bluuebunny/crossref_metadata_2025 huggingface dataset:
A Protocol for Pollution Index, Source Identification, and Spatial Analysis of Heavy Metals in Top Soil
Authors: Mohammadi Amir , Nemati Mansour Sepideh , Faraji Maryam , Abdolahnejad Ali , Toolabi Ali , Miri Mohammad
Published: December 2020

Introduction: This study aimed to assess a good protocol for the contamination indexes, concentration, spatial analysis, and source identification of toxic metals in top soils.
Materials and Methods: In the first step, samples were taken from top soil (30 cm) and the metals were extracted and detected with ICP-AES. In the second step, Enrichment Factor, Geoaccumulation Index, and Contamination Factor of metals were calculated to determine soil contamination degree. Furthermore, the principal component analysis and correlation between metals were conducted for source identification.
Results: Spatial analysis, as an important section of the present protocol, was performed using Arc GIS, kriging, and Moran's I models. As results of Moran's I model showed, distribution pattern for Fe, As, Cd, Cu, Ni, Pb, and Zn were random (z-scores ranged from -1.17 to 1.09), indicatingthat these elements could be emitted from different potential sources. In Moran's model, spatial autocorrelation of each pollutant could be measured based on its value and location.
Conclusion: The finding of this protocol can be used for extraction of contamination indexes, concentration, spatial analysis, and source identification of toxic metals in top soils.
Diagnosis and Management of Spinopelvic Dissociation
Authors: Bidaki Morteza , Vosoughi Farzad , Zarei Mohammad , Kalantar Seyed Hadi
Published: December 2020

The article's abstract is not available.
Brachial Plexus Birth Palsy
Authors: Arabzadeh Aidin , Shafiee-Nia Bahman , Vosoughi Farzad , Oryadi Zanjani Leila
Published: December 2020

The article's abstract is not available.
Simvastatin and Ezetimibe-Loaded Nanofibers Administered Locally to Augment Bone Healing
Authors: Amiri Shayan , Yeganeh Ali , Moghtadaei Mehdi
Published: December 2020

The article's abstract is not available.
A Relação entre Internacionalização e Inovação nas Multinacionais de Países Emergentes
Authors: Bansi Ana Claudia , De Andrade Alisson Maxwell Ferreira , Galina Simone Vasconcelos
Published: December 2020

Objetivo: Avaliar a relação entre o grau de internacionalização, a intensidade de P&D (IP&D) e a geração de patentes nas empresas multinacionais (EMNs) dos BRICS (Brasil, Rússia, Índia, China, África do Sul).Método:  A amostra do estudo corresponde a 219 EMNs dos BRICS, cujos dados foram obtidos de 2002 a 2010 a partir de duas bases de dados: Thomson One Datastream e Compustat Data. Análises foram feitas por regressão múltipla.Principais resultados: Os resultados encontrados foram (i) EMNs mais internacionalizadas são as que mais investem em P&D; (ii) IP&D impacta positivamente na solicitação de patentes; (iii) a internacionalização aumenta o IP&D, que por sua vez aumenta patentes. Os resultados diferem pelo tamanho das empresas, sendo os impactos da internacionalização na inovação maiores nas empresas menores, e o impacto do IP&D na geração de patentes maior nas empresas maiores.Relevância/originalidade: Das várias formas de relação entre inovação e internacionalização a evidência de obtenção de conhecimento a partir da internacionalização é relativamente recente e, portanto, o impacto da internacionalização sobre a inovação tem sido foco de pesquisas mais atuais. Contudo, grande parte dos trabalhos focam em um só país, principalmente os países desenvolvidos. Portanto, é de grande relevância estudar este tema em países em desenvolvimento.Contribuições teóricas: Este estudo contribui para avançar a literatura na área de internacionalização mostrando empiricamente, que, assim como nos países desenvolvidos, nos BRICS a internacionalização tem efeito positivo na inovação.Contribuições para gestão: Mostra a necessidade de utilizar estratégia de expansão internacional como ferramenta para ampliar sua capacidade de investimento em inovação.
Anatomia da Corrupção Transnacional: Desvendando as Teias e Trilhas do Dinheiro Sujo em Negócios Legítimos
Authors: Oliveira Cintia Rodrigues de , Nascimento Isabella Chaves do
Published: December 2020

