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ECONOMICS. LAW. SOCIETY

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Vol 8, No 2 (2023)
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CRIMINAL LAW AND PROCEDURE

9-20 129
Abstract

Based on an interdisciplinary approach, the article examines the features of a person’s thinking and behavior depending on the level of involvement and the nature of his relationships in the macro- and microenvironment, as well as during the period when he is captive to obsessive ideas (obsession) or to himself; the stages of a person's mental activity are studied when he has the thought of committing a crime arises, and the reasons that gave rise to it; the dynamics of the maturation of such motivation and the factors contributing to its materialization are analyzed. It also substantiates the conclusion that the state of obsession, the vices and shortcomings of the state and social system are the starting point for the emergence in the individual of the rudiments of the idea of committing a crime, which is actualized over time, after which it is transformed into a specific criminal intent when it is in itself. Being in this state, the individual mentally creates a scenario for a future crime, develops an algorithm for its implementation, considers the conditions under which a planned act can be committed, calculates the possible risks of committing it, provides options for his post-criminal behavior, etc. After being formed at the mental level, this virtual scenario is recorded in the long-term memory of a person, where it is stored in an alert state, the implementation trigger of which is triggered when a suitable situation arises. On the basis of these messages, as well as a number of other arguments, the article puts forward a hypothesis according to which any intentional crime (with the exception of situational and committed in a state of passion), whether it be murder or rape, robbery or theft, etc., is essentially only a retransmission of the scenario of a specific crime, once created by an individual at a cognitive level and extracted from the subconscious at the right time for its practical implementation. In other words, the emergence and development of criminal motivation is not a one-time intellectual-volitional act, but a thought process extended over time, aimed at finding optimal ways to meet certain needs of the individual, which he could not (or did not want) to realize within the framework of the law. At the same time, the spatio-temporal gap between the moment the idea of committing a crime was born and its actual implementation can be short-term, medium-term or long-term.

21-27 135
Abstract

The main objective of the article is to present the combined professional direction of the activities of the police of the Russian Empire - police supervision, provided for by the draft of its reform (since 1906). According to the members of the interdepartmental Commission, police supervision should have a dual purpose ("The Interdepartmental Commission, under the leadership of Senator A.A. Makarov, on the transformation of the police into the Empire", created by the Chairman of the Council of Ministers – Minister of Internal Affairs Pyotr Arkadyevich Stolypin in 1906). To serve as a means of combating parasitism and habitual idleness of individual citizens of the empire and at the same time would prevent them from committing various crimes. The subject of the study was the subsection "Police supervision" of the "Brief explanatory note to the conclusion of the interdepartmental commission, under the leadership of Senator A. A. Makarov, on the transformation of the police into the Empire", as well as some legislative acts of the Russian Empire, the draft Statute of the police. The following research methods were chosen: analysis, formalization, comparison, analogy, concretization, generalization, expert assessments, extrapolation, description. Their combination made it possible to draw the author's conclusions and present a detailed conclusion. It presents the procedural issues of the formation of special municipal and city presences for the consideration of the designated issues, obtaining grounds for the imposition of supervision, decision-making, its appeal, the rights and obligations of the police and supervised entities.

28-34 94
Abstract

In the article pose the problem of ethno-social barriers that make it difficult to implement the professional activities of an employee of the internal affairs bodies. As a result of the study, the authors conclude that an employee of the internal affairs bodies in his professional activity, being a representative of a certain ethnic community, inevitably encounters carriers of various ethnic cultures, sometimes demonstrating unusual or even unacceptable patterns of behavior for him, the reasons for which may not be obvious to the participants of these relations. The authors believe that one of the tasks of modern scientific research is to identify barriers of an ethno-social nature that prevent constructive interaction of an employee of the internal affairs bodies, both with his colleagues and with individuals from various ethnic communities, which in turn will allow localizing the directions of training employees for professional activity in a multiethnic environment. Within the framework of the conducted research, the classification of ethnosocial barriers is substantiated. As the most significant, the authors identify personal ethno-social barriers. The authors also propose the main directions of training police officers to overcome ethno-social barriers, substantiate proposals to change the current legislation.

