scholarly journals THE IMPACT OF LEGISLATION THE ANGLO-SAXON LEGAL SYSTEM ON THE REFORM OF THE RUSSIAN CRIMINAL PROCEDURE LAW

2017 ◽  
Vol 21 (5) ◽  
pp. 178-184
Author(s):  
T. K. Ryabinina

The article discusses issues concerning the impact of legislation some countries Anglo-Saxon legal family on contemporary reform of Russian criminal procedure. The author raises the problem of community many of the legal provisions and institutions of Russian and Anglo-Saxon law. The work focuses on the fact that due to frequent legal stories, contradictory law-enforcement practice, the active work of the constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation which, by their individual decisions initiate new legislative changes, the reference to comparative legal study of foreign models of the criminal process is inevitable. The study used General scientific and special legal methods of studies: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem, which has not only theoretical but also practical importance, consists in the fact that, despite the seemingly opposite type of the Russian legal system related to civil law jurisdictions, and countries of the Anglo-American conglomerate, however, in fact, at the present time, there is the mutual influence and complementarity. In support of this thesis, the author made analysis of such a legal institution as a simplified procedure (in countries with Anglo-Saxon legal family called plea of guilt), which is in the form of a special order of judicial proceedings was introduced in the Russian criminal process. The Russian version of this procedure differs from Anglo-American, however, at its core, it is based on the legislative regulations of great Britain and the United States. The work is concluded that the main influence in Anglo-Saxon law is in the Russian criminal process is manifested in the extension of adversarial origins.

2021 ◽  
Vol 1 (10) ◽  
pp. 149-166
Author(s):  
Dmitry V. Gordienko ◽  

The paper examines the interests of Russia, the United States and China in the regions of the world and identifies the priorities of Russia's activities in Europe, Central Asia and the Caucasus, the Asia-Pacific region, the Arctic, Africa, the Middle East and Latin America, their comparative assessment with the interests of the United States and China. An approach to assessing the impact of possible consequences of the activities of the United States and China on the realization of Russia's interests is proposed. This makes it possible to identify the priorities of the policy of the Russian Federation in various regions of the world. The results of the analysis can be used to substantiate recommendations to the military-political leadership of our country. It is concluded that the discrepancy between the interests of the United States and China is important for the implementation of the current economic and military policy of the Russian Federation.


2021 ◽  
Vol 1 (8) ◽  
pp. 147-163
Author(s):  
D. V. GORDIENKO ◽  

The purpose of the study is to assess the impact of economic cooperation between the Russian Federation and the People's Republic of China on the economic relations of the countries of the strategic triangle Russia – China – the United States. An approach to the analysis of trade and investment cooperation between the Russian Federation and the People's Republic of China, which determines the interdependence of the national economies of these countries, is proposed. This allows us to give a forecast of the development of economic relations between the countries of the strategic triangle. The results of the analysis can be used to justify recommendations to the leadership of our country. The conclusion is made: the Russian Federation and the People's Republic of China are important economic partners for each other.


Author(s):  
V. Bashynskyi ◽  
H. Pievtsov ◽  
P. Openko ◽  
A. Kozyr

The beginning of the XXI century was characterized by the emergence of a new type of war – information one, when victory is achieved not by destroying the armed forces and the economy of the enemy, but through the impact on his moral and psychological condition. In modern conflicts, methods based on the integrated application of political, economic, informational and other non-military measures based on military force are increasingly used. The combination of these methods is implemented in the concept of hybrid warfare, the leading idea of which consists in achieving political goals with minimal military influence on the enemy through the use of modern information technology based on "soft power" and "hard power". The peculiarity of such a war is that it is conducted in disguise using mostly non-linear tactics and is not aimed at capturing the entire territory of the country, although it is possible to take control of partial territories, but to obtain patronage over the state, which is achieved through influence on the population, politics, business, law-enforcement agencies. A striking example of the implementation of the concept of hybrid war is the actions of the Russian Federation (hereinafter - Russia) against Ukraine. At the same time, Russia's "hybrid policy" is not limited to Ukraine. It also covers Europe and the United States, the EU and NATO. In order to analyze the development of the conflict between Ukraine and Russia in the period up to 2035, an analysis was made on the development of the information aspect of relations between Ukraine and other influential regional and world actors on the development of the situation around Ukraine. In preparing the forecast, the tools of scenario analysis were used, namely: the analysis of the main influencing factors, which allowed determining the trends of regional development until 2035. This analysis makes it possible to develop a baseline scenario for the development of the situation, provided that the situation around Ukraine over time will not change significantly; the main factors that are difficult to predict and non-collinear are identified.


Author(s):  
Elena A. Kupryashina ◽  
Snezhana S. Khalimonenko ◽  
Aleksander A. Nasonov ◽  
Ekaterina A. Novikova ◽  
Sergey F. Shumilin

The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.


