Sibirskoe iuridicheskoe obozrenie最新文献

{"title":"Administrative Discretion: Questions and Answers (Part 3)","authors":"Yu. P. Solovey, P. P. Serkov","doi":"10.19073/2658-7602-2023-20-3-224-271","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-3-224-271","url":null,"abstract":"This article completes a series of three scientific publications planned by the Editorial Board of the Siberian Law Review, the Authors of which discuss the problem of administrative discretion, which is very relevant for Russian administrative legal theory and legal practice, in a question-answer format. Contrary to the opinion justified by Petr P. Serkov in the previous article about the impossibility of a fruitful study of administrative discretion without referring to the “analytical potential of the mechanism of administrative legal relations”, Yuri P. Solovey gives arguments indicating the unsuitability of this “logical structure” for studying legal realities. From his point of view, the use of this artificial and meaningless concept, without a doubt, is a violation of the well-known methodological principle “Occam’s Razor”: one should not multiply things unnecessarily. In this regard, PetrP. Serkov was asked two questions: firstly, could he conduct, within the framework of this article, an indicative analysis of a specific discretionary administrative act using the “logical structure of the mechanism of administrative legal relations”, which would make it possible to draw a conclusion about the legality (illegality ) of such an act, and, secondly, what is its relation to the principles of administrative procedures as legal means of control over administrative discretion and the need for their extensive legislative consolidation. Anticipating the answers to the questions posed, Petr P. Serkov critically analyzes the arguments of “discretionary disagreement” of the specified Author. It is concluded that the phenomenon of administrative discretion covers any managerial decision made by any official of state executive bodies and local governments in the exercise of any of the powers assigned to him. Such a vision of administrative discretion implies a significant adjustment of the method of its research, the priorities of which should be a person, his consciousness and psyche. Concerning the first of the questions asked, Petr P. Serkov, using the “analytical potential of the mechanism of legal relations”, analyzes a hypothetical situation in which a police officer performs a discretionary administrative action by stopping a vehicle. The Author argues that the named “potential” clarifies not only what administrative discretion is, but also how it is formed and what it is intended for. Answering the second question, Petr P. Serkov notes that the procedural legal regulation of the activities of state executive bodies will certainly bring positive effects to the phenomenon of administrative discretion, but it is not clear to what extent the principles of administrative procedures are able to prevent illegal administrative discretion. It should be taken into account that scientific controversy regarding the understanding of legal principles has been going on for decades without the prospect of reaching a doctrinal consensus. In general, the discuss","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135716224","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}

{"title":"Some Features of the Criminal Procedural Status of a Witness","authors":"O. S. Morozova","doi":"10.19073/2658-7602-2023-20-3-323-332","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-3-323-332","url":null,"abstract":"The relevance of the topic is due to the fact that the problems of the procedural position of a witness today need some addition and adjustment, while this particular issue requires special attention in connection with the expansion of the information space and the simplification of access to information contained in the materials of the criminal case of all participants in criminal proceedings. The question of the participation of a lawyer in criminal proceedings in order to provide qualified legal assistance to a witness remains important. In particular, the procedure for involving a lawyer in a criminal case has not been established, his procedural status has not been clearly regulated, and the issue of the possibility and limits of participation of a lawyer in investigative actions conducted with a witness has not been resolved. The purpose of the study is to analyze the legal problems related to the realization by the witness of his rights, the performance of his duties. The article deals with problematic issues related to the procedural status of a witness, analyzes the relevant norms of domestic criminal procedure legislation and the legislation of a number of foreign countries. The methodological basis of the work was the position of the general scientific dialectical method of cognition and the general theory of law, which made it possible to reveal the essence and features of the procedural status of a witness in pretrial criminal proceedings. The work widely uses the comparative legal method, which made it possible to identify the relationship between domestic and foreign legislation in the field of witness immunity. As a result, the following conclusions were made. It seems that it is necessary to provide a witness who has not formally received the status of a suspect or accused with qualified legal assistance on a mandatory basis, in order to protect his legal rights and interests. In addition, part 3 of Art. 56 of the Criminal Procedure Code of the Russian Federation, supplementing it with a ban on taking evidence from all persons who, by virtue of their official duties, are its bearers and must keep it.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"284 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135716225","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}

