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THE THEORY AND HISTORY OF LAW AND THE STATE
Zhilkin M.G., Chukanova E.S.
To the 100th anniversary of the All-Russian Congress of Penitentiary Workers in Moscow (October 18–24, 1923)
PRESENTATION OF THE UNIVERSITY YUGRA STATE UNIVERSITY
Avdeev V.A., Avdeeva O.A.
Legal basis for the implementation of anti-terrorist measures at the international level
Akinina N.Yu., Anisimov I.V., Kochupalov R.V.
Preventing the spread of destructive ideology among minors on the Internet through game content
Berndt A.A.
Prevention of retail sales to minors of products that have a negative impact on their socialization and health
Lapshin V.F., Kemova N.N.
Public order and digital security as modern objects of criminal law protection
Truntsevsky Yu.V.
About the study of the criminal’s identity on Solovki: historical aspect
Khokhrin S.A.
Socio-economic measures to prevent penitentiary crime
Shaposhnikov A.S.
Special (organizational and managerial) measures to counter environmental crime
Rozenko S.V.
Features of prevention of terrorism among young people in the Russian Federation
Shesler A.V., Shesler S.S.
The main directions for improving the prevention of group crimes of minors
Kvitko A.V.
General and special measures to prevent environmental crime
CRIMINAL LAW
Astrakhantseva E.Yu.
Protection of environment and economic interests in the sphere of extraction and turnover of precious and semi-precious stones: challenges and solutions
JUDICIAL-FORENSIC ACTIVITY
Zubkov D.D., Markelova A.V.
Theoretical and methodological aspects of establishing the date of objective bankruptcy through forensic financial and economic expertise
Pivovarov F.Yu.
Topical issues of methodological support of forensic economic examinations in the arbitration process
CONFERENCE
III MOSCOW INTERNATIONAL FORUM “ENERGY SECURITY. THE EURASIAN SCENARIO”
TRIBUNE OF THE YOUNG SCIENTIST
Krainov N.R.
Constitutional foundations of energy security and their implementation in national legislation
Masneva E.V.
Actual problems of the work of law enforcement officers in the investigation of crimes committed at the facilities of the fuel and energy complex
Rashitkhanov R.S.
Some security issues of the fuel and energy complex of the Russian Federation
Sapozhkina P.A.
Some issues of ensuring the safety of the functioning of the Russian oil industry
Cyss Z.A.
Problems of criminal law security of the fuel and energy complex
REPORT
Baburin S.N.
Transformation of the concept of law and crime during the period of the worldview civilizational crisis
CHAPTERS OF OUR BOOKS
Chapter from the book “Criminal Personality”
THE THEORY AND HISTORY OF LAW AND THE STATE
Zhilkin M.G., Chukanova E.S.
To the 100th anniversary of the All-Russian Congress of Penitentiary Workers in Moscow (October 18–24, 1923)
Mission: to analyze the results of the congress of employees of places of deprivation of liberty, held after the unification in 1922 of all places of detention in one department – the GUMZ of the NKVD of the RSFSR. To investigate the tasks related to the implementation of the correctional labor policy of the state.
Methodology: dialectical, systemic, formal-legal, historical-legal methods of cognition.
Conclusions. The Congress of Penitentiary Workers marked the most important stage in the formation of the foundations of correctional labor policy of the RSFSR. First of all, it was given a class character, ensuring the implementation of repression against the enemies of Soviet power. The most important condition in the execution of punishment was the implementation of the principle of self-sufficiency, which allowed not only to occupy prisoners with work, but also to teach them professional skills.
Scientific and practical significance. Using the historical experience of the legislation of the Soviet state and the practice of using criminal punishment in the form of imprisonment to improve the activities of the penal enforcement system at the present stage of development.
Keywords: congress of workers, correctional labor policy of the state, class character, the principle of self- sufficiency of places of deprivation of liberty, enemies of the Soviet government, departments, repression.
PRESENTATION OF THE UNIVERSITY YUGRA STATE UNIVERSITY
Avdeev V.A., Avdeeva O.A.
