Право и образование
№ 07 • 2023
HOT TOPIC
SOLOVEV S.G. Solovev S.G. – doctor of legal Science, professor
Legal mechanism of decision-making on initiative budgeting projects: problems of theory and practice
Страницы / Pages: 4-11
Аннотация / Annotation:
In order to improve the modern decision-making mechanism for initiative budgeting projects, the study proposes a set of legal measures aimed at improving the content of relevant legal structures.
Ключевые слова / Keywords:
local self-government, forms of direct democracy, initiative budgeting.
Аннотация / Annotation:
In order to improve the modern decision-making mechanism for initiative budgeting projects, the study proposes a set of legal measures aimed at improving the content of relevant legal structures.
Ключевые слова / Keywords:
local self-government, forms of direct democracy, initiative budgeting.
PONKIN I.V. Ponkin I.V. – doctor of science (Law), professor
The question of the originality of scientific text and defectiveness of software solutions «Anti-Plagiarism» systems
Страницы / Pages: 12-19
Аннотация / Annotation:
The article is devoted to the most important of the scale of parameters for evaluating a scientific or applied analytical research product - the parameter of originality. The author evaluates the approach to understanding and fixing the originality of the tested text, which is implemented in the Russian computer-software model «anti-plagiarism». The article outlines the author’s concept of understanding and interpreting the originality of the research product.
Ключевые слова / Keywords:
science, applied analytics, methodology, citation, computer program «anti-plagiarism», text originality.
Аннотация / Annotation:
The article is devoted to the most important of the scale of parameters for evaluating a scientific or applied analytical research product - the parameter of originality. The author evaluates the approach to understanding and fixing the originality of the tested text, which is implemented in the Russian computer-software model «anti-plagiarism». The article outlines the author’s concept of understanding and interpreting the originality of the research product.
Ключевые слова / Keywords:
science, applied analytics, methodology, citation, computer program «anti-plagiarism», text originality.
ZVYAGIN S.A. Zvyagin S.A. – doctor of Economics, Associate Professor
STRYGINA I.E. Strygina I.E. – candidate of Economic Sciences
Development of methodological tools for countering economic crime at the present stage
Страницы / Pages: 20-27
Аннотация / Annotation:
The paper provides a categorical analysis of the methodological tools used in law enforcement practice in the field of countering economic crime, the author’s definition of methodological tools is given, the signs and classifications of illegal actions of an economic nature are investigated, the correlation of types and forms of financial control in law enforcement is substantiated.
Ключевые слова / Keywords:
economic crime, methodological tools, method, method, technique, type, form, means, countering economic crime.
Аннотация / Annotation:
The paper provides a categorical analysis of the methodological tools used in law enforcement practice in the field of countering economic crime, the author’s definition of methodological tools is given, the signs and classifications of illegal actions of an economic nature are investigated, the correlation of types and forms of financial control in law enforcement is substantiated.
Ключевые слова / Keywords:
economic crime, methodological tools, method, method, technique, type, form, means, countering economic crime.
ZUBAREV N.V. Zubarev N.V. –
LYSENKOV S.G. Lysenkov S.G. – Doctor of Law, Professor
The place of the National guard troops in the mechanism of the russian state
WE DISCUSS THE PROBLEM
TURANIN V.YU. Turanin V.Yu. – Doctor of Law, Professor
VOLKOV D.A. Volkov D.A. –
POSOKHOVA YA.V. Posokhova Ya.V. –
Technical and legal defects of the housing code of the Russian Federation
BARINOV S.V. Barinov S.V. – Candidate of Legal Sciences
Criminal violations of the inviolability of the home: certain aspects of qualification and sentencing
Страницы / Pages: 43-50
Аннотация / Annotation:
The features of the qualification of violations of the inviolability of the home are considered. It is noted that if penetration into a dwelling acts as a way of committing another crime and is its qualifying feature, then such an act does not form a set of elements of a crime. On the examples of judicial practice, the features of the situation of the commission of crimes, the goals of criminals, the circumstances aggravating the punishment and the circumstances mitigating the punishment taken into account when imposing punishments are considered.
Ключевые слова / Keywords:
inviolability of the home, qualification of crimes, qualifying sign.
Аннотация / Annotation:
The features of the qualification of violations of the inviolability of the home are considered. It is noted that if penetration into a dwelling acts as a way of committing another crime and is its qualifying feature, then such an act does not form a set of elements of a crime. On the examples of judicial practice, the features of the situation of the commission of crimes, the goals of criminals, the circumstances aggravating the punishment and the circumstances mitigating the punishment taken into account when imposing punishments are considered.
Ключевые слова / Keywords:
inviolability of the home, qualification of crimes, qualifying sign.