35-39 117
Abstract

This article discusses the most relevant general theoretical issues of effective implementation of modern criminological policy in the Kyrgyz Republic. Various approaches to criminological policy are mentioned, and a generalization of the relevant theoretical concepts that have been developed over the past centuries is given. Nevertheless, the main attention is paid to the current criminological situation at the international level and international cooperation in the field of forecasting, prevention and investigation of crimes. Turning to the topic of state institutions responsible for criminological policy, the authors consider the situation in several different countries. The importance of adapting legal institutions to new socio-economic conditions is emphasized. In this regard, criminological policy is considered as a set of the most effective and at the same time the most humane tools for crime prevention. The strategic nature of criminological policy in relation to short- and medium-term measures, its close connection with social and political sciences and, as a consequence, the importance of interdisciplinary dialogue is noted. The author's vision of the classification of subjects ensuring the implementation of criminological policy is substantiated. The existing controversial theoretical problems are described in detail and mechanisms for their resolution in the near future are proposed. Along with this, the main tasks of the criminological policy of the Kyrgyz Republic are being formed.

40-45 120
Abstract

In the course of preliminary investigation and court hearing of a criminal case officials often face questions, which they can not solve themselves. To solve questions that require some kind of special knowledge, participants in the process such as experts are involved. Being the participant of criminal procedure, the expert has the circle of the rights and duties and bears the statutory responsibility. The article is devoted to the analysis of the procedural status of expert in a criminal case as well as certain problems of realization of his powers in criminal proceedings. As a result of the analysis the conclusion is made about the special role of the expert in criminal proceedings. Among other things, it substantiates that the field of jurisprudence cannot be considered as expert knowledge in criminal proceedings.

46-50 205
Abstract

The article discusses the problematic issues of the institution of civil action in criminal proceedings. The position on the rationality and the need to consider a civil claim simultaneously with the proceedings in a criminal case is argued. The article examines the criminal procedural nature of the institution of a civil claim filed as part of the consideration of a criminal case. Some shortcomings of the legislative regulation of this institution are noted. Specific recommendations are proposed to improve the criminal procedure legislation in this part. The inconsistency of the criminal procedural norms regulating the procedural status of a civil plaintiff in criminal proceedings is pointed out, which inevitably negatively affects the fate of a civil claim in criminal proceedings. The article highlights the gaps and contradictions of the legislative framework regulating the rights and obligations of a civil plaintiff in a criminal case, in order to ensure the rights and interests of a civil plaintiff, as well as the successful consideration of a civil claim on the merits in a criminal case.

CIVIL LAW AND PROCEDURE

51-56 165
Abstract

Currently, the sphere of intellectual property is characterized by new ways of implementing intellectual rights, as well as new opportunities for commercialization inherent in the digital economy: the development of smart contracts and blockchain technology, the use of artificial intelligence systems in the creation and use of intellectual property results, robotic production, NFT turnover, etc. Modern online services created on the basis of blockchain technology make it possible not only to deposit the results of intellectual activity protected in accordance with the law and the means of individualization equated to them, but also to manage exclusive rights, as well as to provide an evidence base and protect these rights in case of disputes. This direction seems very promising, including in the field of commercialization of intellectual property rights. In order to increase the effectiveness of such commercialization, it is necessary to establish information exchange and interaction between copyright holders and potential purchasers (users) of exclusive rights. In the context of digitalization, such mechanisms help not only to identify copyright holders and identify objects whose rights have been violated as a result of the illegal use of exclusive rights by offenders, but also to take the necessary measures to curb such violations.

57-63 178
Abstract

Digital rights are becoming increasingly important in modern civil circulation. Their applications are diverse, with the use of electronic signatures, cryptography, smart contracts and other technological processes expanding the ways in which digital rights are created, accessed and transferred. Such technological development will continue, therefore, it is important for each country to regulate the circulation of digital rights and their protection. The article examines the issues of legal and institutional regulation of the circulation of digital assets in the UK. The authors reveal the imperfection of modern legislation, the adaptation of the norms governing traditional financial instruments to modern digital products. It is obvious that the legislation of the UK, as well as other countries, in the field of circulation of digital assets is in the process of formation.