Legal basis for the implementation of anti-terrorist measures at the international level
Mission: The article reflects the current problems of legal regulation of methods and means of implementing anti- terrorist measures that have matured in national legal systems. The process of formation of legal guarantees enshrined in the norms of international law is analyzed. It is noted that international legal acts, declaring the universally recognized rights and freedoms of each person, establish the obligation of each State to ensure their observance and protection at the domestic level. The formation of universal anti-terrorist measures at the international level is one of the urgent directions of crime prevention and prevention. The achievement of this goal involves the development of universal international legal approaches that orient national law systems to the implementation of anti-terrorist measures. The specifics of the criminal policy on the implementation of anti-terrorist measures in Russia and abroad are revealed. Special attention is paid to modern problems of ensuring public safety in conditions of globalization of international life.
Methodology: statistical and sociological research methods are used as the basis for evaluating the effectiveness of the activities carried out.
Conclusions. It is determined that in the process of developing legal means of countering terrorism as a socially negative phenomenon, human life and health, his freedom, inviolability and public safety are recognized as the main objects of legal protection. It is concluded that in the course of the consistent activities of the international community to combat terrorism, unification of the legislative approach at the domestic level is required.
Scientific and practical significance. The formation of universal anti-terrorist measures at the international level is one of the priority areas of crime prevention and prevention and creates prerequisites for further doctrinal understanding and solving theoretical problems of countering terrorist crimes. New directions of criminal policy focused on the modernization of criminal law and law enforcement are subject to development and implementation.
Keywords: international law, terrorist crime, criminal policy, anti-terrorist measures, crime prevention, crime prevention.
Akinina N.Yu., Anisimov I.V., Kochupalov R.V.
Preventing the spread of destructive ideology among minors on the Internet through game content
Mission: to analyze the game content of computer games that promote destructive ideology, to formulate proposals for preventing its distribution among minors on the Internet.
Methodology: direct analytical conclusions in the work are made on the basis of methods of analysis, synthesis, generalization, as well as content analysis of computer games presented in the Internet space; interviewing game players. Conclusions. To prevent the spread of destructive ideology among minors through game content, restrictive and prohibitive measures are not enough due to the existence of a piracy market that distributes any game content, including officially prohibited content. This problem can be solved only through the development of our own gaming industry under the strict control of the state and society over the released content and through the provision of
economic support measures for Russian gaming companies.
Scientific and practical significance. This study is the basis for developing proposals to prevent the spread of destructive ideology among minors on the Internet through gaming content.
Keywords: game content, minor, destructive ideology, prevention.
Berndt A.A.
Prevention of retail sales to minors of products that have a negative impact on their socialization and health
Mission: development of recommendations aimed at the prevention of violations in retail sales to minors of products that have a negative impact on their socialization and health.
Methodology: immediate analytical conclusions in the work were made on the basis of methods of analysis, synthesis, hypothesis, generalization, as well as the analysis of documents and information resources to summarize the practice of control and supervising bodies, public organizations, retail trade organizations.
Conclusions. To prevent the retail sale to minors of products that have a negative impact on their socialization and health, the following measures are necessary: optimization of the state control system in this area, which provides for the transition from coercive measures to a system of friendly control and encouragement of the lawful behavior of business entities; development of a program method in the prevention of offenses in the field of retail trade in the specified products; participation of public organizations and citizens in the prevention of offenses, including in the field of retail trade, including such forms as explanatory work, distribution of information materials, informing law enforcement and control and supervisory authorities about identified violations in the field of retail trade; introduction of a voluntary system of internal control (compliance) in retail trade organizations (activities of individual entrepreneurs) in exchange for friendly control by state bodies.
Scientific and practical significance. This study is the basis for the prevention of violations in the retail network when selling products to minors that have a negative impact on them.
Keywords: alcohol products, tobacco products, nicotine-containing products, non-alcoholic tonic beverages, minor, offence, prevention.
Lapshin V.F., Kemova N.N.
Public order and digital security as modern objects of criminal law protection
Mission: to substantiate the absence of the need to form a separate object of criminal law protection in the form of public relations associated with the use of information and telecommunication networks, digital technologies and the results of their application.
Methodology: dialectical method, induction, deduction, synthesis, systematization and classification, legal content analysis.
Conclusions. Modern social relations that arise in the field of creation and use of high-tech objects and means of communication do not have specific features characteristic of the subject of a separate branch of law. The terms used in the scientific literature “digital relations”, “cyber order”, etc., characterize social relations that are an integral part of the public order, i. e. already provided with proper criminal law protection.
