Gaps in Russian Legislation
Peer-review research journal issued 7 times a year.
Publisher
Editor-in-chief
- Vladimir Vs. Chistyakov, Professor, Publishing House «Yur-VAK», Moscow, Russian Federation
About
The editorial policy of the Publishing House «Yur-VAK» is based on the principles formulated by the Committee on Publication Ethics and complies with the Code of Ethics for Scientific Publications of non-profit organization «Committee on the Ethics of Scientific Publications». All articles published in the journal undergo double peer review, and are also checked by the Anti-Plagiarism program at the RSCI and RSL bases. Detailed review rules are presented on the website of the Publishing House «Yur-VAK» www.urvak.ru.
The journal publishes peer-reviewed scientific articles on the following scientific specialty:
- Jurisprudence
The journal is published with the participation of:
- Lomonosov Moscow State University
- Russian Presidential Academy of National Economy and Public Administration (RANEPA)
- Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of Russia
- Financial University under the Government of the Russian Federation
Indexation
In accordance with the decision of the Presidium of the Higher Attestation Commission of the Ministry of Education and Science of Russia dated 12.28.2018, the journal «GAPS IN RUSSIAN LEGISLATION» is included in the List of leading peer-reviewed scientific journals and publications in which the main scientific results of dissertations for the degree of candidate and doctor of sciences should be published (http://vak.ed.gov.ru/).
- Russian Science Citation Index (RSCI)
- East View Information Services
- Ulrichsweb Global Periodicals Directory
- CrossRef
- Dimensions
- Google Scholar
最新一期
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卷 17, 编号 3 (2024)
Theoretical and Historical Legal Sciences
From the Concept of the Draft Police Charter of the Russian Empire to Its Structure and Content: Views of Members of the Commission of Senator A.A. Makarov (1906-1917). Part 6. Suppression by the police of the Russian Empire of the illegal manufacture, acquisition, storage, carrying, movement and sale of explosives and weapons
摘要
The article takes up the complex of laws of the Russian Empire, the legal norms that made up the draft Police Charter, developed by a commission on behalf of the Chairman of the Government of the Russian Empire under the leadership of Senator A.A., are considered. Makarova. The proposed procedures for citizens to obtain certificates (permits) that allowed them to purchase, store, and carry weapons are shown, and categories of the population to whom such a right could not be granted are identified. Attention is focused on the regime for ensuring public safety during the circulation of civilian weapons. The content of the norms of individual legislative acts that provided for punishment for failure to comply with the regulations that make up the rules for handling weapons is briefly given. The article presents selected statistical data characterizing modern arms trafficking. As well as the norms of federal laws obliging the Russian Guard and the Ministry of Internal Affairs of Russia to ensure the legality in the sphere of circulation of civilian weapons in the Russian Federation and to suppress crimes involving their use.
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Retrospective Assessment of the Practice of Implementing the State of Emergency in Russia with Proposals for Improving Its Legal Rationality
摘要
The article considers the problem of improving the special legal regime of the state of emergency. As a solution to this problem it is proposed to change a number of articles of the Federal Constitutional Law of the Russian Federation No. 3 of May 31, 2021.
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«Cholera Riot» in St. Petersburg in 1831 and the Police: Who Is to Blame?
摘要
The article describes the events associated with the «cholera riot» in St. Petersburg in June 1831. However, the authors did not limit themselves to describing these events. Based on a number of sources, they analyzed the situation that preceded them. The article reveals the causes of the cholera pandemic that covered a significant part of the territory of the Russian Empire in 1829–1831 and the measures taken by the government to counteract the spread of cholera. The article also describes the «cholera riots» that took place in other regions of the Russian Empire. The subject of this research is the normative legal acts regulating the implementation of sanitary and police measures in the Russian Empire during the period under review, materials of periodicals, and archival documents. Within the framework of the research methodology, using historical-legal, comparative-legal and comparative-historical methods, the analysis of the state's activities to ensure sanitary and epidemiological measures is carried out. According to the authors, the conclusions drawn from the investigation of the causes of the «cholera riot» about the provocation of riots by police officers were largely not objective. The causes of the «cholera riots» were the shortcomings of the existing system of sanitary and epidemiological surveillance and the health care system as a whole.
