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Russian Journal of Economics and Law

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Vol 10, No 2 (2016)

THEORY OF ECONOMICS

5-21 272
Abstract
Objective: to study the issues of anthropocene formation as a scientific concept. Methods: dialectical method of cognition, detailization, logical generalization. Results: the concepts of ES (ecosystem, ecosystem services), environmental Economics are viewed. Strengths and weaknesses were analyzed of the concept of "Ecosystem Services". The model of socio-economic metabolism (SEM) was proposed. In addition, the anthropocene is considered in the work as a socio-cultural phenomenon. The authors concluded that in such scientific fields as climate research (adaptation to climate change), political ecology, studies of technology and science (STS) and others, where the subject of the study includes social constructs, the concepts of nature and societies are complex and are reproduced as hybrid eco-socioeconomic cultures. This idea implies a call for transdisciplinarity. Scientific novelty: anthropocene is presented as a normative scientific concept that could give hope for favorable prospects of human development. Practical significance: the provision of social request for prescriptive directions, assisting in the "recovery" of the planetary system, and approaches to the development of the anthropocene science in a normative way.
22-37 272
Abstract
Objective: to analyze the dependence of world-building (oico-nomics) on the formation of the European worldview, to comprehend the role of elites and social mentality in the world-building process and in relation to the formation of the Russian reality and its current state. Methods: an integrated approach to the analysis determined the range of specific research methods: systemic and value analysis from the standpoint of geo-economics, geo-culture and geo-anthropology, hermeneutic comparative analysis, philosophical reasoning. Results: the paper substantiates the critical role of elites and knowledge systems in the genesis of the complicated organization of the society; the features of world-building practices in Catholic, Protestant, Orthodox mentality are defined; the role of geo-economics as a relevant concept for the analysis of global processes, and Russian reality, is highlighted. Scientific novelty: the article considers the specifics of Russia's destiny as a continental geo-economic space, introduces into scientific circulation the concept of geoanthropology to determine the role of anthropological factor in the totality of processes and situations that arise in the allocation and reallocation of human resources on the planet with regard to their quality characteristics. Practical significance: the main provisions and conclusions of the research are relevant to the scientific research and pedagogical work, as well as for the development of the methodology of the Social Sciences and Humanities. It is of interest when considering the prospects of Russia's development in the challenging circumstances of the 21 century.

