Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-7-11
Larisa G. Vasilyieva
The author, based on a comprehensive analysis of the literature, comes to the conclusion about the active development of the doctrine of criminalistic characterization of crime in the direction of the development of ideas about the need to separate such scientific categories as criminalistic characterization of investigation and criminalistic characterization of trial. It is stated that the latter can be used as an informational basis for the formation of trial techniques, including in criminal cases of bribery. The authors' approaches to understanding the essence of the criminalistic characteristic of the trial are analyzed, on the basis of which a conclusion is made about its significant elements in relation to criminal cases of bribery.
{"title":"Criminalistic Characteristics of Court Proceedings as a Foundation for Developing Trial Methodology in Bribery Criminal Cases","authors":"Larisa G. Vasilyieva","doi":"10.18572/1812-3791-2024-1-7-11","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-7-11","url":null,"abstract":"The author, based on a comprehensive analysis of the literature, comes to the conclusion about the active development of the doctrine of criminalistic characterization of crime in the direction of the development of ideas about the need to separate such scientific categories as criminalistic characterization of investigation and criminalistic characterization of trial. It is stated that the latter can be used as an informational basis for the formation of trial techniques, including in criminal cases of bribery. The authors' approaches to understanding the essence of the criminalistic characteristic of the trial are analyzed, on the basis of which a conclusion is made about its significant elements in relation to criminal cases of bribery.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"49 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-2-6
D. Zaykov
One of the significant tools that ensure the fulfillment by arbitration courts of the task of strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities is the institute of private definitions. The article examines the specifics of the legal regulation of the use of private definitions in the arbitration process, the features of the relevant judicial practice and suggests ways to resolve the existing problems.
{"title":"Special Rulings in Arbitral Proceedings: Certain Issues of Law Enforcement","authors":"D. Zaykov","doi":"10.18572/1812-3791-2024-1-2-6","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-2-6","url":null,"abstract":"One of the significant tools that ensure the fulfillment by arbitration courts of the task of strengthening the rule of law and preventing offenses in the field of entrepreneurial and other economic activities is the institute of private definitions. The article examines the specifics of the legal regulation of the use of private definitions in the arbitration process, the features of the relevant judicial practice and suggests ways to resolve the existing problems.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"56 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-48-51
Svetlana K. Khasanova
The article deals with the issues of interaction between penitentiary inspections and noncommercial organizations and associations, and the possibility of their participation in the process of social adaptation of convicts. The article also features examples of preventive measures, including those with participation of juvenile convicts, as well as measures carried out by volunteer organizations. Author recognizes the possibility of applying the existing experience of interaction between the penal inspection and civiс institutions in the course of the implementation of the Federal Law of 06.02.2023 No. 10-FZ “On probation in the Russian Federation”.
{"title":"On the Participation of Volunteers in the Implementation of Federal Law of the Russian Federation No. 10-FZ on Probation in the Russian Federation dated February 6, 2023","authors":"Svetlana K. Khasanova","doi":"10.18572/1812-3791-2024-1-48-51","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-48-51","url":null,"abstract":"The article deals with the issues of interaction between penitentiary inspections and noncommercial organizations and associations, and the possibility of their participation in the process of social adaptation of convicts. The article also features examples of preventive measures, including those with participation of juvenile convicts, as well as measures carried out by volunteer organizations. Author recognizes the possibility of applying the existing experience of interaction between the penal inspection and civiс institutions in the course of the implementation of the Federal Law of 06.02.2023 No. 10-FZ “On probation in the Russian Federation”.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"18 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140509890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-17-21
Igor D. Borisov
The infliction of property damage by deception or abuse of trust, despite its low prevalence among other crimes against property, has a number of topical issues related to the mechanism of committing this crime, in particular issues of passive fulfillment of the objective side. The article sets out the criteria for the qualification of an act provided for in Article 165 of the Criminal Code of the Russian Federation committed by inaction. Special attention is paid to the conditions under which inaction will be criminal in nature.
