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Vol 16, No 8 (2023)
Theoretical and Historical Legal Sciences
From the Concept of the Draft Police Charter of the Russian Empire to Its Structure and Content: Views of Members of the Commission of Senator A.A. Makarov (1906-1917). Part 3. Ensuring public order and personal safety during certain public events (meetings, congresses, election campaigns)
Abstract
The content of the provisions of sections I and II of Chapter III “Resolutions protecting public order and personal safety” during meetings of societies, unions and congresses is considered. Touching upon the areas of police activity during private meetings, the author focuses on the specifics of public meetings. This is due to the fact that they have features due to the presence of a significant number of persons of different categories, with different goals. Therefore, one of the questions of the article is devoted to the procedure for the legality of obtaining permission to hold such an event, the procedures for the conduct of officials authorized to be present at the meeting, organizers, managers, chairmen responsible for ensuring public order, life and health of citizens. The article provides prohibitions on holding meetings based on various circumstances (categories of participants, location). Attention is drawn to the specifics of obtaining permits and holding student meetings. The content of the measures taken by the police (officials) in case of illegal (without obtaining the appropriate permission from government authorities) convening and holding congresses of persons of certain ranks or occupations is revealed.
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The Doctrine of Socialist Democracy as One of the Foundations of the USSR Constitution of 1936
Abstract
The article examines the problems of democracy in its theoretical understanding during the constitutional reform of the 1930s. The article traces the change in Stalin's approach to socialist democracy in the period of preparation for the adoption of the new Constitution of the USSR in 1936 in comparison with the approach of the founders of Marxism-Leninism.
It is concluded that despite the initial categorical rejection by I. V. Stalin of the ideas of «bourgeois democracy» and its opposition to the Soviet system, in the end, the 1936 Constitution actually included «bourgeois» general democratic requirements. However, while the goal of a genuine socialist democracy should not have been the illusion that people have rights, but the real involvement of the people in governing the country and guarantees of general democratic rights and freedoms, in fact, the principles of democracy and the very «socialist democracy» of I. V. Stalin and his allies, who were in key positions in the administrative apparatus of the Soviet state, depended on circumstances, time and place, and were subordinated to «revolutionary expediency». Having declaratively enshrined in the Constitution some rights and freedoms that are «dangerous» for the party and its leaders, the party has come up with externally legitimate ways to limit these rights in order to preserve the completeness and uniqueness of its power.
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The Paradigm of Legal Understanding of the Late XX – Early XXI Century: Russian Traditions and Modernity
Abstract
The purpose of the study is to determine the influence of the main methodological approaches and categorical apparatus of Russian legal thought at the turn of the XIX – XX centuries on the process of creating a paradigm of legal understanding of the late XX – early XXI century in Russian legal science. Based on the methodological principle of consistency and an integrated approach combined with the use of a comparative legal research method, the article attempts to identify the historical and theoretical roots of the main concepts of legal understanding of the late XX - early XXI century, trends in their development and modern significance.
Conclusions and results: the article highlights the features of the main methodological directions of the Russian legal understanding of the late XIX - early XX century, which became the basis of the concepts of domestic legal understanding of the late XX - early XXI century: positivism with elements of sociology and normativism, libertarian theory, various variants of integrative concepts, natural law, materialistic theory of law. The practical significance of the article lies not only in self-knowledge of the paradigm of legal understanding, but also in providing upcoming legal research with powerful cognitive tools that allow revealing the deep aspects of legal understanding as a legal phenomenon.
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Analysis of the Criminal Law of Rome and Its Role in the Criminal Law of Our Time
Abstract
Roman criminal law has had a huge impact on the development of the modern justice system. Its basic principles, such as the presumption of innocence, the evidentiary burden on the prosecution and the punishment in accordance with the crime committed, have become the basis for many modern legal systems. Roman justice sought to protect the rights of the accused and provide them with the opportunity to defend their interests in court, which created the basis for the development of the principle of fair trial. The Romans also made a significant contribution to the development of criminal legislation and criminalistics. In general, Roman criminal law has left an indelible mark on the history of justice and its principles are still applied in many countries around the world.
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Problems of Establishing Soviet Power in Turkestan
Abstract
The purpose of the article is to study the process of establishing Soviet power in Turkestan in 1917–1924.
The authors show that the establishment of the Soviet system in Turkestan took place in difficult conditions of resistance from opponents of the new government, foreign intervention and internal counter-revolutionary uprisings. Along with the creation of a regular army, measures of a socio-political, economic and ideological nature were taken to protect the young statehood.
