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Vol 12, No 6 (2019)
- Year: 2019
- Articles: 61
- URL: https://journals.eco-vector.com/2072-3164/issue/view/7786
Articles
Value-legal priorities of delimitation of competence of state and local authorities in Russia
Abstract
The purpose of the study is to evaluate the practice of delimiting and redistributing competencies between state and municipal authorities in Russia from value-legal positions, to suggest priorities and areas for improvement. By means of the formal legal, system-structural, and comparative legal methods of cognition, it was revealed that an overly dynamic and incomplete delimitation of competence requires an understanding of key value-legal priorities in this area. It is proposed to attribute to the value-legal priorities of delimitation of competence the essential unity of public authority and its competence, the highest value of the rights and freedoms of man and society as a whole, subsidiarity and cooperation of authorities in the service of society. The result of the study can be applied in a practical analysis of the practice of delimiting, redistributing and delegating authority, assessing the effectiveness of the implementation of each authority in each constituent entity of the Russian Federation from the perspective of the above priorities. The proposed original approach will help to find a balance of value-legal priorities for delimiting the competence of state and municipal authorities in Russia, ensuring the rights and legitimate interests of citizens and society.
Gaps in Russian Legislation. 2019;12(6):12-15
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Anticorruption expertise in the Russian Federation legislation: development and legal consolidation
Abstract
In the article the authors analyze the problems of anti-corruption policy in the context of a special direction for the prevention of corruption (anti-corruption expertise of normative legal acts and their projects), consider the development of the anti-corruption legal mechanism, and the specifics of its institutionalization in the Russian legislation. The positions of scientists regarding the definition of «anti-corruption expertise» are investigated, a comparative analysis of the concepts of «corruptionogenic factors» and «corruption factors» is carried out. A comparative legal analysis of anti-corruption expertise theory and methodology has allowed the researchers to conclude that anti-corruption expertise of normative legal acts is a type of criminological expertise for corruption manifestations identification pre-established in legal norms. The issue of the implementation of international anti-corruption norms in national legislation is also raised. The features of legal consolidation of the system of corruptiogenic and corruption factors in the Russian legislation are indicated. The authors recognize the main achievement of the development of anti-corruption expertise legal consolidation in the legislation by establishing the legal principle «the mandatory implementation of anti-corruption expertise of all legal acts projects» in Federal Law No. 172-FL. The monitoring of the current legislation in this activity allowed the authors to identify a number of collision clauses in the Federal Law «On Anti-Corruption Expertise of Legislative Laws and Normative Legal Acts Projects» and regulations of the Russian Federation Government. On the account of the above mentioned, the authors concluded that legal and organizational basis of anti-corruption expertise of normative legal acts in the Russian Federation is formed, but its level is still far from a perfect one. In connection with this, investigation of the problem of organizing the anti-corruption expertise of legal acts still takes an important place in scientific, educational and enforcement activities.
Gaps in Russian Legislation. 2019;12(6):16-23
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VALUE OF LAW AND MEANS OF ITS LEGITIMATION: VALUE OF LAW AND MEANS OF ITS LEGITIMATION: SOCIOCULTURAL APPROACH
Abstract
Axiological investigations of law in the conditions of post-non-classical scientific knowledge acquire special significance. The diversity and variability of social development reflected in the system of value coordinates require the study of the value foundations of legal reality. At the same time, jurisprudence in its typical manner of reductionism is trying to justify a single universal system of legal values without taking into account the sociocultural peculiarity of the phenomenon of law. The purpose of this article is an attempt to justify the value of law as an outcome of rational human activities based on a sociocultural approach and the foundations of legal communication. The initial methodological guidance was a combination of the principles of universalism and the sociocultural relativism of law. The investigation was based on the works of domestic and foreign researchers of legal axiology and social communication as M. Weber, N. Nenowski, G. Tarde, M. Dabber and others. The article justifies that legitimation of law can be provided through rational and irrational means the combination of which depends on the characteristics of the relevant cultural macro-system. According to specificity of modern cultural macro-system, a logical process of increasing the role of law is noted. The sociocultural approach to the study of legal values opens up opportunities for further research in the field of determining the role of law in the life of society in the postmodern era.
Gaps in Russian Legislation. 2019;12(6):24-27
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TO THE QUESTION OF BECOMING SYSTEM OF PUBLIC AUTHORITY IN THE RUSSIAN FEDERATION IN THE 90-IES. XX CENTURY
Abstract
The purpose of the state is to reveal the peculiarities of the formation of state security bodies in the Russian Federation from 1993 to 1999. Exactly in 1993 that the constitutional crisis was resolved by force. The shooting of the "White house" put a "point" in the confrontation between the legislative and executive authorities. With the adoption of the Russian Constitution in December 1993, the "democratic confrontation" turned into a civilized channel. Now a new system of state bodies had to be built on the Smoking barricades of Moscow. The object of the study is the system of state authorities of the Russian Federation: the President of the Russian Federation, the Federal Assembly of the Russian Federation, the Government of the Russian Federation, Federal courts. At the same time, the subject of the study is the normative legal basis of the activities of public authorities, their functions, peculiarities of formation and interaction with each other. Within the framework of the research methodology, the analysis of the formation and activity of state authorities from 1993 to 1999 was carried out using historical-legal and comparative-legal methods. In accordance with the basic law, state power is exercised at the Federal and regional levels on the basis of the principle of separation of powers. It was necessary to implement and put into practice those norms that were enshrined in the Constitution. Empirically, we had to build a system of checks and balances, to find a consensus between the state bodies of different branches of government. It is concluded that by the end of the 1990s. the state authorities failed to establish interaction between its institutions and bodies and to carry out effective policies in the interests of the whole country, to fulfill their obligations and, accordingly, to get out of the permanent economic and political crisis.
Gaps in Russian Legislation. 2019;12(6):28-32
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The concept and essence of the principles of law
Abstract
The article is devoted to the problem of definition of the concept and legal nature of the principles of law. In the context of different points of view on this issue, the author discusses the prerequisites for the emergence of the principles of law, their qualitative content, as well as factors affecting their content. The author comes to the conclusion that the only correct way to objectify the principles of law is to consolidate them in the form of law and give them an imperative character. The article makes a reasoned conclusion that the principles of law are an independent means of legal regulation. The article gives the author's definition of the concept "principles of law".
Gaps in Russian Legislation. 2019;12(6):33-38
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Variety of concretizing norms of Russian law
Abstract
Effective regulation of social relations by the legal rules is impossible without fundamental theoretical studies of legal norms. At the same time, concretizing rules as one of the variety of legal norms has not been studied in detail and covered in the literature. There is a need of researching of the essence, functions, variety of concretizing rules of law. It is conditioned by the importance of effective regulation of social relations by legal norms. There is also the need of filling the gap in knowledge of concretizing norms in the theory of law. A comprehensive study of the concretizing rules can contribute to the improvement of knowledge about other varieties of legal norms, and other phenomena of jurisprudence. Deep knowledge of concretizing rules leads to their effective realization. Such realization can be achieved by coordinated work of different types of legal norms. The enactment of concretizing norms supports the concrete, clear, accurate content of legislation. The purpose of this study is to identify the specific classification grounds of the concretizing norms of Russian law. Six relevant criteria are given. The varieties of concretizing rules of the each six bases of classification are studied. The necessity of such classification is explained. Examples of types of concretizing norms are given. The research is made on the base of universal, general scientific, private law methods. The main positions of the study can be used in improving of the Russian legislation, in conducting seminars.
