Pub Date : 2021-11-13DOI: 10.18287/1810-4088-2021-16-1-25-48
A. Sultanov
The article examines the problem of the parties explanations as evidence in arbitration courts. The author analyzes this problem through the prism of the admissibility of lies in the arbitration process. This problem is resolved from both legal and philosophical and ethical positions. The untruth is something that destroys trust the foundation of society, among other things, it undermines the credibility of the court, which accepts a lie; a lie destroys the person himself. The author reasonably believes that the one who considers a lie in court to be permissible allows the victory of untruth in court, thereby contributing to the transformation of a liar into a triumphant villain with the complicity of the court. Lying leads to dysfunction of justice, allowing lies in the trial is contrary to the very foundations of justice. The entry into force of a judgment based on a lie in one dispute only gives rise to a new dispute between the same parties. The author proves that a negative attitude towards lies is characteristic of both substantive and procedural law. It is concluded that the availability of effective means of protection against lies in the process is consistent with the principle of maintaining citizens confidence in the law and the actions of the state; justice is expected from the courts, not the encouragement of lies and deceit. The author reveals a contradiction between the attitude to judicial errors formed in the Soviet era and the consideration of the procedure of revision based on newly discovered circumstances only to the procedure of revision in the order of self-control, and the actual task of the court to correct judicial errors. It is rightly noted that this approach is extremely difficult to overcome, since new evidence showing the lie of the party is not considered by the courts as newly discovered circumstances. Meanwhile, a decision based on a lie is a miscarriage of justice.
{"title":"The problem of the parties’ explanations as evidence in arbitration courts","authors":"A. Sultanov","doi":"10.18287/1810-4088-2021-16-1-25-48","DOIUrl":"https://doi.org/10.18287/1810-4088-2021-16-1-25-48","url":null,"abstract":"The article examines the problem of the parties explanations as evidence in arbitration courts. The author analyzes this problem through the prism of the admissibility of lies in the arbitration process. This problem is resolved from both legal and philosophical and ethical positions. The untruth is something that destroys trust the foundation of society, among other things, it undermines the credibility of the court, which accepts a lie; a lie destroys the person himself. The author reasonably believes that the one who considers a lie in court to be permissible allows the victory of untruth in court, thereby contributing to the transformation of a liar into a triumphant villain with the complicity of the court. Lying leads to dysfunction of justice, allowing lies in the trial is contrary to the very foundations of justice. The entry into force of a judgment based on a lie in one dispute only gives rise to a new dispute between the same parties. The author proves that a negative attitude towards lies is characteristic of both substantive and procedural law. It is concluded that the availability of effective means of protection against lies in the process is consistent with the principle of maintaining citizens confidence in the law and the actions of the state; justice is expected from the courts, not the encouragement of lies and deceit. The author reveals a contradiction between the attitude to judicial errors formed in the Soviet era and the consideration of the procedure of revision based on newly discovered circumstances only to the procedure of revision in the order of self-control, and the actual task of the court to correct judicial errors. It is rightly noted that this approach is extremely difficult to overcome, since new evidence showing the lie of the party is not considered by the courts as newly discovered circumstances. Meanwhile, a decision based on a lie is a miscarriage of justice.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131585979","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 : 2021-11-13DOI: 10.18287/1810-4088-2021-16-1-15-24
A. Radaev
This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.
{"title":"European Social Charter: basic guarantees of social and labor rights","authors":"A. Radaev","doi":"10.18287/1810-4088-2021-16-1-15-24","DOIUrl":"https://doi.org/10.18287/1810-4088-2021-16-1-15-24","url":null,"abstract":"This article is devoted to the legal analysis of provisions of the European Social Charter, as the main international normative act regulating legal relations in the field of social and labor rights of workers, as well as identifying the features of the system of international cooperation in this area. The article touches upon the problem of institutional and conventional interaction of subjects of international law. The issues of the structure and content of both the European Social Charter and its basic norms governing the sphere of social and labor rights are considered. Attention is drawn to the fact that 60 years have passed since the adoption of this international legal act, which was opened for signature on October 18, 1961 in Turin. In the jubilee year, there is every reason to recall the history of the adoption and entry into force of the European Social Charter, its revision in 1996 and the ratification of this international legal act by the Russian Federation after a long period after the official signature. The article also concerns certain problems of reforming domestic legislation in the field of social rights and guarantees in accordance with European standards. The problems of the implementation of the norms of the European Social Charter governing legal relations related to social rights and guarantees of workers into the modern legislation of the Russian Federation are touched upon. On this basis, it is concluded that it is necessary and advisable to include in Russian legislation the provisions of the European Social Charter on additional guarantees for the protection of social, labour