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卷 15, 编号 2 (2022)
Articles
A short life and bright trace of Nurmagomed Gadzhimagomedov
摘要
The article is devoted to the analysis of such important moral concepts as patriotism, heroism, civic consciousness, professional duty, which are of particular importance in the face of a threat to peaceful life and interests of the country. As an example of such a courageous and selfless service to the Motherland, the author considers the heroic deed of the paratrooper Nurmagomed Gadzhimagomedov. The role of the above qualities in the professional activity of a military man is considered. The patriotism of a military man consists in his fidelity to duty, selfless service to the Motherland. The duty of a serviceman is associated with public interests and moral values. And only strict adherence to one's duty helps to maintain dignity. The author notes that only sincere love for the Motherland and the desire to protect it could inspire a person to such heroism as Nurmagomed Gadzhimagomedov committed. An important role is played by the nature of the upbringing received in the family and school. Evidence of the formation of the highest degree of awareness of responsibility for the Motherland defense in peacetime is often manifested in the examples of courageous, heroic deeds in the war time conditions. Difficult circumstances of life put a person before the need to make a difficult moral choice. The ability to remain to the end true to one's principles and professional duty (especially in a situation when a person is young and just starting to live) pleasantly surprises and delights at the same time.
Gaps in Russian Legislation. 2022;15(2):13-15
13-15
Prospects and Benefits of Using Autonomous Vehicles
摘要
The purpose of the article is to study the formation of modern vehicle technologies, including vehicles with a high degree of autonomy, using the example of technologically advanced world states. The object of the study is public relations in the field of road safety related to the development and operation of vehicles with a high degree of autonomy. At the same time, the subject of research is the technologies underlying semi-autonomous and fully autonomous vehicles. Within the framework of the research methodology, using the comparative-legal methods, an analysis of the main stages in the development and formation of technologies of modern vehicles with a high degree of autonomy was carried out. Particular attention is paid to the study of various studies to determine the main benefits of introducing autonomous vehicles. These include improving road safety, reducing traffic congestion and reducing air pollution. Scientific research has shown that significant advances are possible in each of these areas. Advances in artificial intelligence, software that uses advanced computing to solve problems, and past experience-based software analytics allow on-board computers connected to cloud processing platforms to instantly integrate data and select the best driving mode
Gaps in Russian Legislation. 2022;15(2):16-19
16-19
Northern Sea Route: Classification of Emergency Situations
摘要
The purpose of the work is to study the theoretical problem concerning the completeness of the classification of emergency situations in relation to maritime spaces in the Arctic zone, and to develop on this basis scientific proposals for improving Russian legislation. The relevance of the chosen topic is predetermined by the increasing importance of the Northern Sea Route as a global transport communication in the face of the possibility of occurrence in the Arctic as a result of climate change and anthropogenic impact of events that entail catastrophic environmental consequences, the formation of global risks for the economy, population, environment and state security. The relevance of the proposed materials is due to the implementation of large-scale economic and environmental projects by Russia, the provision of defense and security, the sea transportation of hydrocarbons, and potential terrorist threats. The classification of situations serves as the basis for management decisions on rescuing people at sea, protecting the environment and eliminating oil spills in difficult environmental conditions. Classification as a method of scientific knowledge correlates with the goals of its application, which determines its scientific and practical significance in this work. As a result of the analysis of regulatory legal acts and scientific publications, the author identified a gap in the classification of emergencies at sea and substantiated the conclusion that it is necessary to develop a proposal to fill it by improving legislation.
Gaps in Russian Legislation. 2022;15(2):20-30
20-30
Legal Regulation of Employment in Germany and Austria in the Context of a Pandemic
摘要
The article reveals the experience of Germany and Austria in the fight against unemployment in the conditions of coronavirus infection in 2019-2022. Against the background of more than one hundred million job losses in the world, these countries, by forming their own domestic economic policy, were able to cope with unemployment with the least losses. Analyzing the experience of Germany, it is noted that the conditions for entering the Kurzarbeit program for employers who retain jobs on reduced working hours have been facilitated, new categories of employed citizens have been included. Under the condition of full employment, employers are paid subsidies that reach 87% of the income of employees. The procedure for the payment of a special allowance (Kurzarbeit) is disclosed. In order for workers not to lose income, a short-term special allowance Kurzarbeitergeld (KUG) was also established in Germany. If the company reduces the number of working hours or sends people on unpaid leave, then the downtime is paid by the state. The article analyzes the Austrian program aimed at overcoming the crisis in the labor market, which includes four main areas aimed at preserving companies and jobs (loans to companies to support their liquidity; reduction of the tax burden; compensation for reduced working hours; special support for small businesses), the implementation of which allowed to get out of the crisis with minimal economic losses. The author makes suggestions about the possibility of using the experience of these countries in the conditions of Russian reality.