{"title":"On the Origins of Administrative and Judicial Discretion in Russian Administrative and Jurisdictional Activities","authors":"S. V. Schepalov","doi":"10.19073/2658-7602-2023-20-3-297-312","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-3-297-312","url":null,"abstract":"The article continues the discussion organized by the journal with the participation of professors Yuri P. Solovey and Petr P. Serkov on the problem of administrative discretion. The Author proposes to look at the difference between the internal content of administrative discretion and judicial discretion, which is evolutionarily incorporated in the proceedings on administrative offenses. The reader is invited to the conclusion that administrative responsibility has historically been imposed by government bodies for disobedience to the current management order. The authorized body acts on behalf of the public authority, and the responsibility imposed by it means the responsibility of a person to the government for disobedience to its internal policy. In Russia, it arose in the 1920s, when V. I. Lenin considered the people's courts weak in resolving issues of the application of public law penalties to persons who do not comply with the norms established by the Soviet government. The judicial order arose and evolved as a people's revision of the public authorities' initiative for administrative prosecution. Such a reform of administrative responsibility was carried out after the death of I.V. Stalin N. S. Khrushchev, who, trying to restore the lost trust of society in the authorities, believed that administratively punishable acts should cause condemnation not only of the authorities, but also of society. Some categories of cases of administrative offenses were assigned to the competence of the people's court. The court acts on behalf not of the public authority, but of the country as a whole. When imposing a punishment, the court declares the person guilty before the country not of an anti-government, but of an anti-social act. Administrative responsibility is evolutionarily connected with the discretion of the jurisdictional body. Its content is various social rules and values, including principles, as well as political considerations. Administrative discretion is dominated by managerial values: general prevention, ensuring public order, controllability of the masses, tax collection, implementation of state policy, etc. Judicial discretion, being realized on behalf of the country, reproduces the social norms and values of Russian society as a whole. Both legislative norms and managerial values are preserved, but become part of the general range of social norms and values, which is dominated by the universal principles of justice, reasonableness, proportionality and an adequate balance of private and public interests.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135716226","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}

{"title":"The Legal Concept of “Source of Increased Danger”","authors":"I. I. Algazin, I. A. Koryuchina","doi":"10.19073/2658-7602-2023-20-3-313-322","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-3-313-322","url":null,"abstract":"The work explores the concept of “source of increased danger”, the approaches to determining which, in the doctrine of civil law, are far from unambiguous. The article summarizes the existing approaches to the definition of the concept of “source of increased danger”. The reasons for the need to develop a definition of the concept under study and fix it at the legislative level are indicated. One of these reasons is the rapid complication of technologies, the introduction of innovations in all spheres of society. Despite the centuries-old discussion of civilist scientists, there is still no established, more or less unambiguous position on this issue. Due to the fact that there are no clear, specific explanations in the acts of the Supreme Court of the Russian Federation, we believe that changes in the law are long overdue due to the ambiguity of individual terms (namely, the guilt of the victim, the owner of a source of increased danger, activities that pose an increased danger to others) used in Article 1079 of the Civil Code of the Russian Federation. The need to consolidate the concept of “source of increased danger” is thought by us as the most important goal of unifying terminology in all branches of Russian legislation. We proceed from subjective – objective conditioning of processes and phenomena, illustrating their interconnectedness due to forced close interaction. The Authors argue the need to adopt a separate federal law establishing the specifics of compensation for harm by activities that pose an increased danger to others. The development of new technologies, the activities of third parties, the behavior of the victim, the quality and characteristics of the causer of harm, conditions and conditions are the prerequisites for the situation itself as a source of increased danger. The generalization of judicial practice on the example of analyzing a specific case is an indicative example of the culprit of the incident avoiding responsibility and injustice of individual court decisions based on judicial discretion. Determining ways to improve the provisions of Article 1079 of the Civil Code of the Russian Federation, in our opinion, will ensure uniformity of judicial interpretation and, as a result, optimization of law enforcement in the field under consideration. However, our work outlines the common features of research for a number of new scientific problems that require further research work.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135716228","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}

