Вопросы безопасности最新文献

{"title":"Differentiation of criminal liability as an element of criminal law policy in the field of fair competition protection","authors":"A. Danilovskaia","doi":"10.25136/2409-7543.2024.1.70062","DOIUrl":"https://doi.org/10.25136/2409-7543.2024.1.70062","url":null,"abstract":"\u0000 The subject of the study is the issues of differentiation of criminal liability for crimes infringing on fair competition (hereinafter also anti–competitive crimes), as an element of criminal law policy in the field of protection of fair competition. In particular, the problems of identifying such a group of crimes, criteria for differentiating responsibility are studied using the example of analyzing both named and non-specified elements of crimes of certain qualifying signs of crimes, other means of differentiating responsibility for their commission, problems of building sanctions for crimes of the group in question.The purpose of the work is to assess the current state, identify problems of differentiation of criminal liability for crimes that infringe on fair competition, in the light of official recognition of the need to counter them as a threat to economic security, and identify ways to solve them. The research methodology is based on general scientific and private scientific methods of cognition – historical and legal, methods of system analysis, logical, comparative, formal dogmatic methods, the method of legal forecasting and classification, questionnaires. The novelty lies in: 1) in the study of the provisions of the Criminal Code of the Russian Federation in their relation to the Federal Law \"On Protection of Competition\" in order to establish criteria for the allocation of a group of anti-competitive crimes and substantiate the differentiation of responsibility for their commission; 2) in proposals on the allocation as independent elements of crimes of certain types of violations of antimonopoly legislation for which criminal liability has not been established, as well as on the inclusion in a number of articles of the Criminal Code of the Russian Federation of a sign of committing a crime for the purpose of unfair competition, as differentiating responsibility for crimes involving illegal trafficking of intellectual property in the field of entrepreneurship; 3) in the analysis of problems of means of differentiating responsibility for encroachments on fair competition and in proposals for their improvement, 4) in the proposal to keep official records of a group of anti-competitive crimes in the field of the formation of static reporting on crimes committed in the structure of crimes of economic and corruption orientation. The conclusions are that the elimination of the problems of differentiation of criminal liability for anti-competitive crimes, as well as the official accounting of such crimes, is the key to the effectiveness of the entire criminal law policy in the field of fair competition protection.\u0000","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"40 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140523992","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":"An Approach to Evaluating the Effectiveness of Systems for Countering Robotic Complexes at Important Facilities","authors":"Vladimir Viktorovich Il'in, Nikolay Vladimirovich Nikolaev, Maksim Igorevich Nekrasov, Artem Maksimovich Sokolov","doi":"10.25136/2409-7543.2023.4.39479","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.4.39479","url":null,"abstract":"The subject of the study is a scientific and methodological apparatus for evaluating the effectiveness of systems for countering robotic complexes. The object of research is a scientific and methodological apparatus for analyzing systems for countering robotic complexes at important facilities. The aim of the work is to develop a scientific and methodological apparatus for evaluating the effectiveness of systems for countering robotic complexes at important facilities in the direction of taking into account their structure, spatial configuration, as well as the synergetic effect of the joint use of heterogeneous technical means as part of the system. In order to achieve the research goal, the general logical-probabilistic modeling method and the tools of modern geoinformation systems are comprehensively applied in the work. The article proposes a new approach to evaluating the effectiveness of spatially distributed multi-bridge systems for countering robotic complexes. The results obtained can be used by interested organizations to evaluate the effectiveness of variants of such systems and identify their vulnerabilities. The scientific novelty consists in the development of an approach to assessing the effectiveness of spatially distributed multi-border systems for countering robotic complexes, taking into account their structure, spatial configuration, as well as the synergetic effect of the joint use of heterogeneous technical means of countering robotic complexes through the integrated use of new logical-probabilistic models and modern geoinformation technologies. The results obtained in the article indicate that the goal of the work has been achieved.