Gaps in Russian Legislation. 2022;15(2):31-37
31-37
Constitutional and Legal Formalization of the Principles of Competitivenessand Equality of the Parties in Constitutional Legal Proceedings: The Experience of the CIS Countries
摘要
The relevance of the comparative legal study of the constitutional legal regulation of the principles of competitiveness and equality of parties in constitutional proceedings is mediated by the lack of scientific research in this area. In this regard, the aim of the article is to analyze the texts of the constitutions of the CIS member states for the presence of legal norms that formalize the Constitutional Court, constitutional legal proceedings and, accordingly, the principles of competition and equality of the parties. The author presents doctrinal arguments in favor of the substantive content of the independent principles of competitiveness and equality of the parties in constitutional proceedings. In conclusion, a conditional grouping of the texts of the constitutions of the CIS member states is carried out, taking into account the existence of norms legalizing the Constitutional Court, the constitutional type of legal proceedings, as well as the principles of competition and equality of the parties. The following groups of norms are distinguished: complete group (Azerbaijan, Kyrgyzstan and Russia), institutional group (Moldova, Uzbekistan) and fragmentary procedural group (Armenia, Belarus, Tajikistan).
Gaps in Russian Legislation. 2022;15(2):38-44
38-44
The Role of Subordinate Acts in the Administrative Legal Mechanism of Realizing the Right of Citizens to Apply to Public Authorities
摘要
The purpose of this article is the study of the system of by-laws in the administrative-legal mechanism for exercising the right of citizens to apply to state authorities of the Russian Federation at all levels of their adoption, as well as determining their role and significance. The problems of unsystematic, chaotic, internal inconsistency of the studied system of legal acts, as well as cases of adoption by authorities of departmental acts in violation of the provisions established by the Federal Law "On the procedure for considering applications of citizens of the Russian Federation" are revealed. Proposals for improving the legislation on citizens' appeals are formulated and substantiated. The study was conducted through the use of logical, formal-legal, comparative-legal and system-structural scientific methods.
Gaps in Russian Legislation. 2022;15(2):45-52
45-52
The Mechanism for the Implementation of Compulsory State Insurance of Life and Health of Civil Servants
摘要
The article provides an analysis of the mechanism for the implementation of compulsory state insurance of life and health of civil servants. Based on the results of the study, the author identifies the stages of implementation of this type of insurance
Gaps in Russian Legislation. 2022;15(2):53-57
53-57
Consumer Rights to Food Safety
摘要
The article discusses issues related to consumer rights to food safety during their use, storage and transportation. The norms of the Law on Organic products, its significance for consumers and the production of organic products are also analyzed. Conclusions: Today in Russia, the rights of consumers in the sale of food products are regulated in sufficient detail and fully. This is due to the provisions of the legislation on providing consumers with complete and reliable information about food products, as well as with strict regulations in force in violation of sanitary, quarantine, veterinary and other rules.
Gaps in Russian Legislation. 2022;15(2):58-66
58-66
Legal Procedures Subsystems of Dynamics in the Structure of the Legal Regime of Professional Activity of an Athlete
摘要
The purpose of the study. The article is devoted to the problem of determining the dynamics subsystem in the structure of the legal regime of professional activity of athletes. The legal regime of an athlete's professional activity contains two components: a) basic, reflecting the initial (static) position of an athlete (a group of his basic rights and obligations, independent of certain features and type of competition), b) the rights and obligations of athletes, reflecting the specifics of the order of participation in specific sporting events. It seems that what is common to all definitions of a legal procedure is its essence - performing actions in a certain order, sequentially, observing a certain algorithm, the implementation of which should lead to the desired result (outcome). The scientific value of modeling the dynamics segment in the legal regime of professional activity of athletes through the institute of legal procedures is manifested in the fact that it helps to identify the essence of professional sports activity, which reflects a constantly changing, increasingly complex and adaptable to the tasks, values and needs of society, a dynamically developing sphere of relations. Conclusions. In a broad sense, the legal procedures of the dynamics subsystem in the structure of the legal regime of an athlete's professional activity can be defined as a system of consistent actions and relationships in the field of professional sports aimed at the emergence, change, implementation or termination of the legal status of a professional athlete. These legal procedures, in turn, include various legal facts and circumstances that contribute to the transformation of the legal status of professional athletes.
