Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law最新文献

{"title":"Mediation in the system of ways of alternative settlement of family disputes","authors":"A. Rabets, M. Khvatova","doi":"10.17223/22253513/46/13","DOIUrl":"https://doi.org/10.17223/22253513/46/13","url":null,"abstract":"The main purpose of the study is to determine the place of family mediation in the system of alternative ways of regulating family disputes; to evaluate the law on mediation in the general system of legislation designed to assist citizens in resolving family conflicts; to develop proposals for further improvement of legislation on mediation. The relevance of the study, its conditionality by a large number of family disputes, difficulties of access to justice, especially when considering cases in the order of administrative proceedings, is substantiated. The special interest of specialists in the field of family law in the theoretical and practical problems of mediation is emphasized. The definition of a family dispute is given as a kind of social conflict of a property or personal non-property nature arising between members of one family or between a family member and another person, if during such a conflict the rights and interests of the family or its individual members are affected. We are talking about disputes arising from legal relations that develop in the sphere of family life, the performance of its social functions. They have different subject composition, respectively, and disputes may arise between spouses, parents and children, other relatives and relatives who are in natural-biological and social ties recognized by law as legal. The definition of the concept of alternative settlement is given, understood by the authors as any settlement of disagreements and resolution of a conflict without a final resolution of the dispute on the merits by the competent authorities with the issuance of a law enforcement act subject to mandatory, including compulsory, execution. During the analysis of existing methods of alternative regulation of family disputes, in particular, used in the activities of notaries, lawyers, bailiffs, guardianship and guardianship authorities and even courts, the authors come to the conclusion that the mediation approach of public authorities cannot completely replace the mediation procedure, since these bodies have to solve the issue on the merits and when the absence of an agreement between the parties. At the same time, as a rule, one of the disputing parties wins, the other loses. This does not happen when using the mediation procedure, since during negotiations with the participation of an intermediary (mediator), the decision is made by the parties themselves or the dispute remains unresolved. In any case, the result of mediation is fixed in the mediation agreement. The author analyzes the range of circumstances that, according to the authors, can be the subject of a mediation discussion and form the basis for resolving the issue on the merits. Attention is paid to the analysis of the principles of mediation in relation to the problems of family mediation. The authors come to the conclusion that it is desirable to conduct family mediation on the principle of free, especially in disputes about children. At the end","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"17 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83084696","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 questioning victims and witnesses in cases of iatrogenic crimes","authors":"A. Knyazkov, E. S. Mazur, I. S. Fominykh, M. Kotlovsky","doi":"10.17223/22253513/46/3","DOIUrl":"https://doi.org/10.17223/22253513/46/3","url":null,"abstract":"The investigation of iatrogenic crimes is markedly complex due to the ambiguity of the rules governing medical treatment. The specific nature of victims and medical witnesses necessitates a systematic review of numerous tactical provisions. The personal characteristics of victims and witnesses are examined, the subject of their interrogation is determined, and the documents presented during the interrogation are also considered. The difficulty of assessing the investigative situation prior to and during the interrogation is highlighted. It is suggested that the question of the victim's condition prior to the relevant medical treatment be included in the content of the interrogation of the persons concerned. Existing classifications of witnesses are assessed and necessary clarification is made as regards their division into stable and unstable. The problem of the language style of communication between the investigator and the interrogated persons, first and foremost the witnesses with medical knowledge, is examined. Its essence is that besides an aspect of an establishment and maintenance of the psychological contact with the interrogator, reached by the understandable for the named person terminological content of dialogue, there is an searching-cognitive aspect of the special terminology, which is objectively difficult to avoid due to the character of clear circumstances, mediating the sphere of the medical aid. From the point of view of the predictive function of this study, a way of solving this problem is outlined. In the authors' opinion, it consists in conjunction of functional manifestation of identity of an investigator with the subject-terminological discourse, defined in the most general form of a criminological characteristic of the investigated