and economic rights. It was found that certain norms of the European Social Charter, which provide guarantees of rights to migrant workers, are not fully included in domestic legislation. Comparative legal analysis of the compliance of the legislation of the Russian Federation with the provisions of the European Social Charter shows that the legal foundations of social and economic guarantees of the rights of Russian citizens are basically consistent with the provisions of the Charter. At the same time, it is stated that the level of guarantees actually provided is determined by the capabilities of the state. Further development of the social and labor sphere in the country makes it possible to approach the standards proclaimed in the Charter, which makes it possible to fulfill the obligations assumed upon its ratification. Russias accession to the European Social Charter and its ratification undoubtedly strengthened the position of our state in relations with other countries, increased the level of protection of social, labour and economic rights in the country. It is advisable to discuss issues of ensuring the implementation of the provisions of the European Social Charter in the Russian legal system in order to further improve national legislation, improve the level and quality of life in our country.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"212 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128642124","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 : 2021-11-13DOI: 10.18287/1810-4088-2021-16-1-59-70
E. Balashova
The article deals with the issues of qualification of various types of economic activity. An attempt is made to analyze the ratio of entrepreneurial and professional activities, and the criteria of professional activity are highlighted. The author comes to the conclusion that there is an interpretation of the concept of professional activity in the broad and narrow sense of the word. The author shares the conclusion that professional activity is carried out by an individual who has special knowledge, qualifications obtained either in the course of training, or formed as a result of gaining experience in the professional field. This person can carry out their professional duties, both within the framework of an employment contract, and independently under a civil law contract, engaging in private practice. Professional activity may or may not be entrepreneurial in nature. At the same time, entrepreneurial activity may not be professional in terms of the availability of special knowledge and qualifications. Legal regulation of both professional and business activities can be carried out by various methods, including using elements of self-regulation and without them, which does not allow its features to be used to distinguish between these types of activities. The article also considers the features of the concept of entrepreneurial activity, distinguishing this type of activity from other economic activities.
{"title":"On the question of the relationship between entrepreneurial and professional activity","authors":"E. Balashova","doi":"10.18287/1810-4088-2021-16-1-59-70","DOIUrl":"https://doi.org/10.18287/1810-4088-2021-16-1-59-70","url":null,"abstract":"The article deals with the issues of qualification of various types of economic activity. An attempt is made to analyze the ratio of entrepreneurial and professional activities, and the criteria of professional activity are highlighted. The author comes to the conclusion that there is an interpretation of the concept of professional activity in the broad and narrow sense of the word. The author shares the conclusion that professional activity is carried out by an individual who has special knowledge, qualifications obtained either in the course of training, or formed as a result of gaining experience in the professional field. This person can carry out their professional duties, both within the framework of an employment contract, and independently under a civil law contract, engaging in private practice. Professional activity may or may not be entrepreneurial in nature. At the same time, entrepreneurial activity may not be professional in terms of the availability of special knowledge and qualifications. Legal regulation of both professional and business activities can be carried out by various methods, including using elements of self-regulation and without them, which does not allow its features to be used to distinguish between these types of activities. The article also considers the features of the concept of entrepreneurial activity, distinguishing this type of activity from other economic activities.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130090285","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 : 2021-11-13DOI: 10.18287/1810-4088-2021-16-1-71-81
T. Komarova, L. P. Komarova
The article deals with the issues of pension provision of citizens, namely, the features of reporting in the mandatory pension insurance system. The authors studied the norms of the adopted Federal Law № 136-FZ as of 24.04.2020 On Amendments Being Made to Articles 2 and 11 of the Federal Law On Individual (Personalized) Accounting in the Mandatory Pension Insurance System, Federal Law № 436-FZ as of 16.12.2019 On Amendments to the Federal Law On Individual (Personalized) Accounting in the mandatory pension insurance system and analyzed the newly introduced employers obligation to provide information on personnel changes (on the admission and dismissal of a citizen) no later than a working day, following the day of the issuance of the relevant order or other document. Much attention is paid to the mechanism of implementation of the provisions on the obligation of timely reporting to the bodies of the Pension Fund of the Russian Federation, as well as responsibility (administrative) for non-fulfillment of this obligation. At the end of the study, a conclusion was made about the imperfection of the existing model of receiving reports by one body (the Pension Fund of the Russian Federation), and the control over the provision of such reports by another body (the Federal Executive authority exercising federal state supervision over compliance with labor legislation).
