bluuebunny/crossref_metadata_2025 huggingface dataset:
Pandemic and the constitutional law in the Czech Republic
Authors: Váňa A. , Koudelka Z.
Published: September 2023

The Covid or Chinese flu pandemic put a number of countries in a state of emergency. Whether this state is explicitly a state of emergency is not decisive, since various legal systems use various terms, but it is decisive that in respect of its power the Czech state uses collective and blanket bans to regulate persons differently than under normal conditions.The article deals with the impact of the Covid pandemic on the legal system. It points out to the deficiencies in the current legislation. Its basic idea is that the fundamental legal solution to states of emergency must be represented by constitutional regulation. It determines areas in which the Constitutional Act on the Security of the Czech Republic should be amended. Constitutional embodiment of emergency lawmaking with executive power is suggested along with introducing controls by the Chamber of Deputies and with obligatory inspection of emergency legislation acts by the Constitutional Court. It is also suggested for a form of legislation to be thoroughly used for blanket bans and orders in preference to a form of a special administrative decision – measure of a general nature.The experience with the Covid pandemic approved that the legal solution to a crisis must stem in the constitutional legislation. A regular act cannot represent the basis. This constitutional legislation may in the future also be the constitutional act on security. Although it is appropriate to amend it in the following areas:1. Introduce the possibility of emergency legislation issued by the executive power.2. Introduce parliamentary review of individual emergency legislation acts. 3. Introduce mandatory review of emergency legislation acts by the Constitutional Court.4. In the case of general bans issued by the Ministry of Health amend their provisions from general nature to sublegal regulation.
Key factors of the influence of technocracy on the tendentious aspects of the development of democracy: a global dimension
Authors: Berch V.V.
Published: September 2023

The scientific article examines the key factors of the influence of technocracy on the tendentious aspects of the development of democracy.It has been established that the form of government and the peculiarities of the choice of value approaches to empowering individuals with the powers to form and implement state policy affect the development of democratic processes in one or another state.It is emphasized that during the last few years, anxiety about the future of democracy has spread throughout the world. Scholars have documented a global “democratic recession” and argue that even long-established “consolidated” democracies may be losing their commitment to freedom and leaning toward more authoritarian policies.It has been determined that pro-democratic attitudes co-exist to varying degrees with openness to non-democratic forms of government, including the rule of a strong leader, experts or the military. Even in established democracies, non-democratic models find some support. Although commitment to representative democracy is relatively high in affluent, strong democracies, significant minorities in such countries are open to non-democratic alternatives.Emphasized, technocracy is a model of governance in which decision-makers are elected to office based on their expertise and expertise in a particular field. In practice, since technocrats must always be appointed by some higher authority, the political structure and incentives that influence that authority will always also play a role in the selection of technocrats.It is clear that an official who is called a technocrat may not possess the political acumen or charisma normally expected of an elected politician. Instead, a technocrat can demonstrate more pragmatic and focused problem-solving skills in the political arena.In a state where citizens are guaranteed certain rights, technocrats may seek to encroach on them if they believe that the application of their specialized knowledge will satisfy a wider range of public interests. A technocrat can make decisions based on calculations of data, not based on the impact on the population, individual citizens or sections of the population.It has been established that in the modern world we have the opportunity to observe the phenomenon of digital technocracy. Noted, technical experts, artificial intelligence, rule many areas of politics in many parts of Europe. However, EU member states differ significantly in their approaches to privacy regulation, for example, in terms of setting privacy standards.
Public procurement in the system of economic and legal relations
Authors: Shvydka T.
Published: September 2023