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135773233","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":"A Note on the Definition of Ethnic Enclave","authors":"Mikhail Vladimirovich Ul'yanov","doi":"10.25136/2409-7543.2023.4.68753","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.4.68753","url":null,"abstract":"The author considers in detail the main approaches to the definition of ethnic enclave and enclavization. Taking into account the degree of elaboration of this problem due to the peculiarities of historical development, special attention is focused on the approaches reflected in foreign English-language publications on the economy of the enclave and social modeling. The author also addresses the problem of the formation of ethnic enclaves in the Russian Federation, acting as an obvious threat to public security. The methodological basis of the research is presented by the general dialectical method of scientific cognition. The prospects of enclavization are illustrated by official statistical data on the number of people registered for migration and who have received citizenship. Based on the analysis, it is concluded that the main features of an ethnic (polyethnic) enclave are the presence of a special economic structure and socio-cultural environment that exclude the processes of assimilation into society. In order to identify the enclave, it is advisable to use sociological methods (questionnaires, surveys of the local population) and a survey of the territory. Considering that migration processes are related to the determinants of crime, it is necessary to study the phenomenon of ethnic enclaves in a criminal aspect. Moreover, with the growth of external migration, the prospects of enclavization seem quite real. The negative consequences of enclavization are the growth of social exclusion, tension, an increase in crime, including migration and organized ethnic crime.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135773172","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":"Investment activity in Russian regions under sanctions and restrictions","authors":"Vladimir Gavrilovich Starovoitov, Yurii Aleksandrovich Krupnov, Natalia Vladimirovna Lapenkova","doi":"10.25136/2409-7543.2023.4.44135","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.4.44135","url":null,"abstract":"The subject of the study is organizational, managerial, socio-economic relations that arise in Russian regions and municipalities during the implementation of investment projects under the conditions of sanctions. The purpose of the study is to analyze and develop recommendations for regional and municipal authorities on attracting investments in the conditions of severe sanctions pressure from “Western” countries on the Russian Federation. The article uses empirical research methods to identify, analyze new trends and best practices in attracting investment to Russian regions and municipalities. The authors examine in detail such aspects of the research topic as the increasing importance of attracting investment to municipalities and regions due to a significant reduction in foreign direct investment due to the imposed sanctions. Particular attention is paid to identifying sources of investment capital in Russia and in “friendly” countries. As well as creating conditions for the implementation of investment projects in Russian regions and municipalities under unprecedented sanctions restrictions. To activate investment processes, it is necessary to ensure: the development and implementation of development strategies for municipalities and regions; identification and use of “unique” natural, industrial and human resources; development of investment infrastructure; creating conditions for the relocation of modern production complexes from large cities; the preferred choice of investors from “friendly” countries and representatives of domestic businesses returning capital from Western offshores; formation of special economic zones in the regions. The novelty of the study lies in the fact that, based on an analysis of the best domestic practices, specific recommendations have been developed for regional and municipal authorities on searching and attracting investment resources to Russian regions and municipalities under the conditions of “strict” sanctions restrictions. The use of research results makes it possible to intensify the processes in regions and municipalities: attracting modern high-tech economic facilities; increasing production and financial potential; improving the quality of life of the population, etc.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"262 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135772804","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":"New challenges and threats in the digital space: security as a criterion for the development of information technologies","authors":"Andrei Kirillovich Duben","doi":"10.25136/2409-7543.2023.3.44062","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.3.44062","url":null,"abstract":"The object of this study is public relations related to information security in The Russian Federation in the face of new challenges and threats, as well as digital transformation and geopolitical changes. The subject of the study forms a set of legal norms of normative legal acts of the Russian Federation regulating public relations in the field of information security, as well as the provisions of theoretical interdisciplinary research in this area. Special attention is paid to security issues, which occupy one of the key values in the domestic and foreign policy of the state, determining further national interests and strategic national priorities, goals and objectives of state policy and sustainable development of the state for the long term. The issues of ensuring information security are becoming more and more urgent in view of the global digital transformation of all spheres of life, as well as the aggravation of geopolitical contradictions and the strengthening of interstate information warfare. The author concludes that it is obvious that it is expedient to legislate at the federal level the legal foundations of the national information security system in the Russian Federation in order to use information and legal means in the conditions of digitalization, the growth of geopolitical challenges and risks, the global socio-economic crisis, the formation of a multipolarity of the world, aimed at increasing the security of Russian information resources, information systems and objects of information infrastructure. The author raises the question of the possibility of including certain legal norms in the domestic information legislation in the part in which such norms regulate relations in the field of performance by public administration bodies of functions ensuring security in the information sphere.