scholarly journals The principle of objective truth in law

2018 ◽  
Vol 55 ◽  
pp. 02011
Author(s):  
Natalia Embulaeva ◽  
Lyubov Ilnickaya
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Philosophical Foundations ◽  
Objective Truth ◽  
The Russian Federation ◽  
Russian Law

The relevance of the study of the problems of truth in law is conditioned by the essential nature of man and his purposeful activity, including the sphere of legal regulation of social relations. At the present stage, the issue of securing the principle of truth in the norms of Russian law is not unambiguously resolved. In this regard, it seems relevant to investigate the issues of the legalization of truth and the mechanisms for its achievement in the conditions of application of measures of legal responsibility. The paper is devoted to the study of philosophical foundations of truth in law, the analysis of practical significance of obtaining truth in the procedural branches of law on the basis of analysis of the norms of the procedural legislation of the Russian Federation. Formal-legal and comparative-legal methods are used for a comprehensive analysis of procedural legislation and the implementation of the principle of objective truth in the legislation. With the use of the dialectical method, epistemological grounds and their significance for the implementation of law enforcement activities are revealed. The article reflects the views of researchers on the content of truth and the realization of the principle of objective truth in law. The conclusion is made that it is necessary to interpret the principle of objective truth as universal one, which must permeate not only the sphere of law enforcement, but also the formation of laws. A proposal is formulated on the need to separate and normatively fix the principle of objective truth in the procedural branches of law as an independent principle. Law enforcement agencies should strive achieving objective truth in the cases in question.

THE SUBJECTIVE ASPECT OF TRANSPORT OFFENSES IN THE RUSSIAN LEGISLATION OF THE XVI–XIX CENTURIES

2021 ◽  
pp. 48-54
Author(s):  
A. N. Skvoznikov ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Personal Responsibility ◽  
Integral Characteristic ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Actual Process ◽  
Legal Analysis ◽  
Russian Law ◽  
Subjective Aspect

The constant need of researchers for the advanced study of the problems of guilt and responsibility is caused both by the tasks of improving legislation and law enforcement practice and the variability of people’s ideas about the grounds, limits, forms, and purposes of personal responsibility, and ideas reflecting the actual process of the historical development of social relations and the practice of their legal regulation. Using the methods of historical-legal and comparative-legal analysis, the author studied the activity of the legislator on distinguishing the intent and negligence as two forms of guilt when committing transport offenses, as well as differentiating between guilty infliction of harm and an incident. The author concluded that in the sources of Russian law of the 16th–19th centuries, the legislator strongly focuses on the internal (subjective) attitude of a person to a committed offense and its consequences, including transport offenses. The discovery and consideration of such signs of the subjective aspect of an act as guilt, motive, and purpose significantly influenced the act classification and the punishment appointment or led to release from liability due to the absence of the subjective aspect of an offense (guilt) as one of the elements of a crime. The study shows how the legislator considered the influence of a person’s subjective attitude to the committed act when establishing legal responsibility. The research indicates that a comprehensive understanding of guilt as an integral characteristic of a wrongful act, covering the relations between consciousness and will of a person both with the objective properties of own actions and its public assessment, began to develop in Russian law in the 17th century.

Systematization and improvement legal regulation of the use of artificial intelligence in law enforcement

2020 ◽  
Vol 7 (1) ◽  
pp. 106-112
Author(s):  
Vadim K. Barchukov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Russian Federation ◽  
Information Technologies ◽  
Ethical Issues ◽  
Legal Regulation ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Effective Work ◽  
The Russian Federation

The article systematizes legal acts at the international, Federal and departmental levels on the use of artificial intelligence in law enforcement. In particular, at the international level, the corresponding legal act, according to the author, should contain three components of legal regulation: 1) regulate the organization and construction of an artificial intelligence system between States; 2) determine the principles of functioning of artificial intelligence; 3) regulate the ethical issues of using artificial intelligence. The legal basis for the use of artificial intelligence systems in law enforcement at the Federal level, in addition to the Constitution of the Russian Federation, should be the Strategy for the development of the information society in the Russian Federation (Strategy) for 2017-2030, as well as some special Federal laws (for example, the Law of Moscow), which are designed to specify the mechanism for using the advantages of artificial intelligence in all spheres of public life, including law enforcement. The author notes that the mentioned strategy defines only the General provisions of the state policy on the development of information technologies and artificial intelligence technologies. At the same time, the implementation of national interests outlined in the Strategy is impossible without the effective work of law enforcement agencies, whose functioning, in turn, is impossible without a well-built system of interaction between information support and artificial intelligence. The final part of the paper presents some proposals for improving the legal regulation of the use of artificial intelligence in law enforcement, in particular, justifies the need to adopt a national Doctrine for the use of a Unified system of information support and artificial intelligence in the activities of law enforcement agencies.

