scholarly journals On the question of extradition verification conducted by the prosecutors of territorial and specialized prosecutor's offices of the lower echelon of the prosecutorial system of the Russian Federation, and on certain flaws of the snap poll of a person on the international wanted list

2021 ◽  
pp. 51-63
Author(s):  
Maksim Mukhtarzhanovich Cherepanov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Treaties ◽  
Judicial Practice ◽  
Procedure Code ◽  
Preparatory Stage ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of

The subject of this research is the materials of prosecutorial and judicial practice, as well as the norms of the current legislation of the Russian Federation, including international treaties of the Russian Federation. The object of this research is the extradition verification as the established by legislation legal means of the prosecutor aimed at detecting violations of the Constitution of the Russian Federation and laws effective in the territory of the Russian Federation, including international treaties of the Russian Federation and generally accepted principles of international law, human and civil  rights and freedoms, factors and conditions that contribute to such violations, and responsible parties in the context of resolving the question of extradition of foreign citizens and stateless persons from the Russian Federation or establishing the absence of indicated violations. Special attention is given to the concept, peculiarities, structure and content of extradition prosecutorial verification. The author supports the opinion of some scholars on the need to adopt foreign experience (namely of the Republic of Kazakhstan and Ukraine), as well as specify in the Criminal Procedure Code of the Russian Federation the normative definition of the term “extradition check verification” and particular procedural actions of the prosecutor that constitute such verifications. The conclusion is made that the snap poll procedure for the detainee should be considered the initial (organizational and preparatory) stage of the extradition verification; there are gaps in normative regulation of the snap poll procedure, which may cause difficulties in practice of the prosecutors of the lower echelon of prosecutorial system of the Russian Federation, who are entrusted to take part in international  cooperation. The author underlines the need for mandatory correction of all the flaws, and offers the original perspective on their elimination.

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 Category “measure” in the theory of penal law

2021 ◽  
Vol 1 (11) ◽  
pp. 28-31
Author(s):  
V.K. BAKULIN ◽  
Keyword(s):  
Russian Federation ◽  
Legal Obligation ◽  
Procedural Law ◽  
Procedure Code ◽  
Penal Law ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Relationship Of ◽  
The Relationship

The article analyzes the philosophical category “measure”, which due to its universality and comprehensiveness finds expression in law, since subjective law and legal obligation are always a measure of the possible or necessary behavior of the subjects of legal relations. The relationship of the category “measure” with the institutions of criminal and criminal procedural law is shown. The article examines the demonstrations of this category in the institutions of the penal law, which makes it possible to formulate the definition of a measure in the penal law and systematize the existing ones. There is revealed the need to change the subject of the penal law as a branch of law in connection with the empowerment of criminal executive inspectorates with the authority to implement measures of procedural coercion, provided for by the Criminal Procedure Code of the Russian Federation.

scholarly journals The essence and problems of substantiating certain types of decisions in criminal proceedings

2021 ◽  
Vol 136 (3) ◽  
pp. 98-104
Author(s):  
V.V. Djafarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Procedure Code ◽  
Mandatory Requirement ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Procedural Decisions

The article considers problems of substantiating certain types of decisions in the criminal process. The author’s views are based on recent changes in the criminal procedure legislation of the Republic of Kazakhstan and the existing experience of the Russian Federation. The article focuses on provisions of the current criminal procedure code of the Republic of Kazakhstan. The author refers to Russian proceduralists whose works are devoted to the problems of studying the validity of procedural decisions at the pre-trial stage. The author indicated types of decisions, which are not recognized as criminal procedural, but for which justification should be a mandatory criterion according to the criminal procedural legislation of the Republic of Kazakhstan. The article provisions justify the need to enshrine the definition of «reasonableness» in the Criminal Procedure Code of the Republic of Kazakhstan as a mandatory requirement that must be met when taking decisions by the prosecuting authorities.

DOES A COMPETENCE (NOT JURISDICTION) EXIST NOW? (TEACHING, SCIENCE, PRACTICE)

2020 ◽  
Vol 10 (5) ◽  
pp. 13-46
Author(s):  
A.F. VORONOV
Keyword(s):  
Russian Federation ◽  
Legal Education ◽  
Point Of View ◽  
Science Practice ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Case ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The article is devoted to the legal institution and the definition of “competence” and the related institution and the definition of “jurisdiction”. Using historical, comparative, system- structural and other methods of cognition, the author analyzes the doctrinal content and consolidation in legislation of these institutions in their development. The relevance of the research topic is justified by the fact that in the Civil Procedure Code of the Russian Federation and in the Commercial Procedure Code of the Russian Federation, the term “competence” is now not used. The author substantiates the point of view that this does not mean the loss of the meaning of the definition for science, legal education and judicial practice. Taking into account the provisions of the new legislation, an algorithm for determining the competence and jurisdiction of a legal case is proposed. As one of the conclusions, the author points out that there are no grounds for refusing to use the concept of “jurisdiction” either in practice, or in the science of civil and arbitration proceedings, or in the process of teaching these disciplines. In addition, the researcher notes that the analysis of judicial practice since the beginning of 2020 shows that the courts continue to actively use the term “jurisdiction”, both referring to the decisions of the plenums of the RF Supreme Court and the RF Supreme Arbitration Court, and directly.

