scholarly journals The Essence and Social Functions of the Judiciary in Modern Russia

2021 ◽  
Vol 16 (8) ◽  
pp. 42-51
Author(s):  
D. A. Adashkin
Keyword(s):  
Russian Federation ◽  
Social Power ◽  
Legal Protection ◽  
Social Processes ◽  
Legal Responsibility ◽  
Law And Order ◽  
Criminal Proceedings ◽  
Social Functions ◽  
Legal Doctrine ◽  
The Russian Federation

The paper is devoted to the analysis of the correlation between the concept, essence and social functions of the judiciary of the Russian Federation. The author examines the main features of the dominant approaches in the domestic legal doctrine to the concept of the judicial power as a type of social power, a form of exercising state power and organizationally and procedurally formalized coercion with its inherent legal properties. Based on the analysis of theoretical and legal sources, to develop the concept of the judiciary, the author determines its essence as: a form of administration of social processes by resolving social conflicts; specific activities of state bodies through the constitutional, civil, administrative and criminal proceedings (justice) established by the Constitution of the Russian Federation; methods of using specific means of coercion on behalf of the state. In order to specify the concept and essence of the judiciary in Russia, the author examines its functions of ensuring constitutional law and order, legal protection, restoring violated rights, imposing legal responsibility on the offender, legal education, raising legal awareness and respect for the rights of citizens. The author makes a number of proposals aimed to improve the implementation of these functions in terms of respect for the law and the court, including by improving the activities of the courts themselves, expanding the openness and accessibility of certain judicial information through the National Automated Sistem "Justice" (GAS) of the Russian Federation and social networks.

scholarly journals THE OBSTRUCTION OF THE ADMINISTRATION OF JUSTICE AND PRELIMINARY INVESTIGATION: PROBLEMS OF THE OBJECT AND THE OBJECTIVE SIDE

2018 ◽  
Vol 2 (2) ◽  
pp. 97-105
Author(s):  
Alexandra Vladimirovna Boyarskaya
Keyword(s):  
Russian Federation ◽  
Complex Analysis ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The Body ◽  
Criminal Proceedings ◽  
Criminal Procedure Law ◽  
The Russian Federation

The subject. The article is devoted to the investigation of the main direct object and the circle of victims are subjected of harm by criminal acts stipulated by pts. 1, 2 of art. 294 of the Criminal Code of the Russian Federation.The purpose of the paper is to identify does the art. 294 of Criminal Code of the Russian Federation meets the other provisions of criminal procedure legislation.The methodology of research includes methods of complex analysis, synthesis, as well as formal-logical, comparative legal and formal-legal methods.Results and scope of application. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The discrep-ancy lies in terms of the range of participants in criminal proceedings and the functions performed by them, as well as the actual content and correlation of such stages of criminal proceedings as the initiation of criminal proceedings and preliminary investigation. In addi-tion, the current state of art. 294 of the Criminal Code of the Russian Federation does not take into account the ever-widening differentiation of criminal proceedings.The circle of victims listed in pt. 2 of art. 294 of the Criminal Code of the Russian Federation should be supplemented by such participants in the criminal process as a criminal investi-gator, the head of the investigative body, the head of the inquiry department, the head of the body of inquiry. At the same time, the author supports the position that the criminal-legal protection of the said persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.The circle of criminal acts provided for in art. 294 of the Criminal Code of the Russian Fed-eration, should also be specified with an indication of encroachment in the form of kidnapping, destruction or damage to such a crime as materials of criminal, civil and other cases, as well as material evidence.Conclusions. The content of art. 294 of the Criminal Code of the Russian Federation does not comply with the provisions of the criminal procedure law. The author formulates the conclusion that the circle of victims listed in pt. 2 of art. 294 of the Criminal Code should be broadened and joins the position that the criminal-legal protection of these persons should cover not only their activities at the stage of preliminary investigation, but also of the entire pre-trial proceedings as a whole.

