Law

Introduction. Due to the criterion of recoverability, the dot peen marking is widely used as a protective one for such products as, for example, fi rearms or locking and sealing devices. However, in forensics, the possibilities of establishing the commonality of origin of such markings and identifi cation of specifi c equipment have not been investigated. Theoretical analysis. To solve these expert problems, a proven approach was chosen, which consists in studying the constructive and technological properties of dot peen markers as objects of forensic research. Empirical analysis. In the real production cycle of serial sealing devices, markings were made on 20 Pinstamp TMP1700 markings installation. In total, more than 90 products of several model ranges were examined. The main attention was paid to the display of group features of the image program (template); display of individual signs of a particular installation and stability of feature display. Comparative analysis showed that in the marking traces there is a complex of stably displayed group and individual signs of the technological installation. Results. The study of the identifi ed complex of features allows you to establish the production origin of the dot peen marking, the software settings of the template and individualize a specifi c marking installation. 

Introduction. The article touches upon the topical issues of forensic weapon study connected to the necessity for diff erentiating so called non-lethal weapon and law enforcement services special tools as well. Theoretical analysis. The lack of any criteria for group pertaining identifi cation of such articles, devices or substances creates many legal confl icts. These collisions, in their turn, hamper adequate criminal evaluation and regulation of their circulation in civil, military and law enforcement realms and development of the schemes and requirements for measuring the optimality of non-lethal weapon kill eff ects and specifi c qualities of lawenforcement special services tools, which provokes unbiased difficulties in managing certified diagnostic medico-biological tests. Empirical analysis. The category of destruction means, conventionally referred to as non-lethal weapons, should be considered as a classifi cation subgroup in the common system of forensic weapon classifi cation. The determinant features of this category of weapons, that is called “fi rearms of limited destruction” for its fi rearm version, should be the compliance with the forensic defi nition of the weapon as a means specially designed and technically suitable for hitting a living or other target and having no direct purpose in everyday life or production; ensuring the minimum probability of causing permanent damage to health, life, property, and the environment; intended use for temprorary deprivation of the enemy’s manpower of the ability to attack or resist. Result. There is a need for more profound and detailed research into forensic and medico-biological aspects of the circulation of weapons of limited destruction for military and police purposes and for self-defense.

Introduction. The establishment of the possibility of creating federal territories in the Constitution of the Russian Federation and the subsequent adoption of the Federal Law “On the Federal Territory “Sirius” No. 437-FZ of December 22, 2020 make us take a closer look at foreign experience in determining the constitutional legal status, mechanisms of creation and features of functioning of federal territories. Carrying out a comparative analysis will make it possible to predict the prospects for further development of legislation on the creation and identifi cation of the main goals of functioning of federal territories. Theoretical analysis. The review of the types of federal territories and federal districts in the constitutional and legal practice of foreign states allows us to conclude that their creation requires a system of constitutional-legal and socioeconomic prerequisites. The main prerequisites include establishment of the possibility, goals and mechanisms of creation of a federal territory in the Constitution of the state, the defi nition of the spatial and geographical characteristics of the federal territory, as well as the peculiarities of the legal regime of public authority exercised in this territory in the legislation of the state. Empirical analysis. Russia has quite a lot of experience in creating a legal framework for socio-economic, environmental, scientifi c and technological development in individual territories, which was taken into account when creating the Federal Law on Sirius. Results. At present, the main constitutional-legal and socio-economic prerequisites for the creation of new federal territories of Russia have been formed. These prerequisites are of an objective nature and are generally comparable with the experience of foreign countries with the state territorial structure that includes federal territories. The goals of creating federal territories in Russia and foreign countries have their own specifi cs. Abroad, such goals, as a rule, are the special status of the capital, construction of defense structures, environmental protection, and preservation of the specifi cs of the territories where indigenous peoples live. In Russia, the federal territory “Sirius” was created in order to ensure the socio-economic and innovative development of the territory, to increase its investment attractiveness, to preserve the Olympic sports, cultural and natural heritage, to create favorable conditions for identifi cation, self-realization and development of talents, implementation of priorities in scientifi c and technological development of the Russian Federation. In foreign practice, as a rule, the mechanisms for creating federal territories are not used for these purposes, but other socio-economic and organizational-legal instruments are applied.

Introduction. Public-private partnership (PPP) in world practice has established itself as an eff ective tool for interaction between business and government in the implementation of socially signifi cant projects. The state got the opportunity to attract a private investor to solve strategic problems of social development. Information technology (IT) is no exception. In the context of globalization and digitalization of the economy, development of information technology sphere is becoming highly relevant, since it determines the level of information security and development of the country as a whole. Theoretical analysis. The main research method was the analysis of the basic laws governing public-private partnerships in the IT sphere both in Russia and abroad, which made it possible to identify the diff erences in the PPP legislation of diff erent countries. Empirical analysis. The analysis of the legislation of diff erent countries in the fi eld of public-private partners in relation to the IT industry enabled the authors to divide countries into four groups, depending on the characteristics and level of its development. The fi rst group of countries is characterized by the absence of a law on PPP at the state level, application of international legal norms and availability of methodological recommendations in the fi eld of PPP. In the second group, countries have a fundamental law on PPP without specifying the spheres of its application, or a list of spheres has been formed and it includes the IT industry. In the third group, there is a general law on PPP with a list of specifi c areas that does not include the sphere of information technology. The fourth group of countries has no legislation on PPP. Results. The authors identifi ed the problems of legislation in the fi eld of public-private partnership in relation to IT projects. In particular, it was determined that Russian laws in the fi eld of PPP have relatively more specifi city in relation to IT projects than foreign ones. However, this is far from always being good and creates artifi cial restrictions for the development of this mechanism for attracting a private partner to fi nance IT projects that are signifi cant for society. The highlighted shortcomings of the Russian legislation will help to improve effi ciency and controllability of PPP projects in the IT sphere, when eliminated.