ECONOMICS AND NATIONAL ECONOMY MANAGEMENT

38-58 312
Abstract
Objective: to identify the causes and consequences of the increasing stratification of higher educational institutions by the volumes and sources of financing, as well as by the areas of training. Methods: during the research we used methods of statistical and economic analysis of the results of the universities’ activities. Using econometric models, the relationships were estimated of the resource base of higher education, industrial and economic potential of Russian regions; an empirical analysis of factors influencing the increasing public demand for higher education was conducted. Results: the trends of structural changes in the demand for higher education in Russia during the period from 2001 to 2014 were described, the regional differentiation of financial provision of higher educational institutions in the transition to effective contract work was evaluated. The major risks were identified, associated with: the structural mismatch of the demand for higher education from families and the offer of admission quotas for the budget-funded education; with increasing regional differentiation, which provokes the separation of the Russian universities by the volumes and sources of financial provision; with high commitments to increase the salaries of the teaching staff leading to a shortage of funds for maintenance of the property complex and ensuring of the educational process, which jeopardizes the quality of educational programs’ implementation. Scientific novelty: basing on the empirical analysis using econometric models, the tendencies are identified of structural changes in the demand for higher education in the Russian regions; the impact is assessed of the economic crisis and the payable demand of families on the financial provision of universities; risks are identified and justified in the differentiation of Russian universities’ financing. Practical significance: the main provisions and conclusions of the article can be used by experts in the field of Economics and Management in designing financial provision and development strategies of higher educational organizations.
59-67 219
Abstract
Objective: to disclose and justify transaction costs of controlling activities of the territorial taxation bodies and their impact on tax control under the need for effective functioning and optimal decision making with a view of reducing the state expenditures on tax control. Methods: general scientific (synthesis, deduction, induction, generalization, testing, interviewing, observation, forecasting, scientific abstraction, statistical analysis, logic) and methods of grouping and classification, expert assessment. Results: the analysis and grouping of transaction costs of controlling activities of the territorial taxation bodies have been carried out. It was found that the most time- and resource consuming are on-site tax inspections. The factors that have a significant impact on the efficiency of tax control were revealed. It is proved that the release of material and time resources contributes to the transformation of the tax bodies. Scientific novelty: the main problem of implementation of the on-site tax control is its costs. The existing studies do not give a systematic list of tax control costs of the territorial tax bodies in general and transaction costs of tax control in particular. The author shows that the reduction of transaction costs as factors of influence on the tax control will free up the working time of the inspectors and will bring economic benefits, and also will allow to consolidate territorial tax bodies and change the status of a tax inspector. Practical significance: reducing the cost of tax control is becoming increasingly important in terms of saving financial resources of the state.
68-79 292
Abstract
Objective: to consider the alternative additional sources of income of the state budget in the framework of the action plan of the Russian government to provide socio-economic stability of the country in 2016. Methods: comparative and dynamic analysis, classification and typology, description and measurements, including using the tools of institutional Economics, the data were interpreted using tables. Results: it is shown, that due to the lack of financial resources, the government has to make unpopular decisions that reduce the level of social support of the population for the near future. The adopted laws stipulating the principles of address character and needs when providing regional measures of social support, increase the risks of poverty and inequality. The analysis has been made of the ranking position of Russia and member countries of the Organization for Economic Cooperation and Development in terms of GDP per capita, human development index, and quality of life index. The article grounds the need for institutional change to facilitate transition to progressive taxation and redistribution of the tax burden from the poor and middle classes to the super rich. The flat personal income tax rate has not led to the desired results of growing tax revenues in the budget. Russia is still among the top ten states with the largest tax evasion losses. The weak redistributive mechanisms, including a flat scale of personal income tax, regressive social security contributions and low property taxes lead to stagnation, inequality, underfunding of education and health. Scientific novelty: the article grounded the necessity to introduce elements of progressive taxation in the system of income and property taxes in order to financially provide the needs of the budget sphere while the budget inflow is being reduced. The novelty is in the complex and detailed estimation of institutional problems of the modern taxation system and their influence on the budget possibilities of Russia and its regions. The estimation is carried out from the viewpoint of the influence of taxation policy on the living standards and social inequality, which is based on comparison in the global aspect.. Practical significance: the proposed measures on transition to a progressive scale of personal income tax, property and land taxes, increase of taxes on luxury goods consumption, with simultaneous action on de-offshorization of income can increase tax revenues in budgets of various levels, and will contribute to the achievement of social justice in taxation.
80-92 329
Abstract

Objective: to identify patterns of monopolistic competition as applied to markets of household appliances, consumer loans and insurance products in Russia. Methods: econometric modeling, trending, regression analysis, analysis of statistical significance. Results: the statistical analysis of trends in the market of household appliances, insurance and credit markets has been carried out; the statistical significance and adequacy of the models has been assessed; adequate and accurate regression models of price trends of household appliances and electronics have been developed, as well as of the interest rates of consumer loans and insurance rates for loan debts. Scientific novelty: the actual patterns of decreasing demand curves for household appliances, consumer loans and insurance products were found for the relevant markets in the Russian Federation in 2009-2014. Practical significance: the model can be used for solving problems of optimal planning strategies of retailers, insurers and banks.

93-101 304
Abstract

RETRACTION:

Date of retraction: 13.03.2017
Reason for retraction: Duplicate publication in several editions
Additional information about the causes of retraction:

The article “MODEL OF ANALYSIS AND PREDICTING THE DYNAMICS OF INDUSTRIAL PRODUCTION AND SPACE-ROCKET SECTOR IN THE RUSSIAN FEDERATION”, written by Dmitriy Yuryevich Ivanov, Doctor of Economics, Head of the Department “Production organization”, Samara State Aerospace University named after Academician S.P. Korolev (National Research University), is a publication containing inappropriate borrowing. The data from the open databases allowed the Editorial Board of the “Actual problems of Economics and Law” Journal to reveal the violation of the publishing ethics. The article by V.M. Duplyakin, containing essentially identical data and conclusions, had been published in another journal: “Bulletin of Samara State University”, Issue 9 (2) / 2015. (http://elibrary.ru/item.asp?id=25478717) under the title “ASYNCHRONOUS HARMONIC ANALYSIS OF THE DYNAMICS OF INDUSTRIAL PRODUCTION AND SPACE-ROCKET INDUSTRY IN THE RUSSIAN FEDERATION”.