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Transformation of the Land Use System in Russia in the Late XIX – Early XX Centuries
摘要
The purpose of the research: The article examines the main stages of the transformation of the Russian land use system in the late XIX – early XX centuries. The article analyzes the legal acts that make up the legislative framework for the Stolypin land reform, the activities of public authorities, as well as other institutions that ensure the transformation of the land management system. The purpose of the study is to identify patterns and trends in the development of the land use system in Russia in the late XIX – early XX centuries, as well as the impact of the Stolypin land reform on the modernization of agriculture and overcoming the negative consequences of the peasant reform of 1861. Results. The land use system in Russia at the end of the 19th century was complex and diverse, reflecting the transition period from feudal structures to more modern agrarian relations. After the abolition of serfdom in 1861, there were significant changes in the distribution and use of land. Stolypin land reform had a huge impact on the transformation of the land use system in Russia. It laid the theoretical and normative foundation for the development of land management, gave impetus to the modernization of agriculture and the economy of the country as a whole.
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Public Law (State Law) Sciences
Legal Regulation in the Field of Cybersecurity of Intelligent Transport (Foreign Experience)
摘要
At present, intelligent transport is a critical part of the modernization of the transport industry around the world. An intelligent transport system combines information technology, electronic technology, data transfer technology and system engineering technology to realize intellectual features, coordinate the elements of traffic system and create an integrated management system for transport, therefore making it a subject of critical information infrastructure.
In this regard, data security and its protection from cyber attacks becomes a prerequisite for ensuring reliable and efficient operation of transport systems.
In fact, with the development of new energy vehicles and intelligent connected vehicles, in addition to protecting user privacy data, the security of the entire complex of smart transportation data becomes extremely important for the automotive industry, since the security concerns of their networks and data are already closely related to public safety. In this regard, many countries recognize the need for security regulations governing intelligent transport systems. The People's Republic of China is no exception in this sense. Within the country, the security system for the Internet of Vehicles (IoV) is based on regulations at various levels, which are constantly being improved as intelligent transport system develops.
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Conceptual Model of Legal Regulation of Digitalization of Rights and Freedoms in the Russian Federation
摘要
The purpose of the research is to form a conceptual model of legal regulation of digital rights and freedoms in Russia. The article considers the problems of implementation of legal regulation of the process of digitalization of rights and freedoms. Despite the popularity of the stated research topic, today there is no unified comprehensive approach to the regulation of this sphere. Significant lag of the legislator from technological progress predetermines the need to rethink the approaches to the stated topic available in legal science. Results. For the reason that technologies offer different opportunities, the most correct is the differentiation of legal regulation of digitalization of rights and freedoms by the specified criterion. Thus, if an action committed in the digital space has an analog in the offline world, there is no need to create a new legal category, in this case it is necessary to amend the existing normative provisions. If there is no offline analog, it is more logical to talk about a new legal regulation within a separate field of law. The presented hypothesis was confirmed in this research through the analysis of such generalized categories as "digital life" and "digital immortality".
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The Right to Restrict and Encumber Electricity Grid Facilities
摘要
The purpose of the study. The article examines individual elements of the legal regime of land plots occupied by energy facilities: encumbrance of the land plot and restriction of rights. The purpose of the study is to identify the features of encumbrances and restrictions in relation to land plots occupied by electric grid facilities. Conclusions. Statistical data on lands occupied by energy facilities is provided. The forms of encumbrances have been identified: lease, public easement, and restrictions - zones with special conditions for the use of territories.
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Private Law (Civil) Sciences
Legal Protection of the Environment in the Arctic Zone of Russia with the Development of the Extractive Sector of the Economy
摘要
The article considers the main aspects of legal environmental protection in mining in the Arctic zone of the Russian Federation. The existing environmental problems are highlighted, the issues of implementing effective legal mechanisms for environmental protection and business regulation are considered, as well as key theoretical concepts in this area, such as "legal environmental protection", "environmental risk", "environmental insurance". The necessity of adopting a special law in the field of legal environmental protection of the Arctic zone of the Russian Federation is indicated.
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Method of Legal Regulation and Turnover of Low-Rise Housing Stock in Russia
摘要
Purpose of the study. This article is a continuation of the author’s study of the legal regime of low-rise housing stock in Russia. The purpose of the current study is to highlight the distinctive features of such features of the legal regime as the method of legal regulation of legal relations (imperative/dispositive) and the ability of objects to be circulated. Conclusions. The analysis showed that when considering these features of the legal regime in relation to the low-rise housing stock of Russia, the application of the principle of analogy of law is characteristic, expressed, in particular, in the complementary use of both imperative and dispositive methods of legal regulation. The study of the ability of objects to turn over as a sign of the legal regime made it possible to note the absence of clear distinguishable characteristics of low-rise housing stock, with the exception of the allocation of apartment buildings within the framework of social tenancy agreements into a separate category.