The article is devoted to the consideration of the issue of distinguishing between the economic and legal aspects of the regulation of public procurement and administrative and legal. It is proved that the institution of public procurement is the object of regulation of economic and administrative law at the same time. It is emphasized that relations arise in this area in connection with the acquisition of goods, works and services to meet the needs of the state, territorial communities and united territorial communities. It is noted that, despite its importance, the field of public procurement is also an arena for the commission of competitive offenses in the form of anti-competitive concerted actions.It is analyzed that the relations arising in the field of public procurement can be divided into certain groups, namely, relations regarding the regulation, organization and procedure for conducting tenders, resolving disputes, appealing against decisions or inaction of the subject of authority to the emergence of contractual legal relations between the organizer and the winner of the tender, subject to the jurisdiction of the administrative courts. However, relations for the conclusion and appeal of procurement contracts between the customer and the winner, which are equal entities and conclude contracts between themselves that are of an economic and legal nature, that is, taking place after the conclusion of the contract, already fall under the jurisdiction of economic courts.The article also analyzes the issues of responsibility for offenses in the field of procurement. Distortion of the results of competitions, auctions, tenders is one of the most common types of violations in the field of public procurement, for which economic and legal liability is provided. This offense qualifies under paragraph 4 of part 2 of Art. 6 of the Law of Ukraine «On the Protection of Economic Competition», because not only the conditions of competition are violated when choosing the winner of the procurement, but also the basic principles provided for by the Law of Ukraine «On Public Procurement». Economic and legal responsibility for this type of violation is borne by all business entities that participated in this conspiracy. The law provides for the imposition of a fine on participants in anticompetitive concerted actions.However, in the course of public procurement, there may be administrative and even criminal liability borne by official (officials), an authorized person of the customer, and managers of customers. Article 164-14 of the Code of Administrative Offenses provides a list of violations of the legislation on the procurement of goods, works, services for public funds. As for offenses directly related to the conduct of procurement procedures, there are no such norms in the current Criminal Code of Ukraine. However, offenses may contain signs of a crime under Art. 364 of the Criminal Code of Ukraine «Abuse of power or official position», that is, to refer to such persons as the chairman or members of the tender committee.
Challenges and opportunities of modernity: a comprehensive system of information protection
Authors: Liapin K.E.
Published: September 2023

In today’s digital world, information is a key resource, and its protection is an extremely important task in our time. Cyber security is becoming more and more important for organizations, governments and people. Cyber threats are evolving, traditional protection methods may not be sufficient to ensure a high level of security, so it is necessary to develop effective approaches to information protection. The response to challenges is concentrated in a complex protection system, it becomes an important strategy for ensuring the stability and reliability of information resources and networks.The article highlights some of the challenges and opportunities facing modern information security, and also considers the role of a comprehensive defense system in countering cyber threats. Among the challenges, we can highlight the rapid pace of technology development, which requires constant updating of protective strategies. In addition, the increasing number of cyber attacks and their complexity are forcing organizations to rethink their approaches to cyber security. Another challenge is ensuring security in global networks, where information moves through different territories with different rules and laws.On the other hand, complex information protection systems open up new opportunities for effective fight against cyber threats. They combine various protection methods and technologies. This approach reduces the risk of successful cyber attacks. In addition, complex information protection systems can use artificial intelligence and data analysis to automatically detect anomalies and threats in real time. This allows you to quickly react to new threats and attacks, ensuring a high level of security.The importance of implementing comprehensive protection systems that take into account the variety of cyber threats and ensure reliable and sustainable protection of information resources in the future will become more important every day. This approach will help ensure the security of networks, reduce the risk of successful cyber attacks and ensure the security and confidentiality of information in today’s digital world.In general, complex information protection systems are becoming an integral part of modern information security. They help organizations ensure reliable protection of their valuable data and information resources, which is critical to their operations and success. However, in order to achieve maximum effectiveness, it is important to constantly update and improve such systems, taking into account new technological discoveries and growing cyber security threats.
The subject composition of control over compliance by public servants with the legal restrictions established for them
Authors: Shovkun Y.I.
Published: September 2023

The article focuses on the fact that the institution of public service is an integral element of the state apparatus, and as a result, all processes of state administration, including control, extend to it. The latter ensures high-quality performance of professional duties by public servants, discipline and legality, that is, those components without which the existence of public service and state bodies is impossible. Control over compliance by public servants with the legal restrictions established for them plays an important role in the formation of a high-quality and professional personnel corps. It ensures the acceptance of honest, conscientious and qualified employees into public service, as well as timely response to dynamic changes of a negative nature in their official activities.It is noted that control plays an equally important role when checking compliance by civil servants with restrictions stipulated by anti-corruption legislation and those related to compliance with generally recognized ethical norms of behavior. Along with state control over compliance with the legal restrictions set for them by public servants, the latter also exercise self-control. In other words, each of the public servants must independently monitor their professional activity and behavior, in particular, observe anti-corruption restrictions and ethical norms of behavior.At the end of the study, the author formulated a system of control over compliance by public servants with the legal restrictions set for them: the Verkhovna Rada of Ukraine (Committee on the Prevention and Counteraction of Corruption), the Cabinet of Ministers of Ukraine, the National Agency for the Prevention of Corruption, the Authorized Unit (authorized person) for the prevention and detection of corruption, the leadership of public administration bodies, local self-government bodies, public associations and unions, public councils at central executive bodies and state administrations, by subjects in the fields of audiovisual (local and public), print and online media, legal and natural persons).
Correction and resocialization of juvenile prisoners as a criterion for the effectiveness of measures of incentives and penalties applied to them
Authors: Burdina T.V.
Published: September 2023

