Gaps in Russian Legislation最新文献

{"title":"MODEL AND STRUCTURE OF THE POLICY OF COUNTERACTING THE CRIME OF TRAFFICKING IN PERSONS","authors":"A. Bekmagambetov","doi":"10.33693/2072-3164-2021-14-5-287-292","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-5-287-292","url":null,"abstract":"The purpose of the research. The article discusses the issues of further modeling of the criminal policy of combating crime in the field of human trafficking. In this regard, the issues of the constituent elements in the structure of the anti-criminal state mechanism are considered. Particular emphasis is placed on the relationship between criminal and criminological policy. The author, having analyzed the research in this area, distinguishes two groups of diametrically opposite points of view of scientists: one group of opinions is the idea that criminal policy is part of the criminological one, the other point of view is the opposite. The author of this work is of the opinion about the need for further integration and interaction between various fields of knowledge, including such areas as criminology of law and criminology of criminal law (law). Based on the fundamental concepts of a number of scientists, the author of the publication presents the structure of criminological legislation in the field of combating crime related to human trafficking, and also once again draws attention to the criminogenic gap expressed in the absence of a basic anti-trafficking law. Conclusions. In accordance with the author's approach, the international and national policy, consisting of criminal law, criminal procedural, criminal executive, operational-search and forensic subsystems, should be included in the number of subsystems of the policy of combating crime related to trafficking in persons. The need for a clear reflection in the official terminological turnover within the framework of the integral conceptual and categorical apparatus of the draft Concept or the national draft of the legal policy of the Republic of Kazakhstan is noted.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126834834","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":"DIFFERENTIATED APPROACH TO THE CONTENT AND VOLUME OF FORENSIC MEDICAL KNOWLEDGE IN COMPETENCES OF DIFFERENT SUBJECTS OF LEGAL PROCEEDING","authors":"Inessa Panchenko, I. Perepechina","doi":"10.33693/2072-3164-2021-14-5-362-369","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-5-362-369","url":null,"abstract":"Aim of the article: to conduct a legal analysis of a differentiated approach to the content and volume of special forensic medical knowledge in the competence of various subjects of legal proceedings for their effective implementation of the norms of criminal procedure and other legislation, as well as of the educational context, within which preparation for professional activities requiring a certain the scope of the relevant competencies is conducted. Conclusions. The article deals with the requirements for the competence in the field of forensic medicine of various subjects of legal proceedings. Expert consciousness (as an integral system of expert thinking, expert knowledge, expert intuition, etc.) is attributed to the special competence of medical persons professionally knowledgeable in the field of forensic medicine. The lawyers participating in the proceedings are assigned an integrating and coordinating role, which requires general competence in forensic medicine, in particular, awareness of the modern possibilities of forensic medical examination and other forms of procedural and non-procedural application of forensic medical knowledge. The specified differentiated approach to the scope of competences of various subjects of the legal process does not imply any consolidation, interchangeability, but directly stipulates the need for goal-setting cooperation within the framework of a strict separation of the procedural roles assigned to these subjects, the integrity of the system of expert consciousness with the separation from it of the minimum necessary elements of forensic medicine knowledge sufficient to implement the procedural role of the investigator and other procedural ones. The consequences of the gaps are predictably negative in the education of lawyers, in particular, investigators, prosecutors, advocates and judges, caused by the absence of the discipline “Forensic medicine” in the basic (compulsory) part of the federal state standard of higher professional education in the field of “Jurisprudence”. The formation of an effective model of cooperation seems to be of current interest between subjects of legal proceedings with considering the establishment of differentiated requirements for the volume and content of forensic medical competencies. The complex structure of forensic competences, qualification requirements for forensic medical experts, the peculiarities of the education of medical specialists - should be taken into account by the subjects of the investigation, the court when involving forensic experts and other doctors to participate in the proceedings. It is necessary to change the wording of Art. 178 of the Criminal Procedure Code of the Russian Federation: «with the participation of a forensic medical expert, and if one’s participation is impossible, - for a doctor» to the wording: «with the participation of a forensic medical expert, and if his participation is impossible, - for another