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The Impact of Evasion of Contract Signing on the Business Activities of the Customer and the Participant in Public Procurement
摘要
The purpose of the research. The article considers the issue of recognizing the participant who submitted the only application for participation in the procurement as a result of competitive methods of determining a supplier (contractor, executor) as an evader of contract conclusion. Proposals are made to improve the legislation on the contractual system in the sphere of procurement in terms of fixing the possibility of concluding a contract between the customer and the participant who evaded the conclusion of the contract in the absence of intent due to the occurrence of objective reasons. To achieve this goal, the authors analyze the practice of the Federal Antimonopoly Service of Russia and its territorial bodies concerning the issue of the absence of intent of the participant from evading the conclusion of the contract. The scientific innovation of the work consists in the authors' attempt to comprehensively consider the legal regulation and law enforcement practice in the case of evasion of the sole participant of the procurement from the conclusion of the contract and the impact of this fact on the customer's ability to maximize the use of available resources allocated for the relevant financial year to meet the need for the acquisition of goods, works, services in a timely manner. Results. At present, there are numerous cases of failure of a procurement participant to sign a contract in a timely manner due to an unforeseen situation in the absence of a real intent to evade the conclusion of the contract. As a result of consideration of the case, the control body does not include such a participant in the register of unfair suppliers (contractors, executors), but also the possibility for the customer to conclude a contract with such a participant at the legislative level is not provided. In order to eliminate this gap, the authors propose to grant the relevant right to the customer to conclude a contract, fixing it at the legislative level.
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On Civil Law Aspects of Recovery of Losses for Non-Payment of Taxes by an Organization from Its Controlling Person
摘要
The purpose of the study is to the identification the essence of the "civilistic" approach to the compensation of pecuniary damage for non-payment of taxes through the fault of persons controlling the organization, as well as related legal consequences of the latter. Based on the analysis of legal doctrine, law enforcement practice on this issue, as well as the positions of the Constitutional Court of Russia, the conclusion is made about the subsidiary nature of the state's claims to the persons controlling the organization, through whose fault the budget was deprived of tax revenues. As a result of the research the substantive legal features of their consideration are determined. The aforementioned features includes: the possibility of compensation for damage at the expense of the controlling entity only if it has an independent property mass in relation to the main debtor; inadmissibility of deprivation of the subsidiary debtor of the right of recourse against the main debtor; the need for an economic link between the offence committed by the subsidiary debtor and the non-performance of the debtor's tax obligations; the need for the existence of an economic link between the offence committed by the subsidiary debtor and the non-performance of the debtor's tax obligations.
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Problems of Formation Economic Basis for the Activities of Sports Organizations to Implement the Leading Functions of Legal Self Organization
摘要
The purpose of the study. The article is devoted to assessing the problems of formation economic basis for the activities of sports organizations to implement the leading functions of legal self-organization. Attention is drawn to the factors that predetermine the need for economic independence of sport, which can also act as a kind of reference test of the level of readiness to carry out self-organization in sport. It is noted that in addition to the actual sports competitions, there are many other segments around sports where points of tension and violations of competition rules arise (when selecting athletes, choosing a place for competitions, determining the territory for the construction of a stadium, purchasing sports equipment). It is clarified that in addition to budget funds, there are some additional sources of financing for sports: donations, various acts of donation and charity, sponsorship, grants. But more important is formation of motives and creation of models for the implementation of active, proactive activities of the sports organization itself, allowing it to obtain the necessary funds. Conclusions. The focus should be on aspects of the NPO's own legitimate activities to generate income necessary to carry out its main work. In this sense, the economic effects and level of commercialization of sports, questions about the amount of budget revenues, donations and other funds received from outside, as heteronomous factors, do not recede into the background, but, in any case, are not so significant.