Objetivo: Examinar a corrupção transnacional a partir de observações empíricas coletadas do setor bancário, mais especificamente, de um dos maiores bancos internacionais, o HSBC.
Método: Pesquisa qualitativa, do tipo documental, com a análise de reportagens, dos últimos dez anos, sobre casos de corrupção envolvendo um dos maiores bancos internacionais do mundo. Utilizou-se a codificação aberta pelo modelo temático.
Principais resultados - Os resultados apontam para as trilhas da corrupção, as redes de atores e envolvidos, e os esquemas de corrupção.
Relevância/originalidade – A corrupção é um tema atual e relevante, porém, a maioria das análises consideram o lado da demanda, e não o da oferta na equação da corrupção global. Além disso, esta pesquisa aborda a corrupção como um fenômeno transnacional e não local.
Contribuições teóricas/metodológicas: Necessário – Este estudo contribui pela abordagem teórico-metodológica, pois aborda um fenômeno em um contexto internacional, cujo acesso a dados consiste em um obstáculo, pois é improvável que esquemas e operações entre funcionários corruptos sejam passíveis de exibição pública, a menos que os casos sejam expostos na imprensa ou estejam sob investigação.
Contribuições sociais / para a gestão (opcional): A pesquisa contribui para que gestores de companhias com alcance local e internacional, tenham entendimento mais amplo das consequências do envolvimento em operações e ligações perigosas.
The Status of Environmental Laws on the Environment Quality Standards
Authors:   Associate Professor of the Department of Financial Law of the Saint-Petersburg State Economic University (SPbSEU) LL.D., Andreeva Elena M.
Published: December 2020

This publication is devoted to the research of Russian legal regulation of environmental quality standards. So in the article the concept, functions and types of this group of environmental standards were investigated. Particular attention is paid to the controversial, problematic issues of the commented legal institution. As a result of the study, the author came to the conclusion that legislation on this field of environmental protection is developing rapidly. Meanwhile, many more environmental issues remain beyond the scope of the legal solution. So, the author found that there is no exhaustive, statutory list of physical indicators that are subject to state standardization. Commented standards are dispersed in a huge number of regulatory and technical acts, which are not ordered in any way. For the most part, many environmental quality standards are aimed at protecting human health. Physical standards of quality in the field of flora and fauna are practically absent. The article contains proposals for improving environmental legislation in the considered area.
Oil Spill and Environmental Security: Russian Law Improvement Issues
Authors:   Associate Professor (Russia), PhD (Law) USA, Broslavskiy Lazar I.
Published: December 2020

The article discusses the issues of improving legislation on liability for causing environmental harm, insurance of this liability and the development of a law on the environmental safety of production, transportation and storage of oil and oil products.
The Constitutional Right of Russian Citizens to Reliable Information on the State of the Environment: Modern Issues of Realization and Protection
Authors:   Associate Professor of the Department of State and International Law of the Kuban State Agrarian University named after I.T. Trubilin PhD (Law), Goncharov Vitaliy V. , Sokolova Darya O. ,   Employee of the Department of Constitutional Law Research of the Krasnodar Branch of the Institute of Globalization Issues Student of the Kuban State Agrarian University named after I.T. Trubilin, Schegolev Igor B. ,   Director of Private Forensic Center FINEKA, Autonomous Non-Profit Making Organization PhD (Law)
Published: December 2020

This article discusses the problems of implementation and protection of the constitutional right to reliable information about the state of the environment, describes the development of this right both in Russia and in other countries of the world. In addition the article gives the author’s definition of the concept of the constitutional right to reliable information about the state of the environment. The paper uses a number of methods of scientific research: analysis; synthesis; comparative-legal; historical; formal-logical.
Environmental Law Issues and Approaches to Strategizing in the Sphere of the Spatial Development of the Russian Federation
Authors:   Professor of the Department of Environmental and Natural Resources Law of the Kutafin Moscow State Law University (MSAL) LL.D., Professor, Vypkhanova Galina V. , Zhavoronkova Natalya G. ,   Head of the Department of Environmental and Natural Resources Law of the Kutafin Moscow State Law University (MSAL) LL.D., Professor, Honored Lawyer of the Russian Federation
Published: December 2020

The article deals with problematic issues of strategic planning of spatial development of the Russian Federation taking into account environmental protection, environmental safety, rational use of natural resources, and environmental rights of citizens On the basis of socio-ecological and economic approach to territorial management, the necessity of building a modern model of spatial development of the Russian Federation is shown, taking into account various factors and conditions, including natural resources and environmental ones. When considering the environmental component of the spatial development strategy in terms of challenges and threats, goals, tasks and directions, their lack of coherence and inconsistency with the provisions of economic and environmental security strategies and other strategic planning documents are revealed. The article substantiates the proposals for a systematic environmental-based spatial development strategy, improvement of legal and other mechanisms for the implementation of conceptual and other strategic planning documents.
Legal Issues of the Economic Support of Environmental Management on the Example of the Best Available Technologies
Authors:   Leading Research Scientist of the Department of Environmental, Land and Agrarian Law of the Institute of State and Law of the Russian Academy of Sciences (ISL RAS) PhD (Law), Kudelkin Nikolay S.
Published: December 2020

