scholarly journals Illegal circulation of digital currencies: features of criminal investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 252-264
Author(s):  
Lydiya Voskobitova ◽  
Tatyana Vilkova ◽  
Sergey Nasonov ◽  
Maxim Khokhryakov ◽  
Yuri Reshetnikov
Keyword(s):  
Law Enforcement ◽  
Digital Technology ◽  
Legal Regulation ◽  
Present Stage ◽  
Criminal Cases ◽  
Digital Currency ◽  
Analysis And Synthesis ◽  
The Status ◽  
Special Knowledge ◽  
Illicit Trafficking

The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the rapid growth of crime involving cryptocurrencies, the legislation of various states is at the stage of formation of legal regulation of the fight against its illicit trafficking: only some countries have established the status of digital currency as property, provided for the specifics of seizure, storage and sale of digital currency in criminal cases. The need to recognize digital currencies as property has been substantiated. It is shown that the seizure and confiscation of cryptocurrencies should be carried out only by court decision. The lack of special knowledge in the field of digital technology among the investigator, prosecutor and the court requires the mandatory involvement of a specialist in the proceedings on cases of crimes committed with the use of digital currency.

The institution of term within the framework of a state (municipal) contract: concept, types, issues in their definition and calculation

2021 ◽  
pp. 99-116
Author(s):  
Vadim V. Kramskoy
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Synthesis Methods ◽  
Methodological Basis ◽  
Positive Law ◽  
Analysis And Synthesis ◽  
The Status ◽  
Measurement Units ◽  
Pluralistic Approach

We consider the institution of term for the purposes of its use in the provisions of state (municipal) contracts concluded for the procurement of goods, works, services to meet state and municipal needs. The main purpose is to systematize the provisions of the legislation on the contractual system concerning legal regulation of setting terms within the framework of state (municipal) contracts and posing the problem of their inconsistent legal regulation, which negatively affects the process of positive law enforcement. At the same time, the research emphasis is made on identifying the differ-ences in the legislative approach to regulating the procedure for calculating certain types of terms within the framework of a state (municipal) contract. In particular, we analyze the selectivity in the issue of choosing the terms duration for the performance of legally significant actions depending on the status of the procurement participant, we investigate the issues of the expediency of using different terms’ measurement units, including within the same subinstitutions of the term, etc. We present our own ideas for optimizing legislation in this matter. The methodological basis of the research is made up of analysis and synthesis methods, formal legal, comparative legal methods, a pluralistic approach is taken to highlight the issues involved.

scholarly journals SPECIAL KNOWLEDGE IN CRIMINAL CASES: LEGISLATIVE, DOCTRINAL AND LAW ENFORCEMENT ASPECTS

2017 ◽  
Vol 21 (3) ◽  
pp. 155-166
Author(s):  
O. S. Pashutina ◽  
I. N. Chebotareva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Federal Law ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Forensic Expertise ◽  
Special Knowledge ◽  
The Russian Federation

A counsel at law has broad advocacy authority to use specialized knowledge in criminal proceedings, which is one of the hallmarks of the adversarial process, in which the officials conducting criminal proceedings are confronted by a defense endowed with all legal arrangements to adjudicate the rights and legitimate interests of the suspected offenders and accused. The paper discusses procedural and non-procedural possibilities for a counsel at law to use the special knowledge in criminal proceedings through forensic expertise and the involvement of a specialist in that field. The author explains why activities of the counsel at law and of these two specialists in criminal cases are inextricably linked and mutually refer to each other. A counsel at law realizes his rights to participate in forensic expertise asking a specialist for help when appointing a forensic expertise, analyzing the expert's conclusion, applying for an additional or repeated expertise and summoning an expert to give evidence. Violation of the counsel at law rights in the process of the forensic expertise may be grounds for the recognition of the evidence inadmissible and cancel the procedural decision. The authors analyze a legal regulation of the counsel’s at law procedural possibilities on participating in a forensic expertise and on involving a specialist, taking into account changes in the Code of Criminal Procedure, introduced by Federal Law No. 73-FZ of April 17, 2017. The authors also summarize the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on problem issues arising in the process of implementation by the counsel’s at law rights granted by law. The article reveals ambiguity of the existing law enforcement practice and contradictory positions worked out by the highest judicial instances.