The article is devoted to the analysis of the understanding of the essence of the correction and resocialization of convicts, which is common in the doctrine of criminal executive law, as well as to the clarification of the influence of the measures of incentives and penalties applied to juvenile prisoners on their correction and resocialization, and so, to the justification of the value of correction and resocialization as a criterion of effectiveness such measures.The author highlighted the provisions of a number of normative legal acts in the field of criminal enforcement law in general and juvenile justice in particular, which emphasize that the purpose of execution of punishments should be the correction and resocialization of convicts. And in addition, it was found that the international legal standards for the execution of punishment in the form of deprivation of liberty in the matter of correction and resocialization of convicts are primarily focused on the development of socially useful professional skills and personal abilities of prisoners; and it was established that the Ukrainian legislator also provided for the formation of life skills in juvenile prisoners.The article concludes about the existence of degrees of correction and examines their definition in a number of Methodological recommendations of the State Department of Ukraine on issues of execution of punishments, as well as discloses the criteria and indicators for assessing the degree of correction of a convict in the disciplinary practice of institutions for the execution of punishments.At the same time, the author asserted that the main means of correction and resocialization are, in particular, the regime, and the system of measures of incentives and penalties is one of its main elements, one of the means of its provision, and therefore is one of the main means of correction and resocialization of juvenile prisoners, directly serving the purpose of their correction and resocialization.And so, it has been proven that the degree of correction of the convict testifies to the effectiveness of the measures of disciplinary influence applied to him. Moreover, the author considers as a criterion for the effectiveness of the measures of incentives and penalties applied to a juvenile prisoner his legal correction, not psychological, as well as penitentiary resocialization, which is a continuation of the process of his correction in the context of internal psychological, not social factors, as opposed to penitentiary resocialization.
Social and psychological factors of corruption
Authors: Kikalishvili M.
Published: September 2023

The article examines various scientific views on the types of socio-psychological factors of corruption crime and corruption in general. It is noted that the propensity to commit corrupt acts is determined by a set of social attitudes of an individual. The emergence of specific forms of corruption is closely related to the environment which creates favorable ground and conditions for corruption. The emergence and development of all criminal behavior, including corruption, involves such complex mental processes as awareness, intrinsic motivation, socialization, judgment and decision-making.The author emphasizes that corrupt behavior can be viewed as a complex of distorted social relations. Corruption occurs when legal norms, regulatory and control systems, and informal social rules facilitate or neglect corrupt behavior. The psychological factors of corrupt behavior include the division of responsibilities, guilt, fear of punishment, frustration, and the desire to succeed, as well as attitudes and values. The climate of corruption is also shaped by citizens themselves, namely by their dismissive attitude to corruption.In conclusion, it is noted that corrupt behavior is determined by the impact on the psyche of society - both micro and macro environment, conditions of socialization of the individual - assimilation of social norms in the process of education, upbringing and individual psychological properties.To better understand the social psychology of corruption, research is needed on the impact of group dynamics and interaction, social identity, trust, culture, and other factors on individual propensity to engage in corrupt behavior.It is also necessary to study political elites to understand how they perceive the costs and benefits of corrupt practices and how and why they rationalize such behavior.One of the tasks facing scientists should be to identify the causes and conditions that contribute to the formation of a loyal attitude to corruption in society. This, in turn, will create preconditions for the formation of a stable public opinion with a negative attitude to corruption (corruption resistance), as well as for the development of effective mechanisms of sustainable communication between public authorities and society.
Do negative features of corpus delicti exist?
Authors: Markin V.I.
Published: September 2023

