Ecological and Judicial Expertise in Criminal Proceedings Against the Environment in Russia

2020 ◽  
Vol 11 (2) ◽  
pp. 75-83
Author(s):  
Ilia Solodov
Keyword(s):  
Current Practice ◽  
Negative Impact ◽  
The State ◽  
Effective Control ◽  
Main Task ◽  
Special Role ◽  
Control Mechanisms ◽  
Criminal Proceedings ◽  
The Russian Federation ◽  
Judicial Expertise

Environmental expertise plays a special role in the course of the investigation of environmental crimes. Its main task is to recreate the mechanism of the incident, established the causation link, as well as determine the scale the negative impact on the environment and the measures to restore its original state. The author discusses the current practice of the environmental expertise in the Russian Federation. In Russia the experts from the state or private laboratories can be appointed to assist the investigator and the court in performing their tasks. The problem is that there is no commonly accepted expert methodology in a case of environmental offences. While the state experts can be expected to apply the standardised methodology approved by the Russian Centre of Forensic Expertise in Moscow, their colleges from the private sector are free to use any methods they consider as appropriate depending on the circumstances of the case. Unfortunately, in Russia, as well as in Poland, there are no effective control mechanisms to ensure that the methods applied and the data used by the experts are scientifically valid. It means that the obtained results are no always reliable and accurate. Another problem referred to the difficulties of the damage assessment in such cases. The dynamics of the environment, the complicity of the relations between its elements makes it extremely hard to assess the scale of the negative impact, as well as to establish the causation link between the human’s actions or negligence and observed changes.

SITUATION OF CHILDREN WITH DISABILITIES IN CONTEMPORARY LEGAL, MEDICAL AND SOCIAL PROCESSES IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 100 (4) ◽  
pp. 198-207
Author(s):  
R.N. Terletskaya ◽  
◽  
I.V. Vinyarskaya ◽  
E.V. Antonova ◽  
A.P. Fisenko ◽  
...  
Keyword(s):  
Children With Disabilities ◽  
Social Assistance ◽  
The State ◽  
Main Task ◽  
Persons With Disabilities ◽  
Rehabilitation Programs ◽  
The Family ◽  
The Status ◽  
The Russian Federation ◽  
The Individual

Despite the positive developments in the sphere of ensuring the special needs of disabled children, a comprehensive socio-hygienic assessment of the conditions and lifestyles, as well as of their families, has not been carried out in the recent years. The purpose of the study is to identify, through a sociological survey, the problems that a disabled child encounters in his life, in order to further improve the provision of medical and social assistance to him. Materials and methods of research: 506 legal representatives of minors (aged 0–17 years) with the status of a disabled child were interviewed. Study design: single-center, non-randomized, uncontrolled. Results: the study of the living conditions of a disabled child in the family, the assessment by the parents of the state of his health, the problems arising during the registration of disability, in the provision of medical and rehabilitation assistance, and issues of medical and social support, made it possible to determine the position of this part of the child population in modern legal and medical and social conditions. The main problems were the large number of documents required for the registration of a disability, the long wait for the day of the examination, the remoteness of the location of the medical and social examination bureau, the shortage of specialist doctors, the problem with subsidized drugs, the lack of taking into account the individual needs of the child when carrying out rehabilitation programs, the need to contact different organizations and departments, lack of medical and social assistance, violation of rights in the provision of medical services to a disabled child. Conclusion: The acquired information is important for the further improvement of the provision of medical and social assistance to handicapped children and children with disabilities. The main task today is to develop mechanisms for fulfilling the declared rights and freedoms of persons with disabilities and the obligations undertaken by the state in relation to them. The principle of individualization of the provision of various benefits, depending on the condition of a disabled child, his needs, material security, remains relevant.

SPECIFIC FEATURES OF PROPERTY INTERESTS PROTECTION OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION WITH THE PARTICIPATION OF CRIMINAL PROCEEDINGS AS REPRESENTATIVE OF A VICTIM

2021 ◽  
pp. 46-52
Author(s):  
Дмитрий Викторович Кияйкин
Keyword(s):  
Russian Federation ◽  
Current Practice ◽  
Statistical Data ◽  
Penal System ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Existing Problems ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
The Moment

