scholarly journals JUDICIAL CONTROL IN ENSURING THE LEGALITY AND VALIDITY OF DECISIONS TAKEN BY OPERATIONAL UNITS OF INTERNAL AFFAIRS BODIES

2020 ◽  
Vol 24 (2) ◽  
pp. 389-409
Author(s):  
Dmitriy A. Babichev
Keyword(s):  
Scientific Work ◽  
Legal Analysis ◽  
Federal Law ◽  
Search Activity ◽  
Scientific Methods ◽  
Judicial Control ◽  
Judicial Practice ◽  
Legal Literature ◽  
Internal Affairs ◽  
Operational Unit

The article examines the features of judicial control in ensuring the legality and va- lidity of decisions made by operational units of internal affairs bodies. The relevance of the work is determined by an attempt to improve the legal mechanisms for the implementation of judicial control in the above-mentioned area based on the study of judicial practice, as well as legal conflicts and gaps in the current operational search legislation. The subject of the study is the system of control powers of the court: 1) verification of the legality and validity of decisions of the operational unit to conduct certain operational search activities by granting permission to the court to conduct them; 2) checking the legality and validity of decisions of the operational unit to conduct certain operational search activities according to their urgent (emergent) conduct; 3) checking the legality and validity of decisions of the operational unit to carry out operational search activities on citizens' complaints. The purpose of this work is to study the essential characteristics of the control powers of the court in ensuring the legality and validity of decisions made by operational divisions of internal affairs bodies. The methodology of the research is based on the General scientific dialectical method of cognition and the scientific methods that follow from it: system, logical, comparative legal analysis, statistical, special legal, and others. The theoretical basis of the research rests on the scientific works of V. V. Abramochkin, V. A. Azarov, Yu. M. Groshevii, S. V. Eskov, N. S. Zheleznyak, V. I. Ivanov, Ch.M. Ismailov, N. A. Kolokolov, E. L. Nkitin, I. A. Odnoshevin, R. H. Rakhimzoda, A. I. Tambovtsev, A. N. Khalikov, I. D. Shatokhin and other authoritative scientists who have made a significant contribution to the solution of doctrinal and applied problems of judicial control in the field of operational search activity. As a result of scientific analysis of judicial practice and legal literature, the author proposes a number of legal tools that affect the court's assessment of the legality and validity of operational search decisions on conducting intrusive OSM, and identifies legal conflicts that require delicate study and technical elimination. In addition, it is argued that amendments to the provisions of the Federal Law On Operational Search Activities aimed at preempting precedents for recognizing evidence obtained during the OSM in cases that cant be delayed and may lead to a serious or particularly serious crime are unacceptable. The results of the study can be used in law enforcement practice of subjects of operational search activity, judges, authorized prosecutors, as well as in scientific work when analyzing problems of judicial control in the field of operational search activity.

scholarly journals Activities of the Ministry of Internal Affairs of the Ukrainian SSR on Combating Economic Crime in the Middle of 1950s

2021 ◽  
Vol 81 (2) ◽  
pp. 13-20
Author(s):  
V. A. Grechenko
Keyword(s):  
Criminal Policy ◽  
Economic Crime ◽  
Practical Significance ◽  
Political Regime ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Literature ◽  
Archival Documents ◽  
Internal Affairs ◽  
The Republic

The relevance of the research topic is due to theoretical and practical significance of the problems of combating economic crime in modern conditions. In this regard, the issue of the effectiveness of the modernized police in accordance with the new tasks is of great importance. The original experience of combating economic crime was gained in previous years, but especially specific in this case were the 1950s, when there was departure from Stalin’s criminal policy, when the liberalization of the political regime and economic reforms began. In general, the country had a new political and economic situation. Various perpetrators also tried to take advantage of this, so the fight against both criminal and economic crime continued to be relevant in the new conditions. This topic is not enough studied in the historical and legal literature. Economic crime has been studied in the article in the sense that it was exactly in the specified historical period. For the first time in the historical and legal literature we studied the activities of the police to combat economic crime in the middle of 1950s, demonstrated certain achievements and shortcomings in this work, its management by the Ministry of Internal Affairs of the Ukrainian SSR. The historical and legal analysis of the normative acts regulating the work of militia in the specified sphere has been carried out. New archival documents have been introduced into scientific circulation, which made it possible to expand and deepen the scientific understanding of police activities during this period, to give it greater objectivity and reliability. The main attention has been paid to the fight against economic crime by the Ministry of Internal Affairs of the Ukrainian SSR; the author has demonstrated the shortcomings observed by the Ministry in this work, the ways to overcome them. It has been emphasized that the analysis of these phenomena by the staff of the Ministry of Internal Affairs was not always in-depth; there were repetitions and superficial judgments. The data characterizing the state of economic crime in the Republic in 1954-1955 has been provided.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals Essence and types of results of operational search activity

