Local rule-making as an element of local legal order

The article analyzes the problematic issues of the content of local rule-making activity, which is considered as an element of the local legal order. It is noted that local rule-making should be necessary, not accidental. Local regulations acts are correlated with corporate acts. It is proposed to consider them as independent but partially overlapping phenomena. The segment of their intersection depends on the direction of legal regulation, methods of objectification outside and the type of the subject that generates them. The tendency of decentralization of legal regulation and its influence on the local legal order is noted. Local legal regulation has a limited scope of regulation (within a collective formation), is subordinate in nature, implements a generally permissible approach in a strictly defined legal framework and forms a local legal order

Organizational and legal framework for execution of punishments by the military police in the Russian Empire

The article examines the issues of execution of punishments against military personnel by the military police in the Russian Empire. The functions of the military police related to the execution of punishments in the army are determined, a description of the stages of development of this institution (from the 17th century to the 20th century) is given, in particular, depending on the reform of legislation, the creation of new institutions for the execution of sentences, four stages are identified: 1) 1621–1716, 2) 1717–1826, 3) 1827– 1867, 4) 1868–1917. It is concluded that the genesis of the penal system is a structured and purposeful process of transforming the relevant institutions. The need to apply the experience accumulated in the army of the Russian Empire is emphasized.

Features of Administrative-Legal Methods in the System of Methods of State Regulation

The article analyzes the system of methods of administrative and legal influence, identifies their essential features, which are determined by various criteria (implementation goals, scope of application (public administration), public relations (administrative and legal), subjects (authorized bodies and officials) and objects of influence (individuals, legal entities), types of administrative activities (administrative-managerial, administrative-jurisdictional and administrative-judicial)). We classify administrative methods on various grounds (scope of influence, orientation, form, content) and give a characteristic of the considered methods in the modern administrative legislation. We pay special attention to administrative and procedural methods, formulate possible ways of improving their legal regulation taking into account general trends in the development of the sphere of public administration in general and individual areas of administrative activity

Investigative Situations and Their Resolution at the Subsequent Stage of the Investigation of Crimes Related to Intentional Infliction of Harm on Life and Health by Convicts in Correctional Institutions

The article considers specific features of the main investigative situations and their resolution at the subsequent stage of the investigation of crimes related to infliction of intentional harm on life and health by convicts in correctional institutions. Identification and analysis of these situations at this stage makes it possible to develop the most optimal set of investigative actions and their sequence.

Compulsory Measures of Educational Influence in the Modern Legislation of Russia

The article deals with compulsory measures of educational influence applied to minors. We highlight the relevance of scientific development of the problems related to criminal behavior of minors. Taking into account the special importance of activities for the disclosure and investigation of crimes committed by minors, law enforcement agencies are focused on the prompt and timely implementation of investigative and other procedural actions in criminal cases of this category. At the same time, preventive work aimed at reducing child crime is of critical importance.

Features of Criminal Liability of Women in the Legislation of Ancient Rus

The article investigates the features of appointment and execution of criminal penalties against women in the legislation of Ancient Rus on the example of the provisions of Russkaya Prostrannaya Pravda (“Russian Extensive Truth”), the Charter of Prince Yaroslav and other historical sources. We should note that punishments and other measures of a criminal-legal nature applied to women during the formation of the state in Rus differ in a number of specific features and characteristics. In particular, during this period, a number of crimes committed only by women were highlighted: crimes against the church (magic), morality (fornication, adultery), murder of the child by his/her mother (“child murder”), abortion, etc. The criminal sanctions applied to the criminals were characterized by severity and cruelty. In some cases, the woman was held liable together with her husband for the crime he had committed. In general, the criminal legislation of the period of Ancient Rus did not differentiate the criminal liability of women.

Modern Approaches to the Notion of Sources of Criminal Law in Post-Soviet Legal Systems

The article discusses modern approaches to understanding the sources of the branch of criminal law in legal systems in the post-Soviet space. We analyze the influence of legal traditions and external factors on the transformation of approaches to the concept of sources of criminal law on the example of the legislation of various states. We conclude that there is a relatively uniform approach in the criminal law of the former USSR republics to the concept of sources of criminal law. We also identify the factors and conditions determining possible changes in the concept of sources of criminal law.

Principles of Penal Law: Content and Legal Regulation Issues

The article contains a scientific and theoretical analysis of the points of view presented in the scientific literature regarding the content and list of principles of penal law. We consider proposals on the inclusion of new principles in the penal enforcement legislation, and on modification or exclusion of existing ones. We substantiate the need to ensure comprehensive execution of criminal punishment, providing for active participation of convicts in reformation and social rehabilitation programs and adding the pedagogical (social rehabilitation) content to the process of execution of punishment. We propose to supplement penal enforcement legislation with legal mechanisms to mitigate the situation of convicts, taking into account their personal characteristics, without waiting for the final stage of execution of the sentence associated with the preparation for release.

Recording of Testimony during the Preliminary Investigation: Some Problematic Aspects

The article considers the problem of designing the text of the descriptive part of the record of interrogation during a preliminary investigation. The investigator, acting as the author of the record, edits the received oral information, which can give rise to errors: inconsistency between the text of the testimony and the interrogated person; problems in assessing the reliability of the study of testimony in court. We highlight the problem of identical texts of interrogation records drawn up during the investigation. We formulate recommendations on writing down the testimony in the record of the investigative action and proposals for improving the reliability of interrogation records: the possibility of supplementing the record with one’s own hand, developing and explaining the position of the highest court on the inadmissibility of using identical texts of testimony obtained during the preliminary investigation in the process of proving.

Judicial Administration: the Main Approaches to the Concept and Content

The article is devoted to the theoretical problems of administration in the judicial system. Based on the analysis of scientific literature and legislation, we consider the main approaches to the definition and normative consolidation of the term “judicial administration”, review the content of judicial administration and its assessment in scientific research of the Soviet and modern periods. We conclude that the refusal to use the term “judicial administration” in the post-Soviet period is due to the negative attitude toward it, which is caused by the command and administrative nature of administration in the judicial sphere in the Soviet period and the actual lack of independence of the court. The terms “ensuring the activity of courts” and “organizational support of courts” used in legislation and scientific literature do not cover the entire spectrum of managerial relations that develop in the judicial system. We emphasize the necessity of returning to the use of the term “judicial administration” and its theoretical development.