scholarly journals Addressing the Сompetence of Experts and Specialists in the Light of Provisions of ISO/IEC 17025:2017 and International Experience in Applying Specialized Knowledge

2019 ◽  
Vol 14 (3) ◽  
pp. 63-71
Author(s):  
E. V. Chesnokova ◽  
R. S. DuVal
Keyword(s):  
Russian Federation ◽  
International Standards ◽  
Legal Analysis ◽  
Specialized Knowledge ◽  
International Standard ◽  
Forensic Expertise ◽  
Forensic Examination ◽  
Personal Qualities ◽  
The Russian Federation ◽  
Calibration Laboratories

The purpose of the study is to reflect differences in approaches to determining the competence of experts and specialists in domestic forensic expertise and based on international standards for forensic examination. According to the international standard, ISO/IEC 17025:2017 “General requirements for the competence of testing and calibration laboratories”, competence is determined by the demonstrated ability to apply knowledge and/or skills and personal qualities. An attempt has been made to adapt this formulation to the realities of the Russian forensic activities. Also – based on a standard approach – consideration has been given to the issue of specialized knowledge in the field of trades and crafts, as well as opportunities to determine the level of expertise have been discussed considering two possible professional situations: individuals who have passed state certification procedures relating to their trades or crafts, and individuals working in their trades or crafts without having received such certification. International standards for forensic examination and comments thereto, foreign expert practice, publications on domestic forensic expertise and the procedural codes of the Russian Federation have served as materials for the research. The methods of the general theory of forensic examination have been used in the process of research, which are comparative analysis, abstraction and modeling and legal analysis. Regarding people with special knowledge the international standard ISO/IEC 17025:2017 “General requirements for the competence of testing and calibration laboratories” demonstrates the breadth and universality of an approach to their competent activity. What is important here is the demonstrated ability to apply knowledge and/or skills, as shown by a specialist or expert at the time of competence assessment or verification within the framework of forensic laboratory accreditation. A situation when there is equality of knowledge and/or skills and personal qualities can be adapted (to some extent and without significant adjustments) to the Russian realities in forensic activities. For example, in areas of application of specialized knowledge such as skilled trades or crafts or in narrowly specialized or rare spheres of human activity. The various formulations of the term “competence” contain one unchanging feature – the obligatory verification of the level of knowledge and skills. The mechanisms that have been developed through practice to verify the competence of experts and specialists can be supplemented by the capabilities provided by standards. Assessing an expert’s competence taking into account the processes of standardization in forensic activities, currently pending updates to legislation on forensic activities in the Russian Federation and also foreign experience in the application of specialized knowledge in courts of the USA, will contribute to the formation of an integrated position of the Russian expert community and a better implementation of standardization into domestic science, as well as of the unification of rules for the forensic expert activity.

scholarly journals On the Development of Working with Personnel in Forensic Organizations under the Requirements of the International Standard ISO/IEC 17025:2017

2020 ◽  
Vol 15 (1) ◽  
pp. 75-83
Author(s):  
E. V. Chesnokova
Keyword(s):  
Russian Federation ◽  
Test Methods ◽  
International Standards ◽  
International Standard ◽  
Forensic Practice ◽  
The Russian Federation ◽  
Forensic Expert ◽  
Expert Science ◽  
And Performance ◽  
Commercial Organizations

The purpose of the study is to adapt the requirements of the international standard ISO/IEC 17025: 2017 “General requirements for the competence of testing and calibration laboratories”, defining the functions and responsibilities of laboratory personnel, to the domestic forensic expert activity. The following requirements for personnel are addressed in the article: impartiality, competence, manageability, and performance of operations according to the laboratory’s management system. International standards and comments to them, foreign forensic practice, publications on domestic forensic expert science, and procedural codes of the Russian Federation have been analyzed. The article points out that in forensic organizations, the entire staff divides into two groups: those who perform forensic examinations (research) and those who ensure the functioning of the forensic organizations. Achieving objectivity in laboratory activities during research or testing is strictly applicable and is regulated by documenting the research/ test, validating research/test methods, training and admitting personnel, and maintaining equipment. The combination of these procedures ensures the objectivity of a study. It is shown that the standard extends its provisions to all accredited organizations under the uniform rules, which goes along with the ethical standards of the forensic expert institutions of the Ministry of Justice of the Russian Federation, other departments, as well as commercial organizations.  

scholarly journals The Framework for Comprehensive Forensic Study of Phaleristic Items

2021 ◽  
Vol 16 (1) ◽  
pp. 47-53
Author(s):  
G. G. Bocharov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Specialized Knowledge ◽  
Legal Proceedings ◽  
Forensic Research ◽  
Expert Opinions ◽  
Forensic Examination ◽  
Technical Examination ◽  
The Russian Federation ◽  
Comprehensive Study

The article substantiates the need for a comprehensive forensic examination of phaleristic items – orders, medals, and other badges of distinction involved in the sphere of legal proceedings on criminal, civil, arbitration cases, and cases of administrative offenses. The article notes the features of forensic research of state awards of the RSFSR, the USSR, and the Russian Federation, which result from their specific legal status and normatively fixed manufacturing enterprises.The legitimacy of using the concept of “authenticity” in forensic experts’ conclusions concerning state awards and other subjects of phaleristics has been substantiated. The question of authenticity is crucial and, at the same time, one of the most challenging questions in the research of phaleristic items. Its solution requires assessing all the item’s basic properties and, in many cases, the study of a significant amount of reference and historical material.The features of the use of specialized knowledge of history, forensic traceology, forensic examination of materials, substances, and products, forensic merchandising examination, forensic technical examination of documents in the course of phaleristic objects’ forensic study are analyzed. The author provides methodological recommendations for determining the sequence of conducting various types of research, formulating conclusions based on the results of a comprehensive study, and drawing up expert opinions.