The environment in the Russian Federation is exposing to a high level of negative impact from human activities. Analysis of legal regulation of environmental protection shows that minimizing and preventing negative impacts on the environment is a difficult task. To solve this issue, a new approach to the implementation of various activities is needed, including measures such as the introduction of the best available technologies in the economic process. A number of legislative changes are proposed, aimed at creating a legal basis for state support for enterprises that manufacture «environmental friendly machines and equipment».
The Concept and Place of the Law of Rational Use of Natural Resources in the Environmental Law System
Authors:   Associate Professor of the Department of Environmental, Labor Law and Civil Procedure Leading Research Scientist of the Research Center for Human Rights, International Law and Integration Issues of the Law Faculty of the Kazan (Volga Region) Federal University PhD (Law), Associate Professor, Luneva Elena V.
Published: December 2020

It was revealed that rational use of natural resources can be considered both as one of the goals and as a principle of natural resource branches of law, and the right of rational use of natural resources — as a system of legal norms within the relevant branches of law, containing such a goal and (or) principle and implementing them. The concept of the law of rational use of natural resources in the objective sense is formulated. The classification of positions on the use of environmental, environmental and natural resource law is carried out, depending on which system of environmental legal norms is a broader or narrower formation, which of them is completely or partially absorbed by the other. The proposed classification allows us to show the influence of such approaches on the hierarchy of associations of environmental and legal norms (different names of the same subdivisions, their unequal composition, structure, etc.). The place of the law of rational use of natural resources in the system of environmental law has been determined. It is a larger legal entity than an institution, but it is not formed into a sub-sector either. The law of rational use of natural resources refers to the constituent norms of environmental law, which are modified and disclosed in legal institutions of both environmental law and individual natural resource branches of law.
On the Land Law Subject
Authors:   Associate Professor of the Department of Environmental and Land Law of the Law Faculty of the Lomonosov Moscow State University (MSU) PhD (Law), Narysheva Natalya G.
Published: December 2020

The article defines the concept of land relations, as well as their relationship with property and administrative relations.
ON CRIMINALISTIC METHODS OF IDENTIFICATION OF CRIMES COMMITTED WITH THE USE OF CRYPTOCURRENCY AND INVESTIGATION OF THE CORRESPONDING CRIMINAL CASES
Authors:   Acting Head of the Department of Pre-Trial Investigation of Economic Crimes of the Institute for Continuing Education of the Moscow Academy of the Investigative Committee of the Russian Federation, Perov Valeriy A.
Published: December 2020

The article discusses the basis of forensic techniques to identify crimes committed using cryptocurrency and subsequent investigation of such criminal cases. Based on the analysis of the functional principles of cryptocurrencies, the author proposes the basis of the appropriate forensic methodology based on the study of the functional principles of cryptocurrencies and the system of the laws that have developed in the process of their use.
THE PROCEDURAL FUNCTION OF THE HEAD OF AN INTERROGATION SUBDIVISION
Authors:   Associate Professor of the Department of State, Criminal and Legal Disciplines of the Plekhanov Russian University of Economics PhD (Law), Associate Professor, Arestova Ekaterina N. , Borbat Andrey V. ,   Associate Professor of the Department of State, Criminal and Legal Disciplines of the Plekhanov Russian University of Economics Honored Lawyer of the Russian Federation PhD (Law), Associate Professor
Published: December 2020

The article discusses the range of issues associated with appointment types and the main areas of procedural activities of the chief of division of inquiry, it is proved that, as a party to criminal proceedings by the prosecution, the chief of division of inquiry is the subject of criminal prosecution and implements procedural function of indictment.
PECULIARITIES OF THE LEGAL REGULATION OF EVIDENCE COLLECTION IN CRIMINAL CASES BEYOND THE BORDERS OF THE RUSSIAN FEDERATION
Authors:   Junior Scientific Assistant of the Department of Administration of Investigative Bodies of the Management Academy of the Ministry of the Interior of the Russian Federation, Akhmadullin Aleksandr R.
Published: December 2020

This article deals with the problems of legal regulation of the process of collecting evidence in criminal cases within the framework of mutual legal assistance, based on a systematic analysis of international legal acts and legislation, a conclusion is made about the inconsistency of legal norms regulating the collection of evidence outside the territory of the Russian Federation. In some cases, they are insufficient, which negatively affects the quality and efficiency of the preliminary investigation. Suggestions are made to eliminate inconsistencies in legal norms.
ON THE LEGAL POSITION OF A WITNESS UNDERGOING A PUBLIC CRIMINAL PROSECUTION PROCESS
Authors:   Prosecutor of the Department of Supervision over Enforcement of Laws on Corruption Combating of the Prosecutor’s Office of the Leningrad Region Junior Counsellor of Justice, Boyarintsev Andrey A.
Published: December 2020