Gaps in Russian Legislation. 2019;12(6):39-44
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About need to establish limits on the management of the electoral process from the international organizations
Abstract
The article discusses international organizations that manage the electoral process. The author provides a list of these organizations and ways to influence them on the electoral process. Management is carried out through the development of international democratic standards and norms for monitoring elections, the preparation of reports on ongoing election campaigns and, finally, the provision of practical assistance to election states. The author argues the position about the need to determine the limits of interference of international organizations in the electoral process in the Russian Federation.
Gaps in Russian Legislation. 2019;12(6):45-48
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FEATURES OF INTERACTION BETWEEN CIVIL SOCIETY INSTITUTIONS AND THE EXECUTIVE BRANCH IN KABARDINO-BALKAN REPUBLIC
Abstract
In the article, the author analyzes the role of civil society institutions in the management of state affairs through their interaction with executive authorities using the example of the Public Chamber of the Kabardino-Balkarian Republic. Recently, "civil society" is considered as one of the elements of economic and political processes in the Russian state.
Gaps in Russian Legislation. 2019;12(6):49-51
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ABOUT THE TRANSFORMATION OF THE INSTITUTION OF MARRIAGE IN THE CONTEXT OF POLYGYNOUS RELATIONS
Abstract
As a part of the study, the main legal accents of the process of transformation of marriage forms are identified. Attention is drawn to the fact that the institution of marriage has historically changed in two directions: in the forms and types of marriage. It is revealed that in society there is a "reflux" process of restructuring the civil form of marriage into a religious one. In this regard, in modern Russian society have become dominant confessional ceremony at the conclusion of marriage. Thus, this indicates that in the past the process of transformation of the form of marriage took place from religious to civil, but now there is a reverse trend. In this aspect, the types of marriages according to the criteria of the number of partners entering into marriage and family relations are considered in detail, and also monogamous marriage and polygamous marriage are distinguished by this criterion. The latter type is studied in the context of polygyny, which is characterized by the marriage relationship of one man and several women, and polyandry - a very rare form of marriage, in which the number of male partnerships prevails. The legal assessment of legalization of polygamous relations in modern Russian society is given.
Gaps in Russian Legislation. 2019;12(6):52-55
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Problems of International Adoption
Abstract
In modern society, the process of international integration and mutual legal implementation is actively taking place. Countries seek to pursue an open policy, thereby contributing to the active globalization of the entire world society. Globalization also applies to the legal sphere, and both the legal norms themselves and the relations regulated by them are unified. This process is most clearly reflected in private law relations, in particular in relations associated with international adoption. In modern society, there are frequent cases of raising children in foreign families. In this regard, the system of norms regulating these relations is also being improved. However, even in modern society, problems arise in the adoption by Russian citizens of Russian children by foreign citizens. Coverage and comprehensive study of these problems is the main purpose of this article. The problems presented in the article can also be solved through rule-making. Based on the foregoing, the authors also give possible ways to resolve the problems that have developed in the sphere of public relations under consideration. The above methods of resolving the problems that have arisen are, in turn, conditionally divided by the authors into procedural (that is, suggested, specific actions that need to be applied when implementing the adoption procedure) and legal. The latter, in turn, provide for legislative changes that must be implemented to overcome the problems identified by the authors. The authors’ mechanism for resolving problems that have arisen in the field of international adoption seems particularly relevant at the present time and is of great importance in modern law enforcement.
Gaps in Russian Legislation. 2019;12(6):56-60
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PROPERTY RIGHTS AS AN OBJECT OF CIVIL RIGHTS
Abstract
The article discusses issues related to the existence in the legislation of such an object of civil rights as property rights, which is included in the category of “other property”. Given the fuzzy and insufficient, in our opinion, legislative regulation of the content and nature of property rights, we consider it necessary to analyze the existing legislative provisions on property rights as an object of civil rights, although, of course, it should be noted that there are certain opinions in the legal literature and judicial practice on the subject issue. An analysis of the legislative provisions on property rights showed that they act as an object of civil rights in obligatory legal relations, in particular, as a subject of pledge, a subject of pledge of obligation rights, while the legislator identifies property rights with claim rights. Also, when considering the provisions on property rights, it was concluded that property rights should be distinguished from property legal relations in which property rights can act as an object.
Gaps in Russian Legislation. 2019;12(6):61-63
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PECULIARITIES OF LEGAL REGULATION OF RELATIONS OF SPOUDS WITH DIFFERENT CITIZENSHIP
Abstract
Migration of the population is growing, cases when spouses have different citizenship are more common, so the question of what rules and regulations are to be applied, becomes particularly relevant. The aim of the study is to study and analyze the peculiarities of regulation of marriage and family relations of spouses with different citizenship. The research methodology is presented by comparative legal method and scientific analysis. The work is of particular value for persons specializing in the study of family disputes of spouses with different citizenship, for persons developing marriage agreements.
Gaps in Russian Legislation. 2019;12(6):64-66
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Authors and their heirs as special categories of rights holders
Abstract
The article analyzes the differences in the legal regulation of the issues of origin and protection of the rights of authors and their heirs in comparison with the provisions established for other categories of rights holders. The author notes that the legislation of many countries now laid the foundation for the differentiation of the rights of authors as "primary" rights holders and their heirs as "successors" of the author's personality, in respect of which there is always a certain personal element to the work, and the rights of other rights holders, whose interests are assumed to be concentrated exclusively in the property sphere. The author of the article justifies the need for consistent identification of authors of works and their heirs as special subjects belonging to a separate category of rights holders, which will contribute to the consolidation of general principles and unified guarantees of the rights of authors in respect of their works.
Gaps in Russian Legislation. 2019;12(6):67-71
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The means of the mechanism of legal regulation of insolvency relations and the integrity of their use
Abstract
The article deals with the legal means of the insolvency (bankruptcy) institution, investigates the ways of abuse of the legal means of the insolvency (bankruptcy) institution, reveals the essence of the fair use of the mechanism of legal regulation of insolvency (bankruptcy) relations.
Gaps in Russian Legislation. 2019;12(6):72-77
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Legal regulation of annual additional (special) paid holidays in Russia and Germany
Abstract
The article deals with the legal regulation of annual additional (special) paid holidays in Russia and Germany. The purpose of this article is to analyze the legislation of Germany, regulating the annual additional paid leave, for the possible use of our country's positive experience of Germany in the legal regulation of this area of relations. The subject of the study are the norms of labor legislation of the Russian Federation and Germany, regulating the annual additional paid leave. The methodology of the study consists of General scientific dialectical method of cognition of objective reality, comparative legal, logical-legal methods, as well as observation, analysis, generalization and some others. The value of the article is that the author analyzes the fundamental normative acts of Germany, regulating the issues of providing additional paid annual leave. The correlation of the provisions of Russian and German legislation in this area is considered; the question of regulation of the named type of holidays by acts of social partnership is studied - that emphasizes originality of article. The author believes that there is a need to eliminate gaps in the labor legislation of the Russian Federation on the types, procedure for granting, payment of annual additional leave and other issues related to this. Based on the results of this work, the author concludes that in matters of the procedure for granting, payment and other aspects of annual additional leave should take into account the specifics of the activities of employees for whom such guarantees are established. According to the author, it is possible to provide only in special regulation on industry and (or) local levels, but of course you have a minimal amount of guarantees provided to higher levels of legal regulation.
