scholarly journals Some aspects of the forensic assessment of the reliability of the testimony of minor victims

2021 ◽  
pp. 69-71
Author(s):  
Ruslan Zaynullin
Keyword(s):  
Legal Regulation ◽  
Forensic Assessment ◽  
Empirical Methods ◽  
Problem Statement ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
High Level ◽  
A Minor

Problem statement: in the course of analyzing the legal regulation and practice of the participation of minor victims in verbal investigative actions, the author in this article identifies the problem of assessing the reliability of the testimony of minor victims. Objective: to develop general forensic recommendations for criminalistically ensuring the participation of a minor victim in verbal investigative actions, designed to ensure a high level of reliability of their testimony. Methods: empirical methods of comparison, description, theoretical methods of formal and dialectical logic. Results/brief conclusions: gaps in the legal regulation of the participation of a minor victim in verbal investigative actions are identified, and forensic recommendations are formulated to ensure that reliable testimony of minor victims is obtained.

Judicial Conciliation in the Protection of Consumer Rights during the Reform of the Procedural Legislation of the Russian Federation

2021 ◽  
Vol 4 ◽  
pp. 34-41
Author(s):  
A.N. Levushkin ◽  
◽  
V. V. Vorobyov ◽  
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Empirical Methods ◽  
Problem Statement ◽  
Judicial Process ◽  
Dialectical Logic ◽  
Research Activities ◽  
Consumer Rights ◽  
The Russian Federation

Problem statement. The introduction of judicial conciliation procedures in the arbitration, civil and administrative process in order to protect the rights of consumers of services can serve as a positive impetus to the development of civilized out-of-court dispute resolution. However, the corresponding norms of APC RF, CPC RF, the CAJ RF and the Regulation of judicial reconciliation includes a number of provisions that are subject to critical analysis. Special attention should be paid to the rules that establish requirements for candidates for judicial conciliators, in terms of the need for retired judges to conduct research activities, which can hardly be considered justified. Purpose and objectives of the study. To identify the essential features of the application of judicial reconciliation in the protection of the rights of consumers of services during the reform of the procedural legislation of the Russian Federation. Objectives of the study: to perform judicial reconciliation in the protection of the rights of consumers of services to identify deficiencies of legal regulation in the field of judicial reconciliation under the protection of the rights of consumers, to formulate separate proposals for reform of the law. Method of research. We used empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and historical-legal and comparative-legal methods. Results, brief conclusions. It is determined that the current Russian legislation in relation to the judicial process now provides for three types of conciliation procedures used to protect the rights of consumers of services: negotiations, mediation and judicial reconciliation. Mediation and judicial reconciliation, although separated by law, are not fundamentally different in nature. Although there are different requirements for mediators in these types of reconciliation, the appropriateness of such a separation is not sufficiently convincing. It is established that the requirements imposed on conciliators in combination with the powers vested in them can negatively affect the results of reconciliation to protect the rights of consumers of services. In this regard, it is proposed to amend the relevant procedural codes and the Rules of judicial reconciliation, which would eliminate the identified contradictions and shortcomings.

scholarly journals Criminalistic protection of the rights of minor victims and witnesses. Problem statement

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 194-204
Author(s):  
Руслан Ильдарович ЗАЙНУЛЛИН
Keyword(s):  
Cognitive Tools ◽  
Empirical Comparison ◽  
Criminal Proceedings ◽  
Problem Statement ◽  
Theoretical Justification ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
Legitimate Interests ◽  
A Minor

The paper points out the role of criminalistics in providing criminal proceedings with cognitive tools that allow solving one of the key tasks of justice – protecting the rights and legitimate interests of persons and organizations who have been victims of crimes, and above all, minors who have become victims of crimes and the possibility of conducting investigations taking into account the mental and physical characteristics of participants in criminal proceedings. The purpose of the paper is to identify and substantiate the topicality of the problem of criminalistic support for the participation of a minor victim in criminal proceedings. The following methods are used: empirical comparison and description methods, theoretical methods of formal and dialectical logic. Results: a number of problems are identified regarding the participation of minor victims in criminal proceedings. In that connection, a theoretical justification is provided for the need for further research of the problem and for the establishment of a special criminalistic doctrine on that basis.