{"title":"Personalized accounting in the pension system of the Russian Federation","authors":"T. Komarova, L. P. Komarova","doi":"10.18287/1810-4088-2021-16-1-71-81","DOIUrl":"https://doi.org/10.18287/1810-4088-2021-16-1-71-81","url":null,"abstract":"The article deals with the issues of pension provision of citizens, namely, the features of reporting in the mandatory pension insurance system. The authors studied the norms of the adopted Federal Law № 136-FZ as of 24.04.2020 On Amendments Being Made to Articles 2 and 11 of the Federal Law On Individual (Personalized) Accounting in the Mandatory Pension Insurance System, Federal Law № 436-FZ as of 16.12.2019 On Amendments to the Federal Law On Individual (Personalized) Accounting in the mandatory pension insurance system and analyzed the newly introduced employers obligation to provide information on personnel changes (on the admission and dismissal of a citizen) no later than a working day, following the day of the issuance of the relevant order or other document. Much attention is paid to the mechanism of implementation of the provisions on the obligation of timely reporting to the bodies of the Pension Fund of the Russian Federation, as well as responsibility (administrative) for non-fulfillment of this obligation. At the end of the study, a conclusion was made about the imperfection of the existing model of receiving reports by one body (the Pension Fund of the Russian Federation), and the control over the provision of such reports by another body (the Federal Executive authority exercising federal state supervision over compliance with labor legislation).","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126830128","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 : 2021-11-08DOI: 10.18287/1810-4088-2020-15-1-5-9
T. F. Yudina
The article considers peculiarities of the emergence and development of justices of the Samara province in the second half of the XIX century, analyzes the reasons for their liquidation in 1889.
本文考察了十九世纪下半叶萨马拉省法官产生和发展的特殊性，分析了1889年萨马拉省法官被解散的原因。
{"title":"LEGAL MODERNIZATION OF THE JUDICIAL SYSTEM OF THE SAMARA PROVINCE IN THE SECOND HALF OF THE NINETEENTH CENTURY: JUSTICE OF THE PEACE","authors":"T. F. Yudina","doi":"10.18287/1810-4088-2020-15-1-5-9","DOIUrl":"https://doi.org/10.18287/1810-4088-2020-15-1-5-9","url":null,"abstract":"The article considers peculiarities of the emergence and development of justices of the Samara province in the second half of the XIX century, analyzes the reasons for their liquidation in 1889.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133979777","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 : 2021-11-08DOI: 10.18287/1810-4088-2020-15-1-41-46
K. S. Neshchadimova
The article examines the problems of administrative prejudice in the criminal law on the example of the operation of regulations stipulated in the Article 1581 of the Criminal Code of the Russian Federation. A legal and technical analysis of the composition of petty theft of other peoples property, committed by a person subjected to administrative punishment. Some controversial issues of qualification of the analyzed criminal offense are considered. Attention is focused on the moment of the end of petty theft of other peoples property, committed by a person subjected to administrative punishment. The issue of necessity and expediency of increasing the cost threshold of petty theft of other peoples property is considered. The article also suggests other ways to improve the criminal legislation of Russia and the practice of its application, aimed at reducing the level of mercenary property crime in the country. It is shown that despite the fact that the appearance of Article 158.1 of the Criminal Code of the Russian Federation is connected with the introduction of administrative prejudice and, as a result, the criminalization of acts provided for by this Code, the latest law enforcement practice shows an insufficiently high level of effectiveness of this criminal law institution.
{"title":"ABOUT SOME QUESTIONS OF QUALIFICATION OF PETTY THEFT COMMITTED BY A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT","authors":"K. S. Neshchadimova","doi":"10.18287/1810-4088-2020-15-1-41-46","DOIUrl":"https://doi.org/10.18287/1810-4088-2020-15-1-41-46","url":null,"abstract":"The article examines the problems of administrative prejudice in the criminal law on the example of the operation of regulations stipulated in the Article 1581 of the Criminal Code of the Russian Federation. A legal and technical analysis of the composition of petty theft of other peoples property, committed by a person subjected to administrative punishment. Some controversial issues of qualification of the analyzed criminal offense are considered. Attention is focused on the moment of the end of petty theft of other peoples property, committed by a person subjected to administrative punishment. The issue of necessity and expediency of increasing the cost threshold of petty theft of other peoples property is considered. The article also suggests other ways to improve the criminal legislation of Russia and the practice of its application, aimed at reducing the level of mercenary property crime in the country. It is shown that despite the fact that the appearance of Article 158.1 of the Criminal Code of the Russian Federation is connected with the introduction of administrative prejudice and, as a result, the criminalization of acts provided for by this Code, the latest law enforcement practice shows an insufficiently high level of effectiveness of this criminal law institution.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129132551","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 : 2021-11-08DOI: 10.18287/1810-4088-2020-15-1-35-40
S. V. Elekina
Among the controversial issues of law enforcement is the problem of distinguishing between abuse of authority and abuse of official authority. This problem is caused by a significant similarity of the elements of crimes under article 201 and article 285 of the criminal code. In order to correct qualification called socially dangerous encroachments in the article conducted a comparative legal analysis of the major signs of compounds that characterize the object, objective side, subjective side and the subject of abuse. Proposed effects of any kind of abuse of power committed in the field of private services, and in the sphere of public services is considered a significant violation of rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or state, which includes substantial harm. The type of composition by design is formal and material. The object and subject of abuse of authority and abuse of official powers are identified as the main criteria for distinguishing between criminal attacks under the current criminal legislation of Russia.