Gaps in Russian Legislation. 2019;12(6):78-84
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TORTURE: PROBLEMS OF INTERPRETATION AND WAYS OF IMPROVING CRIMINAL LAW
Abstract
The concept of "torture" and its features in the context of international obligations of Russia, national criminal legislation and judicial practice in criminal cases are investigated. The differences between the national and conventional definitions of this concept are considered. The discrepancy between the definition of torture under the criminal code of the Russian Federation and the conventional definition in terms of unjustified expansion of the range of subjects of torture was revealed. The author proposes a new version of the definition of torture (note to article 117 of the Russian Criminal Сode (RCC), which would correspond to the definition enshrined in Art.1 of the UN Convention against torture ratified by Russia, justifies the need to place this definition as notes to Art. 286 RCC. At the same time, it is proposed to fix in the notes to Art. 286 RCC the definition of the dependent person and the rules of delimitation of torture from causing suffering, not separated from the reasonably applied punishment or other legal restriction of the rights and freedoms of a person. The expediency of the exclusion of part 2 of Art. 117 "Torture" RCC, paragraph "d" (the Commission of torture the use of torture and amendments of article 286 RCC the new part providing for increased liability for excess of powers of office with application of torture. A similar provision is proposed to supplement Art. 288 RCC ("Assignment of powers of an official"). The necessity of criminalization under Art.302 RCC of coercion to give evidence (including torture) of persons brought to administrative responsibility, as well as the inclusion of judges in the range of subjects of the crime under this article is proposed and justified. The necessity of criminalization as a crime against military service the action in excess of the head office against a subordinate serviceman or persons performing military duties, as well as the adoption of a special resolution of the Plenum of the Supreme Court of the Russian Federation on court practice in cases on crimes related to torture to dependent persons.
Gaps in Russian Legislation. 2019;12(6):85-94
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THE DRAFT OF THE NEW CRIMINAL CODE OF THE RUSSIAN CONFEDERATIONS. COMMON PART. CHAPTER IX. THE PURPOSE OF PUNISHMENT AND A CRIMINAL RECORD
Abstract
This article is a continuation of a series of articles on the draft new Criminal Code, developed by the author on the basis of the Encyclopedia of Criminal Law published by us in 36 volumes, in the writing of which more than 300 scientists from Russia and other countries participate, and the author has studied more than 70 foreign codes. The concept of the draft new code and the first five chapters were published in numbers 4,5,6 for 2017 and 1,2,3 for 2018 of the journal Library of Criminal Law and Criminology, the sixth chapter in the 2nd issue, the seventh in 3rd and 4th issues for 2018, the eighth chapter - in the 1st and 2nd issues for 2019 of the Journal of Legal and Economic Studies, the 1st part of the ninth - in the 4th issue of this journal. This article is a continuation of the ninth chapter of the Draft new criminal code. It addresses criminal penalties.
Gaps in Russian Legislation. 2019;12(6):95-108
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Modern problems of criminal liability for illegal circulation of special technical means intended for secret obtaining of information
Abstract
In article the current problem of realization of criminal liability for illicit trafficking in the special technical means intended for secret obtaining information, connected with establishment of contents and orientation of intention of the person who made the corresponding actions is considered. The author considers the current state of the criminal legislation and the operating explanations of the Plenum of the Supreme Court of the Russian Federation and also addresses opinions of scientists, judicial statistics and practical examples in the field. By results of the conducted research the concrete conclusions and offers directed to improvement of law-enforcement practice concerning qualification and proof of the considered crime on the basis of respect for the principle of subjective imputation are formulated.
Gaps in Russian Legislation. 2019;12(6):109-112
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CRIMINAL OFFENSE AS A CATEGORY OF ACTS PROHIBITED IN THE CRIMINAL CODE
Abstract
Purpose. The material aims to describe the legal nature of the criminal offense, as well as to determine the place of this in the system of criminally prohibited acts. The order of differentiation of public responsibility on administratively-punishable offenses and criminally-punishable offenses is deprived of scientific methodology. Therefore, the institution of criminal misconduct is able to change the situation, that is: to create a new basis for placing "borderline" offenses into the correct code. Summary. The research resulted in the author's version of the scientific approach to modeling the Institute of criminal misconduct in the national criminal law. Practical importance. The criteria of criminal offenses obtained in the study and the signs of difference between offenses and crimes can be used in the formation of the test of the law on criminal misconduct. The proposed explanation of the legal nature of criminal misconduct will help to qualitatively differentiate criminal liability. The value of the work lies in the need of science and society to solve the problem of differentiation of public responsibility.
Gaps in Russian Legislation. 2019;12(6):113-115
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ABOUT THE MEASURES ON THE PENAL LEGISLATION ENHANCEMENT IN THE SPHERE OF THE COUNTERACTION TO THE ORIGIN OF "FLY-BY-NIGHT COMPANIES”
Abstract
The article reveals the essence of public danger of the crimes committed with the use of “fly-by-night companies” and describes briefly the prehistory of struggle against them, and also the purposes and tasks facing executive authorities on this way. The authors conduct the analysis of the changes brought by the legislator in edition of clause 173.1 CC RF and their influence on the statistics of condemnation of persons for committing this crime. It is paid attention to that the given result does not answer the purposes of a criminal policy in the sphere of struggle against the commercial organizations possessing signs of fictitiousness. In order to correct a current situation the authors of the article make the offer on enhancement of clause 173.1 CC RF by its transformation to the rule with administrative prejudice that should promote to decrease in its repressiveness.
Gaps in Russian Legislation. 2019;12(6):116-120
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Implementation of innovative technologies in penitentiary system of the Russian Federation
Abstract
The article investigates the introduction and implementation of innovative technologies in the system of correctional punishment in the Russian Federation within the application of the Conception of the development of the penal and correctional system of the country. The author analyzes the controversial issues of the law enforcement practice that require legislative regulation.
Gaps in Russian Legislation. 2019;12(6):121-124
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CRIMES OF THE EXTREMIST AND TERRORIST DIRECTION AS AN ACTION OF THE INCREASED PUBLIC DANGER
Abstract
The article explores the phenomenon of religious fundamentalism, its roots and components are determined, the causes of the emergence and rapid spread of modern fundamentalist ideas and trends are analyzed, as well as the impact of this phenomenon on modern society and politics in the context of globalization of world processes. An analysis of the material shows that modern religious fundamentalism is a complex, multi-layered phenomenon that contains not only a religious, but also a legal, ideological component, combines the influence of factors of social economic, socio-political and socio-ideological nature. Moreover, its sociopsychological component is no less important. The real effect of the whole complex of such factors, together with the peculiarities of the internal evolution of the fundamentalist movement, the specifics of its development in different regions of the world, which determine the diversity of approaches to its understanding and interpretation in modern conditions, are supplemented by political and ideological interpretations of it entities that are a real fact of inter-civilization confrontation between different cultures in the context of globalization. Under these conditions, the further development of the categorial apparatus of modern religious fundamentalism, the establishment of meaning and the delimitation of the various meanings of all concepts with which it is denoted in modern scientific, religious and political science literature, acquires fundamental importance.
Gaps in Russian Legislation. 2019;12(6):125-127
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Problematic features of detecting crimes in the field of construction and improvement
Abstract
The article discusses the problems of crimes detecting and solving in the construction field, as well as in the field of improvement. The authors naturally consider the problematic issues of the activities of law enforcement units of law enforcement agencies, which are directly related to conducting verification activities (examinations, studies) aimed at exposing criminal acts by unscrupulous subjects of construction activities. The article pays appropriate attention to problems in this area, and draws relevant conclusions and suggestions aimed at optimizing the industry as a whole.
