scholarly journals The role of public prosecutors in jury trials: the experience of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 132-135
Author(s):  
A. A. Antonen
Keyword(s):  
Russian Federation ◽  
Criminal Cases ◽  
Public Prosecution ◽  
Republic Of China ◽  
The Past ◽  
Jury Trials ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Statistical Indicators

The article discusses the development of jury trials in Russia and China, the results of the work of the state prosecution in Russian jury trials on the basis of data from form No. 1 of the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation over the past decade. The author provides statistical indicators confi rming the growing popularity of jury trials in Russia. The results of the return of criminal cases by the courts to the prosecutor in accordance with Art. 237 of the Code of Criminal Procedure of the Russian Federation, as indicators of the effectiveness of the prosecutor’s work in courtare discussed.The article touches upon the problem of a stable increase in the number of acquitted persons in jury trials over the past 10 years. The ways of solving the current situation within the framework of the development of the system of jurors and the institution of public prosecution in the Russian Federation are proposed, which may be an experience for China.

Current state and main directions of preservation and strengthening of health of the working population of Russia

2020 ◽  
pp. 527-532 ◽  
Author(s):  
I. V. Bukhtiyarov
Keyword(s):  
Working Conditions ◽  
Russian Federation ◽  
Production Environment ◽  
Working Population ◽  
Industrial Enterprises ◽  
The Past ◽  
Production Factors ◽  
Current State ◽  
The Russian Federation

The article presents the results of the analysis of health, working conditions and prevalence of adverse production factors, the structure of the detected occupational pathology in the working population of the Russian Federation. The article presents Statistical data on the dynamics of the share of workplaces of industrial enterprises that do not meet hygienic standards, occupational morbidity in 2015-2018 for the main groups of adverse factors of the production environment and the labor process. The indicators of occupational morbidity over the past 6 years in the context of the main types of economic activity, individual subjects of the Russian Federation, classes of working conditions, levels of specialized occupational health care. The role of the research Institute of occupational pathology and occupational pathology centers in solving organizational, methodological and practical tasks for the detection, treatment, rehabilitation and prevention of occupational diseases is shown. The basic directions of activity in the field of preservation and strengthening of health of workers, and also safety at a workplace are defined.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

Reform in the Rail and Electricity sectors in Russia: Restructuring, Competition and the Ministry for Antimonopoly Policy

2003 ◽  
Vol 53 (4) ◽  
pp. 339-362 ◽  
Author(s):  
R. Pittman
Keyword(s):  
Russian Federation ◽  
Structural Changes ◽  
International Experience ◽  
State Ownership ◽  
The Past ◽  
The Russian Federation ◽  
The Government ◽  
And Control ◽  
Two Sectors

The Russian Federation is in the process of making major structural changes to its railway and electricity sectors. Both sectors will be at least partly vertically disintegrated, with the aim of creating competition in the “upstream” sector while maintaining state ownership and control of the monopoly “grid”. This paper examines the details of reform and restructuring in the context of the international experience with reform and restructuring in these two sectors, and considers the role of the Ministry for Antimonopoly Policy in reform, both in the past as an “advocate for competition” within the government, and in the future as the guarantor of non-discriminatory access to the grids by non-integrated upstream producers.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

Problems of ECHR Decisions Implementation into Domestic Law

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Татьяна Шуберт ◽  
Tatyana Shubert
Keyword(s):  
Russian Federation ◽  
Systematic Approach ◽  
Legal Regulation ◽  
European Court ◽  
Legal Nature ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government ◽  
Domestic Law

The article examines the ECHR legal nature and types of its decisions, analyzes the activities of the Government of the Russian Federation and the RF Ministry of Justice on the implementation of the European Court of Human Rights’ judgments. The author notes the role of the Plenum of the Supreme Court of the Russian Federation in ensuring uniform application of the Convention and Protocols thereto, ratified by the Russian Federation, by the courts of general jurisdiction. The author analyzes reasons for slow and incomplete implementation of the ECHR decisions, and comes up with the measures for their implementation. The article discusses peculiarities of the execution of the ECHR judgments in the Russian Federation: mechanistic execution of the decisions, lack of a systematic approach to the legislation analysis, absence of identification of causes for non-compliance of the regulations with the Convention on Rights of Man and Citizen, lack of coordination between bodies executing the ECHR decisions, inadequate budgetary procedures and lack of funds. The author proposes to analyze structural and general deficiencies in the national law and practice with regard to the ECHR decisions; provides recommendations to improve the mechanism for the judicial decisions’ implementation; determines lines of development for legal regulation of relations in the field of ECHR judgments’ implementation in the Russian legislation.