Scientific and practical significance. The theoretical significance of the results obtained is reduced to the need to study information and telecommunication networks, digital technologies and the results of their use as a means of differentiating criminal responsibility. The practical significance of the results of the study is seen in the rationale for a significant increase in the degree of public danger of a crime committed using these high-tech means of production and communication. These conclusions can be taken into account both in the formation of qualifying features of the elements of crimes that encroach on various generic objects of criminal law protection, and in the choice of the type and amount of criminal punishment for committing a crime using the listed means.
Keywords: digital relations, cyber order, public order, subject of legal regulation, object of criminal law protection, information and telecommunication networks, means of differentiating criminal responsibility, degree of public danger of a crime.
Truntsevsky Yu.V.
About the study of the criminal’s identity on Solovki: historical aspect
Mission: the activities of specialists in various fields (lawyers, sociologists, teachers, psychiatrists, anthropologists) to study the personality of a criminal and crime in our country since the early 20s of the twentieth century. In one way or another, they were connected with the State Institute for the Study of Crime and the Criminal (now the Institute of Legislation and Comparative Law under the Government of the Russian Federation). His staff provided scientific and methodological assistance to the criminological cabinet created in those years. One of these research laboratories was the criminological office of the Solovetsky Society of Local Lore. Mission is to show the importance of criminological research in the 20s of the XX century on Solovki.
Methodology: the methods of studying historical patterns through their specific manifestations are used – historical facts, ways of extracting new knowledge from facts, in particular about the role of the State Institute for the Study of Crime and the Criminal in the formation of Soviet Criminology.
Conclusions. Solovetsky criminologists developed a unified view of the general fundamentals of criminology, checking abstract examples on specific material. Despite the isolation of their work from the center of the country, they were in very favorable working conditions. The Solovetsky camp with its various prisoners was a real criminological laboratory.
Scientific and practical significance. New knowledge is being introduced into domestic criminology about the existence of an independent, non-network criminological laboratory – the Solovetsky camp, which provided an inexhaustible field for criminological observations, collection and fixation of materials on penitentiary topics.
Keywords: M.N. Gernet, crime, criminology, research, anthropology, criminal, Institute of Legislation, office, laboratory, prevention, examination, creativity of prisoners.
Khokhrin S.A.
Socio-economic measures to prevent penitentiary crime
Mission: the formation of socio-economic measures aimed at the prevention of prison crime is one of the most important elements of its prevention. This is confirmed by the Concept Paper on the Development of the Penal and Correctional System of the Russian Federation until 2030, approved by Order No. 1138-r of 29 April 2021, as well as the Basic Research Programme of the Russian Federation for the long term period (2021- 2030) as regards the development of alternative social responses aimed at the prevention and suppression of criminal behavior in the society of the penal system, which leads to the conclusion that new forms of employment of convicts should be found. One of the measures of an economic nature is to organize labor employment and gain wages for inmates.
Methodology: the research has made extensive use of statistical observation technique by reviewing documents, grouping questionnaire data, determining absolute and relative statistical values, sampling data, analysis thereof, studying the dynamics of the indicators.
Conclusions. Involvement of legal entities and individuals in setting up such organizational and legal forms of enterprises as public-private partnerships for the organization of labor employment for convicts makes it possible to create additional jobs and pay wages to convicts. In addition, inmates are provided with professions that are in demand on the labor market. The availability of funds on personal accounts allows inmates to cover the costs of utilities, help relatives and maintain social ties. The willingness and ability of convicted persons to repay their claims is one of the conditions of commutation for the outstanding part of the sentence to a milder form of punishment as well as granting release on parole.
Scientific and practical significance. Formation of social and economic measures aimed at prevention of penitentiary crimes allows to use them for further development of theoretical problems of crime, its varieties, development of prevention measures, improvement of criminal legislation as well as activity of penal system.
Keywords: penitentiary criminality, penitentiary institutions, convicts, determinants, labor of convicts, employees, wages, regime of confinement.
Shaposhnikov A.S.
Special (organizational and managerial) measures to counter environmental crime
Mission: based on the analysis of the legal nature of special (organizational and managerial) measures to counter environmental crime, to propose measures related to improving their effectiveness.
Methodology: dialectical method, formal-logical methods, including analysis synthesis and statistical method. Conclusions. The ongoing reform of the control (supervisory) activities is ineffective in relation to combating environmental crime, and therefore there is a need to reconsider the approach to the organization of control (supervisory) measures affecting environmental legal relations, recognizing the high degree of public danger of environmental offenses as an axiom, as well as authorizing their implementation without an additional administrative
barrier.