В статье проведен анализ существующей практики защиты имущественных интересов уголовно-исполнительной системы Российской Федерации при участии в уголовном процессе в качестве представителя потерпевшего, изложены рекомендации по улучшению данной работы с учетом особенностей сложившейся практики. Раскрываются особенности уголовно-процессуальной защиты на основе материалов территориальных органов и анализа дел указанной категории схарактеристикой эффективных решений иимеющихся проблем по защите имущественных интересов уголовно-исполнительной системы (далее - УИС), материалов практики защиты поуказанным вопросам, аналитических и статистических данных за 2018-2020 гг. Обращено внимание, чтона практике имеются сложности с определением размера возмещаемого ущерба и сроков исковой давности, а также с фактическим исполнением судебных решений овзыскании ущерба в связи с финансовой несостоятельностью должников. Важной проблемой по защите имущественных интересов остается отсутствие методики определения размера причиненного репутационного вреда органам иучреждениям уголовно-исполнительной системы Российской Федерации. Обеспечение своевременного допуска представителя органа илиучреждения УИС имеет существенное значение для защиты имущественных интересов, поскольку юридическое лицо получает фактическую возможность по отстаиванию своих законных интересов лишь смомента допуска представителя - физического лица. Автором определены направления работы должностных и иных заинтересованных лиц по реализации защиты имущественных интересов УИС при участии в уголовном процессе в качестве представителя потерпевшего. The article analyzes the existing practice of protecting the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim, and provides recommendations for improving this work, taking into account the features of the current practice. The article reveals the features of criminal procedure protection based on the materials of territorial bodies and the analysis of cases of this category with the characteristics of effective solutions and existing problems in protecting the property interests of the Penal system (hereinafter the FPS), materials of defense practice on these issues, analytical and statistical data for the period 2018-2020. Attention is drawn to the fact that in practice there are some peculiarities in determining the amount of damage to be compensated and the limitation period. Due to the financial insolvency of debtors in practice, there is a difficulty with the actual execution of court decisions on recovery of damages. An important problem in protecting property interests remains the lack of a methodology for determining the amount of reputational damage caused to the bodies and institutions of the Russian Federation's penal system. Ensuring the timely admission of a representative of a body or institution of a penal system is essential for the protection of property interests, since a legal entity gets the actual opportunity to defend its legitimate interests only from the moment of admission of a representative - an individual. The author defines the directions of work of officials and other interested persons to protect the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim.

Special aspects of tax liability of small business enterprises in Russia

2021 ◽  
pp. 101-109
Author(s):  
Alina V. Agzamova ◽  
Alena E. Zaborovskaya
Keyword(s):  
Small Business ◽  
Russian Federation ◽  
Small Businesses ◽  
Negative Impact ◽  
The State ◽  
Small Enterprises ◽  
Tax Burden ◽  
Current Crisis ◽  
Tax Regimes ◽  
The Russian Federation

In modern economic conditions, the state of small business is an indicator that reflects the dynamics of the development of the main socio-economic trends occurring in the country. In return, the current crisis phenomena have a negative impact on the development of small business, which contributes to the formation of the middle class, which makes up a significant part of the economically active population of the country. Despite all the measures provided by the government of the Russian Federation (tax holidays, subsidies, reduction of the tax burden due to the introduction of special tax regimes, etc.), the number of small businesses is decreasing. This article analyzes the current state of the state’s tax policy in relation to small enterprises, examines the issues of taxation of small enterprises in Russia, and identifies the main trends and disadvantages of taxation of small businesses. The most complex and urgent problems of functioning and further development of small businesses are identified and characterized. Statistical data on the dynamics and structure of small businesses by type of economic activity in Russia, the dynamics of the tax burden on small businesses, and tax revenues to the budget of the Russian Federation are presented and analyzed. The article substantiates the need to reform the tax system as a necessary measure to support small businesses, designed to improve and accelerate the dynamics of socio-economic development of the state.

scholarly journals Formation of unified approaches towards legal protection of biological diversity and its components in the Arctic: to articulation of the problem

2020 ◽  
pp. 11-20
Author(s):  
Tatiana Vladimirovna Rednikova
Keyword(s):  
Biological Diversity ◽  
Negative Impact ◽  
Legal Protection ◽  
Biological Species ◽  
Climatic Conditions ◽  
The State ◽  
The Arctic ◽  
Special Role ◽  
Indigenous Species ◽  
Arctic Ecosystems