crime (groups of crimes), each element of which more or less has its own terminological description. When preparing to question witnesses and victims, it is suggested that so-called duplicate questions be formulated which would preserve the specifics of the subject matter of the case as reflected in the interrogation report and at the same time contain the necessary clarifications of the relevant testimony. The views on the types of criminal violations of medical treatment activity are evaluated. The conclusion is made that deontological violations, manifested in the deviation from medical ethics, cannot be considered a criminal violation of medical treatment activities, as they are not included in the mechanism of crime as an element of the criminological characteristics of the crimes under consideration. For the same reason, omissions in the completion of medical records, manifested in obscure, inaccurate entries should not be included in the number of criminal violations of the rules of medical and therapeutic activity. The possibility of building algorithms for the investigation of iatrogenic crimes depending on the type of criminal violation of the rules of medical practice is pointed out","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"39 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84920652","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":"Digital currency: prospects and analysis of the market of cryptocurrency exchanges in Russia and foreign countries","authors":"N. Dulatova","doi":"10.17223/22253513/46/11","DOIUrl":"https://doi.org/10.17223/22253513/46/11","url":null,"abstract":"The scant legislative definition of the phenomenon of virtual currencies, the lack of established business circulation and, consequently, the scattered judicial practice, all point to the complexity of understanding the legal status of electronic digital media - digital currency. Since distributed ledger technology is still in its infancy, digital currency users, miners, cryptocurrency exchange owners, tax regulators and policymakers face a number of unresolved issues at the national and international level. It is unlikely that any major economy today would support a cryptocurrency such as bitcoin, which cannot be controlled by a central bank and was created by a secretive cryptographer. Nevertheless, we believe that central banks around the world will launch their own digital currencies, combining the advantages of cryptocurrencies and traditional money. For the future: despite the legislative basis for the fixation of digital currency in Russia, we believe that the further free use and use in civil circulation of cryptocurrency is questionable. Introduction in the near future by the Central Bank of Russia of such a category of object or a type of non-cash money as \"digital ruble\" practically excludes the free circulation of digital currency. Presumably, that (central bank digital currency, CBDC) or digital ruble will work on the principle of optional means of payment, combining the properties of cash and non-cash funds and subject to issuance by the Bank of Russia in a digital format. The issues related to the legal status of digital rubles today are open and are in the plane of not only civil law, but also constitutional law. The analysis of crypto-exchanges around the world presented in this article reveals one trend - these activities are subject to licensing. For the full development of global financial activities, including the cryptoindustry, the development of competent business legislation on the organizers of trade turnover - crypto-exchanges - with the establishment of general principles of their activities, with the definition of the criteria of these subjects, as well as the content of their actual activities is necessary. To regulate such an institution, a specialized type of licensing is needed, by analogy with fiat money activities, based on the progressive experience of such states as Malta, Estonia, the USA, Canada, Latin America, Switzerland, Japan, etc... Such licensing could be tiered, depending on the volume of cryptocurrency transactions. The creation of strict standardization for any trade, exchange transactions with digital currency would allow Russia to be a full participant in global business. Finally, improving the legal literacy of Russians when participating in exchange activities will raise the status of investment, allow the population to avoid financial risky operations, which will ultimately contribute to the stabilization of the economic situation in the country. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"9 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86475014","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":"Sanctions for violent offences against the sexual integrity of minors: issues of improvement","authors":"Tatiana A. Plaksina","doi":"10.17223/22253513/46/4","DOIUrl":"https://doi.org/10.17223/22253513/46/4","url":null,"abstract":"Despite the fact that the original version of the Criminal Code provided for very severe penalties for violent crimes against the sexual inviolability of minors, the penalties were repeatedly changed by the legislator to be stricter and were finally formed in their current form in 2012. Since that time, the minimum penalty for rape and violent acts of a sexual nature committed against a young child (article 131, paragraph 4, and article 132, paragraph 4, of the Criminal Code) has been twelve