scholarly journals Protection of cross-border trafficking of intellectual property in the context of the economic and legal integration of the Russian Federation

2015 ◽  
Vol 2 (2) ◽  
pp. 195-203
Author(s):  
A O Inshakova
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Legal Protection ◽  
International Standards ◽  
Customs Union ◽  
Legal Analysis ◽  
Intellectual Activity ◽  
Global Information Society ◽  
The Russian Federation

The article is devoted to legal analysis of qualitative renewal of existing civil law regarding the protection of intellectual property rights and means of individualization associated with the modernization of the economy and legal system of the Russian Federation, its entry into international organizations such as the Council of Europe, the EurAsEC Customs Union, WTO. International uniform standards for protection of intellectual property, taking into account the growing «immensity» of their turnover, and the risks associated with the misuse of their use, including for the purpose of infringing competition and monopolize the market, pay close attention to the institution of a national legislator exclusive right to the products of creative activity. In order to assess compliance with international standards such updated provisions of the Russian civil law the analysis of foreign legislation, jurisprudence and doctrine. The author’s evaluation of common internationally recognized approaches and standards for the creation, registration and use of the results of intellectual activity, legal protection, commercialization and protection of the rights to them, requiring reflection in a national legal reform also takes into account the active development of globalization and building a global information society.

TO THE QUESTION OF RESPONSIBILITY FOR TORTURE IN THE RUSSIAN FEDERATION

2020 ◽  
Vol 10 (2) ◽  
pp. 103-106
Author(s):  
ASTEMIR ZHURTOV ◽  
Keyword(s):  
Human Rights ◽  
Russian Federation ◽  
Large Scale ◽  
Human Life ◽  
International Standards ◽  
World Community ◽  
The World ◽  
Long Time ◽  
Protection Of Human Rights ◽  
The Russian Federation

Cruel and inhumane acts that harm human life and health, as well as humiliate the dignity, are prohibited in most countries of the world, and Russia is no exception in this issue. The article presents an analysis of the institution of responsibility for torture in the Russian Federation. The author comes to the conclusion that the current criminal law of Russia superficially and fragmentally regulates liability for torture, in connection with which the author formulated the proposals to define such act as an independent crime. In the frame of modern globalization, the world community pays special attention to the protection of human rights, in connection with which large-scale international standards have been created a long time ago. The Universal Declaration of Human Rights and other international acts enshrine prohibitions of cruel and inhumane acts that harm human life and health, as well as degrade the dignity.Considering the historical experience of the past, these standards focus on the prohibition of any kind of torture, regardless of the purpose of their implementation.

Evidence and Proof in Civil and Administrative Proceedings: Comparative Legal Analysis

2020 ◽  
Vol 4 ◽  
pp. 72-76
Author(s):  
Yu. R. Sirazitdinova ◽  
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Legal Analysis ◽  
The Russian Federation ◽  
Administrative Proceedings ◽  
Evidence And Proof

By comparing the article, some questions of proof and evidence are examined in the Code of Civil Procedure of the Russian Federation, agribusiness of the Russian Federation, CAS of the Russian Federation. An attempt has been made to develop proposals for amending Articles 62 and 122 of the CAS RF.

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.

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

Taxation Issues for Digital Financial Assets

2021 ◽  
pp. 089443932110039
Author(s):  
Viktor Shestak ◽  
Alla Kiseleva ◽  
Yuriy Kolesnikov
Keyword(s):  
Russian Federation ◽  
Income Tax ◽  
Legal Regulation ◽  
Capital Gains ◽  
International Standards ◽  
Financial Assets ◽  
State Budget ◽  
The Russian Federation ◽  
Digital Assets ◽  
Tax Accounting

The objective of the study is to determine the status of a digital financial asset and the features of its taxation in the Russian Federation and progressive countries. Currently, there are three main taxation models that are used in this area: income tax, corporate income tax, and capital gains tax. The article explores the prospects for introducing the experience of foreign countries in the Russian Federation. The possible changes that may occur in tax regulation are analyzed. The experience of leading countries in the field of legal regulation of the use of digital financial assets and the taxation of cryptocurrency transactions is analyzed. Such an analysis will allow Russia to keep pace with countries with a leading economy and at the same time increase state budget revenue through taxation of cryptocurrency transactions. The study provides an analysis of the conceptual scenarios of digital income taxation and objects of taxation in the process of cryptocurrency creation. The study critically assesses possible options for applying international standards for tax accounting of digital assets. Groups of problematic issues that arise in the tax accounting of digital assets are developed. The prospect of further research is the development of tax accounting methods for each of the established entities for the creation and circulation of digital financial assets in accordance with accounting objects.

scholarly journals Problems of the preliminary customs informing system and the introduction of the Single Window at the sea check points of the Russian Federation

2018 ◽  
Vol 239 ◽  
pp. 04004 ◽  
Author(s):  
Svetlana Maydanova ◽  
Igor Ilin
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Russian Federation ◽  
International Organizations ◽  
International Standards ◽  
Eurasian Economic Union ◽  
Check Points ◽  
The Russian Federation ◽  
Economic Union ◽  
National Governments

The Single Window concept in the international trade and logistics has been explored by international organizations and national governments over the last two decades. International standards and recommendations, government decisions on this approach are widespread today in both developed and developing countries. Similar decisions and legal acts were implemented during the last ten years by the Russian Federation, as a member of the Eurasian Economic Union. This article provides overview of the following coherent stage – the implementation of preliminary customs informing system at sea check points of the RF with concerns of the Single Window introduction.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

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