64-70 102
Abstract

This article analyzes the use of an escrow account in the field of shared-equity construction in the territory of the Russian Federation. The definition of an escrow account, purpose, essential features, differences from the contract of participation in shared construction, as well as its advantages and disadvantages are revealed. Have characterized the model of using an escrow account in the framework of shared-equity construction, and also made predictions about its possible problems. The conclusion is formulated about the need to change the personnel policy in banking organizations in connection with the legislative updates. The relevance of the chosen topic is explained primarily by the prevalence, universality of the problem of cheating on citizens who have irretrievably lost their money due to "frozen" construction works. A few years ago, a serious discussion of problems related to shared-equity construction began at the highest state level. First of all, attention was paid to the steady increase in the number of the deceived population. The institute of escrow accounts has been chosen as a way to solve this acute problem. The purpose of this article is a comprehensive analysis of the use of an escrow account in the framework of shared-equity construction, identifying its problems. The present research is based on such methods as system-structural, modeling, analysis and generalization

71-76 198
Abstract

In this article, the subject of the study is writ proceedings in the arbitration process. The problems that courts and business participants face when using this method of protecting rights are raised, despite, at the same time, the undoubted advantages of introducing writ proceedings in the arbitration process. Based on a comparative study of the norms of civil procedure and arbitration procedural legislation, it is concluded that, simultaneously with the transfer of the provisions on writ proceedings from civil procedure to arbitration, the legislator also transfers some shortcomings of the legal regulation of this institution to the Arbitration Procedural Code. On the example of the materials of judicial practice, it is demonstrated that the fastest type of proceedings in the arbitration process can turn into a fourteen-month wait for a court decision. The author's vision of solving the problems associated with the possible delay in the resolution of cases in the arbitration process is proposed, while attention is paid not only to ensuring the interests of the recoverer, but also the interests of the debtor.

SPORTS LAW

77-86 112
Abstract

The article presents the main results of a scientific study of the fundamental legal and organizational approaches to the development and improvement of sports diplomacy tools, which is especially important in the modern period of sanctions policy against Russia as a whole and the national sports of our country, including, which is mainly expressed in the suspension of Russian athletes from participating in major international sports competitions related to the issues of the inability to perform under their own flag and the forced need to change sports citizenship, threatening to lose their national identity in the world of big-time sports for quite a long time. In these circumstances, there is an objective need to conduct new scientific research on the specifics of the interaction of Russian sports organizations with international sports committees and sports associations in order to fully return Russian athletes to the international sports arena. The latter is possible through the implementation of methods of such specialized varieties of public diplomacy as popular and especially sports diplomacy, the importance of the development of which is determined by the relevant requirements of the Government of the Russian Federation. In the course of the research, the main methods of legal support of sports diplomacy were also identified, the directions of its development and improvement of legally correct tools were determined. Logical, comparative, empirical, analytical, historical-legal, descriptive and others were used as the main methods of cognition during the research. The scientific novelty of the study was formed by the conclusions, according to which it is advisable, based on the methods outlined in the work, to prepare a textbook on legal regulation and organizational support of international sports diplomacy, which can be the basis for the subsequent creation and practical implementation of a professional development program on these issues.