scholarly journals Institute of Legal Responsibility as a Constituent of Land Legal Order

10.12737/1813 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 41-48
Author(s):  
Елена Галиновская ◽  
Elena Galinovskaya
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Order ◽  
Legal Responsibility ◽  
Law And Order ◽  
Rational Use ◽  
Land Relations ◽  
The Russian Federation

Article confirms the view that legal responsibility in land relations is an integral part of law and order. The main goal of such responsibility is to ensure the rational use of land in the Russian Federation. This paper analyzes the main challenges of legal responsibility which relate to both the contradictory provisions of regulations and law enforcement. The author also pays attention to the ways to improve the legislation.

The Subject Matter of Criminal Evidence Relating to the Disclosure of Information on Security Measures Applicable to Law Enforcement or Control Officials

2018 ◽  
Vol 10 (1) ◽  
pp. 261-270 ◽  
Author(s):  
Oleg Zajcew ◽  
Aleksander Yepikhin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Subject Matter ◽  
Legal Protection ◽  
Penal Code ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Disclosure Of Information ◽  
The Subject ◽  
The Russian Federation

The article analyses the characteristics of the subject of evidence (Article 73 of the Penal Code of the Russian Federation) of objective and subjective characteristics of crime, which are listed in Article 320 of the Penal Code of the Russian Federation. Considerable attention has been given to the establishment of criminal sanctions for the disclosure of information on security measures towards law enforcement or control officials as an important guarantee of the stability of the Russian management system and legal protection activities. The characteristics of the subject-matter of the evidence in criminal matters under investigation are expressed in the need to establish objective and subjective grounds for disclosing information on security measures in the course of criminal proceedings against law enforcement or control officials. The state protection measures themselves are defined by separate regulations and are applied in the process of criminal proceedings and in the presence of evidence. However, this complex and multifaceted security process could be seriously undermined by the‘leak’ of classified security information. In case of such illegal disclosure, the penalty is defined in Article 320 of the Penal Code of the Russian Federation. The authors draw attention to the existence of a direct or indirect relationship between the unauthorised activity and performing state service in legal protection bodies, as well as the need to prove the intention to commit this crime and the awareness of not disclosing secret information to unauthorized persons who do not have formal access to the above information. The authors conclude that the implementation of criminal evidence proceedings for the criminal case of the offence under Article 320 of the Penal Code of the Russian Federation needs to be improved at this stage in order to increase the effectiveness and security of the protection of judges, law enforcement and control officials in Russia.

scholarly journals Some contradictions between the doctrine of legal responsibility and current legislation

2020 ◽  
pp. 36-44
Author(s):  
Dmitriy Lipinsky
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Basic Research ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Special Importance ◽  
Legal Doctrine ◽  
The Russian Federation ◽  
Basic Research Project ◽  
Principle Of Legality

The article is devoted to the principles of legal responsibility as a concentrated expression of legal doctrine, their understanding in science and consolidation in the current legislation. The article analyzes the decisions of the Constitutional Court of the Russian Federation, dedicated to the starting principles of legal responsibility, and also shows how the official doctrine formed by the Constitutional Court of the Russian Federation influenced the system of principles of legal responsibility. The contradictions between the doctrinal characteristics of the principles of legal responsibility and the current legislation are revealed, as well as the practice of its application. Considerable attention is paid to the requirements of the principle of legality, and it is also proved that at present, due to its special importance, the principle of legal certainty has formed in the system of principles of legal responsibility. The nature of the contradictions between the current legislation and the practice of its application is analyzed. Recommendations are given to improve the regulation of the principles of legal responsibility. The article was supported by the Russian Foundation for Basic Research, project no. 19-011-00103 A «Legal responsibility in the legal system of Russia: the concept of interaction, interconnections and elimination of contradictions with other elements of the legal system».

scholarly journals On Proposals for Introducing Criminal Responsibility for Arbitrators