years' deprivation of liberty and the maximum penalty has been twenty years. Under article 131, paragraph 5, and article 132, paragraph 5, of the Criminal Code, life imprisonment may be imposed for the above offences in cases of special recidivism. However, The analysis of the dynamics of the content of sanctions for violent crimes against the sexual inviolability of minors has shown that there is little room for increasing legislative penalisation through changes in sanctions. Moreover, there is a fragmented excessive repressiveness of sanctions, which manifests itself in their inconsistency with sanctions for other especially grave crimes against the person, in particular, murder. The enhancement of liability may only be done by means of expansion of the range of acts foreseen by parts 5 of article 131 and 5 of article 132 of the Criminal Code of the RF, at the expense of some highly dangerous varieties of crimes against sexual inviolability of minors, which was done with the adoption of the Federal Law No. 3-FZ of 28 January, 2022. However, the application of this method requires special caution and a balanced assessment of the degree of public danger of specific varieties of the crimes in question. In general, any amendments aimed at legally increasing the criminal punishment for these crimes should be preceded by the separation of these crimes under Art. 132 and 132 of the Criminal Code should be separated from all other types of sexual crimes, including crimes against minors, which are only conditionally equivalent to violent crimes according to the note to Article 131 of the Russian Criminal Code. New criminal legislation would need to address the apparent lack of harmonisation of sanctions for violent crimes against the sexual inviolability of minors with sanctions for other crimes against the person. At present the shortcomings of the sanctions related to their incomplete correspondence to the degree of public danger of the acts reflected in the dispositions are to some extent mitigated by the judicial practice. The study of practical penalisation of the crimes in question does not confirm the need for further legislative strengthening of liability for them, as the courts do not make full use of the repressive potential of the available sanctions. Life imprisonment under part 5 of article 131 and part 5 of article 132 of the Criminal Code is imposed in single cases; while imposing punishment under part 4 and part 5 of article 132 of the Criminal Code","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"32 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81609275","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 institution of dismissal of an employee at the initiative of the employer in 1970-1980 as a reflection of the problems of Late Soviet Labor Law","authors":"Nikolay V. Demidov","doi":"10.17223/22253513/46/10","DOIUrl":"https://doi.org/10.17223/22253513/46/10","url":null,"abstract":"By the beginning of the 1980s, the legal regulation of relations on termination of an employment contract at the initiative of the employer remained unchanged for a decade. The prevailing volume of norms was fixed in 1970. Fundamentals of the legislation of the USSR and the Union Republics on Labor and the Labor Code of the RSFSR of 1971 Article 254 of the Labor Code of the RSFSR of 1971 fixed additional grounds for the release of certain categories of workers. The grounds for dismissal of employees with a special legal status were also fixed in the branch Charters on labor discipline. Disciplinary dismissals occupied a place in a more extensive system of punishments than today. In addition, a remark, reprimand, strict reprimand, transfer to a lower-paid job could be applied to an employee with a general status. During the period under study, many constructive approaches to the interpretation of legislation and filling in gaps were developed by judicial practice. In the field of dismissal due to loss of trust, the interpretation of categories of persons serving monetary or commodity values has been formed. Relevant to Soviet practice was the modern problem of the absence of a normative list of persons directly servicing monetary or commodity values. The judicial practice of the late Soviet period also contained ambiguous approaches. Thus, during the period under review, the tradition of Soviet and Russian courts to interfere in the employer's decision to dismiss for violation of labor duties without valid reasons took root. Contrary to the ideological attitude towards the withering away of the right, the reverse process unfolded. The volume of regulatory prescriptions in the field of dismissal at the initiative of the employer has been continuously increasing, theoretical and practical developments have been introduced, legal conflicts have been overcome. However, technical and legal development did not solve the main problem of late Soviet labor law - a large-scale decline in labor discipline in all sectors of the national economy. Difficulties with the behavior of employees and employees can be traced both directly, through legislative and party acts, and indirectly, through a significant mass of publications on the relevant topic. The constructiveness of the scientific search of the 1980s was to a certain extent reduced by its ideologization. It was politically impossible to admit that the Soviet economic organization alienated the worker from the result of labor to a greater extent