scholarly journals Problems of proving guilt in criminal cases in connection with tax evasion

2019 ◽  
pp. 170-176
Author(s):  
V. V. Dubrovin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Code ◽  
Control Measures ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The establishment of an intentional form of guilt and its specific type is mandatory for the implementation of the provisions of Art. 8 of the Criminal Code. In criminal proceedings in connection with tax evasion, a direct intent should be established in the act of the accused, otherwise the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 28, 2006 No. 64 “On the practice of criminal law on liability for tax offenses”. One of the proofs of direct intent in the act of the accused may be the decision of the tax authority to prosecute for the tax offense, made according to the results of tax control measures (in-house or on-site tax audits). In the event that it establishes an imprudent form of the taxpayer’s guilt in committing a tax offense, in proving the guilt of the accused in the course of criminal proceedings there may be an intractable contradiction.

scholarly journals Binding Nature of the Supreme Court of the Russian Federation Explanations in Criminal Law

Lex Russica ◽  
2021 ◽  
pp. 95-107
Author(s):  
I. A. Klepitskiy
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
General Rule ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Nulla Poena Sine Lege ◽  
The Russian Federation ◽  
The Law

The question of the legal nature and the binding nature of explanations of the Supreme Court of the Russian Federation remains debatable in the literature. When considering criminal cases, the courts do not always follow the decisions of the Plenum of the Supreme Court. It seems that the explanations of the Supreme Court, while not being a source of criminal law, are nevertheless binding on courts and officials applying the norms of criminal law. This is a general rule, to which there are exceptions. First, there are erroneous explanations of the Supreme Court, which are not based on the established judicial practice and are not supported by it. Second, there are outdated explanations of the Supreme Court that do not meet modern legal realities. Third, there are explanations of the Supreme Court, which, in relation to a particular situation, require an expansive or restrictive interpretation. In these three situations, the Supreme Court’s explanations do not bind the law enforcement officer. The binding nature of the Supreme Court’s explanations is determined by the value of the law as such. Questions of law require a uniform resolution. An alternative to a uniform interpretation of the law is arbitrary administration. Arbitrary administration is not within the competence of the judge. There is no case law in Russia. The works of legal scholars in modern Russia also cannot satisfy the need for a uniform interpretation of the law. The significance of the explanations of the Supreme Court determines the high requirements for their quality. The Supreme Court’s explanations should not directly contradict the law. The Supreme Court’s explanations should not change unless there is an urgent need to do so. The rule nullum crimen, nulla poena sine lege, being an achievement of legal culture, binds the Supreme Court. By clarifying the practice of applying the law, the Supreme Court forms and preserves judicial doctrine, thereby providing legal certainty.

scholarly journals On violation of the logic of the legal mechanism of bringing to justice for beatings and additional measures for their prevention

2021 ◽  
Vol 2021 (3) ◽  
pp. 178-185
Author(s):  
Aleksey Drozd ◽  
Aleksandr Ravnyushkin
Keyword(s):  
Domestic Violence ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Federal Law ◽  
Criminal Cases ◽  
Public Prosecution ◽  
Protective Orders ◽  
The Russian Federation ◽  
Legal Mechanism