Scientific and practical significance. For the first time, the reform of control (supervisory) activities is analyzed from the point of view of its impact on combating environmental crime. In addition, the absence of a legal definition of the concepts of «mandatory requirement» and «violation of mandatory requirement», which are the subject of regulation of legislation on control (supervisory) activities, has been revealed, in connection with which author’s definitions have been proposed, from which it follows that mandatory requirements are legal norms, compliance with which is assessed within the control (supervisory) activities, and violation of mandatory requirements — this is an offense detected in the course of control (supervisory) activities, which, as a general rule, contains part of the signs of a crime or an administrative offense.
Keywords: environmental crime, environmental crime, countering environmental crime, control (supervisory) activity, mandatory requirement, violation of mandatory requirement.
Rozenko S.V.
Features of prevention of terrorism among young people in the Russian Federation
Mission: as a result of the development of the information society, the need to prevent terrorist ideology among young people in the Russian Federation is of particular importance. In this regard, it is necessary to identify new directions for the prevention of destructive and terrorist ideologies, which, thanks to information communication, have an individual character. The terrorist ideology of the present time period is a means of information warfare, which significantly increases its public danger and requires analysis of its systemic features. The significance of information wars is that they have become an element of everyday reality for the population, which requires the creation of an effective prevention mechanism among young people.
Methodology: during the research, the dialectical method was actively used, as well as such methods as: critical analysis, historical and legal, content analysis, systemic, sociological, comparative legal. An intersectoral approach was applied.
Conclusions. The main factors characterizing the difficulties of effectively addressing the issue of preventing terrorism among young people are a number of objective and subjective circumstances. The following circumstances are proposed as specific directions for the implementation of the prevention of terrorist ideology among Russian youth: measures for the prevention of terrorist ideology are being formed and developed as an obligatory element of the system of measures for the prevention of antisocial behavior of young people in general; prevention should contain an individual approach to young people who have a “complex” social status, or who have previously committed offenses; it is necessary to create specialized institutions of a specific preventive orientation, namely destructive and terrorist ideology.
Scientific and practical significance. The formation of socio-economic measures aimed at the prevention of terrorist activities and ideology allows them to be used for further research of theoretical problems of crime, its varieties; development of preventive measures in the public consciousness, improvement of Russian criminal legislation, as well as the activities of law enforcement agencies of the Russian Federation.
Keywords: terrorism, prevention, counteraction, youth, determinants, terrorist ideology, information technology, extremism, identity of a terrorist, information security, public consciousness.
Shesler A.V., Shesler S.S.
The main directions for improving the prevention of group crimes of minors
Mission: to develop proposals for improving the prevention of group crimes of minors in the activities of the police.
Methodology: the results contained in the article were based on the dialectical method of cognition of juvenile group delinquency as a social and legal phenomenon that changes under the influence of social processes. As specific methods, a comparative historical method was used, which made it possible to show various manifestations of juvenile group delinquency at the turn of the 1980s — 2020s, a statistical method, which made it possible to establish the structure of crimes committed by groups of minors during this period, a document analysis method, which made it possible to study the documentation militia (later — the police) of Russia, reflecting its activities in the prevention of group juvenile delinquency, as well as to study scientific and journalistic sources on the identified problems.
Conclusions. The study made it possible to identify shortcomings in the activities of the police in the prevention of group juvenile delinquency. The paper indicates the following shortcomings of such prevention: it does not take into account the changing subject of activity of groups of juvenile delinquents depending on social processes in society, as well as the changing system of communication links in these communities, the transition from real contacts between group members to virtual communication using digital technologies; prevention is focused mainly on small and unstable groups of juvenile offenders, the specifics of communication links and the subject of criminal activity of stable criminal groups are not taken into account; police authorities do not interact enough with other subjects of general and special prevention of juvenile delinquency, primarily in terms of information exchange; the activities of the police are focused mainly on the implementation of supervision over the activities of members of groups on preventive records; low activity of police officers in identifying adults who involve underage members of groups in committing crimes and antisocial acts. These shortcomings in the activities of the police predetermined the relevant proposals for improving the prevention of group crimes of minors.
Scientific and practical significance. The results of the study made it possible to develop specific proposals for improving the prevention of group crimes of minors in the police.
Keywords: minors, criminal group, group crime, crime prevention.