Gaps in Russian Legislation. 2022;15(2):67-71
67-71
The Main Trends and Importance of Local Regulation of Export Controls in the Russian Federation in the Context of New Challenges and Threats
摘要
The purpose of the research. The article discusses the problems of local regulation of export controls in the context of a large-scale imposition of restrictive measures (sanctions) against Russia by foreign countries. The development and production of high-tech products are connected with an extensive network of suppliers around the world. Companies that manufacture or sell such goods, carry out their activities in several jurisdictions or are otherwise connected with the foreign regulation. In most cases, such science-intensive goods and technologies are subject to export controls. In this regard, ensuring compliance of the business activities with all applicable norms and rules becomes especially relevant for these companies. An internal control system (compliance) is a method that allows to timely identify and adequately respond to the challenges. By way of using the analysis and comparative legal method, the authors explore the essence and significance of internal control (compliance) in the field of export control based on the example of companies from Russia and the USA. Results. Export compliance program allows a company to ensure compliance with export control standards, effectively carry out foreign economic activity and serves as a guarantee of a good reputation for the company both on the domestic and international market.
Gaps in Russian Legislation. 2022;15(2):72-78
72-78
Problems of Combining Private and Public Interests in Civil Regulation
摘要
The article examines the issues of combining private and public-personal interests in civil law regulation. Where interest as an objective category expresses what objectively contributes to the consolidation and positive change in the social position of the subject of social relations. Consequently, objective interest always meets certain needs. But if the need expresses the objective necessity of certain actions aimed at ensuring the existence of the subject, then the objective interest fixes those measures, the implementation of which leads to the satisfaction of needs and thereby to the implementation of this need. The aim of the presented study is to consider the issues arising in this area concerning the legal regulation of participants in public relations, through which stimulation or coercion is carried out. At the same time, legal regulation is not able to change the needs of the subjects of social relations in a radical way. However, these needs directly depend on the conditions of activity of these entities, which are determined by means of legal regulation. Thus, the law affects the formation of needs and corresponding interests not by direct prescriptions about their occurrence, but indirectly - through the impact on the material conditions of existence and activity.Based on the research, the author comes to the conclusion that when issuing a rule of law, the legislator always has in mind the protection of certain interests. Accordingly, the interest reflected in the law acquires the character of an object of legal protection. The consolidation of interests in law that do not correspond to the objective interests of society entails a violation of the balance of interests.
Gaps in Russian Legislation. 2022;15(2):79-89
79-89
Voluntary Military - Patriotic Preparation for Military Service of Children Left Without Parental Care, Enrolled as Pupils in Military Units: Problems of Legal Regulation
摘要
The purpose of the study is to identify the problems of legal regulation of voluntary military - patriotic preparation for military service of children left without parental care, arranged as pupils in military units, due to the imperfection of legislation in this area. It is revealed that the imperfection of legislation is manifested in: 1) haphazardness, inconsistency of theory and practice; 2) the presence of gaps in legislation; 3) the "omission" of the legislator, who included only "pupils of military orchestras" in the category of persons related to the voluntary preparation of minors for military service; 4) the uncertainty of the issue of the arrangement of pupils as a promising way to prevent neglect and juvenile delinquency; 5) the unsettled nature of the procedure for the exercise of powers by officials of military units to work with pupils, the incorrect definition of the essence, the legal nature of contractual relations regulating the device for education. The methodological basis of the study was made up of general scientific methods of cognition (analysis, synthesis, generalization, system - structural method). Conclusions. The conclusion is formulated that the optimal form providing voluntary military - patriotic preparation for military service of minors is the legal construction of the placement of orphans and children left without parental care in the lists of military units. During the period when minors are in the status of pupils of military units, patriotic feelings of national pride and sacrifice in the name of their Homeland are formed, they are more successful than their peers in mastering the knowledge necessary to prepare for service in the Armed Forces.
