Criminal Procedural Code of the Russian Federation: evaluation of effectiveness and measures for its improvement

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

Current State of the Personnel Management System of the Penal Enforcement System

Introduction: the article analyzes a current state of the personnel management system in the penal enforcement system, which developed after the adoption of the Federal Law No. 197-FZ dated July 19, 2018 “On service in the penal enforcement system of the Russian Federation and on amendments to the law of the Russian Federation “On institutions and bodies executing criminal penalties in the form of deprivation of liberty”. Purpose: to analyze key elements of the system of organizing work with personnel in the penal enforcement system and propose measures to improve it. Methods: the comparative legal method and the theoretical method of formal and dialectical logic were used. The specific sociological method was also applied when collecting and analyzing information received from students taking Higher Academic Courses at the Academy of the Federal Penitentiary Service of Russia. Results: the personnel function is one of the most important elements of penal system performance. Activities of personnel units requires appropriate legal regulation not only in terms of work with personnel of the penal enforcement system, but also internal organizational activities of human resources departments themselves. The most attention is required in the areas, such as recruitment, professional training, service, organization of work with a talent pool, termination of service. Conclusions: it is difficult to determine a legal status of structural subdivisions of the personnel departments in territorial bodies of the penal enforcement system due to the problem of distributing functions among structural subdivisions and legal consolidation of the organization of systems and information flows, as well as regulation of certain types of personnel work. To solve this problem, it is advisable to improve regulations on structural subdivisions of personnel departments and programs for regular training of succession pool members, etc.

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

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.

National Green Finance Standard in Russia 2020 - a Breakthrough in Green Finance Regulations?

The article is devoted to the analysis of VEB.RF's Methodological Recommendations for Green Finance published on July 13, 2020, named by many Russian experts as the National Green Finance Standard of Russia. This document was in-tended to define the criteria for green projects and financial instruments for enterprises and banks and, ultimately, describe the architecture of the national sys-tem of such financing. A similar document - Taxonomy Regulation - was adopted in the European Union on June 18, 2020. In this regard, a comparative analysis of the above issues is of particular importance. The purpose of the article is to form the idea of the national standard of green finance in Russia based on the analysis of regulations and scientific sources. The applied methods are empirical methods of comparison, description, interpretation, and theoretical methods of formal and dialectical logic. The following private scientific methods were used: legal-dogmatic and the method of interpretation of legal norms. The study showed that the main financial regulator in Russia is the Central Bank, and it is the regulatory documents of the Central Bank of the Russian Federation that should create a national standard for green financing. Without the approval of the Central Bank, VEB.RFs guidelines are turning into just another methodology of the rating agency.

ialectical and Logical Principles and Teoretical Knowledge of J.M. Abdildin's Study Methodology

This article examines the understanding of academician J.M. Abdildin's dialectical-logical principles and methodology of theoretical knowledge in dialectical logic. In the history of Kazakh philosophy, J.M. Abdildin for the first time deeply investigated the principles of dialectical logic, the methodology of theoretical knowledge, revealed the internal contradictions and definitions of the concept of essence, the key to uncovering the understanding of the subject of dialectical logic is the unity of dialectics, logic and the theory of knowledge. The problem of the contradiction of thinking, concepts in dialectical logic is closely connected with the problem of objectivity of cognition of reality, its spiritual - theoretical comprehension. J.M.Abdildin emphasizes the most important moment of any theory - the choice of the subject area, the identification of the beginning of thinking, the substantiation of the universal principle, the identification of the dialectical connection of the essence, the unity of the individual, the particular and the universal.

Institution of Legal Support for the Turnover of Genetic Information: Paradigm of the Future of Information Law

The increased scale of genetic research in the world determines the relevance of legal regulation of relations on the turnover of genetic information. The purpose of this study is to define a new legal institution for the circulation of genetic information and the main directions of development of future legislation. The methodological basis of the study comprises empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; private scientific methods: the method of comparative jurisprudence and the method of interpretation of legal norms. The results of the study allow the authors to state that there is a process of separation of the still few legal norms on the turnover of genetic information into a separate institution in the system of the information law branch.The developing institute should include norms (principles) of turnover and processing of genetic information. These are norms that consolidate the rights and obligations of subjects of information legal relations regarding the turnover of genetic information; norms that establish the legal regime of biological banks and national databases of genetic information; protective norms for state supervision of the activities of subjects in the field of turnover of genetic information; special norms on liability for violations of the requirements of the law.The most effective solution to the problem of legal regulation of relations on the turnover of genetic information in the Russian Federation is the adoption of a special law.The information activities of various entities in this area are often international in nature and are based on the norms established in treaties and national legislation. In this regard, it seems appropriate to launch a broad discussion of the problems of genetic information turnover at the level of the international scientific community. These should include identification of threats; identification of possible risks of using information technologies in medicine; unification of digital identification mechanisms; development of ethical codes of conduct for the scientific community; use of foresight methodology in order to develop common positions.

Dialectical logic or logical dialectics? The Polish discussion on the principle of non-contradiction (1946–1957)

The discussion on the principle of non-contradiction (1946–1957) between Marxist and non-Marxist philosophers was one of the major philosophical discussions in Polish philosophy of this period. In my text, I carefully reconstruct this discussion and outline its relation to Soviet debates on the subject. I show that the change in Schaff’s position happened in the early 1950s under the combined influence of the Lvov–Warsaw School and the changes in the official Soviet position regarding formal logic. I discuss the aftermath following Schaff’s change in attitude towards the analytic tradition for the development of Polish philosophy, as well as the critique of this change by Jarosław Ładosz. In my reconstruction of the latter, I focus on the problem of the historical development of science. I refer to Ilyenkov’s critique of Schaff, opposing synchronic (“positivist”) and diachronic (“dialectical”) concepts of knowledge. As I argue, these opposing concepts of science can be seen as a genuine issue at stake in the Polish discussion as well, especially in the polemic between Schaff and Ładosz.

