ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

PROBLEMS OF LEGAL REGULATION OPERATIONAL AND INVESTIGATIVE ACTIVITIES IN THE EXECUTION OF NON-CUSTODIAL SENTENCES: ANALYSIS OF LEGISLATION AND PRACTICE

The article is devoted to the improvement of operational-search legislation in the field of organization of operational-search activities in the criminal Executive system, in particular, the grounds and conditions for conducting operational-search activities that restrict the constitutional rights of citizens, as well as their conduct in relation to those sentenced to non-custodial sentences. The main legal and organizational problem is the lack of legal grounds for conducting operational search activities that require court approval when conducting search work and, as a result, the inability to use the entire set of tools and methods for solving crimes, as well as an incorrect interpretation of article 18.1 of the criminal code of the Russian Federation.

ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE

The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.

ON THE NEED TO DEVELOP AND IMPLEMENT IN THE TERRITORY OF THE KRASNODAR TERRITORY A PROJECT OF A STANDARD ELECTRONIC PLATFORM FOR MONITORING PUBLIC OPINION ON HEALTH ISSUES IN THE MUNICIPALITY

The article is devoted to the study of the need to develop and implement on the territory of the Krasnodar Territory a project of a standard electronic platform for monitoring public opinion on health issues in the municipality. The authors substantiate the position that the powers delegated by the people to the public authorities need constant control by the public. Without public control, there is a risk of appropriation of power, usurpation of power by individual state authorities and their officials. The mechanism of feedback between the authorities and the people, one of the elements of which is the monitoring of public opinion, plays an important role in the implementation of the constitutional principle of democracy. At the same time, it is important to monitor public opinion on local issues at the municipal level, since these issues affect the vast majority of the country's population. A significant segment of local issues is somehow related to the organization and functioning of health care institutions and the provision of medical services to the population. In this regard, it seems necessary to develop and implement in the territory of the Krasnodar Territory a project of a standard electronic platform for monitoring public opinion on health issues in the municipality. The article analyzes the goals and objectives of this project, examines the main problems associated with its formation and implementation, justifies the main stages of project preparation, as well as a list of measures to improve regional legislation that will contribute to the implementation of this project. The paper uses a number of methods of scientific research, in particular: the methods of induction; deduction; classification; statistical; sociological; comparative-legal; historical; formal-logical.

FORMS OF EXECUTABLE SETTLEMENT OF TAX DISPUTES: LEGAL POLICY OF IMPROVEMENT

Every citizen of the Russian Federation in everyday life directly or indirectly becomes a participant in tax relations, which are regulated by the Tax code. Since legal acts and laws are quite ambiguous, and the activities of the state are associated with the seizure of property from individuals and legal entities, the emergence of tax conflicts is inevitable. Compromise forms of pre-trial settlement of conflicts are particularly relevant in modern tax relations. They contribute to the emergence and development of trust and fruitful relations between citizens and representatives of tax authorities on the basis of cooperation. The introduction of such procedures as direct negotiations between the parties, mediation and arbitration allow not only to resolve tax disputes promptly, minimize the costs of the parties, reduce the periods of consideration, but also contributes to the unloading of arbitration courts. This article discusses all forms of pre-trial settlement of tax disputes, examines their strengths and weaknesses, the synergetic effect of these forms with preventive and Advisory methods, as well as the introduction of new procedures for the settlement of tax disputes.

COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

On some problems and prospects of countering extremism and terrorism in the criminal executive system

The article deals with some issues related to the detention of persons sentenced to imprisonment for crimes of a terrorist nature and extremist orientation. The authors, based on the analysis of departmental instructions, instructions, reports on countering extremism and terrorism in the criminal executive system of Russia, the practical activities of institutions and bodies executing criminal penalties, outlined the most important problems in this direction. In addition, the paper considers the main measures of preventive work of terrorist and extremist manifestations, based on the provisions of the Comprehensive Plan for Countering the Ideology of Terrorism in the Russian Federation for 2019-2023.

Land dispute as an object of arbitration process

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.

PREVENTION OF OFFENSES AMONG PERSONS HELD IN CORRECTIONAL INSTITUTIONS AS A MEASURE TO ENSURE THE PERSONAL SAFETY OF CONVICTED PERSONS

The article considers the concept of "law and order in a correctional institution". The connection of the concept of "law and order" with the concept of "personal security of convicts"is analyzed. The author proposed changes and additions to the Instructions for the Prevention of Offenses among persons held in institutions of the penal system «approved by the order of the Ministry of Justice of the Russian Federation of May 20, 2013. No. 72, which, in his opinion, will have a positive impact on the measures for the prevention of offenses in correctional institutions carried out by employees of the penitentiary system in order to ensure an appropriate level of law and order and ensure the personal safety of convicts.

FEATURES OF RESPONSIBILITY OF A MEDICAL ORGANIZATION FOR CAUSING THE PATIENT'S HEALTH

The article discusses the particular conditions of holding medical organizations accountable for causing harm to the health of patients. The conditions of civil liability, as well as the degree of responsibility of a medical organization in the provision of medical services, are analyzed. The authors are of the opinion that medical care should be organized in accordance with the procedures, conditions and standards for the provision of such care, however, the standards cannot cover all the options that may arise during the provision of medical care, therefore they are aimed at creating an average “sample”, to determine the approximate order of possible actions carried out by medical personnel. Attention is also paid to the consideration of the features of causing harm to the patient’s health, depending on whether the harm was caused in the provision of medical care or medical services. In conclusion, it was concluded that the conditions for bringing medical organizations to justice should include: unlawful action (inaction), harm, a causal relationship between unlawful action and harm, as well as the fault of the injurer.