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Public Law (State Law) Sciences
Legal Aspects of Ensuring Information Security of the Digital Economy
Abstract
The article emphasizes that ensuring the information security of the digital economy is possible only on the basis of an integrated approach on an interdisciplinary basis, which is associated with the need to improve the professional interaction of specialists and the training of legal personnel for this area.
Taking into account the proposal of the Cybersecurity Department of the Ministry of Finance of the Russian Federation, functional tasks for the development of a new intelligent information security system as a response to new challenges from cybercrime are conceptually formulated. The author identifies three automation subprograms of the main functions related to the establishment and maintenance of the legal regime for the activities of high-tech enterprises, the functioning of which will allow for real-time operational identification, forecasting and issuing recommendations on the prevention of information security threats at the early stages of their occurrence in the economic activities of enterprises.
Considering the issue of the essence of training a new generation of lawyers for the digital economy, the author notes the low level of legal literacy in this area, which requires the development of new professional retraining programs. The author believes that in order to provide legal services to high-tech enterprises, it is necessary to train lawyers on an interdisciplinary basis who are aware of the changes in legal work associated with the socio-legal consequences of the information revolution and have competencies related to the application of new forms, methods and methods of information protection.
The article was prepared based on the materials of the author's report on November 23, 2023, within the framework of the XIII Moscow Legal Week and the international scientific and practical conference "Legal support for the sovereignty of Russia: problems and prospects" at a joint Scientific and practical conference (section) and an expert session of the Working Group "Regulatory Regulation" of the ANO "Digital Economy": Legal support for digital sovereignty Russia: problems and prospects (on digital Law and the Digital Code). Moscow, Lomonosov Moscow State University, Faculty of Law.
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Scientific Consortium: Concept and Prospects for Legislative Implementation
Abstract
Based on an analysis of the current civil, investment, contract and antimonopoly legislation of the Russian Federation, key official and doctrinal positions regarding the concept of a scientific consortium are assessed.
The main features of the concept of a scientific consortium are identified, which make it possible to distinguish it from related categories of joint scientific and support activities.
The definition of the concept of “scientific consortium”, proposed for enshrinement in Art. 2 of the Federal Law of August 23, 1996 No. 127-FZ “On Science and State Scientific and Technical Policy.”
It is proposed to use the corresponding definition in order to eliminate gaps in domestic contract and antimonopoly legislation, legislation on science, which reduce the effectiveness of antimonopoly measures in the field of public procurement of R&D and measures for the development of scientific cooperation.
The rule-making solutions proposed by the authors are aimed at increasing the efficiency of science financing by including scientific consortia among the participants in public procurement and eliminating barriers that prevent citizens engaged in scientific activities from participating in procurement.
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Procedure of «Opposition» in the System of Trademark Registration (on the Example of Russia and Kazakhstan)
Abstract
The article is devoted to the study of the institute of opposition to the registration of trademarks, known as the "trademark opposition procedure". This procedure is one of the mechanisms of trademark protection in the pre-trial (administrative) order. The article deals with the legal nature and role of the procedure of opposition of trademarks in the system of protection of intellectual rights. The problems and peculiarities of the formation of the procedure of filing and consideration of objections against the registration of trademarks in the legislation of Russia and Kazakhstan are investigated, the conclusion is made about certain advantages of this procedure in comparison with the judicial one. The opposition procedure allows to ensure the protection of intellectual rights, preventing illegal registration of trademarks at the stage of consideration of the application. It is a more cost-effective way of conflict resolution, as it avoids a long and costly judicial process.
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Research Perspectives on Legal Frameworks for State Control in Russia's Construction Sector
Abstract
This article delves into scholarly research conducted by Russian legal experts on the legal frameworks governing state control and oversight in the construction sector. Undoubtedly, the construction sector, inherently diverse and multifaceted, captures a myriad of subdomains that collectively form the crux of the authors' academic pursuits. The analysis within this article is confined to those aspects previously explored by scholars, emphasizing the range of challenges that have intrigued Russian legal academics in their publications and dissertations. A comparative methodology was used for research, focusing on different scholarly viewpoints pertaining to legal challenges in state control of the Russian construction sector.
Particular emphasis is paid on two existing problems: the relationships between state control and oversight, and the balance between state-mandated regulation and industry self-regulation. It is noteworthy to mention that many solutions proposed in existing literature appear to be both inadequate and incomplete.
The authors conclude that there is a need to intensify research work on issues of legal regulation of state control in the construction sector in Russia. While acknowledging the depth and rigor of past studies, it is pivotal to underline that a significant portion of them were undertaken over ten years ago. Hence, they may not be entirely in line with the prevailing legal regulation or address the emergent complexities of the sector's regulatory landscape.