In the article, the author considers the category of “witness under suspicion”, specifying that within the framework of criminal procedure science, the study of the legal nature of this phenomenon is very relevant due to the approach demonstrated by the legislator to endow participants in criminal procedure relations who have signs that do not allow them to be fully attributed to any of the existing categories with an independent procedural status. The author also provides a justification for the need to review the existing legal mechanisms for ensuring the procedural interests of a witness against whom actual criminal prosecution is being carried out, and raises the problem of using the evidence obtained as a result of such activities to expose the accused in a criminal case.
ON A PROSECUTOR AS A SUBJECT OF PROVING ON PRE-TRIAL STAGES OF A NATIONAL CRIMINAL PROCEDURE
Authors:   1st Year Postgraduate Student of the Department of Criminal Procedure Law named after N.V. Radutnaya of the Russian State University of Justice, Zakharyan Aleksey A.
Published: December 2020

The participation of the prosecutor in the criminal process covers both his judicial and pre-trial stages. It is well known that the prosecutor in the Russian criminal process acts as the subject of evidence, not only as the state prosecutor, but mainly as the person conducting the criminal process or observing (supervising) his proceedings in the pre-trial stages of criminal proceedings. In the doctrine of the Russian criminal process, starting with the Charter of the Criminal Procedure of 1864 and up to and including the modern Code of Criminal Procedure of 2001, the prosecutor, to one degree or another, acted as a full-fledged subject of evidence in the preliminary investigation. In the current legal regulation of the prosecutor, despite a number of sign if I can t deformations of his procedural status, it can be attributed to full-fledged subjects of evidence. After the well-known reform of June 5, 2007, which significantly affected the procedural status of the prosecutor at the pre-trial stages of the criminal process, the prosecutor, in the opinion of many well-known procedural scientists (the positions will be given in the presentation of the material), ceased to be a full-fledged subject of proof, since the participation of the prosecutor in evidence is associated with the availability of authority to collect, verify and evaluate evidence. The Russian prosecutor is deprived of forensic tools, he does not have the right to independently collect evidence by carrying out investigative actions, and in relation to the investigation he is deprived of even the authority to give the investigator binding instructions on collecting and verify in evidence. Based on the objectives of the study, the author assesses the content of the powers of the prosecutor as the subject of evidence in the pretrial stages of Russian criminal proceedings When writing the article, the author used general scientific methods (analysis, induction, deduction and others and private scientific methods (formal logical, comparative, legal). Based on analysis of the latest trend since forming the pre-trial stages of the criminal process of foreign countries, it is proposed to clarify the procedural status of the prosecutor in pre-trial proceedings.
THE USE OF A MIX-450 MOBILE FORENSIC LIGHT SOURCE TO IDENTIFY CRIME TRACES
Authors:   Associate Professor of the Department of Weapon Studies and Trasology of the Academic Complex of Forensic Examination of the Kikot Moscow University of the Ministry of Internal Affairs of Russia PhD (Law), Barinova Olga A.
Published: December 2020

One of the tasks of forensic science is to improve the tactics of conducting an inspection of the scene, which is largely associated with the use of modern technical and forensic tools used to detect, fix and seize traces and other material evidence in order to disclose and investigate a crime and establish the identity of the offender. However, as practice shows, the use of traditional technical means — portable sources of ultraviolet radiation to detect traces of biological origin (blood, semen, saliva and other human secretions) is not always effective. This is due to the fact that the intensity of the luminous flux of fluorescent lamps is quite low, which prevents the detection of traces during daylight hours. In addition, long-term illumination of the object, over 5 seconds, causes the destruction of the DNA in the blood and semen, which prevents the possibility of its further examination. At the same time, the arsenal of methods and technical means is constantly expanding. For example, a mobile forensic light source “MIKS-450” has now been developed. However, there is no information about the types of traces detected with its use. To fill this gap, the author of the article carried out a set of experiments, the results of which testify to the effectiveness of its use for detecting traces of human skin and preliminary examination of documents at the scene. The author also comes to the conclusion that the possibility of detecting traces of human skin depends on the physical properties of the trace substance (dirty or clean hands, dry or wet), the structure of the trace-sensing surface (smooth, rough), its color, as well as the time elapsed since the occurrence traces.
EXTREMISM AS A THREAT TO THE NATIONAL SECURITY OF A STATE
Authors:   Senior Research Scientist of the Research Center of the Management Academy of the Ministry of the Interior of the Russian Federation, Baal Natalya B.
Published: December 2020

The article reviews the extremism phenomenon in the countries of the former Soviet Union and the social and psychological image of a group of people prone to manifestation of elements of extremist behavior.
METHODS OF OPERATIONS OF INTERNAL AFFAIRS AGENCIES IN THE INDIVIDUAL PREVENTION OF OFFENSES
Authors:   Professor of the Department of Constitutional and Administrative Law of the Kursk State University LL.D., Professor, Likhachev Sergey V. , Raksha Natalya S. ,   Associate Professor of the Department of Administrative and Labor Law of the Southwest State University PhD (Law), Associate Professor, Kireeva Anna F. ,   Graduate Student of the Department of Administrative and Labor Law of the Southwest State University
Published: December 2020