This article examines the questions associated with protection of Arctic biodiversity, framework international legal documents, and documents of strategic planning of the Arctic countries. It is underlined that despite the unique ability to adapt to the severe climatic conditions, the ability of Arctic ecosystems and their components to self-restoration is significantly lower, which indicates the need to minimize the negative impact of various factors, as well as ensure the maximum level of ecosystem protection, including legal remedies. At the same time, considering the uniformity of natural environment of the Arctic region and ongoing processes, the peak efficiency in environmental protection of the Arctic can be achieved only by pooling and coordinating the efforts of all Arctic countries. The data on the state of Arctic environment allows determining major threats to the state of biological diversity of the region. In this regard, special role is played by climatic changes, which create a number of global challenges. Climate warming inevitably initiates ice melting in the Arctic, shrinkage or total deglaciation of certain areas, which leads to such consequences as decrease in abundance of species, namely aquatic mammals, the life cycle of which directly depends on the existence of ice. Global warming is inextricably linked with the process of displacement of latitudinal boundaries of the Arctic ecosystems towards north, which poses a risk for penetration of biological species that traditionally dwell to the south. This can lead dysfunction of ecosystems due to the dominance of alien species over the indigenous species.

scholarly journals GEOSYSTEM MONITORING OF DEFORESTATION IN THE CHERNIHIV REGION

2019 ◽  
pp. 181-189
Author(s):  
Evgeny Sakhno ◽  
◽  
Oleksiі Tereshchuk ◽  
Yanchenko Oleg ◽  
Keyword(s):  
Open System ◽  
Negative Impact ◽  
The State ◽  
Forest Monitoring ◽  
Effective Control ◽  
Forest Plantations ◽  
State Budget ◽  
Study Guides ◽  
Village Council ◽  
Environmental Measures

Urgency of the research. The process of constructing modern forest monitoring systems, the development of technical facilities, high frequency, efficiency and availability of remote sensing materials allow realize the tasks the tasks of effective control of the modern environment. The experience gained by domestic experts allows us to use the results of processing these images to calculate changes in forest areas, determining the types of forests, their species composition and age mainly at the regional level. The deterioration of forests in Ukraine today is one of the most pressing problems, the solution of which is quite effective with the use of modern systems of geosystem environmental monitoring. Target setting. At the current stage of Ukraine's development, there is a problem of monitoring the country's forests, since at the same time, illegal deforestation has increased, which carries threats to the country's ecology and increases the level of corruption and financial losses of the state budget. The estimation of the number of forests of the Pukul village council of Chernihiv oblast was estimated from 2000 to 2017 using the Global Forest Watch service as well as using the ArcMap geodetic software product. After the performed measurements, it is possible to estimate the state of the forest complex of the research site and to propose measures for elimination of the revealed problems. Actual scientific researches and issues analysis. The latest publications on this topic, which are presented in open access, including scientific journals, study guides and data from the global Internet network, were reviewed. Uninvestigated parts of general matters defining. The processes of organization and monitoring of forests should be considered as a single information complex, which makes it possible to assess the state of the country and determine the size of forest plantations and, most importantly, illegal logging, which will affect the environmental and financial situation in the state. And in order to prevent the negative impact of deforestation on the environment, it is necessary to use modern geoinformation software complexes, which allow to estimate the scale of forest areas fairly quickly and precisely and to decide on environmental measures for effective management in forests of Ukraine. The research objective. It is quite effective to use the open system of "Global Forest Watch" for monitoring of forest areas in Ukraine because it enables to determine the chosen site in a certain territory, but the systems do not give data on the areas of each cut area, therefore to get such parameters it is suggested to use the software ArcMap on the basis base map, which enables the data from attribute tables to determine the area of each individual cutting area of the forest. The statement of basic materials. The area of forest plantations with an area of 6200 ha was chosen for forest monitoring in the Chernihiv district of the Pukulsky village council. The monitoring was carried out using the open system "Global Forest Watch", since it enables to determine the amount of forest plantations in the selected area, and then for obtaining more accurate data on the area of forest plantations, the parameters were adapted to the ArcMap software based on the base map, which makes it possible to estimate the area forest areas of cut and planted forest for the selected period of time. Conclusions. Based on the performed researches, it was established that for monitoring of forest plantations in Ukraine it is quite effective to use the open system "Global Forest Watch", which combines data from different sources. This system helps to determine forest areas in the country and their location in the regions of the state. However, in order to improve the accuracy of determining the areas of cuttings and re-planted, it is recommended to use the ArcMap software package, which enables to increase the monitoring of the forest and prevent illegal felling of forest areas.

scholarly journals APPLICATION OF THE CONCEPTS OF QUALITY OF LIFE IN THE HEALTH ASSESSMENT OF POST COVID-19 PATIENTS

2021 ◽  
Vol 4 (3) ◽  
pp. 79-88
Author(s):  
Svetlana Gorobievschi ◽  
◽  
Tudor Costru ◽  
Raisa Puia ◽  
Alina Ungureanu ◽  
...  
Keyword(s):  
Quality Of Life ◽  
Negative Impact ◽  
The State ◽  
Human Society ◽  
Special Role ◽  
State Of Health ◽  
The European Union ◽  
Republic Of Moldova ◽  
The Republic

