Law and order
Reference:
Viatkin A.A.
About the problem of obtaining information necessary to prove the guilt of persons involved in the illegal acquisition, storage and smuggling of wood.
// Law and Politics.
2023. ¹ 11.
P. 1-10.
DOI: 10.7256/2454-0706.2023.11.68861 EDN: KNEXEL URL: https://en.nbpublish.com/library_read_article.php?id=68861
Abstract:
The subject of the study is the existing practice of investigating crimes related to the illegal acquisition, storage and smuggling of wood, the results of theoretical and applied scientific research conducted in this field. As the main factors determining the existence of the problem considered in the course of the study, the author identifies: the complex nature of criminal actions that precede the illegal export of forest products; the organized nature of criminal activity; a significant amount of information that is subject to analysis as part of the investigation; the concealment by criminals of their awareness of the illegal origin of wood and the illegality of its export. Special attention is paid to the role of witnesses in criminal cases as well as work with them. The scientific novelty of the work lies in the algorithm proposed by the results of the study for obtaining meaningful information, which consists of two stages of investigative work and takes into account the peculiarities of the method of wood smuggling, and is also focused on the above factors. In addition, it allows you to streamline the process of searching, recording and analyzing information that is necessary to solve the problem of proving the guilty of specific persons. Its application is considered by the author on the example of working with certain categories of witnesses, however, it is universal and in practice can be used by the preliminary investigation body when working with various sources of information.
Keywords:
obstructing the investigation, criminal process, investigation problems, illegal timber export, interrogation of a witness, investigative actions, crime investigation methodology, organized crime, timber smuggling, illegal timber trafficking
JUDICIAL POWER
Reference:
Kripinevich S.S.
Judicial practice and its unity: problems of definition and ways of their solution
// Law and Politics.
2023. ¹ 11.
P. 11-21.
DOI: 10.7256/2454-0706.2023.11.68879 EDN: JNYSLO URL: https://en.nbpublish.com/library_read_article.php?id=68879
Abstract:
Emphasizing the importance of judicial practice, the author notes that based on the results of the assessment of various aspects of judicial practice, conclusions are drawn about trends in judicial activity, about the effectiveness of procedural legislation, legislation defining the rules for the formation and functioning of the judicial system, as well as other legal acts, about the level of legality in judicial activity, as well as in the activities of pre-trial proceedings (for example, in the field of criminal justice), ensuring the rights of the individual and on many other issues. Particular attention is paid in the article to the definition of the very concept of "judicial practice", based on the identified characteristic features that allowed to reveal its essence and formulate a definition. The study also draws a correlation between "general applicability" and such concepts as "unity of judicial practice" and "uniformity of judicial practice". In his research , the author comes to the following conclusions: 1. Judicial practice is a set of any procedural acts created in the course or as a result of judicial activity. Judicial practice should include both court decisions (final or interim) and protocols of judicial actions, as well as other documents that may become the basis for the occurrence of legally important consequences. 2. General applicability is considered as the possibility of using the results of one judicial body by other courts in their procedural activities. 3. The unity of judicial practice is considered as a property that is not inherent in judicial practice by definition, but it is a necessary quality that is subject to formation in judicial practice by taking appropriate measures on the part of the authorized judicial body.
Keywords:
general applicability, criminal proceedings, uniformity, judicial practice, law enforcement, unity judicial practice, Criminal proceedings, interpretation, application rules law, rules law
Law and order
Reference:
Greben'kova L.A.
Criminal and legal qualification of the victim of the crime of enticing a minor into committing acts endangering his life (Article 151² of the Criminal Code of the Russian Federation)
// Law and Politics.
2023. ¹ 11.