International Humanitarian and Human Rights Law in Russian Courts

2011 ◽  
Vol 2 (2) ◽  
pp. 216-249
Author(s):  
Sergei Yu. Marochkin ◽  
Vladimir A. Popov
Keyword(s):  
Human Rights ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Special Role ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Treaties ◽  
Judicial Practice ◽  
The Russian Federation

The paper investigates the implementation of the norms of international humanitarian and human rights law in the Russian courts. It may be viewed as a specific feature that these two categories are considered close in part of the Russian doctrine and, as we will see below, in some judicial cases. Since the adoption of the Constitution of the Russian Federation in 1993 international law has been granted a specific status and significance in the Russian legal system. According to the Constitution and legislation, Russian courts have had the opportunity to play a special role in the implementation of international humanitarian and human rights law. That being said, judicial practice relating to the implementation and the application of these norms is different from that of other international law norms. It is, however, explained, in particular, by the fact, that there are not many cases which either mention directly or use humanitarian law. Often, courts make abstract or general references to international treaties or make decisions only on the basis of the national law, though the considered cases fall directly under the regulation of international humanitarian or human rights law. In conclusion, at present the practice of Russian courts is rather diverse and needs further unification.

scholarly journals Coercion to Sexual Acts: Issues of Interpretation and Application

Lex Russica ◽  
2021 ◽  
pp. 54-66
Author(s):  
K. V. Dyadyun
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Code ◽  
Sexual Crimes ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Cis Countries ◽  
The Moment ◽  
Definition Of

The paper analyzes the features of the regulation of objective and subjective characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation, their influence on application of the aforementioned norm. The paper examines the category of "compulsion", the concept of "other sexual actions", their correlation with the definition of "sexual harassment". The paper resorts to legal and etymological approaches to the understanding and content of these terms, gives recommendations for improving the legislative and law enforcement practice in this area. The author analyzes the approach to the interpretation of the content aspects of compulsion—encouragement/compulsion. The issue of the moment of the end of the criminal act under consideration (process/result) is examined. The author determines and substantiates deficiencies in the regulation of methods of coercion to actions of a sexual nature. The concept of "dependence" in the considered area, its relationship with the state of helplessness is investigated. The essential and substantive characteristics of the threat as a method of coercion to sexual actions (criteria and their interpretation) are analyzed. Also, the author examines the issue of qualifying characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation and problems of interpretation of the characteristics of the subject matter, motives and purpose of this act. The complexity of the delimitation of the aforementioned criminal act from an insignificant offense, a moral offense, an administrative offense, and related crimes are indicated. The author also analyzes the issue of qualification of the act under Art. 133 of the Criminal Code of the Russian Federation and its impact on its relationship with violent sexual crimes. The paper presents an analysis of the legislation of the CIS countries on the issue under consideration and provides for historical summary about the evolution of the domestic legislative approach in the aforementioned area. The determinants of law enforcement problems are identified and indicated. Conclusions and recommendations are based on the study of judicial practice, researchers’ opinions, the RF Supreme Court standing, the rules applied to qualify criminal acts.

scholarly journals Inheritance Relations in Private International Law

2020 ◽  
Vol 6 (1) ◽  
pp. 283-286
Author(s):  
R. Kadzharov
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Private International Law ◽  
Legal Environment ◽  
Legal Analysis ◽  
International Treaties ◽  
Judicial Practice ◽  
Foreign Countries ◽  
The Will ◽  
The Russian Federation

The article discusses the legal problems of inheritance relations in the Russian Federation and foreign countries. The relevance of the topic under study is due to the need to form a legal environment emerging in the process of inheritance of tort obligations and the form of the will in Russian and foreign laws. A legal analysis of Russian legislation and international treaties, foreign legislation and judicial practice in the field of inheritance regulation in the Russian Federation and foreign countries is carried out. Particular attention is paid to the unification of international norms in the field of testament form. The author concludes that international law on inheritance has its drawbacks and requires further adjustments.

scholarly journals ON PRESSING ISSUES OF CRIMINAL LEGAL PROTECTION OF CREDITORS AT THE STAGE OF EXECUTION OF JUDICIAL ACTS ON THE COLLECTION OF ACCOUNTS PAYABLE

