scholarly journals Need to change the design of investigative actions aimed at obtaining information transmitted by means of communication

2021 ◽  
Vol 2021 (1) ◽  
pp. 146-155
Author(s):  
Vladimir Stel'mah
Keyword(s):  
Social Activity ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Information Research ◽  
Analysis And Synthesis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Law ◽  
Almost All ◽  
E Mail

Abstract: Relevance of the research topic. The obvious trend of social activity was the digitalization of almost all aspects of people’s lives, which led to a sharp increase in information transmitted in digital (electronic) form. The Criminal Procedure Law provides for investigative actions aimed at obtaining this information for subsequent use in criminal evidence. However, some changes to the law are not quite systemic, are not supported by theoretical studies, which complicates law enforcement practice, forms the prerequisites for violating the uniformity of application of the law, and infringement of the rights of participants in criminal procedure. Problem setting. The constant improvement of the means of communication objectively leads to an expansion of their scope. In response, the legislator designs investigative actions that allow obtaining information transmitted by means of communication. However, some legislative decisions could not be considered optimal. Thus, having fixed in Art. 185 of the Code of Criminal Procedure of the Russian Federation the possibility of obtaining information transmitted by e-mail, the legislator did not take into account that this norm applies only to postal operators. In addition, since 2018, telecommunication operators have been required to record and store the content of all communication sessions served by them. However, these provisions are not taken into account in the criminal procedure law, which establishes another procedure for obtaining information. Research objectives and methods. The purpose of the study is to develop proposals for improving the normative design of investigative actions aimed at obtaining information transmitted by means of communication. The tasks of the study are to analyze the provisions of the Criminal Procedure Law and the legislation on communication, to identify conflicts between them. The methodological basis of the study was the dialectical-materialistic method, as well as the general scientific methods of scientific knowledge: analysis and synthesis, induction and deduction, formal-logical, systemic. Results and key findings. To eliminate the resulting collision, it is necessary to design a universal investigative action that allows you to obtain information transmitted by telecommunication means, both the content of negotiations and the billing parameters of the connection.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

scholarly journals CUSTOMS AFFAIRS IN THE CONDITIONS OF COVID-19

2020 ◽  
Vol 133 (5) ◽  
pp. 42-57
Author(s):  
Taras KARAVAYEV ◽  
Nina KALUGA
Keyword(s):  
The State ◽  
Complete Analysis ◽  
International Treaties ◽  
Scientific Methods ◽  
The World ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Legislative Changes ◽  
Almost All ◽  
The Impact

Background. The COVID-19 pandemic declared by the WHO in March 2020 have significantly affected almost all sectors of economy and life spheres, including the imple­mentation of customs affairs. Introduced changes in the trade and customs policy of count­ries of the world, legislative changes and quarantine measures have affected the activity of the customs authorities of Ukraine, which requires a separate study. Analysis of recent researches and publications has shown that the published up to date papers aren’t systematic and can’t claim to be a complete analysis of the problems and challenges related with the impact of the COVID-19 pandemic on customs affairs at the WCO level and in Ukraine. The aim of the paper is to analyze the WCO measures and the implementation of cus­toms affairs by the customs of the State Customs Service of Ukraine in the conditions of the COVID-19 pandemic. Materials and methods. General scientific methods such as the systematic approach, theo­retical generalization and comparison, analysis and synthesis have been used in the research. Results of the research. Globally, the WCO and partner organizations have develop­ped measures to achieve the balance between combating the spread of COVID-19 and ensuring continuity of supply chains. The quarantine measures introduced in the world and in Ukraine have affected the activities of the customs authorities of the State Customs Service. At the first stage, 94 checkpoints across the state border and points of control were temporarily closed, 38 of which remain closed till now. The total number of vehicles passed through the customs border of Ukraine in January-September 2020 compared with 2019 decreased by more than 2 times to 6.7 million units. The largest reductions were fixed for road, air and river transport. The total volume of customs declarations of the MD-2 form decreased by 5.7%. However, the number of other customs documents, according to which goods are sent in international postal and express shipments, has significantly increased. Conclusion. In the conditions of the COVID-19 pandemic, the WCO focused their attention of customs administrations on taking the necessary measures to protect customs personnel who in direct contact with citizens and carriers when crossing borders. The mea­sures introduced in Ukraine in connection with the spread of COVID-19 have affected the activity of the customs authorities of the State Customs Service. However, the customs officials carried out customs formalities promptly and according to the current legislation and international treaties of Ukraine.

scholarly journals Pre-trial agreement on cooperation in a criminal case: on some common problems and the role of the prosecutor in their solution