The relevance of the research is determined by a legal gap in the current legislation, which lies in the fact that when bringing a person who has committed a crime under Article 116.1 of the Criminal Code of the Russian Federation repeatedly in relation to the same person to responsibility, the state of the criminal record of this criminal is not taken into account. In this case, a person who has unexpunged or outstanding convictions, when committing battery for the third time, according to common sense, should be brought to criminal responsibility, and not to administrative responsibility, as is currently the case. In order to eliminate this conflict, the authors propose to include part 2 of Art. 1161 of the Criminal Code of the Russian Federation, which provides for the liability of a person who has an unexpunged or outstanding conviction in relation to the same person. At the same time, the authors consider it necessary to include a group of criminal cases considered as cases of public prosecution to part 2 of Art. 1161 of the Criminal Code of the Russian Federation. The authors also see an urgent problem of the need to improve the effectiveness of the prevention of domestic violence through the inclusion of new legal means in legislation and law enforcement practice. Attempts to implement the norms of international acts providing for legal means of preventing domestic violence in the Russian Federation, as well as the study of foreign experience on this issue, according to the authors, looks ambiguous and is debatable. In particular, the issue of introducing protective orders and orders as administrative and legal means of preventing administrative offenses through the adoption of the federal law «On the Prevention of Domestic Violence in the Russian Federation» is being considered. According to the authors, taking into account the foreign practice, there are sufficient grounds to believe that protective prescriptions and some other means will not be able to confirm their effectiveness in Russia.

scholarly journals The Issues of Determining the Territorial Jurisdiction of Criminal Cases Regarding Extremist Crimes

Legal Concept ◽  
2020 ◽  
pp. 50-56
Author(s):  
Marina Baranova
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
The Internet ◽  
Criminal Cases ◽  
Timely Manner ◽  
Telecommunications Networks ◽  
Judicial Practice ◽  
Territorial Jurisdiction ◽  
The Supreme Court ◽  
The Russian Federation

Introduction: extremism in modern Russia is becoming more sophisticated and veiled, and is widely spread among young people, including through the Internet, and therefore it is of great importance to detect and stop it in a timely manner. The purpose of the work is to examine the existing theoretical structures on the issue of determining the scene of an extremist crime using the information and telecommunications networks and, accordingly, the territorial jurisdiction of criminal cases, as well as to study the practical side of the issue. Methods: the methodological framework for this research is a set of methods of scientific knowledge: dialectical, system, analysis, logical. Results: the author’s well-founded position is based on the current legislation, explanations of the Plenum of the Supreme Court of the Russian Federation, current judicial practice, the position of scientists – processualists on determining the time and place of the crime in the global information network and the dependence of the criminal investigation on these factors. Conclusions: the study determined that extremist crimes committed using the information and telecommunications networks, including the Internet, are characterized by extraterritoriality and may be subject to the jurisdiction of several states. To correctly determine the jurisdiction of such criminal cases, it is necessary not to wait for the development of a single international act, but to follow the current provisions of Parts 3, 4 and 4.1 of Article 152 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Modern Problems and Prospects for the Development of the Insurance Market in the Russian Federation

2021 ◽  
pp. 84-95
Author(s):  
Elena Gushchina ◽  
Valeria Vinogradova
Keyword(s):  
Russian Federation ◽  
Monopolistic Competition ◽  
Insurance Market ◽  
Barriers To Entry ◽  
The Past ◽  
Current State ◽  
The Russian Federation ◽  
The Impact ◽  
Further Development

The role of insurance in a person’s life is undoubtedly great because it serves as the most effective tool in case of loss of property, health problems, business protection, etc. The purpose of the article is to assess the current state of the insurance market in Russia and identify problems that arise during its functioning. The research methodology consists in summarizing and comparing data characterizing various components of the insurance market. The article analyzes the current state of the insurance market in Russia with a falling number of insurers by more than 20 % over the past 3 years, the share of top insurers continues to grow every year, over the past 3 years the growth has amounted to 12 %. Calculations that indicate a change in the level of concentration in the insurance market of the Russian Federation have been made. Based on the results of the analysis, it was concluded that there is monopolistic competition in the market. The main factors influencing the level of competition in the market under consideration, namely, barriers to entry into the industry and their impact, were studied Due to the relevance of the research, the analysis of the impact the pandemic has on the Russian insurance market was carried out and the prospects for the development of the market were considered. Identifying the weaknesses of insurers made it possible to determine the priority areas for further development: intensive digital transformation of business, marketing, advertising.

Sign in / Sign up

Export Citation Format

Share Document