Legal assessment of signs of the subjective part of office-economic crimes in the sphere of implementation of the national project “Healthcare”

This study is a study of the peculiarities of the subjective side of service and economic crimes in the framework of the implementation of the national project «Health» through the analysis of judicial acts, as well as the provisions of the domestic doctrine. The main result of the study was the identification of the author’s signs of the subject’s intent when committing socially dangerous acts in the area under consideration.

Inappropriate spending of budgetary funds as a criminal form of behavior and dysfunction of the modern economy

The article is devoted to the study of a very complex economic and legal phenomenon —inappropriate spending of budget funds. The article presents economic and legal arguments substantiating the need to counteract this kind of delinquent-criminal behavior as a dysfunction of the modern economy. The substantiation of the social and legal conditionality of the criminalization of misuse of budget funds is proposed. A high level of blanketness of the disposition of Article 2851 of the Criminal Code of the Russian Federation. The most controversial examples of misappropriation of budgetary funds are demonstrated, within the framework of which the most frequent problems of qualification of this kind of socially dangerous behavior arise.

Bifurcation approach in the study of the history of state and law: understanding and methodological construction

The authors address one of the problems of interaction between natural sciences and humanities — the use of theoretical provisions of synergetic, theories of dissipative structures and turbulence in the study of problems of the history of state and law through the prism of a bifurcation approach. The article discusses the general conceptual issues of understanding bifurcation and the bifurcation approach as tools for studying social processes and institutions. Special attention is focused on the methodological design and the possibilities of its use as a cognitive tool in research practices.

Legal foundations of criminal law against mass riots at the stages of the emergence and development of the Russian centralized state

The article presents the author’s vision of the origin and development of the legal foundations of criminal law countering mass riots. It has been determined that riots have accompanied humanity since its inception. The formation of criminal law mechanisms for countering mass riots has a long and multi-stage path of formation and formation, taking into account the specifics of the development of Russian society and the state. At the stage of the formation of the centralized Russian state, acts with signs of mass disorder belonged to a group of crimes that infringe on the interests of the state. The concept of “raiser” was introduced into the official circulation. These included persons calling or organizing uprisings against the current legitimate government. Further evolution of state institutions, within the framework of the Cathedral Code of 1649, made it possible to single out a group of state crimes, the system of which included acts with signs of mass disorder. In the historical period under consideration, the acts classified as mass disorders by their objective nature under the conditions of the monarchical form of government were primarily aimed at the established state order. The study also points to an inextricable link and similarity in a number of legally significant characteristics of mass riots with extremist activities.

A retrospective model of the domestic development of debt relations and the establishment of criminal liability in the field of repayment of overdue debts

The work is a historical and legal study of domestic sources of criminal legislation, including the study of the dynamics of the emergence of debt relations, as well as the consideration of issues related to countering crimes committed in the field of repayment of overdue debts in our state. The main result of the research was the developed model of the author in an illustrative form, which can be of value not only as a scientific development, but also be used in the educational process.

The concept of normal legal consciousness

The article argues the expediency and importance of using the concept of “normal legal awareness” in legal science and practice. An attempt has been made to identify and substantiate its criteria, which make it possible to distinguish between normal (healthy) and abnormal (unhealthy, defective, deformed) legal consciousness. Recommendations are formulated that can be overcome by the relativity criteria of the normality of legal consciousness.

Some tactical features of the initial stage of detection and investigation of crimes related to incitement to suicide via the internet

In this paper, we consider the tactical features associated with the planning and preparation of the initial investigative actions in cases related to the inducement to commit suicide via the Internet. Special attention is paid to the preparation of the operational investigation team when receiving a report of a suicide, as well as conducting such investigative actions as an inspection of the scene of the incident and a search. The authors pay special attention to the specifics of digital data, the need to attract a specialist for their detection, recording and seizure in the cases under consideration. The authors point to the need for international legal cooperation, which justifies the extraterritoriality of digital data.

Reform of the Spanish jury trial

The article discusses the reform of the Spanish jury court in 1995, based on the provisions of the classical jury court of the Anglo-Saxon legal family. The author uses a comparative legal method to identify the features of the adversarial and inquisitorial systems of law, allowing to distinguish between the main models of the criminal process. Comparing the essence of the American jury trial as a representative of the Anglo-Saxon system with its Spanish counterpart, the author comes to the conclusion that the reform didn’t lead to drastic changes, but it only strengthened the investigative nature of the process.

English rules of proof

The main rules of the English criminal procedure in proving criminal cases are discussed in the article. The author defines a number of principles (ideas) that are used in criminal procedure. These principles are basic for the evidentiary system in Great Britain. On the basis on the analysis, we advise Russian legislators and jurists to adopt conventional norms for the evidentiary system.

Problems of legal regulation of surrogacy mechanisms as one of the reason for the development of human trafficking

The article deals with issues related to human trafficking disguised as socially significant assisted reproductive technologies, in particular, surrogacy. The gaps in the modern Russian legislation regulating public relations in this area, creating opportunities for the implementation of criminal mechanisms for trafficking in infants, are analyzed.