Ogarëv-online
Media registration certificate: ЭЛ № ФС 77 – 52910 от 20.02.2013
Founder: National Research Ogarev Mordovia State University
Editor-in-Chief: Aleksandr M. Davydkin, PhD
Frequency / Access: 16 issues per year / Open
Included in: RISC
Current Issue
Vol 12, No 1 (2024)
Статьи
Sham and fraudulent transactions in civil law
Abstract
Among the many types of invalid transactions encountered in practice, special attention in civil law is paid to sham and fraudulent transactions. This article examines and analyzes the judicial practice of invalidating transactions on the grounds of being fraudulent provided for in Article 170 of the Civil Code of the Russian Federation.
Assessing the means of providing qualified legal assistance by a defence lawyer when interroging an accused in pre-trial proceedings
Abstract
The mechanism for implementing the constitutional right to qualified legal assistance in criminal proceedings provides for procedural and tactical means used by the investigator and defence lawyer. A study of the practice of using these means when interrogating an accused at the stage of preliminary investigation revealed problems in the implementation of the accused’s right to a meeting with a defence lawyer, to receive brief consultations, etc. The authors propose to approach the solution of these problems from the position of ensuring the rights and legitimate interests of the accused as a participant in criminal proceedings, as well as taking into account the tactical features of interrogation as a method of receiving information significant for the investigation.
Problems of organization of the judicial system of the Russian Federation
Abstract
The subject of the research is the сcurrent problems of organizing the Russian judicial system. The article presents an analysis of a number of shortcomings of legal regulation relating to the organization of the Russian judiciary power as well as some problems of the judicial practice based on statistical data on the work of courts in considering criminal cases.
Inspection of objects and documents in Russian criminal procedure
Abstract
The essence, content and significance of the inspection of objects and documents in the system of procedural actions in the Russian criminal procedure are considered. On the basis of law enforcement practice, violations of the criminal procedure law during the inspection of objects and documents during pre-trial and judicial proceedings in a criminal case are analyzed.
Judicial investigation in the court of appeal when reviewing final court decisions in criminal cases
Abstract
The current practice of criminal appeals indicates the imperfection of legislative regulation in the Code of Criminal Procedure of the Russian Federation of this procedure in relation to final court decisions. The authors of the article believe that the reason for this is that the law does not provide for a mandatory judicial investigation in the court of appeal. The introduction of the judicial investigation as a mandatory element of the structure of the trial in the court of appeal will help achieve the objectives of the appeal proceedings, the realization by participants of this stage of the criminal process of their rights and legitimate interests, and ultimately – the achievement of the purpose of criminal proceedings.
The amount of income as element of financial crimes: problems of interpretation and application
Abstract
The article considers the characteristics of income as an element of crimes in the field of economy. The research reveals a number of difficulties in understanding this element of crime, such as the lack of conceptualization and definition in criminal legislature, the ambiguity of the positions of courts and competent authorities on the issue of determining the amount of income.
Independence of judges and their subordination only to the Russian Сonstitution of and federal law
Abstract
The article examines such an important principle of justice as the independence of judges and their subordination only to the Constitution of the Russian Federation and federal law. The provisions of the current legislation that enshrine this principle are analyzed, and guarantees are identified that ensure the practical implementation of the principle. Based on the analysis of statistical data, it was concluded that there are certain difficulties in the functioning of the judicial system of the Russian Federation, which the federal program “Development of the Russian Judicial System for 2013 – 2024” is aimed at eliminating.
Legal regulation of labour migration between Belarus and Russia
Abstract
The article deals with some aspects of migration policies of the Republic of Belarus and the Russian Federation. The reasons for labour migration, features of migrants’ employment and the measures to increase the appeal of labour activities in the Union State are considered.
Publicity as principle of criminal court proceedings
Abstract
The article examines the essence, content and significance of the principle of publicity. The authors conclude that transparency is an independent principle of the criminal procedure, ensuring the effectiveness of criminal court proceedings. The implementation of the principle of transparency strengthens the authority of the judiciary. The authors analyze scientific positions on the issue under study. The results of a study of the court practice on types of violations of the principle of publicity are presented.
The Union state of Russia and Belarus: state building and prospects
Abstract
The article presents an analysis of the legal framework and methodology of the building of the Union State of Russia and Belarus. The Union State has its own list of normative documents (agreements) that establish the legal basis for building the state structure of the Union State. At the same time, it is noted that the initiative to create and implement the idea of the state formation under analysis should not necessarily be represented in individual sectors of the social system of each state due to the existing differences in their state structures.