Analytical activities of Russian customs authorities: Status, problems, prospects

2021 ◽  
Vol 20 (1) ◽  
pp. 142-164
Author(s):  
Viktor V. MAKRUSEV ◽  
Yuliya S. IVASHKINA
Keyword(s):  
Data Processing ◽  
Russian Federation ◽  
Theory And Practice ◽  
Expert Assessment ◽  
Modern Theory ◽  
Processing Technologies ◽  
Foreign Experience ◽  
The Status ◽  
The Russian Federation ◽  
Intelligent Data Processing

Subject. The article discusses the organization of analytical activities in the customs authorities of the Russian Federation. Objectives. The aim is to assess the existing organization of analytical activities in the customs authorities of the Russian Federation and formulate promising directions for its development based on foreign experience in the introduction of intelligent data processing technologies. Methods. The study rests on methods of expert assessment of the analytical activities of customs authorities. Results. We disclose the content and role of analytical activities of the customs authorities of the Russian Federation, consider the organization of their analytical units from the perspective of modern theory and practice of management. Using the expert analysis methods, we evaluate the status of analytical activities of the said authorities and describe the mechanism of their development on the basis of foreign experience in the introduction of intelligent data processing technologies. The developed analysis technology can be used at all structural levels of the Russian Federal Customs Service, in assessing and analyzing the databases of customs authorities. Conclusions. The proposed technology can increase the speed of analytical work of customs officials through automating this process. This will accelerate the customs controls over goods and vehicles, traveling across the EAEU customs border, improve the performance of the risk profiles being developed, and reduce the burden on customs officials.

Doctrine “counter-limits” and doctrine “ultra vires” in the context of protection of national constitutional identity

2020 ◽  
Vol 10 (6) ◽  
pp. 98-105
Author(s):  
OLEG Belosludtsev ◽  
Keyword(s):  
Russian Federation ◽  
Theory And Practice ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Foreign Experience ◽  
Margin Of Appreciation ◽  
The Russian Federation ◽  
The Right ◽  
Constitutional Identity

The  article is  devoted to  the  study of  the  connection between the  doctrine of  constitutional identity with the  doctrine of “counter-limits” and the doctrine of “ultra vires”. All these concepts are applied in the practice of European constitutional courts in cases related to the resolution of conventionally constitutional conflicts. Since the doctrine of “constitutional identity” in domestic theory and practice is in its infancy, in the author’s opinion, it is necessary to take into account the foreign experience of protecting national constitutional identity. And also carefully consider all related concepts, such as the doctrine of counter-limits and the doctrine of “ultra vires”, paying special attention to the topic of their relationship. The author, analyzing the doctrine of “counter-limits” and the doctrine of “ultra vires”, comes to the conclusion that these doctrines, along with other instruments for protecting national constitutional identity (the doctrine of the margin of appreciation), can be used in relation to the dispute between the Constitutional Court of the Russian Federation and the ECHR on “the right of the last word”.

scholarly journals Various Approaches to Assessing the Methods of Stealing Cashless Money in the Modern Information Society

2020 ◽  
Vol 14 (4) ◽  
pp. 601-612
Author(s):  
Maria Tretiak ◽  
Liliya Ryabova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Information Environment ◽  
Theory And Practice ◽  
Modern Theory ◽  
New Approach ◽  
The Russian Federation ◽  
Modern Information ◽  
Criminal Legislation

A wide spread of various illegal methods of stealing cashless funds using modern information technologies makes it necessary to search for more advanced approaches to assessing such actions. Specialists examine different approaches to determining methods of theft in the information environment and analyze the opinions of scholars presented in the doctrine of criminal law, as well as legislative and court statutes adopted during the whole period that the Criminal Code of the Russian Federation has been in force (from 1997 to 2020). The authors of the article pay special attention to the approaches of assessing the widespread methods of stealing cashless money in the theory, legislative sphere and practice. It is noted that current criminal legislation reflects a new approach to assessing theft in the information environment, developed on the basis of modern theory and practice. The authors point out that in modern criminal law theory there are three main trends in assessing the methods of stealing cashless money in the information environment. They are: criminalization of the new form of theft, new types of crimes in Ch. 21 or 28 of the Criminal Code of the Russian Federation; viewing this theft as a variety of traditional forms of theft and other acquisitive crimes against property; application of the existing norms of traditional crimes in Ch. 21 and 28 of the CC of the RF. The authors also note that in the period following the adoption of criminal legislation, the illegal acquisition of cashless funds in the information environment has been assessed differently: as a type of traditional theft by deceit in the form of fraud; as separate types of fraud depending on the method; as separate types of fraud depending on the method and theft. The authors conduct a detailed analysis of the contents of new criminal law norms and the developed theoretical (court) statutes, identify their positive and negative features, and present their own understanding of the effectiveness of the new approach to assessing online theft of cashless money incorporated in current criminal legislation.