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The Essence of the Restriction of Human and Civil Rights and Freedoms in the Russian Federation
Abstract
The purpose of the study. The article is devoted to the problem of determining the essence and mechanism of action of restrictions on human and civil rights in the Russian Federation. The article lists the generations of human rights and the content of human and civil rights in the Constitution of the Russian Federation, gives a brief description of them. The doctrinal approaches of the definition of «restriction of rights» are considered and specific examples from law enforcement practice are given. The purpose of the study is a theoretical and practical assessment of the essence of the mechanism of restriction of human and civil rights in the Russian Federation. The article uses dialectical, historical, formal-legal, logical, comparative-legal and other methods of knowledge. Conclusions. In the Russian Federation, there is no uniform approach to determining the essence of the mechanism of restriction of human and civil rights and freedoms. The rights enshrined in Chapter two of the Constitution of the Russian Federation may be limited and are limited due to various objective circumstances, while the legislator has not developed a clear mechanism for restricting rights, in connection with which we can see that in some cases restrictions of rights are expressed in the establishment of specific frameworks, and in others – a complete ban on the commission of certain actions.
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On the Issue of Ways to Improve Legislation on Private Detective and Security Activities
Abstract
The purpose of the research. The scientific article examines significant areas for improving legislation on private detective and security activities, relating to: licensing of private detectives and security guards, as well as the qualification requirements for applicants for these statuses; the use of technical means by private detectives; interaction of private detectives and private security organizations with law enforcement agencies. The purpose of the study is to identify existing problems of legal regulation in this area, as well as to design the most effective ways to solve them. Conclusions. As a result of the study, a conclusion was made about the need for more intensive use of the potential of subjects of private detective and security activities to solve law enforcement problems. This requires a revision of the requirements for applicants for a license to carry out private detective activities, as well as the qualification requirements for employees of private security organizations. The scientific article also makes a number of proposals aimed at improving the interaction of private detectives and private security organizations with law enforcement agencies. The authors consider it necessary: to introduce a class approach to licensing private detectives; establish a list of technical and other means permitted in the activities of a private detective; increase the requirements for applicants for a license to carry out private detective and private security activities; review the existing procedure for the exchange of information and interaction between private detectives and the Russian Ministry of Internal Affairs.
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Prospects for the Use of Unmanned Aircraft by Police Employees when Performing Official Tasks
Abstract
The purpose of the research. The article reveals positive aspects indicating the relevance and necessity of the use of unmanned aerial vehicles (hereinafter referred to as UAVs, drones) by police officers. The legal basis for countering enemy aircraft is determined, and arguments are made in favor of the use of drones in the official activities of internal affairs officers, including when performing official tasks in special conditions. Results. The provisions set out in the article indicated the importance of considering the issues of forming units whose area of interest is the control of UAVs and the performance of tasks associated with a high degree of risk to the life and health of law enforcement officers.
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Private Law (Civil) Sciences
Violation by Courts of the Rules of Exclusive Jurisdiction and Other Problems of the Financial and Arbitration Process in case No. 2-0614/2023 (02-7455/2022)
Abstract
Purpose of the study. The article examines the problems that arise in the administration of justice in courts of general jurisdiction and arbitration courts, in particular, the subject of the study is the institutions of exclusive jurisdiction, interim measures, replacement of an improper defendant, as well as the practical implementation of the norms of these institutions. The purpose of the study is to analyze these problems using the example of a specific legal dispute, and to consider the role of the persons involved in the case.
Conclusions. As a result of the study, conclusions were drawn about the presence of many theoretical and practical problems in the judicial system of the Russian Federation. Thus, it was revealed that the dispute belonged to the category of corporate, as a result of which it had to be resolved by an arbitration court, and not by a district court. In addition, it was concluded that KM-Oil LLC was incorrectly involved in the process as a third party and, as a result, the court decision was unfairly made against the said company and the previously imposed disproportionate interim measures. The article provided reasonable arguments to substantiate the stated positions, proposed measures to resolve the incidents that have arisen and the possibility of improving the procedural legislation of the Russian Federation and the existing judicial system.