KALANDARISHVILI Z.N. Kalandarishvili Z.N. – сandidate of Law, PhD, associate Professor
GEZENKO D.P. Gezenko D.P. –
Axiological component of the functions of the constitutional culture of society
Страницы / Pages: 51-58
Аннотация / Annotation:
In the article the authors analyze the axiological component of the functions of constitutional culture. Constitutional culture should be understood as a cognitive-axiological system that has developed as a result of state-legal development and national mentality in the constitutional reality. The axiological component determines the socialization of individuals in the constitutional field, contributes to the formation of their constitutional sense of justice and constitutional culture.
Ключевые слова / Keywords:
constitutional culture, legal awareness, law, legal populism, constitutional principles.
Аннотация / Annotation:
In the article the authors analyze the axiological component of the functions of constitutional culture. Constitutional culture should be understood as a cognitive-axiological system that has developed as a result of state-legal development and national mentality in the constitutional reality. The axiological component determines the socialization of individuals in the constitutional field, contributes to the formation of their constitutional sense of justice and constitutional culture.
Ключевые слова / Keywords:
constitutional culture, legal awareness, law, legal populism, constitutional principles.
DUSHKIN A.S. Dushkin A.S. – Candidate of Psychological Sciences, Associate Professor
KLISHKOV V.B. Klishkov V.B. – Candidate of Law, Associate Professor
NERIKOV M.F. Nerikov M.F. –
Foreign experience of post-penitentiary (administrative) supervision of persons released from prison
Страницы / Pages: 59-65
Аннотация / Annotation:
Based on a comparative legal study of foreign legislation on post-penitentiary (administrative) supervision, the article presents the experience of its implementation for persons released from prison in Germany, the Czech Republic and Poland. The levels of cooperation of probation service employees with correctional facility employees, as well as individual programs of post-penitentiary support of the released are described.
Ключевые слова / Keywords:
post-penitentiary supervision, post-penitentiary assistance to the released, probation, mediation.
Аннотация / Annotation:
Based on a comparative legal study of foreign legislation on post-penitentiary (administrative) supervision, the article presents the experience of its implementation for persons released from prison in Germany, the Czech Republic and Poland. The levels of cooperation of probation service employees with correctional facility employees, as well as individual programs of post-penitentiary support of the released are described.
Ключевые слова / Keywords:
post-penitentiary supervision, post-penitentiary assistance to the released, probation, mediation.
ANTOSHCHENKO A.V. Antoshchenko A.V. – Candidate of Legal Sciences
On the issue of responsibility for cutting down forest stands in excess of the permitted volumes on forest plots used on the basis of a lease agreement
Страницы / Pages: 66-72
Аннотация / Annotation:
The article is devoted to the problem of qualification of an act related to the activity of harvesting wood in excess of the stipulated volumes on forest plots leased. Currently, the act in question is qualified as a criminal offense only in the case of harvesting wood in excess of the volume provided for by the lease agreement of the forest plot, while the volumes of wood allowed for harvesting specified in the forest declaration and the documents of the logging area are not taken into account.
Ключевые слова / Keywords:
administrative responsibility, criminal liability, use of forests, timber harvesting, crimes.
Аннотация / Annotation:
The article is devoted to the problem of qualification of an act related to the activity of harvesting wood in excess of the stipulated volumes on forest plots leased. Currently, the act in question is qualified as a criminal offense only in the case of harvesting wood in excess of the volume provided for by the lease agreement of the forest plot, while the volumes of wood allowed for harvesting specified in the forest declaration and the documents of the logging area are not taken into account.
Ключевые слова / Keywords:
administrative responsibility, criminal liability, use of forests, timber harvesting, crimes.
KARETNIKOV K.V. Karetnikov K.V. –
Prevention of group offenses of minor convents in penal institutions
Страницы / Pages: 73-78
Аннотация / Annotation:
The article discusses the problematic aspects of preventive activities on the part of groups of convicts of a negative orientation in educational colonies of the Federal Penitentiary Service of Russia. The materials of departmental statistics are analyzed, the weak development of the implemented forms of preventive action in relation to groups of convicts is stated. Measures are proposed to improve the prevention of group offenses of convicts.
Ключевые слова / Keywords:
prevention, convicts, educational colony, minors, offenses.
Аннотация / Annotation:
The article discusses the problematic aspects of preventive activities on the part of groups of convicts of a negative orientation in educational colonies of the Federal Penitentiary Service of Russia. The materials of departmental statistics are analyzed, the weak development of the implemented forms of preventive action in relation to groups of convicts is stated. Measures are proposed to improve the prevention of group offenses of convicts.
Ключевые слова / Keywords:
prevention, convicts, educational colony, minors, offenses.
NIKOLAEVA V.K. Nikolaeva V.K. –
To the question of the grounds for conducting operationai search activities
Страницы / Pages: 79-85
Аннотация / Annotation:
The article deals with the issue of the concept of the grounds for conducting operationai search activities, The analysis of literary sources on this issue is carried out, the classification jf the grounds specified in srticle 7 of the Federal law of the Russian Federation of 12.08.1995 № 144-FS «On operational investigative activities», in relation to the goals and objectives of operational investigative activities is proposed.