scholarly journals The Power of Opposition: Parliamentary Procedures in the Service of Democracy (Within the Framework of Strengthening of the Role of the Parliament and Political Parties in View of the Amendments to the Constitution of the Russian Federation)

2020 ◽  
Vol 10 ◽  
pp. 54-60
Author(s):  
Aleksey S. Koshel ◽  
Keyword(s):  
Political Parties ◽  
Russian Federation ◽  
Party System ◽  
Public Power ◽  
Political Pluralism ◽  
Foreign Experience ◽  
Foreign Law ◽  
The Status ◽  
The Russian Federation

The new powers of the Russian Parliament in accordance with the Amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” entrust the Parliament with additional responsibility for observing the rights and interests of the opposition. The concentration of political discussions from the street within the walls of the parliament should be the most important task of improving the legislation of the Russian Federation on parliamentary procedures, including with regard to the opposition, which clearly expresses the principles of multi-party system and political pluralism in the Russian parliament. The article analyzes the status of the opposition under Russian and foreign law, the powers of the opposition and the procedure for their implementation, the ability of the opposition to really influence the decisions made by the parliament, including the initiative to consider them (as in the case of the parliamentary investigation). The author comes to the conclusion that it is necessary to improve the status of the opposition in the Russian Federation, taking into account foreign experience.

Developing the basis of the matrix model of the regional innovation subsystem

2020 ◽  
Vol 18 (11) ◽  
pp. 2183-2204
Author(s):  
E.I. Moskvitina
Keyword(s):  
Russian Federation ◽  
Matrix Model ◽  
Federal District ◽  
Assessment Method ◽  
Expert Assessment ◽  
Regional Innovation ◽  
Regional Strategies ◽  
Analysis And Synthesis ◽  
The Matrix ◽  
The Russian Federation

Subject. This article deals with the issues related to the formation and implementation of the innovation capacity of the Russian Federation subjects. Objectives. The article aims to develop the organizational and methodological foundations for the formation of a model of the regional innovation subsystem. Methods. For the study, I used the methods of analysis and synthesis, economics and statistics analysis, and the expert assessment method. Results. The article presents a developed basis of the regional innovation subsystem matrix model. It helps determine the relationship between the subjects and the parameters of the regional innovation subsystem. To evaluate the indicators characterizing the selected parameters, the Volga Federal District regions are considered as a case study. The article defines the process of reconciliation of interests between the subjects of regional innovation. Conclusions. The results obtained can be used by regional executive bodies when developing regional strategies for the socio-economic advancement of the Russian Federation subjects.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

Innovative Road — a High-Risk Area

2020 ◽  
Vol 144 ◽  
pp. 136-141
Author(s):  
Aleksei F. Renkel’ ◽  
Keyword(s):  
High Risk ◽  
Research And Development ◽  
Russian Federation ◽  
Education System ◽  
Patent Law ◽  
Risk Area ◽  
High Risk Area ◽  
Foreign Experience ◽  
The Russian Federation

At present the education system in the Russian Federation does not include any program teaching the basics of patent law on inventions, therefore protection of copyright holders in courts is very problematic. The article analyzes foreign experience of patent law on inventions, provides examples of implementing research and development results.

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.

scholarly journals Search in Criminal Procedure of Russia and Germany: Comparative Legal Characteristics

2018 ◽  
Vol 50 ◽  
pp. 01159
Author(s):  
Anton Shamne
Keyword(s):  
Comparative Analysis ◽  
Federal Republic ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Federal Republic Of Germany ◽  
Procedure Code ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences

The article compares the Criminal Procedural Codes provisions of the Russian Federation and the Federal Republic of Germany that regulate conducting a search as an investigative act. It also provides and compares the definitions of the concept “search” and “dwelling” given in Russian and German criminal procedural legislation. The reasons for conducting the search in general and the search of dwelling are considered, similarities and differences are revealed in relation to the status of the subject who is under the search. The author characterizes the search of dwelling and gives a comparative analysis of this investigative action as well as the notion of “urgent cases” in both countries. The authors also proposed some brief recommendations for improving the norms of the Russian Federation Criminal Procedure Code.

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