than the capitalist one. New means of ensuring labor discipline were developed in an axiomatic coordinate system. The key characteristic of the institution of dismissal of an employee at the initiative of the employer during the 1970s and 1980s was the undesirability of termination of the employment contract. This attitude can be traced in legislation, judicial practice, scientific works, statistical data. Its reasons are explained by \"staff turnover\", i.e. the fre","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"41 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90884410","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":"Criminal procedure as a form of social conflict resolution","authors":"D. N. Lozovsky, Igor M. Alekseev, E.E. Alekseeva","doi":"10.17223/22253513/47/4","DOIUrl":"https://doi.org/10.17223/22253513/47/4","url":null,"abstract":"The purpose of the research is an attempt to prove the independence of criminal procedure law in relation to criminal law. However, in the course of research, the authors were confronted with the fact that the traditional approach based on legal positivism does not allow one to distinguish other criminal procedural law, except for criminal law. However, a similar understanding of law and process does not allow to reveal their ability to resolve conflicts. In this regard, in the study, the authors turned to the methodology developed by modern hermeneutics, using the communicative theory of law as the main method for studying criminal procedure law, where law acts as a means of interaction between people, which sets the boundaries for such interaction, which made it possible to look at the criminal process as a way communications. In the process of such communication, conflicts arising in society that are basically criminal in nature are resolved. In the field of criminal proceedings, this allowed to say, if the case concerns a criminal law conflict, then we should not talk about the emergence of criminal law relations. Based on that, the authors conclude that the criminal procedure law is independent. This follows, first of all, from the fact that the process does not boil down to the application of criminal law, but performs the function of resolving conflicts and can well do without applying a specific norm of the Criminal Code of the Russian Federation, for example, in case of reconciliation of the parties (Article 25 of the Code of Criminal Procedure of the Russian Federation) or in connection with compensation for damage (Article 28.1 of the Code of Criminal Procedure). The authors conclude that criminal law is the legal means of institutionalizing possible social conflicts, and the criminal process is a form of resolution. Thus, the fact of committing a crime is losing its significance; instead, the conflict that has come to the fore is highlighted. Moreover, the process serves only as a form of conflict resolution, which translates it into a legal channel. Without criminal law, procedural procedures lose all meaning, which, however, does not put the process in a subordinate position with respect to law. Based on the functional load of law as a form of resolving social conflicts, the authors conclude that the process is functionally designed to resolve them. At the same time, the application of the criminal law norm as a result of procedural activity loses all meaning. Instead, the fact of resolving the conflict, which may occur, for example, in reconciliation of the parties, is of importance. Thus, the criminal procedure form is functionally designed to resolve criminal law conflicts arising in society.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"38 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77134843","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":"Legal regulation of the conflict management system in the UK","authors":"E. Voronkova","doi":"10.17223/22253513/46/9","DOIUrl":"https://doi.org/10.17223/22253513/46/9","url":null,"abstract":"The analysis of the legal regulation of conflict resolution in the organisation and the rather effective practice of its application in Great Britain proves the necessity of using foreign experience to improve Russian labour law in this sphere. At the same time, despite the absence of similar regulations in Russia, it is not enough to speak only of the need to develop and implement them to resolve social and labour disputes that have already arisen in the organisation. The concept of conflict management as a strategic goal of the employer for the development of social and labour relations should be introduced. The conflict management system can be a unity of: the employer's conflict management policy; organizational conditions that ensure distribution and implementation of conflict management authority among representatives of the employer; the system of local regulations mediating conflict management in the organization; and conflict management procedures. Conflict management procedures should include both measures to anticipate and prevent disagreements in the course of joint work activities and to resolve and resolve conflicts that have arisen. Preventing the emergence of conflicts involves: 1) creation of a culture of diversity and inclusive environment in the organisation; 2) detailed regulation of business processes with clear distribution of functions between structural units and labour duties between employees occupying relevant positions; 3) distribution