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Legal Regulation ensuring Security in the Regions of the Russian Federation bordering Ukraine 确保与乌克兰接壤的俄罗斯联邦地区安全的法律法规
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.38492
Aleksandr Aleksandrovich Ilyushchenko
The subject of the study is the legal norms regulating the basics of protection of the population and territories from emergency situations, including in conditions of armed conflict. The object of the study is the social relations developing in the field of provision of public security in the border territories of the Russian Federation. The relevance of the research topic is due to the combination of legal and practical circumstances. The author examines in detail such aspects of the topic as issues of internal and external security, fire safety and protection of the population and territories from man-made emergencies, civil defense measures and actions to counter terrorism in the regions bordering Ukraine since the beginning of a special military operation on February 24, 2022. The novelty of the research lies in a comprehensive analysis of legal and organizational problems in the event of new threats with the use of weapons in the Russian border regions with the proposed differentiation of individual processes for the protection of the population, which is necessary to build a high-quality and understandable system for ensuring public security on the territory of the Russian Federation. The mechanism of the established interrelations in the system of ensuring defense and security in armed conflicts outside the territory of the Russian Federation to ensure the state of protection of the individual, society and the state in the border regions of Russia is substantiated. It is proposed to comprehend the legal regime through which, in reality, the ordering of both the public security system itself should be achieved in conditions of regular manifestations of hostile military actions, and the components of this system for military security, civil defense, protection of the population and territories from natural and man-made emergencies, fire safety.
这项研究的主题是规范保护人民和领土免受紧急情况,包括武装冲突条件下的基本保护的法律规范。研究的对象是在俄罗斯联邦边境地区提供公共安全领域发展的社会关系。研究课题的相关性是由于法律和实际情况的结合。作者详细研究了自2022年2月24日开始的特殊军事行动以来,该主题的内部和外部安全问题,消防安全和保护人口和领土免受人为紧急情况的影响,民防措施以及与乌克兰接壤地区的反恐行动。该研究的新颖之处在于全面分析了在俄罗斯边境地区发生使用武器的新威胁时的法律和组织问题,并建议区分保护人口的个别程序,这是建立高质量和可理解的系统以确保俄罗斯联邦领土上的公共安全所必需的。确保俄罗斯联邦境外武装冲突中的国防和安全以确保俄罗斯边境地区个人、社会和国家的保护状态的制度中既定的相互关系的机制得到了证实。建议理解这样一种法律制度,在现实中,通过这种制度,在敌对军事行动经常出现的情况下,公共安全系统本身的秩序应该得到实现,这一制度的组成部分包括军事安全、民防、保护人口和领土免受自然和人为紧急情况的影响、消防安全。
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引用次数: 0
Law enforcement activities of subjects of crime prevention 预防犯罪主体的执法活动
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.37368
Irina Vladimirovna Polikarpova, O. V. Zaitseva
The article is devoted to theoretical and applied research of law enforcement activities of subjects of crime prevention. The subject of scientific knowledge are the norms of criminological legislation and subordinate normative legal acts; the practice of implementing these norms by relevant subjects, as well as scientific approaches to theoretical understanding of law enforcement, factors and indicators that allow improving efficiency in the field under consideration. The aim of the work is a comprehensive empirical study of the effectiveness of law enforcement in the field of preventive criminological activity and the development of a specific mechanism for its optimization. The methodological basis of the study was made up of general scientific methods of cognition (logical, system-structural, generalization, analysis, synthesis) and a number of private scientific methods, namely statistical, sociological, nomotetic, based on the author's methodology for calculating qualitative and quantitative indicators of the state of crime and law enforcement activities implemented in the field of crime prevention. The novelty of the work lies in the fact that on the basis of the conducted research, new empirical data were obtained regarding the effectiveness of law enforcement activities of prevention subjects. The results obtained made it possible to identify the reasons for the low productivity of this activity, which should include not only certain contradictions and shortcomings of preventive legislation, but also existing defects in legal implementation techniques, distortions towards formal law enforcement and repressive practices. The main forms and methods of work of subjects of criminological prevention, the level of interaction between various bodies and subjects of crime prevention are analyzed, which made it possible to identify gaps and shortcomings of legal regulation of this activity and to form the main directions for its improvement. The scope of application of the results obtained is the practical activity of the subjects of crime prevention, as well as the conclusions and suggestions obtained can be useful for further improvement of the norms of preventive legislation.