The article deals with the issues of individual prevention of offenses in the system of activities of prevention subjects, determining the place of the Internal Affairs bodies of the Russian Federation in this process and describing the methods of their activities in this area. It is established that the system of crime prevention includes a set of measures aimed, first of all, at ensuring the appropriate moral formation of the individual, identifying and eliminating adverse effects on it that can lead to illegal behavior. The main methods of activity of Internal Affairs bodies in individual prevention of offenses — persuasion and coercion-are considered. The article uses a number of methods of scientific research, in particular, analysis, synthesis, classification, formal-logical, comparative-legal, historical-legal, etc.
SPECIFICS OF THE INFORMATIONAL ENVIRONMENT OF SUBCULTURES AND ITS ROLE IN THE ESTABLISHMENT OF LEGAL CONSCIOUSNESS OF MEMBERS OF TERRORIST AND EXTREMIST GROUPS
Authors:   Leading Research Scientist of the Department for Study of Strategic Management Issues of the Research Center of the Management Academy of the Ministry of the Interior of the Russian Federation PhD in Physics and Mathematics, Associate Professor, Lukashov Nikolay V. , Oniani Maiya G. ,   Senior Research Scientist of the Department for Study of Strategic Management Issues of the Research Center of the Management Academy of the Ministry of the Interior of the Russian Federation
Published: December 2020

The phenomenon of the informational environment of subcultures is reviewed as the aggregate of a specific set of knowledge, evaluations of the outside environment, terminology and slang that may be formed in its potential carriers, including artificially, which is important to raise efficiency of prevention of the involvement of citizens in extremist and terrorist organizations. It is noted that the minimum required set of attributes is more often formed artificially for gradual involvement of citizens in this or that subculture. The threshold of resistance to the involvement in a subculture is significantly lowered following gradual habituation to the use of a specific set of attributes by their imposing or inducement for voluntary use. This phenomenon is successfully tested by political strategists in many countries of the world including on the example of color revolutions. Mass media and telecommunications often act as a guiding force for such actions. The mechanism of manipulation of historical and other events, distortion of actual events is used to reinforce the required suggestions and raise the impact of attributes. The authors justify the need for timely identification of attributes of extremism and terrorism subcultures in the informational environment including mass media. As one of practical measures, it is suggested to increase the liability of mass media and other public informational resource owners for reliability of distributed data, disallowing intentional distortion of historical facts, events, phenomena of public life and their unproven and especially intentionally distorted interpretations.
ON THE INTERACTION BETWEEN OPERATIONAL UNITS OF THE PENAL SYSTEM AND OTHER AGENCIES CARRYING OUT CRIMINAL INTELLIGENCE AND SURVEILLANCE OPERATIONS
Authors:   Associate Professor of the Department of Organization of Regime, Criminal Intelligence and Surveillance Operations in the Penal System of the Pskov Branch of the Academy of the FPS of Russia PhD (Law), Asadov Vatan V.
Published: December 2020

The article deals with the organization of interaction of operational divisions of the penal system with other bodies engaged in operational investigative activities. Based on the research, the author analyzes the problems of legal regulation of the organization of interaction between the named structural divisions engaged in operational search activities.
LEGAL BASES OF CARRYING OUT CRIMINAL INTELLIGENCE AND SURVEILLANCE ANALYTICS ACTIVITIES BY INTERNAL AFFAIRS AGENCIES
Authors:   Senior Research Scientist of the National Research Institute of the Ministry of the Interior of the Russian Federation (NRI of the Ministry of the Interior of Russia), Babushkin Vladimir A.
Published: December 2020

The article is devoted to topical issues of legislative regulation of the activities of internal affairs bodies in the field of operational-search analytics. The author examines the content and specifics of the activities of operational police units in this direction in the context of the development of operational-search legislation of the Russian Federation, taking into account the formation of an information society and a digital economy in the country.
THE LAWS OF ESTONIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES
Authors:   Leading Research Scientist of the Department of Criminal and Criminal Procedure Law, Judicial Administration of the Institute of Legislation and Comparative Law Under the Government of the Russian Federation Honored Lawyer of the Russian Federation PhD (Law), Professor, Fedorov Aleksandr V.
Published: December 2020

The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.
REVIEW OF THE MANUSCRIPT OF THE MONOGRAPH SHADOW ECONOMY AND CRIMINAL BUSINESS BY YU.V. TRUNTSEVSKY AND A.K. YESAYAN. MOSCOW : KNORUS, 2020
Authors:   Chief Research Scientist of the Department of Administrative Legislation and Procedure of the Institute of Legislation and Comparative Law Under the Government of the Russian Federation Corresponding Member of the Russian Authors’ Society (RAO) LL.D., PhD (Economics), Godunov Igor V.
Published: December 2020

