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卷 3, 编号 3 (2024)

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Theory and history law

The Principle of Legal Certainty

Ivanov N.

摘要

The article analyzes the principle of legal certainty, which is the subject of consideration not only of the legal doctrine, but also of the Constitutional Court of Russia, as well as international judicial bodies. A legal norm should have a concretized expression, but in a number of cases, the specificity of the normative material is either difficult or impossible due to various reasons. Nevertheless, it is inexpedient to get rid of such norms with an indefinite content, since they have a pragmatic load and correspond to the principle of justice, which, in particular, is expressed in the idea of the equality of citizens before the law.

Lobbying in the Legislative Process. 2024;3(3):11-15
pages 11-15 views

Public law (state law)

Prospects for the Introduction of the BRICS Single Currency in the Context of the Functioning of the National Russian Currency

Antipin D., Filimonova A.

摘要

The article is devoted to the study of the introduction of a single currency within the framework of the BRICS. In particular, the issue of the influence of this currency on the functioning of the Russian national currency is being considered. The object of the study is public relations related to the creation of a single currency of the BRICS integration association. This work is an actual study in modern conditions against the background of the active growth of the BRICS and the beginning of the work of the participating countries on the implementation of the single currency project. As a result of the research, the authors comes to the conclusion that the implementation of the BRICS single currency is a significant project for unification, capable of influencing the global economic system in general, as well as individual financial, monetary and economic national indicators of states in particular.

Lobbying in the Legislative Process. 2024;3(3):22-27
pages 22-27 views

Human Rights Principles in the Constitutional Restriction of Individual Rights and Freedoms in Russia

Markheim M., Lukyanova I.

摘要

Taking into account the analysis of the provisions of the Constitution of the Russian Federation, the legal position of the Constitutional Court of the Russian Federation and doctrinal research, the article presents conclusions regarding the existence of human rights principles of constitutional restriction of individual rights and freedoms in the Russian state. In order to determine the list of such principles, the work carried out a comprehensive understanding of the institution of restriction of rights and freedoms. It was noted that such principles directly follow from the text of the Constitution and establish the boundaries of the competence of public authorities. The author’s list of principles of constitutional restriction of individual rights and freedoms was formed.

Lobbying in the Legislative Process. 2024;3(3):16-21
pages 16-21 views

Private law (civil)

Problems of Representation Based on the Law from the Standpoint of the Doctrine of Legal Personality

Dolinskaya V.

摘要

There is still no consensus in the doctrine on the concept and types of representation. There is a “blurring” in legislation and other legal acts of the category of “representation on the basis of the law”. The positions on the concept and classification of representation are summarized by the method of historical and comparative analysis. The problems of representation on the basis of the law in relation to minors and legal entities have been identified. The directions of improvement of legislation and other legal acts on the studied problem are proposed. The article is addressed to legal scientists and law enforcement officers.

Lobbying in the Legislative Process. 2024;3(3):28-34
pages 28-34 views

NFT Financial and Legal Regulation: Necessity and Sufficiency

Sokolova E., Filimonova A.

摘要

The article raises the question of the need to create a legal framework capable of regulating new financial elements; examines the diversity of the nature of a non-interchangeable token; analyzes the relationship of NFT with classical structures such as the object of civil relations, copyright and others; concludes the importance of distinguishing the essence of NFT in each case; the result of the study is a proposal to regulate individual manifestations NFT through the adoption of special legislation.

Lobbying in the Legislative Process. 2024;3(3):35-38
pages 35-38 views

Criminal law

The Modern Criminal Code of the Russian Federation Has Lost its Systematicity: Controversial Issues

Serebrennikova A.

摘要

Purpose of the study. The article discusses the problems associated with the loss of its systematic nature by the modern Criminal Code of the Russian Federation. The systematic nature of criminal legislation is analyzed as its most important and necessary property. It is determined that the basis for goal-setting of criminal policy is to achieve the most significant reduction in crime through the development of a strategic approach, tactical implementation and conceptual framework for combating crime through the application of criminal legislation, taking into account the fact that it attaches special importance to the systematicity of criminal law norms. Since the Criminal Code of the Russian Federation represents the main legislative framework, ensuring its consistency is one of the primary tasks of the legislator. The influence of changes made to the Criminal Code on its systematic nature is explored. Conclusions. As a result of the study, the author comes to the conclusion that the Criminal Code of the Russian Federation, which is a codified legal act, has lost its consistency, having lost its quality indicators that meet its objectives. There is an urgent need to adopt a new edition of the Criminal Code of the Russian Federation, since the current Criminal Code does not fully meet its objectives and the requirement of consistency. Being the most important element of criminal policy, the new edition of the Criminal Code of the Russian Federation must be implemented with special care, taking into account the principles of criminalization. Failure to comply with these principles can lead to a violation of the corresponding balance, which leads to the loss of the main property – the systematic nature of the criminal law.