Gaps in Russian Legislation. 2022;15(2):90-94
90-94
On the Question of the Procedural Procedure for the Protection of Honor, Dignity and Business Reputation in Cases When it is Impossible to Identify the Person Who Disseminated Information
摘要
The purpose of the research. The article discusses a gap in the civil procedural legislation regarding the list of categories of cases considered in special proceedings, and also proposes to amend the current legislation. The purpose of this article is to study the procedural rules for the protection of honor, dignity and business reputation in cases where a person, widely disseminated information cannot be identified. Results. It is proposed to amend the current legislation and supplement the list of Art. 262 Code of Civil Procedure of the Russian Federation a new category of cases considered in a special proceeding on the recognition of information discrediting and untrue if it is impossible to identify the person who disseminated the information.
Gaps in Russian Legislation. 2022;15(2):95-97
95-97
Trends in State Control Over Economic Concentration Transactions with the Participation of Foreign Investors
摘要
The article explores the latest trends in changes in legislation and law enforcement practice regarding the preliminary approval of transactions and other actions within the control of economic concentration with the participation of foreign investors. Procedural aspects in this area are considered. The ratio and interrelation of state control in the field of economic concentration and state control in the field of foreign investment in theoretical and applied aspects are revealed. The author paid attention to new approaches to establishing restrictive exemptions in relation to foreign investment. An assessment of the trend towards their expansion is given. This trend may take place in control of economic concentration. The existing legal uncertainty in terms of the introduction of restrictive exemptions in the field of foreign investment is analyzed, and ways to eliminate the gaps are proposed. It is concluded that there is a key role of the object of economic concentration in terms of its significance for the Russian economy when deciding on an additional study of actions supposed to be committed by a foreign investor.
Gaps in Russian Legislation. 2022;15(2):98-104
98-104
Legal Grounds for Determining the Elements of Competition Restriction
摘要
The publication examines the elements of restricting competition and the corresponding legal grounds for their identification. Under the legal grounds, it is proposed to understand the legal facts enshrined in the law, on the basis of which the restriction of competition through the system of its elements is determined. It is stated that such legal facts are actions containing signs of restriction of competition. For the purpose of improving legislation and law enforcement practice, it is recommended to take into account and steadily improve the system of signs of restricting competition, which form the elemental composition of violations of antimonopoly legislation, as well as public activity to identify the relevant elements in the system of legal facts.
Gaps in Russian Legislation. 2022;15(2):105-109
105-109
Yubiley professora Pinkevich T.V
Gaps in Russian Legislation. 2022;15(2):110-111
110-111
Information Security as an Object of Protection Under Criminal Law
摘要
The purpose of the study. The article is devoted to the problems of ensuring information security by criminal law means. Various aspects of the concept of "information", "knowingly false information", "publicly significant information" and criminal law prohibitions on its dissemination are considered. The public danger of the spread of "fakes" in the conditions of the information war against Russia waged by foreign countries is stated. The innovations of the Criminal Code of the Russian Federation of 2020 and 2022 concerning the newly introduced articles 2071, 2072, 2073 of the Criminal Code of the Russian Federation are analyzed. The confusion of concepts used by legislators in the norms under consideration, including the classification signs of deliberately false information, and the interpretation of the social significance of information are criticized. A comparison with the administrative prohibitions formulated in the article of the Code of Administrative Offenses of the Russian Federation “Abuse of the freedom of the mass media” is made. Signs of delimitation of criminal and administrative responsibility for the dissemination of "fake" news are revealed. By applying the methods of system analysis, comparative jurisprudence, formal legal analysis of the texts of legislative acts, grammatical and logical interpretation, the presence of redundant norms and gaps in modern criminal legislation associated with the onset of a new social reality - the information war are stated. Conclusion: By applying the methods of system analysis, comparative jurisprudence, formal legal analysis of the text, grammatical and logical interpretation, the presence of gaps in modern criminal legislation associated with the onset of a new social reality are stated. Recommendations on the formulation of a universal criminal law prohibition of the dissemination of knowingly false socially significant information are given.
