{"title":"DECRIMINALIZATION OF CRIMINAL LIABILITY FOR INSULTING THE PERSON: IT IS NECESSARY NOT TO LIBERALIZE, BUT TO MODERNIZE THE LEGISLATION","authors":"Dmitry Ishchenko .","doi":"10.29039/2413-1733-2021-7-4-136-146","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-136-146","url":null,"abstract":"The article is devoted to the study of the problems of law enforcement practice on the application of administrative responsibility for insulting a person. The current legislation divides these offenses by special compositions into criminal offenses and general ones into administrative offenses. The article analyzes statistical data and examples of law enforcement activities, which indicate the priority right to protect victims with special statuses, in particular, representatives of state authorities. It has been substantiated that today it is necessary to take the following measures of a legal and organizational nature: to provide for criminal liability for insult in case of repeated commission of an offense by a person subjected to administrative punishment for a similar offense within a year; to legislate the definition of «indecent form» of insult; take into account another form that is humiliating and offending to public morality; to establish normatively the criteria for assessing the offensiveness of words, expressions and actions; consider the possibility of introducing the punishment of administrative arrest; significantly toughen sanctions by increasing the size of fines.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126631684","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PROBLEMS OF CONTRACTUAL REGULATION OF PENALTIES IN FOREIGN ECONOMIC TRANSACTIONS: ANALYSIS OF THE SYSTEM OF LAW ENFORCEMENT PRACTICE","authors":"N. Ablyatipova","doi":"10.29039/2413-1733-2021-7-4-243-249","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-243-249","url":null,"abstract":"In the context of the rapidly developing process of globalization, one of the priority tasks of any civilized state is to create favorable conditions for foreign economic activity. The position of the state in international economic relations not only determines the authority of the state on the world stage, but also has a positive effect in domestic economic activity. In this regard, the states seek to create a favorable legal regulation of foreign economic turnover, providing its participants with reliable methods of legal protection in case of violations of obligations by counterparties. \u0000The main purpose of the work is to study and identify the features of the regulation of the institution of penalty in foreign economic contracts. The article considers various approaches to understanding the institution of penalty. The analysis of the existing judicial practice on the reflection of the penalty clause in foreign economic contracts is given.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130597970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"DIRECTIONS FOR IMPROVING TECHNOLOGY COMBAT TECHNIQUES OF FIGHTING IN THE SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS","authors":"M. Chunosov, M. Taranin","doi":"10.29039/2413-1733-2021-7-4-231-236","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-231-236","url":null,"abstract":"The article deals with the peculiarities of internal affairs officers’ preparation for professional activity. It is noted that the professional activity of an employee of internal affairs bodies places high demands on his personal qualities, professional and physical training. It is shown that the basic skills of an adequate response of a police officer to dangerous conditions of the external environment are formed in the system of professional training of the Ministry of Internal Affairs of Russia, at the lessons on physical training, as well as during self-study. Attention is focused on the problems in the implementation of training, namely on the fact that the techniques of fighting techniques described in normative legal documents are not adapted to the conditions of operational and service tasks in real-life situations and have technical flaws. The authors have analyzed the directions of improvement of fighting techniques and have drawn conclusions about the expediency of constant modification of fighting techniques.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"98 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133085593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE PROSECUTOR’S POSITION ON A CRIMINAL CASE IN THE ASPECT OF ITS INCONSISTENCY","authors":"S. Arsentieva, A. Savchenko","doi":"10.29039/2413-1733-2021-7-4-100-104","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-100-104","url":null,"abstract":"The article analyzes the situations when, when considering criminal cases, the prosecutor (the prosecutor picks himself up in the article and the status of the public prosecutor) changes his opinion regarding the accusation approved in the indictment, when the verdict is passed in a special order. According to the authors, for a more effective prosecutor’s supervision over the preliminary investigation and a more responsible approach of prosecutors in developing a position while maintaining a charge in court, it is necessary to amend the Code of Criminal Procedure of the Russian Federation.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133495622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PROSECUTOR’S SUPERVISION OVER THE LEGALITY OF PROVIDING FINANCIAL ASSISTANCE TO SUFFICIENT AS A RESULT OF AN EMERGENCY SITUATION","authors":"Y. Basova","doi":"10.29039/2413-1733-2021-7-4-119-129","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-119-129","url":null,"abstract":"The article analyzes the law enforcement practice, in particular the practice of prosecutorial supervision, judicial practice, on the appointment and payment of financial assistance to victims of an emergency. On the basis of the study, the main situations are identified that dictate the need for systematic work in building an integral legislative framework for ensuring the rights of citizens in an emergency situation, in particular: the legality of defining the boundaries of an emergency zone, including all affected territories of settlements in it; the validity of including the affected citizens in the lists for receiving social compensation, the completeness of the formation of such lists. \u0000The aim of the study is to form ideas about the existing law enforcement practice on ensuring the rule of law in the formation of lists of citizens affected by the emergency, as well as the payment of material assistance to them. \u0000In the above study, it is noted that the legal levers used in the supervisory activities of the prosecutor’s office are primarily aimed at ensuring and protecting the rights and freedoms of affected citizens, and are also designed to facilitate finding the activities of authorized entities in the legal field and provide a real solution to the tasks they face in conditions the occurrence of an emergency. \u0000As a result of the study, a number of author’s proposals have been proposed, the purpose of which is to create effective, transparent, understandable conditions for the law enforcement officer to provide financial assistance to citizens affected by an emergency.