Russian Journal of Legal Studies (Moscow)

The author analyzed the current criminal, criminal procedure and other related legislation on the issue of determining the current state of the procedure for the conversion of property obtained by criminal means into state ownership.

Particular attention is paid to the development of legislation on the confiscation of property, as well as special regulation of mechanisms for undermining the material basis of terrorism, extremism and corruption.

Taking into account the work done, a conclusion was made about the existence of hybrid mechanisms in relation to criminal procedure for the conversion of property obtained from tortious manifestations into the ownership of the Russian Federation.

The author comes to the conclusion about the need for the purposes of restoring social justice in a society suffering from crime, to continue the development of hybrid proceedings, including through the seizure of “unexplained” income of citizens.

The presented work is focused on the semiotics of law as a separate sphere of legal knowledge, which has a direct outlet to practice in the sense of relevant construction of signs in the form of terms, concepts, definitions, and scientific paradigms. The author refers to the evolution of the semiotics development, highlighting the main stages and key achievements that have become axioms to date. At the same time, the main components of semiosis are defined as a process, a way of the meaning cognition through a sign. Interpretation, which gives meaning to signs, which contributes to the cognition of the Other, is one of the main aspects in the process of cognition of signs. In the process of research, the author directly refers to legal semiotics, since law represents an endless system of signs and meanings that acquire sense through interpretation. The article attempts to substantiate the practical significance of semiotics for jurisprudence.

The article examines the concept, structure, content, and place of right of emission in the system of Russian law. It is emphasized that right of emission is not a legal and regulatory, or a doctrinal concept. In essence, its content is associated with such phenomena as state sovereignty and, accordingly, the sovereign rights of the state. Therefore the conceptual approach to defining the boundaries of the right of emission should be based on understanding that the right of emission is the exclusive right of the state as an entity of power, which implements it based on its own imperative regulations, primarily general legal norms of a declarative, fundamental nature, or through power relations of a public rather than private nature. Accordingly, the right of emission cannot include accompanying institutions, namely cash circulation and cashless transfers as such. However it is obvious that the structure of the right of emission should include norms establishing the organization of cash circulation and the organization of cashless transfers.

The article provides a systematic interpretation of Article 75 of the Constitution of the Russian Federation and a number of articles of the Federal Law “On the Central Bank (Bank of Russia)”. It is concluded that the right of emission is primarily the currency issue right. It includes five blocks of legal norms which include those establishing 1) the monetary unit of the Russian Federation; 2) the currency issue (banknotes and coins); 3) the organization of cash circulation; 4) the redemption of banknotes and coins from circulation; 5) the provision of banknotes and coins and the protection of stability of the ruble. In addition, the right of emission includes the institution of organizing cashless transfers which constitutes the block 6 of the right of emission norms, which includes those establishing the rules, forms, and standards of cashless transfers.

In general, the right of emission in the Russian legal system represents a complex inter-branch legal community consisting of the norms of financial, civil, and criminal law.

The article is studies the procedure for fulfilling a tax obligation by a third party. The author classifies the procedure for fulfillment into mandatory and initiative. In this work, with regards to the established judicial practice, the grounds for involving third parties in the mandatory fulfillment of a tax obligation are identified, and the legal structure necessary for this is highlighted. Then the author focuses on the problems of initiative fulfillment of a tax obligation by a third party. He identifies various forms of abuse of rights in the fulfillment of a tax obligation by a third party and suggests ways to counter them.

This article examines the features of the implementation of sovereignty through the prism of the relationship between the functions of states, international organizations and integration associations. Sovereignty has traditionally been one of the key principles of international law and the basis of state power. However, in the modern world it faces a number of restrictions caused by globalization, international integration and the activities of multilateral organizations.

The author explores sovereignty, focusing on how the functions of interstate organizations relate to the functions of member states. The article analyzes examples from the activities of such organizations as the Union of the Russian Federation and the Republic of Belarus, the Commonwealth of Independent States, and the European Union, which allows us to identify the main trends and contradictions in this process. Particular attention is paid to aspects that limit the sovereignty of the state, such as obligations under international treaties and others. Also, in the course of the study, the author comes to highlight aspects that are decisive in the issue of the relationship between the functions of international organizations and the functions of their member states, for example, the traditionally established substantive nature of the activities of any state in the most important spheres of public life.

Thus, this article contributes to the understanding of modern sovereignty, emphasizing the need for an integrated approach to the study of its implementation through the interaction of national and transnational structures. The study highlights the importance of balancing the preservation of national independence and effective cooperation in the international arena.

The article discusses the purpose and normative potential of the constitutional principle of equality of entities of the federation for the purposes of legal regulation of inter-ethnic relations in the Russian Federation. In combination with other constitutional provisions and principles, it provides constitutional and legal influence on the field of inter-ethnic relations. At the same time, the principle under consideration is a unique example of a legal solution in the field of federal and inter-ethnic relations, since it is applied to a mixed-type federation.

It is emphasized that the equality of entities of the Russian Federation is implemented both through the application of provisions directly formulated in the text of the Constitution of the Russian Federation and based on the interpretative activity of the Constitutional Court of the Russian Federation.

The study proves the dichotomy of the constitutional principle under consideration, which implies the simultaneous existence and interaction of the institutional and substantial components. Each of the components has its own purpose, collectively ensuring the proper balance between normative stability and the dynamics of legal regulation of inter-ethnic relations.

Under conditions of the achieved stability of the architecture of federal relations in the Russian Federation at the current stage, the dynamics of regulation of inter-ethnic relations is ensured through the implementation of powers by the entities of the Russian Federation on subjects of joint jurisdiction. The main focus is on solving such issues as the implementation of state national policy on the territory of the Russian Federation entity, the protection and development of the languages of the peoples of Russia, and maintaining ethno-cultural diversity for the purposes of training, education, and creativity.

The authors identified a tendency towards the normative adoption of the constitutional principle of equality of entities for the purposes of regulating inter-ethnic relations through rule-making by the entities of the Russian Federation using the example of the development of the regional identity foundations.

Aim. The study aimed to substantiate the need to ensure transparency of the interim assessment of evidence performed by the court. This work criticizes the approach that allows discretion of the court when deciding whether to offer parties to the case to submit additional evidence. The arguments given by supporters of the passive role of the court in the process of assessing evidence are recognized as erroneous, since a public preliminary assessment of the reliability and sufficiency of evidence will not lead to a violation of the adversarial principle, but on the contrary, will provide conditions for its most complete implementation, will contribute to a comprehensive, complete and correct clarification of the case actual circumstances.

Conclusions. When considering a civil dispute, it is the court that should set the vector of evidentiary activity, determine the directions of collecting, examining and assessing evidence by disclosing the results of their interim assessment. The work proposes to amend the procedural legislation, namely to establish the court’s obligation to offer persons participating in the case to submit additional evidence if there are doubts about its reliability and (or) sufficiency.

In the article, the author proposes to pay attention to possible ways of developing a scientific discussion regarding the application of Article 217 of the Criminal Code of the Russian Federation, which establishes liability for socially dangerous violation of industrial safety rules at certain facilities.

Having analyzed statistical indicators of the occurrence of man-made emergencies, as well as statistics on the work of courts of general jurisdiction in criminal cases of the category under consideration, the author emphasizes the need to strengthen the criminal-law protection of hazardous industrial facilities.

For these purposes, it is proposed to pay special attention to special legislation which in itself is quite complex, and its application should exclude cases of ignoring the facts of criminal attitude of authorized persons to the performance of their duties.