本文致力于预防犯罪主体执法活动的理论与应用研究。科学知识的主体是犯罪学立法规范和从属的规范性法律行为;由有关主体执行这些规范的做法,以及从理论上理解执法的科学方法、能够提高所审议领域效率的因素和指标。这项工作的目的是对预防性犯罪学活动领域的执法效力进行全面的实证研究,并制定一种优化执法效力的具体机制。本研究的方法论基础包括一般科学的认知方法(逻辑、系统结构、概括、分析、综合)和一些私人的科学方法,即统计、社会学、nomotetic方法,这些方法基于作者计算犯罪状况和在预防犯罪领域执行的执法活动的定性和定量指标的方法。这项工作的新颖之处在于,在进行研究的基础上,获得了关于预防主体执法活动有效性的新的经验数据。所取得的结果使我们能够查明这一活动生产力低的原因,其中不仅应包括预防性立法的某些矛盾和缺点,而且还应包括法律执行技术方面的现有缺陷、对正式执法的歪曲和压制性做法。分析了犯罪学预防主体的主要工作形式和方法,以及各主体和预防犯罪主体之间的相互作用程度,从而有可能找出对这一活动的法律规制的差距和不足,并形成改进的主要方向。所得结果的适用范围是预防犯罪主体的实际活动,所得结论和建议可对进一步完善预防立法规范有所裨益。
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引用次数: 0
Some aspects of studying the interaction of pedestrians and drivers of vehicles 研究行人与车辆驾驶员相互作用的一些方面
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.36553
Aleksandr Yur'evich Tarasov, Irina Anatol'evna Tarasova
The object of the research in this article is the social relations developing in the field of pedestrian safety. The subject of the study is statistical data on the state of road safety, methods and results of studies conducted to assess the safety of pedestrian traffic at regulated and unregulated pedestrian crossings. The authors study the results of recent studies of the influence of the nature of pedestrian traffic on the actions of drivers, since these variables reflect behavior ultimately associated with conflicts between vehicles and pedestrians. It was concluded that there is a strong correlation between the behavior of pedestrians and the behavior of the driver.   As the main factors influencing the reduction of the probability of pedestrians passing by drivers, the high speed of traffic flow and the low possible speed of deceleration of vehicles in the flow are indicated. The novelty of the study lies in the fact that the analysis of all the latest methods for assessing pedestrian safety has allowed us to identify a number of problems that need to be solved, first of all, to reduce pedestrian deaths on the roads. In each of the studies presented in the article, different data, variables and methods were used, there was no general approach, which currently does not allow us to clearly identify risk factors and, consequently, common methods that need to be developed and implemented.