of conflict management responsibilities between employer representatives using management levels; 4) procedures for organising and conducting training of officials in conflict management; 5) informing and advising employees on ur. Regulations on the structural subdivisions of the organisation, job descriptions of heads of structural subdivisions should stipulate responsibilities for settlement and resolution of conflicts, including personal interviews with subordinate employees to prevent disagreement, acceptance of applications and complaints, their review and making initial (final) decisions on the complaint, etc. The procedures for resolving and settling conflicts that have arisen should describe the procedure for holding employees liable for labour law violations and handling complaints against the employer, its representatives and other participants in the labour process. The conclusions presented in this article could be used by Russian employers in local rulemaking and organisational, managerial and enforcement practice in the organisation. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"24 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86518918","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":"Tactical-psychological aspect of interaction in the process of communicative investigative actions","authors":"Alena S. Skorevich","doi":"10.17223/22253513/46/5","DOIUrl":"https://doi.org/10.17223/22253513/46/5","url":null,"abstract":"In an interrogation, the tactical value lies primarily in those structural elements of the forensic characteristic of the personality of the interrogator that suggest the possibility of effective influence on him or her. The effectiveness of the influence depends on the extent to which the personality traits are receptive to the stimulus contained in the tactical technique. Identifying the personality traits of the interrogator is therefore a necessary part of the interrogator's activity in communicative investigative actions. In order to investigate the ability to intuitively determine psychological properties of a person, a study was carried out. The collected empirical data demonstrates the following performance of psychodiagnostic skills without prior special training. When identifying a personality trait from a pair of polarities, the vector was correctly identified in 96 cases, or just under half (45.7%). Error gradation in quantitative determination of a personality trait is distributed as follows: a small error (up to 10 points) in 63 cases, a medium error (11-20 points) in 22 cases, and a large error (21-30 points) in 5 cases. The analysis of the obtained data allowed us to formulate the following conclusions. Conclusion 1. Interaction in the absence of specific training allows the psychological characteristics of the counterpart's personality to be assessed with 31 to 70 per cent accuracy. Conclusion 2. The effectiveness of tactical interactions is enhanced when directed at a susceptible personality characteristic. A significant error in the identification of psychodiagnostic characteristics based on the mundane level of skill in the tactical plan means the selection of ineffective or even counterproductive tactics. Conclusion 3. A solution to the problem of establishing personality characteristics beyond the habitual perception of the interrogator can be offered in the form of providing a description of the psychological characteristics of the individual. This description can be formulated in the format of a benchmark, psychotypes, parameters. - Benchmark A format for describing a person's characteristics that represents an example of a person who possesses the relevant psychological traits. - Psychotypes a format for describing personality characteristics, which represents mutually exclusive classification groups formed on the basis of psychological properties. - Parameters A format for describing personality characteristics that represents the structural components of a personality (such as processes, states and properties) in quantitative terms. Conclusion 4. Adaptation of borrowed knowledge having criminological value is reasonable to make, firstly, in relation to structure and content of tactical recommendations, secondly, in relation to personal features of the person conducting the criminal investigation, and thirdly, to the personality of the investigator. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"104 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79425022","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":"Computer modeling based on a neural network as a tool for obtaining criminologically significant information on assessing the state of crime: based on the materials of the Republic of Kazakhstan","authors":"Aleksandr Bashirov, T. Volchetskaya, B. Nurgaliyev, T. Khanov","doi":"10.17223/22253513/46/1","DOIUrl":"https://doi.org/10.17223/22253513/46/1","url":null,"abstract":"The purpose of the study is to obtain the missing information related to the assessment of the degree of influence of changes in some socio-economic factors on the state of crime and its individual manifestations. The motivation for the study is related to the initiative of the President of the Republic of Kazakhstan Kassym Jomart Tokayev to increase the minimum wage. The justification for the increase in the minimum wage was a calculation that showed an increase in gross domestic product by 1.5%. The method of research is computer