Reference:
Nakib D.V..
Ways to reform the institution of private prosecution in Russia
// Police and Investigative Activity.
2025. № 1.
P. 16-26.
DOI: 10.7256/2409-7810.2025.1.73177 EDN: VBXHHO URL: https://en.nbpublish.com/library_read_article.php?id=73177
Abstract:
Private prosecution as an institution dates back to pre-revolutionary Russia, where, despite the lack of clearly formulated legislation in this area, there were certain principles that allowed citizens to independently defend their rights in criminal law proceedings. The current stage of development of the legal system in Russia needs to rethink the role of private prosecution, focused on creating a more effective and fair process. The author analyzes the features of the proceedings and the status of persons who are participants in private prosecution proceedings. Opinions on the exclusion of the form of private prosecution from domestic criminal law literature are considered, in connection with which it is proposed to expand the powers of magistrates in terms of assisting the parties in collecting evidence. The study of the institution of private prosecution in Russia requires a comprehensive, balanced approach, which is based on the use of various methodological tools, namely: comparative legal analysis, regulatory analysis of current legislation in the field of private prosecution, as well as an analysis of the practice of private prosecution in Russia. Scientific novelty of the research lies in the need for a deep rethinking of the role and functions of this the institution in the modern conditions of the legal system. In the light of modern challenges and trends related to globalization and changing public relations, the institute of private prosecution in Russia faces a number of significant problems that require comprehensive scientific analysis and legislative improvement. On the one hand, private prosecution is an important mechanism for protecting the rights and legitimate interests of citizens, providing an opportunity to directly initiate criminal prosecution regardless of the position of public prosecutors. However, in practice, this institution often functions inefficiently due to the lack of clear procedures, the lack of competent specialists and the general lack of legal culture in society. In conclusion, it is worth noting that the reform of the institution of private prosecution in Russia should become a complex task that can be solved jointly with the participation of legislators, human rights organizations and citizens themselves. Only through joint efforts is it possible to create a truly working and fair mechanism that will ensure the protection of citizens' rights and strengthen public confidence in the country's legal system.
Keywords:
private prosecution, procedural status, criminal law, collecting evidence, court decision, Justice of the Peace, The private prosecutor, private prosecution cases, the criminal case, private complaint
Reference:
Malakhov A.V., Sergeeva K.A., Yurtaev V.A..
Responsibility for Damage to the Surface Layer of the Land: Problems of Jurisprudence in the Russian Federation
// Police and Investigative Activity.
2023. № 1.
P. 1-9.
DOI: 10.25136/2409-7810.2023.1.39566 EDN: LHSETQ URL: https://en.nbpublish.com/library_read_article.php?id=39566
Abstract:
The purpose of this study was a comprehensive analysis of the current legislation and law enforcement practice in the Russian Federation to develop proposals for improving the mechanism of bringing to responsibility for causing harm to the surface layer of the earth. The subject of the study is the current legislation and judicial practice on the selected issue, in which ineffective aspects of coercive measures in the designated area were developed. The methodological basis of the study consisted of such methods as comparison, analysis, complex system method, induction, deduction, as well as the formal legal method. The main developers of this problem are Anisimov A. P., Ivakin V. I., Sukhova E. A. and some others. The results of the work were conclusions about the ineffectiveness of the enforcement system in cases involving damage to the soil. The low legal awareness of the population was revealed due to the lack of environmentally oriented measures of responsibility for land offenses. This is also due to the lack of a clear mechanism for compensating such harm by the forces of the perpetrator. The authors consider it necessary to develop more specialized administrative responsibility structures to increase the importance of soil protection in the current conditions, as well as to unify the mechanism of compensation for damage to the soil "in kind". The conclusions and suggestions obtained in the course of the study on optimizing the existing system of bringing responsibility into account are valuable for their practical application, as they allow paying attention to the existing problems of the law enforcement officer and will ensure the improvement of legislation.
Keywords:
land and legal responsibility, compensation for damage, land protection, rational use of land, types of responsibility, land offense, impact on the soil, legal responsibility, soil, environmental disaster
Reference:
Manin I..
Defense of the Fatherland: Conscription for Military Service on Mobilization
// Police and Investigative Activity.
2022. № 3.
P. 42-63.
DOI: 10.25136/2409-7810.2022.3.38878 EDN: PODLWD URL: https://en.nbpublish.com/library_read_article.php?id=38878
Abstract:
The object of the study is constitutional legal relations for the protection of Russian citizens of their state in connection with conscription for military service in the Armed Forces of the Russian Federation, the subject of the study is normative legal acts regulating military duty. The author explains the legal meaning of the constitutional duty to protect the Fatherland, proposes an addition to the Russian concept of national security with a provision on preventive self-defense, amendments to the Federal Law "On Defense", the Federal Law "On Military Duty and Military Service", the Federal Law "On Mobilization Training and Mobilization" and other regulatory legal acts. The article analyzes the international legal and constitutional regulation of the current problems of defense and security of the Russian Federation in the light of current historical events and the formation of four new regions of Russia: the Donetsk People's Republic, the Luhansk People's Republic, the Zaporozhye region and the Kherson region. The main legal problems of conscription of Russian citizens for military service on mobilization are considered, their solutions are proposed. The author pays special attention to the postponement of military service for mobilization, the legal responsibility of citizens and organizations in connection with the partial mobilization of the population. The article substantiates the exemption of scientists from military duty, determines the status of the mobilized, and gives a legal description of mobilization contracts. Conclusions and suggestions are presented in the text of the current study, which contains fundamentally new information on the subject of scientific work.
Keywords:
administrative responsibility of mobilized, criminal liability of mobilized, delay from mobilization, mobilization contract, call for mobilization, new Russian regions, mobilization, military service, preventive self-defense, Defense of The Fatherland
Reference:
Bargaev D.K..
The current state of criminal law confiscation of property
// Police and Investigative Activity.
2022. № 2.
P. 50-65.
DOI: 10.25136/2409-7810.2022.2.37393 EDN: IRNWTN URL: https://en.nbpublish.com/library_read_article.php?id=37393
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Abstract:
The object of the study is the legal relations in the process of confiscation of property in criminal law. The subject of the study is the development of confiscation in the criminal legislation of the pre-revolutionary, Soviet and modern periods, as well as the provisions of international law, the current criminal law of a number of foreign countries, judicial acts containing the legal phenomenon under study. The purpose is to present a system of theoretical knowledge about the current state of confiscation in criminal law. The theoretical basis of the study was the work of domestic experts on the confiscation of property. In addition, dissertation and monographic studies on criminal law and other branch legal sciences were used. The empirical basis of the study was made up of materials on the number of those brought to criminal responsibility, on re-committed crimes that form a relapse, on those released from criminal liability, as well as statistical information on judicial and law enforcement activities related to the application of property confiscation in criminal legislation. The scientific novelty consists in the fact that the study will allow to establish the role, place, value of property confiscation in the declared branch of law, to determine its current state, to trace the patterns of development in criminal law, which in turn will make it possible to formulate reasonable recommendations for improving the criminal law by all interested parties.
Keywords:
literature analysis, changes, legislation, current state, counteraction, warning, criminal legal impact, other measure, punishment, confiscation of property