{"title":"Causing Property Damage by Deception or Abuse of Trust by Omission","authors":"Igor D. Borisov","doi":"10.18572/1812-3791-2024-1-17-21","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-17-21","url":null,"abstract":"The infliction of property damage by deception or abuse of trust, despite its low prevalence among other crimes against property, has a number of topical issues related to the mechanism of committing this crime, in particular issues of passive fulfillment of the objective side. The article sets out the criteria for the qualification of an act provided for in Article 165 of the Criminal Code of the Russian Federation committed by inaction. Special attention is paid to the conditions under which inaction will be criminal in nature.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"30 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510289","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-31-36
Yulia O. Lukhovskaya
The article covers the specifics of labor function as a key Labor Law element of the Judge’s professional activity, described as a conjunction of Public Law and Labor Law components. The Author determines compulsory as well as optional elements of labor function of the Judges as a special category employees endowed with special public authority. It is noted that Public Law and Labor Law components of the Judges’ labor function are interconnected, delivering justice as the main function is performed within Labor institutes field.
{"title":"Labor Function as a Labor-Law Element of Professional Activities of Judges","authors":"Yulia O. Lukhovskaya","doi":"10.18572/1812-3791-2024-1-31-36","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-31-36","url":null,"abstract":"The article covers the specifics of labor function as a key Labor Law element of the Judge’s professional activity, described as a conjunction of Public Law and Labor Law components. The Author determines compulsory as well as optional elements of labor function of the Judges as a special category employees endowed with special public authority. It is noted that Public Law and Labor Law components of the Judges’ labor function are interconnected, delivering justice as the main function is performed within Labor institutes field.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"72 11-12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-26-30
Maksim S. Mateykovich, Ekaterina S. Sentyakova
The article proves that cassation in criminal cases, thanks to the judicial reform carried out in 2018 and amendments to the Constitution of the Russian Federation introduced in 2020, has become a cross-cutting legal institution, including, first of all, the norms of constitutional law, which ensures real constitutional guarantees to ensure the legality of sentences and other decisions in criminal cases based on the principles of fairness, legal certainty, independence of courts and independence of judges.
{"title":"The Constitutional Essence of Judicial Cassation in Criminal Cases","authors":"Maksim S. Mateykovich, Ekaterina S. Sentyakova","doi":"10.18572/1812-3791-2024-1-26-30","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-26-30","url":null,"abstract":"The article proves that cassation in criminal cases, thanks to the judicial reform carried out in 2018 and amendments to the Constitution of the Russian Federation introduced in 2020, has become a cross-cutting legal institution, including, first of all, the norms of constitutional law, which ensures real constitutional guarantees to ensure the legality of sentences and other decisions in criminal cases based on the principles of fairness, legal certainty, independence of courts and independence of judges.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"18 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510638","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-52-56
Irina V. Novoydarskaya
Taking into account the uncertainty remaining for a long time in the theory of criminal procedure law in relation to the concept of “function”, the article analyzes various theoretical approaches to eliminate this uncertainty. The main features of the criminal procedural function are highlighted, their content and significance are clarified. The study used general scientific methods and private scientific methods. As a conclusion, it is proposed to expand and specify the list of features of the function in question.
{"title":"To the Discussion on the Concept of Criminal Procedure Functions","authors":"Irina V. Novoydarskaya","doi":"10.18572/1812-3791-2024-1-52-56","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-52-56","url":null,"abstract":"Taking into account the uncertainty remaining for a long time in the theory of criminal procedure law in relation to the concept of “function”, the article analyzes various theoretical approaches to eliminate this uncertainty. The main features of the criminal procedural function are highlighted, their content and significance are clarified. The study used general scientific methods and private scientific methods. As a conclusion, it is proposed to expand and specify the list of features of the function in question.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"35 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510501","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-37-42
Ilya M. Shevchenko
The author proposes to empower assistants of judges to consider questions that are resolved on the stage of initiation of court proceedings, including adoption of statements of claim, leaving them without movement, returning and refusing to accept them. The question on whether assistants of judges can consider simplified procedure cases and cases on issuing of court orders is a more debatable one.