modeling based on the functioning of a neural network. The creation and training of the neural network was based on official statistical data of the Republic of Kazakhstan. At the initial stage of the study, the effectiveness of the chosen method was tested in comparison with other methods of information processing and analysis. The test showed a higher accuracy of calculation using a computer neural network. The dependence of changes in the minimum wage with an increase in gross domestic product and a decrease in the crime rate was confirmed. At the next, main stage of the study, there was a need to improve the neural network by optimizing the input matrix intended for training. Optimization lies in the fact that the learning matrix was formed by those values of socio-economic parameters, the impact of which on the level of crime and crime associated with manifestations of terrorism and extremism is maximal. Test comparisons of calculation results using neural network training optimization showed more accurate data compared to standard neural network training. Using a more advanced neural network, modeling of the expanded impact of changes in the minimum wage on the level of crime and criminal activity of an extremist and terrorist nature was carried out. The simulation results showed that the dependence of changes in the crime rate on changes in the minimum wage has a more complex nature of influence, in which it is important to determine its optimal value. The increase in the minimum wage has practically no effect on crimes of special gravity. They can mitigate the manifestations of peak activity of crimes of particular severity, but they do not have a significant impact on this type of crime. The research group notes the universality of the described software tools. Its application can be significantly expanded and used in various applications related to law enforcement. The authors declare no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"102 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91023255","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":"Transformation of State functions under the influence of pandemic conditions","authors":"A. Trutaeva","doi":"10.17223/22253513/46/15","DOIUrl":"https://doi.org/10.17223/22253513/46/15","url":null,"abstract":"The pandemic of the new coronavirus infection, which has been going on in the world for several years, is regarded as a global challenge to the existing structure of public life, the economy, and the state, having had a powerful destructive impact on all spheres of people's lives. Assessing the pandemic as a total threat in the world of work, the International Labour Organization (hereinafter - the ILO) in one of its reports stressed that policy responses should primarily be aimed at solving such tasks as protecting workers, employers, and their family members from the threat posed by a new coronavirus infection, establishing and strengthening protection measures. from it, as well as support for employment and income, stimulating the economy and demand for labor. Among the main state responses in the field of social protection of the ILO are access to medical care, social security in connection with illness (temporary disability benefits), protection from unemployment, social protection of elderly citizens and families with children, the establishment of temporary social benefits for socially vulnerable categories of citizens, benefits in the field of taxes and contributions for social insurance, ensuring the prompt and correct operation of the mechanism for providing social security. In an attempt to counter the multiple and extensive negative effects of the pandemic, today often referred to as a coronacrisis in general, to protect the population from such, States have taken various measures, and often radical ones. The researchers note that the most common areas of work of states around the world have become support for national health systems, support for living conditions and incomes of the population, state lending to business, tax measures for the population and business. It seems that in the conditions of a pandemic, any functions performed by the State ultimately lead to consequences inherent in the social function. And such a transformation of the functions of the state today is more in line with the public demand. Stimulating, supporting or limiting steps that have been taken in various countries of the world in order to counteract the consequences of the pandemic and protect the population and business from such, have received an ambiguous and sometimes contradictory assessment of citizens. It should be noted at the same time that in the current situation, threatening danger even with elementary social interactions, restrictive measures were approved by citizens: the latter were not always against the establishment of a ban on movement, social contacts, etc. The experience of the pandemic has shown that the intervention of public authorities in the spheres of public relations, in which their active participation previously caused contradictions and was limited in order to provide participants with freedom of expression, is now a necessity and is mainly approved by society.: This is characteristic of both the sphere of civil turnover (r","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"83 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90827771","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}