本文的研究对象是行人安全领域发展中的社会关系。这项研究的主题是道路安全状况的统计数据,以及为评估受管制和不受管制的人行横道行人交通安全而进行的研究的方法和结果。作者研究了最近关于行人交通性质对驾驶员行为影响的研究结果,因为这些变量反映的行为最终与车辆和行人之间的冲突有关。结果表明,行人的行为与驾驶员的行为之间存在很强的相关性。交通流的高速度和交通流中车辆可能的低减速速度是影响行人被驾驶员通过概率降低的主要因素。这项研究的新颖之处在于,通过分析所有评估行人安全的最新方法,我们发现了一些需要解决的问题,首先是减少行人在道路上的死亡人数。在文章中提出的每一项研究中,使用了不同的数据,变量和方法,没有通用的方法,这目前不能让我们清楚地识别风险因素,因此,需要制定和实施的通用方法。
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引用次数: 0
The concept of the development of Russian legislation in the field of aviation security 俄罗斯在航空安全领域立法发展的构想
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.38391
S. Zajkova
The study of the place of aviation security in the structure of transport security is conditioned by theoretical and practical needs in determining the need to preserve or exclude the existing dual legal regulation of legal relations by the norms of Russian air legislation and legislation in the field of transport security. Currently, the legal norms regulating: the definition of organizations authorized to protect air transport; the definition of requirements for the protection of air transport, including inspection measures; certification and training of specialists (personnel) directly performing functions in the field of aviation security are duplicated. Based on the comparison of concepts, content and principles of transport and aviation security, the general and special features in their legal regulation as a whole and private are revealed. The purpose of the study was an attempt to define the concept of development of Russian legislation in the field of aviation security from acts of unlawful interference, taking into account the draft law "On Amendments to the Federal Law "On Transport Security" and Certain Legislative Acts of the Russian Federation" developed by the Ministry of Transport of the Russian Federation.    The analysis made it possible to draw conclusions that the draft law proposed by the Ministry of Transport of Russia radically changes the state approach to regulating legal relations in the field of aviation security. It seems necessary to conduct additional discussions and assess the regulatory impact of the proposed draft law on the possibility of developing the Russian aviation business in the conditions of abandonment of the federal aviation security system. Based on the analysis, the author's concepts of "aviation security" and "act of unlawful interference" are proposed, the necessity of making appropriate amendments to Article 83 of the Air Code of the Russian Federation is substantiated. The scientific novelty of the study lies in the fact that an industry approach is proposed in the public administration of the legal relations under consideration, taking into account the specifics of air transport and a significant amount of international law on the protection of aviation.
对航空安全在运输安全结构中的地位的研究取决于理论和实际需要,以确定是否需要根据俄罗斯航空立法和运输安全领域立法的规范保留或排除现有的对法律关系的双重法律规定。目前,规范的法律规范有:对授权保护航空运输的组织的定义;确定保护航空运输的要求,包括检查措施;对在航空安全领域直接执行职务的专家(人员)的核证和培训是重复的。通过对运输安全与航空安全的概念、内容和原则的比较,揭示了运输安全与航空安全法律规制的共性和特殊性。这项研究的目的是考虑到俄罗斯联邦运输部制定的“关于修订联邦“运输安全”法和俄罗斯联邦某些立法法案”的法律草案,试图界定俄罗斯在航空安全领域的立法发展的概念,使其不受非法干涉行为的影响。通过分析可以得出结论,俄罗斯运输部提出的法律草案从根本上改变了国家在管理航空安全领域法律关系方面的做法。似乎有必要进行进一步的讨论,并评估拟议的法律草案对在放弃联邦航空安全制度的情况下发展俄罗斯航空业务的可能性的管制影响。在此基础上,提出了“航空安全”和“非法干涉行为”的概念,论证了对俄罗斯联邦《航空法》第83条进行适当修改的必要性。这项研究在科学上的新颖之处在于,在考虑到航空运输的具体情况和关于保护航空的大量国际法的情况下,在所审议的法律关系的公共行政中提出了一种工业办法。
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引用次数: 0
Identification of the possible negative impact of the drilling reagent brucit on workers involved in the construction of wells 确定钻井试剂对参与建井的工人可能产生的负面影响
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.35732
K. B. Tagirova, V. Barakhnina
In the technological processes of the construction of oil and gas wells, a variety of general-purpose inorganic chemicals are used. The ingress of these reagents into the body of drilling workers together with inhaled air, food intake, through the pores and mucous membrane is currently not sufficiently studied. The work investigated the effect of the drilling reagent brucit on the lung tissue of rats. During inhalation administration of brucite to rats, dystrophic processes were noted in their lungs, which were accompanied by the development of chronic inflammation, acute macrophage reaction. Morphometric analysis also showed a significant decrease in the area of the alveolar space and the area of the bronchus of medium caliber. In the lungs, the formation of many airless areas alternating with emphysematous-altered, the severity of which increased with the duration of exposure to the drilling reagent.           Scientific novelty: In the work, the early unexplored effect of the drilling reagent brucit on the lung tissue of rats was determined. The categories of workers exposed to brucite at all stages of production are determined.For the first time, morphological features of the lungs in rats were determined against the background of inhaled administration of brucite particles. Based on the results of the study, the toxicological characteristics of the drilling reagent brucit are given. Research results:Brucite particles present in the air, when inhaled, passed through the nose, trachea, bronchi and reached the alveoli of non-linearalbinorats rats. Obviously, part of the administered dose was excreted by the body with excrement and mucus, and the other part was absorbed and then distributed to organs and tissues. A control section of a medium-caliber bronchus is shown in Figure 2. 14 days after the introduction of brucite particles, changes in lung tissue can be seen on microphotographs of the histological section. Focal fullness of the capillaries of the interalveolar septa is revealed. The changes registered on the 14th day after the introduction of brucite particles are shown in Figure 3.