Gaps in Russian Legislation. 2019;12(6):128-131
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FEATURES OF CRIMINALIZATION OF THE CRIMINAL LAW PROHIBITION ON THE USE OF TORTURE
Abstract
Objective - To analyze in detail the objective signs of torture, to give a detailed description of them. To consider in detail the characterization of the criminalization of the criminal law prohibition of torture. Conclusions - The Criminal Code of the Russian Federation includes a number of rules that criminalize torture and there are signs of torture, but there is no independent criminal law provision, believes that this contributes to an ambiguous approach to determining the nature and degree of public danger of such an act and requires amendments to the Criminal Code. Social consequences - The degree of public danger of torture is clearly difficult to assess. This is due to the fact that during the use of torture a person can be inflicted only beatings, although such methods of influence on the victim that are not physical violence (mental impact) are not excluded. Originality / value - The current legislative approach, as we noted above, does not meet these requirements, but can be brought into proper form. The provability of torture, as a rule, does not cause significant difficulties, as evidenced by the examples of criminalizing torture.
Gaps in Russian Legislation. 2019;12(6):132-134
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TO THE QUESTION OF THE HISTORY OF FORMATION AND DEVELOPMENT OF THE PENITENTIAL DIRECTION IN ENGLAND
Abstract
The article originally analyzes the state policy of England in the field of execution of punishment, from the 12th century to the present day, the evolution of the British penitential system, it basic attributes, made this system a kind of model, according to the author's opinion, for similar systems, functioning in many economically developed countries of the modern world.
Gaps in Russian Legislation. 2019;12(6):135-139
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Discussion aspects of the normative approach to understanding the corpus delicti
Abstract
Today it seems possible to ascertain the existence of dualism in the science of criminal law in the understanding of the category of corpus delicti, and specifically, the existence of objectivist and normative approaches. In the framework of the normative approach, the content of the concept of the corpus delicti, the separation of its general and specific types, the ratio of the crime and the corpus delicti, the criterion for its establishment, as well as the place and significance of the corpus delicti in the basis of criminal liability, have not been established. Purpose: the formation in the science of criminal law of a systematic idea of the main provisions, the existing contradictions, and the existing depth of the scientific discussion within the framework of the normative approach to understanding the corpus delicti, aimed at further improving the general doctrine of the corpus delicti. Conclusion: the presence of the discussion aspects discussed in the study does not allow us to talk about the integrity and completeness of the normative approach to understanding the corpus delicti. Social and practical applicability: the findings of the study, the findings, if they are taken into account by the researchers of the doctrine of criminal law, will be able to overcome the contradictions that exist within the framework of the normative approach, and to form a unified idea of the corpus delicti as a fundamental criminal law category. Also, the materials set forth in the article can be used in studying by students of various levels and forms of preparation of the General Part of the Criminal Law of the Russian Federation.
Gaps in Russian Legislation. 2019;12(6):140-143
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Actual problems of criminal penalties in judicial practice
Abstract
This article discusses current issues of applying a criminal penalty in the form of a fine. The author has illustrated the gaps of the current criminal law based on the consideration of judicial practice in specific criminal cases. A detailed study of a number of sentences on various types of crimes, as well as the procedure for sentencing a criminal fine in the courts of Moscow, is given. Purpose of the article: This work aims to study the violation of the most important principles and goals of the current criminal law, such as: restoring social justice, correcting the convict and preventing him from committing new crimes. Methodology and methods: the article uses analysis, synthesis, deduction, induction, the comparative legal method, as well as the method of interpretation of legal norms, which allow for an extended analysis of the criminal legal norm and determine the optimal development vector. Conclusions: the problem of the presence of imperfections in the current legislation is relevant for study, as indicated by judicial practice in specific criminal cases. The punishment in the form of a fine is not always commensurate with the gravity of the act and corresponds to such purposes of applying the criminal law as correction and prevention of repeated crimes. The use of a fine in the form of a penalty is used by judges when it is difficult to apply other types of punishment provided for in Article 44 of the Criminal Code of the Russian Federation. Scope of the results: the research materials analyzed in this article may be of interest in the scientific and educational field as a textbook for students of higher educational institutions: bachelors, undergraduates, graduate students exploring this area of criminal law. Also, this material may be of interest to teachers of law schools, can be used as a tool for the preparation of practical and seminar classes.
Gaps in Russian Legislation. 2019;12(6):144-152
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RESPONSIBILITY FOR CRIMES CONCERNING THE FORCE FOR SUICIDAL BEHAVIOR ON THE EXAMPLE OF A NUMBER OF FOREIGN COUNTRIES OF THE ANGLO-SAXON LEGAL SYSTEM (UK, NEW ZEALAND, INDIA)
Abstract
The article provides an overview of the criminal law of some foreign countries of the Anglo-Saxon legal system in the field of combating crimes related to suicide, incitement and assisting in suicide. In particular, the criminal law of the United Kingdom, New Zealand and India are analyzed. The methodological basis of the study is formed by dialectical, systemic, comparative legal, historical and other scientific methods. The main results of the study. The prevention of crimes involving compulsion to commit suicidal behavior under the laws of a number of foreign countries of the Anglo-Saxon legal system is associated with a set of preventive measures of a socio-organizational and criminal legal nature in the field of preventing domestic (family) violence; countering the unlawful prosecution, intimidation and bullying of a victim, including through Internet resources, etc. The scientific and practical significance of the study lies in the possibility of applying the relevant conclusions and recommendations in the legislative initiative to combat crimes related to compulsion to commit suicide. The article is intended for students, graduate students, associate professors, university professors of legal profile, law enforcement officers, as well as for a wide range of people interested in the problems of jurisprudence and suicidology. Social consequences: increasing the effectiveness of criminal legal protection of a person from criminal attacks.
Gaps in Russian Legislation. 2019;12(6):153-157
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DIGITAL TECHNOLOGY AS A TOOL PROSECUTORIAL SUPERVISION IN THE PRELIMINARY INVESTIGATION STAGE
Abstract
The article has been prepared with the examining certain issues of the use of digital technologist in the implementation of prosecutorial supervision in the preliminary investigation stage. The work of O.S.Capinus, O.A. Insarov, B.V. Andreev, A.V. Palamarchuk and other authors. He author shares the point of view of the urgent need and effectiveness of using these technologies in various areas of prosecutorial activity. They are an effective means of optimizing it in various areas, primarily due ensuing higher efficiency in obtaining information about violations of laws that require their use of supervisory powers. The importance of their use in verifying the implementation of laws when receiving, registering and resolving reports of crimes, revealing the facts of hiding the latter from accounting is highlighted. The author analyzes the possibility of developing and rutting into practice automated systems and programs that ensure the selection of a rational option for the prosecutor in typical situations and have an exclusively recommendatory nature, which are, in essence, typical methods that are adjusted to the individual circumstances the prosecutor encounters during the audit. The author substantiates the opinion on the advisability of developing and introducing into practice the prosecution authorities a software product the use of which would provide additional information on the actual state crime, including on the basis of some existing digital technologies. It is proposed to supplement the existing reporting forms on the work of prosecutors in the preliminary investigation stage, providing them with information on the results of the preliminary investigation in cases about initiated on the basis of materials from prosecutorial audits that revealed criminal violations of federal laws. The implementation of these proposals in practice, along with the expansion of the use of digital technologies by prosecution authorities in the preliminary investigation stage, will be an additional guarantee that they will ensure right of victims of crimes and organizations to judicial protection and access to justice. Hoverer, the author is of the opinion that a balanced approach to assessing the possibilities and prospets using digital technologies in the practice of prosecutorial supervision in the preliminary investigation is necessary.
Gaps in Russian Legislation. 2019;12(6):158-162
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The role of information support in the activities of the head of the penal system: some problems
Abstract
The article deals with the issues directly related to the information support of the head of the criminal Executive system. Questions of the organization and management of information support, and also some revealed shortcomings connected with this providing and perception by the head of information are raised. In conclusion, some solutions to these difficulties are proposed.
