scholarly journals Lecture: “Investigative Committee of Russia: general characteristics activities”

2020 ◽  
pp. 113-150
Author(s):  
А.И. Бастрыкин
Keyword(s):  
Public Relations ◽  
21St Century ◽  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Independent Investigation ◽  
Peter The Great ◽  
The Russian Federation ◽  
The Individual ◽  
First Time

В данной лекции содержится теоретико-практическая характеристика организации и деятельности Следственного комитета Российской Федерации в различных сферах правового регулирования общественных отношений. Автор считает весьма позитивным разделение функций прокурорского надзора и производства следствия, что позволило достигнуть необходимого баланса полномочий. Это состояние весьма эффективно отразилось на системе защиты прав и интересов личности на стадии досудебного производства. В целом такая глобальная реорганизация следственных органов проведена впервые. Исторически идея создания «независимого следствия» возникла еще во времена императора Петра Великого, когда была сформулирована концепция вневедомственного предварительного следствия, а реализована она была только в XXI веке. This lecture contains a theoretical and practical description of the organization and activities of the Investigative Committee of the Russian Federation in various spheres of legal regulation of public relations. The author considers the separation of the functions of prosecutor's supervision and investigation proceedings to be very positive, which made it possible to achieve the neces- sary balance of powers. This condition was very effectively reflected in the system of protecting the rights and interests of the individual at the stage of pre-trial proceedings. In general, this is the first time such a global reorganization of the investigative bodies has been carried out. Historically, the idea of creating an "independent investigation" arose back in the days of Emperor Peter the Great, when the concept of a nondepartmental preliminary investigation was formulated, and it was realized only in the 21st century.

scholarly journals Digital Currencies: Problems of Legal Regulation

2020 ◽  
Vol 15 (11) ◽  
pp. 103-113
Author(s):  
A. A. Sitnik
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Comprehensive System ◽  
Financial Assets ◽  
Federal Law ◽  
Financial Instrument ◽  
Digital Currency ◽  
The Russian Federation ◽  
First Time

The paper analyzes the provisions of the Federal Law of July 31, 2020, № 259-FZ “On Digital Financial Assets, Digital Currency and Amendments to Certain Legislative Acts of the Russian Federation” concerning the legal regulation of circulation of digital currencies. The author elucidates legal definitions of such concepts as “digital currency”, “organization of digital currency issuance”, “digital currency issuance”, “organization of circulation of digital currency” and focuses on their shortcomings. The paper also highlights the features of digital currencies, describes types of transactions with this financial instrument, outlines the circle of subjects of relations arising in the process of circulation of digital currencies. In general, it must be recognized that Law No. 259-FZ failed toresult in the creation of a comprehensive system of legal regulation of circulation of digital currencies, its provisions are piecemeal and sometimes controversial in nature. At the same time, the legal act under consideration is of fundamental importance because, for the first time at the legislative level, it has enshrined the rules governing public relations that are being formed in the process of circulation of digital currencies.

scholarly journals Problems of legal regulation of the seizure of electronic information carriers and copying information from them in the course of investigative actions

2020 ◽  
pp. 169-174
Author(s):  
Alexander Shigurov ◽  
Nikolay Podol’nyy
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Electronic Information ◽  
Storage Media ◽  
Mandatory Participation ◽  
Electronic Storage ◽  
The Russian Federation

The authors raise a number of urgent problems arising from the seizure of electronic information carriers and copying information from them in the course of investigative actions. The article proposes to expand the circle of bodies to which telecom operators are obliged to provide the electronic information stored by them with their subscribers by including all preliminary investigation bodies in them; introduce an independent investigative action into the Code of criminal procedure of the Russian Federation, during which the investigator will, by decision of the court, recover data stored by communication operators. The authors substantiate the need for dissemination provided for in art. 164, 1641 of the Code of criminal procedure of the Russian Federation guarantees of the rights of owners of electronic storage media for all categories of crimes. The article criticizes the provisions of part 2 of art. 1641 of the Code of criminal procedure on the mandatory participation of a specialist in the seizure of electronic storage media.

PROBLEMS OF LEGAL REGULATION OF CRIMINAL RESPONSIBILITY FOR TRANSPORT SECURITY REQUIREMENTS VIOLATION

2018 ◽  
pp. 58-68
Author(s):  
L.Y. Larina
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Individual Characteristics ◽  
Security Requirements ◽  
The Russian Federation ◽  
The Government ◽  
Legislative Structure ◽  
The Individual

The study of the problems of legislative regulation of criminal responsibility for transport security requirements violation is due to the necessity to ensure it as part of national security. The purpose of the study is to identify the shortcomings of the legislative structure of article 263.1 of the Criminal Code of the Russian Federation, preventing its effective application in practice, and suggest ways to overcome them. In the research on the basis of comparison of the content of article 263.1 of the Criminal Code of the Russian Federation with the norms of the Federal Law “On transport security” and Decrees of the government of the Russian Federation analyzed some blank signs of transport security requirements violation. In the study we identify deficiencies of the legislative construction of article 263.1 of the Criminal Code of the Russian Federation, the necessity of its correction, and formulate proposals for changing the individual characteristics and the sanctions of article 263.1 of the Criminal Code of the Russian Federation. In particular we discuss the proposal to change the sanctions of part 1 of article 263.1 of the Criminal Code of the Russian Federation in connection with the inconsistency with the sanction of part 1 of article 118 of the Criminal Code of the Russian Federation. In addition, it is proposed to expand the range of subjects of crime under part 2 of article 263.1 of the Criminal Code of the Russian Federation.

scholarly journals Financially-legal regulation of basic public debt management in the conditions of coronavirus pandemic

2021 ◽  
pp. 71-81
Author(s):  
A. B. Byla
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Debt Management ◽  
Foreign Markets ◽  
Financial Activity ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

This article is devoted to the consideration of some issues related to the legal regulation of the main methods of public debt management in Russia in the context of the coronavirus pandemic. In the course of the study, the features of the external and internal debt of the Russian Federation are highlighted, various approaches to the definition of this category are considered, and some aspects of legal regulation in this area are analyzed. It is determined that the norms of financial law regulate a whole and diverse set of public relations related to the implementation of borrowing both in the domestic and foreign markets, and it is necessary to comprehensively regulate this institution. In conclusion, it is concluded that the coronavirus pandemic has greatly affected all aspects of financial activity, the state had to resort to additional borrowing on the domestic market to eliminate the consequences of the pandemic. Based on this, we need a well-thought-out strategy for the development of legislation in this area at all levels of the budget system of the Russian Federation. 