scholarly journals The Division of Jointly Acquired Property of Deceased Spouses in the Event of the Death of One of Them: The Legal Regulation and Law Enforcement Practice

Legal Concept ◽  
2021 ◽  
pp. 105-112
Author(s):  
Yanina Kail ◽  
◽  
Victoria Usanova ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Legal System ◽  
Family Law ◽  
Current System ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Cognition ◽  
Analysis And Synthesis ◽  
Joint Property

Introduction: the study of the division of jointly acquired property of spouses and inheritance of property has always been given special attention by the scientists and practitioners. Quite a lot of works are devoted to this area of legal relations. However, it is not so variable and depends on the intricacies of life that there are constantly many issues that require special research and improvement of the legal regulation. The division of jointly acquired property by the spouses at the dissolution of the marriage is regulated by the norms of family law, as well as civil law in the event of the death of one of the former spouses, who do not fully correspond to each other. In this regard, today citizens often face the problems of protecting their property rights. The purpose of the research: to reveal some aspects of the legal regulation and law enforcement practice of protecting the rights of former spouses in the division of jointly acquired property in the event of the death of one of them, and to offer suggestions to help improve the relevant rules. Methods: the methods of scientific cognition are applied together, among which the main ones are the formal-legal, system methods, analysis and synthesis. Results: it is proved that the current system of the legal regulation of division of joint property of the former spouses in the event of the death of one of them requires the improvement of the legal regulation, as laid down in the legislation, the protection of property rights is quite long and expensive, which leads to the futility of efforts. Conclusions: the law enforcement practice of protecting the property rights of former spouses in the division of jointly acquired property should be recognized as generally conforming to the established norms of law. However, the lack of the clear legal regulation of the criteria and conditions for the division of jointly acquired property in the event of opening of an inheritance after the former spouse before the expiration of the threeyear statute of limitations, leads to the situations where 2 spouses will claim the inheritance – the former and the present. This situation leads to costly conflicts that are resolved in court.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals Development of the Bankruptcy Institution in Russia: Features of Procedural and Legal Regulation

2019 ◽  
Vol 62 ◽  
pp. 10001
Author(s):  
G.E. Ageeva ◽  
P.P. Lang
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Theoretical Aspect ◽  
Modern Society ◽  
Comparative Law ◽  
Legal Regulation ◽  
Theoretical Concept ◽  
Main Method ◽  
Analysis And Synthesis ◽  
To Come

The study of the development of bankruptcy institution procedural and legal regulation is very pressing in modern society, since the number of insolvent subjects is increasing every year, which inevitably increases the use of the norms of the institution being studied. However, in law enforcement practice, a number of problems arise due to the lack of a unified theoretical-based approach in constructing the legal regulation of the bankruptcy institution. The purpose of this study is to analyze the features of the procedural and legal regulation of the bankruptcy institution. The objectives of the study are to examine the system of legislation governing the bankruptcy institution, to analyze the law enforcement practice of declaring debtors insolvent, identifying problems of procedural regulation and the formulation of proposals for their elimination. In carrying out the study as the main method of knowledge, the authors relied on the materialist dialectic. In addition, other research methods were used: analysis and synthesis; induction, deduction; comparative law, etc. Abstracting from specific criteria and categorical problems, the study examined general provisions, concepts and categories of the institution of insolvency (bankruptcy), features of its procedural and legal regulation, as well as identified its problems. Due to a comprehensive and consistent analysis in accordance with the purpose and objectives of the study, which are its stages, it was possible to come to some conclusions and formulate certain recommendations. The significance of the study has both a theoretical aspect and an applied one: the formed theoretical concept of the institution of bankruptcy can enrich legal science, and proposals designed to solve existing law-enforcement problems can be used in the implementation of the norms of the institution under study.

