JUDICIAL POWER
Reference:
Maksimova T., Markova T.
Questioning or reading out the testimony of a minor in Russian criminal procedure
// Law and Politics.
2023. ¹ 4.
P. 1-13.
DOI: 10.7256/2454-0706.2023.4.40531 EDN: RBZFZO URL: https://en.nbpublish.com/library_read_article.php?id=40531
Abstract:
The article examines the right of the court not to summon a minor victim or witness to a court session for questioning and the possibility of announcing his testimony, which was previously given during the preliminary investigation, if technical means of recording his production were used during the interrogation with the help of video recording or filming. This problem is investigated in the context of the relationship between the immediacy of the trial, the right of the accused to defense, and above all the right of the accused to personally interrogate witnesses against him, as well as the need to protect minor victims and witnesses, providing them with additional guarantees. The subject of the study is not only the norms of the Criminal Procedure Code of the Russian Federation, but also international legal acts. The article for the first time examines the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, which establish additional criteria for assessing the legality and validity of the disclosure of the testimony of minor victims and witnesses, including the conduct of a confrontation between these persons and the accused; the presence of legal representatives and a psychologist during the interrogation of minors; video recording of the interrogation at the preliminary investigation. The article formulates proposals for improving the norms of criminal procedure legislation, taking into account the balance of interests of the parties and the rights of minor participants in the process. In particular, it is proposed to conduct an interrogation of a minor in court in the absence of the defendant by his defender.
Keywords:
legal positions of the courts, testimony, immediacy of the trial, right to protection, video recording, confrontation, interrogation, minors, material violation of the law, improvement of the law
Law and order
Reference:
Vinner E.R.
The objective side of the crime, the responsibility for which is established in Article 185.1 of the Criminal Code of the Russian Federation.
// Law and Politics.
2023. ¹ 4.
P. 14-23.
DOI: 10.7256/2454-0706.2023.4.40612 EDN: QQCAFG URL: https://en.nbpublish.com/library_read_article.php?id=40612
Abstract:
Special attention is paid to the objective side of the crime, responsibility for which is provided for in Article 185.1 of the Criminal Code of the Russian Federation. The problems arising in the interpretation of the term "malice" of evasion are analyzed. The conclusion is formulated that "malice" should be replaced by "repetition", providing for the interpretation of this term through administrative prejudice in the note to Article 185.1 of the Criminal Code of the Russian Federation. In this regard, it is proposed to exclude the term "malice" from the title of the article, and formulate it as: "Failure to fulfill the obligation to disclose and provide information defined by the legislation of the Russian Federation on securities." The necessity of changing the note to Article 185.1 of the Criminal Code of the Russian Federation by specifying there the numbers of specific articles in the Administrative Code - Part 1 of Article 15.19 of the Administrative Code of the Russian Federation and Part 1 of Article 19.7 of the Administrative Code of the Russian Federation, since the existing term "similar act" causes ambiguity in its interpretation. The introduction of repetition and its interpretation in the note will make it easy to distinguish the crime provided for in Article 185.1 of the Criminal Code of the Russian Federation from an administrative offense, responsibility for which is established in Part 1 of Article 15.19 of the Administrative Code of the Russian Federation "Violations of legal requirements concerning the presentation and disclosure of information in financial markets" and in Part 1 of Article 19.7.3 "Non-presentation information to the Bank of Russia". The exclusion of socially dangerous consequences in the form of major damage to citizens, organizations or the state will allow this norm to become applicable.
Keywords:
provision of information, incomplete information, fake information, major damage, disclosure, revelation, issuers, administrative offense, investor, criminal law
Theory
Reference:
Zabarinskii G.V.
Features of the institute of personal data as an element of the system of law
// Law and Politics.
2023. ¹ 4.