87-94 184
Abstract

The article substantiates the actualization of the problem of protecting the rights of Russian athletes in view of the sanctions pressure that has fallen on Russia in recent years due to the adverse impact of political factors. It is concluded that it is important to focus on improving the mechanisms of alternative settlement of sports conflicts in Russia due to the fact that it is the system of sports arbitration that is the most appropriate lever of protection in this area. The main types of sports disputes and basic ways of their settlement are considered. Based on the legal practice of developed foreign jurisdictions, certain best practices in the field of the formation of sports arbitration institutions were adopted. The changes made to the Russian legislation in the context of the creation of a new national sports arbitration in Russia were analyzed, some legislative provisions were considered through the prism of reasonable criticism. Followed by the proposal of alternative solutions to the identified problematic issues. The insufficient effectiveness of the protection of the rights of Russian athletes in the international arbitration of Lausanne, which acts as a key link of this mechanism, is substantiated. At the same time, the proposals on leveling the primacy of the decisions of the Court of Arbitration for Sport (CAS) on the territory of Russia were perceived by an unnecessarily categorical decision. The need to develop a more flexible approach to avoiding the "monopoly" jurisdiction of the CAS by introducing alternative ways of resolving the conflict into the very statutory documentation of international federations by contacting the CAS or another authorized international arbitration organization is proved. In addition, it is proposed to abandon the rule on the closed list of CAS arbitrators, leaving it in force only for the presiding person. This step in the future will increase the transparency and impartiality of the activities of this institute. In other words, a more balanced solution would be not to categorically deny the competence of CAS in Russia, but to develop adaptive alternative options. The conclusions of the scientific work are constructed on the basis of a comprehensive, functional, systematic and comparative methodology.

95-101 138
Abstract

This article discusses the issue of guarantees provided to athletes when they are suspended from participating in international sports competitions. In today's complex political and economic conditions, cases of athletes' suspension from participation in international competitions have become more frequent. If not so long ago the reason for such a suspension could only be strictly outlined by law reasons related to the violation of sports rules or labor discipline by an athlete, now such suspensions occur massively for various reasons. This leads to an aggravation of the relevance of the topic related to the provision of guarantees to athletes suspended from participating in international competitions. After all, in the case of suspension from participation in competitions for political reasons, there is no athlete's fault, unlike situations involving violation of sports rules or labor discipline. The current Russian labor legislation provides for mandatory guarantees for athletes in the event of their suspension from competitions. At the same time, the scope of the guarantees offered is directly dependent on the reasons for the suspension and on the level of guilt of the athlete and his staff. The purpose of the study is to study the guarantees provided for Russian athletes in case of suspension from competitions.

STATE AND LAW

102-110 174
Abstract

The study analyzes the features of taxation systems in the global economy, taking into account the identification of their relationship with income inequality of the population. The aim of the study is to determine the level of the existing socio-economic inequality in the implementation of a cross-country comparison of the level of differentiation of society in relation to the income received and the level of wealth to substantiate the possibilities of improving the progressive personal income tax scale used based on the experience of world countries in the Russian Federation. In order to achieve this goal, the main trends in the dynamics of economic inequality in the global aspect, the current fiscal systems and the peculiarities of taxation of individuals by individual countries are investigated. Various general scientific and special methods were used in the course of the study: statistical method, mathematical modeling and analysis. The results of the study are based on the element of the scientific hypothesis of the theoretical substantiation of the possibility and feasibility of improving the progressive income taxation system in Russia, which makes it possible to smooth out economic inequality and implement the tasks of state social policy in the medium term. The results of the study may be of practical importance in the formation of incentive measures in the field of fiscal regulation and the effectiveness of the financial policy in providing additional tax deductions and benefits, as well as social support for the population.

111-116 101
Abstract

The subject of the research in this article is the content of restrictions of constitutional law to engage in economic activity (Article 37 of the Constitution of the Russian Federation) of federal civil servants, in the context of the development of legal regulation, under the influence of private and public law. Similar restrictions are applying to civil servants of the constituent entities of the Russian Federation, municipal employees, employees and officials of legal entities with different degrees of state participation. The article shows that due to strengthening the state regulation, the scope of private law does not narrow himself, but rather expands. The conflict of interest, the content of the elements of the corpus delicti of a corrupt act, their understanding will develop on the basis of private law. The importance of scientific discussion about the legal content of entrepreneurial activity is emphasized. Particular attention is given to the issues of international private law. Ignoring the content of the norms of foreign law defining the concepts of corporate relationships, property, obligations and other key concepts for qualifying the behaviour of a civil servant as corrupt, result in both the ineffectiveness of restrictions and disproportionate, overly stringent restrictions that will seriously reduce the attractiveness of the civil service in Russian Federation.

