scholarly journals On the new standard of court authorization of investigative actions that restrict the constitutional rights of citizens

2021 ◽  
Vol 2021 (4) ◽  
pp. 48-54
Author(s):  
Sergey Grachev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Court Decision ◽  
Constitutional Rights ◽  
The Russian Federation ◽  
The Law ◽  
Constitutional Right ◽  
Action Taking

The article analyzes the essence and content of the petition of the investigating authorities to the court for permission to conduct an investigative action and the court decision adopted on its basis. It is concluded that the specified procedural documents do not specify the specific constitutional rights of a citizen, which may be restricted during the investigative action. Taking into account this circumstance, the inconsistency of the requirements of the Code of Criminal Procedure of the Russian Federation and the law enforcement practice developed on its basis with the requirements of the Constitution of the Russian Federation, according to which the restriction of any constitutional right should be carried out on the basis of a court decision or with subsequent notification of the court about the investigative action. It is proposed to adhere to the procedure of judicial authorization in all cases of restriction of the constitutional rights of citizens.

scholarly journals Some Aspects of Prevention and Investigation of Damage to the Railway Telecommunications Facilities

2018 ◽  
Vol 12 (3) ◽  
pp. 358-365
Author(s):  
Igor Ozerov ◽  
Olga Katayeva ◽  
Denis Rudov ◽  
Elena Cherkasova ◽  
Anastasia Volchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Expert Knowledge ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Customs Union ◽  
Telecommunications Infrastructure ◽  
The Russian Federation ◽  
The Law

The authors study the issues of preventing the damage to the railway telecommunications infrastructure by analyzing the current criminal procedure legislation, criminal legislation and criminalistics views on the methods and means of counteracting crimes under Art. 215.2 of the Criminal Code of the Russian Federation. They present the algorithm of actions of the law enforcement employees and the specialists servicing the railway facilities when such offences take place. The authors analyze the procedural investigative activities regarding the employees of the organizations that service the railway infrastructure. The investigation of crimes under Art. 215.2 of the Criminal Code of the Russian Federation requires expert knowledge in the sphere of servicing railway transport. The authors specifically examine some evidence acquired during the preliminary investigation and the methodology of some investigative actions (interrogation of witnesses, representatives of the aggrieved party, inspection of the crime scene). They analyze the procedure of evaluating the damage inflicted on sophisticated telecommunication facilities. They also single out a number of special characteristics of the investigative methodology for crimes under Art. 215.2 of the Criminal Code of the Russian Federation when specialists in servicing complex telecommunications facilities are called to give testimony. It is noted that countries bordering on the Russian Federation and members of the Customs Union are gradually harmonizing their criminal and criminal procedure legislation with the legislation of the Russian Federation. The paper states that today the Russian Federation has sufficient legislative base to form a system of preventing crimes against railway telecommunications infrastructure. In conclusion the authors present a number of measures to counteract crimes under Art. 215.2 of the Criminal Code of the Russian Federation, offer their brief description and the recommendations for using them. They stress the necessity of cooperation between the owners of the railway facilities, the law enforcement bodies and the mass media.

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF DETENTION OF PERSONS PERFORMING CERTAIN TYPES OF PUBLIC LEGAL ACTIVITY

2020 ◽  
pp. 41-48
Author(s):  
Владимир Юрьевич Стельмах
Keyword(s):  
Russian Federation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
The State ◽  
Court Decision ◽  
Criminal Prosecution ◽  
Court Decisions ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
The Law

В статье рассматриваются вопросы нормативного регулирования избрания меры пресечения в виде заключения под стражу в отношении лиц, выполняющих определенные виды публично-правовой деятельности и в силу этого наделенных законодательством иммунитетом от уголовного преследования; порядок рассмотрения компетентными государственными органами ходатайств органов предварительного расследования и прокуратуры о лишении лица иммунитета от уголовного преследования; анализируются положения уголовно-процессуального закона и иных нормативных актов, регламентирующих правовой статус лиц, обладающих данным иммунитетом. Особое внимание уделяется порядку избрания меры пресечения в виде заключения под стражу в отношении членов Совета Федерации, депутатов Государственной Думы и судей. Предлагаются корректировки уголовно-процессуального закона и закрепление положений об обязательности получения согласия компетентного государственного органа на избрание, а не на исполнение меры пресечения в виде заключения под стражу. The article deals with the problems of regulatory regulation of detention of persons performing certain types of public legal activities, for which immunity from criminal prosecution is established. The special features of the detention of these persons are provided for by the Criminal Procedure Act, as well as other normative acts. At present, the law establishes that a court decision on detention against members of the Federation Council, deputies of the State Duma and judges is executed with the consent of the Chamber of the Federal Assembly of the Russian Federation or the qualification board of judges. Taking into account the principle of the independence of the court and the obligation of court decisions, it is proposed to amend the law and to provide for the consent of these bodies to choose this preventive measure, rather than to implement the court decision.

scholarly journals The Coordination of the Law Enforcement Activities in the Fight Against Crime Safeguarding the National Security of the Russian Federation

Legal Concept ◽  
2021 ◽  
pp. 6-11
Author(s):  
Agnessa Inshakova
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Main Topic ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Legal Concept ◽  
The Russian Federation ◽  
The Law

The introductory paper by the editor-in-chief of the next issue of “Legal Concept = The Legal paradigm” is a brief justification of the relevance of the stated topic – “The modern methodology for the coordination of criminal procedure activities of the law enforcement agencies”, and also accumulates the quintessence of the knowledge presented in the scientific papers of the heading “The main topic of the issue” and the research results of the coordination of the law enforcement agencies in the fight against crime. The editorial board of the journal believes that the coordination activity being studied from the standpoint of criminal procedure science is of particular interest in the context of eliminating threats to the national security of the Russian Federation by legal methods and means. The author substantiates the urgency of the problem of ensuring and improving the interaction of the law enforcement agencies in the fight against crime, primarily, the complex criminal situation in the country. It is noted that the participation of various law enforcement agencies in the fight against crime determines the need for the systematic coordination of their efforts. The coordination of the law enforcement activities to combat crime in connection with this fact is one of the central functions of the prosecutor’s office and at the same time a mechanism to ensure the guarantee of such coordination, a tool to increase the efficiency of countering crime. The paper analyzes the scientific and practical significance of the papers that make up the heading “The main topic of the issue” and are characterized by both the theoretical and applied value. The general orientation of the papers and their distinctive features as original, creative research developments distinguished by the scientific novelty is described briefly. The multi-aspect nature of the stated topic is justified through the variety of questions formulated by the authors of the main topic. The author hopes that the collected thematic papers will be especially useful while improving the law enforcement practice in the fight against crime.

Law enforcement practice of judicial authorities on tax disputes

2021 ◽  
pp. 550-563
Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Russian Federation ◽  
The State ◽  
Effect Relationship ◽  
General Scientific ◽  
The Russian Federation ◽  
The Law ◽  
Qualitative Characteristics ◽  
State Body

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.

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 TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

Sign in / Sign up

Export Citation Format

Share Document