The Doctrine of Erroneous Judgment and the Modern Theory of Miscarriages of Justice in Germany: General Characteristics and Their Significance for Establishing the Truth in German Criminal Proceedings

The research of the German criminal process reveals the main theoretical characteristics of theory of miscarriages of justice in German criminal procedure. The essential aspects of the doctrine of erroneous judgment are established. The conclusion about the significance of the doctrine of erroneous judgment for the modern theory of miscarriages of justice in Germany is formulated. Based on a comprehensive research of original German sources, the main provisions of the doctrine of erroneous judgment and the modern theory of miscarriages of justice in Germany are enunciated. The influence of discursive philosophy on theoretical ideas about criminal proceedings is established. The immediate practical applicability of these theories is rather low. In the author’s opinion, their importance, among other things, is that the problematics of miscarriages of justice in Germany are closely related to the concept of truth in criminal proceedings, which is uncharacteristically of Russian research in the designated area. Based on the analysis of German doctrine, the significance of theoretical provisions for establishing the truth in a criminal procedure is determined. A pragmatic, utilitarian German approach to the legislative formulation of truth in criminal proceedings is represented. The legislative recognition and interpretation of the truth in criminal proceedings are expressed. The correlation between the theoretical provisions on material truth and the theory of miscarriages of justice is confirmed. As the result of the research the functional meaning of truth for the theory and practice of criminal proceedings in Germany is enunciated. In addition, the German theoretic definition of the concept of «miscarriage of justice» is given. Characteristic of this concept are identified. The significance of the scientific conclusions of this article consists in determining the fundamental suitability of German dogma and theory for a comparative legal research of miscarriages of justice in Russia and Germany.

Relationships, Interactions and Contradictions of Legal Liability and the Exercise of Law

The problem of correlation of legal phenomena of legal liability and realization of law is investigated from the standpoint of interconnections, interactions and contradictions between them. The sphere of «contact» of legal liability and the realization of law, their main properties at different levels of legal reality, based on the pluralism of the established scientific approaches, has been determined. It is proposed to consider legal liability as a general theoretical and sectoral model at the macro and micro levels. The specificity of the correlation of these phenomena inof the study and possible methodological approaches to its conduct, based on existing legal knowledge, as well as taking into account the real needs of legal practice. It is concluded that it is necessary to form a general theoretical, and then a sectoral methodology for studying the processes of correlation between legal liability and the realization of law for the purposes of law-making and law enforcement.

AUE* Movement as a Criminal Phenomenon that Determines the Development of Professional Crime: the Essence and Methods of Struggle* The organization is banned in the Russian Federation

The article highlights the development and activities of such informal youth movement as «the criminal unity of Prisoners»,«the urkagan unity of Prisoners» or «the way of life of Prisoners is one» (hereinafter-AUE), which supports, promotes and develops the ideology of criminal «romance», criminal subculture. The main reasons for the formation of the informal youth movement in Russia and the version of the concept of AUE are considered. The main features of AUE associations are investigated: stability; stability of the composition (2 or more persons); common intent of members of associations aimed at preparing and committing crimes of extremist orientation (on the ideological component); coordination of actions of members of the Association; main-taining and promoting a criminal subculture; the presence of an organizer (leader) in the Association, connections with the criminal world, etc. The article studies the influence of this criminal phenomenon on the behavior of modern youth, as well as on the development of crime in modern Russia, including one of its most dangerous varieties - professional criminal activity. The main problems of bringing persons belonging to the AUE movement to administrative and criminal responsibility are considered. The article analyzes the activities of members of AUE associations in terms of extremism, as well as the possibility of bringing persons belonging to AUE associations to criminal responsibility under article 282.1 of the criminal code of the Russian Federation. As a practical conclusion, a list of signs of AUE associations that a law enforcement officer can refer to when qualifying crimes under article 282.1 of the criminal code of the Russian Federation is presented.

On the Question of the Criminal Law and Criminological Concept of Recidivism

The concept of relapse, enshrined in the Russian criminal law, is subjected to scientific understanding and critical analysis. The characteristic of the essential signs of legal relapse is given, the opinions of various authors about their content are given. The conclusion is made about the desire of the legislator to narrow the scope of legal relapse. The definition of legal relapse has been formulated. The approaches to the study of criminological relapse, its correlation with criminal law relapse are noted, the essence and features of the study of relapse in criminology are determined. The analysis of the statistics of convicts, who at the time of conviction had removed and outstanding convictions and convicts who were found to have committed crimes in case of recidivism, were carried out. The data of official statistics of crime and convictions were compared, conclusions were drawn about the ratio of the proportion of legal and criminological recidivism in them, and conclusions were drawn about the insignificant volume of recidivism in the total aggregate of repeated crimes. Shows the reflection of information about the recidivism of crimes in criminal statistics - the number and proportion of persons who have previously committed crimes, as well as previously convicted. The analysis of the statistics of convicts who at the time of conviction had a removed and outstanding convictions and convicts recognized as having committed crimes upon recidivism was carried out. The data of the official statistics of crime and convictions were compared, conclusions were made about the ratio of the proportion of legal and criminological recidivism in them, and conclusions were drawn about the insignificant volume of recidivism in the total set of repeated crimes.

