scholarly journals ELECTRONIC EVIDENCE IN THE INVESTIGATION OF CRIMES: THE EXPERIENCE OF THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2020 ◽  
Vol 35 (3) ◽  
pp. 162-165
Author(s):  
E.V. Christinina ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Criminal Case ◽  
Scientific Article ◽  
Electronic Evidence ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
Investigation Process

The scientific article is devoted to important issues related to the peculiarities of legal regulation of electronic media used as evidence in the investigation of a criminal case. The object of research of the scientific article is the law enforcement activity of the preliminary investigation bodies on the use of electronic evidence in the investigation of crimes. The article pays special attention to the purpose and production of individual investigative actions, during which electronic evidence is collected and evaluated. The subject of research in the scientific article is a set of norms established by the criminal procedure code of the Russian Federation and the opinions of procedural scientists regarding the use of electronic evidence in the investigation of crimes. The article analyzes the experience of foreign countries in the use of electronic evidence in the investigation process. The conclusion about the necessity and importance of using electronic evidence in a criminal case is summarized.

scholarly journals Development of the Russian agricultural law in the context of constitutional reform

2021 ◽  
Vol 118 ◽  
pp. 03018
Author(s):  
Valentina Vladimirovna Ustyukova ◽  
Daria Vladimirovna Tropina ◽  
Tatyana Sergeevna Lebedeva ◽  
Anastasia Maruanovna Surikova
Keyword(s):  
Russian Federation ◽  
Agricultural Sector ◽  
Legal Regulation ◽  
Legal Development ◽  
Constitutional Level ◽  
Self Sufficiency ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
The Relationship

The purpose of the research is to show the self-sufficiency of agricultural law as a branch of law and the need to refer agricultural legislation to the subjects of joint jurisdiction of the Russian Federation and its constituent territories at the constitutional level. During the research, emphasis was placed on legal comparative studies; applied were historical-legal, comparative-legal, formal-legal and other general and special methods of the scientific knowledge. The paper resulted in conclusions from the analysis of the historical and legal development of the policy management of agricultural relations in Russia; the identified features of the constitutional regulation of agricultural relations in foreign countries, as well as the designation of the subject of legal regulation of agricultural law and the specifics of the creation of a regulatory framework in the agricultural sector in the Russian Federation. The novelty of the work lies in the conclusion about the relationship between the separation of agricultural legislation at the constitutional level into a separate industry and the effectiveness of the state’s agricultural policy at the federal and regional levels.

scholarly journals The Interaction of the Investigator, the Head of the Investigative Body and the Prosecutor in the Initiation and Implementation of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 41-48
Author(s):  
Valentina Lazareva
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Legal Concept ◽  
Procedure Code ◽  
The Russian Federation

Introduction: criminal prosecution is a specific legal concept that means a certain type of law enforcement activity. Having introduced this concept into legal use, the Criminal Procedure Code of the Russian Federation pointed to the purpose of this activity – the exposure of a suspect accused of committing a crime (Paragraph 56 of Article 5), its compliance with the scheduling criminal proceedings (Part 2 of Article 6), types (Chapter 3) and subjects (Chapter 6). The content of this activity, the methods of its implementation indicate that the criminal prosecution coincides with the procedural activities of the inquirer, investigator and prosecutor, that is, it is carried out through the performance of each of the named persons of their powers. This allows us to put forward and substantiate the thesis that a preliminary investigation is a criminal prosecution carried out in the procedural form of a proceeding or inquiry, that is, an activity aimed at identifying and exposing a person, a suspect, or an accused of committing a crime, whose efficiency depends on a properly organized procedural interaction of the entities carrying out this activity, which together form the prosecutorial power of the state. The purpose of the study: to identify the reasons for the lack of effective cooperation of the criminal prosecution authorities and suggest the ways to eliminate them. The objectives of the study: to characterize the role (function) of the bodies, inquiry, investigation, prosecutor’s office in pre-trial proceedings in a criminal case, to formulate and base the conclusion that pre-trial proceedings in a criminal case are a form of criminal prosecution as a common type of criminal procedural activity for the inquirer, investigator and prosecutor. The dialectical, logical, systematic, structural-functional and other general scientific research methods were used in the preparation of the paper; as well as the comparative-legal, formal-legal and other specific scientific methods. Results: the paper shows that the reform of the preliminary investigation bodies, which resulted in the removal of investigators from administrative subordination to the prosecutor, the redistribution of powers between the prosecutor and the head of the investigative body in favor of the latter, did not lead to the expected increase in the procedural independence and independence of the investigator, but had a negative impact on the level of legality of pre-trial proceedings. The amendments made to the Criminal Procedure Code of the Russian Federation in 2007 and later proved to be insufficiently thought out; they are not logical and do not conform well with other norms of criminal procedure law. The shortcomings of the legal regulation of the procedure for exercising the powers of the head of the investigative body and the prosecutor, their interaction with the investigator and among themselves, were only partially corrected by Law No. 404-F of December 28, 2010. Conclusions: the need to improve the efficiency of interaction of the investigator with the head of the investigative body and the prosecutor requires a serious revision of a number of norms of the Criminal Procedure Code of the Russian Federation.