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135532394","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":"Responsibility for the rehabilitation of Nazism (Article 354.1 of the Criminal Code of the Russian Federation): the composition of the crime and the discussion around it","authors":"Vladimir Nikolaevich Safonov, Daniil Vadimovich Andreev","doi":"10.25136/2409-7543.2023.3.44085","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.3.44085","url":null,"abstract":"The subject of the study is the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation (Rehabilitation of Nazism), and the judicial practice of its application. The purpose of the study was: substantiation of the need to consolidate this article in the Criminal Code of the Russian Federation; identification of problems of qualification of this crime by courts based on judicial practice; proposals for their resolution and delineation from related crimes, development of recommendations for optimizing the legal norm. When writing the article, general, general scientific, private scientific and special research methods were used. Turning to the debatable issue of the need to criminalize this act, the authors cite various points of view regarding the appearance of this article in the Criminal Code of the Russian Federation, note the inherent shortcomings of the legal norm itself. Particular attention is paid to the categorical apparatus of the article, terminology, and delineation of the crime in question from other crimes. The problem of the location of this article in a special part of the Criminal Code of the Russian Federation is considered separately. The main conclusion that the authors came to as a result of the study is the need for this memorial law in the criminal law of the Russian Federation, as one of the factors of ensuring the security of the state. The shortcomings of the legal technique of the article under consideration are revealed, ways of solving them are proposed, the position on the inclusion of Article 354.1 of the Criminal Code of the Russian Federation in Chapter 29 of the Criminal Code of the Russian Federation (Crimes against the foundations of the constitutional system and state security) is substantiated. Practical measures aimed at optimizing the effectiveness of this criminal law norm are proposed.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"488 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135533694","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":"Algorithms for extracting information from problem-oriented texts on the example of government contracts","authors":"Petr Vladimirovich Nikitin, Rimma Ivanovna Gorokhova, Elena Yur'evna Bakhtina, Vitalii Igorevich Dolgov, Dmitrii Igorevich Korovin","doi":"10.25136/2409-7543.2023.3.43543","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.3.43543","url":null,"abstract":"The research is aimed at solving the problem of the execution of government contracts, the importance of using unstructured information and possible methods of analysis to improve the control and management of this process. The execution of government contracts has a direct impact on the security of the country, its interests, economy and political stability. Proper execution of these contracts contributes to the protection of national interests and ensures the security of the country in every sense. The object of research is algorithms used to extract information from texts. These algorithms include machine learning technologies and natural language processing. They are able to automatically find and structure various entities and data from government contracts. The scientific novelty of this study is the accounting of unstructured information in the analysis of the execution of government contracts. The authors drew attention to the problem-oriented texts in the contract documentation and suggested analyzing them with numerical indicators to assess the current state of the contract. Thus, a contribution was made to the development of methods for analyzing government contracts by taking into account unstructured information. The proposed methods for analyzing problem-oriented texts using machine learning. This approach can significantly improve the evaluation and management of the execution of government contracts. The results of the interpretation of problem-oriented texts can be used to optimize the risk assessment model for the execution of a government contract, as well as to increase its accuracy and efficiency.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135533658","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":"Information about computer handwriting: The challenges of finding a balance between individual liberty and state security","authors":"Anna Denisovna Tsvetkova","doi":"10.25136/2409-7543.2023.3.43749","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.3.43749","url":null,"abstract":"The present study is devoted to the introduction of biometric identification systems in law enforcement. The author pays special attention to the phenomenon of computer handwriting, examining in detail the constitutional and legal aspects of the use of knowledge about it. For this purpose a wide methodological apparatus is used: comparative-legal method, method of analogy, deduction, method of modelling and others. The Russian practice and potential for further development are compared with the experience of foreign countries both in the regulation of general issues of biometric personal data and in situations of legal regulation of computer handwriting data. The author investigates how to simultaneously solve the problems of detection and investigation of offences in which printed texts act as evidentiary materials, and at the same time preserve human rights to privacy, personal and family secrecy, anonymity on the Internet. It is noted that computer handwriting is a rather young phenomenon for legal science; there is still no in-depth study of it from