Law and order
Reference:
Chabukiani O.A., Makarova E.N.
Surrender: forms of fixation and rules of use in the process of investigation and consideration of a criminal case
// Legal Studies.
2024. № 12.
P. 1-12.
DOI: 10.25136/2409-7136.2024.12.72584 EDN: TNCTYJ URL: https://en.nbpublish.com/library_read_article.php?id=72584
Abstract:
The object of the study is the doctrinal understanding of surrender, the procedural relations that arise between a person reporting the fact of a crime committed by him or in complicity with him, a defender and an employee of the criminal prosecution authority upon receipt of a reason to initiate a criminal case or testimony of a suspect, judicial practice of recognizing surrender as evidence in a criminal case. The purpose of the study is to identify trends in law enforcement practice and consider the possibility of using a confession as evidence in a criminal case. The research methods of the study: the method of analysis (when studying reviews of the courts of appeal and cassation regarding the recognition of the absence of a defender upon receipt of a confession as inadmissible evidence in a criminal case); the method of generalization (when drawing conclusions about the forms of fixing the fact that a person who applied to law enforcement agencies committed a crime). Turning himself in is one of the controversial points in terms of guarantees of participation in such a report of a crime by a lawyer. The revealed forms and methods of bringing the fact of a socially dangerous act committed by a person does not allow to guarantee in all cases the timeliness of inviting a defender (for example, the perpetrator of an accident reporting the fact of hitting a pedestrian with subsequent appearance in the criminal prosecution authorities). Taking into account the diversity of such appeals, as well as respecting constitutional rights, we suggest that in all cases informing law enforcement agencies and appearing before criminal prosecution authorities be considered a mitigating circumstance, regardless of whether the subsequent confession will be recognized as inadmissible evidence in a criminal case.
Keywords:
reporting a crime, defender, invalid proof, proof, mitigating circumstances, proof of guilt, initiation of a criminal case, surrender, indications, the right to protection
Transformation of legal systems
Reference:
Starodubova O.E.
The role of digital platforms in public administration
// Legal Studies.
2024. № 12.
P. 13-27.
DOI: 10.25136/2409-7136.2024.12.72604 EDN: VDHCRH URL: https://en.nbpublish.com/library_read_article.php?id=72604
Abstract:
The object of the study is public relations in the field of public administration. The subject of the study is a set of norms of administrative and information law that regulate relations arising in the process of digital transformation of public administration, as well as the creation and functioning of digital platforms. The author examined various approaches to defining public administration and analyzed the impact of digitalization on the quality of public administration. The strategic importance of digital platforms is noted - an integral element of the digital transformation of public administration as a national development goal of Russia, helping to increase its efficiency and citizen satisfaction with the quality of services provided in electronic form. Selected legislative initiatives in the field of functioning of digital platforms are covered. Legislative innovations in the field of personal data protection are analyzed. Information security trends are presented. The methodological basis of this study is the formal legal method, as well as general scientific methods of analysis and generalization. The main conclusions of the study are statements about the beginning of the transition to a platform model of public administration, the need to implement an additional set of legal, organizational and technological measures in connection with these processes, and to build a correct conceptual and categorical apparatus. Digital platforms in the field of public administration as technological complexes should simplify the processes of interaction between the state and citizens, the business community, and government bodies among themselves and promote economic growth, rather than contribute to the emergence of additional financial and administrative barriers.
Keywords:
platformization, government information systems, national development goals, information security, personal data, Gostech, digital transformation, Public administration, digital platform, digitalization
Anthropology of law
Reference:
Popova I.E.
Reflection of the main legal archetypes in Russian folk tales
// Legal Studies.
2024. № 12.
P. 28-44.
DOI: 10.25136/2409-7136.2024.12.72489 EDN: ZFOIUF URL: https://en.nbpublish.com/library_read_article.php?id=72489
Abstract:
The article is devoted to the description of the phenomenon of legal archetypes of order, property, power, personality and their reflection in Russian folk tales. The identification of these archetypes is to a certain extent conditional, since these elements of the collective unconscious are not given as an immediate empirical reality. Archetypes are dynamic phenomena that manifest themselves in the form of impulses. They give life to myths, religions, and philosophical concepts that affect entire nations. The archetypes of the collective unconscious have a significant impact on the process of legal socialization and constitute in their entirety a matrix of legal behavior. It is necessary to talk about the varying degrees of generalization of these archetypes. Each of them can be "fragmented" into several other archetypes, each of them intersects and is interconnected with the others. Nevertheless, all the listed legal archetypes meet their main characteristics: a) they represent a structural element of the collective unconscious, that is, their existence does not depend on the mental processes of a single individual; b) they do not lend themselves to direct empirical observation, but manifest themselves indirectly, expressed in myths and fairy tales; c) they are typical and repeatable; d) they are universal, manifested in plots that are very similar among peoples of different cultures. Nevertheless, all the listed legal archetypes meet their main characteristics: a) they represent a structural element of the collective unconscious, that is, their existence does not depend on the mental processes of a single individual; b) they do not lend themselves to direct empirical observation, but manifest themselves indirectly, expressed in myths and fairy tales; c) they are typical and repeatable; d) they are universal, manifested in plots that are very similar among peoples of different cultures.