P. 22-34.
DOI: 10.7256/2454-0706.2023.11.68993 EDN: ARBRYE URL: https://en.nbpublish.com/library_read_article.php?id=68993
Abstract:
This article explores the intricate landscape of criminal-legal relations pertaining to the definition of characteristics of victims, particularly minors, within the framework of Article 151² of the Criminal Code of the Russian Federation. The author unravels the psychological, social, and legal foundations underpinning the inclusion of "minor" as a distinct category characterizing crime victims. Emphasizing modern perspectives on human development and the determination of the age of majority, the study delves into the nuanced legal status of minors as both subjects and victims of criminal acts. Employing general scientific methods, formal-legal interpretation, and critical-legal analysis, the author scrutinizes the existing legal norms, shedding light on their shortcomings. Special attention is dedicated to unique categories of juvenile victims, such as emancipated individuals and those with social and mental development peculiarities. The research marks a contribution by offering the first comprehensive analysis of victim characteristics governed by Article 151². Key findings underscore the necessity of recognizing minors as a distinctive victim category, driven by inherent psychological traits, the demand for specialized legal protection, and their limited legal status. The study highlights specific temporal constraints related to the minor age of victims and minimizes the relevance of personal characteristics and moral qualities in cases involving crimes committed by minors. Proposing legislative improvements, the article enhances understanding and discourse in this complex intersection of criminal law and juvenile victimology.
Keywords:
minors, growing up, mental immaturity, emancipation of minors, crimes against minors, involvement of a minor, public danger, the victim of a crime, protection of childhood, parenting
State institutions and legal systems
Reference:
Vronskaya M.V.
Comparative legal study of the application of a civil penalty as an interim measure in Russia and foreign countries
// Law and Politics.
2023. ¹ 11.
P. 35-50.
DOI: 10.7256/2454-0706.2023.11.68975 EDN: CKCGWP URL: https://en.nbpublish.com/library_read_article.php?id=68975
Abstract:
The subject of the study is a comparative legal analysis of Russian and foreign legislation in terms of the legal nature of the civil penalty as an interim measure in order to implement positive experience in Russian law enforcement practice. The author examines in detail the legislative foundations of the civil penalty by the EU countries, the USA and England in terms of establishing a common and different legal essence, and legislative meaning in the formulation of provisions aimed at the implementation of this institution by subjects of property relations. The substitution of the security function of the civil penalty by a foreign legislator, its "sanction" essence, is noted, however, along with this, the unconditional observance by the US courts of the freedom of expression of the parties to the contract in terms of determining the rules for the application of the penalty is seen as a positive experience. The author believes that such an approach can be copied in Russia, where the courts take a slightly different position, reducing the penalty on the debtor's application in the vast majority of cases. The paper uses a comparative legal analysis of foreign practice of civil penalty regulation in order to formulate conclusions regarding the subject of the study. Through the application of this methodology, it was found that, in foreign countries, unlike Russia, a civil penalty is applied as a measure of civil liability, and not a security one, which does not affect the positive practice of its application. The main conclusions of the study, along with the definition of similarities and differences in the application of the civil penalty by Russian and foreign legislators, are: the predominance of the security function of the Russian model of penalty, stimulating contractual discipline of participants in property relations; a "rational" approach to establishing the right of the parties to reduce the size of the penalty, ensuring a balance of interests of the parties; determining the possible copying of positive American experience in terms of unconditional compliance with the freedom of expression of contractual regulation of the civil penalty by entrepreneurs by fixing in the Civil Code of the Russian Federation a written confirmation of the creditor's right to recover the penalty in case of delay of the obligation or its improper performance and acceptance of such performance by the creditor. Such a rule makes it possible to strengthen the security function of the penalty and act as a way to protect the interests of the creditor in the event of improper (defective) performance of the obligation by the debtor.
Keywords:
freedom of contract, creditor rights, judicial discretion, downsizing, foreign practice, measures of responsibility, securing obligations, proportionality, penalty, arbitrage practice
Transformation of legal and political systems
Reference:
Bagandova L.Z.
Rehabilitation of Nazism in Russian Legislation: Historical and Legal Analysis
// Law and Politics.
2023. ¹ 11.