在油气井施工的工艺过程中,使用多种通用无机盐。这些试剂与吸入的空气、食物以及通过毛孔和粘膜一起进入钻井工人的体内,目前还没有充分的研究。本研究考察了钻孔试剂brucit对大鼠肺组织的影响。吸入水镁石后,大鼠肺部出现营养不良,并伴有慢性炎症、急性巨噬细胞反应。形态计量学分析也显示肺泡空间面积和中口径支气管面积明显减少。在肺部,许多无空气区域的形成与肺气肿交替发生改变,其严重程度随着暴露于钻孔试剂的时间延长而增加。科学新颖性:在工作中,确定了钻孔试剂brucit对大鼠肺组织的早期未被探索的作用。确定了在生产的各个阶段接触水镁石的工人类别。首次在吸入水镁石颗粒的背景下,测定了大鼠肺的形态学特征。在研究结果的基础上,给出了钻孔试剂brucit的毒理学特性。研究结果:空气中存在的水镁石颗粒被吸入后,经鼻、气管、支气管进入非线性白化大鼠肺泡。显然,给药剂量的一部分随粪便和粘液排出体外,另一部分被吸收后分布到器官和组织中。中等口径支气管的对照切片如图2所示。引入水镁石颗粒14天后,显微组织学切片上可见肺组织的变化。可见肺泡间隔毛细血管局灶性充盈。引入水镁石颗粒后第14天的变化如图3所示。
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引用次数: 0
Identification of cyberbullying by neural network methods 基于神经网络方法的网络欺凌识别
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.38488
Ekaterina Sergeevna Momentum, Andrei Viktorovich Filimonov, A. V. Osipov, S. T. Gataullin
The authors consider in detail the identification of cyberbullying, which is carried out by fraudsters with the illegal use of the victim's personal data. Basically, the source of this information is social networks, e-mails. The use of social networks in society is growing exponentially on a daily basis. The use of social networks, in addition to numerous advantages, also has a negative character, namely, users face numerous cyber threats. Such threats include the use of personal data for criminal purposes, cyberbullying, cybercrime, phishing and cyberbullying. In this article, we will focus on the task of identifying trolls. Identifying trolls on social networks is a difficult task because they are dynamic in nature and are collected in several billion records. One of the possible solutions to identify trolls is the use of machine learning algorithms. The main contribution of the authors to the study of the topic is the use of the method of identifying trolls in social networks, which is based on the analysis of the emotional state of network users and behavioral activity. In this article, in order to identify trolls, users are grouped together, this association is carried out by identifying a similar way of communication. The distribution of users is carried out automatically through the use of a special type of neural networks, namely self-organizing Kohonen maps. The group number is also determined automatically. To determine the characteristics of users, on the basis of which the distribution into groups takes place, the number of comments, the average length of the comment and the indicator responsible for the emotional state of the user are used.