Kvitko A.V.
General and special measures to prevent environmental crime
Mission: environmental security in Russia is an integral part of national security. Organized activities to prevent violations of environmental legislation should represent a multifaceted and systematic approach of executive authorities, local governments, and society as a whole. In the article, the author will consider modern general and special measures to prevent environmental crime in Russia. Designate the main determinant signs of the commission of this category of crime, as well as reveal preventive measures. Based on analytical information, the article presents a criminological portrait of persons who committed an environmental crime, as well as the main natural objects and components of a criminal offense. In the publication, the author will have to substantiate the need for the formation of new methods of a preventive nature that meet modern challenges and threats to the state of the country’s ecology, as well as the fight against environmental crimes.
Methodology: analysis, synthesis, deduction, formal legal method, systematic method, method of interdisciplinary legal research.
Conclusions. Increasing the efficiency of preventing environmental crime and ensuring the inevitability of criminal punishment for a committed act.
Scientific and practical significance. Proposal of new modern criminological methods of combating environmental crime, taking into account the potential of innovative digital, satellite, geolocation capabilities, in order to reduce the level of latency of the category of criminal acts under study. Establishing the level of hidden crime in the field of the natural environment will effectively achieve and fulfill strategic objectives in the field of environmental security in Russia.
Keywords: environmental safety, crime, crime prevention, latency, law, act, counteraction to crime, crime level, inevitability of punishment.
CRIMINAL LAW
Astrakhantseva E.Yu.
Protection of environment and economic interests in the sphere of extraction and turnover of precious and semi-precious stones: challenges and solutions
Mission: consideration and analysis of controversial issues arising in law enforcement practice in the qualification of crimes and offenses related to the extraction and trafficking of precious and semiprecious stones, as well as providing recommendations for resolving these problems.
Methodology: deduction, analysis, description, formal legal method.
Conclusions. The article examines the problems and controversial issues related to law enforcement in the field of environmental protection and economic interests of the state when using precious and semi-precious stones, analyzes various points of view, offers recommendations and conclusions of practical importance for judicial and law enforcement agencies. It is noted that modern legislation does not provide an exhaustive list of semi-precious stones, which causes difficulties in law enforcement practice. The ambiguity in the definition of the subject of criminal encroachment, the interpretation of administrative prejudice and the definition of socially dangerous consequences is also considered. It is concluded that the resolution of these problems requires in-depth theoretical research and the establishment of a unified approach to the qualification of crimes and offenses in this area.
Scientific and practical significance. The article deals with topical issues related to law enforcement in the field of environmental protection and economic interests when using precious and semi-precious stones. The absence of an exhaustive list of semi-precious stones in the legislation and ambiguity in the definition of administrative prejudice are new aspects that require further research and discussion. The results of the study may be useful for law enforcement agencies, prosecutors and judicial authorities involved in the prosecution and trial of cases related to violations in the field of mining and trafficking of precious and semi-precious stones. The author offers recommendations for resolving controversial issues that can be used in law enforcement practice. This will help to establish a unified approach and ensure a fairer and more effective prosecution of violations in this area.
Keywords: environmental crimes, amber, jade, semi-precious stones, unauthorized extraction, illegal trafficking, administrative prejudice, criminal liability, qualification of crimes.
JUDICIAL-FORENSIC ACTIVITY
Zubkov D.D., Markelova A.V.
Theoretical and methodological aspects of establishing the date of objective bankruptcy through forensic financial and economic expertise
Mission: consideration of existing scientific and practical approaches to determining the date of objective bankruptcy and their adaptation, taking into account the practical, theoretical and methodological features of forensic financial and economic expertise as a special procedural action. Identification of problematic issues related to the insufficiency of information for the production of judicial financial and economic information contained in the case file, based on an analysis of the practice of arbitration courts in cases of bringing persons controlling the debtor to subsidiary liability for late filing of an insolvency (bankruptcy) application. Proposal of ways to solve problems related to the lack of economic information necessary for a reasonable and complete solution of the problem by adapting the method of adjusted net assets.
Methodology: dialectical method, analysis, synthesis, deduction, formal legal method, system method, method of interdisciplinary legal research.
Conclusions. The methodological approaches proposed in this article by the authors make it possible to adapt existing scientific and practical developments in the field of establishing the date of objective bankruptcy and business valuation to forensic examination as a special procedural action.
