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Articles

Digitalization as an Element of Objective Reality
B. Bidova, Yu. Bystrova, T. Guseva, K. Petrovanov

🗏 : 007-014
DOI: https://doi.org/10.17277/pravo.2023.01.pp.007-014
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The article considers the process of digitalization as an element of objective reality, qualitatively changing the system of public relations, and at the same time possessing new risks and threats. The article presents an analysis of positive changes in the structure of public relations in connection with digitalization, while raising the question of emerging risks and threats. Thus, the electronic format of communication expands the possibilities of operational provision of state (municipal) services to citizens and legal entities, but at the same time the question arises about the possibility of leakage of personal data and the possibility of administrative influence on political and private life by the state. The article also examines the consequences of the development of video monitoring technology, digital biometrics, the introduction of electronic passports, access of tax authorities to bank secrecy.

Establishment of the Bukeev (Internal) Horde and its Administrative-Territorial and Land Arrangement in the Russian Empire: Modern Historiography
E. Gunaev

🗏 : 015-024
DOI: https://doi.org/10.17277/pravo.2023.01.pp.015-024
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The paper considers the problems of modern historiography of the research into the Bukeev Horde in the aspect of its administrative-territorial and land arrangement. The study analyzes the following areas of modern research into the Bukeev Horde: general assessment of the historiography of the

M. V. Vishniak as a Lawyer and Politician
O. Protasova, E. Bikbaeva

🗏 : 025-039
DOI: https://doi.org/10.17277/pravo.2023.01.pp.025-039
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The main milestones in the biography of a prominent representative of the Socialist Revolutionary Party, professional lawyer, public figure and publicist M. V. Vishniak (1883 - 1976) are considered. The essence of his views on the problem of personality in law is revealed. The main stages of his political path are analyzed from the position of one of the youngest activists of the Socialist Revolutionary Party to the unspoken status of the elder of the socialist community of the Russian diaspora. Vishniak's attitude to the issues of correlation of freedom, democracy and socialism is shown. Vishniak’s characteristic of the Soviet state and its legal system is presented. The role of Vishniak as a consistent democratic propagandist, whose views organically fit into the trends of Western political culture of the second half of the 20th century, is revealed. It is concluded that Vishniak acted, in fact, not only as an intermediary between representatives of the Russian and foreign democratic environment, but also became, thanks to the journalistic and memoir legacy left by him, a connecting link between witnesses and participants in the key events of the Russian history of the first quarters of the 20th century and modern researchers of the revolutionary era.

Current Directions of the State Employment Policy Transformation
E. Orlova

🗏 : 040-046
DOI: https://doi.org/10.17277/pravo.2023.01.pp.040-046
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The article is devoted to a topical problem – improving the effectiveness of the state employment policy in the context of discussing the draft of a new Law on employment. The author conducts a comparative legal analysis of the norms of the current legislation and the draft new Employment Law. It is proved that the definition in the draft law of the purpose, objectives, directions and activities contributes to a clearer, balanced state employment policy. Special attention is paid to the unemployed profiling as a condition for the effective implementation of state employment policy measures. It is noted that the profiling of the unemployed and assistance in employment is carried out through the implementation of an Individual Employment Promotion Plan, which is formed based on the results of profiling. The article analyzes the inclusion in the bill of norms on unconventional (shadow) employment and the fight against it, as it directly affects the implementation of social

Gender Approach in the System of Victimological Prevention of Beatings by a Person Subjected to Administrative Punishment or Having a Criminal Record in Family and Household Relations
D. Ziyadova, O. Shubina

🗏 : 047-055
DOI: https://doi.org/10.17277/pravo.2023.01.pp.047-055
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The article is devoted to victimological prevention of beatings in family and household relations, which has become the most relevant in all fields of science, including criminology. The results of targeted studies identify beatings in the family as the most common form of encroachment on health in the sphere of family and household relations, and are also a gender problem. The relevance of the problem is determined by the results of studies that establish that the most vulnerable in the family are people in a dependent position. The study was conducted in several subjects of the Russian Federation: the republics of the North Caucasus, Voronezh, Tambov and Kursk regions. The results of the study found that dependent representatives remain the most susceptible to beatings in the sphere of family relations: wives, helpless children and the elderly. The authors noted that vulnerable family members in the republics of the North Caucasus need protection most of all, given the closeness of the topic of violence within the framework of observing traditions and customs. The relevance of the topic was determined by the purpose of the study – the compilation of a victimological portrait of victims based on gender, as well as the establishment of factors determining the infliction of beatings by a person subjected to administrative punishment or having a criminal record in the field of family and domestic relations.

Current Problems of Female Criminality: Experience and Analysis of their Study in Western Legal Science
Ю. Исакова

🗏 : 056-063
DOI: https://doi.org/10.17277/pravo.2023.01.pp.056-063
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The article is devoted to the study of experience and analysis of actual problems of female crime in Western legal science. The author refers to the scientific heritage of foreign criminology and the scientific works of key experts on the designated topic, considering the study of female crime as a canvas of authoritative law schools and theoretical directions, as well as comparing them with the concepts of subsequent researchers. Of particular interest is the author's original approach, which analyzes the experience and analysis of the study of female crime in the context of political and legal events, as well as intellectual currents that prevail in a given period of time. It is also noteworthy that the author uses English-language sources that have not previously been translated into Russian, which is of undoubted interest for domestic criminal law theory, since it makes it possible to get acquainted with original materials that have had a significant impact on the current state of Western legal science and its intellectual roots, from which, among other things, the topical issue of female crime grows.