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Defence of Housing Rights by Government Housing Supervisory Authorities
Abstract
The purpose of the research. In the current context of the development of extrajudicial forms of citizens’ rights defence, the administrative procedure for the defence of the mentioned rights within cases provided for by law is of particular importance. The need to identify the peculiarities of the protection of housing rights of citizens by state housing supervision authorities is predetermined by the fact that there is no detailed regulation of the administrative procedure for the defence of housing rights in housing legislation, as well as due attention to it on the part of the science of housing law. The purpose of the study is to identify the peculiarities of the administrative procedure for the defence of citizens’ housing rights by state housing supervision authorities, as well as the peculiarities of the defence of citizens’ housing rights by government housing supervision authorities, implemented by them in court.
Results. The author concludes that it is necessary to differentiate between the protection of housing rights in the administrative order and administrative-legal protection of housing rights. Defence of the housing rights of citizens, carried out in administrative order by the authorities of the governmental housing supervision is an activity of a human rights nature carried out by them in compliance with the legally established procedure and applying legal means aimed at the restoration of violated housing rights. Housing rights defense in the administrative order, implemented by government housing supervision authorities by means of issued instructions to eliminate revealed violations, is closely interrelated with the administrative defence of housing rights, carried out in the case of bringing the offender to civil liability with the imposition of administrative and legal means in the form of a fine or a warning, but does not merge with it, because it has a different goal - the real restoration of violated housing rights of citizens who have applied for defense. Taking into account that a significant number of housing rights by their legal nature are civil-law rights, the administrative procedure actually provides civil-law protection of these rights. The applicable method of defending housing rights in the administrative procedure is mainly the restoration of the state of affairs that existed prior to the violation of a housing right and the suppression of actions that violate this right or threaten to violate it. The administrative procedure for the defence of housing rights does not imply the application of measures of administrative and legal liability. Along with that, the application of administrative-legal means in administrative defence strengthens the effect of the administrative order of housing rights defence, encouraging the offender to stop actions that violate the rights and legitimate interests of participants of housing relations, and allows to prevent potentially possible violations thereof. A means of defending housing rights under the administrative procedure is an application or complaint submitted to the government housing supervision authority by a person in the case of a violation of his or her rights and legitimate interests. When citizens apply to the government housing supervision authorities, their violated housing rights are defended by means of a human rights decision in the form of issuing instructions to legal entities and individual entrepreneurs to eliminate identified violations. An instruction issued by a housing supervision authority acts as an administrative and legal means of ensuring the restoration of violated housing rights. In the case where the defence of housing rights in an administrative procedure using administrative and legal measures has proved ineffective and the restoration of violated subjective housing rights has not taken place, the government housing supervisory authorities defend the rights and legitimate interests of citizens who have applied to them in court. In this case, the restoration of violated housing rights is carried out through the application of traditional civil law methods of defence, including such as invalidation of the decision passed by the general meeting of owners of premises in the apartment building, invalidation of the apartment building management agreement. Defence of the housing rights of citizens who have applied to the state housing supervision authorities in a judicial procedure in cases prescribed by law is carried out mainly in the interests of the majority of owners and users of residential premises living in an apartment building, provided that the supervised persons fail to comply with the issued instructions to eliminate the identified violations.
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Legal Regulation of the Use of Artificial Intelligence Technologies in International Private Law: Challenges and Solutions
Abstract
The scientific article is devoted to the problems of the legal regulation of the use of artificial intelligence technologies in international private law. The main risks associated with the development of artificial intelligence in the modern world and their regulations are discussed. In addition, the features of international legislation are identified in the direction of prospects for regulating the development and use of artificial intelligence technologies in practical activities.
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Methodological Aspects of the Development of a Legal Model of Sustainable Corporate Governance: to the Formulation of the Question
Abstract
The global trend in the implementation of sustainable development goals and ESG transformation poses a methodologically difficult task of developing a national legal model of sustainable corporate governance. The article considers: its necessity and possibility, the domestic tradition of legal modeling, including in the field of management, the problem of using foreign, primarily Western, experience in modern conditions, the desire of business to innovate in this area. The key methodological problem of determining the degree and adequacy of state intervention in corporate relations is highlighted: justifying the need for legal regulation of sustainable corporate governance, or leaving it in the area of soft regulation, considering it an internal affair of corporations. Taking into account the peculiarities of the current situation, in which the economy is working under the pressure of sanctions and external circumstances, the development of the desired model may not seem relevant and premature. In this context, the publication is focused on raising, updating, the question.
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Balance of Private and Public Interests in Civil Legal Regulation: Balance or Solidarity?
Abstract
The article analyzes the category of interest from the standpoint of the origin of this term and its conceptual structure. The author's definition of civil legal regulation is formulated and the correlation of private and public interests in this process is shown. The state of the balance of interests is characterized and the difference between the categories of balance and solidarity is revealed for theoretical and practical needs related to the identification of the correlation of private and public elements in the civil legal regulation.