Gaps in Russian Legislation. 2019;12(6):163-164
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COMMUNIC EXPERTENCE OF THE HOUSE: INTERETHNIC TOLERANCE
Abstract
In the article, the authors provide the theoretical foundations and practical features of the formation of communicative competence of employees of internal affairs bodies in the modern sociocultural context. The issues of interethnic tolerance, the role of integrative ideology in a multi-ethnic state, as well as the problems that arise in the process of communication in the professional sphere of activity of an employee of internal affairs bodies are examined. In the Russian Federation as a multiethnic and multicultural state, employees of internal affairs bodies are called upon to be one of the important factors in ensuring public and state unity. At the same time, a police officer must speak on behalf of a national, state interest that rises above all the differences in the ideologies existing in society. He must represent and affirm in his actions not just the legal basis, but also his own culture, the culture of his people, the idea of fraternal unity of cultures, their mutual respect, their common belonging to the unified history of Russia, its past and future. In the framework of professional communication, cultural values play an important role, it is they that form the basis and subject of the dialogue of cultures, which, undoubtedly, should be taken into account in the activities of employees of internal affairs bodies.
Gaps in Russian Legislation. 2019;12(6):165-167
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ANALYSIS OF INTERACTION BETWEEN DEPARTMENTS OF ROSGUARD AND OTHER LAW ENFORCEMENT BODIES IN THE IMPLEMENTATION OF THE LAW ENFORCEMENT FUNCTION OF THE STATE
Abstract
Goal. The aim of the study is to analyze the main provisions that create the prerequisites for the interaction of Rosguard units with law enforcement bodies of the Russian Federation. The article notes that in the aspect of studying the law-enforcement function of the state, studying the issues of interaction between units of the Federal Service of the National Guard Troops of the Russian Federation is of particular relevance, since the activities of the created federal executive body of Russia are aimed at promoting law and order within the framework of ensuring state and public security and law enforcement in the field of arms circulation, in the field of private security activities and in the field of non-departmental protection. Methodology. When writing the article, the author used formal legal, statistical methods, which made it possible to clarify the scope and content of powers of the Rosguard units. Findings. Considering the issues of interaction between the units of the Federal Service of the National Guard of the Russian Federation and other law enforcement agencies when implementing the law enforcement function of the state, it is necessary to take into account the positive dynamics that have developed in the course of the work of the units of the Russian Guard. However, some problems of the external interaction of the Rosgvardia units are relevant today and require detailed analysis.
Gaps in Russian Legislation. 2019;12(6):168-171
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The main directions of improvement of the organization of activity of territorial bodies of the Ministry of internal Affairs of Russia on counteraction to crimes of a terrorist orientation
Abstract
In this article, the author will consider the activities of territorial subjects of the Ministry of internal Affairs of Russia, the organization and necessity of interaction of these subjects with other anti-terrorist bodies in the territory of the Russian Federation. The importance of improving and developing the existing framework for the organization of anti-terrorist activities of the internal Affairs bodies. The question of readiness of territorial bodies of internal Affairs to reflection of terrorist attacks on the subject of antiterrorist activity is considered.
Gaps in Russian Legislation. 2019;12(6):172-175
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DISTANCE JUSTICE: ADVANTAGES, PROBLEMS, PROSPECTS
Abstract
The article discusses current issues that arise in the process of applying video conferencing in the administration of justice. The lack of clear grounds and procedural order entail numerous violations, the impossibility of its full and effective use. In addition, the article discusses further prospects for the use of video conferencing systems in criminal cases.
Gaps in Russian Legislation. 2019;12(6):176-179
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NEW RULES OF CASSATION PROCEEDINGS IN CRIMINAL CASES
Abstract
This article presents an analysis of the criminal procedure law in the field of cassation proceedings. The author justifies the effectiveness of the creation of cassation courts of general jurisdiction. This procedure will avoid legal conflicts. Based on the analysis of the new rules of cassation proceedings in criminal cases, the importance of continuous cassation for modern criminal justice is emphasized.
Gaps in Russian Legislation. 2019;12(6):180-182
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PROCEDURAL STATUS OF A JUDGE AT THE STAGE AFTER THE REFUSAL OF EXCITATION CRIMINAL CASE OR ITS TERMINATION BY THE DECISION OF THE INVESTIGATOR OR INQUIRER
Abstract
Objective: The development of the procedural status of a judge in criminal proceedings is far from complete. This process has acquired a permanent character due to the constant improvement of the forms and content of criminal proceedings, strengthening the role of judicial protection of the rights and legitimate interests of participants, clarifying the forms of the court's activities, including new powers in its competence. The main problem associated with judicial activity is the lack of systematic legislative regulation of all its aspects, and the emergence of new institutions in criminal proceedings, which are included in judicial activity, is not always accompanied by a simultaneous clarification of the procedural powers of the judge. Therefore, the main purpose of this study is to identify the modern trends of criminal procedural activity of the judge, which do not have sufficient and systematic legislative regulation and the formation of author's proposals to eliminate gaps in legislation. The tasks set by the author are aimed at the theoretical substantiation of the need for legislative regulation of judicial activity at the procedural stages after the refusal to initiate a criminal case or its termination by the decision of the investigator or inquirer, and on this basis the development and formulation of proposals to clarify certain provisions of the criminal procedure law. Methodology: in the course of the study, various General and private scientific research methods were used: induction, deduction, generalization, analysis, forecasting, modeling, functional and structural analysis, systematic, logical, comparison, formalization, etc. Conclusions: as a result of the study, the following conclusions were formulated. 1. Stepwise construction of the criminal proceedings is not covered by the activities of the court complaints against the illegal, unjustified refusal to initiate criminal proceedings, or giving the court permission, Prosecutor, head of the investigative body to revoke the decision on termination of criminal case or criminal prosecution in case provided for by part 1 of article 214 of the criminal procedure code of the Russian Federation. The location of this activity of the court (after the completion of pre-trial proceedings), as well as the content of the existing criminal procedural regulation, allow us to characterize it as post-trial, carried out under special procedural rules, with the participation of persons in specific procedural conditions. 2. 214, 214.1 of the criminal procedure code of the Russian Federation should be considered as an independent criminal procedure proceedings initiated by the Prosecutor, the head of the investigative body in cases specifically stipulated in the criminal procedure law, with the empowerment of the persons involved procedural statuses that do not coincide with those that they had in the framework of verification of 3. For establishment of full-scale and system criminal procedural regulation of competence and procedural status of the judge at consideration and permission of such appeals the theoretical model including set of procedural powers of the judge on preparation, consideration and permission of appeals about illegality of the procedural decision on refusal in initiation of criminal case, about the termination of criminal case, including, after one year from the moment of their removal is offered. 4. The necessity of presenting part 3 of article 214.1 of the criminal procedure code of the Russian Federation in the following edition: "At the beginning of session the judge shall announce what petition is subject to consideration, explain who appeared at the hearing to interested persons their rights and responsibilities, including the right to get acquainted with the available trial materials, provide additional materials, to file motions for discovery of materials necessary to establish essential facts. The person who has addressed with the petition justifies it then the arrived materials are investigated and other persons who have appeared in court session are heard". Possibility of further use: the Obtained results form the basis for the continuation of scientific research in terms of the development of the doctrine of the criminal justice system, its elements, the criminal procedural status of participants in criminal proceedings, including the judge. They can also be used to improve the criminal procedure legislation of the Russian Federation, to continue research in the field of optimization of procedural powers of a judge, investigator, other participants in criminal proceedings, to improve judicial and investigative practice, as well as during the educational process in the preparation of students in the direction of "Jurisprudence" (bachelor's, master's, postgraduate). Practical importance. The obtained results deepen scientific knowledge about criminal proceedings and allow to solve interrelated problems of legislative, investigative and judicial activity at the stages of criminal proceedings not covered by its stages. The social significance of the results obtained is manifested indirectly through the optimization of legislative regulation of criminal procedural relations and increasing the level of protection of the constitutional rights of citizens in the course of criminal proceedings. The value of the results due to the presence in her of the problem, essential to improve the criminal justice system as a whole (they reach the destination in full) and, to a certain part of increase of efficiency of procedural activities of the court, the investigator, as well as ensure human rights and freedoms, legitimate interests of the participants. On the basis of the conducted research new knowledge about the system of criminal proceedings and its structure, as well as the further direction of optimization of the criminal procedural status of the judge is received. The work is intended for researchers and practitioners, students of law schools.
