Authority and management
Reference:
Vinokurov V.A.
Control and supervision in the Russian Federation : history, modernity and suggestion for improvement
// Law and Politics.
2023. ¹ 5.
P. 1-19.
DOI: 10.7256/2454-0706.2023.5.40659 EDN: XBEQNX URL: https://en.nbpublish.com/library_read_article.php?id=40659
Abstract:
The author examines the existing control powers of state bodies on the basis of the norms of the Constitution of the Russian Federation. It is preceded by an analysis of the state control (supervision) currently carried out by federal state bodies, a brief historical overview of the state control bodies of the Soviet period. The proposals for improving modern state control (supervision) are formulated on the basis of the policy statement of the President of the Russian Federation, expressed at the meeting of the XXV St. Petersburg International Economic Forum, held in 2022. The opinion is expressed on the need to restore people's control over the activities of state bodies, for which the relevant proposals are set out. The article consists of an introduction and three parts, in which, on the basis of numerous normative legal acts, it is concluded that there is no control of the people in the modern Russian state over the activities of state bodies, as well as over the activities of local self-government bodies. It is recognized as necessary to restore people's control under the name of either "people's control of public power" or "public-political control".
Keywords:
public authorities, state bodies, President of the Russian Federation, people's Control, state control, The Constitution of the Russian Federation, the Parliament of the Russian Federation, the Accounting Chamber, the Public Chamber, the organs of democracy
Human and state
Reference:
Paliy V.V., Ragulina A.V.
Issues of the implementation of the principles of justice and humanism in the sentencing of persons with disabilities.
// Law and Politics.
2023. ¹ 5.
P. 20-29.
DOI: 10.7256/2454-0706.2023.5.40650 EDN: XCTVEN URL: https://en.nbpublish.com/library_read_article.php?id=40650
Abstract:
The subject of the study is the problems of implementing the principles of justice and humanism in sentencing persons with disabilities. Analysis of the norms of the current criminal legislation has shown that, on the one hand, the restrictions formulated by the legislator regarding the list of punishments for the disabled of the first and second groups is a manifestation of the principle of humanism, and on the other hand, compel the court to impose affordable (sometimes more severe) types of punishment. As a result, situations arise in which it is possible to talk about the discrimination of persons with disabilities. Accordingly, the principles of justice and humanism addressed to law enforcement bodies (Articles 6, 7, Part 4 of Article 49, Part 5 of Article 50, Part 7 of Article 53.1, 60 of the Criminal Code of the Russian Federation) are not always possible to implement, since there are no effective mechanisms to ensure their implementation in relation to persons with disabilities. The existing system of criminal penalties also, in our opinion, does not allow us to take into account these principles in relation to the category of persons under consideration. The article concludes that in cases where it is not possible for the court, due to the restrictions prescribed in the law, to ensure the implementation of the principles of justice and humanism by imposing punishment, then the presence of the guilty person's invalidity may be the basis for exemption from serving a sentence. This conclusion is based on the fact that the principles of justice and humanism can be ensured not only by establishing fair sanctions and rational rules for sentencing, but also by fixing in law reasonable grounds for exemption from criminal liability and punishment.
Keywords:
criminal punishment, justice, principles, sentencing, identity of the culprit, individualization, disabled, discrimination, Humanism, persons with disabilities
Law and order
Reference:
Severskii G.Y.
Criminal-legal significance of minority of the injured as an aggravating circumstance
// Law and Politics.
2023. ¹ 5.
P. 30-36.
DOI: 10.7256/2454-0706.2023.5.40672 EDN: YQZQMS URL: https://en.nbpublish.com/library_read_article.php?id=40672
Abstract:
The article considers the criminal law significance of signs of infancy and minority of the victim as an aggravating circumstance in the criminal legislation of the Russian Federation. Thus, the subject of research is the social relations that characterize the named circumstance. As part of the work, the author studies various doctrinal approaches to the definition of the concepts of "juvenile" and "minor" in the context of the issues under consideration. In addition, the study touches upon the law enforcement problems of taking into account the infancy and minority of the victim when qualifying a socially dangerous act. The author notes that the inclusion of the minority of the victim among the circumstances under consideration is dictated by the special danger of the person committing such an attack, his inhumanity, the baseness of the motives that prompt him to commit a crime. By analyzing the legal framework, statistical data and provisions of the theory of criminal law, controversial and problematic aspects of the application of the norms of the current criminal legislation in the context of taking into account the minor age of the victim as an aggravating circumstance are revealed. The paper notes that these signs affect the nature and degree of public danger of a crime, differentiating responsibility, being important for qualifying a criminal act and imposing a just punishment. The author proposes recommendations for changing the current criminal law in the relevant part. The author notes that the proposed changes will make it possible to improve the process of individualization of the punishment imposed on the guilty, and will also allow an objective assessment of the degree of public danger of the deed when the court decides the sentence.
Keywords:
qualification, age, criminal, sentencing, minor, juvenile, victim, circumstances, punishment, criminal law
Human and state
Reference:
Kovalev A.A.
Interaction of the Prosecutor's Office with Religious Organizations
// Law and Politics.
2023. ¹ 5.