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Normative Regulation on the Issue of Compensation for Violation of the Right to Legal Proceedings or the Right to Execution of a Judicial Act Within a Reasonable Period of Time
Abstract
The purpose of the research is to study compensatory proceedings through the prism of retrospective analysis of normative-legal regulation of the institute of compensation. This article deals with the issues of formation of compensatory proceedings in the system of civil law remedies of the Russian Federation. Conclusions: the author tried to understand the prerequisites for the creation of an effective means of combating the violation of the rights of citizens and legal entities to legal proceedings and execution of judicial acts within a reasonable time and to analyze the state of compensatory proceedings by means of studying the current legislation in this area. Based on the results of the study, a number of conclusions about the trends in the development of normative-legal regulation, as well as a vector of its further improvement are made.
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Biblical Covenants and Their Significance for Civil Law
Abstract
In the early stages of the development of human civilization, religion played a significant role in shaping the laws by which people lived, and therefore it had a significant impact on modern civil law. The purpose of this study is to determine the significance of the Biblical covenants for civil society. The author analyzes the essence of religious norms and customs and determines how religious norms influenced the formation of modern civil law. The author comes to the conclusion that law and religion are two different systems of norms that play an important role in regulating public relations. While law is based on laws and has legal control mechanisms, religious norms are based on faith and have spiritual consequences, while religion sanctifies values, attitudes and codes of conduct that are unshakable and unconditional and are able to legitimize socially significant values and give them the authority necessary to comply with the stated principles and laws.
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Criminal Law Sciences
Concept, Essence and Manifestations of Terrorism as a Threat to National Security
Abstract
Terrorism is the main threat undermining the security of any state and a destabilizing factor of increasing social tension. Ensuring national security as a priority activity of the state involves combating the manifestation of various forms of terrorism. The purpose of the study was - to analyze the level of criminalization in society from threats of terrorist nature, consideration of the terminology of terrorism, enshrined in the legal framework and scientific doctrine, as well as the characterization of the essence and forms of manifestation of terrorism as a threat to national security of Russia. As materials were used scientific works on the problem under consideration, as well as statistical data reflecting the level of criminalization of crimes of a terrorist nature, published on the portal of legal statistics of the General Prosecutor's Office of the Russian Federation. The analysis of terrorism as a global problem that poses a threat to national security allowed the authors of the study to characterize the essence of modern terrorism, forms of its manifestation and formulate a vision of the criminal situation in our country.
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Features of Counteraction to Fraud Acts Performed Remotely Through the Use of Mobile (Cellular) Communication and Information and Telecommunication Networks (by the Example of the Kabardino-Balkarian Republic)
Abstract
The article discusses current problems of combating fraudulent actions committed remotely through the use of mobile (cellular) communications and information and telecommunication networks, and using the example of the experience of the Kabardino-Balkarian Republic, the features of countering this category of crimes are revealed. The authors analyze the results of the activities of internal affairs bodies in the Kabardino-Balkarian Republic for 2021-2022 and formulate the basic principles of successfully combating fraudulent actions committed remotely.
The purpose of the work is to critically understand the problems and gaps associated with the identification, disclosure and investigation of fraudulent crimes carried out through the use of information and communication networks and mobile (cellular) communications, as well as to determine the highest priority areas for combating this category of crimes.
The authors come to several conclusions. Firstly, the activities of the internal affairs bodies of the Russian Federation to combat fraud committed remotely are often complicated by the inability to bring the perpetrators to justice, as well as the lack of effective mechanisms for the return of funds lost by citizens as a result of remote actions of fraudsters using information and telecommunication networks and means mobile (cellular) communications.
Secondly, the priority and most effective approach to combating this category of crime is to inform the Russian population about current threats created by fraudulent activities, the most common methods and techniques of misleading citizens of the Russian Federation used by criminals, as well as ways to protect themselves and their financial resources from illegal actions by following simple sets of rules and algorithms of actions in the event of remote contact with possible fraudsters.
Thirdly, the foundation for effectively countering fraudulent actions committed remotely should be a sufficient research base, methodological support for the activities of internal affairs bodies and a systematic study of this threat, allowing for the implementation of a preventive approach to combating such crimes, based, among other things, on forecasting promising technologies and ways to commit remote fraud.