scholarly journals MIGRATION POLICY: LEGISLATIVE EMBODIMENT AND LEGAL IMPLEMENTATION IN RUSSIA

2020 ◽  
Vol 16 (3) ◽  
pp. 73-82
Author(s):  
Александр Малый
Keyword(s):  
Law Enforcement ◽  
Traditional Approach ◽  
Migration Policy ◽  
The State ◽  
Empirical Methods ◽  
Law Enforcement Agencies ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Legal Norms

The relevance of the article is due to the importance of migration policy for the state. The article discusses the issues of liberalization of migration legislation in Russia. The problem of the implementation of legal norms by the law-enforcer is reviewed, the conclusion is drawn that law enforcement agencies and courts are guided by the established practice of a rigid approach to assessing the activituies of subjects of migration relations. Purpose: to focus on the need to liberalize not only migration legislation, but also law enforcement practice, taking into account the changing migration policy in the activities of power bodies. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic are used. Specific scientific methods are used: historical, legal-dogmatic, method of interpreting legal norms. Results: the study makes it possible to formulate a number of conclusions regarding the identified direction of migration policy, its reflection in legislation. The preservation of the traditional approach in the activities of law enforcement agencies concerning participants in migration relations is noted. It retains its repressive orientation and is not fully consistent with the proclaimed political course towards the liberalization of migration relations.

scholarly journals STRATEGY OF ADAPTIVE DIGITALIZATION OF CRIMINAL PROCEEDINGS

2020 ◽  
Vol 16 (4-2) ◽  
pp. 213-222
Author(s):  
Гузель Ситдикова
Keyword(s):  
Preliminary Investigation ◽  
Logic Synthesis ◽  
Legal Regulation ◽  
Digital Environment ◽  
Empirical Methods ◽  
Criminal Proceedings ◽  
Dialectical Logic ◽  
Digital Space ◽  
Current State ◽  
Judicial Proceedings

People in different generations find information that is important to them in the digital environment. Millennials and buzzers have grown up in the digital space and have learned to gain knowledge there. Digitalization has become a part of being, and it defines consciousness. Many professions are changing the vector of competencies before the era of global digitalization comes. This trend has spread to the field of criminal proceedings. The study of the problems of digitalization of criminal procedural relations makes it possible to identify trends in the use of technological advantages and propose a step-by-step Strategy for adaptive digitalization of criminal proceedings. Purpose: to analyze the current state and transformation of criminal procedural relations in the digital environment, proposing a Strategy for adaptive digitalization of criminal proceedings in the space of augmented reality. Methods: the author uses empirical methods of comparison, description, modeling, theoretical methods of formal and dialectical logic, synthesis: scientific concepts forming, the formulation of laws. Results: the study makes it possible to identify certain aspects of criminal procedural relations; their legal regulation with accessible adaptation to digitalization will increase the efficiency of preliminary investigation bodies activities and the effectiveness of judicial proceedings.

scholarly journals SOME ASPECTS OF HOLDING A CONFRONTATION INVOLVING A MINOR VICTIM OF CRIME

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 94-99
Author(s):  
Руслан Ильдарович ЗАЙНУЛЛИН
Keyword(s):  
Dialectical Logic ◽  
Theoretical Methods ◽  
Tactical Decision ◽  
A Minor

As a result of the analysis of some aspects of the participation of minor victims in the verbal investigative action of confrontation, the author identifies organizational and tactical problems that are subject to scientific resolution. Purpose: to develop criminalistic recommendations for organizational and tactical support for the participation of a minor victim in a confrontation. Methods: the author uses descriptions and theoretical methods of formal and dialectical logic. Results: the problems of making a tactical decision on confrontation involving a minor victim, organizational and tactical problems in preparing for confrontation proceedings are identified and recommendations are proposed to solve them. 

scholarly journals PSYCHOLOGY OF INTEREST IN SOCIAL AND LEGAL RELATIONS

2020 ◽  
Vol 16 (3) ◽  
pp. 15-22
Author(s):  
Аслям Халиков
Keyword(s):  
International Relations ◽  
Human Life ◽  
Empirical Methods ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
The Third ◽  
Psychological Feature ◽  
Personal Motivation ◽  
State And Society ◽  
Emotional Component