The article by D. Yu. Ivanov MODEL OF ANALYSIS AND PREDICTING THE DYNAMICS OF INDUSTRIAL PRODUCTION AND SPACE-ROCKET SECTOR IN THE RUSSIAN FEDERATION”, published in the scientific Journal “Actual problems of Economics and Law” 2016 Vol.10, No. 2, P.93–101 is withdrawn with the consent of the author, the Editor in Chief and the Publisher.

The Editorial Board of the Journal, when publishing scientific research materials, bases its performance on the rules of publication ethics observed by the Editorial Board members, reviewers and authors. According to these rules, the author shall guarantee that the article is published for the first time and was not previously published or submitted to another journal. The Editorial Board performed an internal investigation. The Editor-in-Chief and the Publisher made a decision to retract the article from elibrary.ru and the Journal website.

102-112 325
Abstract
Objective: to identify the negative factors affecting the development of the Russian automobile market. Methods: systemic approach, generalization and comparison of results, method of induction. The findings are based on the research results and observations obtained with the comparative-historical, dialectical-synthetic and abstract-logical methods. Results: basing on data of the International organization of motor vehicle manufacturers (OICA), the rate of vehicles overproduction worldwide was determined; the analysis of motorization index in various countries allowed to form the forecast for the development of automotive fleet in Russia; basing on the analysis of macroeconomic data, the main factors influencing the development of the Russian automobile market were determined. Scientific novelty: the regularities of dynamics of development of the global and Russian automobile markets were revealed. The factors influencing the Russian car market were identified. Practical significance: the Russian car manufacturers can use information about the development of the global and Russian automobile markets to create plans for their activities.
113-123 271
Abstract
Objective: to prove the necessity of timely disclosure of information on corporate sustainability at the present stage of society development for evaluation of the results of its functioning by stakeholders. Methods: monographic, analysis and synthesis, comparison, grouping, detailization and summarizing, historical and logical analysis. Results: the aspects of performance reporting are studied; the basic international and national documents regulating the aspects of reporting information on the sustainable development the company are viewed; principles of reporting are listed; stages of reporting on the company sustainable development are described. According to the authors, the company reports must include information on the following indicators: indicators controlled by the company should be reflected in the performance indicators; indicators with a larger share of the company's influence should correlate with information about the approaches to its management; the descriptive material should include the indicators which are not under the control or significant influence of the company, but which may be associated with key issues due to the significance of the impact of these units. The report should cover all institutional units. Indicators of economic efficiency in the analysis of sustainable development differ from traditional financial ratios, calculated on the basis of its accounting (financial) reports. The main purpose of the development and analysis of indicators of economic performance is to reflect the company's direct or indirect impact on stakeholder interests. Scientific novelty: extension of conceptual approaches to the formation of and reporting on the company's sustainable development to the stakeholders. Practical significance: provides a more complete, balanced and accurate information about the company's activities to stakeholders, that builds its business reputation.
124-139 323
Abstract
Objective: to determine the impact of structural disproportions on the level of economic security of the national economy. Methods: comparison, generalization, observation, systemic analysis, data grouping, theoretical cognition, the method of analogy and historical method. Results: basing on the analysis of scientific economic literature and statistical data, the historical background is revealed of the emergence of structural disproportions in the Russian economy, the origins of which had been laid long before the formation of the USSR and tended to strengthen during the Soviet period, and later during the period of transformation processes that swept the country at the turn of XX-XXI centuries; the influence of structural disproportions on the security of the Russian economy was described, which can be interpreted as a threat, characterized by a complete de-industrialization of the economy, reduction of innovation development, degradation of economic base and scientific potential, increasing dependence on vital consumer and industrial goods; there is a need to change the vector of socio-economic development of Russia and form a new model of structural modernization. Scientific novelty: for the first time on the basis of the presented methods, the article studies the impact of structural disproportions on the level of economic security of the national economy. Practical significance: the main provisions and conclusions of the article can be used in scientific and teaching activities in addressing issues of economic security of the national economy.
140-149 304
Abstract
Objective: to investigate the potential of Social Media Marketing as a tool for promoting regional investment portals in the information environment, to identify the most effective ways of its implementation and to determine the level of mastering of this tool by the Russian regions. Methods: general scientific methods (observation, comparison, analysis, induction, deduction, analogy, classification). Results: the analysis showed that today Social Media Marketing is an essential tool for interaction with the investment community and one of the most effective ways to promote the regional portal, which allows to increase the knowledge of and loyalty to the brand, to increase the targeted website traffic, to increase the awareness of investors about the specific features of the portal and the regional development agencies’ functioning, to promptly receive information about the investment environment and to establish contacts with investors. At the same time, the study of SMM-activity in the Russian regions revealed a very low level of quality of communication with investors through social networks. Scientific novelty: for the first time the article investigates the significance and makes the comparative analysis of the Social Media Marketing channels with regard to investment promotion agencies, as well as the results of the regional structures functioning for effective communication through social networks. Practical significance: the main results of the research can be used by the regional investment agencies in order to promote their websites, increase the quality of communication with investors and promote the investment attractiveness of the region as a whole.