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The Role of Law in Preserving Traditional Family Values in Modern Russia
摘要
Preservation of peoples of Russia and development of human potential is a priority goal of the National Security Strategy of the Russian Federation, the achievement of which is based on the implementation of tasks to preserve traditional family values, increase the birth rate and create motivation for having many children. Unfortunately, the implementation of the declared priorities is hampered by the following problems: 1) changing attitudes towards marriage as a union between a man and a woman, expanding its characteristics by including cohabitation and homosexual relationships; 2) decrease in interest in entering into a civil marriage among modern youth; 3) deliberate delay by people of reproductive age in realizing their potential for conceiving, bearing and raising children; 4) propaganda through the protection of a woman’s right to abortion, including among and in relation to a potential mother who is faced with a choice; 5) unresolved problems in the field of assisted reproduction against the background of the total number of infertile patients. To solve these problems the following proposals are put forward: 1) to make changes to the Family Code of Russia, where the definitions of “marriage” and “family” should be provided; 2) exclude from legislation a woman’s right to artificial termination of pregnancy outside of social and medical indications; 3) provide for new and extend existing measures of state support for families, including those with children; 4) adopt a separate federal law in the field of reproductive rights and human freedoms, where to develop a conceptual apparatus, regulate the rights of participants in legal relations, establish prohibitions and restrictions based on the parity of private and public interests.
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Criminal Law Sciences
Regulation of Lawmaking in the Fight Against Crime: Problems and Ways to Solve Them
摘要
The author proposes a definition of the concept of lawmaking in the fight against crime as the activity of subjects of development, public discussion, examination, coordination and adoption of draft federal laws related to criminal, criminal procedural, operational investigative, penal, criminological (preventive) legislation.
Considers the background and problems of legislative and subordinate regulation of lawmaking in Russia, the reasons and conditions that contributed to the growing attention of the legislative, judicial and executive branches of government to the regulation of criminal lawmaking. Analyzes the draft federal law «On Amendments to Article 8 of the Federal Law “On the Enactment of the Criminal Code of the Russian Federation”», prepared on the basis of the conclusions of the interdepartmental working group formed by the Ministry of Justice of Russia in March 2023 to prepare proposals for the draft concept of criminal legal policy Russian Federation.
Justifies the need to abandon the idea of consolidating special rules of criminal law legislation in the Introductory Law to the Criminal Code of the Russian Federation in favor of resuming work on the draft federal law “On normative legal acts in the Russian Federation” (Law on Laws).
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Disadvantages of Using Forensic Techniques in the System of Counteraction Factors to the Investigation
摘要
The article states. that the issues of identifying and overcoming opposition to the investigation have attracted and continue to attract the attention of scientists who have devoted a significant amount of work to the study of relevant problems. The materials of the analysis of investigative practice also indicate the existence and necessity of their solution.
Opposition to the investigation is carried out by various actors and in various forms. However, its occurrence is often caused by the inaction of investigators and interrogators. superficially carrying out checks on crime reports. They do not ensure the collection and use of necessary legal and forensic means in establishing their signs, allowing the loss of important information and various objects - carriers of search and evidentiary information, which entails the impossibility of filling in these shortcomings. They are equally obliged to carefully comply with the provisions of the criminal Procedure law on the conduct of investigative and other procedural actions after the initiation of a criminal case, and to make maximum use of the recommendations of private forensic methods for investigating certain types of crimes to ensure comprehensiveness. the completeness and objectivity of their activities, thereby neutralizing attempts to counteract it.
According to the author, the organizational and administrative documents of the Investigative Committee of the Russian Federation and the Prosecutor General's Office of the Russian Federation should focus the attention of investigators more. heads of investigative agencies. Prosecutors are not only responsible for studying them. but also to make full use of private forensic techniques. Reinforcement can ensure: a) more thorough compliance by investigators. investigators of procedural and criminalistic discipline at all stages of pre-trial criminal proceedings; b) a more competent and demanding approach by the heads of investigative bodies, bodies of inquiry, employees of procedural control units of procedural control units. prosecutors to step-by-step analysis and evaluation of materials of pre-trial proceedings; c) prevention and overcoming of obstacles to the investigation caused by its conduct.
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Sabotage in Russian Criminal Law: History and Prospects of Legislative Regulation
摘要
The presented article examines the problem of criminalization of the legal phenomenon of "sabotage", its etymology, conducts a historical and legal study, pays special attention to legislative regulation in the early years of Soviet power, and then during the Great Patriotic War (1941-1945), which, taking into account the increased public danger, in conditions of increasing internal and external external threats have predetermined its inclusion in the Criminal Code, and a distinction is being made from related acts.