doctor».","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127904491","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":"CYBERSECURITY IN THE CONTEXT OF A NEW TECHNOLOGICAL REVOLUTION AND AN EXPERIENCE OF BRICS STATES","authors":"A. Kartskhiya","doi":"10.33693/2072-3164-2021-14-4-358-365","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-358-365","url":null,"abstract":"The article considers the influence of disruptive technologies as an impact factor of a modern system of cybersecurity and scientific and technological development (STI-Science, Technology and Innovation) in the conditions of the fourth industrial revolution, taking into account the experience of the BRICS countries, as well as the development of mechanisms for international scientific and technical cooperation within the BRICS. The author's finding of an inevitable development of cooperation within the framework of the BRICS group in order to improve information infrastructure and cybersecurity, ivolve national legal systems and creation of impact factors to create wide prospects for cooperation in the information sphere within the BRICS group and on a global scale. The state of information and cybersecurity will largely depend on the effectiveness of the activities of international organizations, associations of states and regional international structures. At the same time, the level of security in the information sphere, the Internet cyberspace has a direct effect on vulnerability within the national security of each BRICS member country and the entire association as a whole.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"30 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114119142","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":"ON SOME ASPECTS OF SOCIO-CRIMINOLOGICAL RESEARCH ON HUMAN TRAFFICKING IN THE REPUBLIC OF KAZAKHSTAN","authors":"A. Bekmagambetov, A. Tabuldenov, D. Batyrbekova, Ruslanbek Suleimenov","doi":"10.33693/2072-3164-2021-14-4-280-285","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-280-285","url":null,"abstract":"Purpose of the study. The article considers and analyzes the results of a socio-criminological study conducted on human trafficking in the Republic of Kazakhstan. The authors substantiate the thesis about the insufficiency of existing measures to combat human trafficking, which determines the need to find the most optimal, modern and timely legislative and law enforcement tools. The paper notes that the study obtained specific results related to the study of the features of the formation and optimization of the conceptual and categorical apparatus of the system of crimes related to human trafficking at the international and national levels; ideas, initiatives, proposals, and key results were developed in terms of modeling the policy of countering crimes related to human trafficking and their implementation in scientific and methodological, practical activities of human rights, law enforcement, and international organizations. Results. Within the framework of the study, the authors conclude that the main reasons for the origin of cases of human trafficking in the Republic of Kazakhstan are poverty, limited economic opportunities for access to effective employment, education, a significant difference in the level of economic development between countries and regions within the country, the crisis of the family, family values, domestic violence, the growth of dysfunctional families, general gender inequality, alcoholism, social orphanhood, and peculiarities of mentality. Social status, low level of education, young age, and psychoemotional state are also factors that increase the chances of becoming a victim of human trafficking.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113968778","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 SCOPE OF ACCREDITATION OF THE FORENSIC LABORATORY: THE CONCEPT AND PATTERNS OF CHANGE","authors":"E. Chesnokova","doi":"10.33693/2072-3164-2021-14-4-340-344","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-340-344","url":null,"abstract":"The purpose of the research work is to analyze the advantages and disadvantages of the «flexible» field of accreditation of forensic laboratories and the field of accreditation that has a rigid range. The development of standardization in forensic science, including the expansion of the number of forensic laboratories that build their activities in accordance with the requirements of the international standard GOST ISO/IEC 17025-2019 «General requirements for the competence of testing and calibration laboratories», encourages us to pay attention to this issue again. In the course of the study, the following conclusions were formulated. Insufficient clarity in defining the «flexible» scope of accreditation and differences in the understanding of its boundaries by the accreditation body, the forensic laboratory and the customer can lead to abuse by individual laboratories and the development of unfair competition. This argument in favor of abandoning the «flexible» field of accreditation for forensic laboratories seems to be much more weighty than the listed advantages of its practical application.