Issue of crypto currency as a means of achieving scientific and technological progress

The distribution of federal budget funds for 2021-2023 years shows a tendency to reduce the cost of maintaining high-tech innovative research. The problem of attracting funds to innovative activities is becoming one of the main areas of activity. The subject of the study is the system of financing, including through investment mechanisms, research and development activities in the conduct of high-tech research, design developments. The purpose of the study is to develop a methodology for financing research and development activities through the institution of ICO projects. The following methods are used: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; private-scientific methods: legal-dogmatic and method of interpretation of legal norms. The analysis of the existing system of financing high-tech research and design development is carried out, and the main problems of the existing system of implementing state space programs are highlighted. The features of the issue of crypto currency through ICO projects for the implementation of scientific research are disclosed. This study proposes a model for the development of economic relations between the private sector involved in the implementation of domestic scientific research and the customer, represented by the Government of the Russian Federation. The presented model of interaction of participants of the domestic market of space technologies is aimed at creating favorable conditions for the development of domestic cosmonautics, conducting research and development activities. The proposed model of issuing crypto currency through ICO projects for the implementation of scientific research will increase the funding of domestic research and development activities. The stabilization of investment processes that contribute to long-term planning of investment returns will allow large financial flows of private investors to be poured into scientific and technical research. As a result, a planned increase in investment activity is expected, which allows launching innovative projects on a federal scale without attracting budget funds.

Socialization of Economic Subjects as a Condition for the Realization of Social Goals of Society

Socialization of the economy is a process that, on the one hand, involves the subordination of economic processes to the interests of man himself, redistribution of production results, improving working and living conditions in the direction of social goals, and, on the other hand, aimed at assimilating and using social norms, values, patterns of behavior and interaction with society in order to ensure normal functioning. Th e authors of the article are convinced that the socialization of economic entities is an objective process of development of a market-type economic system and a way to solve its problems. Th e market transformation of Ukraine’s economy has led to a number of negative consequences in the so cioeconomic life of the country, which necessitates finding mechanisms for optimal participation of economic entities in the implementation of social goals of society. Th e purpose of the article is to identify the main manifestations of socialization of the state and business in the modern economy in order to determine the level of their socialization in Ukraine in the direction of realization of social goals of society. Th e novelty of the article is the further development of the separation of manifestations of socialization of economic entities, which allowed to assess the level of socialization of the state and business in Ukraine as insuffi cient to realize their potential in achieving social goals of society. Research methods: scientifi c abstraction, analysis, scientifi c generalization, dialectical logic, deductive method. According to the authors, the main manifestations of socialization of the state are the development of its social responsibility and socialization of the budget, while the socialization of business is confi rmed by such aspects of economic life as its social responsibility and the emergence of social entrepreneurship. Th e analysis of the mentioned manifestations of socialization of economic entities in Ukraine allowed to state that the level of socialization of the state and business is insignifi cant. Th e latter is due to the fact that: the level of public welfare is low and is confi rmed by Ukraine’s place in international rankings; social expenditures of the state bud get are insuffi cient, the coeffi cient of their socialization is characterized by a declining trend with low living standards; there are no specifi c mechanisms for spreading social responsibility of business, which has almost no interest, no incentives, no experience of successful implementation of winning projects; incentives on the part of the state for the development of social entrepreneurship are insuffi cient and public awareness of its importance in solving socio-economic problems is low.

The twentieth century science paradoxes

The isolation of hypothetical theories from the realities of living matter has caused mysticism to penetrate scientific theories. With mystical thinking, the idea of using an analytical method to solve cognitive problems does not occur. Dialectical logic, in contrast to mysticism, states the opposite: any problematic tasks of cognizing the vital processes and phenomena of the universe are solvable exclusively in an analytic way, with the only method. The author created a universal and formal theory of solving intellectual (i.e., having no previously known algorithms for solving) problems associated with the knowledge of the vital functions of natural and man-made processes in any phenomena of the universe - the Kondratenko method of axiomatic modeling, the effectiveness of which is achieved by correctly setting the problem and solving it purely formal method. The correctness of the statement of the problem means, first of all, the recognition of the failure of all hypothetical (not confirmed by the results of full-scale experimentation with the subject of knowledge) theories. This requirement, in particular, to the mathematical tools used to solve problems of cognition, it revealed paradoxes in the foundations of mathematics, which are discussed in the article. At present, in the natural and applied sciences in most publications, i.e. more than 90% associated with the construction of formal theories in these sciences, the proof of theorems is carried out: firstly, in a meaningful way, which contradicts the urgent requirement of philosophers of science to use exclusively formal evidence, which is a criterion for assessing the correctness and reliability of evidence; secondly, in substantive evidence in 95% of cases, an exclusively standard list of tautologies is used, which by definition is incorrect for the purpose of proving theorems on phenomena and processes of the universe based on exclusively true axioms obtained as a result of full-scale experimentation with these phenomena and processes. The article deals with the paradox in the classical approach to proving theorems, which consists in the inappropriateness of generally accepted stereotypical tautologies of classical mathematics for proving theorems.