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Modern Possibilities of Forensic Identification of a Person by Signs and Signs of Appearance, Taking Into Account the Use of Innovative Digital Technologies
Abstract
The purpose of the study. The article analyzes the criminalistic possibilities of identification of a person using modern habitoscopic techniques for the study of signs and signs of a person's appearance, taking into account the use of innovative digital technologies. Conclusions. The individuality of a person creates an opportunity, and in some cases (taking into account modern methods and technologies) guarantees the possibility of its identification. Signs and omens of a person's appearance (forensic characteristics of a person) are carriers and sources of criminalistically significant information. Modern possibilities of forensic identification of a person by signs and signs of appearance, taking into account the use of innovative digital technologies, are constantly increasing and expanding.
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The Impact of Digital Technologies on the Commission of Violent Crimes Against Minors
Abstract
The article discusses a minor audience, which is an increased risk group, this is due to the fact that the virtual space provides the opportunity, including criminals, to make illegal encroachments in relation to this category. In modern conditions, the younger generation does not possess, due to age-related features, the ability to correctly perceive the information presented on the Internet, and distinguish between law-abiding Internet users from attackers. The article presents the results of a pilot sociological study, where the author found that the use of minors of the digital environment has not only advantages, but also hidden risks and threats, since information and digital technologies are used by criminals to commit crimes against adolescents, which is facilitated by wide coverage of youth The audience, the anonymity of the virtual interlocutor, etc. In conclusion, the author concludes that the number of violent, sexual crimes against adolescents increases in the digital environment and proposes to combine the efforts of scientists and practitioners to prepare an effective system for regulating the consumption of information products by minors in the digital environment.
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On the Use of the Experience of Criminal Legal Counteraction to Corruption of the CSTO States
Abstract
The purpose of the publication is to familiarize yourself with the experience of the criminal legal fight against corruption in the CSTO states. Conclusions obtained during the study.
The results of the study show that it is useful for the Russian legislator to take into account the provisions of the criminal legislation of other CSTO countries in their further activities on the development of relevant regulations on liability for corrupt behavior.
The scientific significance of the publication lies in the preparation by the authors of the publication of a number of proposals for improving Russian criminal legislation in the field of combating corruption.
The practical significance of the publication lies in the fact that the materials presented in the article can be used by Russian legislators in further work to improve the regulatory framework in the field of anti-corruption. In addition, the ideas presented in the article are useful for taking into account the activities of legislators of other CSTO countries.
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Current Problems of Collecting Funds for Forensic Examinations in Civil Proceedings
Abstract
The article considers the problems associated with payments for forensic expertise in civil procedure.
Research goals: To develop specific measures that could improve the recovery of funds for a forensic expertise carried out in civil procedure and reduce debt as a result.
Conclusions: It is found out that the issues of timely payments to forensic expert organization all forms of property are paid insufficient attention to. It is established that a forensic expert organization is considered as a legal body that helps to ensure justice, but not as a party to a case. The author concludes that amendments should be made to the procedural legislation as well as to the insolvency (bankruptcy) laws of the Russian Federation and that the Supreme Court of the Russian Federation should make recommendations concerning the way of court ruling related to the payments for forensic examinations.
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On the Issue of Interim Measures Applied During the Examination of Living Persons and the Limits of the Use of Coercion in Its Production
Abstract
In the article, the author examines the concept of criminal procedural examination, taking into account changes in the content of criminal procedural norms from the Soviet period to the present. The legal grounds for the production of the investigative action under consideration are analyzed, which are divided into legal and factual, indicating their individual elements. The features of the examination in relation to witnesses, victims, suspects, accused and defendants are considered. Attention is focused on the unresolved issue of ensuring the execution by the above-mentioned participants of criminal proceedings of the decision of the authorized entity on the examination, which, in accordance with the current criminal procedure legislation, is mandatory in case of their refusal to participate. The opinions of process scientists on the possibility and expediency of the use of coercion during the examination, on the methods of coercion and their boundaries are considered. The aspect of observing the rights of participants in criminal proceedings during the investigative action under consideration is touched upon. The analysis of the interim measures provided for by the criminal procedure Law for the participation of persons for whose examination, a resolution was issued on the conduct of an examination and a proposal was formulated to improve legislation in this direction. analysis of their legality and expediency in view of its specifics.