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Organizational and Methodological Assistance in the System of Internal Affairs Bodies: Problems and Development Prospects
摘要
Improving the activities of internal affairs bodies is necessary for the effective functioning and development of the Russian state.
Of particular importance in this matter is the interaction of hierarchically subordinate structural units of internal affairs bodies, as well as the effectiveness of the implementation of control powers. This allows you to timely identify problems in the activities of specific territorial units, as well as promptly respond to eliminate them. One of the forms of such response is the provision of organizational and methodological assistance to controlled bodies. The purpose of the presented research is to analyze the current state of the institution of organizational and methodological assistance in the system of internal affairs bodies, identify existing problems, determine ways to solve them, as well as prospects for the further development of this assistance. The author comes to the conclusion that organizational and methodological assistance is of a managerial nature and is focused on assisting the controlled internal affairs bodies and their departments to resolve emerging problems and eliminate negative circumstances affecting the effectiveness of the functioning of the above-mentioned bodies. Attention is focused on the existing problems of providing organizational and methodological assistance. The prospects for the development of the above-mentioned assistance to controlled bodies are noted, as well as the need to consider organizational and methodological assistance as a unified form of assistance provided to internal affairs bodies and their units, since these areas are closely interrelated.
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On the Possibility of Interdisciplinary Analysis of Criminal Proceedings Through the Ideas and Principles of Economic Science
摘要
Criminal procedural law and criminal proceedings are quite often studied in modern legal science in the context of the development of illegal practices of an economic nature. However, at present, the patterns of transformation of economic activity determine not only the specificity of objects and the objective side of illegal acts, but also allow, through economic analysis of law, to expand scientific approaches to the substantive characteristics of the criminal process and legal proceedings. Such an interdisciplinary approach is extremely rarely used in modern scientific research, which determines the relevance of the analysis undertaken. The purpose of the presented research is to identify the peculiarities of the influence of the economy on criminal procedural law and criminal proceedings. The author comes to the conclusion that economic relations currently serve as the basis not only for the functioning of the state, but also the activities of individuals and legal entities are quite often focused on certain patterns of this area. It is noted that modern man is largely reoriented to the principles of economic interaction, and therefore other processes can be perceived through the prism of economic approaches. In this context, the possibility of considering criminal proceedings at the intersection of economics and law is substantiated. Attention is focused on modern views regarding the economic model of the criminal process and legal proceedings, corresponding to modern criminal practice and the perception of the corresponding illegal functioning on the part of the individual, society and the state.
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Comment on the Paradoxes of Scientific, Practical and Official Interpretations and Definitions of Legal Norms Using the Example of the Criminal Code of the Azerbaijan Republic
摘要
This article is devoted to one of the most important issues of legal science - the interpretation of legal norms. Based on the study of doctrinal and official interpretation materials, problematic issues of a theoretical and practical nature are revealed, which negatively affect the quality of the results of the considering scientific and practical activity.
According to the authors of this article, the main reasons for the pressing problems of interpretation of legal norms lie in the destructive nature of the modern methodology of legal science, which we inherited as the “legacy” of the Soviet legal school. As a result of the research, reasoned proposals were formulated to enrich and deepen the fundamental foundations of the methodology of legal science.
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Problems of Implementing the Principle of Subjective Imputation in Criminal Law
摘要
The purpose of the study. The given article examines the concept of «subjective imputation» in Russian criminal law and identifies problems which arise in the process of legal qualification. This leads to the necessity of developing the author's understanding of the concept and essence of subjective imputation.
Conclusions. Based on current legislation, the author of the article points out that the subjective imputation is a principle of criminal law that should not be violated in judicial practice. With this understanding the author does not pretend to cover all aspects of the chosen topic for research, but rather focuses on specific issues related to violations of the principle. In this regard, the study emphasizes the importance of implementing the principle of subjective imputation in the qualification of continued crimes, it is also noted that there is inconsistency in the explanations of the Plenum of the Supreme Court of the Russian Federation which regard to the different types of crimes. Therefore, it is suggested that the rules for qualifying ongoing crimes should be unified accordingly to the principle of subjective imputation rather than being ruled by the actual circumstances of the case, which are often the result of objective imputation. Explanations regarding to the value of stolen property are inconsistent with the principle of subjective imputation when it is substituted by a lesser value fraud mechanism. In conclusion, it is elicited that a deviation from the principle of subjective imputation through legal judicial interpretation creates a threat to the rights and legitimate interests of individuals, violating their rights and undermining legality and order in society. This can lead to arbitrary interpretation of the criminal law, which can sometimes be applied differently in various cases.