Lex Russica ◽  
2020 ◽  
pp. 155-164
Author(s):  
P. A. Ilichev ◽  
M. Yu. Savranskiy
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Criminal Responsibility ◽  
Self Regulation ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Criminal Proceedings ◽  
Professional Activities ◽  
Special Procedure ◽  
The Russian Federation

The paper provides a critical analysis of the draft law on the introduction of certain norms in the Criminal Code of the Russian Federation concerning the criminal responsibility of arbitrators. The authors present a number of arguments regarding the fact that the prerequisites for the introduction of such responsibility in Russia are currently absent, since the issue is not sufficiently theoretically developed. Issues related to determining the legal responsibility of an arbitrator in various legal systems are considered. The authors substantiate the thesis that in the existing conditions other legal instruments for stimulating the proper activity of arbitrators are more effective, a number of which are successfully applied. In addition, the implementation of the initiative in modern conditions may involve costs that exceed the expected result.It is proved that in the case of imposition of responsibility for arbitrators a set of safeguards activities of arbitrators should be simultaneously legislated. Here, the authors propose to establish guarantees of non-interference in professional activities of an arbitrator as well as legal responsibility for obstructing the activities of an arbitrator’s resolution of a particular dispute. The authors suggest that abitritrators be referred to those individuals who are subject to special procedure of criminal proceedings. It is necessary to provide at the legislative level elements of self-regulation associated with the formation of the arbitration bodies who possess significant powers, including regarding the involvement of arbitrators to criminal responsibility.Based on the results of the research, it is concluded that the relevant issues need to be thoroughly and comprehensively worked out and professionally discussed, which may precede possible changes in legislation.

scholarly journals Abuse of Rights, Its Prevention and Suppression in Russian Criminal Process: Some Research Results

2018 ◽  
Vol 12 (6) ◽  
pp. 914-924
Author(s):  
Olga Andreeva ◽  
Viktor Grigoryev ◽  
Oleg Zaytsev ◽  
Tatiana Trubnikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Large Scale ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Russian Federation

The problem of abuse of rights in the criminal process is currently widely discussed by both researchers and practicing specialists. However, until today there has been no large-scale representative research of law enforcement practice or surveys of law enforcement employees focusing on this issue. The article analyzes some results of researching the practice of law enforcement. The study was conducted by the authors in 2016–2017 within the framework of the project «Abuse of Rights in the Criminal Process: Systemic and Non-Systemic Manifestations, their Prevention and Suppression». The authors studied archives of criminal cases, appeal and cassational proceedings, complaints filed under Art. 125 of the Criminal Procedure Code of the Russian Federation, complaints from the archive of the Constitutional Court of the Russian Federation, and published court judgments. The paper presents situations that were classified by law enforcers or could (according to expert evaluations) be classified as the abuse of rights by the criminal proceedings’ participants, the authors systematize the identified forms of the abuse of rights, evaluate the scale and character of these forms (systemic or non-systemic), determine causes and conditions that contributed to the emergence of some cases of the abuse of rights, describe measures of improving the criminal procedure legislation aimed at eliminating the causes of systemic abuse of rights, describe effective ways of preventing and suppressing some types of actual abusive behavior, argue that in some cases the abuse of legal rights is caused by the behavior of officials, and also that the state and law enforcers involved in a criminal case should show certain tolerance to the possible abuse of rights if it is not systemic in order to provide a maximally full legal protection of proceedings’ participants.

Objectification of the Amount of Compensation for Non-Pecuniary Damage in Claims Against Medical Organizations

2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Medical Assistance ◽  
Criminal Proceedings ◽  
Enforcement Officer ◽  
Number Of Patients ◽  
The Russian Federation ◽  
Law Enforcement Officer

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.