The monograph stipulates the main provisions characterizing shadow (criminal) processes in the world economics and macroeconomics from a criminal law standpoint. The authors describe the shadow economy content, the reasons for and consequences of its growing; issues concerning the approaches to the evaluation of the shadow economy and efforts decreasing it, in particular, measures of criminal law influence. Much attention is paid to the presentation of the criminal economy, criminal policy in the reviewed economic sector. The paper presents doctrinal provisions, official statistics and other data characterizing the essence of shadow economy expansion on the global and domestic scale; the legal basis aimed at the fight against reduction of the shadow economy level.
ON NON-STANDARD MEASURES OF CENTRAL BANKS SUPPORT DURING CRISIS PERIODS
Authors:   Director of the Center for Monetary Policy and Financial Markets of the Financial University under the Government of the Russian Federation (Financial University) Financial University Doctor of Economics, Ershov Mikhail V. , Tanasova Anna S. ,   Deputy Director of the Center for Monetary Policy and Financial Markets of the Financial University under the Government of the Russian Federation (Financial University) Financial University PhD (Economics)
Published: December 2020

Pandemic of COVID-19 caused turmoil in the financial markets and crisis developments in economic in 2020. Central banks took several steps to stabilize the situation. These steps in significant scale included nonstandard measures for central banks (crediting nonbanking sector). The size of such measures was larger than during the global financial crisis 2008–2009. Now such steps were taken in a larger number of countries. The widening of central banks functions gave rise to discussions and were not implemented quite smoothly. In some countries legislative changes were required. The article observes special features of central banks’ measures during the current crisis.
MODERN CHALLENGES OF BANK FRAUD TO THE FINANCIAL SUPPORT OF E-COMMERCE
Authors:   Leading Research Scientist of the Department of Corruption Prevention Methodology of the Institute of Legislation and Comparative Law under the Government of the Russian Federation Professor of the Department of Criminal Policy of the Management Academy of the Ministry of the Interior of the Russian Federation LL.D., Professor, Truntsevskiy Yuriy V.
Published: December 2020

The article presents the results of scientific development in Russia of the problem of counteracting bank fraud, identifies modern trends in the development of bank fraud, as well as possible corporate measures to prevent this type of financial crime in banks. The coronavirus crisis increases the risk of bank fraud, including in the field of e-commerce. Bank fraud is considered as crimes of “white collar” — employees (consultants) of the bank, using their professional opportunities to perform (service) banking operations and other transactions, contrary to corporate culture and values.
INSURANCE REGULATION PECULIARITIES IN THE BANK INSURANCE PRACTICE IN THE EUROPEAN UNION
Authors:   Head of the Department of Social Insurance and Economics of the Financial University under the Government of the Russian Federation (Financial University) Financial University Doctor of Economics, Professor, Tsyganov Alexander A. , Maslennikov Sergey V. ,   Junior Research Scientist of the Department of Social Insurance and Economics of the Financial University under the Government of the Russian Federation (Financial University) Financial University
Published: December 2020

In the Russian Federation, bancassurance has already become a relatively common type of interactions between banks and their customers in selling insurance, with banks being the main channels for distributing insurance services in exchange for commission. Borrowers are known to be the weaker side of a contract, which leads to banks impose insurance services and commission, which the banks may capitalize on. This indicates a significant issue for the local antitrust and banking regulations. The article describes the expertise in managing these activities in the member countries of the European Union and provides recommendations for a possible legal regulation of insurance and banking activities in Russia.
INTERNATIONAL APPROACHES TO THE RE-GULATION OF VIRTUAL BANKS, ALGORITHMIC TRADE AND ARTIFI-CIAL INTELLIGENCE SYSTEMS IN FINANCIAL TRANSACTIONS
Authors:   Associate Professor of the S.N. Lebedev Department of Private International and Civil Law of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (MGIMO University) Member of the European Artificial Intelligence Alliance Advisor to Director of the Department of the National Payment System of the Bank of Russia PhD (Law), PhD (Economics), Shamraev Andrey V.
Published: December 2020

This paper reviews certain legal aspects of automatic and autonomous financial transactions. International approaches to regulation of key areas of digitalization in the financial sector, such as virtual banking, algorithmic trading of financial instruments and the introduction of artificial intelligence systems, are considered.
BANK CREDIT RATINGS AS A RELIABILITY INDEX: (OBJECTIVITY OR A FINANCIAL MARKET DEMAND)
Authors:   Dean of the Law Faculty Professor of the Department of Legal Regulation of Economic Operations of the Financial University under the Government of the Russian Federation (Financial University) Financial University LL.D., Professor, Ruchkina Gulnara F.
Published: December 2020