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Artificial Intelligence in Forensic Automotive Expertise
摘要
The purpose of the study. The article deals with topical issues arising from the introduction of artificial intelligence (AI) technology into forensic automotive expertise, in particular when solving the problem of establishing the technical condition of a vehicle (vehicle). The essence of any forensic examination, including this kind, is manifested through a set of mandatory elements (signs): the subject, object and methods of solving the tasks set. Conclusions. Changes in the vehicle object due to the introduction of AI technology leads to changes in the subject of expertise and the methods used. The expansion of the subject of expertise invariably affects the competence of the expert – the range of issues that he is competent to solve. In addition, AI performs in two qualities in forensic automotive expertise: 1) an updated object and 2) a tool (technical means) used by an expert to study the updated object. Promising areas of AI use in the study of the technical condition of the vehicle as a type of forensic automotive expertise are computer vision technologies and artificial neural networks.
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Peculiarities of Interaction of Local Self-Government Bodies in Social Networks: Changes Through the Prism of the Society's Viewpoint
摘要
Purpose of the study. The digital environment is the simplest and at the same time the most effective way of interaction between public authorities and society. When building a dialogue between government and society, it should be remembered how important the role of informatization is in management processes in modern Russia. Insufficient use of such potentially powerful tools as social networks can lead to filling the vacuum of dialog between the governed and the governed by those forces that will pursue various destructive goals - from discrediting the authorities to outright fraud; and ignoring the dialog opportunities of social networks, using them as a formality, ultimately undermines trust in the authorities and creates a gap in communication where it could be effectively built. The presented research is aimed at forming an idea about the prospects of social networks as the main communicator of local self-government bodies and the population of the municipality. Conclusions. By studying the information reality on the example of a particular municipality, we can develop recommendations on the use of social networks as the most important guide to the formation of public opinion. New approaches to governance through the use of Internet communications, actively formed at present, need an appropriate legal framework.
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Security of Data Stored in Cloud Services
摘要
The main purpose of this study is to - examine the security issues of data stored in cloud services. The authors of the article discuss the main problems associated with an insecure and incorrectly configured cloud database, which can lead to leakage or distortion of information of Russian citizens and organizations.
In the course of the study the authors come to the conclusion that in order to protect their data it is necessary to use cloud storage providers located on the territory of the Russian Federation (hereinafter referred to as RF), use a hidden storage system, regularly update and monitor the system to identify vulnerabilities and prevent possible attacks. In addition, ways to solve the problem and effectively protect information stored in cloud services, including at the legislative level, are proposed.
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Improving Methods of Countering Extremism and Terrorism in the Russian Federation
摘要
the article examines modern measures to counter extremism and terrorism in the Russian Federation, as well as ways to improve them. The author focusses on the need for in-depth scientific analysis of these phenomena to develop adequate legal and socio-economic measures. Particular attention is paid to analyzing existing federal laws and identifying regulatory gaps that may make it difficult to effectively counter threats.
The article emphasizes the importance of an integrated approach in anti-terrorism activities and the need to adapt legislation to modern challenges, thereby ensuring increased national security and stability of the state system.
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Problematic Aspects of Achieving and Implementing the Goals of Criminal Punishment
摘要
Purpose of the study. Public trust in the criminal law and respect for it is possible only when a certain level of confidence in the effectiveness of its action is achieved, in terms of imposing a fair punishment and achieving the designated goals, which in turn will positively affect legal awareness and reduce the crime rate. The article examines some controversial issues of the effectiveness of punishments and, accordingly, the achievement of goals that should still not be ignored by researchers, as well as the public. Steps have been taken to adjust the criminal and penal enforcement legislation on the formulation of the goals of punishment, the development and consolidation of criteria for assessing their achievement, which will neutralize social dysfunctions in this area and effectively implement the constitutional principles of protecting human rights and freedoms as the highest value.
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Theoretical Aspects of the Poduction of Forensic Assessment in State and Non-State Institutions
摘要
Judicial appraisal is an essential element of legal practice aimed at analyzing and evaluating the value, value and characteristics of objects of legal significance in the context of litigation. This type of expertise plays a crucial role in resolving legal disputes, ensuring an objective and fair trial of court cases. However, despite the importance of forensic assessment, there are a number of serious problems affecting the process of its appointment and production in both public and private (non-governmental) expert institutions. In this article, the author examines these problems in detail and indicates potential approaches to their solution.
