing negative trends in teachers' remuneration and to overcome them. The problem under consideration is related to the presence of different approaches in the formation of the components of teachers' salaries in secondary vocational educational institutions: the cost of teaching hours, the level of the basic part of the salary, the content of incentive payments, the establishment of which does not comply with the principle of equal pay for work of equal value. The following research methods were used: basic didactic, analysis, synthesis, comparative-legal, logico-legal and research-legal experiment. The conclusion is the need to bring the numerous existing directions in the calculation of remuneration of college and technical school teachers in different subjects of the Russian Federation and within one subject to uniformity.
Keywords: sectoral pay system, testing, differentiation, state (municipal) institution, cost per hour, wages, educational organization, pilot project.
Vladislav D. Orlov
- TERMINATION OF OBLIGATIONS UNDER SUBORDINATED CREDIT (DEPOSIT) AGREEMENTS IN BANKRUPTCY LEGAL RELATIONS
Abstract. The provision of financial assistance to an affiliated credit institution often takes the form of a subordinated loan agreement (deposit, loan). However, in the event of the subsequent bankruptcy of such a credit institution, problems arise in protecting the interests of the parties to the agreements and their creditors, litigation, and conflicting court decisions. The main purpose of this study is to study the legal problems arising in connection with the termination of obligations under a subordinated loan (deposit) agreement in the legal relations of bankruptcy of its party (parties). The scientific article includes sections devoted to the study of the problems of applying the legal structure of debt forgiveness under a subordinated deposit agreement in relation to an insolvent debtor, as well as the termination of an obligation on the basis of an act of a public authority as part of preventing the debtor's bankruptcy. The study was conducted using dialectical, logical, systemic, as well as formal legal methods. The conclusions of the article summarize the grounds, motives and negative legal consequences of applying the considered methods for terminating the obligations of an insolvent debtor. An assessment is made of the compliance of the termination of obligations under subordinated loan (deposit) agreements with the principles of bankruptcy law, the provisions of the institution for contesting suspicious transactions in bankruptcy.
Keywords: insolvency, bankruptcy, termination of obligation, debt forgiveness, subordinated loan, subordinated deposit.
TRIBUNE OF YOUNG SCIENTISTS
Alexander S. Logozinsky
- CRIMINAL RESPONSIBILITY FOR SEX OFFENSES AGAINST MINORS
Abstract. The relevance of the study lies in the fact that at the present stage there is again an increase in sexual crimes, in the first place of which are rape.
When analyzing the quantitative indicators of the number of people convicted of rape and attempted rape, a negative trend was revealed: in 2017, 3227 people were convicted, in 2018 - 3248, in 2019 - 3000, in 2020 - 3342, in 2021 - 3942.
Crimes against the sexual inviolability of a minor represent the greatest danger, as they violate the normal and consistent development of the child, both physiologically and psychologically, which leads to severe and irreversible consequences. A child who has been subjected to a sexual crime deviates from the correct vector of development, he is more prone to committing crimes, which is a threat to the state and society.
The purpose of the study is to study the norms of criminal law aimed at protecting the sexual integrity of minors.
The main problem is the weak protection of sexual integrity and sexual freedom of minors.
Structurally, the article consists of several parts: the main problem that arises in the implementation of the norms of criminal law is indicated; the scientific literature on the research topic is considered and analyzed; methods are disclosed; in the main part, the results of the study are indicated, and in the final part, conclusions are drawn.
The methodological basis of the research is dialectical, system-analytical, comparative legal, formal legal and statistical methods.
Based on the results of the study, it was concluded that it is necessary to establish the maximum criminal liability for committing a crime of sexual orientation against minors for parents, teachers, educators, that is, those people whose duties include raising and caring for a child.
Keywords: sexual integrity, sexual freedom, criminal liability, minor, rape.
Alexander S. Fedorov
- THEORETICAL FOUNDATIONS OF CROSS-BORDER PARALLEL PROCEEDINGS: THE CONCEPT AND CAUSES OF OCCURRENCE
Abstract. Cross-border litigation has become an important part of companies' international economic activities. For this reason, the problem of parallel proceedings is critical, because they cause a conflict of jurisdictions and greatly impede the settlement of the dispute.
The purpose of this study is to define the concept, features, types, and main reasons of the occurrence of parallel proceedings in international civil procedure.
Within the framework of this goal, the problem of defining a "real" parallel proceeding and what criteria it must be met for its occurrence was studied. In addition, the relationship between the concept of "parallel proceedings" and the doctrine of "lis alibi pendens" was examined. Finally, the author analyzed the objective and subjective reasons of the occurrence of parallel proceedings and their specific features.
In the work author predominantly uses dialectical and logical method, as well as analysis and synthesis. In the article, the author uses scientific papers of Russian and foreign scientists on this topic, judicial practice and legal acts.
As a result of the study, it was concluded that parallel proceedings are judicial proceedings in several jurisdictions based on identical claims, the obligatory conditions of which are identical claims and parties of the dispute. The reasons for the occurrence of parallel proceedings are very diverse and caused by various factors, but the abuse of the right of a party to a parallel dispute is the most negative of them.
Keywords: parallel proceedings, lis alibi pendens, prejudice, identical claim, identity, cross-border dispute, international civil procedure, international commercial arbitration.