scholarly journals Digital Transformation of Enforcement Proceedings: Russian Experience

2019 ◽  
Vol 71 ◽  
pp. 02009
Author(s):  
G.E. Ageeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Public Life ◽  
Legal Regulation ◽  
Social Processes ◽  
Digital Transformation ◽  
Negative Experience ◽  
Digital Space ◽  
The Russian Federation ◽  
Russian Law

In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.

On the criteria for defining the concept and the state of legal regulation for the civil service of other types in the Russian Federation

2021 ◽  
Vol 23 (3) ◽  
pp. 6-12
Author(s):  
ALEXANDER GURINOVICH ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Service ◽  
Special Functions ◽  
Legal Regulation ◽  
Fire Service ◽  
Federal State ◽  
Law Enforcement Agencies ◽  
Current State ◽  
The Russian Federation

This article analyzes the relevant legislation, identifies the basic criteria for defining the concept of the civil service of other types in the Russian Federation, and describes the current state of its legal regulation. The service of other types is carried out in the federal-state bodies and organizations subordinate to them; such organizations perform special functions to ensure security, law and order, combat crime and protect citizens’ rights and freedoms. The author identifies the reasons for the abolition of such a concept as “law enforcement service” in the civil service systems and considers the process of its transformation into a new segment within this system. Based on the conducted comparative analysis of legislative and subordinate legal acts containing relevant regulatory provisions, the analysis shows that today the civil service of other types is carried out in state bodies defined as law enforcement agencies. To reflect the current state of legal regulation for the civil service of other types, the author notes an increase in the corresponding legislative framework in recent years. The issues of legal regulation of work in the field of civil service of other types are worked out in special laws regarding employees of customs authorities, internal affairs bodies, the federal fire service, the criminal justice system, and enforcement bodies. In addition, the article outlines the key priorities for further improvement of legal regulation.

scholarly journals Current problems of the institute of extradition in modern criminal proceedings Russian Federation

2020 ◽  
pp. 126-135
Author(s):  
S. V. Matveev ◽  
S. M. Kolotova
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Russian Federation ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Process ◽  
Legislative Framework ◽  
The Russian Federation

The Institute of extradition is one of the most important areas of international cooperation in the fight against crime, since this tool ensures the achievement of the fundamental principles of the criminal process, which include: the restoration of the rights of the victim violated by the crime, the application of fair punishment to the criminal, despite the differences in the legal regulation of this issue in the jurisdiction of different States. However, should the legal regulation currently, this institution does not have, and therefore the activities of law enforcement agencies in this part cause certain difficulties.The article analyzes some features of the legal regulation of the institution of extradition in the criminal process of the Russian Federation, identifies current problems of theory and practice of application. In addition, the author suggests ways to solve the problems of legal regulation of this institution. Attention is focused on the need to make changes not only to the legislative framework, but also to modernize the extradition mechanism itself. In addition, the current issues that arise in the course of the extradition procedure, both at the request of the Russian Federation and foreign States, are considered. 

scholarly journals On the existence of tax liability

2021 ◽  
pp. 95-111
Author(s):  
Yuliya Aleksandrovna Davtyan
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Liability ◽  
Legal Doctrine ◽  
The Subject ◽  
The Russian Federation ◽  
Russian Law ◽  
Scientific Reflection ◽  
Theory Of Law ◽  
Made In

The subject of this research the normative legal acts that regulate social relations emerging as a result of violation of financial legislation of the Russian Federation and determine unlawfulness of the act and penalties for its commission, grounds and mechanism of legal liability, as well as the established law enforcement practice and the existing legal doctrine. This theoretical-legal research is dedicated to examination of the essence and content of the category of tax liability. The study of tax liability as an apparent phenomenon of the Russian socio-legal reality is conducted via dissection of the indicated conceptual category with consideration of the existing contradictory doctrinal views on this phenomenon, as well as the accumulated socio-legal experience. The relevance of this research is substantiate by the range of opinions underlying the doctrinal foundation of legal liability as a scientific category of financial law and general theory of law. The scientific novelty consists in the fact that the conclusion made in the course research on the autonomy of tax liability within the system of legal liability of in the Russian law allowed correlating the constitutive characteristics of legal liability with the characteristics of its particular case – tax liability. The conducted analysis and scientific reflection on the reviewed concepts became a derivative of the conclusion on the autonomy of tax liability within the system of legal liability in the Russian law.

