COOPERATION OF CIS MEMBER STATES ON SECURITY ISSUES

Author(s):  
Irina E. Khanova ◽  

Throughout the period of the existence of the Commonwealth of Independent States, mechanisms were formed to determine the topical direc- tions of joint lawmaking, to jointly develop and implement legal norms, to work on the approximation of national legislations, etc. Already at an early stage of the functioning of the Commonwealth of Independent States, the cooperation of national prosecutor’s offices acquired special significance, as evidenced by the establishment of the Coordination Council of Prosecutor- Generals of Commonwealth Member States in 1995. The present article studies the basic aspects of the interaction between prosecutor’s offices in the Commonwealth of Independent States in the protection of the human and civil rights and free- doms. The article also looks at the dynamics of offending in Commonwealth countries and analyses the factors influencing it; it gives examples of reforms to criminal law and criminal procedure in some Commonwealth countries aimed at making the justice system more effective and protecting the rights and freedoms of citizens. The author pays particular attention to the work of the Russian prosecution services, stressing that the experience of lawmaking and the law enforcement practices of the Russian Federation may be of use in the practical work of the general prosecutor’s offices of the post-Soviet countries that are members of the Commonwealth of Independent States.

2021 ◽  
pp. 868-877
Author(s):  
Boris Gavrilov

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.


2021 ◽  
Vol 17 (2(64)) ◽  
pp. 179-193
Author(s):  
Ольга Александровна ХОТЬКО

The paper examines the essence of legislative support and the main elements of the legal mechanism for environmental protection and environmental safety in the implementation of transport activities in the territory of the Commonwealth of Independent States. The author reflects the different approaches of the member States of the integration association to the regulation of this sphere and the general trends of legislation with a view to identifying legal instruments to reduce the harmful effects of transport on the environment. Purpose: to analyze the model legislation of the Commonwealth of Independent States governing environmental protection and ensuring environmental safety and the acts adopted in the member states of the Commonwealth, taking into account the negative impact of transport activities on environmental protection in the context of the development of integration processes. Methods: the author uses the methods of analysis, comparison, systematization, interpretation of legal norms, formal-logical and prognostic, etc. Results: the tasks of ensuring the environmental safety of transport activities are formulated, which make it possible to demonstrate the need for the establishment of legal regulatory instruments in this area and contributing to their identification. The author concludes that there is a need to develop special documents on cooperation in the environmental safety of the Commonwealth member states, which will make it possible to define general guidelines for the creation and implementation of legal instruments to reduce transport harmful effects on the environment. It is argued that there is a need to bring the legal provisions closer together and to deepen positions on legal support in the area under study, taking into account a number of tasks that lead to integrated approaches.


Author(s):  
Efim I. Pivovar ◽  
◽  
Elena A. Kosovan ◽  

The article focuses on the publication activities of post-Soviet archives within the framework of memorial events in honor of the 75th anniversary of the Victory in the Great Patriotic War. The authors note a wide variety of forms for these events, paying special attention to the publication of collections of documents and materials addressed to various topics and issues associated with the Great Patriotic War and post-war events. First of all, that is the tragedy and heroic deed of the civilian population of the Soviet Union during the war, including the participation of civilians in the partisan movement, as well as the history of military everyday life and the psychology of the Soviet soldier and the Soviet internationalism in the context of the war and post-war events. The analysis of the publication activities of the archives of the member states of the Commonwealth of Independent States allows the authors to conclude that it was the archives of the Russian Federation that led the most energetic publication activities, implementing both regional and federal anniversary publication projects (among the latter, the authors distinguish the all-Russian project “With No Status of Limitation”). As early as in the first half of the anniversary year 2020, archivists of the Russian Federation prepared collections covering the participation of Russian regions in the Great Patriotic War. Unlike the Russian archives, the archives of other member states of the Commonwealth of Independent States in 2019 – the first half of 2020 were less productive in their publication activities. However, the authors note the publications of the National Archives of the Republic of Belarus (already published:“Khatyn. On the Way to Recognition. Documents and Materials” and “Operational Summaries of the Belarusian Headquarters of the Partisan Movement. January–July 1944”, were announced: the publication of document collections related to the operation “Cormorant” and the restoration of agriculture in the Belarusian SSR in 1946–1950); of the State Archives of Minsk Region (“Life during War” collection was published), and the State Service of Records and Archives Management of the Trans-Dniester (Pridnestrovian) Moldavian Republic (“There is Such a Profession to Defend the Motherland” – an electronic collection of documents was prepared).


2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.


Author(s):  
Denis Mikhaylovich Denisov

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.


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