Keywords:
the phenomenon of fairy tales, The archetype of ownership, Jung, The archetype of equivalence, folk tales, legal culture, early legal ideas, The legal archetype, the collective unconscious, Legal awareness
JUDICIAL POWER
Reference:
Kripinevich S.S.
Legal certainty and formalization in the improvement of the criminal procedure form
// Legal Studies.
2024. № 12.
P. 45-55.
DOI: 10.25136/2409-7136.2024.12.72352 EDN: TSFBSG URL: https://en.nbpublish.com/library_read_article.php?id=72352
Abstract:
The subject of the research is the criminal procedure form. The need to improve criminal procedure law leads scientists to form numerous proposals for correcting its content. The proposals are based on the desire to ensure the effectiveness of the criminal procedure form, to increase the level of protection of the rights and legitimate interests of participants. However, the vast majority of opinions expressed in criminal procedure science regarding ways to improve the domestic criminal procedure form are related to the introduction of various additions to the current criminal procedure law, as well as a rather monotonous tendency to improve the criminal procedure form exclusively by the way of its formalization. Such an increase in formalization leads to an increase in the number of contradictory rules that do not correspond to other criminal procedural provisions and are not interrelated with them. The research is based on general scientific and private scientific methods of cognition, which made it possible to analyze sources on the chosen topic and synthesize knowledge about the current state of the domestic criminal procedure form. The analysis of the opinions presented in criminal procedure science regarding the directions of improvement of the criminal procedure form allowed us to formulate significant theoretical conclusions of the author of the manuscript on the studied aspect. The article formulates and substantiates the author's position on the need to diversify the ways to improve the criminal procedure form, among which both the detailing of the criminal procedure form and its differentiation should be used. The leading method of improving the domestic procedural form is formalization. According to the author, individualization should play a positive role in the implementation of this method of further improvement of the criminal procedure form, which, in fact, "launches" the process of formalization. As a result of the research, the author formulated the idea of taking into account to a certain extent the scientific concept of the so-called framework procedural regulation. The main condition in this approach is the recognition by the legislator and the normative consolidation of the powers of officials and state bodies to independently take into account the circumstances that arise within the framework of specific procedural situations and apply alternative procedures to individualize production.
Keywords:
participants in criminal proceedings, individualization, procedural decision, legal framework regulation, improvement, details, formalization, the criminal procedure form, criminal proceedings, formal certainty
JUDICIAL POWER
Reference:
Pleshanov A.G.
On the issue of the criteria for the normative consolidation of the special powers of a representative in the civil process
// Legal Studies.
2024. № 12.
P. 56-74.
DOI: 10.25136/2409-7136.2024.12.72726 EDN: UATYNG URL: https://en.nbpublish.com/library_read_article.php?id=72726
Abstract:
The object of the study is one of the main elements of the procedural and legal status of a representative in the civil process - the special powers of the representative. The subject of the study is the norms of the branches of procedural (civil, arbitration and administrative) law governing the institution of judicial representation, as well as the work of procedural scientists on the problems of representation in court. Special attention is paid to the analysis of the state of legal regulation of the composition of the special powers of the representative, both from the point of view of compliance of the currently consolidated list of these powers with the criteria for classifying them as special, and from the point of view of the possibility or necessity of its replenishment due to the new rights of the parties and other persons involved in the case, which were consolidated after the entry into force of the current CPC RF. The methodological basis of the research consisted of the following methods: analysis, synthesis, system-structural, formal-logical, theoretical-predictive, comparative-legal, interpretation of legal norms. The novelty of the study lies in the fact that for the first time special powers are considered through the prism of objective criteria for their normative consolidation, due to the legal nature of the procedural actions performed by a representative on behalf of the represented. Based on the results of the study, the following conclusions were drawn. The normative consolidation of the composition of the special powers of a representative should be based, first of all, on the following criteria for classifying powers as special: the administrative nature of the representative's actions, the consequences of the representative's actions for the principal, the influence of the representative's actions on the emergence and movement of the case. The effect of several criteria simultaneously in relation to a particular authority should be considered as a factor additionally indicating the need for their inclusion in the special ones. In addition to the criteria, the adjustment of the scope of special powers should take into account: a) the need for a unified approach to regulating the issue of special powers of a representative in three types of legal proceedings — civil, arbitration and administrative; b) the emergence of new rights of the parties, the emergence of which, taking into account the criteria for attribution, should be based on direct consolidation in the power of attorney. Based on the analysis of the impact of the selected criteria on the regulation of the composition of the special powers of the representative, as well as taking into account the need to eliminate unjustified discrepancies in the regulation of this issue in civil, arbitration and administrative proceedings, proposals were made to supplement the list provided for in art. 54 of the CPC RF.
Keywords:
submission of an additional claim, signing of the statement of claim, conclusion of a mediation agreement, the right to appeal, consequences of the representative's actions, disposal actions of litigants, the movement of the case in court, the general powers of representative, the special powers of representative, judicial representative