The article deals with the main approaches to the essence and criminal legal nature of the negative features of corpus delicti. The author finds out that representatives of the first of them use the terminological phrase “negative features of corpus delicti” in their research, indicate the absence of such features in a certain corpus delicti, and, at the same time, persistently search for their “place” within this very same corpus delicti. Representatives of the second approach try not to use this terminological phrase, and if they do, they understand them as “ordinary” features of a specific corpus delicti, the peculiarity of which is the way they are expressed using negative (denying) concepts.On the basis of a critical understanding of the specified approaches, the author concludes that from the entire set of legislative instructions, which “by tradition” are called “negative features” of corpus delicti, only a part are signs of corpus delicti. At the same time, two types of such instructions are distinguished:the first type really reflects the features of corpus delicti, which are expressed with the help of negative (denying) concepts: it goes, for example, about such features as “incapacitated parents” (feature of a special victim), “violence that is not dangerous to the life or health of the victim” (manner in corpus delicti) etc. Taking into account the arguments presented in the article, they should be called so – features of corpus delicti expressed by negative concepts; the second type of instructions reflect not the features of corpus delicti, which are expressed using negative concepts, but the local rules of criminal legal qualification provided for by the Special Part of the Criminal Code of Ukraine: “in the absence of features of state treason” (Part 6 of Article 111-1 of the Criminal Code of Ukraine), “in the absence of features of a criminal offense against property” (Part 1 of Article 222 of the Criminal Code of Ukraine), “except for the cases provided for by other articles of this Code” (Part 1 of Article 182 of the Criminal Code of Ukraine)” etc. These rules imperatively determine the “sequence” of establishing the features of a group of corpora delicti, in which one or more of such corpora delicti have priority.
Specialized subjects of criminal offence prevention in the field of official activities and professional activities related to provision of public services
Authors: Tagiev S.R. , Ivashko S.V.
Published: September 2023

The article presents scientific views of criminology scientists on the system of subjects of criminal offence prevention, defines the system of subjects of criminal offence prevention in the field of official activities and professional activities related to provision of public services, and gives its main characteristics, analysis of the content of activities and functional powers of subjects of prevention vested with special powers in the field studied.The system of specialized subjects of criminal offense prevention in the field of official activities and professional activities related to provision of public services is regarded as a set of legal entities and individuals, state and public institutions united by a common goal and scope of tasks aimed at preventing socially dangerous acts, ensuring implementation of the state policy, organization and coordination of preventive activities, performance of functions regarding prevention, direct detection and cession of encroachments, restoration of the rights of victims, as well as elimination of criminogenic phenomena and processes in a certain area of public relations.The analysis of the legislative and regulatory acts regulating activities of relevant public institutions at the special preventive criminology level has resulted in the classification of subjects of preventive activity, outlining the normative and legal basis of activity, giving characteristics of the functional component and the scope of tasks of such subjects.Attention is focused on the fact that despite existing legislative acts and bylaws defining the crime reduction strategy and the anti-corruption strategy, corruption-related crimes still remain at quite high level.Based on the results of the study, the authors come to the general theoretical conclusion about the urgency of developing and adopting a comprehensive legislative act that will determine the grounds, principles, tasks of preventive activities, the system and legal status of subjects of such activities (their rights and obligations), guarantees for their activities, the peculiarities of preventive measures implementation (conditions, procedure, terms, etc.), the responsibility for violation of the requirements of this legislative act, which will create prerequisites for both reducing procedural violations and improving the performance of law enforcement institutions.
Application of a systematic approach in the development and use of information methods for the study of crime
Authors: Fedorov O.
Published: September 2023

Combating crime should be based on the principles of criminological science. Therefore, the formation of the theory of criminology remains an urgent need. And the development of information methods for the study of crime is one of the primary tasks of specialists.The task of the article is to substantiate the expediency of applying a systematic approach to the study of information methods for the study of crime in criminological science. The purpose of the article is to form the basis of the criminological theory of crime prevention measures.The following elements are asserted as the subject of criminological science: 1) toolkit of criminological research; 2) crime; 3) determination of criminality; 4) the identity of the criminal; 5) mechanism of individual criminal behavior; 6) crime prevention.The methodological basis of the research is the understanding of the global mega system, where the informational aspect is always manifested in the objectification of material and energy processes. Here, all processes are based on information, and the organization, functionality and interaction of system objects are determined by information.The system approach is a direction of research, and study of the world, which is based on considering objects as a system, focusing on revealing the integrity of the object, identifying the variety of connections in it, and bringing them to a single theoretical picture. It is the systematic approach that is an adequate cognitive tool for the systemic nature of the universe.Science in general, and criminological science in particular, represents a union of scientific activity and its informational result. Regarding the informational result of criminological science, we are talking about criminological information.It is considered reasonable to define criminology as a scientific activity of processing criminological information to obtain new knowledge. This activity is part of the systemic World, so it has a systemic nature and the tools of the systemic approach can be applied to it. First of all, about the research of information methods for the study of crime.It is considered a reasonable possibility of using information methods in criminology. Prospective areas of such work will be:1) detection of crime trends and measures to prevent it;2) modeling of criminogenic processes and law enforcement measures;3) criminological prognosis.Improvement of digital criminological methods in the future will be carried out primarily through the use of «artificial intelligence» technologies.
Reintegration of minors in juvenile justice
Authors: Khmelevska N.
Published: September 2023