Gaps in Russian Legislation. 2022;15(2):112-117
112-117
About the Overdue Processes of Changing the Training of Personnel for Law Enforcement Agencies of Russia Related to the Transfer of Criminal Activity to the Virtual Sphere
摘要
In the modern world, there are conditions when information and communication technologies are increasingly used for illegal purposes. This state of affairs leads to the fact that the issues of combating crime committed in a virtual environment, as well as through computer technology, are of particular relevance. The constant development of the capabilities of cybernetic technologies, the dynamics of the use of the Internet, the availability and use of computer technologies predetermine the presence of an increased interest of organized criminal groups and individuals in their use for illegal purposes. The author notes that in the Russian state and in many foreign countries, special units have been created to combat cybercrime. However, given the scale of crimes committed in the virtual space, in order to effectively counter cybercrime, the problem of training law enforcement officers competent in detecting, suppressing, investigating and preventing crimes committed in the virtual space comes to the fore. In this regard, the article analyzes the stages of the process of training (retraining) law enforcement officers in the field of information and telecommunication technologies, during which special attention should be paid to technical disciplines in order to get a clear idea of the internal structure of the global network, information technology programs.
Gaps in Russian Legislation. 2022;15(2):118-121
118-121
Features of Using Special Knowledge in the Investigation of Crimes Related with Illegal Traffic of False Medicines, Medical Devices and Biologically Active Supplements
摘要
The circulation of medicines and medical products is under strict state control, since their use has a significant impact on the life and health of the population. In this context, the quality of manufactured drugs and products, as well as the legality of their distribution on the territory of the Russian state, is of fundamental importance. Despite the fact that a very large-scale control and supervision activity is carried out in this area, the problem of the spread of counterfeit drugs and dietary supplements is currently relevant, which poses a serious threat to the population. In the context of a pandemic of a new coronavirus infection, the need for high-quality medicines is increasing, and therefore the illegal circulation of counterfeit medicines is unacceptable. The purpose of the presented study is to analyze the features of the use of special knowledge in the investigation of a crime related to the illegal circulation of counterfeit medicines and dietary supplements, as well as medical products. All of the above subjects are essential to ensure the well-being of the population, and therefore requires constant evaluation of the effectiveness of the practical aspects of the investigation of these criminal acts. Based on the analysis, the author comes to the conclusion that the use of special knowledge in the process of investigating crimes of the above-mentioned direction has a significant impact, since only through their application can one obtain reliable information that has important evidentiary value. The main forms of using special knowledge are conducting a forensic examination and attracting specialists. In this context, various types of forensic examination are distinguished as the most effective form, which are determined depending on the circumstances of a particular criminal act.
Gaps in Russian Legislation. 2022;15(2):122-127
122-127
The Conceptual Meaning of the Concept of "Criminal Misconduct" in the Criminal Law of Russia and Germany: A Comparative Analysis
摘要
The purpose of the study. The proposed article presents an analysis of the conceptual meaning of the category of criminal misconduct in Russia and Germany in order to demonstrate the "foreignness" of the offense for the Russian criminal legislation. The article points out the fundamental differences between its proposed designs by the Supreme Court of the Russian Federation and the design of a misdemeanor in the Criminal Code of Germany. Conclusions. The authors conducted a sociological survey of 62 respondents on the expediency of introducing the category in question into Russian criminal law, the result of which is a statement of awareness by persons both with and without higher legal education of its "foreignness" for Russian criminal law. The article shows that a criminal offense contradicts the material concept of a crime in the Criminal Code of the Russian Federation and other criminal law institutions and norms of Russian criminal law based on the category of public danger of crime and personality. The authors also conclude that the category of misconduct is insignificant for both the legislator and the law enforcement officer in Germany. While the consolidation of a criminal offense in the Russian criminal legislation will entail serious and at the same time scientifically unjustified changes in it.
Gaps in Russian Legislation. 2022;15(2):128-133
128-133
Problems of Special Measures for the Prevention of Occupational Crime
摘要
The article examines the issues of special measures to prevent professional crime, where, unlike general and organizational measures, special prevention measures directly and directly affect crime. A special warning has a character aimed at preventing crimes, at identifying, eliminating, neutralizing the causes, conditions of crime, correcting towards the generally accepted norms of behavior of persons with an antisocial attitude. But the main form of preventive activity in the professional crime prevention system is prevention, which has a complex character. This involves the use of not only legal, but also economic, organizational, managerial, cultural, educational and other means and methods in order to prevent illegal behavior. It is clear that criminological prevention requires special care, close attention to all sorts of unexpected events, non-standard situations, even the most insignificant deviations in the functioning of various parts of a complex social mechanism and a timely, exhaustive response to them. The purpose of the presented study is to consider the issues that arise in this area regarding individual prevention in relation to professional criminals, i. e. correction and re-education of these persons or a change in the criminogenic tendencies in the development of their personality. This implies the need to solve the problem of establishing the patterns of deviant behavior, the mechanism of its formation and change. To do this, it is necessary to strengthen control over persons previously convicted, whose behavior and views indicate the possibility of committing new crimes. Based on the study, the author comes to the conclusion that the special prevention of professional crime includes the prevention, prevention and suppression of these crimes, carried out by bodies, organizations and institutions that have the rights and obligations to do so.