Gaps in Russian Legislation. 2019;12(6):183-188
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Forecast of International Legal Personality’ Formalization in New Political Spaces: New Marine Spaces and Circumpolar Zones
Abstract
In modern international law, the issue of legal personality development is becoming increasingly relevant, both in relation to new actors in international relations and new areas of its distribution. There is a growing demand for forecasting the improvement of the regulatory framework governing issues of international legal personality. The article considers key general trends in the development of international legal personality and their specific manifestation in new marine spaces and circumpolar zones, as well as predicts the future formalization of international legal personality in these new political spaces. The authors come to the conclusion the key directions of the international legal personality’ development in new marine spaces will be multilateral treaties creating special legal regimes for certain parts of the water body, regulatory framework governing the environmentally friendly extraction of marine resources, as well as new gaining sovereignty entities of international relations which can begin the independent development of new water spaces. At the same time, with regard to the circumpolar zones, revising the current legal regime of Antarctica may occur either through the development of international organizations designed to regulate it, or through the revival of disputes between national states over territorial claims. Actual system of bilateral and multilateral treaties between the Arctic states is likely to continue evolving.
Gaps in Russian Legislation. 2019;12(6):189-192
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Digital Customs in the context of the Capacity Building of the World Customs Organization
Abstract
Purpose. To analyze the activities of the Capacity Building Committee (CBC) of the World Customs Organization on the formation of the legal institute of digital customs. Design/methodology/approach. The research article is devoted to the issues of improving the instruments of customs regulation within the framework of the functioning of the WCO Capacity Building Committee. The subject of the research is the digital customs institute. It is comprehensively considered the CBC approaches in 2016 in terms of the formation of digital customs as an integrated legal phenomenon under the theme «The Future of Customs: What are the Organizational Development Needs as We Move Towards Digital Customs and Technologies». Social implications. The introduction of the digital customs institute in the Eurasian Economic Union (EEU) law and customs regulation as a whole is aimed at optimizing customs operations and simplifying trade procedures. Practical meaning. The results of the study are of interest to the customs block of the Eurasian Economic Commission (EEC), can be used within the organization of the work of the Capacity Building Committee, the Information Management Subcommittee and the WCO Permanent Technical Committee in the context of the EEC - WCO international customs cooperation. The article is recommended to researchers, as well as experts from the Customs Administrations of the EEU Member States, whose activities are related to the improvement of customs regulation, modernization of the digital customs institute, as well as international customs law. Originality/value. The research material is based on an analysis of the practical aspects of the WCO's activities and is a continuation of scientific and practical publications on the development of the digital customs institute within the framework of the WCO's activities.
Gaps in Russian Legislation. 2019;12(6):193-202
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INTERNATIONAL LEGAL ACTS RELATED TO CONSULAR PROTECTION OF CITIZENS
Abstract
The necessity of writing this article is conditioned by the active development of consular law, which, as part of international law, evolves directly under the influence of world political and economic processes. In the context of the creation of a new legal and contractual framework of the consular service, the study of a wealth of experience, which is due to the historical needs of international cooperation, plays a special role. The detailed analysis of international legal acts and Russian legislation makes it possible to understand how complex and diverse the functions of consular institutions in the field of protection of citizens' rights are.
Gaps in Russian Legislation. 2019;12(6):203-206
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Actual problems of legal regulation of carrying out of vowels operatively-search actions
Abstract
In the presented article the author analyzes the current legislation in the field of operational-search measures. There are gaps in the organization of vowels of search operations. The author revealed that in Russian legislation there is no normative fixing of the concept of “operational-search measures”. In connection with this, an author made an attempt to supplement the Federal Law “On Exploratory Investigation Activities” with the author’s definition of this category. The author substantiates the need for codification of operational-search legislation. This procedure will eliminate the inconsistencies in the legal regulation of this type of law enforcement.
Gaps in Russian Legislation. 2019;12(6):207-209
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TERMINOLOGY OF CONCEPTS RELATED TO CRIMINAL SEXOLOGY
Abstract
In the investigation of crimes against sexual freedom and sexual integrity of the person, forensic examination is of particular importance. Results of activity of judicial physicians allow law enforcement authorities to receive answers to a number of very important questions. However, no less necessary is the ability to formulate them correctly. Often, representatives of the investigation and the court incorrectly interpret some medical and biological concepts, which can lead to an erroneous interpretation of the obtained forensic results. This article presents an analysis of some of the concepts used in the investigation of so-called «sexual» crimes.
Gaps in Russian Legislation. 2019;12(6):210-214
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TO THE QUESTION ABOUT ORGANIZTION OF THE POLICE UNITS ACTIVITY TO COUNTER EXTREMISM
Abstract
A question about the necessity to improve the organization of the police units activity to counter extremism is explored. A problem connected with the expediency of law enforcement bodies structural units interaction in fight against extremism is revealed.
Gaps in Russian Legislation. 2019;12(6):215-217
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THE CONCEPT AND OBJECTIVES OF PERSONAL INVESTIGATION IN THE ACTIVITIES OF THE EMPLOYEE OF INTERNAL AFFAIRS
Abstract
Personal investigation is used in the activities of law enforcement agencies for many centuries. Over the years, there was a transformation of methods and tactics of personal investigation. In the operational activities of employees of internal Affairs bodies, personal investigation occupies a special place and has a number of features, which are discussed in the article.
Gaps in Russian Legislation. 2019;12(6):218-221
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CRIMINAL PROFILING: TO THE COMPOSITION OF A SERIAL KILLer PORTRAIT
Abstract
Objective: The problem of identifying criminal behavior in modern society, along with the development of forensic profiling and improving methods for investigating a crime, has strengthened the need to analyze existing armaments and develop new methods to combat crime. The purpose of this study is to study the tools of forensic profiling in the field of compiling a psychological portrait of a criminal. Methodology: Analysis of the use of criminal profiling methods in the field of criminal investigation, namely during the inspection of the scene and interrogation. When analyzing the data, a combination of quantitative and qualitative approaches was used, as well as methods of induction and deduction. The study was conducted in the form of an analysis of crime investigation practices. The connection problems of the person conducting the inquiry with other defendants in the criminal case during the investigation are identified. Results: The results should make an important contribution to the development of forensics. In addition, the results of the study focus on the need to master profiling skills by persons involved in criminal investigations. And, finally, the obtained results provide an opportunity to move forward in solving crimes, reducing the number of potential problems and negative events in the field of criminal procedure.