The psychology of the category of interest has a multifaceted character, which is the semantic line of human life. At the same time, interest begins with individual’s psychology, then there is a transition to interests in social and legal relations, and then the interest again turns into personal motivation, but already in a social environment. The main psychological feature of interest is its emotional component, without which the interest loses its subjective meaning. It is reflected in legal relations between the state and society. Purpose: to consider the concept and characteristics of interest in social and legal relations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Results: the author comes to the conclusion that the construction of a person's interest at the present time does not come from two components - individual and social, but from three, which will certainly include the third component as interests at the level of international relations.

scholarly journals Grounds for Criminalistic Classification of Crimes against Human Life and Health Committed by Convicts Serving Imprisonment Sentences in Places of Deprivation of Liberty

2021 ◽  
pp. 886-895
Author(s):  
Nikolai Shurukhnov ◽  
Oleg Dechkin
Keyword(s):  
Human Life ◽  
Correctional Institutions ◽  
Empirical Methods ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Intentional Injuries ◽  
Before And After ◽  
General Scientific

Introduction: the article considers grounds for criminalistic classification of crimes causing intentional injuries committed by convicts serving sentences in places of deprivation of liberty. Purpose: based on the analysis and generalization of theoretical and practical materials, an attempt is made to formulate the most characteristic grounds for the criminalistic classification of the analyzed criminal acts and reveal their contents. Methods: the dialectical method of cognition, general scientific methods of analysis and generalization, empirical methods of description, interpretation; theoretical methods of formal and dialectical logic are used in the research. Results: the article reveals in detail the content of general (territory, situation, community of correctional institutions; prevalence of informal norms of behavior in places of deprivation of liberty, which most convicts adhere to) and private grounds (specifics of personality traits of a criminal, victim and witnesses; specifics of behavior before and after crime commission) for classification of crimes that make up the group for which the investigation method will be worked out. Conclusions: based on the available research, which highlights the universal basis – the criminal legal object, it is concluded that there are two groups of grounds (general and special) for classification of crimes causing intentional harm to life and health committed by convicts serving imprisonment sentences.

scholarly journals Legal Regulation of the Minimum Marriage Age: The Past and the Present

2020 ◽  
Vol 15 (8) ◽  
pp. 84-95
Author(s):  
E. E. Lekanova
Keyword(s):  
Detailed Comparison ◽  
Legal Regulation ◽  
Marriage And Family ◽  
Marriage Age ◽  
Unsuccessful Attempt ◽  
Domestic Legislation ◽  
Minimum Age ◽  
The Russian Empire ◽  
A Minor ◽  
Age Of Marriage

The legal regulation of the features of marriage in a minor age has a millennium history. The analysis of legal regulation of the marriage age in Russia, the Russian Empire and the RSFSR shows that the models of the legal regulation of the minimum marriage age are divided into simplified and differentiated ones (gender differentiated, nationally differentiated and socially differentiated models). The author concludes that in domestic legislation the minimum age of marriage always depended on various circumstances. Until 1926, there was a gender-differentiated model of the legal regulation of the minimum age of marriage. A nation-differentiated model existed in the prerevolutionary and Soviet era in relation to the inhabitants of Transcaucasia. Since 1926, in the territory of the RSFSR, a socio-differentiated model of the legal regulation of the minimum age of marriage was consolidated in law. According to this model the minimum age of marriage was reduced due to special social circumstances. Family laws of the Russian Federation made an unsuccessful attempt to implement the nation-differentiated model of the legal regulation of the minimum age of marriage. The modern Russian model of legal regulation of the minimum age of marriage is socio-differentiated. The paper also carries out a detailed comparison of the three socio-differentiated models of the legal regulation of the minimum age of marriage (the model under the Soviet Code of Marriage, Family and Custody of the RSFSR (1926—1968), the model under the Code of Marriage and Family of the RSFSR (1969—1995), the contemporary model); analyzes the differences and shortcomings of these models; suggests ways to eliminate them.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

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