作者详细考虑了网络欺凌的识别,这是由欺诈者非法使用受害者的个人数据进行的。基本上,这些信息的来源是社交网络,电子邮件。社交网络在社会中的使用每天都呈指数级增长。使用社交网络,除了众多的优势,也有一个负面的特点,即用户面临众多的网络威胁。此类威胁包括将个人数据用于犯罪目的、网络欺凌、网络犯罪、网络钓鱼和网络欺凌。在本文中,我们将重点关注识别喷子的任务。识别社交网络上的喷子是一项艰巨的任务,因为它们本质上是动态的,并且收集了数十亿条记录。识别巨魔的一个可能的解决方案是使用机器学习算法。作者对该主题研究的主要贡献是使用了识别社交网络中的喷子的方法,该方法基于对网络用户的情绪状态和行为活动的分析。在本文中,为了识别喷子,将用户分组在一起,这种关联是通过识别类似的通信方式来实现的。用户的分布是通过使用一种特殊类型的神经网络自动进行的,即自组织Kohonen地图。群组号码也会自动确定。为了确定用户的特征,在此基础上进行分组分布,使用了评论数,评论的平均长度和负责用户情绪状态的指标。
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引用次数: 0
National security in the light of the organic theory of the State 国家有机论视野下的国家安全
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.38550
A. I. Melikhov
The article examines the phenomenon of national security through the prism of the organic theory of state and law. According to the author, national security is a projection of a person's vital needs for self-preservation, self-maintenance and self-reproduction of the multinational people of Russia. The novelty of this statement lies in the expansion of the traditional approach to the concept of security by the needs of self-maintenance and self-reproduction. The object of ensuring national security is the multinational people of the Russian Federation, which currently exists in the form of an individual, society and the state, in the past as a national history, culture, values, in the future - as a steadily developing independent subject of international relations. The main role of the national security is to find an optimal compromise between the interests of ensuring the security of the currently existing individuals, society and the state for the purpose of self-preservation, self-maintenance and self-reproduction of the multinational people of the Russian Federation in the past, present and future. The multinational people of the Russian Federation were formed as a result of the cultural and biological evolution of people with an optimal balance of altruistic and selfish behavior. Preserving and multiplying the population of people with these innate and acquired properties, as well as maintaining proportions between population groups with different ideological attitudes to perform a wide range of tasks is one of the first tasks of ensuring national security, normatively expressed as saving the people of the Russian Federation. The emergence of the institute of national security in law is connected with the need to harmonize the legal virtuality created over the past 30 years with human nature and objective geopolitical reality. The appeal to the institute of national security will lead to the creation of a national order, as enshrined in law, perceived by all and implemented in the present optimal algorithm of behavior of the individual, society and the state, ensuring the preservation of the past and sustainable development in the future of the multinational people of the Russian Federation.
本文从国家与法的有机理论的角度审视国家安全现象。作者认为,国家安全是一个人对俄罗斯多民族的自我保护、自我维持和自我繁殖的重要需要的投射。这一说法的新颖之处在于,它通过自我维持和自我繁殖的需要扩大了对安全概念的传统看法。确保国家安全的目标是俄罗斯联邦的多民族人民,他们目前以个人、社会和国家的形式存在,过去是作为民族历史、文化、价值观存在的,将来是作为国际关系中不断发展的独立主体存在的。国家安全的主要作用是在确保目前存在的个人、社会和国家的安全的利益之间找到最佳的折衷办法,以便使俄罗斯联邦的多民族人民在过去、现在和将来能够自我保存、自我维持和自我再生产。俄罗斯联邦的多民族民族是人们在利他和自私行为之间达到最佳平衡的文化和生物进化的结果。保存和增加拥有这些先天和后天财产的人口,以及保持具有不同意识形态态度的人口群体之间的比例,以执行广泛的任务,这是确保国家安全的首要任务之一,规范地说,就是拯救俄罗斯联邦人民。法律中国家安全研究所的出现与协调过去30年来创造的法律虚拟性与人性和客观地缘政治现实的需要有关。对建立国家安全的呼吁将导致建立一种载入法律的国家秩序,这种秩序为所有人所认识,并以目前个人、社会和国家行为的最佳算法来执行,从而确保俄罗斯联邦多民族人民的过去和未来的可持续发展得以保存。
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引用次数: 0
Ethical Regulation of Artificial Intelligence as a Factor of Information Security: the Experience of Thailand 人工智能作为信息安全因素的伦理监管:泰国的经验
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.38626
E. Gorian