2021 ◽  
pp. 22-28
Author(s):  
K.Y. Sasykin
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Judicial Practice ◽  
Procedure Code ◽  
Accounts Payable ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

In the article, the author examines the problem of criminal legal protection of creditors’ rights fromcrimes associated with malicious evasion by debtors from paying off accounts payable, for the commissionof which liability is provided under Article 177 of the Criminal Code of the Russian Federation. The author emphasizes that the norm of the article was introduced in 1996 together with the adoptionof the code and the disposition did not undergo changes over the next twenty-five years, remaininginsufficiently regulated. It is indicated with reference to judicial practice on the problem of the objective sideof the corpus delicti of this crime, which contains ambiguous evaluative signs.The author, based on the analysis of the article of the considered norm and a number of doctrinal pointsof view, concluded that the norm is subject to change with the “removal” of the controversial terminologyfrom the disposition. The author proposes a revision of the norm and, as an example, provides a similarprovision on liability from the criminal legislation of the Republic of Belarus.Also, based on the analysis of articles 144–145 of the Criminal Procedure Code of the Russian Federationand taking into account the practice and doctrinal points of view, attention is focused on the need, in additionto substantive changes, changes and procedural norms of domestic legislation, namely, on the need totransform the stage existing in the Criminal Procedure Code of the Russian Federation initiation of a criminalcase as hindering the timely detection and investigation of this type of crime.

Murder Motivated by Blood Feud: Features of the Subject of the Crime

2021 ◽  
pp. 253-268
Author(s):  
Konstantin V. Korsakov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Professionals ◽  
Judicial Practice ◽  
Long Time ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
The Given

This article focuses on the resolution of issues and difficulties legal professionals encounter when qualifying criminal acts under Item e.1 of Part 2 of Article 105 of the Criminal Code of the Russian Federation (Item e.1). The issues and difficulties appeared when the 1996 Criminal Code entered into force and still exist. They are associated with the absence of a legal definition of blood feud in the text of the Criminal Code and other federal statutes, and also with the fact that Decision No. 1 of the Plenum of the Supreme Court of the Russian Federation, On Judicial Practice in Murder Cases, of 27 January 1999, both in the previous and in the current versions, does not contain any comments and clarifications on the characteristics of Item e.1. The greatest difficulties in investigative and judicial practice appear when determining the subject of the given crime. For a long time, the question of what kind of subject of the crime - general or special - is the subject of the crime envisaged in Item e.1 (formerly Item k of Article 102 of the Criminal Code of the RSFSR) continues to be controversial and open in the Russian criminal law theory. The author of the article has made a comprehensive critical analysis of the points of view, opinions, and approaches available in the criminal law doctrine regarding the definition of the type of subject in Item e.1 - murder motivated by blood feud; this has an important qualification value and directly affects the legal assessment of the criminal act provided for in this item. The article presents and examines the doctrinal provisions, court decisions, and norms of criminal law in terms of determining the type of subject of murder motivated by blood feud. The author proposed, explained, and scientifically substantiated a uniform approach to the definition of the subject in Item e.1; this approach can order the Russian law enforcement practice and resolve all the problems. The author also formulated conclusions supported by arguments and reasons. The conclusions confirm the correctness of the scientific and legal approach, according to which the subject of the crime envisaged in Item e.1 is special and should belong to a group of population which cultivates the custom of blood feud.

Cybercrimes against Property and Problems of Qualification and Correspondence of Actions Prohibited by Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation (on the Example of a Particular Judicial Decision)

2020 ◽  
Vol 4 ◽  
pp. 82-93
Author(s):  
Y. O. Kuchina ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Judicial Decision ◽  
Judicial Practice ◽  
Digital Development ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The interest in digital development and the specifics of its legal regulation does not practically affect the problems of applying the provisions of Chapter 28 of the Criminal Code of the Russian Federation and the qualifications of acts falling under the definition of «cybercrimes against property» and Art. 272 and Art. 273 in particular. Analyzing a judicial decision, the author on a practical example reveals the main qualification problems that currently exist in the judicial practice. The author states that the outdated and overly detailed definition «computer information» which is given in the note to Art. 272 of the Criminal Code, leads to the fact that the rules of law, in which this term is included, are applied erroneously. Considering how the perception of the meaning of dispositions of Art. 272, 273 and 159.6 of the Criminal Code of the Russian Federation, in cases of committing a crime in a virtual dimension, the author reveals the interdependence of the technical component of the subject of the crime and the place of its commission with the legal regulation of protected public relations and their external perception by the law enforcer. The article offers recommendations on the maximum elimination of possible errors in qualifications and shows on specific examples which particular signs and elements in the mechanism of a specific act affect the formation of erroneous law enforcement practice.

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