Journal headings
"Legal sciences"

Annotation: This article describes the actual problem of the legal regime of the property of higher education institutions, highlights aspects of this issue, including differences in the legal status of institutions depending on their type (budgetary, private, autonomous) and the objectives of their activities. In recent years, Russia has been experienc- ing significant changes in the sphere of higher education and property management of the educational institutions. New laws and bylaws may affect the legal status of property, which requires constant monitoring and analysis. With limited government funding, higher education institutions are becoming increasingly dependent on their own income, including rental and use of property. This emphasizes the need to clearly define the legal status of their property for effective management and development. The importance and necessity of a clear regulation of the rights and obligations of higher education institutions in relation to property, the forming of an effective mechanism for access to public resources, and the clarification of legislation in this area for the development of higher education institutions are substantiated. The variable and constant parts of the nature of the “property owner-institution” relationship model are revealed. The dependence of the legal regime of property on the posi- tion of the legal entity in operational management is shown. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to the analysis of the prospects for the constitutional development of the Russian Federation at the present stage of development of society and the state in the context of accumulated experience and current challenges in international relations. The article substantiates the need to adopt a new Constitution of the Rus- sian Federation. While appreciating the content, potential and direction of the 2020 constitutional amendments, the author is convinced that there is an urgent need for further accelerated progress in this direction. This is due to the fact that at least four fundamental provisions of the Basic Law are subject to cardinal revision until their decisive and final repeal. We are talking about part 2 of Article 13, which prohibits state ideology, part 2 of Arti- cle 9 of the Constitution, which allows private ownership of Land and other natural resources, part 1 of Article 1, declaring Russia a democratic state, article 2, proclaiming man, his rights and freedoms as the highest value. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to the study of judicial practice as one of the most significant instruments for overcom- ing gaps in criminal law. Theoretical and legal foundations of legal gaps, their correlation with the analogy of statute and the analogy of law, as well as the specifics of judicial interpretation in the context of the principle of legality are considered. Particular attention is paid to the historical stages of the forming of the role of judicial practice in Russia — from the pre-revolutionary interpretation of laws by the Senate to the modern practice of the Constitutional Court and the Supreme Court of the Russian Federation. The impact of the Supreme Court Plenum resolutions on filling gaps in the regulation of new types of crime, including cybercrime and extremism, is analyzed. It is concluded that judicial practice in criminal law has a dual nature: on the one hand, it ensures legal certainty and fills legislative lacunae, and on the other hand, it entails the risks of “judicial law-making” and blurring of the principle of legality. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: This article analyzes the criminological characteristics of the personality of a female criminal based on socio- demographic, criminal-legal, moral-psychological, social-role, and penal-executive characteristics. The author has established that criminologists are currently inclined to seek an explanation for the criminal personality and its unlawful behavior not in physiology and psychiatry, but in social psychology and psychological theories of personality. In domestic criminology, the concept of a social personality type of a female criminal is used, which includes significant socio-psychological characteristics in the form of stable ways of her behavior when interacting with the surrounding social environment. The social type of a woman is a unity of her individual personality traits with typical characteristics of those social groups in which she is included. The stability of her behavior patterns allows us to identify her types of criminal behavior. Taking this into account, it is noted that in domestic criminology there are various approaches to defining the criteria by which it is appropriate to reveal the features and characteristics inherent in a particular category of female criminals. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: This article analyzes the general principles of sentencing and criminological characteristics of the perpetrator’s personality in relation to such a specific crime as theft from an oil pipeline, an oil product pipeline or a gas pipe- line (paragraph “b” of Part 3 of Article 158 of the Criminal Code of the Russian Federation). The relevance of this study is determined by the high social danger of these acts and the presence of pronounced problems in law enforcement practice that require scientific understanding. The methodological basis was a systematic analysis of the materials of criminal cases, which made it possible to differentiate criminal attacks into two main groups: theft of oil and petroleum products, and theft of gas. The study showed that, despite the uniform criminal law norm, judicial practice demonstrates a sustainable differentiated approach. It was found that in the vast majority of cases (85 %), actual imprisonment is imposed for the theft of oil and petroleum products, while a suspended sentence is almost always applied for the theft of gas (97 %). Punishments such as fines and forced labor are imposed only in isolated cases (15 % and 2 %, respectively). The article analyzes in detail the typical mitigating and aggravating circumstances, as well as presents a criminological portrait of the perpetrators, which differs significantly for the two groups in motivation, level of organization and socio-demographic indicators. In the text of the article, the Russian Federation is abbreviated as RF.