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131287384","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":"SMART CONTRACT: CONCEPT, LEGAL REGULATION, ASPECTS OF CONSUMER PROTECTION","authors":"I. Ermakova","doi":"10.33693/2072-3164-2021-14-4-236-247","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-236-247","url":null,"abstract":"The subject of the research is legal norms aimed at regulating by law relations in the field of concluding and executing smart contracts, including issues of protecting the rights of the parties to such contracts, including consumers. The object of the research is social relations arising in the process of creating, concluding and executing of smart contracts. Particular attention is paid to the theoretical and practical aspects of the definition of the concept of “smart contract” and its essence, as well as its legal status. In addition, the article considers approaches to defining the essence of institutions that are closely related to the category of “smart contract”, such as “cryptocurrency”, “digital ruble”, “mining”. The aspects of the protection of fundamental rights of the parties involved in the considered legal relationship, including consumers, are also analyzed. Examples of court decisions regarding the corresponding category of cases are given. The novelty of the research lies in determining the current approaches in relation to the essence, concept and legal status of smart contracts, including the current position of law enforcement practice in relation to this issue. In addition, the novelty of the study lies in considering the practical aspects of the conclusion and execution of smart contracts, including, indicating examples of blockchain platforms on the basis of which smart contracts can function. Ultimately, the study led to the development by the author of some proposals in order to improve the relevant legislation. In particular, the author proposed to consolidate at the legislative level the legal definition of the concept of “smart contract”, indicating the appropriate wording.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128157090","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":"ON THE QUESTION OF DEFINING THE CONCEPT OF \"DIGITAL CONSTITUTIONAL HUMAN RIGHTS\" IN THE MODERN PERIOD OF DEVELOPMENT OF LEGAL SCIENCE","authors":"I. Mikhaĭlichenko","doi":"10.33693/2072-3164-2021-14-4-177-186","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-177-186","url":null,"abstract":"The scientific article considers issues related to the definition of the concept of \"digital constitutional rights of citizens\" and their inclusion in the categorical and conceptual apparatus of the science of constitutional law, in the norms of the constitutions of various states. The author offers an interpretation of this concept. Under \"digital constitutional rights of citizens\", in this scientific article, a set of universal equal opportunities for human behavior enshrined in the norms of the Constitution of the Russian Federation, is meant, and these opportunities determine the procedure for the implementation of individual and joint activities to use digital electronic services, information, digital technologies, digital products, the procedure for guaranteeing protection their rights in the information space. The article proposes ideas, initiatives and suggestions in terms of forecasting the development of digital constitutional human rights that a person currently possesses, using the new information and communication opportunities provided by the global Internet. Conclusions. An analysis of the practice of international legal documents led the author to the conclusion that despite the fact that international organizations are making attempts to regulate relations in this area, work on substantiating digital constitutional norms in some countries is limited to the development of state programs in which normative legal acts are adopted and introduced changes in the norms of sectoral legislation, in other countries the discussion of this problem is only from the perspective of scientific constitutionalists. It is necessary to start work on a comprehensive international program of international legal regulation of relations in the field of digital rights with the involvement of the international legal community, representatives of the science of constitutional law. This will contribute to the development of a categorical and conceptual apparatus in this area of knowledge.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125807074","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 LEGAL FRAMEWORK FOR CYBERSECURITY IN THE RUSSIAN FEDERATION","authors":"A. Serebrennikova","doi":"10.33693/2072-3164-2021-14-4-260-265","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-260-265","url":null,"abstract":"The article is devoted to the study of domestic sources of law in the field of cybersecurity. Based on a generalization of sources in the field of international law, criminal legislation of foreign states and provisions developed in the Russian legal doctrine, the author concludes that it is impossible to effectively combat cybercrime when using the tools of a single state. The need for international cooperation in the designated area is a red line in all program and regulatory documents of the industry. Purpose of the article: The purpose of the article is to analyze international legal norms, current domestic legislation for the possibility of improving the criminal law mechanism for countering manifestations of \"harassment\" in Russian society. Methodology and methods: in this study, the author makes extensive use of methods of analysis, synthesis, induction, as well as the method of interpreting legal norms. Conclusions: as a result of the study, the author