The object of the study is the relations in the field of ethical regulation of the use of artificial intelligence technologies. The subject of the study is represented by the regulatory documents of Thailand, which establish prescriptions for the design, development, research, training, deployment and application of artificial intelligence technologies. The features of the Thai approach to the regulation of relations in this area are highlighted. The subjects involved in the regulatory mechanism of artificial intelligence are determined. The ethical requirements for the use of artificial intelligence technologies in relation to certain categories of subjects are investigated. The interrelation of ethical regulation of artificial intelligence technologies and security in the information space is traced. The national model of ethical regulation of artificial intelligence is characterized. Thailand implements a state-centrist model of ethical regulation of artificial intelligence, in which the state defines the basic ethical principles of artificial intelligence and regulates in detail the activities of public and private sector entities on each of these principles. A feature of the Thai model is the emphasis on the importance of training and advanced training of civil servants who are able to use digital technologies in management processes and effectively implement ethical principles in the course of performing their functions. Thailand has included artificial intelligence users in the circle of subjects responsible for the implementation of ethical requirements, as active participants in regulatory processes that can quickly influence the content of algorithms by providing the necessary information to artificial intelligence operators. The Thai model is designed to educate not a passive, but an active user of digital technologies, who is encouraged to raise awareness and improve skills in their use, which leads to strengthening the legal status of users with the help of "soft law" tools. Thailand's implementation of its model of ethical regulation of artificial intelligence will have a positive impact on ensuring information security.
本研究的对象是人工智能技术使用在伦理监管领域的关系。研究的主题以泰国的监管文件为代表,这些文件为人工智能技术的设计、开发、研究、培训、部署和应用制定了处方。强调了泰国处理这一领域关系的办法的特点。确定了人工智能调控机制所涉及的主体。研究了与某些类别的主题有关的使用人工智能技术的伦理要求。对人工智能技术的伦理监管与信息空间安全的相互关系进行了追踪。人工智能伦理规制的国家模式具有一定的特征。泰国实施了以国家为中心的人工智能伦理监管模式,其中国家定义了人工智能的基本伦理原则,并详细规范了公共和私营部门实体在这些原则上的活动。泰国模式的一个特点是强调对公务员进行培训和高级培训的重要性,使他们能够在管理过程中使用数字技术,并在履行职能的过程中有效地实施道德原则。泰国已将人工智能用户纳入负责执行道德要求的主体范围,作为监管进程的积极参与者,通过向人工智能运营商提供必要的信息,可以迅速影响算法的内容。泰国模式旨在教育数位科技的主动使用者,而非被动使用者,鼓励他们提高意识并改善使用技能,借助“软法律”工具,强化使用者的法律地位。泰国实施其人工智能伦理监管模式,将对确保信息安全产生积极影响。
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引用次数: 0
Corruption in the allocation of resources in a static model of a combination of general and private interests 腐败在公共利益和私人利益相结合的静态模型中分配资源
Pub Date : 2022-03-01 DOI: 10.25136/2409-7543.2022.3.33477
O. Gorbaneva
The article is devoted to the study of corruption in the previously studied static model of the combination of common and private interests (SOCHI model) of several agents, namely, corruption in the allocation of resources. The upper level – the principal – allocates resources to the elements of the lower level - agents - so that the latter distribute them between their general and their private interests. The middle level - the supervisor representing the interests of the top level - underestimates the amount of resources allocated to the agent, which he can increase by a certain amount, but no more than to the level initially set by the principal. A three-level hierarchical tree system is formed. This article examines a three-level hierarchical system in which the supervisor uses an economic corruption mechanism in the allocation of resources. Two approaches are used in the study of this mechanism: descriptive and optimization. The descriptive approach assumes that the functions of bribery in question are known. The optimization approach involves the use of Hermeyer's theorem. The influence of corruption in the allocation of resources on system consistency in the SOCHI model is investigated: it is proved that corruption in the allocation of resources can only reduce consistency in the SOCHI model. It is proved that economic corruption is always beneficial for agents, but it turns out to be manipulative for a supervisor. The only way to fight corruption in the allocation of resources has been found.