The article analyzes the concept of reintegration of minors in juvenile justice. Punitive approach is not effective in working with minors. It is important to understand that the quality of the criminal process in which minors find themselves depends on their future and whether they will commit criminal offenses in the future. It is also necessary to remember that minor victims and witnesses also need reintegration, but different from minor offenders. It is indicated that different terminology is used in the literature to denote the process of reintegration, namely «resocialization», «reintegration», «rehabilitation», which mean a set of measures that provide juveniles involved in the criminal process with restoration, support, ensuring a return to law-abiding behavior and normal life activities, rethinking what happened. The most appropriate modern term is «reintegration», which is most appropriate for use in juvenile justice. The most common view is that reintegration begins after sentencing while serving a sentence, but this is a narrow understanding of the concept. The process of reintegration should be applied starting from the first contact of the minor with the law enforcement authorities and completed only after a certain period after the end of the trial stage. Reintegration should extend not only to minors in conflict with the law, but also to minors in contact with the law. For successful reintegration, it is necessary to develop special programs, it is important to work with a psychologist and the special knowledge of each employee of various structures that work with minors in the criminal process. This will help offenders to fully assess the consequences of their actions and get an opportunity to correct them and prevent reoffending by reintegrating offenders into communities.
Receiving biological samples of a person under the conditions of their voluntary provision
Authors: Basiuk L.
Published: September 2023

The article draws attention to and conducts an analysis of obtaining biological samples of a person under the condition of their voluntary provision. In the course of the study, it was revealed that during the investigation of criminal offenses there may be a need to obtain biological samples of a person with different characteristics, which can be conditionally divided into three groups: samples-reflections of a person, which include samples-prints: fingers, teeth, feet, lips, any parts of the surface of the human body; samples of functional manifestations of the person, which include samples of: handwriting, voice, speech; samples of personal characteristics, which include samples of smell, blood, saliva, any bodily secretions, nails, hair, etc.It was found that according to the type of specific biological samples, the need for which arises for the examination, the appropriate technology for their selection is also used. The procedure for a person’s voluntary provision of biological samples for examination has been disclosed, which consists in: 1) obtaining a person’s biological samples; 2) drawing up a procedural document on conducting an examination. Attention is drawn to the fact that obtaining biological samples of a person is carried out precisely according to the rules of personal examination, and not the procedure of personal examination determined by the Criminal Procedure Code of Ukraine, and the range of persons from whom biological samples can be taken for examination is not limited to suspects, witnesses and victims. That is, if necessary, according to the rules of Art. 241 of the Criminal Procedure Code of Ukraine, it is possible to take samples from any person if necessary. As a conclusion, in order to avoid the actions of authorized persons by analogy, which may require additional measures to prove the propriety and admissibility of the collected evidence on the part of the prosecution, we consider it necessary to make appropriate changes and additions to the Criminal Procedure Code of Ukraine, which would ensure the implementation of judicial practice in activities of authorized persons on proof and served as a guarantee for the formation of correct investigative practice.
International legal standards for the protection of a defender or a person’s representative from interference in their activities
Authors: Klymchuk M.P. , Stecik B.V.
Published: September 2023

