Juridical Journal of Samara University

Semyon Abramovich Sheifer – a renowned procedural scientist, honorary professor and honorary head of the Department of Criminal Procedure and Forensic Science at Samara State University, Doctor of Laws, honored Lawyer of the Russian Federation, holder of the Orders of honor and Friendship – would have turned 100 on December 28, 2024.

The article examines the problem of «qualified silence» through the prism of standard-setting legal techniques. In the context of the analysis of the norms of current legislation, acts of the Constitutional Court and the Plenum of the Supreme Court of the Russian Federation, the author emphasizes the importance and productivity of «qualified silence» as a legal and technical technique for improving the effectiveness of legal regulation. In an effort to determine its role in the normative toolkit and analyze the ways of its application, an attempt has been made to distinguish «qualified silence» depending on the level of the law-making subject, the volume of expression and the presence of the interpretative position of the highest judicial instances. The relevance of this issue is due to the widespread use of «qualified silence» in the texts of normative acts in the absence of a clear and generally accepted position regarding its concept, essence, content and forms of manifestation. The presented conclusions can contribute to further in-depth research of «qualified silence» using the proposed differentiation

Artificial Intelligence currently exerts a significant influence on all areas of public life. In the legislative process, the use of Artificial Intelligence also opens up great potential. Artificial Intelligence can support and participate in various stages of the process. However, the application of Artificial Intelligence in the process of lawmaking faces a number of serious challenges. This article analyzes the use of Artificial Intelligence in the legislative process in several countries around the world, with the aim of further assessing and offering recommendations on the prospects of applying Artificial Intelligence in the lawmaking process in Vietnam.

The article provides a comprehensive analysis of the legal status of consumer cooperatives in the housing sector, identifies the features and identifies the problems of legal regulation of the activities of hotel types of cooperative organizations. The authors noted the advantages and disadvantages of the studied form of attracting citizens’ funds for the construction and purchase of residential premises. The study shows the benefits established for cooperatives established with the support of the state, it is proposed to extend a number of such advantages to other cooperatives in the housing sector, taking into account their consumer orientation and the social importance of the housing industry. The paper considers the issues of participation of cooperatives in the management of apartment buildings, and recommends ways to modernize legislation in this area. It is emphasized that the management activities of housing and housing construction cooperatives clearly need to be expanded and detailed legal support at the stage of participation in the cooperative of owners.

The article analyzes section VI of the Criminal Code of the Russian Federation «Other measures of a criminallegal nature» from the perspective of institutionalization of the measures provided for in it. The possibilities of expanding the legislative list of other criminal law measures are considered. It is proposed to supplement the list of other criminal law measures with compulsory educational measures, as well as a ban on holding the position of head of a commercial organization or acquiring the status of founder of such an organization, an individual entrepreneur, as well as the deprivation of such a position and/or such status in relation to a special subject of economic crimes (when carrying out entrepreneurial activities). The recommended quantitative characteristic of the last measure is a period of 1 to 3 years. The conclusion is made about the unification of other criminal law measures within the framework of restorative criminal law relations by highlighting as their common and priority characteristics the goal of compensating for the damage caused by the crime committed, or eliminating the direct or indirect cause of its commission. Another conclusion is that other criminal law measures are not an independent, complexly structured institution of criminal law; each of the chapters of section VI of the Criminal Code of the Russian Federation has its own corresponding institution. The article uses the results of a sociological survey conducted by the author in 2024 on the topic «Properties of the subject of a crime to be taken into account when prescribing other measures of a criminal-legal natur». Employees specializing in criminal law issues were interviewed, including 61 judges, 74 investigators, 180 employees of the prosecutor’s office; 106 people with legal education, but not holding positions in the judicial system and law enforcement agencies; a total of 421 people.

The author set the goal to answer the question about the relevance of the concept of evidence formation developed by Professor S. A. Sheifer for special procedures of judicial proceedings. To achieve this goal, the author analyzed the features of proof in special procedures. The author comes to the conclusion that the concept is relevant for pre-trial proceedings preceding special procedures enshrined in Chapters 40 and 40.1 of the Code of Criminal Procedure, although he notes that the materials of the preliminary investigation of a case for which an agreement was concluded with the accused consist not only of evidence collected by the investigator himself, but also of information obtained outside the framework of the selected case. The abbreviated inquiry of this concept does not follow, since information obtained by non-investigative means serves as evidence. In the special procedures themselves, direct proof is carried out fragmentarily, although for the most part it is replaced by the judge studying the materials of the criminal case. As a result, the court experiences significant difficulties in forming an idea of the proof of the charge.

The author provides an analysis of the inquiry in an abbreviated form as one of the types of compromise and at the same time special simplified procedures of criminal proceedings. The given practical analysis of the procedure of Chapter 32.1 of the Criminal Procedure Code of the Russian Federation gives grounds to speak about the tendency to significantly reduce the cases of investigation and resolution of criminal cases in the abbreviated form of inquiry. However, there are a number of prerequisites and requests of practice for simplified compromise forms of resolution of criminal-legal conflict. The conducted retrospective analysis of domestic legislation revealed the necessary conditions and forms of investigation of minor crimes committed under obviousness conditions. Significant similarities are shown between the inquiry of minor crimes according to the provisions of the Charter of Criminal Procedure of 1864 and the protocol form of pre-trial preparation of criminal case materials of 1964. The need to transfer verification materials from the stage of initiation of a criminal case on minor crimes directly to the justice of the peace is substantiated. Two forms of investigation of such crimes are proposed depending on the obviousness conditions.

Innovations in the sanctions regulation of foreign countries have activated rapid and forced changes in Russian counter-sanctions legislation as a priority measure. The article attempts to determine the legal nature and essence of Russian counter-sanctions through the disclosure and comparison of institutions of international public and private law. The main purpose of the article is to analyze the legal content of Russian counter-sanctions. At the same time, it seems impossible to fully achieve this goal without disclosing the content of international sanctions, since counter-sanctions, in their broadest sense, can be considered as a type of international (unilateral) sanctions. To achieve this goal, the author used both philosophical and general scientific methods of cognition, as well as methods specific to legal science. The main theoretical basis of the research was the works of domestic and foreign scientists in the field of private and public international law. Revealing the concept of counter-sanctions through the institutions of public international and private international law, the author comes to the conclusion that Russian counter-sanctions contain signs of institutions of private international and public international law. At the same time, we can talk about the obvious private law effect of counter-sanctions regulation.

The legal nature of the means of committing crimes in the field of computer information under the criminal legislation of the Russian Federation and Turkmenistan is examined in a comparative manner. A general description of the means of committing crimes in the field of computer information is given, their modification and classification are described. Taking into account the complex of grounds (information technology, international law, national law and doctrinal nature), the author’s division of the means of committing crimes in the field of computer information is proposed into: computer programs (including malicious ones) or other computer information (Articles 272, 272¹, 273, 274, 274¹ of the Criminal Code of the Russian Federation, 373, 374, 375, 379 of the Criminal Code of Turkmenistan); computer devices and other means of storing, processing or transmitting computer information (Articles 274, 274-1 of the Criminal Code of the Russian Federation, 373, 374, 375, 377 of the Criminal Code of Turkmenistan); information and telecommunication networks, including the Internet and public communications networks (Part 6 of Articles 272¹, 274, 274¹, 274² of the Criminal Code of the Russian Federation, 373, 374, 375, 376, 377, 379 The Criminal Code of Turkmenistan). It is concluded that theoretical and applied study of legal nature of the means of committing crimes in the field of computer information is an important component of countering criminal encroachments in this area, increases the effectiveness of preventing crimes of this category.