Scientific and practical significance. This paper formulates provisions aimed at strengthening the theoretical and practical foundations of the activities of experts in the course of their participation in the judicial review of insolvency (bankruptcy) cases in solving problems related to establishing the date of objective bankruptcy. From a practical point of view, the provisions contained in this work are aimed at improving the activities of forensic experts, which contribute to a more complete and reliable establishment of all the circumstances of the case by arbitration courts.
Keywords: financial and economic expertise, forensic expertise, net assets, bankruptcy, financial analysis, business valuation, objective bankruptcy, expert methodology, lack of assets, discounting.
Pivovarov F.Yu.
Topical issues of methodological support of forensic economic examinations in the arbitration process
Mission: to analyze the most topical issues of methodological support for economic examination, as well as to propose a solution to eliminate the problem, which consists in the lack of consistency in the approach to solving the most typical expert tasks that are in demand in arbitral proceedings.
Methodology: dialectical approach, including categories and laws of dialectical and formal logic; general scientific methods: logical method, system-structural method, etc.; private scientific methods: dogmatic-legal method and methods of interpreting the norms of law.
Conclusions. It is necessary to progressively harmonize the developed guidelines and provisions of standard methods for the production of forensic economic examinations with the standardization requirements for the development, validation and updating of forensic methodology, as well as its structure and formalization. Compliance with these procedures in practice will make it possible to develop a unified scientific and methodological approach to the production of forensic economic examinations, which will eventually lead to the purification of forensic economic examinations from speculative methods.
Scientific and practical significance. The methodological support of forensic economic examinations is based on a scientific foundation due to the special requirements for expert research. Forensic technologies are an integral part of forensic science, and their actualization is of paramount importance to ensure that such technologies meet the challenges of modern scientific advances. The results of the analysis of approaches to conducting expert economic research that meet the current requirements of the arbitration process will serve to improve expert practice.
Keywords: economic examination, economic research, arbitration process, expert technologies, expert methods, standardization of methods, organization of standardization, financial state, objective bankruptcy, cost of a share.
CONFERENCE
III MOSCOW INTERNATIONAL FORUM “ENERGY SECURITY. THE EURASIAN SCENARIO”
TRIBUNE OF THE YOUNG SCIENTIST
Krainov N.R.
Constitutional foundations of energy security and their implementation in national legislation
Mission: the national security of any state implies the existence of a number of guarantees, which are formalized by regulatory legal acts of various legal force. The modern development of society and the state includes several spheres, one of which is energy. Energy resources are a criterion for a high standard of living of the population, a criterion for the success of the domestic and foreign economic policy of the state, its stability in the international arena. A significant role in ensuring energy security is played by the Constitution of the Russian Federation, which establishes the foundations for the successful implementation of state policy in this area. It is interesting to analyze the constitutional principles of conducting state-governmental activities to ensure energy security, the specific guarantees provided for by the Constitution of the Russian Federation, as well as the implementation of all the above-mentioned institutions in national legislation. It also seems important to analyze various doctrinal approaches developed by various representatives of Russian science, which reveal the role of the Constitution of the Russian Federation in ensuring Russia’s energy security.
Methodology: the methodological totality of the conducted research consists of various methods of cognition, among which one can distinguish the dialectical method, comparative analysis, deduction, induction, synthesis, system method, as well as such private legal methods as comparative legal, formal legal. Also, in the course of the study, the historical method and the method of interpretation of the norms of law were used.
Conclusions. Currently, the Constitution of the Russian Federation in the first two chapters sets out the main directions for the implementation of state policy in the field of energy security. It seems reasonable that constitutional principles and guarantees should permeate all the norms of current legislation, be a criterion of their legality and expediency. The Constitution is the most important source of the right life of society, it is based on it that it is possible to achieve maximum efficiency in the legal regulation of energy security.
Scientific and practical significance. The study analyses a variety of regulatory legal acts, which manifest the constitutional principles and guarantees of energy security of the Russian Federation. The historical background and doctrinal approaches to the interpretation of the term energy security are considered, some advantages and disadvantages of theoretical provisions are considered. The conclusions made in this work contain recommendations that should be taken into account by both the law enforcement officer and the legislator in the further development of the legislative framework.
Keywords: Constitution of the Russian Federation, energy security, legislation of the Russian Federation, constitutional principles, constitutional guarantees, Doctrine of energy security, human and civil rights and freedoms.