2018 ◽  
Vol 17 (4) ◽  
pp. 30-37
Author(s):  
A. A. Gerasimov

1 million 824 thousand people died in the Russian Federation in 2017, including 457 thousand from ischemic heart disease (IHD). IHD caused more than a quarter of deaths in Russia. Goal. The article analyzes the impact of implementation of clinical guidelines in cardiology in medical practice in the United States and the Russian Federation on the dynamics of mortality from ischemic heart disease and its outcomes in different age groups. Results. The results showed that the implementation of clinical guidelines (CG) increased the rate of mortality reduction from coronary heart diseases in Russia and the United States, which may indicate a positive impact CG on the quality of medical care. Conclusions. A higher level of mortality from coronary heart disease in Russia compared to the United States may be due to less commitment of doctors to the principles of therapy and diagnosis of various forms of coronary heart disease, set out in clinical guidelines.


Author(s):  
F.F. Zaripov

The article formulates the problems of procedural regulation of ensuring the safety of participants in criminal proceedings on the part of the defense in the process of criminal proceedings. It is noted that despite the hasty division of the participants in the criminal process into groups in accordance with the procedural function performed by them, the need to separate the participants in criminal proceedings standing upon the interests of the defense into a separate group is not disputed. Attention is drawn to the fact that the principle of protecting the rights and freedoms of man and citizen in criminal proceedings does not fully regulate the adoption of appropriate measures to ensure the safety of participants in the criminal process for the realization of their rights and interests. The necessity of making amendments and additions to the Code of Criminal Procedure of the Russian Federation (as the main source of criminal procedure law), as well as a number of other legislative acts related to the protection of human and civil rights and freedoms and to ensuring the safety of participants in criminal proceedings in all areas, is substantiated.


2019 ◽  
pp. 34-36
Author(s):  
A.I. Teregulova ◽  
E.V. Yezhova

The article deals with the issue of criminal procedural capacity of juvenile suspects, accused. The conclusion is made about the expediency of introducing into the scientific circulation the concepts of “criminal procedure capacity”, “partial criminal procedure capacity”. Based on the study of doctrinal sources, law enforcement practice, the authors come to the conclusion that at the legislative level it is necessary to provide for the termination of the powers of such participants in the criminal process as a legal representative, teacher (psychologist), if the suspect or accused person is under 18 years old. A draft amendment to Part 3 of Art. 420 Code of Criminal Procedure of the Russian Federation.


2021 ◽  
Vol 108 ◽  
pp. 04011
Author(s):  
Marina Sergeevna Kolosovich ◽  
Lyudmila Vladimirovna Popova ◽  
Anna Fedorovna Zotova ◽  
Maria Mikhailovna Bondar ◽  
Olga Sergeevna Shamshina

Over the years, most of the Russian processualists denied the investigator’s right to engage in actions of covert nature and deemed it impossible to integrate the norms of criminal intelligence legislation in the Code of Criminal Procedure of the Russian Federation adopted on 18.12.2001 No. 174-FZ, rightly referring to the impossibility to vest a single duty-bearer engaged in a preliminary investigation with unprecedented powers. Meanwhile, the latest decades have been marked by active legislative activity in many countries, which in fact has turned covert criminal intelligence and surveillance into a procedural activity. These innovations became specific of a number of countries regardless of their legal system belonging to the Romano-Germanic or Anglo-Saxon legal system, testifying to more profound roots of the problem. The study is also relevant in terms of dissatisfaction, expressed by the Russian law-enforcement authorities, with the crime solvency rate and with the interaction of criminal intelligence detectives and internal affairs investigators. The goal of the study is to identify the procedural provisions governing the investigator’s covert-nature activities and related law enforcement problems. The methodological framework of the research comprises general and particular methods of scientific knowledge: dialectical, systemic, deductive, inductive; synthesis, analysis; comparative legal analysis, statistical and other methods. Results and novelty: it was concluded that the Code of Criminal Procedure provides for the regulation of the investigator’s confidential-nature activities inherent in covert criminal intelligence and surveillance and requiring more detailed elaboration, as concerns the issues of securing the rights of partakers of the said activity; the authors express doubt regarding the justification of the legislator’s differentiation of covert activities under criminal cases into covert investigative actions (Art. 185, 186, 186.1 of the Code of Criminal Procedure) and covert operational and investigative operations that are in fact identical to the former (Art. 6, Cl. 9-11 of the Russian Federation Federal Law No. 144-FZ as of 12.08.1995 “On criminal intelligence and surveillance”.


2021 ◽  
Vol 2 (10) ◽  
pp. 87-98
Author(s):  
Dmitry V. Gordienko ◽  

With the intensification of the struggle for leadership between the United States and China, the task of realizing its own national interests is becoming especially urgent for Russia. The purpose of this article is to assess the impact of the prospects for the realization of the national interests of the Russian Federation in the context of an aggravated struggle for leadership between the United States and China. The paper proposes an approach to the analysis and studies the prospects for the realization of the national interests of the Russian Federation in the context of an aggravated struggle for leadership between the United States and China, which determine the interdependence of the countries of the "strategic triangle" Russia-China-USA. The proposed approach to assessing these prospects allows us to forecast the develop-ment of relations between the countries of the "strategic triangle". The results of the analysis can be used to substantiate recommendations for the leadership of our coun-try. It is concluded that the Russian Federation, the People's Republic of China and the United States of America are important partners for each other.


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