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127871133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"ENSURING THE RIGHT OF CITIZENS TO EQUAL ACCESS TO PUBLIC SERVICE IN THE LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION","authors":"Alexey N. Nifanov, M. Afanasyeva","doi":"10.29039/2413-1733-2021-7-4-72-81","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-72-81","url":null,"abstract":"The article covers the theoretical and practical aspects of the activities of the Constitutional Court of the Russian Federation to ensure the right of citizens to equal access to public service. An attempt is made to systematize the array of legal positions of the Constitutional Court on chronological and thematic grounds. Examples of final decisions of the Constitutional Court of Russia related to ensuring the right of citizens to equal access to state and municipal service are given.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114591697","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PROGRAMMATIC DE-EXTREMIZATION OF MIGRATION PROCESSES: QUESTIONS OF THEORY AND PRACTICE","authors":"S. Butkevich","doi":"10.29039/2413-1733-2021-7-4-48-57","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-48-57","url":null,"abstract":"The article considers topical issues of the implementation of migration processes on a national and global scale. In particular, a comprehensive research of the reasons and conditions for the emergence and spread of threats of an extremist and terrorist nature connected with legal and illegal migration, including persons professing Islam, was carried out. Emphasis is placed on the prediction of the development of existing and possible migration risks due to the current geopolitical situation. \u0000The main focus is on the analysis of the legislative initiatives of the French Republic concerning countering religious extremism caused by the intensification of migration processes from the countries of Africa and Asia. In addition, the article gives a detailed description of the problems of migrants and refugees during their assimilation, which can be used for illegal purposes, including those aimed at involving them in extremist or terrorist activities. At the same time, the state of the native (local) population associated with uncontrolled migration which can lead to migrant-phobia, protest activity, radicalization of society and destructive activity are described. Also, the interrelation of extremist activity with the radicalization of religion is not put aside. \u0000The study of migration processes in the European Union and the law-making of the French Republic in this field made it possible to develop author’s recommendations for improving the law-making work, law enforcement practice, law enforcement and human rights activities in this segment of ensuring national and collective security.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116031344","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"COMBATING EXTREMIST CRIMES IN RUSSIA","authors":"A. Popov","doi":"10.29039/2413-1733-2021-7-4-186-199","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-186-199","url":null,"abstract":"Today, extremism is one of the main threats to the security of the entire world community, including the Russian Federation. Today, it is a multifactorial problem of our time, both for the entire world community and for the Russian Federation, which has both domestic and foreign policy components. These manifestations form an environment that threatens the progressive development of the world community as a whole, and the Russian Federation in particular. The history of extremism in the context of a political phenomenon indicates its firm tendency to sustainable development and expansion. Various researchers note such trends today have the forms of a network and a global kind, with all this, the threats of extremism are a modern element of world destruction, and also represent the most dangerous challenges for the development of the entire world civilization.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122160982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"SOME FEATURES OF IMPLEMENTATION IN PROSECUTOR’S OFFICES REGULATIONS OF THE LAW ON THE PRESENTATION OF INFORMATION ABOUT THE ADDRESSES OF SITES AND (OR) PAGES OF SITES IN THE INFORMATION AND TELECOMMUNICATION NETWORK «INTERNET»","authors":"E. Kutsenko","doi":"10.29039/2413-1733-2021-7-4-159-164","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-159-164","url":null,"abstract":"The work is devoted to the study of the problems of presenting information about the addresses of sites and (or) pages of sites on the Internet. The current legislation obliges federal government civil servants and citizens applying for such positions to submit information about the addresses of sites and (or) pages of sites in the information and telecommunications network «Internet», where they posted publicly available information. The possible procedure and algorithms for the implementation of such checks, the appropriate identification and disciplinary proceedings against the perpetrators have been analyzed.","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124808357","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"THE PROBLEM OF IMPLEMENTING THE PRINCIPLE OF A REASONABLE PERIOD OF CRIMINAL PROCEEDINGS","authors":"Inga Pankina, Vsevolod Senator I","doi":"10.29039/2413-1733-2021-7-4-114-118","DOIUrl":"https://doi.org/10.29039/2413-1733-2021-7-4-114-118","url":null,"abstract":"The article analyzes the problem of compliance with the principle of criminal procedure — the reasonableness of the timing of criminal proceedings. At present, the number of violations committed by the preliminary investigation bodies related to a reasonable time frame for criminal proceedings has not decreased. The authors analyze the existing mechanism for the implementation of the “principle of a reasonable time in criminal proceedings”. The article proposes the introduction of amendments to the wording of article 6.1 of the Criminal Procedure Code of the Russian Federation, by supplementing the wording of the article with a legislative definition of «the principle of a reasonable period of criminal proceedings.»","PeriodicalId":275116,"journal":{"name":"Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129044524","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}