The article provides a scientific analysis of international legal standards for the protection of a defender or a person’s representative from interference in their activities. It is emphasized that the formation of an effective legal mechanism aimed at achieving compliance of domestic legislation with international standards is important for ensuring the process of bringing national legislation into compliance with the requirements of leading legal democracies. It was emphasized that the practice of the European Court of Human Rights serves as an additional tool for the effective implementation of the function of protecting a person and representing his interests in criminal proceedings. In view of numerous violations of the basic components of the right to professional legal assistance, as well as the rights of defenders and representatives of persons involved in criminal proceedings, it is emphasized to take into account the provisions of the European Convention on Human Rights and the conclusions set forth in the decisions of the European Court of Human Rights regarding related to the activities of a lawyer, a person’s representative in an adversarial criminal process. It was concluded that the international legal norms, which establish general requirements for the implementation of judicial proceedings, are not only a procedural guarantee of ensuring the right to qualified legal assistance at the national level, their implementation in terms of the protection of a defender or representative of a person involved in criminal proceedings from external interference is designed to create conditions for the fulfillment of their functions by the specified entities. The principles of criminal proceedings are highlighted, which reflect the main requirements for the unhindered activity of a defender or a person’s representative in criminal proceedings, such as: legality; Rule of Law; ensuring the right to protection; the right to a fair trial; the right to freedom and personal integrity; equality before the law and the court, etc. Attention is drawn to the fact that any form of obstruction to the legitimate activity of a defense attorney or a representative of a person providing legal assistance in criminal proceedings, as well as violations of statutory guarantees of their activity, defined in international legal acts, must be considered as illegal, criminally punishable acts, defined by Art. 397 of the Criminal Code of Ukraine.
Forensic examinations in the field of information technology: some problems of preparation and conduct
Authors: Kurman O.V.
Published: September 2023

The article is devoted to the problems of preparing and conducting forensic examinations in the field of information technology. In particular, the author examines such types of expert studies as the study of computer hardware and software products and telecommunication systems and facilities. The Criminal Code of Ukraine contains Chapter XVI, which provides for liability for criminal offences in the field of information technology. The forensic methodology for investigating these criminal offences provides for the appointment and conduct of these types of forensic examinations as de facto mandatory. These types of forensic examinations are also appointed in the investigation of other criminal offences in which computers, mobile phones (smartphones), flash drives were used as tools or means (espionage, murder, tax evasion, duties (mandatory payments), terrorist financing, mass riots, etc.)These examinations are carried out in cases where it is necessary to establish factual data and certain actions committed with the help of electronic technical means that are relevant to criminal proceedings. In addition to the possibilities of these examinations, the article also highlights some problems related to the preparation and conduct of expert studies. For example, it is noted that in order to create an image or copy of the investigated hard drive on his computer, the expert must have a storage medium of at least the same capacity. And if several personal computers or servers with RAID-based disc arrays are sent for examination, the cost of replaceable storage media for copying data may hinder the successful conduct of the examination. It is determined that the peculiarity of the examination is that in the case of the study of software objects and the impossibility of working with their copies, changes almost always occur in file systems and registers of technical devices (for example, when they are switched on). This situation requires the expert to obtain permission to use so-called destructive (partially destructive) methods. The paper also discusses the peculiarities of preparing materials for expert research.
Theoretical and praxeological justification of the forms and directions of expert’s initiative implementation during forensic veterinary examination
Authors: Yatsenko I.V.
Published: September 2023

The article presents a theoretical and praxeological justification and details the forms and directions of the expert initiative implementation during the forensic veterinary examination, taking into account the specifics of the subject and objects of the latter.The author’s definition of the concept of “expert’s initiative” has been formulated, the meaning of which is that it is a legal category, as well as the phenomenon of initiating an initiative by the subjects of forensic expert activity, exercising the right to which, during the investigation of specific objects, the forensic expert has the opportunity to beyond the scope of the expert task, which formulated by the subject of the appointment of forensic examination in criminal proceedings or by the subject of its involvement in another type of legal proceedings or by the subject of its order outside of the judicial proceedings and implements this possibility by formulating at its own discretion additional facts and circumstances that are important for establishing the truth and set forth in the opinion of a judicial expert, as well as any initiative of a state specialized institution, which is carried out to implement the policy on expert support of the judiciary.It has been demonstrated that the phenomenon of expert initiative can be implemented not only in criminal proceedings, but also in other types of judicial proceedings and even outside of it. This, in turn, makes it possible to expand the limits of the competence of the subjects of forensic expert activity, and accordingly causes the expansion of parts of the forensic expert’s opinion due to the added research information that is the result of the expert’s initiative.It was established that the content of the expert initiative is a system of areas of forensic expert activity implemented in the form of a petition, action, proposal. This content covers the right of the forensic expert to present in his opinion the information discovered during the forensic examination, which is of importance for the criminal proceedings or the case, in relation to which he was not asked questions, and his other undertakings, provided for by the forensic expert’s right to expert initiative, which are carried out during the implementation of professional functions for the expert provision of justice.It has been established that the probative value of the expert’s conclusion will increase from the judicial expert’s exercise of the right to initiative. The forensic expert uses this right only in case of significant, sometimes decisive importance for the investigation of the offense.It is claimed that the factual data and circumstances established by the forensic expert within the scope of his exercise of the expert’s initiative have the same evidentiary value as the answers to the direct questions of the subject of the appointment of the forensic expert or the involvement of the forensic expert, set out in his conclusion.
Wikipedia as Space for a Memorial Confrontation between Catalan and Spanish Historical Memory
Authors:   Voronezh State University, Kirchanov Maksym V.
Published: September 2023

