scholarly journals The Framework for Comprehensive Forensic Study of Phaleristic Items

2021 ◽  
Vol 16 (1) ◽  
pp. 47-53
Author(s):  
G. G. Bocharov

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.

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.


2020 ◽  
Vol 5 (3(72)) ◽  
pp. 53-57
Author(s):  
A.I. Mamoshin

Background. The purpose of this scientific article is a comprehensive study of some peculiarities of the legal situation of minor parents under the family legislation of the Russian Federation. Methods of scientific research have drawn up general-theoretic methods of knowledge: analysis and synthesis, derivation and induction, as well as a method of prediction. Private-legal methods include formal-logical and legaldogmatic methods. The results of scientific knowledge are that the author analysed the peculiarities of the legal status of minor parents and identified some gaps in the current legislation concerning the implementation of the rights and obligations of minor parents Conclusions. Summing up the work, we concluded that it is necessary to make some changes to the current legislation and recognize the status of minor parents as a significant basis for recognizing minor citizens as fully capable.


2020 ◽  
Vol 35 (3) ◽  
pp. 101-110
Author(s):  
M.G. Gamzatov ◽  

This article examines the current problems of the national language and the language of legal proceedings in the arbitration process of the Russian Federation. The author of the article draws attention to the legal status of the state language in the system of the arbitration process and regards it as a subtype of language for specific purposes. The author proposes the need to comply with the nature of public order and lingua lexfori should be taken into account when legalizing documents of foreign origin.


2019 ◽  
Vol 14 (3) ◽  
pp. 63-71
Author(s):  
E. V. Chesnokova ◽  
R. S. DuVal

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.


2021 ◽  
Vol 118 ◽  
pp. 03012
Author(s):  
Elena Anatolievna Logvinets ◽  
Natalia Рetrovna Katorgina ◽  
Natalia Yurievna Sudnikova ◽  
Sergey Nikolaevich Mamin ◽  
Irina Nikolaevna Kislitsina

The purpose of this research is to consider the legal status of an expert in the legal proceedings of the Russian Federation and the United States. In the paper used were such research methods as analysis, synthesis, formal legal and comparative legal. The methods of analysis and synthesis were used to clarify the legal status of an expert in the Russian Federation and the United States. The use of formal legal and comparative legal methods made it possible to conduct a comprehensive comparative study of procedural legislation. The authors applied an integrated approach to the study of the role and essence of competent persons in the two countries’ proceedings. The comparative legal analysis of the rules of proceedings of the Russian Federation and the United States resulted in an assessment of the legislative regulation of the institute of specific expertise in legal proceedings. The given methodological tools made it possible to comprehensively generalise and systematise theoretical postulates, develop their own opinion on issues of the expert participation in the proceedings of the Russian Federation and the United States discussed in the scientific literature. The novelty of the research lies in the fact that it made it possible to assess further prospects for engaging competent persons in Russian legal proceedings. The results obtained during the work can be used for further research in the field of application of special knowledge in the legal proceedings of the Russian Federation and the United States.


Author(s):  
Fyodor M. Kobzaryov

The main approaches to definition and to the content of the procedural status of the person with respect to which, the criminal case is allocated in separate legal proceedings in connection with conclusion of the pre-trial agreement with it concerning cooperation are considered in the article; provisions of the Federal law as of 10/30/2018, #376-ФЗ "On amendments to the Code of Penal Procedure of the Russian Federation" are analysed; according to them, the status of this person is defined, and suggestions for improvement of the legal status of the new participant of criminal procedure are proved.


2017 ◽  
Vol 21 (4) ◽  
pp. 179-188
Author(s):  
I. N. Chebotareva

The article is devoted to changes analysis made in the Code of Criminal Procedure of the Russian Federation by the Federal law No. 73-FZ of April 17, 2017 regarding strengthening of lawyer legal status in criminal legal proceedings. Additional guarantees of lawyer’s independence rendering qualified legal aid in criminal legal proceedings brought by this law are revised. It is possible to call this law "lawyer law" because it is devoted to questions of legal regulation improvement of lawyer’s status in criminal legal proceedings. And in fact is a reduction of existing Code of Criminal Procedure of the Russian Federation in compliance with legal positions created by earlier Constitutional Court of the Russian Federation. On the basis of changes analysis of the Code of Criminal Procedure of the Russian Federation conclusions on strengthening of guarantees of lawyer independence rendering legal aid in criminal legal proceedings and some critical remarks on the matter are stated. Three blocks of questions which cover changes are allocated: the introduction of the defender in criminal case, lawyer secret, and participation of the defender in proof. Changes concern the following questions: formal obstacles for the defender introduction in criminal trial are eliminated; interrogation of the lawyer is possible only according to the petition of protection side; the person called for questioning which isn't subject to interrogation doesn't acquire the status of witness; search, survey and dredging concerning the lawyer can be carried out only under the judgment at observance of established guarantees; additional guarantees in petition satisfaction declared by the lawyer are established; procedural funds of use of expert help are deposited by the defender.


2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.


Author(s):  
Ilia Pavlovich Mikhnev ◽  
Svetlana Vladimirovna Mikhneva

The article discusses the competences and powers of the state authorities of the Russian Federation within their legal status in the field of ensuring the security of critical information infrastructure. Some functions and authorities in the field of information security have changed in a number of federal executive bodies. In particular, the Federal Security Service, on the basis of a presidential decree, is authorized to create a state system for detecting, preventing and eliminating the consequences of computer attacks on information resources of the Russian Federation. However, not all rights and obligations are enshrined; a number of powers cause the duality of the legal status of certain federal bodies of state power. The clarity and unambiguity of securing the rights and obligations of state bodies authorized in the field of information security are guarantees for effectively ensuring the security of important information infrastructure facilities.


Author(s):  
Andrey Antipov

In This paper is dedicated to the examination of one of the most relevant and significant problems of Russian society – illegal trafficking of items and materials, carried out using mass media andinformation and telecommunication networks. Top officials of the state raise the issue of the importance of special control in this area by law enforcement agencies. Despite this attention, comprehensive study on the criminal-legal significance of the use of mass media and information and telecommunication networks in illegal trafficking has not been yet undertaken in the frame of criminal law of Russia. The author examines the concept of «illegal traffic», analyses the texts of the articles of the criminal code of the Russian Federation, which explicitly criminalize illicit trafficking. The author makes a conclusion about the reasonableness of making changes to certain articles of the criminal code of the Russian Federation, in regard to the part concerning establishing stricter penalties for committing socially dangerous acts using mass media and information and telecommunication networks.


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