Uvarov A.A., Iakovlev-Chernyshev V.A. —
On the control and supervisory functions of the Ministry of Justice of the Russian Federation
// NB: Administrative Law and Administration Practice. – 2023. – ¹ 4.
– P. 120 - 134.
DOI: 10.7256/2306-9945.2023.4.68777
URL: https://en.e-notabene.ru/al/article_68777.html
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Abstract: The subject of the study is the functions of the Ministry of Justice of Russia, special attention is paid to the control and supervisory function. The purpose of the study is to identify defects in regulatory legal acts that fix the list and content of the functions of the Ministry of Justice of the Russian Federation, as well as to find ways to correct them.
The research methodology is based on systematic and complex approaches, includes a set of general scientific and private scientific research methods, including methods of analysis, synthesis, induction, deduction, system-structural, logical, formal legal, etc.
The authors analyzed a set of legal acts regulating the organizational and legal aspects of the implementation of the functions of the Ministry of Justice of Russia. According to the results of the study, the following main results were obtained: the imperfections of the Regulations on the Ministry of Justice of the Russian Federation were revealed, including the confusion of the concepts of "functions", "powers", "area of jurisdiction", going beyond the functions of the Ministry of Justice of Russia to the level of discretion of the federal legislator, as well as insufficient specification of the powers of the Ministry of Justice of Russia in areas of the legal organization of local self-government; the author's classification is proposed, which allows improving the situation on the basis of systematization and clarification of the content of the functions performed by the Ministry of Justice of the Russian Federation; the peculiarities of the implementation of the control and supervisory function of the Ministry of Justice of the Russian Federation in relation to various subjects of law subject to verification are revealed; it is substantiated that the Ministry of Justice of the Russian Federation, together with the Federal Notary Chamber, should eliminate contradictions between the Code of Professional Ethics of notaries and the Labor Code of the Russian Federation. The conclusions and results obtained can be used in the activities of the Ministry of Justice of the Russian Federation, when conducting further legal research in the field of public law.
Iakovlev-Chernyshev V.A. —
On the problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal proceedings
// Police and Investigative Activity. – 2021. – ¹ 3.
– P. 49 - 58.
DOI: 10.25136/2409-7810.2021.3.37386
URL: https://en.e-notabene.ru/pm/article_37386.html
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Abstract: The research subject is the problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal procedure in Russia, considered in the context of provision of human and civil rights and freedoms and the observance of the principle of legal certainty. The purpose of the research is to define the key problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal proceedings, and the development of the ways to solve them.
The research methodology is based on the system and comprehensive approaches and includes the set of general scientific and specific research methods, particularly analysis, synthesis, formal-legal, comparative legal methods, etc. To achieve the research goal, the author analyzes the practice of Supreme Courts of Russia, the European Court of Human Rights, the doctrinal views of Russian processualists, and defines the key problems of using evidence collected during criminal intelligence and surveillance operations, in criminal proceedings, and formulates the ways to solve them. The author finds out that the judicial practice and doctrine mainly consider certain aspects of the problem under study, with no system approach to its understanding; the author proves that the main problem lies in the field of provision of human and civil rights and freedoms, and the observance of the principle of legal certainty; the author formulates recommendations about amending the legislation based on the constitutional principles and international standards, and the following legalization of evidence collected during criminal intelligence and surveillance operations. The conclusions of the research can be used in the work of law-enforcement bodies and for further research in the field of criminal procedure.
Iakovlev-Chernyshev V.A. —
Digitalization of state administration in the Russian Federation: advantages and risks
// NB: Administrative Law and Administration Practice. – 2021. – ¹ 2.
– P. 42 - 51.
DOI: 10.7256/2306-9945.2021.2.36011
URL: https://en.e-notabene.ru/al/article_36011.html
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Abstract: The subject of this research is the organizational-legal aspects of digitalization of state administration in the Russian Federation. The goal is to detect the key risks associated with digitalization of state administration at the current stage, as well as seeking the ways for their elimination. Research methodology is employs systemic and complex approaches, set of general and private scientific research methods, including analysis, synthesis, induction, deduction, system-structural, logical, formal-legal, etc. For achieving the set goal, the author explores the main vectors, determines advantages, and systematizes risks associated with digitalization processes in the system of state administration at the present stage of development of the Russian society. Based on the acquired results, the author draws the following conclusions that contain the elements of scientific novelty: the risks associated with digitalization processes in the system of state administration include organizational-administrative, economic, informational, and legal groups; description is given to the essence of each risk group; special attention is given to the legal aspects. Recommendations are made for mitigating the legal risks through improving the normative legal framework of digitalization of state administration in the Russian Federation. The presented materials can be implemented in the activity of public administration bodies, as well as further research in the area of digitalization of state administration.