{"title":"ABOUT THE RATIO OF ELEMENTS OF CRIMES PROVIDED FOR BY ARTICLES 201 AND 285 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION","authors":"S. V. Elekina","doi":"10.18287/1810-4088-2020-15-1-35-40","DOIUrl":"https://doi.org/10.18287/1810-4088-2020-15-1-35-40","url":null,"abstract":"Among the controversial issues of law enforcement is the problem of distinguishing between abuse of authority and abuse of official authority. This problem is caused by a significant similarity of the elements of crimes under article 201 and article 285 of the criminal code. In order to correct qualification called socially dangerous encroachments in the article conducted a comparative legal analysis of the major signs of compounds that characterize the object, objective side, subjective side and the subject of abuse. Proposed effects of any kind of abuse of power committed in the field of private services, and in the sphere of public services is considered a significant violation of rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or state, which includes substantial harm. The type of composition by design is formal and material. The object and subject of abuse of authority and abuse of official powers are identified as the main criteria for distinguishing between criminal attacks under the current criminal legislation of Russia.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114387096","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 : 2021-11-08DOI: 10.18287/1810-4088-2020-15-1-22-28
Yana Samiulina
The article examines the questions of correlation of concepts and content of operational investigative activity and evidence in criminal proceedings.
本文探讨了刑事诉讼中侦查活动的概念和内容与证据的关系问题。
{"title":"USING THE RESULTS OF OPERATIONAL INVESTIGATIVE ACTIVITY IN CRIMINAL PROCEDURE PROOF (THE HISTORICAL-LEGAL ANALYSIS)","authors":"Yana Samiulina","doi":"10.18287/1810-4088-2020-15-1-22-28","DOIUrl":"https://doi.org/10.18287/1810-4088-2020-15-1-22-28","url":null,"abstract":"The article examines the questions of correlation of concepts and content of operational investigative activity and evidence in criminal proceedings.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130417083","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 : 2021-11-08DOI: 10.18287/1810-4088-2020-15-1-15-21
O. Klimanova
This article is about possible temporary limits of criminal legal proceedings in which the prejudicial cooperation agreement may be concluded. The special focus is on qualification of a crime as the factor which is directly influencing cooperation prospects for the suspect (accused) and the moment of its conclusion. The research objective is the identification of interrelation between degree of accuracy of qualification of a crime at some stage of criminal procedure and security of observance of legitimate interests of the cooperating person.
{"title":"DEFINITION OF THE MOMENT OF CONCLUSION OF PREJUDICIAL COOPERATION AGREEMENT TAKING INTO CONSIDERATION THE QUALIFICATION OF A CRIME","authors":"O. Klimanova","doi":"10.18287/1810-4088-2020-15-1-15-21","DOIUrl":"https://doi.org/10.18287/1810-4088-2020-15-1-15-21","url":null,"abstract":"This article is about possible temporary limits of criminal legal proceedings in which the prejudicial cooperation agreement may be concluded. The special focus is on qualification of a crime as the factor which is directly influencing cooperation prospects for the suspect (accused) and the moment of its conclusion. The research objective is the identification of interrelation between degree of accuracy of qualification of a crime at some stage of criminal procedure and security of observance of legitimate interests of the cooperating person.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129529924","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 : 2021-11-08DOI: 10.18287/1810-4088-2020-15-1-29-34
L. A. Serzhantova
In the article are analyzed domestic, and also foreign basic models of differentiation of the pre-judicial criminal legal proceedings, a result the author comes to a conclusion that the most successful basis for differentiation of pre-judicial production is police inquiry on the basis of which the issue of an investigation form choice has to be resolved.
{"title":"BASIC MODEL FOR DIFFERENTIATION OF DOMESTIC PRE-JUDICIAL CRIMINAL LEGAL PROCEEDINGS","authors":"L. A. Serzhantova","doi":"10.18287/1810-4088-2020-15-1-29-34","DOIUrl":"https://doi.org/10.18287/1810-4088-2020-15-1-29-34","url":null,"abstract":"In the article are analyzed domestic, and also foreign basic models of differentiation of the pre-judicial criminal legal proceedings, a result the author comes to a conclusion that the most successful basis for differentiation of pre-judicial production is police inquiry on the basis of which the issue of an investigation form choice has to be resolved.","PeriodicalId":329485,"journal":{"name":"Juridical Analytical Journal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132002634","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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