Gaps in Russian Legislation. 2022;15(2):134-143
134-143
Current Problems of Countering Fraud in the Sphere of Computer Information
摘要
In the modern world, the general informatization and digitalization of computer information is of paramount importance for the implementation of many legally significant actions in a remote format. Currently, most people cannot imagine their daily life and professional activities without remote access to many information products, which is carried out on the basis of providing personal data about a person. The prevalence of the use of computer information creates significant risks of their use not only in a lawful form. So, quite often criminal communities illegally gain access to the personal data of the population and use them in the future to commit fraudulent activities. Despite the fact that Russian criminal law provides for liability for fraud in various areas, including the use of computer information, and many state authorities are actively implementing mechanisms to combat the above-mentioned illegal behavior, at present fraud in this area is one of the most common. The purpose of writing a research paper is to identify the existing problems of combating fraud in the field of computer information and determine the most effective ways to solve them. The author comes to the conclusion that in order to commit illegal actions with computer information, identification of a person is often required, which fraudsters carry out directly by contacting the owner of the relevant information. In this context, preventive and preventive activities aimed at increasing the level of information, digital and legal literacy of the population, through which it is proposed to form in people a conscious perception of the existing risks and threats of using computer information, stand out as the most promising direction for improving the mechanisms for combating this type of fraud.
Gaps in Russian Legislation. 2022;15(2):144-148
144-148
Legal Measures for the Prevention of Crimes Against the Normal Development of Minors and the Correct Functioning of the Family
摘要
The article considers the legally prescribed measures of prevention and prevention aimed at protecting the normal development of children and adolescents, as well as the functioning of the family. The content of the article provides an explanation of the current problems in the area under consideration. In addition, the article reveals the dynamics of the growth of crimes related to interference with the normal development of minors, are cited as the opinions of various scientists, and also reveals the legislative position. The author analyzed the current state of the existing system of crime prevention in the area under consideration. Surveys and studies on this topic are used as the basis for the study. Interest in the topic under consideration is caused by the growing relevance of this issue. The conducted sociological studies only increase the relevance, since more than half of those participating in the surveys expressed an opinion about the low level of criminal law protection of the rights and interests of children and adolescents. In domestic legislative practice, there are heated discussions in various circles about juvenile justice. Lack of legislative intervention and opposition in the country, there were many radical and aggressive calls against the introduction of juvenile justice. According to the results of the survey, it follows that the majority of inexperienced lawyers are convinced that the current legislative norms in this area are sufficient and exhaustive. To eliminate modern problems on the issue under consideration, it is mandatory to use an integrated approach, since this affects many areas of life. As part of an all-Russian survey in 2013, 57% of respondents were in favor of creating special courts to deal with cases with juvenile offenders. The data obtained are interconnected with the results of the sociological study indicated in the article.
Gaps in Russian Legislation. 2022;15(2):149-153
149-153
Analysis of the Evaluation of Physical Evidence in Criminal Proceedings
摘要
Research objective. This article discusses the assessment of material evidence as an important element in making a procedural decision in a criminal case, and also compares it with other types of evidence. Based on the study of criminal procedural legislation and prosecutorial practice, it was revealed that physical evidence, through their collection, careful examination and inclusion in a criminal case, can reflect the circumstances of the crime committed. The purpose of the study is to analyze the use of physical evidence to identify and establish the circumstances of the criminal process and other circumstances relevant to the criminal case. Conclusions. The article states that the process of evaluating physical evidence acts as a complex system for asserting the authenticity of this evidence, and its comparability in criminal proceedings, as well as establishing the value in the evidentiary process. The conducted research shows that the assessment of material evidence occurs throughout the entire investigation and is ultimately fixed by a court decision, while one of the main tasks of the investigator is performed - establishing a connection between the event and material evidence.