2021 ◽  
Vol 27 (3) ◽  
pp. 244-248
Author(s):  
Fedor Mikhailovich Kobzarev
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Change Implementation ◽  
Criminal Case ◽  
Criminal Cases ◽  
Scientific Methods ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation

The article deals in a generalised form with the problems associated with the conclusion, change, implementation and termination of the agreement on cooperation in criminal cases. Based on the results of the analysis of these problems and publications on these issues, various options for their solution are proposed. At the same time, the main attention is paid to the role and importance in the implementation of the norms of this institution of the prosecutor, the insufficiency of its powers to improve the effectiveness of the application of the pre-trial agreement. The author sets the task to form a set of proposals to improve the legal regulation of the procedure for the prosecutor's actions, its participation in proving compliance with the conditions and fulfillment of obligations by the suspect, accused under the pre-trial agreement, in proving the guilt of accomplices in a crime committed by a person in respect of whom the criminal case is allocated in a separate proceeding in connection with the conclusion of a pre-trial agreement. The study used general scientific methods (analysis, deduction) and private scientific methods (formal-logical, comparative law, etc.). As conclusions, it is proposed to make a number of additions to the criminal procedure law, including Part 2 of Article 74 of the Code of Criminal Procedure of the Russian Federation and introduce a new norm – Article 79.1 of the Code of Criminal Procedure of the Russian Federation, as well as to take certain organisational measures.

scholarly journals The ratio of pre-investigation verification and deprivation of immunity from criminal prosecution

2021 ◽  
Vol 2021 (3) ◽  
pp. 131-141
Author(s):  
Vladimir Stel'mah
Keyword(s):  
Competent Authority ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Public Authorities ◽  
Scientific Methods ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
The Law ◽  
The Moment

Relevance of the research topic. The Constitution of the Russian Federation establishes the equality of all subjects before the law and the court. However, the law establishes categories of citizens with immunity (immunity from criminal prosecution). Immunity was not a personal privilege and could be waived by the decision of a competent public authority. The moment of deprivation of immunity falls at the stage of initiation of criminal proceedings. The problem arises of the ratio of procedures for deprivation of immunity and pre-investigation verification, since the relevant actions are not simply regulated by different laws, but have a different legal nature. Setting of a problem. In criminal proceedings the procedure for depriving a person of immunity must be followed in order to bring to justice a person who has immunity from criminal prosecution. In the science of criminal procedure no distinction was made between pre-investigation verification and deprivation of integrity in full. It is not clear whether the state authorities that decided on the deprivation of immunity were involved in criminal proceedings, what issues should be clarified within the framework of the deprivation of immunity and the extent of the rights of the person in respect of whom the question was raised. Research objectives and methods. The purpose of the study is to determine the ratio of procedures for deprivation of immunity from criminal prosecution and pre-investigation verification. The objectives of the study are to investigate the legal nature of the deprivation of immunity from criminal prosecution; distinguish between this procedure and pre-investigation verification; review the criminal procedure situation of the authorities involved in the deprivation of immunity; summarize the rights of the person in respect of whom the issue of deprivation of liberty is being addressed. The methodological basis of the study was the dialectical-materialistic method, as well as the general scientific methods of scientific knowledge: analysis and synthesis, induction and deduction, formal-logical, systemic. Results and key conclisions. Deprivation of immunity is a complex intersectoral procedure, which has a constitutional, criminal procedure and administrative-legal nature at the same time. The question of deprivation of immunity is resolved by the competent public authorities (often the highest public authorities), which are not ordinary participants in criminal proceedings, but resolve certain criminal procedural issues. The person in respect of whom the question of deprivation of immunity is decided should be granted rights similar to those granted to protect against criminal prosecution: to bring his position to the competent authority; qualified legal aid; to appeal against the decision. In the course of deprivation of immunity, the principle of presumption of innocence, which has a specific refraction, applies. The terms of the deprivation of immunity procedure exist separately from the terms of the pre-investigation check. In the future the ratio of initiation of criminal proceedings and deprivation of integrity should be changed. A decision must first be taken to initiate a case and then a procedure must be followed to remove immunity from criminal prosecution.