THEORY AND HISTORY OF LAW AND STATE

150-157 253
Abstract
Objective: to develop conceptual theoretical and legal provisions and scientific recommendations on the identification, analysis and elimination of risk. Methods: universal dialectic method of cognition, as well as scientific and private research methods based on it. Results: the system was researched of risks diagnostics in the legal sphere and mechanism of influencing the "risk situations" and their consequences (damage to the environment and harm to society). The concept of risk in the legal sphere was formulated; the author's classification of risks in the legal sphere is presented. The rules of analysis, evaluation and prevention of risks and the model risk management framework are elaborated. Scientific novelty: the mechanism for the identification, analysis and elimination of risk has been developed and introduced into scientific circulation; the author has proposed the classification and types of risks, the reasons and the conditions promoting the risk occurrence. Practical significance: the provisions and conclusions of the article can be used in the scientific, law-making and law-enforcement activity, as well as in the educational process of higher educational establishments.
158-169 255
Abstract
Objective: to develop conceptual-theoretical provisions and scientific recommendations for the implementation of judiciary decisions in the legislation of the Russian Federation. Methods: universal dialectic method of cognition, as well as the general scientific and private research methods based on it. Results: the necessity to analyze the fundamental (precedent) judicial decisions for the possible implementation of the legal positions of courts into legislative acts. The problem is not confined to the perception of provisions created by the constitutional (charter) courts. The paper shows the main directions of future activities on the implementation idea. The operation of the Department is shown, which was created at the Institute for Legislation and Comparative Law at the Government of the Russian Federation, entrusted with the relevant functions. Scientific novelty: the mechanism of implementation of judiciary decisions in the Russian legislation has been developed and introduced into scientific circulation. Practical significance: the findings of this paper can be used in scientific, legislative and law-enforcement activities, and the educational process of institutions of higher education.

TAX LAW

170-185 276
Abstract
Objective: to determine the characteristics of the destructive impact of VAT taxation on the socio-economic situation of the Russian Federation. Methods: the research is based on the complex economic and legal methodology, including the institutional approach, with the account of the national socio-economic and legal realities determining the conditions of functioning of branches and particular enterprises in the Russian economy. Results: the conditions and characteristics of the introduction of VAT in the Russian Federation are viewed; the reasons are revealed for the formation and development of the problem-causing VAT in the domestic tax system; the socio-economic implications of VAT are analyzed; the viability of replacing VAT for a turnover tax is demonstrated. Scientific novelty: for the first time the conceptual position is articulated that, under the realities of the reformed Russian economy, the normative-legal outline of the VAT complements the accumulated destructive potential, blocking the way to the industrial growth in the national economy, enhances the asymmetry of conditions of different forms of ownership, while the actual conditions of the transition period in Russia do not correspond to the main idea and purpose of VAT as an institution aimed at the efficient relocation of a significant part of the newly created value added to the social sectors and at the modernizing effect on the productive forces for technological improvement in industry. Practical significance: the provisions and conclusions of the article can be used when discussing issues on the need for the VAT reform in the Russian Federation, including switching to the turnover tax.