The phenomenon of the Covid-19 pandemic has affected the whole globe, the consequences of which are long lasting and difficult to estimate. The Republic of Moldova, being a developing country, could not overcome these serious consequences, caused by the reduction of public health, the reduction of the work capacity of the population, the deplorable condition of the medical system, caused by small investments in health, etc. Human society has been put to hard tests of survival of patients with this virus, the incidence rate of diseases was about 11%. Thanks to the financial aid of the European Union, Romania and other countries, the Republic of Moldova managed to cope with things in the fight against Covid. This article presents the results of the research of the authors, participants of the national project "Assessment of health of post – COVID - 19 patients in the Republic of Moldova", which aimed to develop the Electronic Register of patients with Covid - 19 (March 2020 - June 2021), which will allow monitoring the process of treatment and recovery of the consequences of this disease, by assessing the state of health and quality of life both at admission and at discharge of the respective patients. Based on the concept of quality of life as a socio-economic category and its interconnections with health, the authors proposed the system of medical indicators to assess the health and quality of life of patients affected by covid. In the authors' opinion, a special role in the treatment and treatment of comorbidities belongs to comorbidities, so the authors selected them as separate study subjects to prove their negative impact on the form of the disease and the state of health and quality of life at discharge of patients.

scholarly journals Threatening trends in the use of bot pharms to the detrimation of the state interests of Ukraine: prevention and control mechanisms

2021 ◽  
pp. 90-98
Author(s):  
A. YUSHKOV
Keyword(s):  
Social Networks ◽  
Russian Federation ◽  
Prevention And Control ◽  
Legal Framework ◽  
The State ◽  
Control Mechanisms ◽  
Special Services ◽  
The Russian Federation ◽  
Illegal Activities ◽  
And Control

The concepts and types of bots are considered. The signs and spheres of activity of bot farms are determined. The algorithm for creating and distributing fake pages is outlined. Procedures for responding to the dissemination of false and unreliable information within the current legislation of Ukraine are detailed. The achievements of the domestic special services in the direction of counteracting the illegal activities of bot farms, which are coordinated by curators from the Russian Federation, are highlighted. The task of pro-Russian bot farms in Ukraine is generalized. The principles of the state policy of combating fakes and propaganda on social networks are determined. The directions of improvements of the organizational and legal framework for the systematic counteraction to the functioning of crime bot farms as a threat to the state interests of Ukraine are specified.

scholarly journals The constitution of the Russian Federation and constitutional identity in the context of global changes

2021 ◽  
Vol 108 ◽  
pp. 01003
Author(s):  
Evgeniy Vladimirovich Kirichek ◽  
Eduard Anatolievich Kononov ◽  
Golib Nurullo Kodirzoda
Keyword(s):  
Russian Federation ◽  
State Level ◽  
The State ◽  
Global Changes ◽  
Constitutional Court ◽  
Special Role ◽  
Legal Identity ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Constitutional Identity

Today we are witnesses and participants in a historic event that is very important for Russia – preparation and adoption of amendments to the Constitution of the Russian Federation, reflecting both a legal identity and a vast long-term experience of the constitutional development of the Russian state with due consideration to the opinion of various strata of the population and extensive public discussion. Goal of the research is to show a special role of the Constitution of the Russian Federation from the position of its supremacy in combination with the doctrine of constitutional identity, which is essentially a trend of modern globalization processes, based on the analysis of doctrinal and practical issues, laws and regulations, decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights, and statistical data. The methodological basis of the research consists in the application of both general scientific and special methods developed in jurisprudence. During the research, the following methods of scientific knowledge played a special role: dialectical, historical, comparative law, statistical, logical, etc. A number of conclusions were drawn concerning, on the one hand, the development of a legal potential of the Constitution of the Russian Federation being a determining vector in preventing socio-political destabilization, and on the other hand, constitutional identity, in the broadest sense shown in the desire to know and formulate the own national, religious and other identities, to follow traditional family values, etc., and at the state level – prevention of violation of territorial integrity, state sovereignty, acknowledgement of constitutional and legal identity of the state.

scholarly journals On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities

2021 ◽  
Vol 15 (1) ◽  
pp. 98-105
Author(s):  
Olga Aivazova ◽  
Galina Vardanyan ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Relevant Information ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good de­finition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

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