2021 ◽  
Vol 2021 (2) ◽  
pp. 110-117
Author(s):  
Aleksandr Sidorenko ◽  
Konstantin Maslennikov
Keyword(s):  
Criminal Investigation ◽  
Material Objects ◽  
Legal Analysis ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Search Activity ◽  
New Developments ◽  
The Social ◽  
Characteristic Features ◽  
Definition Of

Operational search activity is a complex system of interrelated organizational and tactical elements, provides timely detection and use of information necessary to solve the problems of prevention, suppression and disclosure of non-obvious, latent and disguised crimes in the conditions of counteraction from the criminal environment. There is an objective need for the most complete use of the results of the police work in criminal proceedings. The absence in the Federal Law «On Operational Search Activity» of a relevant theoretically based definition of its results is a significant legal gap. The variety of tasks of the operational search activity and the specifics of the operational tools do not allow us to consider the results of this activity as an unambiguous category. Taking into account the special nature of the information obtained by means of a criminal investigation, It is only by means of a structural theoretical and legal analysis of the activity itself that it is possible to identify the characteristic features inherent to the results of this activity and the requirements to be meet. The article offers a structural theoretical and legal analysis that justifies the author’s definition of the results of operational search activities. Only the results of operational search activities can be attributed to the results of the operational search activity. Different search potential and target orientation of operational search activities provide the opportunity to obtain three specific groups of results. The first group of results refers to information that has been identified in the implementation of individual activities or in the implementation of a specific task. The second group includes discovered and preserved material objects. The third group includes new developments that have changed the state of the social environment.

PENSION PROVISION OF CITIZENS WHO PROVIDED CONFIDENTIAL ASSISTANCE TO OPERATIONAL UNITS OF FPS OF RUSSIA

2021 ◽  
pp. 58-64
Author(s):  
Алексей Ильич Тихомиров
Keyword(s):  
Main Type ◽  
Legal Protection ◽  
The Body ◽  
Theory And Practice ◽  
Legal Analysis ◽  
Federal Law ◽  
Search Activity ◽  
The Right

В статье на основе анализа оперативно-розыскного, трудового и пенсионного законодательства РФ исследуется специфика пенсионного обеспечения граждан, конфиденциально содействовавших оперативным подразделениям УИС. Проводится сравнительно-правовой анализ мер социальной и правовой защиты конфидентов с учетом двух основных форм содействия, выделяемых в теории и практике оперативно-розыскной деятельности: контрактной и бесконтрактной. Рассматривая меры пенсионного обеспечения в рамках общей системы мер социальной и правовой защиты лиц, оказывающих содействие на бесконтрактной основе, автор отмечает отсутствие законодательного закрепления права данной категории лиц на зачет периода содействия в страховой стаж, предусмотренного ч. 6 ст. 18 ФЗ «Об ОРД». В свою очередь, исследуя вопрос пенсионного обеспечения, автор акцентирует внимание на основаниях возникновения правовых отношений, складывающихся между конфидентом и органом, осуществляющим ОРД, а также на выяснении характера данных отношений. Проводится сравнительно-правовой анализ контракта о негласном содействии с трудовым и гражданско-правовым договорами. На основании проведенного анализа норм оперативно-розыскного, трудового и пенсионного законодательства РФ выделяются три обязательных условия, необходимых для включения в страховой стаж периода контрактного сотрудничества конфидента: 1) наличие контракта о содействии; 2) сотрудничество должно быть основным видом оплачиваемой деятельности лица; 3) периодам содействия должны были предшествовать и (или) за ними должны были следовать периоды деятельности, указанные в ст. 11 ФЗ «О страховых пенсиях». Делается вывод о необходимости внесения изменений в ст. 18 ФЗ «Об ОРД». Based on the analysis of the operational-search, labor and pension legislation of Russia, the article studies the specifics of pension provision for citizens who provided confidential assistance to operational unts of FPS of Russia. A comparative legal analysis of measures of social and legal protection of persons providing confidential assistance is carried out, taking into account the two main forms of assistance identified in the theory and practice of operational-search activity: contractual and non-contractual. Considering the measures of pension provision within of persons providing assistance on a non-contractual basis, the author notes the absence of legislative consolidation of the right of this category of persons to offset the period of assistance in the insurance experience provided for in Part 6 of Art. 18 of the Federal Law «About operatively-search activity». Investigating the issue of pension provision for persons providing confidential assistance on a contract basis, the author draws attention to the grounds for the emergence of legal relations between the confidant and the body carrying out operational-search activities, and clarification of the nature of these relations. A comparative legal analysis of the contract for covert assistance with labor and civil contracts is carried out. Based on the analysis of the norms of the operational-search, labor and pension legislation of Russia, there are three mandatory conditions necessary for offsetting the period of confidential cooperation of a citizen on a contractual basis in the insurance record: 1) the existence of a cooperation contract; 2) cooperation should be the main type of paid activity of the person; 3) the periods of assistance should have been preceded and / or followed by the periods of activity specified in Art. 11 Federal Law «On Insurance Pensions». It is concluded that it is necessary to amend Art. 18 of the Federal Law «About operatively-search activity».

