Ашық рұқсат
Рұқсат берілді
Тек жазылушылар үшін
Том 1, № 1 (2022)
Articles
About the Journal “Lobbying in the Legislative Process”
Lobbying in the Legislative Process. 2022;1(1):9-11
9-11
Interv'yu s Ivanovym Nikitoy Georgievichem, doktorom yuridicheskikh nauk, professorom, Zasluzhennym yuristom RF, pochetnym rabotnikom vysshego professional'nogo obrazovaniya RF, polkovnikom militsii v otstavke; professorom kafedry ugolovnogo prava i kriminologii Vserossiyskogo gosudarstvennogo universiteta yustitsii (RPA Minyusta Rossii); ekspertom ONF
Lobbying in the Legislative Process. 2022;1(1):12-17
12-17
Lobbying as a Way of Manifesting Public Goals: The Experience of Foreign Countries
Аннотация
The article is devoted to the study of foreign experience of using lobbying as a way of aggregating public goals. The author substantiates the relevance of this topic for the formation of modern assessments of the importance of the institution of lobbying in state legal practice, as well as for determining the possibilities of its legislative regulation. The article analyzes the conceptual model of lobbying as a form of public goal-setting through the prism of the functioning of civil society institutions in Western European countries and the states of North America. The Asian experience of the existence and functioning of these institutions in the mechanism of manifestation of lobbying is also considered. Based on the fact that social relations depend on the structure of society and are the result of direct social communication, collective in nature, their dependence is substantiated, among other things, on everyday consciousness, which is capable of succumbing to lobbying influence. Meanwhile, individual human activity has a conscious and purposeful character; it defines goals, objectives and - last but not least - the conditions that must be met in order to meet certain needs in order to achieve goals and objectives. Particular emphasis is placed on substantiating the proposition that the formed personal value orientations affect the quality of human relations in the context of the functioning of civil society institutions.
Lobbying in the Legislative Process. 2022;1(1):18-24
18-24
The Right of the Child to Payments of a Social Type: Features and Problems Enforcement
Аннотация
Purpose of the study. In this article, the author analyzes the general theoretical and practical problems associated with the enforcement of social norms aimed at paying pensions to children, in particular survivors’ pensions. The author proves that the right to pension provision in case of loss of a breadwinner is the most important constitutional right of citizens, including children, and is a kind of their property rights. The article substantiates the conclusion about the need to highlight the independent status of the child - the social status, the content of which is determined depending on the influence of his individual criteria, namely, age, marital status, health status, etc. the system of legal facts necessary for the emergence of the child’s right to receive social payments.
Lobbying in the Legislative Process. 2022;1(1):25-31
25-31
The Ratio of Standardization and Heuristics in Forensic Science
Аннотация
The article considers forensic expert activity as a process, which from the point of view of the management system is a set of interrelated standard operations and a creative approach, due to the specifics and novelty of the research objects, the specifics of the tasks assigned to the expert by the customer, as well as different levels of development of methodological support for genera and types of forensic science.
Lobbying in the Legislative Process. 2022;1(1):32-35
32-35
Executive Authorities of the Federal Service Execution of Punishments and Their Criminal Procedural Powers (Options for Resolving Procedural Issues)
Аннотация
Separate norms of the Criminal Procedure Code of the Russian Federation, federal laws, decrees of the President of the Russian Federation are analyzed in order to establish executive authorities in the system of the Federal Penitentiary Service of Russia, endowed with the authority to carry out operational-search activities and are inquiry bodies, determine their criminal procedural powers. Author’s solutions of procedural issues are proposed, allowing to streamline the criminal procedure activities of the head (head) of the inquiry body - the executive authority of the penal system.
Lobbying in the Legislative Process. 2022;1(1):36-42
36-42
Procedural Features of the Use in Proving the Results of Operational Investigative Activities in Cases of Crimes Against the Personal Rights and Freedoms of Man and Citizen
Аннотация
The article considers the procedural features of the use in proving the results of operational investigative activities in cases of crimes against the personal rights and freedoms of man and citizen. Attention is focused on the established judicial practice regarding the use of technical means in the production of operational investigative measures.
Lobbying in the Legislative Process. 2022;1(1):43-46
43-46
Exemption from Criminal Liability with a Judicial Fine: Review of Judicial Practice
Аннотация
The article is devoted to the consideration of one of the types of the institution of exemption from criminal liability - with the appointment of a judicial fine. The analysis of some types of crimes for which judges stop criminal cases with the appointment of a judicial fine is carried out. Errors were revealed in the decision-making by judges when terminating criminal cases on the considered type of exemption from criminal liability. According to the author, the interests of justice lie not only in sending the criminal case to court, but also in restoring the relations violated by the crime, in compensating the victim for the harm caused. At the same time, it is necessary to take into account the social danger of the committed crime and the personality of the perpetrator.
Lobbying in the Legislative Process. 2022;1(1):47-50
47-50