scholarly journals ADMINISTRATIVE-LAW MODELS ОF GUN USE IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES

2017 ◽  
pp. 0-0
Author(s):  
Сергей Зырянов ◽  
Sergey Zyryanov
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Administrative Law ◽  
Self Defense ◽  
Foreign Countries ◽  
Legal Model ◽  
The Subject ◽  
Standard Models ◽  
The Russian Federation ◽  
The Relationship

It is considered that in foreign countries the trafficking of weapons is regulated by the state in a minimal volume and it leads to numerous victims in the result of the uncontrolled use of weapons. In fact, the legislation of all countries establishes the requirements for weapons that can be used as a civilian weapon of self-defense, to citizens who can obtain permission to use self-defense weapons, to the procedure for obtaining permits for storage or storage and carrying of weapons, as well as the storage and carrying of weapons of self-defense. These provisions, according to the author, considered together, define a specific administrative-legal model of arms trafficking. The article presents the classification and identifies three standard models of weapons trafficking, depending on the recognition or non-recognition of government right of citizens to armed self-defense. In addition, the author points to a number of objective circumstances, ignored by the legislator in many countries in the choice of a particular model of the turnover of civilian weapons, and comes to the conclusion that the choice of the administrative-legal model of the circulation of civilian weapons rests with the erroneous order to affect the illegal trafficking of arms on the relationship beyond the subject of administrative-legal regulation of the turnover of civilian weapons.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

ORGANIZATIONAL AND LEGAL ASPECTS OF VOCATIONAL EDUCATION AND VOCATIONAL TRAINING IN INSTITUTIONS OF THE PENAL SYSTEM

2021 ◽  
pp. 20-24
Author(s):  
Екатерина Викторовна Глебова
Keyword(s):  
Vocational Education ◽  
Russian Federation ◽  
Legal Status ◽  
Positive Impact ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Educational Process ◽  
Vocational Education And Training ◽  
Scientific Article ◽  
The Russian Federation

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.

scholarly journals Problems of legal regulation of the seizure of electronic information carriers and copying information from them in the course of investigative actions

2020 ◽  
pp. 169-174
Author(s):  
Alexander Shigurov ◽  
Nikolay Podol’nyy
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Electronic Information ◽  
Storage Media ◽  
Mandatory Participation ◽  
Electronic Storage ◽  
The Russian Federation

The authors raise a number of urgent problems arising from the seizure of electronic information carriers and copying information from them in the course of investigative actions. The article proposes to expand the circle of bodies to which telecom operators are obliged to provide the electronic information stored by them with their subscribers by including all preliminary investigation bodies in them; introduce an independent investigative action into the Code of criminal procedure of the Russian Federation, during which the investigator will, by decision of the court, recover data stored by communication operators. The authors substantiate the need for dissemination provided for in art. 164, 1641 of the Code of criminal procedure of the Russian Federation guarantees of the rights of owners of electronic storage media for all categories of crimes. The article criticizes the provisions of part 2 of art. 1641 of the Code of criminal procedure on the mandatory participation of a specialist in the seizure of electronic storage media.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Legal status of diplomatic workers: rights, state guarantees, encouragement

2013 ◽  
pp. 121-126
Author(s):  
T. A. Zanko
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Former Soviet Union ◽  
Comparative Research ◽  
Legal Status ◽  
Legal Regulation ◽  
Foreign Countries ◽  
The Russian Federation

This article provides an analysis of the legal status of diplomats in the Russian Federation with regard to their rights, safeguards and rewards. These elements are presented through the prism of comparative research of more than a dozen countries and consider the experience of diplomatic service legal regulation in the former Soviet Union countries as well as in other foreign countries.

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