scholarly journals Transferring detainees and identifying foreign criminal sentences in Afghan law

2017 ◽  
pp. 29-51
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Foreign Country ◽  
The Other ◽  
Islamic Republic ◽  
Other Hand ◽  
The Supreme Court ◽  
Islamic Republic Of Iran ◽  
The Russian Federation ◽  
The Government

To get familiar with the procedures and procedures for enforcing foreign criminal laws and regulations that are exceptionally based on the principle of non-recognition And the validity of foreign criminal sentences in the territory of the country, the researcher, despite the ambiguity of the process of transferring prisoners to Afghan law, established. The Government of Afghanistan has signed agreements on the transfer of detainees to the Russian Federation, the Islamic Republic of Iran and Tajikistan. In this way, the exchange of convicts is imprisoned Countries are subject to conditions (physical and physical). So far, 284 Afghan citizens from Tajikistan and 19 Afghan citizens from Iran have been brought in by the same procedure. On the other hand, 3 people are citizens Tajikistan and 28 Iranian nationals have been transferred to their country for the purpose of implementing and enforcing absenteeism sentences by Afghan courts. Afghan government in transferring convicts to Imprisonment with the countries that have concluded the agreement on the implementation of the extramarital sentences of the foreign country against the Afghan prisoner who transferred the proceedings and transferred to the country's prisons is such that the sentence Extramaritalization in prisons will be imposed on directly displaced prisoners and will not interfere substantially with this criminal judgment, unless this is contrary to the principles and norms of the Afghan legislature, in This will eliminate the vacuum created by the Supreme Court by appealing to the emancipation.

Conciliatory Justice in Modern Russia

2020 ◽  
Vol 11 (1) ◽  
pp. 19
Author(s):  
Katerina DREMOVA
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Dispute Settlement ◽  
Legal Regulation ◽  
Business Environment ◽  
Synthesis Methods ◽  
Universal Method ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Government

The research studies conciliatory justice in modern Russia. Its formation and peculiarities in the institution of alternative ways of resolving legal conflict on the example of mediation are considered. Various views regarding the mediation definition are analyzed, and the author's vision of this category concept is given. The origins of mediation history abroad and in Russia are studied. The essence and peculiarities of mediation application as an alternative method of economic disputes settlement are characterized. The benefits of using conciliatory procedures in a business environment are revealed. The main aspects of the procedural legislation reform initiated by the Supreme Court of the Russian Federation concerning the change in the legal regulation of conciliatory procedures application in the settlement of legal conflicts are outlined. It is noted that the beginning of procedural reform in Russia with regard to dispute settlement through conciliatory procedures was triggered by the resolution of the plenum of the Supreme Court of the Russian Federation ‘On submission to the State Duma of the Federal Assembly of Russian Federation a federal law draft ‘On amendments to a number of legislative acts of the Russian Federation in connection with conciliatory procedure improvements’ adopted on 18 January 2018 and the resolution of the Government of the Russian Federation. Statistics on the ratio of dismissals agreed, dispute settlement through the mediation procedure, as well as plaintiff-triggered dismissals are provided. Methodology: the study is carried out on the basis of the universal method on scientific study of the social development principles –dialectical materialism provisions, as well as general and specific scientific methods: dogmatic, regulatory legal, legal comparative, fragmented historical and legal, case studies (statistical data and judicial statistics analysis), logical (hypotheses, analogy, modeling, analysis and synthesis methods), philosophic (axiological, derivation methods on the basis of priori and axiomatic provisions), generalization and abstraction methods. Conclusions: To date, entrepreneurs are increasingly using conciliatory procedures when settling disputes. This way of dispute settlement becomes very convenient, businessmen are not in the need to spend their time on litigation, often protracted, but can settle issues more quickly and effectively. Today, conciliatory justice in the Russian Federation is going through the stage of formation and development and in the future is to become a demanded institution of judicial law.

scholarly journals Legal liability in the mechanism of countering current threats to national security: a novel coronavirus infection

2021 ◽  
pp. 25-35
Author(s):  
Dmitriy Anatol'evich Lipinsky ◽  
Nikolai Vladimirovich Makareiko ◽  
Ivan Evgen'evich Popov
Keyword(s):  
Supreme Court ◽  
National Security ◽  
Russian Federation ◽  
Criminal Liability ◽  
Legal Liability ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Novel Coronavirus

  The object of this research is the legal liability relations aimed at countering current threat to national security in form of coronavirus infection. The authors review the amendments introduced to the legislation on administrative offenses and criminal legislation, which establish liability in the area of ensuring sanitary and epidemiological wellbeing of the population. Emphasis is placed on the fact that it resulted in a number of legal conflicts that have not been overcome through the ruling of the Supreme Court of the Russian Federation and require legislative resolution. The article examines the practice of implementation of administrative enforcement measures in countering coronavirus infection, as well as the resulting competition for administrative, preventive, procedural, liability and protection measures. It is indicated that the high dynamics of threats to national security justifies the need for the development and legislative consolidation of the effective mechanism that would ensure national security. In this mechanism, a significant role is played by legal liability capacity, primarily such public law types as administrative and criminal liability. The research reveals that the rapid response of the legislator to the threat to national security in form of a novel coronavirus infection via reforming the institutions of administrative and criminal liability generated certain conflicts. They have not been resolved through the ruling of the Supreme Court of the Russian Federation and require additional legislative attention. The authors substantiate that by acknowledging the role and importance of administrative and criminal liability within the mechanism of ensuring national security, it should be taken into account that they are means of post-unlawful response of the government. Therefore, it is necessary to enhance the measures aimed at preventing and countering threats to national security, including those caused by coronavirus pandemic.  

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

Remote Proceedings in the Supreme Court of the Russian Federation

2020 ◽  
Vol 2 (3) ◽  
pp. 100-118
Author(s):  
A. S. German ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Theoretical Basis ◽  
Information Technologies ◽  
Systematic Approach ◽  
Systematic Analysis ◽  
Social Distancing ◽  
Legal Proceedings ◽  
The Supreme Court ◽  
The Russian Federation

Introduction. Currently, the Supreme Court of the Russian Federation, like many state bodies, is faced with a global challenge – the coronavirus pandemic, which has affected all public processes. The need for social distancing has contributed to the more active use of modern technologies that facilitate remote court hearings. Theoretical basis. Methods. The theoretical basis of the study were the Russian and foreign scientific works devoted to the problems of introducing information technologies into judicial activity. The methodological basis of the study was a systematic approach that made it possible to consider the possibilities of remote justice in its relationship to significant factors of a legal and organisational nature. The study used the methods of logical generalisations, analysis and synthesis, together with a systematic approach and the method of comparative jurisprudence. Results. The article briefly presents the results of a systematic analysis of measures carried out by the Supreme Court of the Russian Federation aimed at ensuring the widespread use of remote technologies in the administration of justice. Discussion and Conclusion. Given the current pandemic situation, the Supreme Court of the Russian Federation has introduced integrated related web conferencing and video conferencing technologies for remote court hearings. These technologies began to be actively used by courts during the pandemic period. Their application ensures a reasonable time frame for legal proceedings and makes it possible to ensure the availability of justice even in conditions of social distancing. The undoubted advantage of remote technologies is their potential to reduce procedural costs in the course of legal proceedings. However, the issues under consideration require further research, as well as preparation of conceptual suggestions to the legislator aimed at optimising procedural legislation.

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.

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