Gaps in Russian Legislation. 2019;12(6):222-226
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SOME FEATURES OF DOCUMENTATION BY THE INTERNAL AFFAIRS AGENCIES OF ORGANIZED GROUPS AND CRIMINAL NETWORKS IN THE FIELD OF DRUG BUSINESS
Abstract
The article is devoted to the study of the importance of the implementation by internal affairs agencies (IAA) of Russia, functions of documenting organized groups and criminal groups in the field of drug-related crimes. The article reflects the global crime problem in this area, which is confirmed by the statistics provided by the General Prosecutor's Office of the Russian Federation for 2019. The influence of effective documentation on the quality of the fight against organized crime in the drug business is highlighted, the documenting features of organized groups and criminal groups which engaged in criminal activities on the network are reflected. The Internet. The article analyses the goals of documentation, it is noted that documentation as one of the goals has the ability to prevent crime, which is significant because the fight against drug crimes at the prevention stage saves the lives of a significant number of people, ensuring national security. The author reflects the need to increase the attention of internal affairs agencies to the aspect of documentation, which is associated with the need to record important operational information in the manner prescribed by law. The article indicates the activities that should be carried out as part of the documentation at the first and subsequent stages of such activities.
Gaps in Russian Legislation. 2019;12(6):227-230
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Specificity of the method of committing crimes related to the sale of drugs
Abstract
The development of the Internet has led not only to positive but also negative consequences, since the use of this network provides a contactless way to both commit a crime and communicate with members of criminal communities. This circumstance significantly complicates the activities of law enforcement agencies to identify and investigate crimes, including those related to the sale of illegal drugs. The article analyzes the schemes of drug sales through the Internet, which include the use of social network resources, as well as electronic payment systems. In addition, the committing of crimes related to the sale of drugs through the so-called DarkNet, as well as through distributed registries, including blockchain, is being investigated.
Gaps in Russian Legislation. 2019;12(6):231-233
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On the issue of improving the classification system of information in the development of the digital economy
Abstract
Task. The purpose of this article is to improve the information classification system in the Russian Federation in the context of the development of the digital economy. Model. The article explores the types of information by analyzing the definition of regulations and comparing them with the actual need in a digital economy. Findings. It is necessary to improve the legislation of the Russian Federation in the field of classification of information by amending the existing regulatory legal acts. Value. The materials presented in the article will help improve the classification of information in the context of the development of the digital economy.
Gaps in Russian Legislation. 2019;12(6):234-237
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Problems of admission and access of subjects to commercial and official secrets in the digital economy
Abstract
Task. The purpose of this article is to improve the system of access and access of subjects to information in the Russian Federation in the context of the development of the digital economy. Model. The article examines the issues of access and access to information constituting a commercial or official secret by analyzing the definition of normative acts and comparing them with the actual need in a digital economy. Findings. It is necessary to improve the legislation of the Russian Federation in the field of commercial and official secrets by introducing appropriate amendments to existing regulatory legal acts. Value. The materials presented in the article will help improve the system of access and access of subjects to information in the context of the development of the digital economy.
Gaps in Russian Legislation. 2019;12(6):238-241
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LOCALIZING CYBER TERRORISM IN A GLOBALIZING INFORMATION SPACE
Abstract
Cyber terrorism, as the most dangerous form of cybercrime, today poses the greatest threat not only to the national security of specific States, but also to the entire world community. And compared to traditional terrorism, in carrying out terrorist threats, uses the latest advances in science and technology. The extent and nature of the social danger of cyber terrorism is influenced by the fact that the target of the crime can be both the sphere of daily socio-economic relations and the information security of the most important state structures. The globalization of the information space, based on the spread of the world 's Internet, has put humanity in the face of serious and previously unknown threats that require the unification of all intellectual forces to develop common methods of localizing these crimes. At the same time, in the context of the globalization of the information space, terrorists have gained noble ground for expanding the mechanisms of interaction between themselves and creating an extensive network. In this regard, the localization of destructive effects for terrorist purposes and the protection of the most important objects are the main tasks of the State.
Gaps in Russian Legislation. 2019;12(6):242-245
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ON THE QUESTION OF FAKE INFORMATION COUNTERACTION IN SOCIAL NETWORKS
Abstract
N the age of information technology it is difficult to imagine life without social networks - a publicly available tool for receiving and transmitting information. Compared to traditional media, there is practically no censorship in social networks, but they are neutral with respect to the veracity of the provided socially significant information. That is why, from a convenient communication technology they quietly have turned into one of the challenges of our time, being the same form of confrontation that was once ideological. Various types of communities (scientists, politicians and public figures) are concerned about the increasing flow of fake information that can mislead, misinform and disorientate large masses of people. Fakes that distort historical, political, economic and other facts are especially dangerous. In the paper the young generation is recognized as the most vulnerable part of social networks users. The article analyzes the opinions of various experts on the issue of countering fake information in social networks. It is concluded that only the consolidated efforts of representatives of different countries can be effective in resolving this problem.
Gaps in Russian Legislation. 2019;12(6):246-249
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Problems of ensuring cyber stability of the banking system of the Russian Federation: legal and methodological aspects
Abstract
The article discusses the key problems of ensuring information security of the banking sector of the Russian Federation in two aspects: legal and methodological. The analysis of the state of the system of ensuring cyber stability of the credit and financial system in the conditions of the formation and development of the digital economy is given. The development of a cyber stability system for the banking sector is an acute problem that requires an integrated approach to its solution. The relevance of this study is obvious, since cyber stability of the credit and financial system is an essential element in ensuring a high level of information security of the state as a whole. The creation of an effective, modern and high-tech system to ensure cyber stability of the banking system of the Russian Federation is necessary to increase the attractiveness of our state’s financial instruments in the international financial market.
Gaps in Russian Legislation. 2019;12(6):250-253
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Features of the concept content and functioning of the mechanism of internal administrative (managerial) control in the internal affairs bodies
Abstract
Purpose. The purpose of this study is to clarify the content of the concept of internal administrative (managerial) control in the internal affairs bodies, through consideration of its structure and functional features of its mechanism, as well as implementation principles. The subject of the study is the applied features of internal management control, control functions and its mechanism under the conditions of targeted certainty of monitoring the state of legality and discipline in the activities of territorial bodies in the implementation of law enforcement and internal organization activities, certain problems associated with the implementation of this legal institution. Design/methodology/approach. Using analysis, synthesis, induction, abstraction, system analysis and other general methods of scientific knowledge, the authors, based on existing knowledge about the concept of control and the system of organization and implementation of the activities of internal affairs bodies established by applicable law, identify specific features of internal control. Findings. As a result of the study, the content of the concept of internal administrative (managerial) control in the internal affairs bodies, its mechanism, functions and principles has been clarified. The importance of a theoretical understanding of the content of the phenomenon under study in practical terms is illustrated in detail. The approach to understanding the essence of such control and the basis (concept) for the formulation of legislative terminology, the need for which is objective, are presented. A number of problems are identified and analyzed that arise in connection with the lack of legal consolidation of the content of the concept of internal control in the internal affairs bodies. Originality/value. The developed applied functional model for understanding the content of the concept of internal administrative (managerial) control is aimed at forming a legislative definition of the concept of the studied legal institution.
Gaps in Russian Legislation. 2019;12(6):254-261
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Development of legal regulation of notification procedure in civil and arbitration proceedings of the Russian Federation: procedural reform 2018
Abstract
Correct and sufficient notification of the defendant and other persons involved in the case, is one of the key conditions for the success of the consideration and resolution of the civil case by the court. Both civil and arbitration procedural law comprehensively enshrines the provisions on adversarial and dispositive behavior of participants, by virtue of which the outcome of the proceedings by the court significantly depends on the activity of the parties. The article deals with innovations regarding the mandatory notification of the defendant by the plaintiff before filing a lawsuit in court, as well as similar provisions on notification at the stage of appeal of the court decision. The author proposes to consider them in the key of further natural development of the legal status of the parties in the process.