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Use of His Official Position as a Qualifying Sign of Legalization Money or Other Property Acquired by Crime
摘要
This article addresses the issue concerning the specific formulation of the qualifying characteristic "using one's official position" in the criminal offenses that entail criminal liability for the legalization (money laundering) of monetary funds or other property acquired through illegal means. The study examines the provisions of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Plenum of the SC RF), which elucidate the essence of this theoretical construct as reflected in its resolutions on various types of crimes. Additionally, the article pays attention to the opinions of scholars existing in the doctrine of criminal law.
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International Legal Sciences
Organizational and Legal Approaches to Creating a Legal Mechanism for Interaction Between the Eurasian Economic Union and the World Customs Organization
摘要
The research article was prepared as part of a scientific study conducted by the author on improving the theoretical and legal foundations of customs regulation in the Eurasian Economic Union (EAEU, Union) in cooperation with the World Customs Organization (WCO).
A task. To study the organizational and legal basis for the Union’s implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 in terms of cooperation with the WCO, as well as to develop a legal mechanism for interaction between the EAEU and the WCO.
Conclusions. The article analyzes the rules and procedures of the Working Group on Interaction with the WCO, created in the EAEU, and also offers practical proposals for organizing customs cooperation of the Union with an international customs organization.
Social Consequences. Conducting a study is associated with the implementation of paragraph 11.7.5. of Strategic Directions for the Development of Eurasian Economic Integration until 2025 in terms of cooperation with the WCO, as well as Memorandum of Understanding between the Eurasian Economic Commission and the World Customs Organization dated June 17, 2016.
Practical value. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC) and can be used by specialists of the customs authorities of the Member States of the Union, the EEC experts to organize strategic planning and to form the legal foundations for the modernization of the Union's law.
Originality/value. The research material is based on an analysis of the practical aspects of the activities of the Commission, the Customs Services of the Union Member States, the WCO and is the result of a comprehensive study of the issue of improving international customs cooperation.
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Разное
Doctrinal Approaches to the Concept and Content of State-Religious Relations in the Russian and Foreign Legal Literature
摘要
The purpose of the research. The article examines doctrinal approaches to the concept and content of state-religious relations in Russian and foreign legal literature. Results. The author identifies three main models of conceptualization of state-religious relations: secularist, theocratic and consensual. The secularist model is based on the principle of institutional and functional separation of the spheres of state and religion. Its supporters insist on the non-interference of the state in the affairs of the church and the non-interference of the church in the affairs of the state. At the same time, the state guarantees the freedom of conscience and religion of citizens, while support for one or another denomination is not provided. The theocratic model assumes that the state should be based on religious principles and values, and religion, in turn, should actively participate in the formation of state policy. Religious and secular legislation are closely intertwined within the framework of this model. The consensual model proceeds from the possibility of coexistence of the state and several faiths on a parity basis, their mutual cooperation with the preservation of autonomy. At the same time, the state guarantees equal rights to all religions, without giving preference to any one of them. The author notes that in modern science there is no single, generally accepted definition of state-religious relations. It has to do with versatility and complexity of the interrelationships between state institutions and religious associations, as well as the difference in ideological and methodological approaches of researchers.
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The Right as a Reference and a Reference to the «Right»
摘要
The purpose of the research. The author of the article examines how law and reference to law, by their nature, can be tools of manipulation. At the beginning of the article, the theoretical concept of the relationship between law and reference, as a means of transmitting information in the processes of functioning and human perception of law, is presented. Then examples are given of the use of references to quasi-legal provisions and provisions of the law for the purpose of misleading. The paper notes that there are various types of misleading references: a misleading reference to «law» a misleading reference to a declarative rule of law, a misleading reference to a rule of law with a counterintuitive execution and a misleading reference to the regulatory system. Results. The practical significance of the study consists in describing the mechanisms of various types of misleading references (a phenomenon that I propose to consider as an independent object of study of legal science), the presence of which discredits any legal system, i.e. is a direct threat to legal stability. The author hopes that the methodology developed by him, to the extent that the format of the article allows, will make specific misleading references the subject of research by legal experts in the field and stimulate the development of such methods of law-making and revision of legislation that will reduce the likelihood of using texts of normative acts for the purpose of misleading.
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