{"title":"On Certain Factors of Uniformity of Judicial Practice","authors":"G. A. Borisov","doi":"10.19073/2658-7602-2023-20-2-120-131","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-2-120-131","url":null,"abstract":"The article presents a study of modern factors that influence the shaping of uniform judicial practice in various countries of the world. The system of ensuring legal certainty established in the Russian Federation is regarded as superior to the system of stare decisis, whose proponents not infrequently seek stability for the sake of stability. A conclusion is drawn that abstract interpretation, not tied to the particular circumstances of an individual dispute, not having a strictly obligatory nature, and issued by a collective body of the apex court leaves more room for judicial discretion and orientation on legal principles. Trends are discovered in the court structure and rules of court procedure in foreign countries, indicating the continuing competition between the two systems, as well as a search for their synthesis. An opinion is put forward that lowering judicial workload through cutting-edge technologies, including artificial intelligence, is one of the keys to increasing the quality of justice. In this regard, potential risks and benefits of introducing those technologies into court activities are considered. The example of Chinese courts is used to illustrate the danger of lending too much importance to the recommendations of AI algorithms; a suggestion is formulated to introduce a new function into the prospective “Justice Online” superservice. Particular attention is paid to such subjective factors as judicial workload and judicial well-being, their role for the work of the courts. Based on foreign research and a report presented by the UN Office on Drugs and Crime, a conclusion is made about the importance of maintaining the physical and psychological well-being of judges for ensuring the proper quality of court decisions. The importance of dialog and exchange of best practices in the sphere of judicial well-being is stressed, various problems arising as a result of turning a blind eye to this sphere are considered. In conclusion, the importance of studying the results of work of the top judicial body in ensuring uniform judicial practice is emphasized, as well as that of dissemination of information about the adopted legal standings among the general public.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44903008","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}

{"title":"Features of Tactics of Interrogation of Juvenile Witnesses and Victims","authors":"E. Rodina","doi":"10.19073/2658-7602-2023-20-2-203-213","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-2-203-213","url":null,"abstract":"In the article, the Author analyzes the organizational, legal and tactical features of the interrogation of juvenile victims and witnesses. Currently, there are problems of observing the rights of juvenile participants in criminal proceedings included in the mechanism of the crime, and the specifics of their personal and psychophysiological characteristics make this investigative action particularly difficult and time-consuming. In this connection, the Author has set the purpose of this article to study the organizational and legal possibilities of questioning juvenile victims and witnesses. In the course of studying law enforcement practice and the most common mistakes made during interrogations of minors, the main stages of this investigative action are highlighted and the most effective recommendations for their conduct are proposed, taking into account the psychophysiological characteristics of minors. The methodology of this research consists of: dialectical, analytical, comparative legal, empirical methods of cognition, comparative and logical-structural analyses, a systematic approach and a method of analysis and generalization of practice. The conducted research and the practical experience of the Author allowed us to draw conclusions about the imperfection of law enforcement practice and legal regulation of the interrogation of a minor. According to the Author, amendments to the current legislation will make it possible to fully use all possible tactics of interrogation of minors, which will increase the effectiveness of interrogation and minimize the possibility of repeated psychotraumatization of minors. The findings of the study can be used by practitioners when conducting investigative actions with the participation of minor victims and witnesses during the investigation and disclosure of crimes of various types. The theoretical conclusions made in the course of the study will help in studying the tactics of interrogation in the discipline “Criminalistics”.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46473213","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}