CONSTITUTIONAL LAW

186-191 377
Abstract
Objective: to determine the nature of advocacy in terms of the interests of society and the state. Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in the context of the totality of objective and subjective factors, determined the use of research methods such as systematic, comparative-legal and formal-logical. Results: it is shown that, taking into account the implementation of public interests, advocacy promotes the administration of justice within the frameworks of the legal assistance, guaranteed by the Constitution of the Russian Federation. However, the public interest, embodied in the human rights nature of the legal profession and ensuring the adversarial nature of the judicial process, does not allow to consider advocacy solely the civil society institution. The conclusion is made about the narrowness of interpretation of the advocacy status as the institution of civil society in the Federal Law No 63-FZ "On advocacy activity and advocacy in Russian Federation" of 31.05.2002. The concept of advocacy is proposed, not so much as an institution of civil society, but as an important public institution, participating in implementation of public interests, thus promoting the administration of justice and thereby participating in the formation of the system of checks and balances in relations between the state and the civil society in Russia. Scientific novelty: in the Russian scientific literature, the study of advocacy as an institution of civil society is not addressed adequately. In this article the author attempts to comprehend the possibility of considering the advocacy to be a civil society institution in the light of implementation of public interests. Practical significance: the main provisions and conclusions of the article can be used in scientific and pedagogical activity in studying of institutions of civil society in Russia in general and advocacy in particular.

CIVIL LAW

192-216 240
Abstract
Objective: to study the procedure of exiting the contract, its costs and benefits. Methods: statistical method, comparative analysis. Results: free exit from contract is one of the most powerful tools for the consumer rights protection. The procedure frees consumers from bad deals and keeps businesses honest. Yet consumers often choose transactions with lock-in provisions, trading off exit rights for other perks. This article examines the costs and benefits of free exit, as compared to the lock-in alternative. According to the authors, the present regulation of exit penalties (in the USA) is poorly tailored to address concerns about lock-in, particularly in light of increasingly ubiquitous market-based solutions. The article also calls (regulatory) attention to loyalty rewards, which are shown to be as powerful as exit penalties, and equally detrimental. Scientific novelty: the article reveals a paradoxical state of the law: exit regulations in the USA are used most where they are needed least. Termination penalties present an obvi ous target for regulatory intervention, while loyalty programs seem benign, not warranting any regulatory attention. Practical significance: the article is of interest for the Russian juridical science and law-making authorities, as in Russia the issue of exiting the contract is as topical as in the USA, and requires solution which would impair neither the rights of consumers nor the rights of the sellers of products and services.
217-226 227
Abstract
Objective: to reveal the peculiarities of forming conditions on price in contracts on delivery of oil products in wholesale and retail markets on the basis of analysis of legislation and law enforcement practice, and to substantiate the proposals concerning the necessity to codify in the legislation the rule that a condition on price in the petrol delivery contract is an essential condition. Methods: the methodological basis of the study includes general logical methods (analysis, induction, analogy, research synthesis) and specific scientific methods (of interpretation of law, comparative law, survey method). Results: normative legal acts, legal practice and theoretical ideas on price were analyzed. The expediency of the legal rule is grounded, which stipulates that the condition on price in the petrol delivery contract is essential. The peculiarities are revealed of forming the conditions on price in the petrol delivery contracts in wholesale and retail markets. Scientific novelty: the article attempts to divide the conditions of price forming on the wholesale and retail markets of oil products supplies. The concept is formulated of price in petrol delivery contracts, reflecting the specifics of relations in this sphere, through analysis of court practice and petrol delivery contracts. Practical significance: the conclusions of the research can be used in the field of legislative activity to improve the civil legislation on the petrol delivery contract. The article can be used in educational process for preparing special courses on civil and business law in the law schools.