Modernizing the lending facility under concession agreements

2020 ◽  
Vol 26 (7) ◽  
pp. 1590-1609
Author(s):  
V.A. Rakhaev
Keyword(s):  
Financial Structure ◽  
Bank Lending ◽  
Early Termination ◽  
Scientific Methods ◽  
Financial Condition ◽  
Revenue Collection ◽  
Analysis And Synthesis ◽  
Financing Mechanism ◽  
General Scientific ◽  
The Russian Federation

Subject. The article addresses modernization of lending facilities under concession agreements. It is important for evaluating the terms of credit transactions, effectiveness of credit projects, and the concessionaire's ability to repay the loan. Objectives. The purpose is to review the current financing mechanism and underpin approaches to improving the credit facilities within concession agreements. Methods. The study rests on general scientific methods, like the systems and logical analysis and synthesis, principles of induction and deduction, financial calculation techniques. The analytical part employs the balance method, methods of financial coefficients and the method of technical and economic estimates. Results. I analyzed the financial structure and special characteristics of concession agreements, parameters of concessionaires’ activities; considered the types of risks inherent in bank lending under concession agreements, methods for their identification and mitigation; offered a mechanism of lending, including the structure of credit transactions, restrictions for the financial condition of concessionaires, additional requirements and penalties for their non-fulfillment. The findings can help banks define lending parameters for concession agreements. The provided recommendations may be useful for consideration by the authorities of the constituent entities of the Russian Federation. Conclusions. It is possible to reduce the risks of lending under concession contracts, if their terms and conditions are stable, and if the lost income of concessionaires is compensated in the event of early termination. Reasonable tariffs for works and services and increased revenue collection will promote this type of lending.

Strategic threats to energy security as risks of quality of people's life

2020 ◽  
Vol 16 (4) ◽  
pp. 730-744
Author(s):  
V.I. Loktionov
Keyword(s):  
Quality Of Life ◽  
Energy Security ◽  
Well Being ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Economic Well Being ◽  
The Way

Subject. The article reviews the way strategic threats to energy security influence the quality of people's life. Objectives. The study unfolds the theory of analyzing strategic threats to energy security by covering the matter of quality of people's life. Methods. To analyze the way strategic threats to energy security spread across cross-sectoral commodity and production chains and influences quality of people's living, I applied the factor analysis and general scientific methods of analysis and synthesis. Results. I suggest interpreting strategic threats to energy security as risks of people's quality of life due to a reduction in the volume of energy supply. I identified mechanisms reflecting how the fuel and energy complex and its development influence the quality of people's life. The article sets out the method to assess such quality-of-life risks arising from strategic threats to energy security. Conclusions and Relevance. In the current geopolitical situation, strategic threats to energy security cause long-standing adverse consequences for the quality of people's life. If strategic threats to energy security are further construed as risk of quality of people's life, this will facilitate the preparation and performance of a more effective governmental policy on energy, which will subsequently raise the economic well-being of people.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  
Keyword(s):  
Economic Activity ◽  
Criminal Policy ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Analysis And Synthesis ◽  
Legitimate Interests ◽  
General Scientific

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

scholarly journals USE OF SPECIAL KNOWLEDGE DURING THE EXAMINATION OF THE SCENE OF A CRIME IN THE ORDER OF PART 3 ART. 214 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE

2021 ◽  
Vol 74 (1) ◽  
pp. 153-160
Author(s):  
Andrіy Shulha ◽  
◽  
Tetyana Khailova ◽  
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Knowledge And Skills ◽  
Procedural Law ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
Special Knowledge ◽  
The Law

The article deals with the problem of specialist’s participation in the scene examination, which is carried out before entering information into the Unified Register of the pre-trial investigations. The essence of the problem is that the current criminal procedural law of Ukraine recognizes the specialist’s participation only in the pre-trial investigation, the litigation and the proceedings in the case of the commission of an unlawful act under the law of Ukraine on criminal liability. Part 1 of Article 71 of the Criminal Procedure Code of Ukraine states that a specialist in criminal proceedings is a person who has special knowledge and skills and can provide advice and conclusions during the pre-trial investigation and trial on issues that require appropriate special knowledge and skills. In other cases, the specialist has no procedural status. In addition, Part 1 of Article 237 of the CPC of Ukraine «Examination» states that the examination is conducted to identify and record information on the circumstances of the offense commitment. It is an act provided by the law of Ukraine on criminal liability. However, there are the cases in the investigation, when a report is received, for example, about a person's death, other events with formal signs of the offense, which must first be checked for signs of a crime, and only then the act can be considered as offense. In this case, a specialist takes part in the scene examination. However, the current criminal procedure law in accordance with Part 1, Article 71 of the Criminal Procedure Code of Ukraine determines the legal status of a specialist only as the participant in criminal proceedings. The paragraph 10, part 1 of Article 3 of the Criminal Procedure Code of Ukraine defines the criminal proceedings as pre-trial investigation and court proceedings or procedural actions in the case of the commission of an unlawful act. Therefore, when the inspection of the scene is based on the uncertain status of the event (there is no clear information that the event contains signs of an offense), the specialist’s participation is not regulated by law. The authors propose to consider the specialists as «experienced persons» in cases mentioned above and to include their advices to the protocol of the scene examination, as the advices of other scene examination participants.

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