Lobbying in the Legislative Process. 2024;3(3):39-43
pages 39-43 views

Exemption from Criminal Responsibility and Punishment in Connection with Participation in Hostilities

Ivanov N.

摘要

The article analyzes the novelties adopted in the Criminal Code of the Russian Federation, dedicated to the exemption from criminal liability and punishment of persons participating in hostilities as part of the Russian troops. Since there is no practice of applying only recently adopted norms, the author analyzes the relevant norms based on legal logic (the spirit of the law), relying on regulatory legislative acts.

Lobbying in the Legislative Process. 2024;3(3):44-48
pages 44-48 views

Domestic Violence as a Criminal Law Phenomenon

Yatselenko B., Utkina A.

摘要

The topic under consideration has always been and remains relevant in the context of modern realities, in particular, because domestic violence has a latent character compared to other types of crimes, and meanwhile, carries no less social danger. Domestic violence is a gaping hole not only in the social sphere of our society, but also in the legal one. In particular, in the field of criminal law, there is still a gap in the regulation of domestic violence, ways to fill which are proposed in this article.

Lobbying in the Legislative Process. 2024;3(3):49-53
pages 49-53 views

Problems of the Institution of Recidivism in Modern Criminal Law

Akimova N., Soshnikov I.

摘要

The presented scientific article examines the main problems associated with the institution of recidivism in modern criminal law. The author analyzed the concept of recidivism, its features, and the role of law enforcement agencies in the prevention and control of recidivism. In addition, the main causes and characteristics of the conditions for the commission of crimes by repeat offenders are considered. The main methods of preventing relapses are highlighted. There are a number of conditions that specifically affect the level of recidivism, and, accordingly, on the way to its eradication. Possible ways of solving the problems identified by the author were also proposed.

Lobbying in the Legislative Process. 2024;3(3):54-58
pages 54-58 views

Countering the Use of Digital Currency in Legalization (Laundering) Cash

Yatselenko B., Shadrikhina I.

摘要

This article focuses on the qualification of the legalization of funds acquired unlawfully through the utilization of digital currency, a prevalent occurrence in contemporary times. The crime of legalization is a highly concealed one, which is why criminal groups have found money laundering to be an effective method. With respect to this issue, it is essential for the legislator to carefully examine multiple regulatory legal provisions to bolster the effectiveness of combating the legalization (laundering) of income through digital currencies. Within the framework of the article, the author examines the inconsistency of the criminal legislation of Russia, which establishes responsibility for the crime in question, and provides general recommendations on countering this act.

Lobbying in the Legislative Process. 2024;3(3):59-63
pages 59-63 views

Features of Training of Officers for Preliminary Investigation Bodies in Foreign Countries

Akvit V., Kartashov I.

摘要

The article deals with the issue of features of training of officers for preliminary investigation bodies in the USA, the UK and in France. For comparison, the features of the training of officers on the territory of the Russian Federation.

Lobbying in the Legislative Process. 2024;3(3):64-68
pages 64-68 views

Comparative Analysis of Police Activity in Russia and the UK

Akvit V., Novikov N.

摘要

The article examines the specifics of police activities in Russia and the United Kingdom, compares the main organizational aspects of police functioning, namely communication with the state, policing, the use of firearms, selection and training of law enforcement officers, and summarizes the results.

Lobbying in the Legislative Process. 2024;3(3):69-71
pages 69-71 views

International law

Punishment in the Doctrine of International Criminal Law and the Practice of International Tribunals Ad Hoc

Kibalnik A.

摘要

The article provides an analysis of the doctrinal understanding of the purposes of punishment in international criminal law. The author notes that there is a certain unity in this issue in the Russian and foreign doctrine of international criminal law. The practice of international criminal tribunals ad hoc, recognized by Russia, is also analyzed in terms of understanding the purposes of punishment. General issues of such types of punishment as life imprisonment and imprisonment for a certain period are studied.

Lobbying in the Legislative Process. 2024;3(3):72-76
pages 72-76 views