本文致力于研究先前研究过的几种主体共同利益与私人利益结合的静态模型(SOCHI模型)中的腐败问题,即资源配置中的腐败问题。上层——委托人——将资源分配给下层——代理人——以便后者在他们的公共利益和私人利益之间进行分配。中间层——代表上层利益的监管者——低估了分配给代理人的资源数量,他可以增加一定数量的资源,但不能超过委托人最初设定的数量。形成了一个三层层次的树状系统。本文考察了一个三层层级体系,其中管理者在资源配置中使用了一种经济腐败机制。在这一机制的研究中使用了两种方法:描述和优化。描述性方法假设所讨论的贿赂的功能是已知的。优化方法涉及到赫迈耶定理的使用。研究了索契模型中资源配置中的腐败对系统一致性的影响:证明了资源配置中的腐败只会降低索契模型中的一致性。事实证明,经济腐败对代理人总是有利的,但对监督者却是有利的。在资源分配方面打击腐败的唯一途径已经找到。
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引用次数: 0
Jealousy and revenge as accompanying elements of the motivation of a murder committed in a state of passion 嫉妒和报复是在激情状态下杀人动机的伴随因素
Pub Date : 2022-02-01 DOI: 10.25136/2409-7543.2022.2.38257
A. Sergeeva
The subject of the study is the norms of the current criminal legislation establishing responsibility for the commission of murders, the specifics of the motivation of criminal encroachment by feelings of jealousy and revenge, the principles of distinguishing the subjective side of murders committed as a result of a quarrel or in the presence of personal hostility, and murders committed in a state of passion. On the basis of a combination of general scientific and private scientific methods, the author revealed the ratio of jealousy and revenge in the structure of motivation for murders, revealed the peculiarities of the emergence of affected intent. At the same time, the results of studying the materials of criminal cases were used, on the basis of which the conflicting rules of qualification of attacks on life were revealed. The scientific novelty of the conducted research consists in refuting the established stereotype regarding the exclusively provocative role of the victim in the formation of intent to murder, qualified under Article 107 of the Criminal Code of the Russian Federation. The author proves that not only the behavior of the victim, but also the emotional sphere, reflected in the consciousness of the guilty and characterized by the parameters of jealousy or revenge, forms an affected intent. The author's conclusions have scientific novelty in terms of distinguishing situations in which the motive of jealousy and the motive of revenge acquire a dominant meaning in the structure of intent, but it can be both spontaneous and premeditated.
本研究的主题是现行刑事立法的规范,确定谋杀的责任,嫉妒和报复的犯罪侵犯动机的具体情况,区分因争吵或存在个人敌意而实施的谋杀的主观方面的原则,以及在激情状态下实施的谋杀。在综合运用一般科学与私人科学方法的基础上,揭示了嫉妒与报复在谋杀动机结构中的比例关系,揭示了影响意图出现的特殊性。同时,运用刑事案件材料的研究结果,在此基础上揭示了人身攻击资格的冲突规则。所进行的研究在科学上的新颖性在于驳斥了关于受害者在形成谋杀意图方面的完全挑衅性作用的既定刻板印象,这是俄罗斯联邦刑法第107条所规定的。作者证明,不仅是受害者的行为,在犯罪意识中反映出来的以嫉妒或报复为特征的情感领域也形成了一种影响意图。作者的结论在区分嫉妒动机和报复动机在意图结构中占据主导地位的情况方面具有科学的新颖性,但它既可以是自发的,也可以是有预谋的。
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引用次数: 1
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Вопросы безопасности
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