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Vol 7, No 3 (2020)

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Actual topic
Messenger chats as evidence in сivil and arbitration proceedings — Russian judicial practice
Rusakova E.P., Zaitsev V.V.
Abstract

The development of production and distribution relations, which are forms of interaction among society and individuals, and social groups presupposes the adequate development of procedural legal means for ensuring (implementing and protecting) the constitutional rights of participants in these relations. As is well known, the socioeconomic conditions of human society development provide new sources and means of judicial evidence. The task of justice is to provide participants in a judicial dispute with a legal opportunity to use acceptable judicial evidence in accordance with the procedures established by law. This study analyzes the judicial practice of using information from the messenger chat in court proceedings and formulates rules for using the messenger chat and screenshots as an acceptable judicial proof. Among these rules, the following should be noted: mandatory identification of the message recipient, identification of the true will of the message sender, coordination of the order of sending messages via messenger chat, etc.

The article discusses the opinion of scientists about the attribution of a screenshot to written or electronic evidence.

Considerable attention is paid to the problem of using correspondence in the messenger chats as a source of judicial evidence in resolving labor disputes.

The authors made a final conclusion about the positive attitude of Russian courts to the use of information from the messenger chats as a legal source of judicial evidence. The rules of their application warrant attention.

 

Russian Journal of Legal Studies (Moscow). 2020;7(3):9-15
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State registers of population data in the subjects of the Russian State Registers of Population Data in the Subjects of the Russian Federation in the Context of the Law on the Unified Federal Information Register Containing Information on the Population of the Russian Federation
Petrova D.A., Zotov A.D.
Abstract

The paper highlights the legal regime of state registers in Saint Petersburg and Pskov, the main problems of implementing these registers, and the prospects for their work in the light of the new law No. 168-FZ «On the unified Federal information register containing information about the population of the Russian Federation».

Russian Journal of Legal Studies (Moscow). 2020;7(3):16-20
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Theory of State and Law
A systematic approach as a methodological basis for the knowledge of the reception of law
Aznagulova G.M., Mustafin I.R.
Abstract

The study analyzed the principles of interaction between the national legal system such as the reception of law. The reception of law, being a cultural phenomenon of social progress, occurs in a specific social environment backed up by the growing political, economic, social, and legal integration. It serves as a significant factor of mutual enrichment with universal human values. The process is governed by certain methodological prerequisites, such as principles validated by the objective evolution of nature and society.

The research is based on the systemic approach to legal phenomena and the dialectical method, which calls for their study in being, functioning, and development. The meaning and significance of the widely used categories of the legal discourse of social phenomena, such as methodology, interaction, and movement, have been analyzed. Among the variety of movement interpretations, the most fruitful one in the legal science is the extended interpretation by Hegel and its identification with sublation in the dialectical method, emphasizing the unity of movement and legal matter. Such understanding of movement necessitates permanent improvement of the legal system and search for conditions and ways of its stable functioning in the existing external environment.

The author notes the possible applications of natural sciences principles, such as Le Chatelier’s principle and Prigogine’s principle of minimum entropy production, reflecting the facts of stability and directionality of the establishment of a new stability in the reviewed system and other open system interactions.

A set of methodological principles of interaction between national legal systems have been formulated based on the systemic approach and the natural sciences achievements that allow to understand the stability factors of a legal system and the internal reaction of a legal system and its external environment during the reception of law.

Russian Journal of Legal Studies (Moscow). 2020;7(3):21-29
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International law
Vulnerability of the modern criminal legal system of Russia from the methods and means of conducting hybrid wars
Goloskokov L.V.
Abstract

The features of the manifestations of hybrid wars were investigated by examples of its action in certain sectors of science, education, economics, finance, and criminal law. Certain characteristics of actions and events have been identified as elements of a hybrid war and not as random events.

The Criminal Code of the Russian Federation does not contain the necessary articles that would allow sufficient legal protection of the rights of citizens and the interests of the state from the actions and consequences of hybrid wars. In general, the criminal law system is not ready to identify and classify events as elements of a hybrid war, repel hybrid war attacks and waging confrontation, and work on the initial preemption and prevention of hybrid wars.

This article, which is proposed to be introduced into the Criminal Code of the Russian Federation, reveals the concept of hybrid war and provides its full definition in a new article.

In conclusion, criminal legal measures and the possibilities of only the criminal legal system cannot solve the problems of confrontation in hybrid wars, and involvement of all the forces and resources of the state is necessary.

A proposal was made on the need to move to organizing the work of Russian law enforcement agencies on new principles: preemptive and prevention of hybrid wars instead of merely identifying their consequences and fragmentary application of criminal punishment for actions that are insignificant in comparison to the scale and damage caused by a hybrid war.