Masneva E.V.
Actual problems of the work of law enforcement officers in the investigation of crimes committed at the facilities of the fuel and energy complex
Mission: comprehensive consideration of the actual problems faced by law enforcement officers in the investigation of crimes against property committed at the facilities of the fuel and energy complex.
Methodology: system analysis and comparison, description, abstraction, analysis of literature and documentation, induction and deduction, hypothetical method, method of intersectoral legal research.
Conclusions. The fuel and energy complex is a criminogenic environment and takes on quite a large part of the theft, in connection with which the most common crimes against property committed at fuel and energy facilities and their features were identified, as well as problems that law enforcement officers may face when investigating crimes of this orientation at these facilities.
Scientific and practical significance. This article may contribute to the formation of a theoretical framework that would improve and organize the work of law enforcement agencies, taking into account all the subtleties of common crimes against property committed at the facilities of the fuel and energy complex, and covering all possible dangers that arise at the time and after the commission of acts aimed at the theft of items in this sector.
Keywords: сrime investigation, law enforcement agencies, investigative agencies, problems, fuel and energy complex, fuel and energy facilities, theft, fraud, embezzlement, economic orientation, complexity of the investigation.
Rashitkhanov R.S.
Some security issues of the fuel and energy complex of the Russian Federation
Mission: carry out a comprehensive analysis of security threats to the facilities of the Fuel and Energy Complex of the Russian Federation, as well as determine the main measures aimed at preventing them.
Methodology: analysis, synthesis, induction, deduction, description, abstraction, formal legal method.
Conclusions. The security of fuel and energy facilities is based on a systematic approach that includes ensuring public safety, reliability of the energy system, protection against threats and external influences (including terrorist attacks), as well as compliance with high quality standards and compliance with requirements. These principles and measures make it possible to mitigate risks and ensure the safety of the operation of fuel and energy facilities.
In general, ensuring the safety of fuel and energy facilities is a complex and multifaceted task that requires an integrated approach and constant monitoring. However, only through the joint efforts of the state, enterprises and the public can a high level of security be achieved, the reliable operation of facilities guaranteed and the interests of society protected.
Scientific and practical significance. The analysis of the regulatory and legal framework for ensuring the safety of fuel and energy facilities was carried out, key trajectories for the development of preventive measures were identified, and the possibilities for further research on this issue were identified.
Keywords: fuel and energy complex, fuel and energy facilities, fuel and energy complex threats, fuel and energy complex security, oil industry, oil and oil products, crimes, energy, strategic interests, state.
Sapozhkina P.A.
Some issues of ensuring the safety of the functioning of the Russian oil industry
Mission: the article contains a general analysis of threats to the security of the functioning of the Russian oil industry, as well as factors to ensure this security. The science notes that the oil industry, which is part of the fuel and energy complex system, is strategically important for the Russian state, and therefore significantly criminalized. Accordingly, it is necessary to develop proposals to strengthen the protection of this area.
Methodology: analysis, synthesis, induction, deduction, description, abstraction, formal legal method.
Conclusions. It is important to strengthen the security and protection of facilities belonging to the oil industry due to the commission of various offenses and crimes, including the use of new methods and digital technologies.
Scientific and practical significance. Threats to the security of the oil industry are mainly criminal encroachments, accordingly, when implementing state policy in this area, increased attention should be paid to the prevention and investigation of crimes. Some elements of crimes committed in the oil sector are characterized: these are crimes against property, in the sphere of economic activity, against public safety. The current measures to prevent encroachments were studied, as well as proposals to improve the quality of security work.
Keywords: fuel and energy complex, fuel and energy facilities, threats to the fuel and energy sector, security of the fuel and energy sector, oil industry, oil and petroleum products, crimes, energy, strategic interests, the state.
Cyss Z.A.
Problems of criminal law security of the fuel and energy complex
Mission: the criminal-legal security of the fuel and energy complex is the most important task since crimes harm both the individual and the state. One of the aims of the work is to analyze the regulatory framework governing the safety of the fuel and energy complex, which will make it possible to determine the scope of crimes committed at these facilities. Also, the purpose is to consider the norms of the Criminal Code, located in sections VIII and IX. Special attention will be paid to Art. 158 of the Criminal Code of the Russian Federation, namely its qualifying features, determination of the amount of the stolen property, qualification of the act. A comparative analysis of Art. 174, 1741 and 175 of the Criminal Code of the Russian Federation to determine the problems of regulation of qualifying features. Next, we will consider the norms of Chapter 24 of the Criminal Code of the Russian Federation, as well as a comparison of the editions of Art. 2153 of the Criminal Code of the Russian Federation to analyze the problems of enforcement of this provision. Special attention will be paid to the rules governing terrorism at the facilities of the fuel and energy complex. Judicial statistics will also be considered to achieve these goals.
