No 4 (2023)

The article provides a brief overview of the practice of the UN Human Rights Committee on cases against the Russian Federation. Taking into account the current practice of the Committee on Cases against the Russian Federation, within the framework of this article, it is advisable to pay attention to the protection of the following rights that have become the subject of the Committee’s attention: prohibition of torture; the right to freedom and personal inviolability; the right of a person deprived of liberty to humane treatment and respect for the inherent dignity of the human person; the right to a fair trial proceedings; the right to respect for privacy.

The article analyzes the illegal actions of subjects of labor law that violate the principles of law and the principles of labor law, which in the science of labor law is traditionally qualified as abuse of law and labor law. The analysis of scientific points of view and judicial acts, which use the concept of “abuse of law” and criticize scientific approaches based on legal positivism, as well as on the scientific discussion concept of integrative legal understanding. The author’s conclusions and proposals are formulated from the position of the scientifically grounded concept of integrative legal understanding. In particular, it is concluded that “abuse of law” is a social regulator of relations and a moral category, and the task of the law enforcement body is to analyze the actions of subjects of labor law that have legal significance and are associated with a special type of offense – violation of the principles of law and principles of labor law.

Legal relations related to the selection of candidates for the position of judge, as well as defects and lacunae of legal regulation of this process are considered.

The purpose of the study is a legal analysis of the legal regulators of the selection of candidates for judicial positions, identifying their features. This goal is achieved through the solution of the following tasks: research of the selection process of candidates for the position of judges in the Russian Federation at the current stage; identification of problems of legal regulation based on the analysis of legal norms and practice of their application; formulation of proposals on the prospects for their optimization.

The research methodology consisted of methods of empirical cognition and analysis, comparative, formal legal methods and a systematic approach.

The various views of researchers are analyzed and as a result, the existing problems in the legal regulation of the studied area are disclosed and summarized, proposals for improving the existing Russian legal acts are formulated. The conclusion is made about the need for a psychodiagnostic examination of the applicant, which should become a mandatory component of his dossier. It is noted that the competitive selection should be carried out on an adversarial basis by evaluating the applicant»s dossier according to an approved scale of objective criteria, a possible minimum set of such criteria is proposed. Amendments are proposed that limit the discretion of the qualification boards of judges and provide a closed list of grounds for refusing a recommendation to an applicant. The author offers innovations designed to optimize the procedures for selecting qualified personnel.

The main purpose of this study is an empirical analysis of legislation and judicial practice of the appointment and execution of administrative arrest in cases of administrative offenses. Some law enforcement aspects of administrative arrest as a type of administrative punishment are considered by interdisciplinary analysis in relation to liability measures provided for in other branches of law.

Based on a comprehensive comparative legal analysis, it has been established that the significant features of the grounds for the application of administrative arrest are developed by judicial practice, or are fixed in departmental regulatory legal acts, and not federal legislation. Based on statistical analysis, it was found that in relation to other types of administrative penalties, administrative arrest is the most severe, but is not common.

One of the important directions in the field of jurisprudence is the development of procedural science, which is conditioned by the need to satisfy theoretical and cognitive needs in understanding the essence of procedural law, procedural legal relations, legal process, the relationship of these categories, identifying the requirements of the procedural form, determining procedural offenses and other procedural legal deviations, the goals of the legal process and the means to achieve them.

The purpose of the article is to identify the main stages of the development of procedural science depending on the genesis of procedural and legal categories, to determine its subject taking into account the accumulated theoretical arsenal to the modern stage, as well as to determine a compromise approach to the main procedural and legal categories, taking into account the provisions of modern legislation and the requirements of law enforcement and law-making practice.

Methods. The basic principles, laws and categories of idealistic and materialistic dialectics of cognition are used in the study. To achieve the purpose of the article and obtain useful results, a number of general scientific and private scientific methods of cognition were used. The research was carried out on the basis of such general scientific methods as analysis, synthesis, historical method and system-structural approach. Formal-legal and comparative-legal methods were used as the main private-scientific methods.

Results. To date, it can be concluded that there is an independent subject of procedural science, namely, the laws of the emergence, development and functioning of procedural and legal phenomena (procedural law, legal process, legal procedure, procedural and procedural norms of law, procedural legal relations, procedural offenses and other procedural legal deviations).

Due to various factors, states choose different approaches to ensuring uniform judicial practice, which is a necessary component of legal certainty. While in the common law countries judicial precedent has been a trusted tool for this task, in socialist countries lower courts would follow the guiding clarifications of the top judicial bodies. Following the collapse of the USSR, three separate trends took shape in the 1990s – 2000s: statutory establishment and detailed description of the guiding (and even obligatory) role of clarifications made on relevant issues by the plenary body of the apex court, decrease of importance of such clarifications to a role of simple recommendations and complete abolishment of such an instrument.

Having studied the legislative changes in post-Soviet countries, we may conclude that due to the inevitable role of the apex court as a beacon of judicial practice, abandoning clarifications on issues of judicial practice increases the significance of that court’s decisions in individual cases, which effectively introduces elements of stare decisis into a country’s legal system.

The purpose of the study is to determine whether the evidence obtained by officials of the bodies of inquiry before the initiation of a criminal case and during the implementation of urgent investigative actions in criminal cases, for which preliminary investigation is mandatory, is admissible.

The methodological basis of the research is the universal dialectical method of scientific cognition, which made it possible to study the subject of research in relation to other legal phenomena, as well as general scientific methods of cognition (analysis, synthesis, induction, deduction) and private scientific methods of cognition.

Conclusions. Evidence obtained before the initiation of a criminal case in accordance with Article 144 of the Code of Criminal Procedure of the Russian Federation, as well as in the order of urgent investigative actions in criminal cases in which the preliminary investigation is mandatory (art. 157 of the Code of Criminal Procedure of the Russian Federation) by operatives, district police officers, other officials of the bodies of inquiry who are not interrogators who have accepted materials for their production, and do not have a written order to conduct a specific investigative action from the head of the body of inquiry, are inadmissible and cannot be used in criminal proceedings.

Existing theories about the classification of the criminal procedural form have undergone significant changes in the modern world. Relevant is the allocation and legal definition of new forms of criminal procedure, because the rapid development of new technologies and the penetration of digitalization in all spheres of social life dictate new conditions for the implementation of justice in criminal cases.

Purpose of the work: to develop new approaches to the typology of criminal procedural forms, to formulate prospects for the development of remote forms in criminal proceedings, as well as forms using artificial intelligence.

Results, brief conclusions. Having studied the genesis of theoretical ideas about the criminal procedural form, the main approaches to its classification, we can conclude that its nature has changed due to the transformation of traditional concepts about the procedures for disclosure, investigation and consideration of criminal cases in court. Therefore, the author’s classifications of forms of criminal proceedings were proposed, their features were studied, characteristic features and prospects of consolidation in the modern criminal procedure law were identified.

The article examines the essential features of banking supervision: one of the directions of public financial activity; implementation by a subject performing the functions of a state body (the Bank of Russia) in relation to certain entities – credit institutions; during banking supervision, compliance of the activities of supervised entities with the norms of banking legislation and acts of the Bank of Russia is assessed; has specific goals; is regulated by the norms of financial law. The definition of banking supervision is  formulated and the main powers of the Bank of Russia in this area are highlighted. The practice of considering disputes in the field of banking supervision by arbitration courts is analyzed, categories of cases are identified, and a conclusion is made about the expediency of publishing a Review of the Supreme Court of the Russian Federation on the issues of dispute resolution in the field of banking supervision.