Separate provisions of the law regulating the activities of credit rating agencies are analyzed. Attention is drowned to the implementation of the provisions of this law, which is implemented by by-laws of the Bank of Russia. Examples of ratings assigned to banks by financial supermarkets are given, as well as up-to-date information in the form of tables about credit ratings assigned to banks. It are concluded that the ratings assigned to banks are more informative in comparison with the financial indicators of banks posted on official websites, as part of the assessment of their financial reliability.
NOTARIES’ COMPETENCE: SOME PROBLEMATIC ISSUES
Authors:   Associate Professor of the Department of Civil Law and Procedure of the Immanuel Kant Baltic Federal University PhD (Law), Yaroshenko Tatyana V.
Published: December 2020

The article examines the analysis of the competence of notaries as the main Institute of notaries, the correlation of the competence of notaries with the competence of other bodies and persons authorized to perform notarial acts, identifies some problems and prospects for the development of competence as a notary institution.
NOTARIAL CERTIFICATION OF THE AGREEMENT CONCLUSION OPTION IN THE RUSSIAN LAWS
Authors:   Associate Professor of the Department of Civil Law and Procedure of the Institute of the Academy of the FPS of Russia PhD (Law), Makhiboroda Maksim N. , Shestakov Kirill N. ,   Assistant Presiding Judge of the Zaraysk Municipal Court of the Moscow Region
Published: December 2020

The article is devoted to the process of notarization of an option within the framework of Russian legislation. The main actions of a notary when notarizing an option are considered. The article pays special attention to the problems arising in theory and practice.
THE USE OF A WRIT OF EXECUTION IN THE NOTARIAL PRACTICE
Authors:   Assistant Notary of the Novosibirsk Notarial District, Frisk Aleksey N.
Published: December 2020

The mechanism for the collection of certain debts provided for by the current legislation in a simplified manner, using instead of a judicial process a more abbreviated procedure — the procedure for making an executive notary inscription, is gaining deserved popularity among participants in civil turnover, in particular among qualified participants in the financial sector — credit organizations, banks. Noteworthy arguments characterizing the reasons for using such a mechanism include: — reduction of time for the procedure. If the trial takes months, then when making a writ of execution we are talking about several days; — a simple but clearly formulated procedure prior to contacting a notary; — reduction of financial costs for the collection procedure. This article will consider the practical issues that arise when making a writ of execution that is not related to foreclosure on mortgaged property, taking into account the emerging judicial practice.
SPECIFIC FEATURES OF IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO HIGH-QUALITY LEGAL SUPPORT TO ORGANIZATIONS AND PUBLIC AUTHORITIES
Authors:   Postgraduate Student of the Department of Theory of Law and State and Legal Disciplines of the International Law Institute, Dolidze Timur Yu.
Published: December 2020

The article is devoted to the problems of providing legal assistance to organizations. Unlike helping citizens, this type of legal consulting has a number of institutional features and specific features. Moreover, the author proves that this assistance is covered by the regulatory impact of constitutional law on qualified legal assistance. In this regard, the problem arises of isolating the status of fulltime lawyers, legal services and private legal consultations that are not part of the bar and notary systems. In particular, they should be provided with certain administrative, legal and procedural guarantees of access to the collection of evidence, reception by officials, familiarization with documents and materials, effective communication for constitutionally significant purposes.
THE INSTITUTE OF UNWORTHY HEIRS IN THE COURT PRACTICE
Authors:   Legal Adviser at ORETEX Group Joint-Stock Company, Mozhilyan Sergey A.
Published: December 2020

The article is dedicated to the issues arising in practice of using the provisions on unworthy heirs of the Civil Code of the Russian Federation. The provisions of the Civil Code of the Russian Federation establish only assessment categories, using which the courts assess the actions of supposed heirs by implementing its discrete authorities. Unfortunately, Article 1117 of the Civil Code of the Russian Federation has no answer to the question on the mechanism of an unworthy heir recognition, the standard of proving within similar court dispute, jurisdiction and procedure of dispute review. Of special interest is an issue on recognition of unworthy heirs who have deliberately evaded obligations to support the testator as the available court practice is rather contradicting and inconsistent. The article considers practical issues of implementing the way to protect the rights of heirs specified in Article 1117 of the Civil Code of the Russian Federation arising within activities of courts of general jurisdiction.
DISADVANTAGES OF THE RUSSIAN NOVELS ON COMMORIENTS (ARTICLES 1114, 1116 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION) IN THE COMPARATIVE LEGAL ASPECT
Authors:   Associate Professor of the Department of Civil Law of the Kemerovo State University PhD (Law), Attorney, Panichkin Vyacheslav B. , Panichkina Elena V. ,   Associate Professor of the Department of Philosophy, Law and Socio-Political Disciplines of the Kemerovo State Institute of Culture, PhD in Political Sciences
Published: December 2020