INTERNATIONAL PROTECTION OF THE SPHERE OF BLOCKCHAIN FUNCTIONING AGAINST CRIMINAL OFFENCES: LANDSCAPE, DYNAMICS AND PERSPECTIVES

2020 ◽  
Vol 13 (7) ◽  
pp. 133-138
Author(s):  
SONA MKRTCHIAN ◽  
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Information Technologies ◽  
Legal Protection ◽  
Criminal Code ◽  
International Protection ◽  
Criminal Offense ◽  
Telecommunications Network ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the research is to identify the most successful ideas and legal techniques used in international law regarding regulations of defense against criminal offences in the sphere of cybersecurity, as well as blockchain functioning and cryptocurrency turnover. Results. On the basis of the positive international experience in regulating the criminal legal protection of relations in the last-mentioned sphere, the following directions for improving Russian criminal legislation were formulated: 1) fixation of the fair limits of the criminal administrative liability for defendant in reliance on the level of public danger of his personality and his offences; 2) creation of the formally defined crimes against computer information; 3) criminalization of some actions that precede cybercrimes; 4) expansion in the number of the mentioning of the sign "by interfering in the functioning of the resources of the storing, processing or transmitting computer information or data telecommunications network" as an essential or aggravating elements of crimes, typically committed with the use of information technologies (for example, in the articles number 133, 134, 135, 137, 138, 139, 146, 147, 163, 165, 240, 240.1, 241 of the Criminal Code of the Russian Federation, etc.); 5) expansion in the number of the elements of crimes combined in the chapter 28 of the Criminal Code of the Russian Federation, in reliance on the modern criminal schemes and typical criminal situations in the world of information technology; 6) expansion of the effect of the article number 274.1 of the Criminal Code of the Russian Federation on any criminal offense to the critical information infrastructure of the Russian Federation and inclusion of the additional aggravating elements in the text of this article.

LEGAL EDUCATION FOR PENAL OFFICIALS AS ONE OF THE MEANS TO FIGHT CORRUPTION

2021 ◽  
pp. 58-61
Author(s):  
Надежда Владимировна Романова
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Public Service ◽  
Effective Means ◽  
Legal Education ◽  
The State ◽  
Law And Order ◽  
Educational Activities ◽  
The Russian Federation ◽  
Positive Results

В статье автором изучен такой общественно опасный феномен как коррупция, в частности, коррупционные правонарушения сотрудников УИС, вызывающие наибольший резонанс и создающие реальную угрозу не только пенитенциарной, но и национальной безопасности государства, поскольку именно сотрудники УИС должны являться гарантом обеспечения законности, правопорядка и справедливого исполнения наказаний. Показывается, что в борьбе с данным негативным явлением одним из эффективных средств является правовое просвещение и воспитание, поскольку причиной многих коррупционных правонарушений, совершаемых в УИС, является правовая безграмотность сотрудников. На основе проведенного анкетирования были изучены содержание, формы и методы работы сотрудниками УИС по правовому просвещению в рамках профилактической деятельности в борьбе с коррупцией в УИС. Автор приходит к выводу, что достижение реальных результатов в деле формирования атмосферы нетерпимости к коррупционным проявлениям, подрывающим авторитет государственной службы в Российской Федерации, возможно только путем консолидации всех усилий, а проводимый комплекс информационно-пропагандистских и просветительских мероприятий дает положительные результаты. In the article the author studied such socially dangerous phenomenon as corruption, in particular - corruption offenses of CES employees, causing the greatest resonance and creating a real threat not only to penitentiary, but also to national security of the state, since it is the CES employees should be the guarantor of legality, law and order and fair execution of punishment. It is shown that one of the effective means to combat this negative phenomenon is legal enlightenment and education, since the cause of many corruption offenses committed in the CES is the legal illiteracy of employees. The content, forms and methods of work on legal education as part of preventive anti-corruption work with employees of prisons have been studied on the basis of the questionnaire. The author concludes that the achievement of real results in the formation of an atmosphere of intolerance to corrupt practices that undermine the authority of public service in the Russian Federation is possible only through the consolidation of all efforts, and the ongoing set of outreach and educational activities gives positive results.

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