The official name of the Russian state in the domestic norm-making practice of the second half of the XIXth century

Consideration in the scientific article The question of the relationship of the regulatory terminology used as the official name of the Russian state is due to the problem of the absence of a single scientific approach in determining its semantic content and is dedicated to the 300th anniversary of the proclamation of the name of the state “Russian Empire”. The features of the rulemaking practice on the official consolidation of the name of the state with the simultaneous use of regulatory terms “Russia”, “Russian Empire”, “Empire” and “Russian State”, having an equivalent semantic value in the name of the same state that operated in the specific historical period of its development. Allocated the generals patterns of the applied context of said terminology in regulatory legal acts of various sectoral affiliation. It was concluded that there is no synonymous properties and the difference in the context of the contents of the second half of the XIX century the terms “Russia” and “Russian Empire”, which are used by the domestic legislator, which is used depending on the type and subject of regulated public relations.

Features of the functioning of financial pyramids using digital assets (using the example of the Finico project): criminological analysis

The article deals with the problem of the emergence and functioning of financial pyramids based on the use of digital assets, using the example of the «Finico» project. The main performance indicators are analyzed, as well as the reasons that influenced the success of this project, its scale and duration of existence are characterized. Particular attention is paid to the ways of organizing and carrying out illegal financial activities with signs of financial pyramids, and some measures are proposed to counter it. A short-term forecast of an increase in the number of crimes committed using information, telecommunications and digital technologies in this area is given.

A special meeting as an institution of emergency management of the russian empire during the First World war

The article examines the issue of the effectiveness of the work of the Special meeting for combining measures to provide the active army with items of combat and material supplies, headed by the Minister of War. It is noted that the Special Meeting, which appeared on May 13, 1915, received extraordinary powers to carry out the economic mobilization of the entire national economy of the Russian Empire. These powers were legally formalized on August 17, 1915. From that moment in 1915, a Special meeting for the discussion and unification of measures for the defense of the state, for the provision of fuel for communication lines, state and public institutions and enterprises working for the purposes of state defense, for the food business and transportation of fuel and food and military cargo. This body, created in wartime conditions, was entrusted with extraordinary powers to manage state, public institutions and enterprises. The chairman of this meeting was the Minister of War, appointed directly by the emperor. It was he who could form commissions and subcommissions that dealt with both the procurement of weapons, equipment and equipment abroad, and directly with the implementation of a general domestic economic policy in the state for the development of certain branches of industrial and agricultural production. However, as the materials show, the transfer of management functions to the state apparatus and the entire mobilized economy of the country into the hands of the military department led to distortions in the development of the country’s national economy. Primary attention was paid to industrial enterprises working for the purposes of state defense, while the organization of food supply and transport support in the Russian Empire, despite the initiatives of the Ministry of Railways, the Ministry of Trade and Industry, the All-Russian Zemstvo Union, which had a representative in a Special Meeting, did not found due support and attention from the Chairperson of the Special Meeting.

Place of the ESPOO convention in the formation of the international legal mechanism for the protection of lake Baikal

The article examines the key provisions of the 1991 Convention on Environmental Impact Assessment in a Transboundary Context, the so-called Espoo Convention, as well as the developing provisions of the Protocol on Strategic Environmental Assessment (Kiev Protocol) of 2003 in terms of preventing negative anthropogenic impact on the natural environment, bearing in mind, first of all, the development of the mechanism of international legal protection of Lake Baikal. In the article is briefly characterized the experience of a number of countries in the post-Soviet space in the implementation of the provisions of these international documents into national legislation. The experience and current position of the Russian Federation on the application of the provisions and mechanisms of the Espoo Convention and the Protocol on Strategic Environmental Assessment in national practice are analyzed. The conclusion is sub-stantiated about the relevance and effectiveness of the use of mechanisms to prevent negative anthropogenic impact on the environment, enshrined in these international documents for the preservation of the unique ecosystem of the World Heritage Site - Lake Baikal.

Business qualities in labor law

Based on the analysis of the current legislation, the necessity of a legal definition of the concept of «business qualities» is sub-stantiated. The point of view is argued that the state of health as a personal characteristic is not one of the constituent elements that determines, along with professional, qualification characteristics, the category of «business qualities». It is concluded that the definitions «labor function», «qualifications» and «professional standard» are interrelated concepts, defining in general the category of «business qualities».

Acts of the international union for conservation of nature: potential for the protection of the ecosystem of the Baikal natural territory

Within the framework of the project of building the concept of international legal protection of Lake Baikal, supported by the Russian Foundation for Basic Research, the analysis of acts and activities of the International Union for Conservation of Nature (hereinafter-IUCN; organization), promising for strength-World Heritage site “Lake Baikal”. The documents developed in the IUCN system on climate change (the manual “Adaptation to Climate Change”) are analyzed. Some of the conclusions of this document are extrapolated to the problems of protecting the Baikal ecosystem.