The article contains a critical view on the new laws on the commorientes (heirs in simultaneous death and death in quick succession) of the Civil Code of Russia (Art. 1114, 1116), which replaced the legal category “day of death” by the category “the moment of death”. It must be noted the critics made from the standpoint of a supporter of such changes of law. While analyzing the new laws by method of law comparing with the foreign laws concerning the same tasks in the common law system, the author finds eight significant insufficient of present Russian law that need to be corrected.
Grounds for Deprivation of Parental Rights: The Law Enforcement and the Foreign Legal Regulation
Authors:   Research Scientist of the Institute of Philosophy and Law of the Siberian Branch of the Russian Academy of Sciences, Zykov Sergey V.
Published: December 2020

The article discusses the reasons for the deprivation of parental rights provided for in Article 69 Family Code. When comparing them with the provisions of the Convention on the Rights of the Child, a conclusion is drawn about their significant difference, therefore, the thesis that the existing provisions of Russian law are determined by international obligations of the Russian Federation is not confirmed. Despite the fact that the six existing structures of deprivation of parental rights are independent, an analysis of law enforcement practice shows that the courts avoid a clear reduction of factual circumstances to the relevant compositions. Of course, this increases the risk of an unjust decision. The clarifications given in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 14, 2017 No. 44, unfortunately, are insufficient. The norms establishing the basis for deprivation of parental rights in the Union of Independent States are generally similar to the Russian ones, however, in a number of cases, the latter show a desire for concretization. In Western European countries, such reasons, as a rule, are not particularly distinguished: violation of the rights of the child is considered as the basis for applying various measures of influence, among which the deprivation of parental rights is extreme, but even if it is used, the parents do not lose the opportunity to communicate with the child (if this does not contradict him interests). The latter should be provided for in Russian law. According to the author, one should restrictively formulate the grounds for depriving parents of their rights, reduce their number; at the same time, an explanation should be given to the courts about the need to clearly follow their content when making decisions.
The Hague Convention on International Child Abduction: The Protection or Neglect of a Child`s Interests?
Authors:   Senior Research Scientist of the Department of Legal Studies of the Institute of Scientific Information for Social Sciences (INION RAN), PhD (Law), Kravchuk Natalya V.
Published: December 2020

The paper analyses provisions of Convention on the Civil Aspects of International Child Abduction with regard to a principle of the best interests of the child. The jurisprudence of the European Court of Human Rights on the best interests of the child dictates they should be interpreted broadly and cannot be identified by the application of the legal presumption. There is therefore a potential conflict between this reading and a narrow interpretation of this notion by the Hague convention according to which the best interest of the child in the case of international abduction is to return to the state of habitual residence. To secure the best interests of the child while applying Hague convention it is necessary to take into consideration respective international standards.
Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status
Authors:   Degree-Seeking Student of the P.G. Demidov Yaroslavl State University LL.M., Lekanova Ekaterina E.
Published: December 2020

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.
The Legal, Spiritual and Moral Content of the Principle of Priority of Family Upbringing in the Russian Law
Authors:   Teaching Assistant of the Department of Theory and History of State and Law of the Taganrog Institute of Management and Economics, Burova Elena V.
Published: December 2020

This article is devoted to the analysis of the principle of priority of family education of children and its spiritual and moral content in order to find a scientifically sound legal strategy for its implementation. It is established that forming intra-family stereotypes of behavior, family education allows, without violating legal and moral norms, to create conditions for the preservation of children’s positive family experience, including ideological choice and the formation of family consciousness.
Apartment Block Management by a Housing Cooperative: Law Improvement Areas
Authors:   Head of the Legal Department of the Kortunov Novocherkassk Engineering and Amelioration Institute – Branch of the Don State Agrarian University Postgraduate Student of the Department of Civil Law of the Southern Federal University (SFEDU), Balanovskiy Aleksandr A.
Published: December 2020

This article deals with the regulation of public relations that are developing regarding the management of an apartment building by housing, house-building cooperative. Based on the analysis of Russian legislation on housing and house-building cooperative, attention is drawn to the legal gaps in housing legislation related to the management of multi-apartment housing, house-building cooperative, which is one of the important problems of housing, house-building cooperative, as well as ways to solve them.
Protection of Interests of Minor Children in Course of Division of Common Property of Spouses
Authors:   Professor of the Department of Civil Law and Procedure of the Stavropol Institute of Cooperation (Branch) of the Belgorod University of Cooperation, Economics and Law PhD (Law), Associate Professor, Bykodorova Andzhela F. , Minina Anna A. ,   Associate Professor of the Department of Civil Law and Procedure of the Stavropol Institute of Cooperation (Branch) of the Belgorod University of Cooperation, Economics and Law PhD (Psychology), Associate Professor, Bogatyreva Aminat T. ,   Senior Lecturer of the Department of Civil Law and Procedure of the Stavropol Institute of Cooperation (Branch) of the Belgorod University of Cooperation, Economics and Law
Published: December 2020

The article is devoted to the problems of protecting the interests of minor children in the division of common property of spouses. The authors come to the conclusion that the concept of «child’s interest» should be consolidated at the legislative level.