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

scholarly journals Operators of foreign payment systems and foreign providers of payment services as subjects of national payment system

2020 ◽  
pp. 14-24
Author(s):  
Aleksandr Aleksandrovich Sitnik
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Financial Services ◽  
Legal Regulation ◽  
Payment System ◽  
Electronic Payment ◽  
Payment Systems ◽  
Financial Transfers ◽  
The Russian Federation ◽  
Payment Services

This article is dedicated to study of peculiarities of legal regulation of the work of operators of foreign payment systems and foreign providers of payment services within the framework of national payment system of the Russian Federation. The object of this research is the public relations that emerge in the process of rendering payment services by foreign providers, their provision of electronic payment means for financial transfers on the territory of the Russian Federation, functionality of the operators of foreign payment systems, and supervision by the Bank of Russia. The subject of this research is the legislative norms on national payment system. The scientific novelty consists in the fact that based on the positions of the legislation on national payment system conclusions are made on peculiarities of carrying out supervision over the operators of foreign payment systems and foreign providers of payment services. This supervision is also indirectly carried out through Russian operators of financial transfers. In a case of failure by a foreign organization to meet the requirements established by the legislation on national payment system, the operators of financial transfers loses its right to take part in international payment systems and render financial services associated with transfer of funds using electronic payment methods rendered by foreign providers. The corresponding rules were set to ensure stability of national payment system, increase the quality of payment services, protect the rights and lawful interests of payment service consumers, and finally, ensure financial security of the Russian Federation.

scholarly journals Revisiting the notion of “sustainable tourism” for legal regulation purposes in Russian Federation and Republic of Belarus

2020 ◽  
Vol 208 ◽  
pp. 06004
Author(s):  
Vitali Maksimeniuk ◽  
Roza Timakova
Keyword(s):  
Public Relations ◽  
Social Development ◽  
Russian Federation ◽  
Sustainable Tourism ◽  
Legal Regulation ◽  
Sustainable Tourism Development ◽  
Contemporary Issue ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of

The article considers theoretical aspects of a most important contemporary issue, i.e. modern approaches to sustainable tourism. The study shows the main relationships of the phenomenon with sustainable economic and social development. The research results in identification of the essential characteristics (signs) of sustainable tourism, i.e. for the legal regulation purposes. The concept of “sustainable tourism” for deliberate influence of the state on public relations in tourism using special legal means and methods was defined. The conclusions may improve the current regulatory framework of the Russian Federation and the Republic of Belarus. Changes and additions to the national laws on tourism are suggested and justified. They relate to introduction of the definition of the concept of “sustainable tourism” and inclusion of the principle of sustainable tourism development.

scholarly journals Prerequisites for the Formation of the Anti-Corruption Security Theory in the Russian Federation

2021 ◽  
Vol 14 (11) ◽  
pp. 1690-1709
Author(s):  
Irina A. Damm ◽  
Keyword(s):  
Public Relations ◽  
National Security ◽  
Russian Federation ◽  
Integral Condition ◽  
The State ◽  
Security Strategy ◽  
National Security Strategy ◽  
Presidential Decree ◽  
The Russian Federation ◽  
The Individual

Security is one of the basic needs of the individual, society and the state, as well as an integral condition for their development. Corruption is among the threats to the national security of the Russian Federation, as it follows from the National Security Strategy approved by Presidential Decree No. 683 of 31.12.2015. The significant efforts made by the state since the mid‑2000s to form and improve social, legal and organizational mechanisms for combating corruption consistently lead to positive results. At the same time, we have to state that corruption continues to cause irreparable harm to public relations, creates an atmosphere of social tension in society. It is no coincidence that the new National Security Strategy, approved by Presidential Decree No. 400 of 02.07.2021, emphasizes the need of society to strengthen the fight against corruption. The high rates of development of anti-corruption legislation, as well as the institutionalization of anti-corruption structures, have led to the formation of natural intra-system contradictions that hinder the further sustainable development of anti-corruption activities. The emerging trends of stagnation of the anti-corruption system actualize the search for qualitatively new fundamental scientific developments that allow us to reach a new level of intersectoral scientific understanding and development of anti-corruption mechanisms. The current stage of the development of scientific knowledge about the phenomena of corruption and security, as well as the relevant anti-corruption and security systems, allows us to identify sufficient prerequisites for the beginning of the development of the theory of anti-corruption security, which contains methodological approaches to ensuring personal, state and global anti-corruption security

scholarly journals Problematic issues of qualifying actions encroaching upon persons executing justice or preliminary investigation

2021 ◽  
Vol 108 ◽  
pp. 02005
Author(s):  
Aleksander Nikolayevich Varygin ◽  
Irina Alekseyevna Efremova ◽  
Vladimir Gennadyevich Gromov ◽  
Pavel Anatolyevich Matushkin ◽  
Anastasiya Mikhaylovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Norms ◽  
The Russian Federation ◽  
Structural Methods

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.

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