Journal headings
"Legal sciences"
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Release: 2020-3 (25)
DOI: 10.21777/2587-9472-2020-3-50-55
Keywords: science, scientific achievements, scientist, researcher, scientific worker, investigator, numeral, digital technologies in science, education, certification, personal information, right to be creative, right to work, peculiarities of the work of scientific workers, qualification requirements, staffing table, staff salaries
Annotation: In the article some theoretical issues, which are related to determining the legal status of scientists in Russian Federation, are examined, the needs of the practice in establishing their position in the field of science, as well as in a variety of social relations: scientific, technological and innovative, including digital technologies, labor, are identified. It is paid attention on the fact that there is no single definition of the concept of “scientist” in the legislation of Russian Federation, are not systematized the criteria, according to which persons, engaged in science and research, can be attributed to this category of subjects, and is not determined their legal status.
THE SPREAD OF DRUG-RELATED CRIME THROUGH INFORMATION AND TELECOMMUNICATION TECHNOLOGIES
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-50-55
Keywords: drug crime, narcotic drugs, Internet technologies, computer technologies, information system, cryptocurrency “Bitcoin”, electronic payment systems, contactless sales method
Annotation: The article deals with the relations arising from the sale of narcotic drugs via the Internet. The widespread use in modern life, computer technology and telecommunication systems, creation on their basis networks, which has become an essential part of social relations in all spheres of life, led to the fact that “cyberspace” has been actively used to commit crimes, in particular, for distribution of narcotic drugs and their analogues. The scientific article analyzes the current state of the drug situation in Russia, and outlines the prospects for improving the mechanism for countering the spread of narcotic drugs through the Internet information and telecommunications network. The author analyzes the judicial and investigative practice on this issue, identifies the participants of an organized criminal group involved in the contactless method of selling drugs via the Internet, and identifies the features of each of them. The use of a contactless method of selling narcotic drugs has influenced the widespread use of the cryptocurrency “Bitcoin” as the main means of payment for transactions with narcotic drugs.
PROSPECTS FOR REGULATORY CHANGES IN BANKRUPTCY
Release: 2020-2 (24)
DOI: 10.21777/2587-9472-2020-2-53-59
Keywords: bankruptcy, draft law, bankruptcy trustee, self-regulatory organization, debtor, rehabilitation, extrajudicial bankruptcy, creditors’ claims register
Annotation: The article is devoted to the problems of the need to amend legislative regulation in the field of bankrupt cy on issues that have matured in the industry and the possible search for compromise solutions for interested parties. The author examines two bills to amend the Federal Law “On Insolvency (Bankruptcy)”, as well as reviews of these projects, as well as issues from the community of arbitration managers, experts and organizations, one way or another involved in the field of bankruptcy. Using a systematic research method, the article reflects the problem of differences in positions and lack of coordination on the main ideas of reforming the bankruptcy industry between the developers of the law and the community of arbitration managers. The conclusion is drawn on the need for further elaboration of the draft laws on amendments to the Federal Law “On Insolvency (Bankruptcy)” or the development of a completely new law that would take into account the rather significant and reasonable opinions of the community of arbitration managers.
SOME ASPECTS OF THE PRACTICAL IMPLEMENTATION OF THE MECHANISM OF PROTECTING BUSINESS FROM ENTREPRENEURIAL RISKS
Release: 2020-3 (25)
DOI: 10.21777/2587-9472-2020-3-56-63
Keywords: insurance protection, insurance contract, insurance risk, union of insurers, business entities, compensation for losses
Annotation: Within the framework of this article, based on the study of scientific works, analysis of the current legislation and reference judicial practice, legal mechanisms are investigated aimed at ensuring the protection of subjects of the sphere of entrepreneurial activity from the possible risks with which this activity is associated. It is noted that the range of entities involved in the implementation of the mechanism of insurance protection of business entities includes, in addition to insurance entities, policyholders, insured persons, beneficiaries, also associations of insurers, and in some cases the state represented by authorized entities. It is substantiated that the appearance of insurers in the financial services market led to the transformation of self-insurance into more advanced forms of mutual and commercial insurance. Their role in the mechanism of insurance protection is determined by the functions assigned to them for assessing insurance risk, forming insurance reserves to provide insurance coverage, determining the amount of losses or damage, making insurance payments.
PUBLIC PROSECUTOR’S SUPERVISION OVER THE IMPLEMENTATION OF LAWS BY THE BODIES THAT CONDUCT INQUIRIES AND PRELIMINARY INVESTIGATIONS IN CRIMINAL CASES OF CORRUPTION-RELATED CRIMES
Release: 2020-1 (23)
DOI: 10.21777/2587-9472-2020-1-56-61
Keywords: prosecutorial supervision, corruption, digitalization, criminal procedure, procedural actions, investigative authorities, international experience, problems of supervision, corruption scheme
Annotation: The article is devoted to prosecutorial supervision of the execution of laws by bodies conducting inquiry and preliminary investigation in criminal cases of corruption-related crimes. The main directions and methods for combating corruption in the framework of prosecutorial supervision were studied. An assessment of the state of supervision, its features and emerging problems is given. In the light of active digitalization, the issue of the impact of the Internet on society as a whole, as well as on the totality of measures aimed at eradicating the corruption component in the activities of various individuals, is considered. The concept of the main subject of activity in the implementation of supervision, its specificity, scope of activity is given. The concept of legal behavior is considered and that affects the choice of each of the participants in the legal relationship. The assessment of the procedural actions of the participants in criminal proceedings. The problems that arise during the implementation of prosecutorial supervision of the enforcement of laws by the bodies conducting the inquiry and preliminary investigation in criminal cases of corruption-related crimes are analyzed.