CRIMINAL LAW AND CRIMINOLOGY

226-235 245
Abstract
Objective: to form the science-based knowledge about the place and the role of technology and methods of management system in solving the problems of the penal system, in the sphere of protection of the rights and freedoms of the imprisoned. Methods: universal dialectic method of cognition, analysis, analogy, and systemic-structural and abstract-logical methods. Results: it was found that the combination of structural elements of the Federal Execution Service of Russia, whose activities are, in one way or another, aimed at enabling prisoners to use their rights and freedoms, has a systemic character. It was determined that the efficiency of functioning of any system, including the criminal-executive, is provided by managing it (its elements). The crucial role of the used methods and technologies is shown. The opinion is formed and justified that their skilled application in the management of the criminal-executive system will improve the efficiency of solving its tasks, including in the sphere of protection of the rights and freedoms of the imprisoned. Scientific novelty: the attempt to examine the role of technology and management practices in the functioning of the system ensuring protection of the rights and freedoms of the imprisoned. Practical significance: the main provisions and conclusions of the article can be used both in scientific and practical activities of managers of different levels and units of the penal system to address the challenges they face, including on the protection of the rights and freedoms of the imprisoned.
236-246 302
Abstract
Objective: to determine the most important factors of crimes in the sphere of dwelling and communal services in Russian cities (with a population of over 1 million people). Methods: correlation analysis using Pearson coefficient. Results: the initial hypothesis is based on the following assumptions about the determination of crime in the dwelling-communal sector: this crime is proportional to the total criminality of the region economy (the number of all corruption crimes revealed by divisions of the Russian Ministry of Internal Affairs in all spheres of economic activities in the studied cities), production indicators (number of investments and amount of financing in the dwelling-communal sector, volume of construction works, etc.), as well as the degree of monopolization in the dwelling-communal sector in the region (i.e., proportional to the number of municipal utilities). To check the hypotheses, we used data on crime and socio-economic characteristics of the dwelling-communal sector in 15 largest Russian cities in 2012-2013, as well as the data about crime in the sphere of dwelling and communal services and about the corruption crimes in Russian cities in 2012-2014. As a result, the calculations partially confirmed the hypotheses: the dependence of the level of crime in the dwelling-communal sector of Russian cities on the level of corruption crimes in these cities is high (r = 0,63), as well as the dependence on the number of organizations operating in the dwelling-communal sector (r = -0,47). At the same time the correlation was weak between the volume of activity in the dwelling-communal sector in Russian cities and the level of crime in them (absolute value of Pearson coefficient is lower than 0,4). Scientific novelty: for the first time the article investigated the determinants of crime in the sphere of dwelling and communal services in Russian cities on the basis of correlation analysis using Pearson coefficient. Practical significance: the main provisions and conclusions of the article can be used in further economic-criminological analysis when considering the issues of crime in the sphere of dwelling and communal services in Russian cities.

CRIMINAL PROCEDURE

247-263 284
Abstract

RETRACTION:

Date of retraction: 13.03.2017
Reason for retraction: Duplicate publication in several editions Additional information about the causes of retraction:

The article "COURT SENTENCES IN THE ASPECT OF THEOREMS OF VALIDITY, JUSTICE AND CERTAINTY OF BISECTRIXITY", written by Sergey Gennadievich Ol'kov, Doctor of Law, Professor of Surgut State University, is a duplicate publication. Information from public databases allowed the editors of the journal "Actual Problems of Economics and Law" to identify a violation of publication ethics. The article by the said author, containing essentially the same data and conclusions, was published in another publication: Izvestiya Vysshikh Uchebnykh Zavedenii. Ural region. 2015. No. 5. S. 13-19. (http://elibrary.ru/item.asp?id=25717768)

Article by S.G. Ol'kov "Judicial verdicts in the light of theorems of truth, justice and certainty of bisectorality", published in the scientific journal "Actual problems of economics and law". 2016. V. 10. No. 2 (38). S. 247-263 is withdrawn with the consent of the author, editor-in-chief and publisher.

The Editorial Board of the Journal, when publishing scientific research materials, bases its performance on the rules of publication ethics observed by the Editorial Board members, reviewers and authors. According to these rules, the author shall guarantee that the article is published for the first time and was not previously published or submitted to another journal. From the side of the editor-in-chief and publisher, the author S.G. Ol'kov was pointed out the inadmissibility of such actions and a decision was made to withdraw the article from elibrary.ru and the journal's website.

264-272 245
Abstract
Objective: to identify problems arising in the course of exemption from individuals and legal entities information about mobile digital applications that allow access to personal information, to develop solutions to the identified problems. Methods: in order to solve the identified tasks, we used the universal method of cognition and general scientific research methods: logical method, analysis and synthesis. In addition were used such scientific methods of cognition, as logical-formal, comparative, statistical, system analysis. Results: proposals have been elaborated on amendments to the criminal and criminal procedure legislation, which will allow to solve the identified problems. It is proposed to supplement the Russian Criminal Code (hereinafter CC) with the Section 8.1 "Digital crimes", which, in our opinion, should contain a paragraph on fraud with payment cards in the field of computer information systems; illegal access to computer information, creation, use and dissemination of harmful computer programs; violation of exploitation rules of storage means, processing or transmission of computer information and information-telecommunication networks. Scientific novelty: the study examined the legal status of mobile application data, peculiarities of the process of exemption, the need to allocate them as a separate type of digital proofs. Practical significance: the key issues and conclusions of the study can be used in reforming the criminal procedure legislation, as well as in research and teaching.


ISSN 2782-2923 (Print)