USE OF SPECIAL KNOWLEDGE DURING THE PRE-TRIAL INVESTIGATION OF CRIMES THAT ENCROACH ON THE NATIONAL SECURITY OF UKRAINE

2020 ◽  
Vol 10 (4) ◽  
pp. 109-114
Author(s):  
Oleh Batiuk ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Criminal Group ◽  
Legal Regulation ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Special Knowledge ◽  
Psychological Knowledge ◽  
Empirical Material

The author aimed to reveal the content and forms of use of special psychological knowledge during the proceeding of interrogation in the pre-trial investigation of crimes that encroach on the nationalsecurity of Ukraine in the provisions of the scientific article. Namely, for fulfilling the intended goal, the author determines in the provisions of the scientific article that the use of special psychological knowledge at the stage of pre-trial investigation, of course, can be the great benefit for establishing the truth in the case and the lack of their wide and effective application in criminal proceedings is caused, first of all, by imperfection of the theory of use of special psychological knowledge and of legal regulation of the activity of experts and other persons with special psychological knowledge. This is resulted from primarily to vague and ambiguous theoretical definitions of the concept of special psychological knowledge, subjects, methods of use and forms of their realization. Based on the analysis of theoretical and empirical material, scientifically substantiated conceptual and categorical apparatus concerning the concept of special psychological knowledge, which are used in pre-trial investigation, is defined; the conclusions and proposals that are aimed at improving the procedural and applied aspects of practical application by law enforcement agencies are formulated by the author in the scientific article. According to the author, this will not only deepen scientific knowledge, but also will give the opportunity to use the obtained data in investigative practice, help law enforcement agencies quickly and efficiently to disclose, investigate and conduct measures to prevent of the committing crimes against national security of Ukraine. The results of the research can also be applied during the criminal proceedings, in the process of proving and evaluating evidence, during the qualifying the committed crime and establishing of circumstances mitigating of punishment. The author explored the features of the use of special psychological knowledge during the investigation of the crimes that encroach on the national security of Ukraine, which are committed by the organized criminal group.

scholarly journals A Review of a Thesis by Tatyana M. Chelpanova The Foreign Experience of the Legal Regulation of the Status and Operations of Chaplains in the Armed Forces: Constitutional Law Research

2020 ◽  
Vol 11 ◽  
pp. 86-88
Author(s):  
Anatoliy V. Pchelintsev ◽  
Keyword(s):  
Constitutional Law ◽  
Critical Reflection ◽  
Armed Forces ◽  
Legal Regulation ◽  
Present Stage ◽  
Military Chaplains ◽  
Foreign Experience ◽  
The Status

This dissertation article concludes that the study of the experience of legal regulation of military chaplains abroad and the critical reflection of this experience concerning Russian domestic military legislation at the present stage of military developments is of exceptional relevance.

scholarly journals FEATURES OF LEGAL PRECEDING INITIATIONS ON AFFAIRS IMPLEMENTATING EXTREMIST ACTIVITY

2017 ◽  
Vol 21 (6) ◽  
pp. 235-240
Author(s):  
A. M. Zhurbenko ◽  
E. I. Simonenko
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Linguistic Knowledge ◽  
Russian Society ◽  
Present Stage ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
The Social ◽  
Action Analysis ◽  
The Russian Federation

Study of crimes connected with implementation of extremist activity as negative social and legal phenomenon is especially significant now. Firstly it is connected with aggravation of the social conflicts in the Russian society in general, violence tendency and different illegal ways of their solution. At present stage of criminogenic situation development the number of crimes connected with extremist activity, terrorism and also with arousing hatred and hostility on the bases of sex, races, nationalities, the relations to religion, belonging to this or that social group grows in our country. Such crimes are most often committed by speech. This speech becomes proof of criminal cases connected with implementation of extremist activity. Acts provided by Art. 280, 282 2822 of the Criminal Code of the Russian Federation [4] belong to crimes of extremist orientation committed by means of speech. It is necessary to have special linguistic knowledge to ascertain the truth on specified cases. Such crimes are committed by means of speech - oral or written. Conclusions of experts’ researches are important not only for making decision on excitement or on refusal in initiation of legal proceedings, but also for correct qualification of criminal action. Analysis of law-enforcement practice of such crimes investigation shows that there are some problems connected with conducting linguistic examination at a stage of legal proceedings initiation. Inopportuneness of the investigator who sends material for carrying out a research which contains extremism can significantly increase time of legal proceedings initiation.

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