Russian Journal of Legal Studies (Moscow). 2020;7(3):30-44
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Political and Legal Doctrines
Doctrinal basis of the Soviet law science —epistemological and praxeological dimensions
Apolski E.A., Mordovtsev A.Y., Mamychev A.Y.
Abstract

The article considers the Soviet dissertation theoretical and legal doctrines as a scientific category with a set of specific features. The author draws attention to the fact that the massive layer of legal theoretical knowledge known as Soviet jurisprudence and the legal teachings reflecting the evolution of Soviet law are insufficiently studied in ontological and epistemological terms. In specific, the role, place, and significance of Soviet dissertation legal theoretical teachings are lacking in the literature. Moreover, the Marxist methodology of legal knowledge, which should be used in modern educational and scientific space, lacks clear assessment. The author analyzes the most important thesis on the theory of law, which reflect the ontological and methodological foundations of the Soviet law and legal theory presented in the theses. This article lays the basis and the vector of further development of Soviet jurisprudence. These dissertation doctrines are analyzed to further use them in the scientific research of laws and trends in the development of Soviet legal thought. The results of these analyses are crucial for the history of political and legal doctrines, general theory of law, and philosophy of law and can be used in other areas of legal (including industry) science, considering their interdisciplinary heuristic potential.

Russian Journal of Legal Studies (Moscow). 2020;7(3):45-53
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Civil Law
Some problems of optionality in the civil law of Russia
Andreev Y.N.
Abstract

In civil theory, the concept of dispositive legal regulation and its relationship with legal, normative, individual, autonomous, decentralized, self-regulating regulation has not been created. Modern civil scientists are faced with the task of creating a holistic teaching about the content, forms, and means of this unique phenomenon.

Russian Journal of Legal Studies (Moscow). 2020;7(3):54-57
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Bankruptcy of a citizen — problems of collecting information about the debtor
Gladysheva E.V.
Abstract

The article tackles issues related to the regulation of collecting information about a debtor-citizen in the framework of a bankruptcy case in connection with general civil principles aimed at protecting personal information concerning the private, personal, and family life of the debtor and his/her relatives. Using specific procedural mechanisms and emerging legal approaches, the author analyzes the different interpretations of legal norms regulating this issue in court practice and considers the possibility in bankruptcy cases of citizens when collecting information about the debtor to ensure a balance between the property interests of creditors and the personal rights of the debtor-citizen.

Russian Journal of Legal Studies (Moscow). 2020;7(3):58-63
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Criminal law
Criminological and legal value of the highest position in the criminal hierarchy as characteristics of the social status of the subject of the crime and the personality of the criminal
Karavaeva I.S.
Abstract

The appearance of article 210.1 in the criminal law caused an active discussion in the scientific community and many critical comments. Supporting the idea of the legislator about the need to strengthen the fight against organized crime by criminal legal means, the author notes the failure of the wording used in this norm, the complexity of its practical application, and the violation of the fundamental principles of legality, justice, and guilt. These criticisms are analyzed using the criminal legal approach, which allows projecting the provisions of the criminal law on the criminological plane. Thus, the highest position in the criminal hierarchy, being a special feature of crime, characterizes its social status within the framework of criminal interactions. In addition, the status and role characteristics of the subject have the value of the criminal’s personal characteristics. Given the criminological doctrine of the criminal, the author formulates the concept of the individual special subject of the crime as a specific sociocriminological personality type characterized, as a rule, a high degree of public danger, which is based on the relationship between the social status and role of the offender with criminal threats, a wide range of victimization, criminal commitment, legal nihilism, and capabilities and skills to counteract the preliminary investigation. In support of this definition, the author analyzes the features of the sociodemographic and value-normative subsystems of the personality of a special subject of crime and argues for the relationship with the personality of the criminal as a private with a general one. Justifying the typologization of the personality of a special subject of crime into «socialized» and «non-socialized» types, the author refers to the second person who occupies the highest position in the criminal hierarchy.

Russian Journal of Legal Studies (Moscow). 2020;7(3):64-71
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Theft as damage and unlawful exemption —doctrinal and enforcement problems
Khilyuta V.V.
Abstract

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone else’s property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other people’s property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

Russian Journal of Legal Studies (Moscow). 2020;7(3):72-82
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Combating corruption
Соrruрtiоn-rеlаtеd crimеs аs а fоrm оf cоuntеrасtiоn tо crimе invеstigаtiоn
Kustov A.M., Verenich I.V.
Abstract

This study соnsidеrs thе fоrmаtiоn оf соrruрtiоn-rеlаtеd сrimеs аs а fоrm оf соuntеrасtiоn tо сrimе invеstigаtiоn, fеаturеs оf its рrеtriаl invеstigаtiоn, and thе fоrmаtiоn оf сеrtаin thеоrеtiсаl рrоvisiоns оf thе fоrеnsiс dосtrinе аbоut оvеrсоming thе соuntеrасtiоn tо сrimе invеstigаtiоns.

Russian Journal of Legal Studies (Moscow). 2020;7(3):83-88
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Criminal process
Powers of the prosecutor during pretrial proceedings to protect the rights of victims of crimes
Komarova L.R., Kolesov M.V.
Abstract

The article substantiates the need to change the criminal procedural legislation that regulates the powers of the prosecutor and the status of the victim and gives the prosecutor the right to initiate a criminal case. The proposed changes in the procedural powers of the prosecutor are also considered through the prism of organizing the activities of law enforcement agencies and the impact of statistical reporting indicators on their activities. The experience of prosecutorial and investigative practices and the opinion of distinguished domestic legal scholars are analyzed. The changes proposed by the authors could have a significant positive impact on the work of preliminary investigation bodies and reduce the number of violations committed during preliminary investigation stages. In addition, bringing the status of the prosecutor and the preliminary investigation bodies into a logical procedural position could eliminate unnecessary and inherently harmful corporate competition.

Russian Journal of Legal Studies (Moscow). 2020;7(3):89-93
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