scholarly journals On the harmonization of anti-terrorist legislation norms

2021 ◽  
Vol 2 (12) ◽  
pp. 86-90
Author(s):  
A. V. SAVINSKY ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Federal Law ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Terrorist Activity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of

Measures are being taken in Russia to improve anti-terrorist legislation, with special attention paid to increasing the counter-terrorism potential of the Criminal Code of the Russian Federation. However, the current anti-terrorism regulations are not without drawbacks. Thus, terrorist activity is interpreted differently in Art. 3 of the Federal Law "On Countering Terrorism" and Art. 205.2 of the Criminal Code of the Russian Federation, which leads to contradictory investigative and judicial practice. The solution is seen in the unification of the definition of terrorist activity and the definition in the wording of the Criminal Code of the Russian Federation looks preferable. It is noted that the legal support for the operational penetration of law enforcement agencies into terrorist structures does not meet the requirements, since the norm of Part 4 of Art. 18 of the federal law "On operational-search activity" (contains an operational-search basis for active repentance) remains inoperative due to the lack of its incorporation into the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article formulates additions to these codified federal laws, which will legitimize the operational-search basis for active repentance.

scholarly journals FINANCIAL AND LEGAL NORMS: LEGAL MEANS AND MECHANISM OF IMPLEMENTATION

2019 ◽  
Vol 4 (5) ◽  
pp. 271
Author(s):  
Mykhailo Pitiulych ◽  
Anatolii Poliakh ◽  
Mykola Pakhnin
Keyword(s):  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Legal Literature ◽  
Determining Factors ◽  
General Scientific ◽  
Implementation Methodology ◽  
The Impact

The aim of the article is to disclose problematic issues, which are connected with financial and legal norms, as well as legal means and the mechanism for their implementation. The subject of the study is the financial and legal norms: legal means and the mechanism for their implementation. Methodology. The study is based on the dialectical method of scientific knowledge and general scientific methods, which are based on it, such as: analysis, comparison, analogy, induction and others. Results of the conducted study have shown the theoretical aspects of the implementation of financial and legal norms and their features. Particular attention is paid to the implementation of the law, which takes one of the main places among the pressing problems of legal science, despite the fact that a special theoretical analysis of the implementation of financial law in the legal literature is quite rare. During the analysis of this issue in the presented study, the question about the content and number of legal means in the mechanism of financial and legal regulation is set in the first place. Another problem, which is studied, is the impact of various determining factors on the procedure for the implementation of financial law. Practical impact. The author analyses the features of the forms of implementation of financial and legal norms, the legal regulation of relations developing in connection with the observance, use, execution, and application of these norms on the bases of the general theoretical approaches of law. Correlation/originality. After the legal analysis and analysis of the scientific literature, it was defined that the mechanism for the implementation of financial and legal norms today faces a number of unresolved problems in financial relations.

scholarly journals THE USE OF WEAPONS AS A QUALIFYING SIGN OF A CRIME: ANALYSIS OF TERMINOLOGY

2017 ◽  
Vol 21 (1) ◽  
pp. 191-197
Author(s):  
M. I. Katbambetov
Keyword(s):  
Legal Status ◽  
Criminal Responsibility ◽  
Real Life ◽  
Criminal Code ◽  
Legal Analysis ◽  
Federal Law ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Sense

The paper is devoted to consideration of criminal responsibility for armed crimes. The author speculates about main differences of the terms "weapons" and "weapons", stressing the importance of increasing the effectiveness of preventing crimes committed with the use of weapons. In order to maximize the disclosure of the content of these concepts, the author conducts their grammatical and formal legal analysis. Particular attention is paid to the tendencies and orientations of courts at the federal and regional levels in assessing the objective and subjective features of armed crimes, in particular Art. 111, 112, 115, 126, 127, 162, 206, 211, 213, 227, 313 of the Criminal Code of the Russian Federation and others. Much attention is payed to the definition of the legal status of inappropriate, decommissioned, collection weapons and items withdrawn from civil circulation (kisteni, knuckles, shuriken, boomerangs, etc.). On the basis of the analysis of judicial practice, the author reasonably points out the impossibility and inexpediency of their recognition as a weapon in the criminal legal sense of the word in view of the absence of either a legal or constructive sign of arms established in Federal Law No. 150-FZ of December 13, 1996 (as amended on 06.07. 2016) "On the weapon". The paper studies the concept "apply" in comparison with the concept "use", which are close in meaning. Based on the criminal-legal and grammatical assessment. The author concludes that the using weapons means the objective possibility of its application in real life. The applying of weapons is the direct implementation of the constructive properties of weapons (shot production, striking, etc.).

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

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.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

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