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Current Features of Criminological, Criminal Law and Criminological Characteristics of the Involvement of a Minor in Committing Crimes
Abstract
In recent decades, the involvement of a minor in committing crimes has acquired new, dangerous signs due to the impact of remote users on the mass behavior of adolescents. The spread of the “Internet virus of spontaneous destructive subcultural communities” motivates minors to commit new offenses and crimes befitting the criminal ideology imposed by virtual manipulators. In the current geopolitical situation of the Russian Federation, the degree of public danger increases significantly when minors are involved in committing crimes against public safety, public order, the foundations of the constitutional order and the security of the state. The objectives of the scientific research are to analyze the negative impact of the chaotic horizontal system of Internet education on minors, delinquent behavior as a result of manipulation of mass behavior, the spread of the “Internet virus of spontaneous destructive subcultural communities” among minors, individual signs of criminological, criminal law and criminological characteristics of crime, provided for in Article 150 of the Criminal Code of the Russian Federation. The main conclusions based on the results of the study: an analysis of the patterns of education and formation of new generations of minors and youth, the consequences of virtual manipulation of mass behavior and the inclination of minors to destructive acts was carried out. Based on the results of the study, additions were formulated in parts 5 and 6, which must be introduced into Article 150 of the Criminal Code of the Russian Federation with justification for the current criminalization of the use of the media, electronic or information and telecommunication networks in the involvement of minors in committing crimes, as well as their involvement in crimes against public safety , public order, the foundations of the constitutional order and state security.
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Problematic Issues of Determining Some Signs of an Organized Criminal Group
Abstract
The purpose of the research. The article discusses the problematic issues of determining some signs of an organized criminal group. The factors that make it possible to distinguish the forms of an organized criminal group from other forms of complicity are analyzed, and to properly qualify crimes related to the activities of organized criminal groups. The purpose of the study is to identify the essential features of the organization and their definition, which is essential for proper qualification.
Results. As a result of the conducted research, the author comes to the conclusion that in criminal law and judicial practice, the concept of an organized group and a criminal community (criminal organization) is absent, and therefore it is advisable to give a legal definition of these forms of complicity. Considering the issues of the quantitative composition of organized criminal groups, the author believes that the number of participants in an organized group should be at least two, and the criminal community (criminal organization) - at least four. Exploring the concept of such a feature of an organized criminal group as stability, the author believes it is possible to understand by such the duration of the existence of the corresponding criminal association, due to the presence of stable interaction of its participants.
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Appraisal Expertise in the Activities of Customs Authorities
Abstract
Appraisal expertise, as a distinct type of customs expertise, is an important tool ensuring customs control. This article examines the regulatory issues of appraisal activities by customs authorities in Russian legislation. The author of the article compares the legal and methodological aspects of «judicial appraisal» and «customs appraisal» within the framework of customs control. Additionally, the author explores the genesis, objectives, and legal challenges of appraisal expertise in customs authorities. This is necessary to establish the main directions for the development of appraisal expertise within the Russian system. As a result of the research, the author concludes that it is necessary to introduce uniform terms and definitions in Russian legislation and to create a standardized conceptual framework for appraisal expertise within customs authorities. Simultaneously, it is important to supplement the classification of expert specializations in all divisions of the Central Customs Expertise and Customs Control Administration with a new type of customs expertise – «appraisal expertise», and to develop detailed instructions for determining the market value of goods for expert appraisers in customs authorities.
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Death Penalty
Abstract
Short excursus in history of criminal punishment in the form of death penalty is carried out in the article. Comparison of history development of punishment in the form of death penalty Russian and Kazakhstan is conducted (periods are covered: pre – Soviet, during the USSR, and modern time). The tendencies of development issue of cancel death penalty within the framework of international cooperation is marked in the article. Conducting policy of the Republic of Kazakhstan in relation to death penalty is also pointed out. The arguments of for and against concerning application of criminal punishment in the form of death penalty is considered. Giving arguments with practical examples on groundlessness of position «for» keeping death penalty in the present time. Author is speaking out own point of view concerning of punishment in the form of death penalty.
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International Legal Sciences
Universal Declaration of Human Rights as a Result of Humankind Conscience
Abstract
As we celebrate the 75th anniversary of the Universal Declaration of Human Rights, experts in the humanities are assessing the role and significance of the Universal Declaration of Human Rights in their speeches and publications. By familiarizing themselves with this material, readers and listeners will gain additional useful information of an interdisciplinary nature regarding the first international human rights instrument in the history of mankind. The attitude and assessment of specialists towards the Universal Declaration of Human Rights varies from praise to derogatory criticism, which, from the point of view of the scientific research approach, is a normal practice.
The purpose of this paper is to present historical facts, events, and statistics in a systematized way to explain the key provisions of the Universal Declaration of Human Rights.
As a result of analyzing and taking into account historical facts, events and statistical data, the author believes that the reader will be able to properly assess the role and significance of the primary source of the international human rights protection system, which is the Universal Declaration of Human Rights, and answer the question of whether this Declaration is necessary for the international community in the context of degrading international human rights system.