P. 51-61.
DOI: 10.7256/2454-0706.2023.11.68846 EDN: MGTEEH URL: https://en.nbpublish.com/library_read_article.php?id=68846
Abstract:
The subject of this study is the prerequisites for the development of the rehabilitation of Nazism on the territory of the Russian Federation after the collapse of the USSR, as well as the issues of regulation of this phenomenon in the history of post-Soviet legislation. The author pays special attention to substantiating the reasons for the appearance of followers of Nazism in Russia and notes that the reason for this was the sharp decline in the political, cultural, moral, economic spheres of society in the 1990s, the lack of due attention to the level of education, which affected the general intellectual and spiritual state of Russian youth. It is noted that attempts to stop the development of Nazism on the territory of the state have been repeatedly made. The novelty of the study lies in the fact that it is a comprehensive analysis of the rehabilitation of Nazism as a deviation, where both historical and legal aspects of such a phenomenon are considered. Explanations of the criminalization of the rehabilitation of Nazism, as well as the problems of the considered corpus delicti, are given. The author claims that the appearance of a new legal norm in the Criminal Code of the Russian Federation has not facilitated law enforcement, since due to errors in legal technique and the construction of the norm as a whole, the lack of definitions for a clearer understanding of the actions that make up the objective side of the present corpus delicti, complicates the activities to identify and bring to justice under this norm.
Keywords:
Falsification of evidence, Tokyo Tribunal, Fascism, Communism, Deviations, Extremism, Nuremberg Tribunal, USSR collapse, Reabilitation of Nazism, Nazism
Law and order
Reference:
Kuznetsova A.R.
Complex Theoretical and Legal Analysis of the Signs of a void Transaction
// Law and Politics.
2023. ¹ 11.
P. 62-68.
DOI: 10.7256/2454-0706.2023.11.38684 EDN: LUMWFZ URL: https://en.nbpublish.com/library_read_article.php?id=38684
Abstract:
The subject of research in this article is the norms of substantive law that characterize such a special segment of civil law relations as insignificant transactions, as well as law enforcement practice for their conclusion and implementation within the framework of modern economic turnover. The author in the article analyzes the legislative construction of the concept of an insignificant transaction, talks about its "defects". The problem is also aggravated by the lack of unity of views on its explanation in the scientific community, which necessitates a separate study focusing exclusively on the definitive apparatus. The problematic field of Russian legislation is also the basic signs (criteria) themselves that determine the invalidity of insignificant transactions within the framework of civil turnover, which the author pays special attention to in view of their multifaceted practical significance, which determines such basic legal parameters as "public interests", "interests of third parties", legal inefficiency. To conduct the research, the author used a methodology that includes an analytical review of regulatory legal and scientific literature on the subject of research, synthesis and generalization of the collected data, formation of optimal parameters of the model for determining the nullity of a transaction within the framework of modern civil law. The result of the work is the original author's proposals and recommendations of the legislative "revision" of civil legislation, forming innovations in law. In particular, in the form of draft articles, an updated definition of an insignificant transaction is proposed, their specific types and characteristic features are isolated. The author's concept of public interests is formulated. In their entirety, the components of the novelty of the article.
Keywords:
legal inefficiency, public interests, maintainability, vice, protection of the right, invalidity, an insignificant transaction, civilistic doctrine, Civil Code of the Russian Federation, interests of third parties
Authority and management
Reference:
Petrovskaya M.I.
The refugee as an object of public administration in Russia: problems of administrative and legal regulation
// Law and Politics.
2023. ¹ 11.