{"title":"Exhaustion of Exclusive Rights to Computer Programs Under the Laws of Russia, the USA, the EU, China and India","authors":"К. S. Golovin","doi":"10.19073/2658-7602-2023-20-2-174-188","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-2-174-188","url":null,"abstract":"This article provides a comparative analysis of the doctrine of exhaustion of exclusive rights in respect of computer programs with a focus on the legislation of Russia, the United States, the European Union, China and India. The purpose of this study is to examine the impact of the doctrine of exhaustion of exclusive rights on intellectual property and propose potential solutions to address problems that may arise. The laws in force in Russia concerning the exhaustion of rights to computer programs are discussed, and it is noted that they are restraining in nature and limit the distribution of computer programs to the first distribution under contracts for the complete alienation of the tangible medium. Although these laws are aimed at protecting the rights of authors and right holders, they also impede the free distribution of computer programs, making it difficult for consumers to access them. Therefore, the article proposes changes in the Russian legislation to ensure free distribution of computer programs, including the possibility of leasing, secondary sale of electronic copies and exchange. It is also proposed to reduce the requirement to recognize the introduction into civil circulation, because the existing wording “sufficient to meet reasonable public needs, based on the nature of the work” is vague and contrary to current international practice. I believe that these changes will help mitigate or circumvent current or future Western sanctions. The analysis underlines the need to improve Russian legislation with respect to the doctrine of exhaustion of exclusive rights. By adopting more flexible laws, Russia can facilitate the free distribution of computer programs while protecting the rights of authors and rightsholders. Such improvements will increase access to software and foster innovation and creativity in the digital age.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":"16 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41289537","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}

{"title":"The Concept and Criteria of Insignificance of the Committed Administrative Offense","authors":"A. Popov, I. Fomina","doi":"10.19073/2658-7602-2023-20-2-132-144","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-2-132-144","url":null,"abstract":"The problem of applying the insignificance of administrative offenses is relevant in the scientific community. Many authors, such as Yu. P. Solovey, E. V. Sergeeva, O. V. Derbina, L. Ch. Kupeeva and others, in different years raised issues related to the insignificance of offenses in their scientific activities. The Authors studied the objectivity of the application of insignificance to the formal elements of offenses, the effectiveness of oral remarks, and possible criteria for recognizing an offense as insignificant. The appraisal of the concepts enshrined in the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) makes it possible to ensure the flexibility of legislation in sentencing. However, in the particular case under consideration, evaluativeness and the lack of clear criteria for the use of insignificance contribute to the blurring of the boundaries of responsibility. The results of the statistical study cited by the Authors show that for 2019–2021. a significant number of proceedings on administrative offenses were terminated precisely on the basis of Art. 2.9 of the Code of the Russian Federation on Administrative Offenses, which indicates the importance of the criteria by which the possibility of applying insignificance and the conditions to be analyzed by an official of the relevant administrative body or a judge is assessed. As a criterion of insignificance of administrative offenses, the objective side of which is characterized by the receipt of income or damage, the Authors propose to use the amount of such income or damage. According to the Authors, the classification of an administrative tort as insignificant is possible when receiving income or causing damage that does not exceed 1/30 of the subsistence minimum in the whole of the Russian Federation per capita, provided for the calendar year in which the administrative offense was committed (for 2023 – 480 rubles). Given the above, the Authors indicate the need for legislative consolidation of the categories of administrative offenses and circumstances in the commission or occurrence of which the application of the legal institution of insignificance is unacceptable. One of these circumstances, at the suggestion of the Authors, is the absence of a person held liable when considering a case of an administrative offense.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48946384","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}