117-126 101
Abstract

The article analyzes some problematic issues of legal definition of the concept of traditional family values, the main approaches to identifying the essence and disclosure of the content of this phrase and the phenomenon designated by it in modern Russian law. Based on the theoretical and legislative material considered in the article, as well as judicial practice, it is concluded that the concept of traditional family values, which initially had a purely ideological, propagandistic, political connotation, after its inclusion in the text of the Constitution of the Russian Federation, has firmly entered the Russian legal discourse. It is established that the absence of the definition of traditional family values fixed in the law, the insufficiency and contradiction of attempts to define this concept in Russian law, on the one hand, complicates the solution of many theoretical and pragmatic tasks, including introducing an element of uncertainty into the law-applied practice. On the other hand, such legal uncertainty creates opportunities for systematic interpretation of this "rubber" formulation in order to counteract the destructive influence of non-traditional models of social behavior on the norms of family morality accepted in Russian society.

127-131 136
Abstract

This article is devoted to the historical and legal understanding of the phenomenon of reconciliation in line with national identity and socio-cultural traditions of Russian society. The article analyzes the problems of conciliatory justice in modern Russia, which has deep genetic roots primarily in society. The difficulties of establishing a viable and effective conciliatory justice in our country in the present conditions are associated with the violation of the organic unity of law and culture. The author focuses on the fact that the Christian doctrine based on love for one's neighbor, humility and submission, genetically laid in the Russian people the desire for reconciliation, not enmity. In addition, the peculiarities of the life of the Peasant rural community, which for a long time made up a significant part of the population of our country, conciliarity and nationality influenced the fact that many conflicts were resolved mainly by peaceful means, and not by force. A socio-cultural approach was applied to the study of the religious grounds of reconciliation, as well as the peculiarities of the national mentality, which allowed us to come to the following conclusion. The revival of religious morality and morality will contribute to the establishment of the culture of dialogue as the basis of relationships between individuals and the popularization of conciliation procedures. Perfect legislation in this case acts as a superstructure over the basis of moral and religious education.

INTERNATIONAL LAW

132-139 154
Abstract

In 2022, Switzerland (the official name is the Swiss Confederation) joined the one-party anti-Russian restrictive measures of the European Union. Earlier, in 2014, Switzerland refrained from imposing sanctions against the Russian Federation, despite persistent calls from politicians from countries belonging to the European Union to join such restrictions. The article considers the answers to the questions whether this fact indicates the rejection of Swiss neutrality or is it just a manifestation of the flexibility of the state-legal and international status of the Swiss Confederation, whether it will affect the legal status of the country, its reputation in the world, economy, finance and whether there have been similar cases in its history before, how much support of restrictive measures against another state can generally be called an extraordinary case from the point of view of Swiss practice, what goals Switzerland pursues by joining anti-Russian sanctions, has such a decision found support in Swiss society and does this decision comply with the Swiss Constitution and the international legal obligations assumed? The article also concludes about the possible consequences of changing the legal position of Switzerland.

140-146 124
Abstract

The tragedy that claimed a huge number of human lives in Turkey and Syria cannot go unnoticed. It shows how vulnerable communities are in the face of a natural disaster. In these circumstances, states should join their efforts to meet common climate, energy and other challenges, but, unfortunately, pain and tragedy do not unite. Their interests are strongly divided. This is evidenced by a growing number of unilateral restrictive measures. For example, as of February 19, 2023, more than 14,000 sanctions have been taken against Russia, and their number tends to grow. Let us see how all these events and measures affect corporations, that make economies gain access to energy, new technological solutions and investments, and thus make international trade and economic relations normally run within the framework of the World Trade Organization and other universal and regional organizations and unions based on the freedom of contract.



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ISSN 2411-118X (Print)