P. 69-80.
DOI: 10.7256/2454-0706.2023.11.68878 EDN: LSIDSK URL: https://en.nbpublish.com/library_read_article.php?id=68878
Abstract:
The subject of this study is public relations in the sphere of implementation of the refugee institution as an object of public administration. The current tense geopolitical situation and significantly increased migration flows pose qualitatively new challenges for the public administration system in the field of forced migration and require modernization of current legislation and public administration practices. The article examines the international legal basis for regulating the institution of refugees, which laid down the main vectors of national migration policy, taking into account current geopolitical realities. The relationship between the concepts of “refugee”, “forced migrant” and “forced migration” is considered. The purpose of this article is to develop proposals for optimization and modernization of the legal regulation of the refugee status in the Russian Federation. Certain promising areas for improving legislation and public administration practices in the field of forced migration are noted, including improving statistical activities, developing the direction of long-term planning and optimizing existing administrative procedures. The main conclusions of the study are built around the problems of implementing statistical activities, which contradict each other and demonstrate the backwardness of the existing system of government management of forced migration. The value of this study lies in the systematic study of statistical problems and problems of public administration in the field of forced migration in the context of administrative and legal regulation. Conclusions and recommendations are made regarding the modernization of public administration in the field of forced migration.
Keywords:
temporary shelter, administrative procedures, public administration, forced migration, forced migrant, administrative and legal regulation, refugee, temporary protection, statistics, illegal migration
JUDICIAL POWER
Reference:
Berestennikov A.G.
To the question of the perception of legal logic by jurors (from the position of the prosecution)
// Law and Politics.
2023. ¹ 11.
P. 81-90.
DOI: 10.7256/2454-0706.2023.11.68843 EDN: LRSQSC URL: https://en.nbpublish.com/library_read_article.php?id=68843
Abstract:
The subject of the study of this article is the peculiarities of reflection in the minds of jurors taking part in the administration of justice, the legal logic that underlies both the criminal process and the charges brought against the defendant. Considering this problem through the prism of the procedural role of the public prosecutor, the author turns to presumptions, fictions and stable expressions, that is, professional cliches that are accepted in the legal community, but may not be understandable to jurors. The article provides examples of such presumptions, fictions and cliches and reveals the difficulty of understanding their logic on the part of an ordinary person. The main conclusions of the study are reduced to the need for the public prosecutor to use preventive thinking when making an introductory statement, when forming a question sheet and during a speech in the debate of the parties. The public prosecutor should not only know the materials of the criminal case perfectly, but also be able to bring them to the attention of jurors in an accessible way. Preliminary work with the text should play an important role: presumptions, fictions and professional stamps should be excluded from it, if possible; if it is impossible to do this, it is necessary to explain their essence to the members of the board who administer justice.
Keywords:
criminal process, jurors, legal logic, fictions, presumptions, professional stamps, opening statement, public prosecutor, question paper, debate between the parties
Legal and political thought
Reference:
Gorban V.S., Gruzdev V.S.
The nature of G. Kelsen's legal views
// Law and Politics.
2023. ¹ 11.
P. 91-100.
DOI: 10.7256/2454-0706.2023.11.68818 EDN: LKOTWB URL: https://en.nbpublish.com/library_read_article.php?id=68818
Abstract:
The article examines the legal ideas of the Austrian lawyer H. Kelsen, which became a significant milestone in the history of legal thought in the second half of the twentieth century and remain relevant for the modern theory of state and law. The interest in H. Kelsen's ideas is conditioned by both substantive moments and reasons related to ensuring a proper understanding of the nature and place of his legal teaching in the history of political and legal thought. Along with the scientific and cognitive significance of his work for the modern theory of state and law, it is nevertheless accompanied by numerous inaccuracies, ideological distortions and falsifications. The article shows that the research of H. Kelsen only continues the long tradition of "pure" teachings on law, largely reproduces the previously known and quite popular ideas of their predecessors. It is not at all a source for the modern theory of law, as is often stated in the scientific literature, but only demonstrates the possibilities of a certain development of legal understanding and ways of knowing law based on a combination of the traditions of Kantianism ("pure doctrines of law"), neo-positivism, interpretation as an explicit problem of philosophy. The research methodology is based on special methods of studying political and legal doctrines, including source analysis, linguistic analysis of foreign texts, comparison.
Keywords:
logical positivism, interpretation of law, pure law, modern theory of law, neo - Kantianism, normativism, Kelsen, history of legal thought, normological positivism, normal law