Ключевые слова / Keywords:
operational investigative activities, operationai search activities, grounds for conducting operationai search activities.
Аннотация / Annotation:
The article deals with the issue of the concept of the grounds for conducting operationai search activities, The analysis of literary sources on this issue is carried out, the classification jf the grounds specified in srticle 7 of the Federal law of the Russian Federation of 12.08.1995 № 144-FS «On operational investigative activities», in relation to the goals and objectives of operational investigative activities is proposed.
Ключевые слова / Keywords:
operational investigative activities, operationai search activities, grounds for conducting operationai search activities.
SHUMSKIY V.V. Shumskiy V.V. –
KOLENICHENKO V.V. Kolenichenko V.V. –
TKACHENKO V.V. Tkachenko V.V. – candidate of Economics
Some issues of bringing citizens to administrative responsibility for the sale of home-made spirits
Страницы / Pages: 86-93
Аннотация / Annotation:
The article provides a brief historical overview of the development of legislation in the field related to the regulation of the turnover of alcoholic beverages, discusses problematic issues related to bringing citizens to administrative responsibility for the sale of home-made spirits. On the basis of law enforcement practice, problematic aspects have been identified that require further improvement and elaboration at the legislative level.
Ключевые слова / Keywords:
home-made alcoholic beverages, moonshine, moonshine sales, administrative offense, administrative responsibility, police.
PAGES OF HISTORYАннотация / Annotation:
The article provides a brief historical overview of the development of legislation in the field related to the regulation of the turnover of alcoholic beverages, discusses problematic issues related to bringing citizens to administrative responsibility for the sale of home-made spirits. On the basis of law enforcement practice, problematic aspects have been identified that require further improvement and elaboration at the legislative level.
Ключевые слова / Keywords:
home-made alcoholic beverages, moonshine, moonshine sales, administrative offense, administrative responsibility, police.
PROTASOV YU.S. Protasov Yu.S. – сandidate of historical sciences, docent
Combat activity of fighter battalions in the Voronezh direction (Juny 1941 – February 1943)
Страницы / Pages: 94-104
Аннотация / Annotation:
The article is dedicated to the main problems of the destruction battalions’ activity in Voronezh direction during the Great Patriotic War (July 1942-February 1943). The article is based on the archives documents.
Ключевые слова / Keywords:
the Great Patriotic War; destruction battalions.
Аннотация / Annotation:
The article is dedicated to the main problems of the destruction battalions’ activity in Voronezh direction during the Great Patriotic War (July 1942-February 1943). The article is based on the archives documents.
Ключевые слова / Keywords:
the Great Patriotic War; destruction battalions.
RYBAKOV A.M. Rybakov A.M. – Candidate of Historical Sciences;
TERESHONOK T.A. Tereshonok T.A. –
Development of moral and patriotic education of the servicemen of the Russian army.
Страницы / Pages: 105-111
Аннотация / Annotation:
The article is devoted to the analysis of the historical experience of the moral and patriotic education of the Russian army. Much attention is paid to the features, basic principles and forms of educational impact on personnel at different times. The material may be of interest to representatives of military-political bodies, commanders of all levels, as well as the teaching staff of higher military educational institutions.
Ключевые слова / Keywords:
moral and patriotic education, patriotic education, patriotism, moral education, history, military school, Peter I, Elizabeth Petrovna, Catherine II.
Аннотация / Annotation:
The article is devoted to the analysis of the historical experience of the moral and patriotic education of the Russian army. Much attention is paid to the features, basic principles and forms of educational impact on personnel at different times. The material may be of interest to representatives of military-political bodies, commanders of all levels, as well as the teaching staff of higher military educational institutions.
Ключевые слова / Keywords:
moral and patriotic education, patriotic education, patriotism, moral education, history, military school, Peter I, Elizabeth Petrovna, Catherine II.
SMIRNOV S.N. Smirnov S.N. – PhD in Law
The change in the role of education as a means of social mobility in Russia from the 18th to the beginning of the 20th centuries
Страницы / Pages: 112-118
Аннотация / Annotation:
The article deals with the issue of how the organizational-and-legal mechanism functioned to change a person’s legal status during the Russian Empire. The study focuses on how education works within this system and how it interacts with other sectors, particularly the military and civil service.
Ключевые слова / Keywords:
estate, social mobility, Russian Empire, education, civil service.
Аннотация / Annotation:
The article deals with the issue of how the organizational-and-legal mechanism functioned to change a person’s legal status during the Russian Empire. The study focuses on how education works within this system and how it interacts with other sectors, particularly the military and civil service.
Ключевые слова / Keywords:
estate, social mobility, Russian Empire, education, civil service.