Vol 4, No 15 (2020)

The relevance of this study is determined by the critical importance of migration for international cooperation and intrastate development. The processes of globalization and migration are interrelated sociopolitical phenomena that require an adequate legal assessment. However, the law should not only commit the consequences of these processes, but also, if possible, regulate them in order to prevent a destructive influence on the states development. The aim of the study is to determine the impact of globalization and regional integration on the legal systems of member states of various types of international associations. The methods of attaining this aim include: dialectics, which allows to look at the processes under consideration from the view point of their mutual influence and dynamics; analysis and synthesis, through which the inalienable signs of phenomena are studied; induction and deduction as methods of a philosophical approach to the relationship between general and particular, while characterizing the interdependence of international and intrastate law. We pay considerable attention to special legal methods – comparative legal and formal legal, contributing to an all-sided study of the legal regulation of migration processes in individual countries. We base our conclusions on an assessment of the impact of international law on intrastate legal regulation in the field of migration, which is not only retrospective, but also prospective. We note the impact of pandemic on the migration legislation development.

We consider objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable. We emphasize that at the present time there is a polemic among scientists regarding the direct object of this crime and its subject, and there are also evaluative elements that characterize the objective side of this crime. Therefore, based on the analysis of Article 177 of the Criminal Code of the Russian Federation and doctrinal points of view, we conclude that it should highlight the main direct object – economic relations associated with lending and an additional direct object – social relations associated with the sphere of justice. The subject of this crime will be money and securities, but not accounts payable. Thus in relation to the funds, the debtor is indebted in an amount exceeding two million two hundred fifty thousand rubles, while in relation to the securities the debt by the legislator in Article 177 of the Criminal Code is not specified. Regarding the elements of the objective side of the crime composition under consideration, we note that it is characterized as malicious evasion from satisfaction of accounts payable on a large scale or from redemption of securities after the entry into force of the relevant judicial act. Taking into account judicial practice and doctrinal points of view, we conclude that in order to uniformly interpret and apply Article 177 of the Criminal Code of the Russian Federation, it is necessary to replace the word “maliciousness” with “intentional non-payment”, or give an official interpretation of the category of “maliciousness”, but without emphasizing the practice that follows certain (individual) court sentences. For example, maliciousness can be understood as “deliberate non-payment by a person of a debt, when he can fulfill his financial obligations, after one warning from the bailiff-executor about criminal liability under Article 177 of the Criminal Code of the Russian Federation”.

We analyze statistical data on the socio-demographic and criminal-legal characteristics of convicted of crimes in the economic activity sphere (Chapter 22 of the Criminal Code of the Russian Federation) in the Russian Federation for the period from 2011 to 2019. We establish that convicted of сrime under Article 175 of the Criminal Code of the Russian Federation stand out from the general mass of those convicted of crimes in the economic activity sphere due to their similarity in socio-demographic characteristics with convicted of crimes against property (theft). Analysis of the characteristics of the criminal’s personality traits allows us to conclude that among the persons who have committed crimes in the economic activity sphere, men are highly active; the highest frequency of registered crimes falls on the age group from 30 to 49 years; these categories of persons have a fairly high level of education (higher or secondary); the percentage of persons who have committed crimes in the economic activity sphere and at the same time had a criminal record is rather low; crimes in the economic activity sphere are committed with the predominance of the motive of self-interest, and in some cases, the status motive.

We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, comparative legal methods are used to analyze the legislation of states with the Anglo-Saxon and Romano-Germanic legal system. Based on the study of the doctrinal points of view of scientists and the positions of higher courts, the definition of this category is formed from the position of civil tort. The following definition is proposed: “Defamation is a violation of civil legislation, which consists in the dissemination of false information damaging the honor, dignity and business reputation of a person and also the dissemination of truthful personal information, the disclosure of which violates the conservation law are listed in the intangible benefits of the citizens”. We analyze the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 no. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”. We conclude that the Supreme Court of the Russian Federation borrowed advanced provisions from the judgments of the European Court of Human Rights.

We present a justified position that the definition of reasonableness (excess) in reimbursement of expenses is included in a wider range of problems associated with reasonableness in civil proceedings – problems of a doctrinal nature. We substantiate the argument that the legal nature of the “reasonable limits” for collecting expenses (especially, the justification for the representation services cost) does not have the effect of “pre-reflection” due to a number of objective reasons. We pay special attention to the necessity for legal mediation of the problem sector (and, in general, interested participation from the state, for example, when the Government of the Russian Federation is included in this process), concerning the justification of the cost of legal services for reimbursement of expenses in civil and arbitration proceedings. We list materials of court practice on reimbursement of expenses for payment of the representative's services, confirming the polarity of positions. We reflect other criteria that affect the justification of legal services cost in the context of the problem under consideration. We attempt to answer the question: what are the limits of such legal mediation of the problem sector: is there no risk of legalization in the narrow sense of this concept (excessive legal regulation)?

In modern conditions of the growth of unlawful acts, the volume of functional load of law enforcement agencies and their insufficiency on the population for effective activity, people’s squads are an interesting and relevant tool for ensuring public security. This study examines the formation and development of this institution, as well as the dawn of this civil association during the Soviet era. Currently, we can see the “rebirth” of this institution. The most problematic issues on the organization and legal status of the squads were resolved in 2014 with the adoption of Federal Law no. 44 “On the participation of citizens in the protection of public order.” One of the main activities of modern squads is the crimes prevention among the population. This activity is quite relevant. The people’s squad institute attaches great importance to ensuring regional security. In particular, there are 24 people’s squads in Tambov region, with a total number of more than 750 people. The people’s squad “Derzhava” effectively implements its activities on the territory of Tambov region. This squad remains a pioneer and leader in this activity in Tambov region.

In the context of the current political situation in the country, the relevance of scientific research is due to its extreme importance, seen through the prism of the theoretical and practical significance of law enforcement activities of the Federal security service at various historical stages, and its provision of national security. The scientific novelty of this work is formed from a complex of analytical characteristics of the Federal Security Service activities and comes down to the fact that it presents the special aspects of the professional work of the Federal Security Service, in addition, a comparative assessment of legal norms is carried out. Due to the democratization of Russian society, significant changes are taking place in the law enforcement agencies system. The constitutional consolidation of human and civil rights and freedoms as basic values determines their supremacy in relation to public law values. We emphasize that the Federal Security Service is the leading central body in the system of executive power, whose activities to ensure national security are built taking into account the fundamental principles of legality, respect, observance of human and civil rights and freedoms, conspiracy, in a combination of overt and covert methods and means. We indicate our own position in understanding the essence and characteristics of national security.