{"title":"The Concept and Characteristics of a Defect of Discretion in Law","authors":"Y. Onosov","doi":"10.19073/2658-7602-2023-20-2-110-119","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-2-110-119","url":null,"abstract":"The article touches upon the problems associated with defects in law related to discretion. An attempt is made to analyze the approaches of legal scholars to the concepts of “defect of law”, as well as related concepts of “defect of a normative legal act”, “defect of legislation”, “error in law”. Attention is focused on the relationship between the concept of “defect in law” and “quality of law”. In relation to individual branch legal sciences, studies of individual defects have been conducted, however, a unified approach to understanding the essence of the relevant legal phenomenon has not been formed. When analyzing the approaches of various researchers to the essence of the defect in law, it should be noted that the authors point to a violation of the requirements related to the quality of the regulatory legal act. A scientific analysis is carried out of the fact that a law enforcement decision based on various legal defects is associated with discretion. The origins of the concept of “defect in law” are considered, since for the first time it began to be used in industry legal sciences. The point of view on the allocation of an expansive and restrictive understanding of the “defect in law” in scientific circulation is interesting. In the first case, we are talking about the state of legal norms, when the regulation of public relations leads to a violation of the optimal balance of the interests of the state, society and the individual. In the second case, we mean legal regulation, the quality level of which is low, and in this regard, infringement of interests occurs. The article presents the Author's definition of “the defect of discretion in law”, as well as the signs of this concept. The criteria of imperfection, according to the Author, should include gaps in law, conflicts of legal norms, uncertainty of legal regulation, violations of the requirements of legal technology in the construction of texts of normative acts, irrational placement of norms in the legal system, excessive duplication of rules of conduct in acts of different legal force, excessive legal regulation. The signs of the sought concept also include: finding a defect of discretion in the law in a specific substantive element of a legal act, as well as the social harmfulness of the defect affecting discretion in the application of law.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41476631","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}

{"title":"Social and Legal Prerequisites for Protecting the Property Interests of the Suspect and the Accused in the Application of Coercive Measures","authors":"T. T. Bayazitov","doi":"10.19073/2658-7602-2023-20-2-189-202","DOIUrl":"https://doi.org/10.19073/2658-7602-2023-20-2-189-202","url":null,"abstract":"The modern development of social relations cannot be considered in isolation from the economic basis of human life. Taking into account the consistent formation of the institution of private property and the property sphere, new rules for the relationship between the state and the individual are being formed. On this background, issues related to the implementation of the repressive function of the state are of great importance. The process of investigating criminal activity often affects the property interests of the participants in the criminal process. At the same time, the rules of this type of state activity enshrined in the legislation do not always take into account the changed format of economic relations between individuals and legal entities. The article deals with the problem of the lack of adaptation of the criminal procedural legislation to the actual relations in the area of public life. Questions of interaction between criminal procedure and civil legislation are described here. There is a lack of an integrated approach to regulating the issues of protecting the property interests of the suspect, the accused in the application of measures of procedural coercion. Despite the general approach in this area of relations formulated in the Constitution of the Russian Federation, which is favorable for the suspect and for the accused, there are multiple contradictions at the level of intersectoral regulation. The paper states the need for a comprehensive regulation of the features of the application of coercive measures of a property nature to the specified participants in the criminal process. Judicial practice contributes to this process. The decisions of the Constitutional Court of the Russian Federation studied in the article forces the legislator to new reforms of the Code of Criminal Procedure of the Russian Federation. Some of the programmatic political statements of the country's top leadership noted in the work contributes this process. The analysis of the scientific problem under study is carried out taking into account the existing norms of international law, as well as on the basis of the formed historical experience of the domestic procedure for regulating the rules of investigation and trial in criminal cases. The study focuses on the application of such measures of property impact on a person as bail, custody, seizure of property and others. The conclusions are made taking into account statistical indicators and the results of a survey of practical employees of the investigative departments of various departments and the lawyer corps.","PeriodicalId":33294,"journal":{"name":"Sibirskoe iuridicheskoe obozrenie","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47895817","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}