comes to the conclusion that it is necessary to ensure the global security of cyberspace by improving the legislation of the Russian Federation and effective international cooperation. In this article, the author presents the genesis of the normative consolidation of the mechanism for countering cyber threats, analyzes the mutual influence of sources of international and state law, considers the main provisions of program and conceptual documents that indicate the essence of Russia's legislative initiatives in the relevant area. The author concludes that taking into account international experience in this issue will contribute to the effectiveness of the reforms. Scope of the results: the material of the article is addressed to students of higher educational institutions, as well as graduate students conducting scientific research in the framework of research. In addition, the conclusions of this article can be used by teachers of law schools as a scientific and methodological material.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116128615","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":"DETENTION AND HOME ARREST: THEORETICAL AND LEGAL ANALYSIS OF THE APPLICATION","authors":"Danil S. Ilin","doi":"10.33693/2072-3164-2021-14-4-308-317","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-308-317","url":null,"abstract":"The article presents the results of a comparative legal analysis of the use of preventive measures in the form of detention and home arrest. Both of these measures are forms of isolation from society of suspects, accused persons, and defendants in criminal proceedings. Thus, detention as a preventive measure, as a general rule, is applied by a court decision against a suspect or accused of committing crimes for which the criminal law provides for a penalty of imprisonment for a term of more than three years, if it is impossible to apply another, more lenient, preventive measure. When choosing a preventive measure in the form of detention, the judge's decision must specify the specific, factual circumstances on the basis of which the judge made such a decision. Such circumstances may not be data that has not been verified during the court session, in particular the results of operational search activities, submitted in violation of the requirements of Article 89 of the Code of Criminal Procedure of the Russian Federation. At the same time, house arrest, along with detention, is classified as a preventive measure that restricts freedom. These measures are identical in terms of preventing consequences. However, this circumstance is often not taken into account by the court. This conclusion is supported by statistics showing a low level of use of home arrest. The article examines the evolution of the legal regulation and application of detention and home arrest. The conclusion is made about the historical continuity of both positive and negative experiences. In particular, the use of detention as a means of influence to obtain \"necessary evidence\", a punitive measure, which does not follow from its essence, is traced. Unfortunately, this practice still exists today, as confirmed by the examples given in the article. The article examines the conceptual aspects of the use of detention and home arrest as an alternative to isolation from society. Proposals for amendments to the criminal procedure legislation aimed at minimizing abuses in the appointment and execution of procedural preventive measures in the form of detention and home arrest are formulated and justified.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133772574","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":"CLASSIFICATION OF INVESTMENTS BY TERMS: SHORT-TERM AND LONG-TERM","authors":"Yu.S. SHpinev","doi":"10.33693/2072-3164-2021-14-4-229-235","DOIUrl":"https://doi.org/10.33693/2072-3164-2021-14-4-229-235","url":null,"abstract":"Currently, there are many options for classifying investments in the scientific community, but almost all authors carry out the classification by terms. At the same time, scientists do not have a single approach to classification by time attribute. In addition, the proposed classification options (short-term, long-term, medium-term), as well as the terms of certain investments themselves, are usually not justified anywhere and are presented as a given. According to the author, such an arbitrary and unjustified classification does not meet the requirements of scientific classification. In addition, different approaches and options for classifying investments by terms in investment textbooks do not contribute to a unified collection, analysis, accounting and reporting in the field of investment, as well as the unification of financial documents in accordance with international standards, but on the contrary, will contribute to the ambiguity of law enforcement practice. Based on the options for classifying investments by terms proposed by the scientific community, an analysis of regulatory acts, as well as international standards in the field of finance and accounting, the author comes to the conclusion that it is advisable to use a single classification by investment period for short-term (up to one year) and long-term (over one year), and fixing such a classification in a regulatory document.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"2003 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127318184","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}