Gaps in Russian Legislation. 2022;15(2):154-159
154-159
About Some Issues Related to the Interrogation of a Lawyer as a Witness in a Criminal Case
摘要
The purpose of the study. The article deals with the problems of ensuring the rights of a lawyer called for questioning as a witness in a criminal case. The various situations in which the specified investigative actions against the lawyer can be carried out are analyzed. The features of the operation of procedural guarantees established for conducting investigative actions against a lawyer are considered. It is concluded that the guarantees of advocacy established by the Code of Criminal Procedure of the Russian Federation, on the one hand, should be quite effective. On the other hand, they cannot be of an absolute nature and are limited only to the limits of professional legal assistance, but are not related to l criminally unlawful nature of violations by lawyers, their clients or third parties.
Gaps in Russian Legislation. 2022;15(2):160-165
160-165
The Concept and Signs of Legal Fiction in Criminal Law
摘要
The purpose of the study is to identify the signs of legal fiction in criminal law and formulate on their basis the definition of its concept. The relevance of this work is predetermined by the little-studied category of legal fiction in criminal law, the inconsistency of the knowledge available about it, the unresolved nature of many theoretical and applied problems associated with its use in the process of law-making and law enforcement. Achieving this goal will allow laying a methodological foundation for its further study and formulation of concrete proposals for improving criminal legislation and the theory of legal technology. On the basis of the studied doctrinal points of view, the problems determined by an incorrect understanding of fiction in law, including criminal law, are identified, which prevent its comprehensive understanding and application in real legal activity. Conclusions. The author identifies and substantiates five signs of legal fiction in criminal law: 1) is a means of legal technique; 2) it is deliberately used in legal regulation; 3) it is normatively fixed in the form of a legal prescription; 4) it has a deforming effect on criminal law relations; 5) it contributes to the implementation of criminal policy. The definition of the concept of legal fiction in criminal law is formulated, which is understood as a means of legal technique deliberately used in the formulation of prescriptions of the Criminal Code of the Russian Federation and resolutions of the Plenum of the Supreme Court of the Russian Federation that do not correspond to reality in order to implement the criminal policy of the Russian Federation.
Gaps in Russian Legislation. 2022;15(2):166-174
166-174
Correlation Between Socially Oriented State and Ensuring of Social Human Rights: Constitutional and International Legal Dimensions
摘要
The purpose of the research is to clarify the key concepts used in the context of ensuring social human rights in conjunction with the provisions of the constitutions of the relevant countries on the “welfare state”, to insist on using a more appropriate concept of “socially oriented state”, and to draw attention to the underestimation of key provisions by domestic law specialists of the international protection of human rights system on the nature of the obligations of the States parties to the International Covenant on Economic, Social and Cultural Rights (171 States) to ensure specific social human rights at the national level. Results. The analysis of domestic scientists’ studies on the issue of the welfare State published over the past twenty years shows the implementation in domestic legal science of the opinion about the progressive model of the welfare State of Western countries, primarily Germany, and less and less mention of a more progressive model in terms of coverage and content of the social rights of the Soviet State in accordance with the 1936 Constitution of the USSR. It is argued that any study, including legal, on identifying a progressive model of the welfare State and guaranteeing social human rights should be politically neutral so that its results are objective and, therefore, universally applicable.
Gaps in Russian Legislation. 2022;15(2):175-181
175-181
About the Theoretical and Methodological Foundations for the Formation of Compliance Competences in International Lawyers' Education
摘要
The purpose of the study is a comprehensive analysis of the theoretical and methodological foundations of the formation of compliance competencies in the training of international lawyers in the context of globalization processes, regional economic integration and digitalization of public administration and corporate compliance. Particular attention is paid to the combination of legal, economic, linguistic competencies. Methodological approach. Formal-legal, comparative, functional research methods, systematic and integrated approaches were used in the analysis of the stated issues. Results and conclusions. It is concluded that compliance education constitutes not only an important area of educational activity, but also a complex product of interaction between various fields of knowledge, aimed at training specialists at the combination of relevant competencies. At the same time, the international-law specialization proves to be a promising basis for the development of compliance competencies. The originality and significance of the work is based on the conceptualization of the theoretical and methodological foundations of the formation of compliance competencies conducted for the first time in Russian science.
Gaps in Russian Legislation. 2022;15(2):182-186
182-186