P. 24-35.
DOI: 10.7256/2454-0706.2023.4.40602 EDN: TPQJEY URL: https://en.nbpublish.com/library_read_article.php?id=40602
Abstract:
The purpose of this research is to analyze the institute of personal data in the Russian system of law, its position within the field of information law, to identify the features of the institute as a structural element of the system. The study reflects the main theoretical approaches in the definition and correlation of such concepts as “system of law”, “legal system”, “system of legislation”, “structure of the system of law”. The connection of the institute of personal data with such concepts as privacy, the secret of private life. The article notes about modern understanding of the branches of law, their elements, and the position of the institute of personal data in it. The institute also can be called as mixed or “interbranchial”, material and procedural at the same time, special, regulatory and protective and consisting of norms of various branches of law. The paper concludes about the theoretical possibility of applying methods and types of legal regulation from the civil law to the regulation of personal data, as well as the conclusion about the permissibility of the author's approach in structuring elements of new branches of law.
Keywords:
institute of law, right to privacy, institute of personal data, structure of the system of law, system of legislation, legal system, system of law, terminology, information law, methods of legal regulation
State institutions and legal systems
Reference:
Osipov M.Y.
On the issue of improving the bankruptcy procedure of the liquidated debtor
// Law and Politics.
2023. ¹ 4.
P. 36-47.
DOI: 10.7256/2454-0706.2023.4.40646 EDN: WJEEIJ URL: https://en.nbpublish.com/library_read_article.php?id=40646
Abstract:
The subject of the research in this article is the legal regulation of the bankruptcy procedure of the liquidated debtor. The purpose of the study is to analyze the peculiarities of legal regulation of bankruptcy of legal entities from the point of view of general and specific patterns of legal regulation and requirements imposed on it, to identify problems in legal regulation that create conditions for illegal actions in the bankruptcy of legal entities, including the recognition of a fully solvent debtor as bankrupt. During the study, the analysis of the legal regulation of public relations in the field of insolvency (bankruptcy) was carried out by setting control questions concerning the degree of certainty of elements of these relations, as well as by determining the main types of risks arising in the regulation of these relations. During the study, it was found that the legal conditions for committing illegal actions in bankruptcy are, in particular, the availability of simplified bankruptcy procedures, in particular the bankruptcy of the liquidated debtor, which allows in some cases, in the presence of unfair actions on the part of the management of these legal entities and (or) persons affiliated with this management, to carry out illegal actions. A number of measures are proposed to improve the current legislation in the field of bankruptcy of a liquidated debtor, aimed at both protecting the interests of the debtor and protecting the interests of the creditor, including such as the introduction of mandatory monitoring procedures and mandatory inventory during this procedure.
Keywords:
business law, warning, accounts payable, accounts receivable, concealment, the legislation of the Russian Federation, simplified procedures, legal entities, illegal actions, bankruptcy
Public communications
Reference:
Khamidullin R.S., Chub D.S.
Cybersecurity Policy of Modern Education
// Law and Politics.
2023. ¹ 4.
P. 48-60.
DOI: 10.7256/2454-0706.2023.4.39997 EDN: YMIZDD URL: https://en.nbpublish.com/library_read_article.php?id=39997
Abstract:
The subject of the study is the activity of law enforcement agencies in the fight against cybercrime. The object of the study is the social relations that arise in the field of education during the implementation of the program to combat cybercrime in Russia. The author examines the issues of crimes committed with the help of information technologies or in cyberspace, as well as the organization of counteraction to their commission, activities aimed at protecting the health of citizens, ensuring state and public security. Studies the process of using modern methods in the identification and disclosure of crimes committed using information and telecommunication technologies. Special attention is paid to the strategy of digital transformation of education of schoolchildren and students: according to which students will be able to master the knowledge necessary to protect themselves and their data when working with technical means of communication. The novelty lies in the fact that the way being worked out to solve the problem of growing crime in the information environment and crime using modern technologies directly affects the modern educational processes of schoolchildren and students, who in the future should become a bulwark of protecting the population from cybercrime. The main conclusion of the study is that such an improvement in education will increase the general digital literacy of the population, the level of public confidence in the state, and in particular in law enforcement agencies. It will provide a fast, comprehensive search for malicious sites, in view of which their number, as well as the negative effect of such, will decrease, which will lead to a decrease in cybercrime in Russia.
Keywords:
Internet, international relationships, site authentication, schooling, digital transformation of education, national security, cyber crimes, cybersecurity, prophylaxis, training