The purpose of this study is to analyze the perception of Catalan nationalism in the Catalan and Spanish ver-sions of Wikipedia as modern space for the development and actualization of collective historical memory and national identities. The author analyzes how agents of historical politics in Catalonia and Castile, using the vir-tual space of Wikipedia, construct various images of the history of Catalan nationalism and its political deriva-tives. The novelty of the research consists in the analysis of the virtual space of Wikipedia as a sphere of actual-ization of different versions of collective historical memory for Catalonia and Spain. The author analyzes: the perception of Catalan nationalism experience in the Catalan and Spanish sections of Wikipedia; various points of view on the history of Catalan nationalism presented in the virtual space; the perception of the history of Cat-alan nationalism as space of memory wars and memorial confrontations. The study also shows that the virtual-ization of collective memory has become a factor stimulating various and mutually exclusive ways of perceiv-ing the historical past, as presented in articles in the Catalan and Spanish sections of Wikipedia focused on the history of Catalan nationalism. It is assumed that the virtual space of the Catalan and Spanish versions of Wik-ipedia are just as susceptible to politicization as the academic environment of the regional historiographies of Spain. The results of the study suggest that the trends of memory virtualization will contribute to the Catalan-Spanish memorial confrontation.
Index of Military Ration as an Indicator of Armed Forces Provision: Comparative Analysis
Authors:   Financial University under the Government of the Russian Federation, Ezhov Dmitriy A. , Kalinin Daniil M. ,   Financial University under the Government of the Russian Federation
Published: September 2023

The article reflects the results of a comparative analysis of the development of individual nutrition rations for military personnel in different countries. The list of states included in the research sample is based on the “GFP” (GLOBAL FIREPOWER) rating, according to which they make up the top five in the global military sphere: Russia, the USA, China, India, and South Korea. The importance of military ration packs for catering military personnel in marching conditions is noted, due to which they must meet a number of requirements for the bal-ance of proteins, fats and carbohydrates, calories, etc., defined by the food technologists of the military minis-tries of different countries in accordance with the degree of complexity of the tasks performed by the military personnel. The results of the comparative analysis of the individual food ration kits showed that the Russian military ration packs are superior to the others in a number of indicators, in particular in terms of the energy value of the rations and the price-quality ratio. Overall, they are at an average level in the sample.
Neutrality of Public Control Subjects in the Russian Federation as its Principle: Constitutional – Legal Analysis
Authors:   Independent Researcher, Goncharov Vitaly V.
Published: September 2023

The present article is focused on the constitutional – legal analysis of the neutrality of the public con-trol subjects in the Russian Federation as its principle. The work examines the main points of view of domestic and foreign science representatives concerning the content of the concept of neutrality of the subjects of public control. The article analyzes the limits of realization of this principle. The au-thors formalize and examine the main problems that hinder its implementation: the lack of consolida-tion of this institution of civil society in the Russian Constitution; undemocratic nature of the for-mation of the subjects of public control; lack of prohibition in the legislation on political parties to intervene in the organization and activities of the subjects of public control; undeveloped norms of criminal and administrative and legal responsibility for countering legitimate activities of the latter. Moreover, the article develops a system of measures to resolve the above-mentioned problems, in-cluding proposals for amendments and additions to the Constitution of the Russian Federation and the current legislation.
Trends in the Development of Local Self-Government: Key Events of 2020–2023 and Their Impact on the Unified System of Public Power
Authors:   Independent Researcher, Tubolev Sergey M.
Published: September 2023