Methodology: the basis of the study is made up of various methods of scientific knowledge, among which one can single out dialectical, comparative analysis, deduction, induction, synthesis, systemic method, as well as such private law methods as comparative legal, formal legal.
Conclusions. At present, the norms regulating crimes at the facilities of the fuel and energy complex have several problems that affect their application. A few problems are given, the elimination of which will contribute to a more accurate application of the norms of the Criminal Code of the Russian Federation in practice. Also, a comparative analysis of related elements of crimes showed the need to distinguish them to prevent “excessive” qualifications.
Scientific and practical significance. The objects of the fuel and energy complex are objects of special protection, therefore, the commission of crimes on them is more dangerous. For this reason, the legislative prohibition on the rejection of crimes in this area should not contain inaccuracies that will lead to errors in qualification. The conclusions made in this paper contain recommendations for concretizing the norms of the Criminal Code of the Russian Federation, which should contribute to a more accurate application of the norms, and these conclusions can become a theoretical basis for developing recommendations for correcting these problems.
Keywords: fuel and energy complex, national security, criminal law prohibition, criminal liability, qualification of an act, determination of damage, socially dangerous consequences of theft, qualifying signs, corpus delicti.
REPORT
Baburin S.N.
Transformation of the concept of law and crime during the period of the worldview civilizational crisis
Mission: to draw attention to global changes that have influenced and continue to influence the transformation of not only social phenomena, but also the concept of crime, the legal relationship between society and the state.
Methodology: report.
Conclusions. It is necessary to think about the concept of treason to the motherland, about concepts that are associated with economic crimes and crimes against the order of government. The preservation of such a constitutional norm as in Art. 13 of the Constitution, where any ideology is prohibited as a state or mandatory, enshrines nihilism in the Constitution. Nihilism today, protected by the Constitution of the Russian Federation, is an extremely dangerous phenomenon in all respects, because it is nihilism, denying the differences between good and evil, denying national characteristics, that gives rise to the ideology of cosmopolitanism. Cosmopolitanism is one of the most important non-systemic methods of desovereignization. It destroys sovereignty, because if there are no civilizationally identical carriers, then there is no civilizationally identical statehood.
Today we have embarked on the path of changing the vector of movement and actions of Russia, which is supported by all traditional societies. This will require efforts, changes in the legal system, law, adjustments of many things. There is a chance for society to recover, and it entirely depends on the victory of the Russian Federation. And in order for victory to come faster, we need to put things in order, first of all, in our society, so that Russia becomes socially attractive again, to return meaning to our development. In our Constitution neither capitalism nor socialism is bashfully written down, and we don’t need to go either way or there. We need, but this is already a task for colleagues from the natural sciences, to formulate the ideal that should be the goal of our development — the principles of a new rightful society.
Scientific and practical significance. The text of the report is of interest to scientists in various fields of knowledge, including criminologists, criminologists, sociologists, scientists involved in constitutional, administrative, criminal law. Keywords: Constitution, Western countries, liberalism, Soviet Union, betrayal of the motherland, high treason,
Criminal Code, statehood, traditional society, principles of a new society, civilizational crisis.
CHAPTERS OF OUR BOOKS
Chapter from the book “Criminal Personality”
Mission: to acquaint with the heritage of Soviet criminologists, collected in the book “Criminal Personality” edited by the outstanding Soviet and Russian legal scholar, doctor of legal sciences, professor, academician
V.N. Kudryavtsev.
Methodology: citation.
Conclusions. The book, written on the basis of criminological research, contains theoretical provisions and practical recommendations on the organization of preventive work with various categories of offenders, the appointment and execution of penalties that can be used in the activities of investigative and judicial authorities.
Scientific and practical significance. The publication is intended for investigators, judges, employees of the Ministry of Internal Affairs, and may also be useful to teachers and students of law schools, researchers, lawyers and sociologists.
Keywords: criminal, criminal personality, personality structure, classification of criminals.