SPECIFIC FEATURES OF PRODUCING SEPARATE INVESTIGATIVE ACTIONS IN INVESTIGATING CRIMES OF AN EXTREME ORIENTAL AND TERRORIST IN CONDITIONS OF SOCIAL TENSION

Terrorism and extremism are closely related to social tension, on the one hand, significantly increasing its level, on the other hand, using this factor to achieve their criminal goals. The conditions of social tension are a factor that determines the need to make adjustments to typical algorithms for investigating crimes of an extremist and terrorist nature in order to build versions in a timely manner at the initial and subsequent stages of the investigation, optimize the planning process on the case, and implement investigative actions, including in conditions of opposition from stakeholders. persons. The features of the production of such investigative actions in the investigation of crimes of an extremist and terrorist nature in conditions of social tension, such as an inspection of the scene, search, interrogation, as well as some features of the appointment and production of expert examinations.

ОN THE CONCEPT AND SYSTEM OF PRINCIPLES OF CRIMINAL PROCEEDINGS

The article discusses the system of principles of criminal proceedings. The author, based on the study of legal literature, judicial investigative practice, analyzes the existing system, focuses on controversial issues that require special attention.

LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

«GANG» AS A FORM OF CRIMINAL COMPLIANCE IN PRE-REVOLUTIONARY CRIMINAL LEGISLATION (IN THE CONTEXT OF THE FOLLOWING TRANSFORMATION IN THE «BAND»)

The article presents an analysis of the norms of pre-revolutionary criminal legislation (Code of Criminal and Correctional Punishments of 1885), regulating such a form of criminal complicity as a «gang». The article shows the position of the legislator, who actually brought together the elements of crimes committed by a criminal gang (primarily property robbery) and crimes against the state in the form of an armed attack on «volost and public administrations». The conclusion is made that, taking into account the strengthening of the revolutionary movement at the turn of the 19th and 20th centuries, the increased social danger of armed criminal gangs dictated the need to separate an independent corpus delicti, which was done, but after 1917, by the Soviet legislator in the form of banditry.

CLASSIFICATION OF ACTUAL COMPOSITIONS DEPENDING ON THE ORDER OF ACCUMULATION OF ELEMENTS

This article analyzes the order of accumulation of elements of the actual composition as a classification criterion for their division into types. Depending on this, the following compositions are distinguished: 1) with the sequential accumulation of their elements; 2) with independent accumulation of elements; 3) built using various structural principles. A logical explanation of the different order of construction of legal facts using the theory of absolute and relative legal relations is given. The relevance of this issue for the modern level of the theory of law is indicated. The conclusion is formulated that relative subjective rights are not, as it were, self-sufficient. They are not able to serve as a means of satisfying interest indefinitely. This right exists only for a limited time and is aimed at achieving such a legal state in which the interest will be ensured through one’s own active behavior. As a result, the temporary order of development of actual circumstances in some situations may have legal significance, and in others — be completely indifferent to future legal consequences.

PROBLEMS OF PROTECTING THE BUSINESS REPUTATION OF A LEGAL ENTITY

This study focuses on issues related to protecting the business reputation of a legal entity. The authors ana-lyze the concept of business reputation and the factors that influence its formation. Along with the grounds for the legal relationship to protect business reputation, the conditions excluding liability are also discussed. The authors conclude that, despite the presumption of business reputation, it is a positive business reputation that is subject to protection. At the same time, they recognize that the identified numerous gaps in the current civil legislation of the Russian Federation cause certain difficulties in applying standards in the field of business reputation protection in practice.

SOCIAL CAUSALITY, FOUNDATIONS AND PRINCIPLES OF CRIMINALIZATION OF THE CREATION OF A TERRORIST COMMUNITY AND PARTICIPATION IN IT

The article is devoted to the analysis, theoretical substantiation of the establishment of criminal responsibility for acts related to the creation and participation in a terrorist community, as well as an analysis of the social causality of the criminalization of a terrorist community creation and participation in it. The article reveals the purpose and grounds for the criminalization of this activity. The author has paid special attention to the principles of criminalization and their compliance with the decision of the legislator to establish criminal liability for the creation of a terrorist community and participation in it. Attention is paid to the public danger of creating a terrorist community and participation in it, on which the social assessment of criminal acts is based.

VIOLENCE IN THE FIELD OF FAMILY AND DOMESTIC RELATIONS: CONCEPT AND GENERAL CHARACTERISTICS

Annotation: This article considers the main aspects of various forms of violent acts in the family and domestic sphere. The issues of the concept of this category, the causes and conditions that give rise to these antisocial acts are studied. The nature of domestic violence resulting from its various manifestations, the peculiarities of the sphere of family relations itself that limit external intervention, the need of taking into account the circumstances of committing these offenses, the specifics of the actions of prophylactic subjects in a typical situation of suppressing domestic violence are focused upon. The characteristics of these subjects are given. The work provides the research of their activity characterized by legitimate interference in a special sphere of private life – family and life; a high level of aggression in domestic conflicts aimed at both family members and law enforcement officials; the need to use additional professional skills: communication with victims (including children, elderly people, etc.) and aggressors, entry (penetration) into the home, first aid, mutual insurance, etc. The attempts to consider the theoretical foundations of the concept of domestic violence, the study of its signs and tactics of prevention are made. The basis for this study was the modern methods of cognition, allowing the author to identify patterns of development of certain social groups (micro collectives).

LIMITS OF FORMATION OF THE ACTUAL COMPOSITION AS THE BASIS FOR THE EMERGENCE OF LEGAL CONSEQUENCES

This article analyzes the problem of determining the boundaries of the actual composition as a system of legal facts, which together are the basis for the emergence, amendment or termination of legal relations. The relevance of this issue for the current level of legal theory is indicated. Further, based on a study of the approaches of various scholars to solving this issue, the criteria for distinguishing between legal facts and legal conditions are identified. The author’s opinion on the prospects for solving this problem is also expressed and argued.

REFLECTIONS ABOUT THE SOURCE OF POWER IN THE RUSSIAN FEDERATION

According to Art. 3 of the Constitution of the Russian Federation, the only source of power in the Russian Federation is its multinational people. However, if you look at the meaning of the word «source», it turns out that in practice the situation is somewhat different. Power as such, and even more so, imperious decisions come much more often from completely different entities. The people are a kind of dominant force, non-verbally affecting those who make key decisions in society. At the same time, it is difficult for the latter to enter into a direct dialogue with the multinational people, therefore, the constitutional source often yields its quo status. This work is devoted to the interpretation of this thesis using the theory of correlation of subjects of law to obtain objective conclusions based on normative legal regulation and literary sources.