Criminological Analysis of Victimization of Minors and the Problems of its Minimization
E. Lykov, A. Belsky

🗏 : 066-070
DOI: https://doi.org/10.17277/pravo.2023.01.pp.066-070
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The paper presents the analysis aimed at combating the victimization of minors, which, in turn, considers the factors associated with the occurrence of manifestations of victimization and ways to deal with them. Victimization of a minor as a huge problem in the Russian Federation is currently mentioned in many scientific journals, articles, collections. This problem affects a huge range of minors. It is considered what is necessary to reduce this problem to nothing. The family, which is the main institution of socialization, has the most significant influence on the development of a teenager's personality. All features of the child's personality directly depend on the relationships that develop between family members. Since the family is an integral part of the life of a child and a person as a whole, it is worth saying that, under special negative circumstances, it can really become the first impetus for child victimization. Specific practical advice is shown on the direction of the activities of law enforcement agencies and educational institutions to combat the victimization of minors.

Origin and Dynamics of the Phenomenon of School Shooting in Russia
E. Mamontova

🗏 : 071-081
DOI: https://doi.org/10.17277/pravo.2023.01.pp.071-081
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The problematic issues of the emergence and the growing dynamics of the development of such a type of juvenile delinquency as attacks on educational institutions with the use of weapons against students, teachers and other personnel of an educational organization in Russia are studied. It is noted that massacres in schools and vocational education institutions as a phenomenon arose in USA. However, in recent decades, this phenomenon has been actively spreading to other countries, including Russia. It is shown that acts of violence in educational institutions Russia targeted at students or teachers are accompanied by a wide public outcry and a longterm destabilization of the situation in the educational institution that was attacked. These incidents led to the intensification of the study by the Russian scientific community of the reasons why students develop ideas of attacks on educational institutions. The purpose of the study is to understand the phenomenon of school shooting in Russia, the causes and factors contributing to its development.

Modern Perspective for the Application of New Computer Technologies in the Detection, Disclaimer and Investigation of Crimes
D. Tetkin, I. Voronina

🗏 : 082-089
DOI: https://doi.org/10.17277/pravo.2023.01.pp.082-089
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The article is devoted to the importance of successful detection, disclosure and investigation by law enforcement agencies using computer information of crimes of any kind. The authors note that in modern conditions, a coherent system of scientific and technical means has arisen, adapted and specially created for the disclosure, investigation and prevention of criminal encroachments. According to the authors, of interest is the question of the prospects for the development and improvement of this direction, the study of the experience of foreign countries. In the process of research, the authors revealed the meaning of the terms: artificial intelligence, digital traces of crimes. They also considered and analyzed the opinions of scientists studying the specifics of the application of the phenomena presented, as well as Russian and foreign practice. The paper also considers the experience of large IT companies involved in the development of digitalization. The authors proposed to develop specialized databases based on foreign information systems and adapt them to Russian reality, the content of which, in addition to the basic standardized information about a citizen, included information about the IP, MAC address, ID and nicknames of the user in social networks for the entire period of their use, e-mail addresses, domain addresses, etc.

The Analysis of the Law Enforcement Practice of Judicial Authorities for Consumer Protection of Medical Services
A. Kuznetsov, T. Kuznetsova, E. Kuzmenko

🗏 : 090-102
DOI: https://doi.org/10.17277/pravo.2023.01.pp.090-102
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The basic right of the consumer is the right to safety. It is enshrined both in the Constitution of the Russian Federation and the Law of the Russian Federation dated 07.02.1992 No. 2300-1 «On Consumer Rights Protection» (Article 7). In this regard, a special place is occupied by legal relations in the field of medical services. The general state of health of the population of the Russian Federation is deteriorating. There is an increase in oncological and cardiovascular diseases. Patients complain about the quality of medical care, the level of training of a medical person is questionable among the population. This leads to an increase in the total number of claims related to the protection of consumer rights in the field of medical services. The consumer complaints can be conditionally divided into several types: incompetence of medical workers, rude attitude to patients, poor-quality diagnostics and treatment. This article analyzes a specific court case that was considered in the October court of Lipetsk.

The Pskov Judicial Charter and Modern Problems of Historical and Legal Science
L. Sitdikova

🗏 : 103-109
DOI: https://doi.org/10.17277/pravo.2023.01.pp.103-109
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The article is an overview of the international historical and legal conference, which took place in September 2022 in Pskov and was dedicated to the Pskov Court Charter. The conference was one of a series of events held with the participation of the Association of Legal Historians. The article reveals the content of the main reports made at the conference and devoted to important issues of the development of historical and legal science, including the study of medieval monuments of law. The significance of the Pskov Judicial Charter was noted, which not only reflected the legal life of its time, but also testified to the formation of Russian traditions of democracy and democracy. Methodological aspects of the development of historical and legal science in the conditions of new scientific rationality are revealed.

Composition and Analysis of Administrative Violations in Management of Apartment Buildings
S. Sokhranov, I. Burkin

🗏 : 110-124
DOI: https://doi.org/10.17277/pravo.2023.01.pp.110-124
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In July-August 2022, NP «HCS Control», together with the prosecutor's office of the Tambov Region, conducted a public monitoring of the situation with the involvement of organizations that manage apartment buildings to administrative responsibility, provided for by the Code of the Russian Federation on Administrative Offenses («Code of the Russian Federation on administrative offenses» dated December 30, 2001 No. 195-FZ). The monitoring covered the period of bringing such organizations to administrative responsibility from January 01, 2019 to December 31, 2021 in all 85 constituent entities of the Russian Federation. The monitoring revealed the quantitative indicators of instituting administrative action against organizations involved in the management of apartment buildings by authorized bodies.