The article reveals relevant aspects of the events of 2020-2023 in the context of public-power rela-tions. In the context of the adopted constitutional amendments, the issue of local self-government becomes relevant due to the construction of a unified system of public power, in the vertical of which local self-government bodies are now also embedded. The steps taken by the federal legislator to reform the legislation on local self-government raise a number of significant problems related to the lack of certainty in the conceptual series used, as well as the delimitation of the powers of the state and local self-government, which are disclosed in this article. The initiated reform of public authority has not been able to bring the necessary clarity to this issue for the time being, for which reason the article proposes a substantive approach to the delineation of the spheres of influence of local gov-ernment and state power. This approach will overcome the uncertainty in the legislation on local self-government and will contribute to improving the efficiency of public administration.
National Interests of the USA, UK and Australia in the AUKUS Agreement
Authors:   Samara National Research University, Roshchupkin Vitaliy G. , Simanov Egor S. ,   Saint Petersburg State University
Published: September 2023

The article focuses on the study of the goals of the member countries of the new security organization AUKUS in the Indo-Pacific region. The work carries out an event analysis of the activities of AUKUS, to clarify the role of new organization in the region and differences from existing security organizations. Particular attention is paid to the analysis of national documents in the field of security and related discussions in the parliaments of the AUKUS member states, as a result of which detailed matrices of interests for the United States, Great Britain and Australia were obtained. It is noteworthy that in a number of cases the allies assessed each other’s inter-ests in their own analytical documents, which serves as an additional source of data on the true objectives of AUKUS. The study also analyzes and assesses the strategic environment in the Indo-Pacific region to clarify the pattern of changes in the field of security. The results obtained can be used to simulate the development of the security situation in the short and mid-term perspective.
Defining Priorities for “Smart Specialization” of the Belgorod Region Based on the Conjugation of Industrial and Scientific–Technological Competencies
Authors:   Belgorod State National Research University, Lyshchikova Julia V.
Published: September 2023

The article examines the approaches of foreign and Russian authors to determining the priorities of the “smart specialization” of regions. It is established that the current approaches are mainly of a complex nature and in-clude the adaptation of methodological approaches of foreign organizations, for example, the European Clus-ter Observatory, the definition of alternative development scenarios and differentiated structural models of spe-cialization; using localization indicators to identify the core specialization of regions, as well as indicators of relative technological advantage and technological connectivity to identify additional opportunities for diversifi-cation based on interregional ties with an emphasis on the development of end-to-end digital technologies; formation of spatial contexts of “smart specialization” taking into account the degree of industrial and organiza-tional density and diversity, institutional structures, system features, political opportunities, past experience of innovative strategies, the level of political centralization; identification of a “bundle of competencies” (a flexible set of economic activities or interrelated industries depending on the key competencies of the region) based on the study of the industry, patent, innovation and publication components of regional specialization. As a result, the author’s methodological approach to determining the priorities of “smart specialization” based on the con-jugation of sectoral specialization of global, national and macro-regional level and scientific and technological competencies of the region in the context of geographical, structural-technological and cognitive proximity is proposed. Approbation of the research tools resulted in the construction of a scenario model for determining the priorities of “smart specialization” of the Belgorod region within the application of entrepreneurial search procedures involving all stakeholders (regional authorities, business community, scientific community and res-idents of the region). The implementation of the proposed approach will allow all regions, including those not widely included in the global or national division of labor, to find a promising niche for development at the mac-ro-regional level, and also takes into account the possibilities of intersectoral convergence and the use of ac-cumulated competencies of regions in the field of end-to-end digital technologies.
Peculiarities of Cost Management in IT Companies
Authors:   Samara State University of Economics, Naumova Olga A. , Palevskaya Svetlana A. ,   Samara State Medical University
Published: September 2023

The article defines the peculiarities of calculating the cost of IT products, as well the types of companies pro-ducing them. It is emphasized that an objective assessment of the planned cost of software will help to more accurately predict the future financial result, which will determine the further adoption of management deci-sions. Software development costs necessarily affect its pricing, which largely determines the competitiveness of the future product. The work reflects the results of the authors’ study of the process of formation of labor costs for software production in modern Russian development companies. It is noted that the planning of over-head costs in such organizations is carried out in proportion to labor costs. To improve the effectiveness of their management, the authors developed a deviation matrix used to monitor the level of costs and identify the need for adjusting the planned indicators.