P. 37-50.
DOI: 10.7256/2454-0706.2023.5.39951 EDN: YRZMNU URL: https://en.nbpublish.com/library_read_article.php?id=39951
Abstract:
The object of the study is the social relations that arise during the interaction of the prosecutor's office, law enforcement and other state bodies with religious organizations, and the impact of this interaction on the prevention of offenses. The author examines such aspects of the topic as the impact of the activities of religious organizations on the legal situation, the impact of cooperation with them of the prosecutor's office, law enforcement and other state bodies on the prevention of offenses, the specifics of the implementation of the directions of interaction of the prosecutor's office with religious organizations. The subject of the study is the materials of law enforcement practice, the norms of legislation on the prosecutor's office, the legislation of foreign countries regulating these public relations, the positions of scientists formed on the issue of interaction with religious organizations of state and, in particular, law enforcement agencies. Despite the separation of religion from the state proclaimed by the Constitution of the Russian Federation, there is obviously an increasing influence on the legal situation of religious organizations, as well as the presence of significant potential for preventing crimes, especially in the field of terrorism and extremism, which is especially relevant in the modern situation. In this regard, there is no doubt that the Prosecutor's office and other law enforcement agencies need to cooperate with them in the field of crime prevention. At the same time, the current legislation does not contain the necessary regulation of such cooperation; scientific study of the issue is also insufficient. Filling this gap, the author of the article, exploring the legal aspects of the implementation of the interaction of the prosecutor's office and other law enforcement agencies with religious organizations in the legal sphere, identifies the directions and forms of their interaction, which is the novelty of the study. The conclusion is formulated about the need to consolidate the duty of interaction of the Prosecutor's office with public and religious organizations in the Law on the Prosecutor's Office, its directions and to consolidate in the order of the Prosecutor General of the Russian Federation the forms of interaction of the Prosecutor's Office with religious organizations, which is a special contribution of the author to the study of this topic.
Keywords:
implementation of supervision, law enforcement agencies, prosecutor's check, offenses, crime prevention, powers of the prosecutor, religious organizations, agreement, prosecutor, interaction
Law practice
Reference:
Vaitiushkevich A.A.
Problems of the lawyer's use of information technologies in activities to protect the rights of the victim in criminal proceedings.
// Law and Politics.
2023. ¹ 5.
P. 51-56.
DOI: 10.7256/2454-0706.2023.5.40738 EDN: ZYPGME URL: https://en.nbpublish.com/library_read_article.php?id=40738
Abstract:
The problems of using information technologies are relevant due to their constant development and implementation in various spheres of human life. Advocacy is no exception. This article is devoted to the peculiarities of their application in the implementation of activities to protect the rights of the victim in criminal proceedings. The author has studied the types and methods of their use at various stages of legal assistance: entering into a case, collecting evidence, participating in a court hearing on a criminal case. The author pays special attention to the peculiarities of assigning a lawyer to a minor victim using an automated system developed with the participation of the Federal Chamber of Lawyers of the Russian Federation. In the work, the author analyzed the current regulatory legal acts, including the latest amendments to the Criminal Procedure Code of the Russian Federation regulating the use of electronic document management in criminal proceedings. The peculiarities of the use of information technologies in the process of providing legal assistance have repeatedly become the subject of research, however, the problems arising in the protection of the rights of the victim in criminal proceedings have not received due attention from scientists. According to the results of the study, the author concluded that there is insufficient regulation of some aspects of digital technologies in advocacy, for example, sending electronic lawyer requests, participating in court proceedings via videoconference, assigning a lawyer to a minor victim. Ways to eliminate existing gaps were proposed.
Keywords:
appointment of a lawyer, lawyer's rights, victim's lawyer, protection of the rights of the victim, the victim, criminal proceedings, information technology, legal assistance, advocacy, lawyer
Stabilization systems: fiscal control
Reference:
Egorov Y.K.
Application of rational choice theory in the framework of regulation of relations arising in the sphere of entrepreneurial activity in financial markets
// Law and Politics.
2023. ¹ 5.
P. 57-65.
DOI: 10.7256/2454-0706.2023.5.40767 EDN: XYXGOA URL: https://en.nbpublish.com/library_read_article.php?id=40767
Abstract:
The subject of the study is to assess the possibility and effectiveness of applying the theory of rational choice in the field of law. Within the framework of this work, the issues of topical problems of applying the theory of rational choice in the field of entrepreneurship in financial markets are raised, as well as the question of which model of rational choice is the most preferable for increasing the effectiveness of legal regulation of entrepreneurial activity in financial markets.General aspect of the research: the context of the development of interdisciplinary research at the intersection of economics and law, "economic analysis of law", behavioral economics, rational choice theory. Theoretical aspect of the study: substantiation of the possibility and expediency of applying the model of strict rationality in the framework of legal regulation of entrepreneurial activity in financial markets. Within the framework of this work, a conclusion is made about the expediency of applying a model of strict rationality in assessing the behavior of entities engaged in entrepreneurial activity in financial markets. As a result of the application of this model of strict rationality, a new horizon of opportunities opens up for the law enforcement officer to create indicators for assessing the unfair behavior of business entities in financial markets through the introduction of tools of economic science. In particular, it opens up the possibility of using ex ante analysis, which classically includes mathematical analysis and, accordingly, the tools of cooperative game theory, in particular, the Nash equilibrium method. The identification of various behavioral anomalies in the analysis of the relations of financial market participants will allow us to create a method of preventive detection of potential risks associated with the actions of business participants in financial markets, which may be recognized in advance as unfair.
Keywords:
economic efficiency of law, Nash equilibrium, cooperative game theory, entrepreneurial activity, economic rationality, Financial markets, Behavioral Psychology, economic analysis of law, Rational choice theory, Economy