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Parallels from October 1917 to Potsdam 1945 to Our Time: History of the Issue
Abstract
The purpose and objectives of this article are to analyze the lessons of the 1945 Potsdam Conference in the international legal aspect and the modern interpretation of its decisions.
Methodological approach. The main method is comparative historical and historical-legal methods. The author also uses theoretical methods of analysis and comparison. The method of legal interpretation of the norms of international law is actively used.
Results and conclusions. The article examines the activities of the Russian Federation in the formation of modern international law, examines the documents of the Potsdam Conference in the international legal aspect, taking into account the current active confrontation between Russia and the West.
The originality and value of the work lies in the identification of relevant decisions of the Potsdam Conference for modern international law and international relations.
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Legal Sight on the Presence of Nuclear Elements in Outer Space
Abstract
This article explores the legal regulation of the use of nuclear energy in outer space, in particular, the issue of the use of nuclear energy sources in space objects is considered. The purpose of this research is to analyze the existing norms of international law governing the possibility of using nuclear energy in space, as well as to identify gaps in such regulation. In addition, the study is aimed at more detailed research of the existing norms of “soft law”, in particular, the Principles Relevant to the Use of Nuclear Power Sources in Outer Space 1992 are considered. It is practically the only regulator of the use of nuclear power sources in outer space. The article provides an analysis of the fundamental conventions in the field of regulation of nuclear energy in the context of its application relatively to space, which is based on the opinion of competent scientists of international nuclear law and international space law.
The author of this article conducts a detailed analysis of the regulatory framework in the field of using the energy of the atomic nucleus in space, namely, by using the comparative legal method, the fundamental norms, ideas and advantages, as well as drawbacks of such legal acts as: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and other Celestial Bodies 1967, Convention on Early Notification of a Nuclear Accident 1986, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 1986, Principles Relevant to the Use of Nuclear Power Sources in Outer Space 1992 are revealed.
The author comes to the conclusion that the existing legal regulation of the use of nuclear energy sources in space is not complete, comprehensive and sufficient, but notes that steps towards better regulation are being made, which is already a good trend and indicates a huge amount of work done.
This article reflects analysis of the current provisions of international treaties, as well as “soft law” documents in order to more fully identify the essence of the issues under study. This article will be useful to students of law schools, graduate students, teachers of public international law, international energy law, international nuclear law, international space law as well as all those interested in the issue of usage of nuclear energy for the outer space missions and the resolution of the problem of legal regulation of this complicated issue.
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Разное
Features of Attracting Citizens to Confidential Assistance to Bodies Carrying Out Operational Investigative Activities at the Present Stage. Operational Search Contract
Abstract
The purpose of the study. The article analyzes the possibilities, regulatory and legal grounds, goals and objectives, types and forms of attracting citizens to confidential assistance to bodies carrying out operational investigative activities at the present stage. Within the framework of the conducted research, the issues of expediency and effectiveness of the implementation of the aforementioned assistance in the fight against crime, its prevention and in countering terrorist threats are considered. Conclusions. The results of the study show that the effectiveness of the ORD is objectively impossible without a certain degree of secrecy, or at least the confidentiality of this process. According to the author, conspiracy and the combination of public and tacit methods and means are one of the main applied principles of the implementation of the ORD (naturally, within the framework of compliance with the principle of legality). Persons who assist in the ORDO are protected by the State in legal and social aspects. The provision of such assistance by a person is an opportunity (one of the legal ways) to implement the constitutional right to protection from criminal encroachments.
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The Evolution of Evidence and Evidence in the Domestic Criminal Process
Abstract
The article examines the development of domestic criminal justice from its rudimentary state in the X century to a more codified, but still medieval, mosaic and cumbersome Code of Tsar Alexei Mikhailovich of the XVII century. The author also considers the evolution of evidence from the initial oral forms to fixing the circumstances of the crimes committed on paper, that is, the moment of transition to paper protocols of investigative actions is indicated. The paper focuses on the transformation of the evidentiary process from adversarial to inquisitorial. The list of investigative actions available to the ancient Russian "interrogators and investigators" in the framework of the investigation of criminal cases is noted: "persecution of the trace", "vault", "ordalia", "field", etc. The author studied the legislative activity of the rulers of Russia: Yaroslav the Wise, Ivan III, Ivan IV, Alexei Mikhailovich, and traced the line of naming the positions of persons who carried out the investigation of crimes. The emphasis is placed on the simultaneous coexistence of both archaic types of evidence and quite rational ones in the "criminal procedure law" of Ancient and Medieval Russia.
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