Gaps in Russian Legislation. 2019;12(6):262-265
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ACTIVITIES OF NEW APPEAL AND CASSATION COURTS OF GENERAL JURISDICTION IN THE RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT
Abstract
The article reveals the main provisions of the Federal Constitutional Law No. 1 of 29.07.2018 “On amendments to the Federal Constitutional Law “On the judicial system of the Russian Federation” and certain Federal Constitutional Laws” in connection with the creation of the appellate and cassation courts of general jurisdiction. The new courts, according to lawmakers’ opinion, will have to provide effective justice, which will be closer to international standards, and the process of resolving cases will become more rapid. These are the most significant changes since the adoption of the Civil Procedure Code of the Russian Federation in 2002. The purpose of the law is to unify the system of courts of general jurisdiction and arbitration courts headed by the Supreme Court of the Russian Federation. An important measure for the lawful and impartial review of judicial decisions is the establishment of courts of appeal and cassation. The authors of the article examine the issue from different perspectives. They mention both positive developments in the work of the new courts and some shortcomings and imperfections. The latter circumstance necessitated the writing of the article under study. The aim of the study is to explore the main aspects and features in the activities of the new appellate and cassation courts in the Russian Federation, in particular, and the judiciary in general. In addition, the authors offer to develop proposals for improving the work of certain new courts of general jurisdiction in the Russian Federation. The results of the study reflected in the article can be used in further theoretical and practical research in the field of civil and arbitration proceedings. The methodological basis of the article is the dialectical-materialistic method of cognition, system and private-scientific methods (comparative legal, formal-logical). The scope of the results: the results obtained in the course of the study should be used to improve the activities of new courts in checking the legality and validity of court decisions; prospects for the development of appeal and cassation courts and ways of improvement within the framework of the Russian civil process.
Gaps in Russian Legislation. 2019;12(6):266-269
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REVIEW OF THE MONOGRAPH VOLOS A. A. "PRINCIPLES-METHODS OF CIVIL LAW AND THEIR SYSTEM"
Abstract
The monograph was published in the publishing house "Yustitsinform" (author is A. Volos). It is devoted the study of the category "principles-methods of civil law" as a new original civil construction. The theme proposed by the authors is relevant both in theoretical and practical aspects. The theoretical significance of the research is that it consists in offering a systematic view of the essence of the principles-methods of civil law, establishing their system, identifying axiological significance, the study of some principles of civil law. The author successfully managed to solve the purposes of the study. This monograph could be useful for researchers and lawyers, law students and others who interested in problems of principles of civil law.
Gaps in Russian Legislation. 2019;12(6):270-271
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Formation of a positive image of the law enforcement system and effective leadership, some related issues
Abstract
The article deals with the issues related to the formation of a positive image of the law enforcement system, including the employee of the internal Affairs bodies. The process of formation of this image is analyzed, and the conclusion is made concerning effective management and control by heads of divisions. The management and control in the activities of law enforcement agencies is considered in detail, the scientific justification is given and in the end the authors draw conclusions
Gaps in Russian Legislation. 2019;12(6):272-273
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Migration processes in Russia-history and modernity
Abstract
The article provides a historical analysis of the development of migration processes in Russia. The positive and negative sides of the import and export of labor are determined. Attention is drawn to the labor market of the host state and the "quality" of migrants. In conclusion, it is concluded that labor migration processes should have a positive impact On the host country's supply-side economy and its social climate.
Gaps in Russian Legislation. 2019;12(6):274-276
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SOME FEATURES OF INDIVIDUAL EDUCATIONAL WORK IN BODIES OF INTERNAL AFFAIRS: INTERVIEW AS THE BASIC FORM OF EXPOSURE
Abstract
In the article, the authors provide definitions and basic methods for the effectiveness of educational work with police officers. An individual approach is required to achieve successful educational results. In addition, it is necessary to take into account the characteristics of each foster. Individual preventive work is an essential element in the organization of the educational process. This process provides a solid statutory order and high discipline and legality in the police.
Gaps in Russian Legislation. 2019;12(6):277-279
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LEGAL BASIS OF DISTANCE LEARNING IN THE SYSTEM OF ADDITIONAL PROFESSIONAL EDUCATION IN THE EDUCATIONAL ORGANIZATIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Abstract
The article is devoted to the analysis of the distance learning legal regulation in the system of additional professional education in the educational organizations of the Ministry of Internal Affairs of Russia. The creation and the development of a distance learning system in the Ministry of Internal Affairs of Russia is considered in the article. The purpose of the study is to identify the main trends in the formation and development of distance learning in the system of additional professional education in the educational organizations of the Ministry of Internal Affairs of Russia as well as to establish the degree of its legal regulation and application. Formulation of the problem. The analysis of the legal acts made it possible not to identify such concepts as «e-learning», «distance educational technologies», «use of information and telecommunication technologies», «electronic information and educational environment». Models for the implementation of educational programs using distance educational technologies - «fully distance learning» and «partial use of distance educational technologies» are studied. The conditions determining the choice of these models by the educational organization and the functioning of the information and educational environment are indicated. The main distance educational technologies used in educational organizations are recited. It is noted that the delegation of issues of legal regulation of distance learning to educational organizations requires their consolidation in the local normative acts. The main research methods are: analysis and synthesis, comparative and legal method, formal and logical method, modeling and classification, monitoring, expert evaluation. Results: Distance learning is a new technology based on the use of a wide range of traditional, new information and telecommunication technologies, technical means. A combination of the main types of technologies with other forms of classes conducting is admitted. Variants for learning conducting in the distance education system are indicated. Conclusion: The monitoring of the legal basis and law enforcement practice of distance learning has revealed a number of problems to be solved.
Gaps in Russian Legislation. 2019;12(6):280-285
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FEATURES OF THE INTERACTION OF PRELIMINARY INVESTIGATION BODIES WITH EDUCATIONAL ORGANIZATIONS FOR THE PREVENTION OF CRIMES COMMITTED BY MINORS
Abstract
The article is devoted to the features of the interaction of preliminary investigation bodies with educational organizations for the prevention of crimes committed by minors. The author considers the main areas of interaction between employees of investigative units with representatives of educational organizations and minors prone to commit unlawful acts. The process of investigating criminal cases against juvenile suspects and accused has its own specifics. An investigator, investigating crimes of this category, in the framework of a criminal case should carry out such investigative actions as interrogation of parents, legal representatives of a minor, representatives of the educational institution where he is studying (social teacher or class teacher). In addition, he must forward relevant information to juvenile units. During the investigation of the criminal case, the investigator needs to carry out educational work in relation to the minor accused and other persons. This work should be consistent, but it should not turn into edifying instruction for a minor. Otherwise, this work will not have the proper impact on the consciousness of the minor. Given the degree of deformation of the personality of a teenager, the investigator, while carrying out work in this direction, should place particular emphasis on individual educational work with him. In the course of communication, you need to direct the teenager to develop the correct legal views and beliefs, to draw his attention to the undeniable advantages of law-abiding behavior in society.
Gaps in Russian Legislation. 2019;12(6):286-288
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CHARACTERISTICS OF PERSONAL INVESTIGATION, USED IN THE ACTIVITIES OF OFFICERS OF THE POLICE LINE UNITS
Abstract
This method of operational search activity as a personal investigation is used in the activities of some police units. In this article, we will consider how personal investigation can be used by combatant units in the implementation of their activities to protect public order and ensure public safety, as well as identify some techniques to identify offenders who have committed or are planning to commit a particular illegal act.
Gaps in Russian Legislation. 2019;12(6):289-290
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