the perspective of this field of knowledge. This paper is only a beginning in understanding the topic under consideration. It raises basic questions: whether it is permissible to use knowledge about computer handwriting, how it should be protected and where it should be stored, whether it is necessary to limit the existing commercial interest in its use. As a result, the author comes to the following conclusions: it is permissible and necessary to collect information on computer handwriting, as this will reduce infringements on the natural rights of man and citizen. For such collection it is necessary to use a centralised state system in which all the requirements for the security of critical information infrastructure are implemented. However, before such a system is put into operation, it is necessary to support commercial companies in relevant developments and oblige them to provide information about users' computer handwriting at the request of authorised persons.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"201 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135533685","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":"Forensic Support for the Disclosure and Investigation of Crimes under Article 210.1 of the Criminal Code of the Russian Federation (Occupying the Highest Position in the Criminal Hierarchy)","authors":"Ruslan Sibagatullovich Khamidullin","doi":"10.25136/2409-7543.2023.3.38481","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.3.38481","url":null,"abstract":"Based on scientific sources and practical experience, the article examines problematic issues of criminalistic support for the disclosure and investigation of crimes related to the occupation of a person of the highest position in the criminal hierarchy. The subject of the study is some features of the identification, disclosure and investigation of the crime provided for in Article 210.1 of the Criminal Code of the Russian Federation. The object of the study is public relations arising in the process of countering organized crime, in particular criminal authorities having the statute \"thief in law\", \"polozhenets\", \"looker\". The author examines in detail such aspects of the topic as the peculiarities of identifying persons occupying the highest position in the criminal hierarchy, establishing the circumstances of \"crowning\" or obtaining the appropriate status. Within the framework of forensic support, the issues of technical-forensic and tactical-forensic support for the detection of signs of a crime, material and ideal traces, as well as the specifics of their fixation and use in proving criminal cases are considered. The main conclusions of the study: effective forensic support for the disclosure and investigation of a crime under Article 210.1 of the Criminal Code of the Russian Federation \"Occupying the highest position in the criminal hierarchy\" is not possible without a clear legislative definition of the concept of a person occupying the highest position in the criminal hierarchy. To increase the effectiveness of the fight against organized crime, it is necessary to develop methodological recommendations and algorithms for identifying and bringing to criminal responsibility persons occupying the highest position in the criminal hierarchy.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135533510","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 foundations of the national security of the Russian Federation","authors":"Rustam Abdulkadirovich Shikhnabiev, Irina Alekseevna Afonina, Ol'ga Alekseevna Volkova","doi":"10.25136/2409-7543.2023.3.43748","DOIUrl":"https://doi.org/10.25136/2409-7543.2023.3.43748","url":null,"abstract":"This article is based on the results of the historical and legal analysis of sources and documentation, which investigated the concept and structural features of the legal regulation of national security. The article identifies concepts and approaches to the formulation of the concept of \"national security\". The historical cross-section of the formation of the legal regulation of Russia's national security programs has also been studied. Method, methodology of the study. In the process of working on the article, relevant research tools and techniques of the general scientific type were used, as well as such methods of scientific cognition as analysis (including historical and legal, synthesis, method of abstraction and modeling, system-structural approach, functional and formal-logical methods). Thanks to the use of a system-legal approach, it became possible to build a hierarchy of existing regulatory legal acts that perform the role of regulators in matters of national security of the Russian Federation. The issues of protecting the security of the state and strengthening it serve as the foundation for protecting the vital values of the country and its interests. Due to the increase in the level of military threat and tension since 2014, as well as the intensification of this threat since the beginning of a special military operation in February 2022 by Russia in Ukraine, there is an objective need for an operational, strategic response of the state system to new military challenges and threats to the national security system of the country. The threat is the strengthening of destructive tendencies in the activities of Western states, the formation of foreign military-power infrastructure formations near the Russian borders, which can be considered as a source of risk and a possible springboard for future military operations. There is also such a type of threat as a sharp decrease in the pace of international cooperation, cooperation in various areas. Against this background, the author of this article proposes the development and adoption of a new federal law \"On national Security\" for the Russian Constitution.","PeriodicalId":495048,"journal":{"name":"Вопросы безопасности","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135533692","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}