scholarly journals The Experience of the International Cooperation in Organized Crime Combating

2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Organized Crime ◽  
Practical Importance ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Transnational Organized Crime ◽  
Legal Method ◽  
Russian Law ◽  
Drugs And Crime

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.

scholarly journals Preventive law: concept, structure and content

2020 ◽  
pp. 39-50
Author(s):  
Irina Vladimirovna Polikarpova ◽  
Olesya Viktorovna Zaitseva
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Educational Impact ◽  
Law Enforcement Agencies ◽  
Scientific Publications ◽  
Preventive Activity ◽  
The Subject ◽  
The Russian Federation ◽  
Preventive Law

The subject of this research is the federal and regional legislation that regulate preventive activity of law enforcement agencies, monographic studies of the leading Russian criminologists, as well as scientific publications discussing the concept, structure and content of preventive law. The object of this research is social relations formed in the process of implementation of norms that regulate the activity on crime prevention. The goal consists in examination of the content of preventive law for the explicating the detailed structure of this branch of legislation. This article is first within the national criminology to propose an original perspective on the preventive law as an independent branch of legislation. Based on the analysis of normative sources regulating the activity in the area of prevention of offences, the author determines the criteria for their classification:  1) by legal force, 2) by territorial scope of actions, 3) by subject of legal regulation, 4) depending on the role in legal regulation. The conclusion is substantiated on the need to systematize preventive law in form of a codified normative act – the Code on Prevention of Offenses in the Russian Federation, which should be aimed only at preventive regulation. The structure of this code is offered. In the authors’ opinion, the system of preventive law is a unified legal complex consisting of legislation of the Russian Federation, its constituent entities, as well as normative bylaws that regulate preventive legal relations that emerge prior to commission of offense, and for determination and elimination of the factors that conduce commission of offenses, as well as have educational impact upon persons in order to prevent commission of offenses or antisocial behavior.

scholarly journals Legal means of antimonopoly regulation of entrepreneurial activity. Responsibility for violation of antitrust laws.

2020 ◽  
Vol 8 (3) ◽  
pp. 41-45
Author(s):  
Vladislav Belyay
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Research ◽  
Law Enforcement Agencies ◽  
Dominant Position ◽  
Antitrust Laws ◽  
The Russian Federation ◽  
Administrative Responsibility

The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests: 1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.

scholarly journals The principle of objective truth, substantiation and its subjects in cases of administrative traffic offences

2020 ◽  
pp. 79-93
Author(s):  
Vadim Igorevich Surgutskov ◽  
Kamila Kairatovna Bekmurzinova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Road Traffic ◽  
Supreme Courts ◽  
Video Footage ◽  
Objective Truth ◽  
European Court ◽  
The Russian Federation ◽  
Evaluation Of Evidence

The object of this research is the social relations established due to commission of administrative offences in the area of road traffic. The subject of this research is the federal legislation, departmental regulatory acts that establish competence of the internal affairs bodies in the process of substantiation of administrative traffic offences, as well as acts of interpretation of the Supreme Courts of the Russian Federation and the European Court of Human Rights. The main goal of this research consists in elaboration of the normative legal acts, law enforcement practice, and recommendations aimed at the improvement of substantiation in cases of administrative traffic offences. The article explores the problematic questions of law enforcement practice established due to substantiation in cases of administrative offences in the area of road traffic. Analysis of the current state of legislation of the Russian Federation that regulates such process in carried out. The scientific novelty of this work lies in revelation of problem points of acquisition, records and evaluation of evidence in cases of administrative traffic offences. The author determines the content of substantiation, its subject and limits in administrative procedures on road traffic offences. The essence of the principle of objective truth in case of administrative offence is revealed. Objective truth manifests as the purpose of substantiation. Claimant, a private party, is outlined as independent subject of substantiation, who reported on the committed administrative traffic offence, providing a photo or video footage of the violation committed.

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