{"title":"On the Need to Enhance the Procedural Role of Judicial Assistants","authors":"Ilya M. Shevchenko","doi":"10.18572/1812-3791-2024-1-37-42","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-37-42","url":null,"abstract":"The author proposes to empower assistants of judges to consider questions that are resolved on the stage of initiation of court proceedings, including adoption of statements of claim, leaving them without movement, returning and refusing to accept them. The question on whether assistants of judges can consider simplified procedure cases and cases on issuing of court orders is a more debatable one.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"56 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-57-60
Larisa V. Yun
The purpose of the article is that it is devoted to environmental migration as one of the factors in the well-being of citizens' lives. The author identifies problems associated with forced migration of the population due to ongoing natural disasters. The study offers the author's definitions of voluntary and forced migration. A comparison is made of economic, social, and political factors that have both a positive and negative impact on migration flows. This phenomenon, caused by numerous factors, contributes to the active movement of citizens both within a particular state and moving to others. The legal nature of environmental migration indicates its versatility, but despite this, today there is no specific definition of what should be understood by it. The definitions of researchers of the problem we have identified boil down to the fact that people leaving their places of residence voluntarily/forcedly focus on expected or already occurring natural disasters (droughts, floods, earthquakes, etc.). It is concluded that the definition of environmental migration is not fully formed in the doctrine of environmental law, which today causes legal uncertainty.
{"title":"Environmental Migration: A Voluntary Relocation or a Forced Measure — Constitutional and Legal Aspects","authors":"Larisa V. Yun","doi":"10.18572/1812-3791-2024-1-57-60","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-57-60","url":null,"abstract":"The purpose of the article is that it is devoted to environmental migration as one of the factors in the well-being of citizens' lives. The author identifies problems associated with forced migration of the population due to ongoing natural disasters. The study offers the author's definitions of voluntary and forced migration. A comparison is made of economic, social, and political factors that have both a positive and negative impact on migration flows. This phenomenon, caused by numerous factors, contributes to the active movement of citizens both within a particular state and moving to others. The legal nature of environmental migration indicates its versatility, but despite this, today there is no specific definition of what should be understood by it. The definitions of researchers of the problem we have identified boil down to the fact that people leaving their places of residence voluntarily/forcedly focus on expected or already occurring natural disasters (droughts, floods, earthquakes, etc.). It is concluded that the definition of environmental migration is not fully formed in the doctrine of environmental law, which today causes legal uncertainty.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"58 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140509935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-22-25
D. Pechegin
The goal set forth in Federal Law No. 173-FZ is achieved not only through the regulatory regulation of the mechanism of repatriation of funds, preventing the occurrence of a situation of currency imbalance, but also by establishing clear requirements and procedures for currency transactions for transferring funds to non-resident accounts. The requirements and procedure for conducting currency transactions are of particular importance in connection with the development of banking (financial) services and the emergence of new financial instruments, including digital ones. At the same time, the appeal to the analysis of the corpus delicti provided for in Article 193.1 of the Criminal Code of the Russian Federation does not allow to accurately determine the content of the signs of the act in question. The article is devoted to the consideration of certain aspects of this crime through the prism of judicial practice.
{"title":"Currency Transactions on Transfer of Funds to Non-Residents' Accounts Using Forged Documents: Analyzing Certain Aspects via Judicial Practice","authors":"D. Pechegin","doi":"10.18572/1812-3791-2024-1-22-25","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-22-25","url":null,"abstract":"The goal set forth in Federal Law No. 173-FZ is achieved not only through the regulatory regulation of the mechanism of repatriation of funds, preventing the occurrence of a situation of currency imbalance, but also by establishing clear requirements and procedures for currency transactions for transferring funds to non-resident accounts. The requirements and procedure for conducting currency transactions are of particular importance in connection with the development of banking (financial) services and the emergence of new financial instruments, including digital ones. At the same time, the appeal to the analysis of the corpus delicti provided for in Article 193.1 of the Criminal Code of the Russian Federation does not allow to accurately determine the content of the signs of the act in question. The article is devoted to the consideration of certain aspects of this crime through the prism of judicial practice.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"24 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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